Cancelled! – Hollywood Jay Hurley will have to get used to life outside the spotlight.  Rumor has it he’s swapping divisions with Kal Evans, after criticism concerning his handling of an Ebola faking inmate, and after a lengthy and escalating battle with Howard Finkelstein over what the Public Defender deems Hurley’s “continued refusal to appoint counsel to homeless persons arrested for violating municipal ordinances“.  It’s all documented from Howard’s point of view in this letter to Pete Weinstein today, complete with DVD’s from First Appearances.  It’s a shame things have gotten this far, since Jay has done a lot of good as Broward’s inaugural full-time magistrate judge, after Vic Tobin created the position.  Hopefully they’ll patch things up, since Hurley will still be in criminal, while Evans will be the one deciding how busy he’ll be keeping defense lawyers contracted with municipalities to provide legal services in cases which fall outside the elected Public Defender’s purview.  All right, Mr. DeMille, I’m ready for my close-up …

Speaking of legal loopholes – can BSO misdemeanor probation officers determine if a Defendant needs to report, after a judge has unambiguously ordered reporting probation?  Ginger Lerner-Wren certainly thinks she knows the answer, as evidenced by this letter to Weinstein on October 20th.  Apparently, Lerner-Wren and other judges weren’t kept in the loop when BSO adopted the burgeoning practice of “dosage probation“, which basically allows probation officers to convert reporting probation to non-reporting administrative supervision without clearing it with Weinstein or the sentencing judges.  Read the blow by blow in Ginger’s letter, and all about dosage probation here.

But when Quinn the Eskimo gets here
Ev’rybody’s gonna wanna dose …

Supa scratch – those hoping to catch a glimpse of Richie Supa, co-author of Aerosmith’s Chip Away the Stone, Lightning Strikes, and Amazing, at Gisele Pollack’s JQC mitigation-fest on November 13th, will be disappointed to learn he’s been scratched from the witness list due to a scheduling conflict.  Let’s hope it’s not another Steven Tyler relapse.  In any event, gawkers can still enjoy baseball great Darryl Strawberry’s presentation, in an event that promises to make the 17th Circuit’s all-time weird list.  And that’s saying an awful lot …

Pass the tincture, Counselor – can a judge or prosecutor use dope in states like Colorado, where it’s legal?  Of course not.  Law enforcers can’t break federal laws.  But can other licensed Florida attorneys?  That was the question posed to the Florida Bar a few weeks ago, and their answer may surprise you.

From TFB:

The Florida Bar does not currently have a position on Florida lawyers using marijuana in states where it’s legal.

Rules 3-4.4 and 4-8.4b address misconduct and could be applied depending on the circumstances of a case …

Sounds like a green light, suggesting TFB decision-making may be affected by virtue of their headquarters being downwind from the dorms at FSU …

LA Times: What California can learn from red states on prison

Prisons are for people we are afraid of, but we have been filling them with many folks we are just mad at … It makes no sense to send nonserious, nonviolent offenders to a place filled with hardened criminals and a poor record of rehabilitation — and still expect them to come out better than they went in. Studies show that placing low-risk offenders in prison makes them more dangerous when they are released …

Dead to get the Scorsese treatment too

Zeppelin loses first court battle in “Stairway to Heaven” lawsuit

7 thoughts on “THURSDAY NOTES”

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    Jay will be recruited to replace Judy Sheindlin and have the last laugh. The internet chat rooms are already buzzing and the bigwigs in LA are paying attention. So long suckers!!!!!!

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