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


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 … “


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




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


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 …


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)


Alexander Gabriel Imperato was arrested yesterday, accused of DUI and Refusal.  He’s believed to be the son  of Cindy Imperato, also accused of DUI and a Refusal up in Palm Beach (her second DUI arrest). 

The senior Imperato has yet to be replaced on the criminal bench by Peter Weinstein, with her docket being temporarily handled by Paul Backman.  Imperato is still assigned her criminal courtroom and chambers in the North Wing for the handling of foreclosure cases.  It is believed Weinstein intends to bring her back to criminal as soon as her DUI is resolved (he no commented when asked this question in the past), while Imperato has curiously been allowed to retain the death penalty case of Randy Tundidor.  Imperato recently denied a disqualification motion in the Tundidor case filed by Richard Rosenbaum, who is preparing a writ of prohibition regarding the ruling as we speak.  A status hearing is set for Thursday.

Rosenbaum was asked if the arrest and potential prosecution of Alexander Imperato would cause him to file additional pleadings in the Tundidor matter.  His response was “it may“. 

Developing …

Coming Soon – Death is Different: Has Broward learned nothing from the Gardiner/Loureiro fiasco?


The Usan Family has circulated the following message courthouse-wide and wanted to make sure the entire legal community understands how appreciative they are for the outpouring of support received over the last few days.

From the Family:

My friends, as some of you already know, my family has suffered a tragic loss. Wednesday morning, while traveling across west Texas, my parents were involved in a terrible car accident. My Mother did not survive.

Through the grace of God, my Father’s life was spared.  Under the circumstances,  he suffered relatively minor physical injuries.  He was released from the trauma center yesterday and has already been transported back to us.  The emotional injury from the loss of his lifetime love, companion, and soul mate are beyond comprehension, but the comfort of his children and grandchildren will help to begin a healing process that does not end.

On behalf of my Father and all of my immediate family, I want to thank you in advance for your thoughts, prayers and condolences.  In keeping with my Mothers wishes and beliefs, we are having a small, private memorial for immediate family members only.  We will not be receiving guests or answering messages during the next several days of mourning as we grieve together.

Rather than flowers or a memorial fund, we ask that all of you take a quiet moment to reflect on the blessings of life and to say a quiet prayer for her departed soul.

May he who ordains peace and harmony in the universe grant peace to us all.

Thank you.

The Usan family.

                            God Bless