All posts by Jaaber

BOND HEARING/EMERGENCY DOCKET MEMO

CLICK HERE FOR SIEGEL MEMO*

*We respectfully disagree with VFO’s not qualifying … they can admit and ask for bond whenever they want, are entitled to the bond hearing, and the Court should take the admission and then set the Danger Hearing if there’s no finding during the admission hearing … however, it’s understood that the Danger Hearing itself is set at the mercy of the Court’s schedule, so it is what it is …

WEEKEND WARRIOR AO

JAIL ISSUES

Pictured above is Hillsborough County’s proactive order giving Leo’s discretion to release new arrestees on charges up to 3rd degree felonies.

It’s an important step, and hopefully will be considered here.

Full jails mean potential outbreaks, and outbreaks mean transports to local hospitals for treatment. BSO is preparing a response to our request concerning medical capabilities in the jail, but it’s safe to say there are no ventilators in the jail. A full response is in the works, which we will post when available.

Full jails also mean dangerous overcrowding if there are extended closures and social unrest, and jails need to be able to accomodate violent offenders. New arrests, of course, are also a major concern for the introduction of the virus into the existing population, which is why it’s hoped Jack Tuter will consider an order similar to the one executed in Hillsborough.

STAY TUNED …

PB UPDATE/BOND ISSUES

15th Circuit chief judge Krista Marx is in the process of fashioning an AO to reflect the closure changes ordered by the Supreme Court yesterday, according to her office and PIO. We will post when it arrives. In the meantime, there is reportedly a bit of scrambling this morning, with last-minute cancellations going on necessary to comply with the Supreme Court directive. In the meantime, the 15th Circuit website still displays the message below, as of 9:30 AM.

Check out the Supreme’s order, linked here, and below on the prior post from yesterday. It seems to indicate requests for bond hearings can’t be denied at the Court’s discretion, emergency or not. That would go for VFO cases as well, so expect a lot more confusion if the SAO won’t stipulate “not a danger,” and the client wants to enter an admission for bond.

**Lastly, we’re told DOC is not accepting admissions at this time, which could impact the jail population as well …**

EMERGENCY!

UPDATE – SUPREME’S SPEAK: BOND HEARINGS FOR ALL?

COVID-19 ESSENTIAL AND CRITICAL TRIAL COURT
PROCEEDINGS

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Andy Siegel, chief judge over circuit felony matters, has shared plans with stakeholders as to the nuts and bolts of how Night Court will be held.

As a courtesy, we’re not reprinting any of the stakeholders’ further emails detailing specifics until Siegel himself puts everything in writing, which should be tomorrow.

In the meantime, the 12:00 PM deadline for filing of motions for consideration to be heard on Thursday is real, so get them in to your division judge, and copy Siegel’s JA.

Andy has reportedly been all over this for the last few days, and has it to the point where things can operate remotely for all involved, including judges and JA’S.

STAY TUNED …

COMING SOONWhat Constitutes an Emergency?

EMERGENCY DOCKETS SHOULD START THURSDAY/TUESDAY UPDATE/PB PARTIAL CLOSURES

We’ve personally had a couple knock-down drag-outs in First Appearances on Sunday in felony and today in juvenile, where judges overruled the SAO’s “business-as-usual” approach to keep nonviolent offenders locked up, and to hell with the pandemic. In both cases, ASA’s told us they had no directive from their bosses at the SAO to change course from the Office’s standard approach to magistrates.

Accordingly, the following PRR’s were sent to the SAO after court this afternoon:

THE SAO RESPONSE:


THE FOLLOWING PRR WAS SENT TO BSO; RESPONSE WILL POST WHEN RECEIVED:

AND THIS FROM THE 15TH CIRCUIT:

VOTE HERE FOR BOARD OF GOVERNORS UNTIL MARCH 23RD

ARI PORTH COMES THROUGH

Mental Health Court helmer Ari Porth has sent out the following message. It’s unknown at this time if other judges will let him handle their cases too, but it can’t hurt to ask …

TUTER EMAIL

Sent to BACDL’S Barry Butin a short time ago:

Barry, I noticed you are still on the board at the Broward Criminal Defense Association. We are working on a plan to permit Private Attorneys into the courthouse on certain dockets possibly later in the week. 

Please send this message to your members and pass the word. Judge Siegal is actively doing this now. The plan would likely entail dockets beginning at 330 in the first appearance courtroom.

We will likely only consider a motion that constitutes an emergency or other matters relating to possible release from jail of a person in custody. Judge Siegal will provide more definite guidelines. 

Please be patient we have many moving parts but did not want to leave the private lawyers out. We also are working on permitting private attys to appear by phone if they do not want to come to the first appearance courtroom for these hearings. 

More news as we develop a plan. Any plan may change as we work our way through this. 

I have copied Joe as well from the office of regional counsel. Please keep all you can in the loop. 

Thanks Chief Judge