BULLDOG WEIGHS IN

Under the gun of a new discipline rule, Florida lawyers had better keep judges happy…or else

By Noreen Marcus, FloridaBulldog.org, October 31st:

Judges who want to punish lawyers for any reason now have a superpower that can derail careers, courtesy of the Florida Bar and the Florida Supreme Court …

“This was all cranked up by activist political judges,” said a lawyer who is familiar with the disciplinary system but has not personally been disciplined … “Passing things like this undermines public confidence in the judiciary.” …

Reacting to misconduct in their courtrooms, judges trust themselves to police the Bar more than they trust the Bar to police itself. That’s at least one law professor’s take on the situation …

The court’s Oct. 21 ruling “suspends all time periods, so there’s a sword of Damocles over your head and you have no right to a speedy resolution,” Lawyer B said …

COMING SOONIt’s Getting Chilly Out There: Rule 3-7.18’s Chilling Effect on the Representation of Criminally Charged Defendants …

TUESDAY NOTES

No Masks! (aka Ready For Trial?) – vaccinated individuals are no longer required to wear facemasks in the courthouse, according to Administrative Order 2021-62-Temp, issued today, and effective November 1st. The AO also prioritizes the order in which cases shall be heard by a jury …

AO 2021-62-Temp
“Don’t Trump my Florida”

Jim Lewis runs for Florida Attorney General – perennial candidate Jim Lewis is at it again, this time taking on Ashley Moody. The paperwork for “the Not-Trump Candidate” should appear over at the Division of Elections soon …

IN RE: AMENDMENT TO RULES REGULATING THE FLORIDA BAR–RULE 3-7.18

Jump? How high, you say? – dealing with the Florida Bar when complaints by judges are at issue just got a lot more difficult. The Bar, already notoriously gun-shy when it comes to disposing of grousing by robed complainants, is now subject to the above-styled new rule, which becomes effective on December 20th.

We’re told some judges, of the type who would involve the Bar on matters that are hardly egregious and could easily be settled man to woman, woman to woman, or any combination thereof, have been lobbying for more control over the attorney discipline process. Apparently, for some of the thinner skinned members of the judiciary, too many cases brought by judges have been dropped over the years, resulting in judges now being codified as Super Complainants. Judges’ traditional tools of being able to cajole, pressure, and unnerve bar counsel are now greatly bolstered by a seemingly limitless appeals power in the event a referral is deemed unfounded, in an arena where the Bar is already scared of its own shadow. Read all about it by clicking the link above, and ask yourself why Bar brass would go along with such a quirky amendment, particularly when members of the general public will forever remain more vulnerable to attorney misconduct than any judge could ever be.

Of course, the law is still the law, and due process, or whatever it’s called in Bar proceedings, remains essentially the same at the outset of a judicial complaint. It also remains to be seen if the creation of a special class of litigant will pass Constitutional muster. In the meantime, however, observers are concerned that other cherished legal principles like stare decisis will also be cast to the wind, with judges being allowed to re-file and re-litigate previously disposed perceived slights with the specter of new Rule 3-7.18 looming over hapless bar counsel.

Lastly, what say the JQC? Will the Bar lobby to re-classify judges and attorneys Super Complainants when calling out allegedly misbehaving jurists? Will a transparent and exhaustive JQC appeals process be implemented similar to the one judges now enjoy with the Bar? Or are accusations of judicial misconduct less concerning to the powers that be than those concerning attorneys?

Wait and see …

(Platitude courtesy of the Florida Bar)

Fun With The Rules of Judicial Administration – rules are always a wealth of information, if sometimes ignored.

For instance, did you know, in the absence of a lawyer being set for trial, it’s up to the judges to resolve a busy lawyer’s daily schedule conflicts amongst themselves, and not an added burden on the attorney, as is generally perceived?

Rule 2.550 addresses the issue of the scrambling, sought after attorney, apparently an issue for impatient judges since the Rule of Law was implemented, or at least since the Sixth Amendment Right of Choice of Counsel became a thing. The problem, of course, is there doesn’t seem to be a procedure in place in the 17th Circuit that anyone’s aware of to guide lawyers on where to send their emails pursuant to 2.550 (c), or a system for judges to resolve scheduling conflicts after being noticed.

Once upon a time there was a 17th Circuit administrative order (AO) that prioritized court appearances by rank, specifically 1. Federal/2. Circuit/3. County, but that AO seems to have been retired, because even though it made things easier, it probably hurt the county judges’ feelings. Without it, and without a system in place in accordance with Rule 2.550 (c), lots of ticked off judges often sit around waiting for much busier lawyers, at least in the criminal division.

