The following A.O. is drawing some serious criticism behind the scenes.

A few observations and concerns:

1. Will it result in racial profiling?
2. Instead of an outright ban, why isn’t there an alternative remote system or location in place for access to courts?
3. Has this already been done anywhere else in the United States during the ongoing crisis, or in the past concerning other outbreaks?
4. If concerns are high, why not close the courts completely as Broward is cruise ship central and home to a large elderly population, if in-custody defendants can be addressed remotely for release purposes?
5. If closure is not appropriate, and if trials requiring jurors haven’t already been suspended, why not?

ADMINISTRATIVE ORDER
RESTRICTING CERTAIN VISITORS TO COURTHOUSES

NBC 6 Jury Duty ‘Hoax’ Led to Broward Courtroom 7900 Closure

“I try to work closely with county government. Ultimately the statutes give me the power to close a courthouse but we rarely do that unless we’ve talked to all of our stakeholders who work in this building,” (Jack) Tuter said. “I think people should continue to operate in the courthouse the way we’ve done in the past. If we do think there is some kind of emergency, we’re going to let everybody know. We’re going to be as transparent as we can. But until then, everyone should just conduct business as usual.”

Spam Attack reported at 3:30 PM today. Check your Spam and/or Promotions file if interested …

CLICK HERE TO VOTE

COMING SOON – More Spam!

(Disclaimer/Unsolicited Mass Communications – anyone subscribed to JAABLOG not wishing to receive blogs regarding Bill Gelin’s candidacy for BOG Seat 17/1 of the Florida Bar should immediately UNSUBSCRIBE to JAABLOG)

Brenda v. Blog is once again front page news.

But the complaint, which was received by the Bar in October, 2018, has yet to be noticed as having been submitted to a Grievance Committee (GC). Similarly, the Motion To Quash Subpoena regarding the Bar’s fishing expedition for IP Addresses they have no legal right to, filed with bar prosecutor Frances Brown-Lewis on May 6, 2019, has yet to be noticed as addressed by the Bar through either a GC or a judge in open court. The Bar, of course, is the only entity that can forward it for public hearing, something pro bono warrior John Howes has been asking for for the longest time.

By comparison, nasty-tweeting, gas mask wearing Republican Congressman Matt Gaetz, whose district is just a couple of hours from the Bar’s home base in Republican controlled Tallahassee, had his free speech bar complaint sent to a GC a mere 68 days after the file was opened, and it was dismissed with a finding of no probable cause after a grand total of 170 days.

Jay Spechler’s JAABLOG based complaint was opened on August 23, 2018, sent to a GC 191 days later, with the Bar approved consent judgement sent for Supreme Court approval roughly 501 days from the opening of the file.

As of today, Brenda v. Blog is 497 days old, with zero notice of any GC action!

Accordingly, the following PRR was sent to the Bar today, out of concerns the Bar is playing politics:

Is the Florida Bar specifically aiding and abetting Brenda Forman’s reelection campaign, or wishing not to impact said campaign pro or con, by not pursuing the JAABLOG case in normal course due to the fact it is a case of public interest, and will be litigated in open court with continued media coverage that will likely continue to put Forman in a bad light? 

 Is there any reason why the Motion to Quash Subpoena has not been addressed in open court?  Is the Bar going to sit on all pending matters until after the August election for Brenda Forman?

As you may be aware, the Forman/JAABLOG matters are today once again on the front page of the Sun Sentinel, and there are serious concerns the Bar, given the complaint is roughly seventeen months old and apparently not before a grievance committee or certainly a judge in open court, is purposely putting this off to not cause further adverse publicity for the complainant, who is seeking reelection.

The Bar declined comment, citing confidentiality rules found in section 3-7.1, which is why we’re asking for YOU TO MAKE THE CALL!

Is the Bar playing politics by sitting on Brenda v. Blog to preclude further negative media coverage for Brenda’s reelection campaign?

