JQC DUI FYI

 Barry Stone (2011)

Fourth DCA alum/senior judge Barry Stone is taking over Cindy Imperato’s division full time, starting February 10th.  All hearings will be set via Imperato’s office in the North Wing, where Stone will share space with Imperato until Peter Weinstein moves her back to Criminal full time. 
Get those Motions To Suppress filed ASAP …

As far as the pending Imperato family DUI’s, there’s not much new to report.  Alexander’s is still unfiled, and Jeremy Kroll
has been retained.  The judicial DUI up in Palm Beach has been set off to March 10th, for case disposition.

Will Cindy be going to trial?  It’s anyone’s guess.  But one thing’s for sure.  The JQC is likely to take a hard look at anything that sticks to the elder Imperato, based on today’s publication of the stipulation  between the judicial police and Hillsborough County’s resident DUI judge Tracy Sheehan.

The Sheehan JQC documents are found here.  She’s agreed to a public reprimand, after blowing a .171/.161 following her first DUI arrest during a night out in Ybor City.  She did roadsides, submitted to the breathalyzer, accepted full responsibility for her actions, sought help, and apologized profusely.  The JQC categorized Sheehan’s crime “an isolated incident“.

Imperato, still only accused, refused roadsides and a breathalyzer.  She’s currently exercising her right to fight the charges.  And, according to the Sun Sentinel, this is her second DUI, after a 1988 arrest in Leon County with property damage or personal injury.  It’s unknown at this time if this is a first or second refusal.

The facts as alleged are certainly much different than those in the Sheehan matter, so the stakes could be a lot higher for Imperato than previously thought.  In the meantime, she’s still officially the judge in Randy Tundidor’s  death penalty case …

Coming SoonJose Izquierdo and Jim Lewis are throwing AG hopeful Perry Thurston a party …

Miami Herald: Kudos to Judge Sheehan who owns DUI mistake (July, 2013)

” … The judge blew.

“I had already made a horrible decision and could not compound it by playing lawyer,” she says
… “

Bob Norman’s Pulp: Judge Imperato and the Wiseguys
 (2011)



We’re all just pumping gas at Mr. Satz’s station …

Coming Soon? judicial candidates John Contini, Donnie Goodwin, and
Dennis BaileyGeneral Master Julie Shapiro Harris? …



High Times Interview: Rick Steves and Washington’s I-502 initiative

Florida SCT Medical Marijuana Advisory Opinion

Riff Raff …



Would you buy a bible from this woman?

Leon County Judge Judith Hawkins faces three month suspension (Video)

JQC Hearing Panel Findings re Hawkins

Save the Date: Barry Cohen’s Public Reprimand set for April 29th @ 9:00 AM

Colbath gives wayward Goodman juror six months

STATE OF DISUNION


Is everybody having fun so far?

We’re not.  That sickening feeling just won’t go away. 

Walk into any Broward felony courtroom, and it’ll grip you too, if you’ve got half a heart.  Damn near everyone in custody is Black, same as the folks in the pews waiting for their cases to be called.  The Drug War and other traditional factors directly linked to the proliferation of poverty in minority communities continue to take a heavy toll.  Jim Crow never died, he just learned table manners.

So keep the boo hoo hoos to yourself concerning this nasty old JAABLOG.  Nobody around here gives a wet noodle.  Those in Broward who control absolutely everything couldn’t care less about changing anything, so don’t expect things to be different from us either.  If you like to tell other people what to do, we’ll continue to hold you to the same impossibly high standards demanded of poor people who can’t even drive a car without being harassed by the cops.

Sure, you’ve got a job to do.  And some of you do it well.  But it was your choice to climb up that flag pole, where one carelessly misplaced adjudication can fall and crush an individual and his entire family’s future.  Call us old fashioned, and certainly Old Testament, since collective punishment is still the order of the day.  All of you are interchangeable, just like the case numbers that shield burned out eyes from the humanity underneath.  From Tallahassee to Key West, rest assured.  If we hear about your foible, you’ll get a star turn, guaranteed.

Your idea of the legal profession may be a bordello inspired clubhouse filled with pots of gold, guided by delightful double standards of behavior, and led by powerful apologists.  But it was never ours, and never will be.  Courage is in short supply in the face of glaring racism, seen everyday in Broward courts, and unlikely to change anytime soon.  So until that certain dream comes true, don’t be foolish enough to expect any changes around here either. 

It’s the least we can do …

Coming SoonHey Supreme Court: What’s Holding Up The Gardiner Opinion?; Why does Satz hire ASA’s who admit to prior illegal drug use?

SS: Broward-led spike in prison population

JAABLOG: How To Win The Drug War (2011)

COURTHOUSE NAMING CONTEST



                           WHO WILL THE NEW COURTHOUSE BE NAMED AFTER?
                    (Weinstein, Robinson, Ross, Diaz, and Tobin are but five possibilities)  

                          POST YOUR SUGGESTION IN THE COMMENTS SECTION

Peter Weinstein’s MLK Day message, sent via email on January 17th:

I was reminiscing with my brother on the phone this morning and we remembered when our dad, who was then a State Assemblyman in New York traveled to Washington to attend and support Dr. King’s march.

I remember him telling us all about Dr. King’s speech and its importance to advancing civil rights in our country. As we prepare to celebrate Dr. Martin Luther King day, please take time to remember the purpose of this observation and how we, as the judicial branch can continue to advance equal justice for all who appear in our courts and honor Dr. King’s legacy.


Coming Soon – the 17th Circuit spent how much on senior judges in 2013?

CNN – Why are lawyers killing themselves?

 “Being a physician has stress. However, when the surgeon goes into the surgical suite to perform his surgery, they don’t send another physician in to try to kill the patient … “

ATTENTION FLORIDA BAR

We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages Federal Court of Appeals Opinion.