It doesn’t have to be that way, of course. And since we’re always here to help, instead of addressing the elephant in the room by asking how it’s possible for some lawyers to be a heck of a lot busier than many of the trial-less judges at, say, 11:00 in the morning, we’ll instead take the lead and gather up the appropriate email lists for publication that can make Rule 2.550 a reality in Broward County …

16 FOR 1

*UPDATE* INTERVIEW SCHEDULE:

Where’s Ari?

Courtroom 7810 has been transformed for the Cruz assault trial to accommodate the media, with Ari Porth relocated one floor below (click photo to enlarge) …

Q LIST UPDATE

UPDATE- Merrigan: 7/18; Davis 9/16; Rothschild 4/9 …

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First stop this morning, Room 5750, Judge Kollra:

Out of nine IC’s, five are scratched …

We’ll update later as to whether or not in-custody Zoom dockets can be dedicated to Q cases in the afternoon, when movement deputies aren’t busy with the high volume of morning court transportation …

THE Q LIST

In-custody inmates are not getting their court dates, if they’re on the Q List.

The Q stands for quarantine. It’s been going on since reopening, but busy practitioners will tell you it’s reached epic proportions, with no end in sight. Sometimes up to half the in-court jail list gets scratched, with no dates offered by BSO as to when an inmate will once again be transportable.

Officials in the know put the number of inmates in Q at a lower rate, at roughly one-third of the jail population. Even with a lower estimation, with a little more than 3500 humans currently incarcerated in Broward County, the numbers are staggering. With the jail cap creeping over 81%, with lockdowns and other harsh conditions in place for safety reasons, inmates who can’t get their highly anticipated day in court, and their families, are rightfully furious. The only good news is the decreasing number of positives, down from approximately 260 last week to around 160 currently, keeping in mind that, for obvious reasons, only one positive can send the Q numbers soaring.

So what about Zoom?

Currently there’s one Zoom link for in-custody’s operational, and only for afternoon negotiated pleas that will result in release. The problem, we’re told, is the movement deputies for BSO, charged with securely transporting inmates to court, are the same men and women who made the Zoom in-custody dockets work during the closures. Since they’re now tied up with transport to the courthouse, and because it takes the same number of BSO personnel to securely take a reduced number of prisoners to court as it would to take a full load, there’s no one left to make Zoom work from the jail on a large scale. The result? No court for Q.

Unfortunately, there aren’t any easy solves here, short of the judges going back to aggressively granting releases, as was common prior to reopening. A return to full closure isn’t an option, not only because it’s a bad idea, but because we’re told the powers that be weren’t happy with Broward staying closed as long as it did in the first place. Zooming from the quarantine units themselves also isn’t an option, because of the way the jail pods are laid out. It’s a very bad situation with no cross-agency solution, unless, as previously stated, the judges come up with release plans to address the problem, instead of simply resetting the Q cases, which has unfortunately been the answer so far.

Here’s what Gordon Weekes had to say earlier this evening:

BSO has to be able to walk and chew gum at the same time. They’re the largest budget item out of Broward County, and they should have the resources to run both Zoom and in-person dockets in the midst of a public health crisis. Short of BSO being able to maintain all court hearings, judges need to be prioritizing release to preserve access to courts and timely court hearings defendants are entitled to with or without a pandemic.

WAIT AND Q …

JNC DEADLINE: OCTOBER 5th

*UPDATE* SS – Former judge Tom Lynch cleared in campaign finance investigation

Miami prosecutors found no evidence that Lynch, campaign manager Michael Ahearn or campaign treasurer Megan Donahue committed a crime …

“It was a bookkeeping error that was corrected before the division of elections became aware of the mistake,” Lynch said Monday. “I’m pleased that the state attorney investigated and cleared us. There wasn’t a shred of evidence of wrongdoing.”

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JNC Announcement
Supreme Court Press Release

CONGRATULATIONS, TARLIKA!

Orange and Osceola County’s gain is Broward’s loss.

Tarlika Navarro has been appointed to maintain her circuit court judgeship north of the border, where her husband and the majority of her own family reside.

Tarlika brought a real world view to Drug Court, after years of stagnation. Let’s hope her replacement maintains the same outlook. Look for the JNC to announce a circuit court vacancy soon, although it’s up to Jack Tuter as to which judge takes over Drug Court.

Here’s what Tarlika had to say earlier this evening in response to our query:

This is a bittersweet decision for me and one I did not make lightly.  I am excited to return home to my husband and family in Central Florida.  I will sincerely miss all of my colleagues, staff and the Broward County legal community who have always supported me. 

WELL DONE!

COMING SOON Marni’s deal; Fun with the Rules of Judicial Administration …