Should there be a speedy trial option in Bar matters?

Or is the Bar simply saving face by not acting given the strength of John Howes’ tutorial on first amendment law, and the Bar’s own precedents relating to JAABLOG?

YOU MAKE THE CALL!

COMING SOON – Who was/is Brenda Jenkins?; Bill Scherer and Marni Bryson set for depo …

SUN SENTINEL- JAABLOG AS ELECTION ISSUE

SUN SENTINEL – BRENDA CLEARED!

BROWARDBEAT – GELIN RUNNING FOR BOG

Voting is underway. I thank you if you have already voted, and ask others to click this link and follow the prompts for a PIN to complete the voting process.

In the meantime, campaign emails are going out from myself and my opponent, Jay Kim.

By far the most humorous response I’ve personally received to date is pictured below. It’s from none other than Merrilee Ehrlich, who is understandably no fan of the blog that hastened her retirement:

Interestingly, Jay Kim’s most recent email advert arrived today with the subject header Survey: Members of The Florida Bar give it the highest rating ever, and the following claim:

My efforts have helped The Florida Bar achieve its all-time highest rating from its members who participated in the 2019 Florida Bar Membership Opinion Survey. An overwhelming 82 percent of Bar members have rated The Florida Bar as an “excellent” or “good” advocate for the legal profession, the highest rating ever received for this question.

(emphasis added)

That threw me off guard, since so many members have been offering up their particular Bar horror stories to me since voting started, in addition to the usual complaints. Accordingly, I sent a public records request to TFB to see what the survey’s methodology was, and was informed thusly:

In December 2019, The Florida Bar sent an online survey link to a random sample of 3,850 in-state and out-of-state, eligible members. By the cut-off date of December 23, 2019, the Bar had received 1,022 completed questionnaires, for a response rate of 27%. This response rate is quite acceptable for this type of lengthy online survey. Although 1,022 questionnaires were returned, not all questions were answered by all respondents. Therefore, some percentages are based upon the actual number of individuals who responded to that particular question.

(emphasis added)

TFB and Jay obviously believe this methodology is sound, even with a 27% partial participation rate of a small random sample, when there were 93,061 eligible members at the time of the survey. I personally think it’s junk science, especially given the fact so many people I know are furious with the Bar, or at least apathetic, and would never bother to vote in elections, let alone fill out a survey.

What do you think? Are you happy with the Bar’s disciplinary arm practices? Are you happy with the current judicial appointment process? Do you think the Bar is doing enough to combat institutional racism and the lack of diversity on the bench? Do you think Florida’s legal system is esteemed and respected by the general public? And even if some members think the Bar is doing a “good” job, shouldn’t we be doing better?

Please review my positions here, and click this link to get your PIN and vote. Abstaining means more of the same, as my opponent enjoys institutional support, which cannot be overcome if there isn’t high voter turnout. Lastly, if you don’t like things shaken up, then please support my opponent. But whatever you do, please vote!

Bill Gelin

(Disclaimer/Unsolicited Mass Communications – anyone subscribed to JAABLOG not wishing to receive blogs regarding Bill Gelin’s candidacy for BOG Seat 17/1 of the Florida Bar should immediately UNSUBSCRIBE to JAABLOG)

CLICK HERE TO VOTE

Sorry for all the confusion, but it appears the easiest way to vote is to click the link above (or below).

Attorneys and judges with offices in Broward County are encouraged to click and decide between Bill Gelin and Jay Kim for Board of Governors. If you don’t have your PIN for voting, the link also has a prompt to deliver it so you can complete the process. The voting screen the link displays to is pictured below.

THANK YOU FOR PLAYING!

https://www.esc-vote.com/flabar/

E-Ballots are arriving, but sometimes being filtered to “Junk” or “Spam” folders. One lawyer here in court just retrieved his ballot from “Junk” and voted from his phone …

Emailed to candidates by TFB a few minutes ago:

My name is Bill Gelin, and I am running for Florida Bar Board of Governors in the 17th Circuit. If you are a lawyer or judge with an office in Broward, or know an eligible member in the 17th Circuit, please vote or urge your friends and colleagues to support change by voting for me.