A panel of 9th Circuit judges rules that bloggers have the same 1st Amendment protections as traditional news media … Los Angeles Times.

Will this have any bearing on the Florida Bar’s restrictions on attorney speech?  And will a lawyer be able to bypass Bar rules by starting his/her own blog?

Will Rumpole and Captain now reveal their identities?

Stay tuned …

TFBN: Searcy Denney challenges Bar advertising rules in Federal Court

Dan Lewis on possible opposition for Debra Stephens

HAPPY BIRTHDAY, DR. KING



WITH LOVE,

BROWARD COUNTY

Coming Soon – are 17th Circuit judges tacitly encouraged to send people to prison to ease county jail overcrowding?

WEDNESDAY NOTES

Incredible shrinking story – the Sun Sentinel published an update on the Randy Tundidor death penalty case online earlier today.  Unfortunately, you can only read the truncated story now, because all references to Alexander Imperato’s recent DUI arrest have been deleted. 

Originally there was some detail concerning the allegations of the younger Imperato’s case (PC says he blew .000/.000, but refused to provide a urine sample), and a quote from Richard Rosenbaum as to whether or not a second DUI defendant named Imperato would have any bearing on his ongoing efforts to get Tundidor a new judge.  But if you blinked, you missed it, because the full story was scuttled soon after publication.

It’s all very curious.  As has been pointed out in the Comments Section, the Sentinel had no problem running stories  concerning the DUI arrest of the daughter of Mary and Mike Robinson, both Broward judges.  Of course, a death penalty conviction wasn’t on the line, and neither of the Robinsons’ careers were in jeopardy, like Imperato’s is at the moment.  In any event, since news of Alexander Imperato’s DUI broke on Tuesday, the Sentinel still hasn’t run the story, unless you count today’s embarrassing take-back.

In an effort to find out what happened, we contacted the article’s author Rafael Olmeda, who declined to comment (surprise).  And having learned back in November when battling over a credit beef that it’s next to impossible to get an editor on the phone to explain anything, we quit trying.

There you have it.  Imperato stays on Tundidor unless a higher court intervenes, and the Sentinel gets added to the list of those who apparently haven’t learned anything from the Gardiner/Loureiro fiasco …

Brannon v. Finkelstein appeal update – “Forensic psychologist Michael P. Brannon appeared to have an uphill climb convincing the Eleventh Circuit on Wednesday that a lower court wrongly rejected his claims that a Florida public defender had retaliated against him over testimony he gave on behalf of a judge …” (from Law360 (register for free trial subscription)

Florida Bar Website Problems – still clicking over to a Network Solutions This Page Is Under Construction – Coming Soon! site featuring ads for restaurant equipment as of the time of this post.  Did someone forget to pay their bills?

Hitler spotted in Broward County

DBR: Weinstein lobbies for “ceremonial hall” courtroom in new courthouse

Rumpole/Captain on Judge DavidKW (excellent comments)

Above The Law on Judge DavidKW

“We checked to see if Audlin could be found on any other social networking sites, and lo and behold, he’s apparently on Facebook, wearing the same shirt seen in the Manhunt profile picture featured above …”

 What else should I say, Everyone is gay …

LET’S GET SWEATY!



Ever wonder if your Chief Judge is well-endowed?  Or circumcised?  Well, if you happen to practice in Key West, we may be able to help you.

The above snaps are from dating sites including Manhunt, posted by “DavidKW“, who bears a remarkable resemblance to David Audlin, the current Chief Judge of Florida’s 16th Judicial Circuit.

Messages to Audlin’s office asking him to confirm/deny ownership of the postings weren’t returned by deadline.  Alas, other questions we also posed via his judicial assistant and voice mail referencing the Judicial Canons remain unanswered as well. 

In any event, judges are people too.  Dating sites are A-OK in our book.  But, does it amount to an appearance of impropriety for a judge to advertise his gavel length and width, or fudge on the “What I do” bio section by stating “Attorney“?  And since Key West is a small town, shouldn’t everyone be on notice if they’re hanging with a judge, to avoid the surprise of a lifetime if they ever have to go down to the courthouse?

More unchartered terrain courtesy of the rapidly expanding world of social media.  And there won’t be a clear answer unless the JEAC weighs in.  So, for now … you make the call!

*UPDATE* – Audlin’s JA stated at 2:40 PM that the judge has “no comment” after we called to see if he had reviewed this post …

” … a one-county problem.”

SS: Broward-led spike in prison population requires look at non-violent drug crimes



” … Senate President Don Gaetz, R-Niceville, had another explanation (for the prison spike) Broward County.



With a new sheriff and judges, the lawmaker said it appeared the crackdown was driving up the statewide increase.



According to state economists, Broward led the state increase in new prison commitments in the 2012-13 fiscal year, with new commitments increasing from 1,684 prisoners to 2,182, a 29.6 percent spike.



That trend was continuing in the 2013-14 fiscal year, with Broward leading the state in the number of new prisoners it produced.



“The problem is Broward County,” Gaetz said. “It’s not a statewide problem. It looks like it’s a one-county problem.” 



What do you think is the problem?  The judges?  The Sheriff & SAO?  Or the PD/Defense Bar?



Post a Comment, And Help Right A Wrong …



Rumor of the DayDorian Damoorgian retiring from the 4th DCA?  A call to his office Tuesday asking for confirmation/denial has yet to be returned …

Coming Soon – Does Debra Stephens have an opponent?; Peter Weinstein wants another term as Chief Judge;
Has anybody seen Relief 1?

PB Post – Samantha Feuer first to file for retiring Chernow Brown’s seat

SFL: Attention Jack Thompson (Tobkin ruling)