SUNDAY NOTES

2014-50-Gen – click the link for Friday’s AO assigning judges.  It should post online Monday.  All changes were predicted, except the civil rotation.  Tuter takes over Streitfeld, Murphy goes to Tuter, and Imperato takes over Murphy.  Rosenthal gets Imperato’s foreclosures division, D. Bailey gets Feren’s family duties, Schulman takes Merrigan’s dependency, Merrigan gets Rosenthal’s old criminal division, which Levenson has been covering since Feig-Rosenthal got busted, Gold goes to Grossman probate, and Contini takes over Gold criminal.  C. Robinson has Richards’ position in south satellite.  Rumor has it there will be more changes after the February CJ election, if Weinstein wins …

Trial!Cindy Imperato stares down a Christmas jury this week, unless a last minute deal has been struck …

Miami Herald: Florida’s chief justice hunts for goof-off judges

Florida You Judge: Peter Weinstein’s act of humility

14 thoughts on “SUNDAY NOTES”

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    So if you recuse one bailey brother in family, the rotation could land you with the other one? Nothing sounds more fun than having to argue a second recusal before his brother. Great thinking Peter.

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      Mpt really with one in Circuit and one in County it is highly unlikely that if you recuse on you would get the other. There are only a handful of Family Judges, if you recuse one brother you have a 1 in 4 chance of ending up with the other one.

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    Bill Gelin reports here that The Florida Bar is asserting that it has no jurisdiction to deal with public officials who are lawyers for their misdeeds.

    Total crap.

    The Florida Bar can investigate and discipline any public official, elected or appointed, who conduct reflects poorly upon his/her ability to practice law. That is the law.

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    The Bar cannot remove the public official from office, but it can impair that official’s license to practice law. What surprises is that The Bar would be so brazen in lying about its alleged lack of jurisdiction. Utterly absurd.

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        The Florida Bar paid a judge to do it. You have no idea what you are talking about. What’s fascinating is that you are so obsessed with my disbarment that you can’t even comment on the fact that The Bar has lied about its ability to impair a public official’s law license. Of course it can. Are you able, whacko, to comment on that issue? Jack Thompson

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    Once again Jack is right on–honesty ad integrity are allegedly cornerstones of the Bar and its rules and any lawyer can be disciplined for dishonesty unbecoming a practitioner of law. RULE 3-4.3 MISCONDUCT AND MINOR MISCONDUCT
    The standards of professional conduct to be observed by members of the bar are not limited to the observance of rules and avoidance of prohibited acts, … The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney’s relations as an attorney or otherwise, whether committed within or outside the state of Florida, and whether or not the act is a felony or misdemeanor, may constitute a cause for discipline.
    RULE 3-4.4 CRIMINAL MISCONDUCT
    Unless modified or stayed by the Supreme Court of Florida as provided elsewhere herein, a determination or judgment of guilt of a member of The Florida Bar by a court of competent jurisdiction of any crime or offense that is a felony under the laws of such jurisdiction is cause for automatic suspension from the practice of law in Florida. In addition, whether the alleged misconduct constitutes a felony or misdemeanor The Florida Bar may initiate disciplinary action regardless of whether the respondent has been tried, acquitted, or convicted in a court for the alleged criminal offense; however, the board may, in its discretion, withhold prosecution of disciplinary proceedings pending the outcome of criminal proceedings against the respondent. The acquittal of the respondent in a criminal proceeding shall not necessarily be a bar to disciplinary proceedings nor shall the findings, judgment, or decree of any court in civil proceedings necessarily be binding in disciplinary proceedings.

    It seems that only lawyers claim not to be aware of this. However, this makes them fundamental liars and can so be specifically referred to as such in a court of law. Why?? Because the bar rules say so! short version:
    RULE 3-4.1 NOTICE AND KNOWLEDGE OF RULES; JURISDICTION OVER LAWYERS OF OTHER STATES AND FOREIGN COUNTRIES

    Every member of The Florida Bar and every lawyer of another state or foreign country … is charged with notice and held to know the provisions of this rule and the standards of ethical and professional conduct prescribed by this court.

    so come on all you lying lawyers–lie some more say it ain’t so!

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