Both an E-Ballot and a paper ballot will be sent out to Broward voters starting February 28th. If you elected back in January for an E-Ballot only, you will not receive a paper ballot, so please check your email and spam folders in the coming days. For those receiving both, whichever ballot the Bar receives first, E-Ballot or paper, will be counted.

These are traditionally low turnout elections, and I’m as guilty as anyone for typically placing my ballot in the trash instead of making an informed contribution. In the last contested race for Board of Governors in the 17th Circuit, only 1,289 of 7,215 eligible votes were cast. It’s now reached a point where collective apathy, mine included, has reached a crisis point.

The Bar, once a proud and respected institution, is suffering. Bar Associations are under legal assault at the national level, and many members of the Florida Bar are rooting for the opposition.

Animosity by lawyers against a Bar that’s perceived to collect dues and do nothing more has grown to epic proportions. Compounding the problem, the Bar’s disciplinary arm has been criticized by lawyers and from the bench for launching misguided investigations and prosecutions against well-respected practitioners with little to no advance research or diligent preparation. Such actions, which may support the Bar and a corresponding bar defense cottage industry, do not serve to protect the public, and are disrespectful, irresponsible, and distracting stands against lawyers who have spent their careers helping others.

Think about it. So many lawyers have a Bar horror story to tell. By example, ominous, stress-inducing, and unfounded letters requiring time-consuming responses by counsel or their attorneys have been sent to lawyers with perfectly clean disciplinary records for speaking against a judge’s reelection, for asking for a reset of a trial date when the target lawyer was facing child care issues due to a family member facing her final hours in hospice care, and just last week, inviting a private attorney into fee arbitration at the behest of a seasoned criminal defendant with mental health concerns represented by the Public Defender who falsely claimed that he had instead hired the private lawyer. These are just a few examples, but when coupled with the perception that fat cat, powerful lawyers like Scott Rothstein are politically immune from bar scrutiny until law enforcement steps in, the need for reform at the highest levels of the Bar becomes clear.

Make no mistake about it, this isn’t about going soft on discipline, but rather making the system fair, efficient, and focused to free up the resources necessary to convict and weed out bad apples, powerful or not, that give all of us a bad name.

As my colleague Michael Shelley, running for the Board of Governors in the 11th Circuit, says in his platform statement, the Bar needs transparency and consistency in the discipline process, and a shift away from attacks on constitutionally protected speech. I strongly echo his beliefs, and ask for your support as an agent for much needed change.

Lastly, a word about my opponent, Jay Kim. You may have received campaign emails from him already, or met him if he came to your office, as he did to the Broward State Attorney’s Office last week seeking votes. He’s endorsed by former bar presidents, and as a fixture on the rubber chicken dinner legal circuit, which I definitely am not, enjoys establishment support. He seemingly has plenty of time for campaign activities, while refusing to even acknowledge my numerous emailed requests to publicly debate him on the many pressing issues facing the Bar today. I believe he’s afraid, or at best reluctant, to publicly air and address the legitimate grievances and concerns of many, many members, and I hope you take his anti-transparency position into account when deciding who to vote for.

In closing, if you are happy with the status quo, then by all means abstain, or vote for my opponent. But if you would like to see real dialogue and meaningful change implemented at the highest levels, I promise to fight for fairness, transparency, and common sense reform if I am fortunate enough to be elected to represent you on the Board of Governors.

Thank you for your time and consideration.

Bill Gelin

(Disclaimer/Unsolicited Mass Communications – anyone subscribed to JAABLOG not wishing to receive blogs regarding Bill Gelin’s candidacy for BOG Seat 17/1 of the Florida Bar should immediately UNSUBSCRIBE to JAABLOG)