TUESDAY NOTES

No Masks! (aka Ready For Trial?) – vaccinated individuals are no longer required to wear facemasks in the courthouse, according to Administrative Order 2021-62-Temp, issued today, and effective November 1st. The AO also prioritizes the order in which cases shall be heard by a jury …

AO 2021-62-Temp
“Don’t Trump my Florida”

Jim Lewis runs for Florida Attorney General – perennial candidate Jim Lewis is at it again, this time taking on Ashley Moody. The paperwork for “the Not-Trump Candidate” should appear over at the Division of Elections soon …

IN RE: AMENDMENT TO RULES REGULATING THE FLORIDA BAR–RULE 3-7.18

Jump? How high, you say? – dealing with the Florida Bar when complaints by judges are at issue just got a lot more difficult. The Bar, already notoriously gun-shy when it comes to disposing of grousing by robed complainants, is now subject to the above-styled new rule, which becomes effective on December 20th.

We’re told some judges, of the type who would involve the Bar on matters that are hardly egregious and could easily be settled man to woman, woman to woman, or any combination thereof, have been lobbying for more control over the attorney discipline process. Apparently, for some of the thinner skinned members of the judiciary, too many cases brought by judges have been dropped over the years, resulting in judges now being codified as Super Complainants. Judges’ traditional tools of being able to cajole, pressure, and unnerve bar counsel are now greatly bolstered by a seemingly limitless appeals power in the event a referral is deemed unfounded, in an arena where the Bar is already scared of its own shadow. Read all about it by clicking the link above, and ask yourself why Bar brass would go along with such a quirky amendment, particularly when members of the general public will forever remain more vulnerable to attorney misconduct than any judge could ever be.

Of course, the law is still the law, and due process, or whatever it’s called in Bar proceedings, remains essentially the same at the outset of a judicial complaint. It also remains to be seen if the creation of a special class of litigant will pass Constitutional muster. In the meantime, however, observers are concerned that other cherished legal principles like stare decisis will also be cast to the wind, with judges being allowed to re-file and re-litigate previously disposed perceived slights with the specter of new Rule 3-7.18 looming over hapless bar counsel.

Lastly, what say the JQC? Will the Bar lobby to re-classify judges and attorneys Super Complainants when calling out allegedly misbehaving jurists? Will a transparent and exhaustive JQC appeals process be implemented similar to the one judges now enjoy with the Bar? Or are accusations of judicial misconduct less concerning to the powers that be than those concerning attorneys?

Wait and see …

(Platitude courtesy of the Florida Bar)

Fun With The Rules of Judicial Administration – rules are always a wealth of information, if sometimes ignored.

For instance, did you know, in the absence of a lawyer being set for trial, it’s up to the judges to resolve a busy lawyer’s daily schedule conflicts amongst themselves, and not an added burden on the attorney, as is generally perceived?

Rule 2.550 addresses the issue of the scrambling, sought after attorney, apparently an issue for impatient judges since the Rule of Law was implemented, or at least since the Sixth Amendment Right of Choice of Counsel became a thing. The problem, of course, is there doesn’t seem to be a procedure in place in the 17th Circuit that anyone’s aware of to guide lawyers on where to send their emails pursuant to 2.550 (c), or a system for judges to resolve scheduling conflicts after being noticed.

Once upon a time there was a 17th Circuit administrative order (AO) that prioritized court appearances by rank, specifically 1. Federal/2. Circuit/3. County, but that AO seems to have been retired, because even though it made things easier, it probably hurt the county judges’ feelings. Without it, and without a system in place in accordance with Rule 2.550 (c), lots of ticked off judges often sit around waiting for much busier lawyers, at least in the criminal division.

It doesn’t have to be that way, of course. And since we’re always here to help, instead of addressing the elephant in the room by asking how it’s possible for some lawyers to be a heck of a lot busier than many of the trial-less judges at, say, 11:00 in the morning, we’ll instead take the lead and gather up the appropriate email lists for publication that can make Rule 2.550 a reality in Broward County …

126 thoughts on “TUESDAY NOTES”

      1. 2

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        It’s $75.00 an hour.
        County = $156k per.

        Circuit = $165k.
        $79.00 an hour.

        This assumes a 40 hour work week.

        Compare to a 1st year associate at a national firm @ $205,000 per. $98.00 an hour for 40. To factor in the extra hours a 1st year has to work, then a Judge working a full 40 hour week makes about the same as a 1st.

        The pension is nice for Judges.

        The bonus for a 1st, upwards of $60k annually, is nicer due to the time value of money. The hours are definitely hard though.

        I think Judges who are lazy should be removed.

        But I think Judges who work hard are deserving of the title “Your Honor” because the pay is a joke for a professional in this day and age.

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          I think the stupid ones should be removed.
          Lazy smart ones get through dockets quickly.
          Counts for something.

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          Six figures doesn’t mean anything anymore. It’s no longer the era of pogs and TiVo. 1998 called and wants its salary back.

          If you make less than six figures as an attorney in south Florida, you’re being abused. Period.

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        BOBBIE IS AN UGLY BIG BELLY TURD. HIS DIZZY WIFE NEEDS A FACELIFT AND A FASHION MAKEOVER. HER CLOTHES AND SHOES ARE WAY TOO OUT DATED.

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    Billy boy, if you provide a link to the rules, please make sure it is a link to the most recent version of the rules, not the 2018 version. These rules are now called “Florida rules of general practice and judicial administration” and were last amended in July of 2021.

    1. 5

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      You might also want to look at this: https://www.flsd.uscourts.gov/resolution-regarding-state-federal-calendar-conflicts

      The feds still rule, after all there is the “Supremacy Clause” in the Constitution
      :
      “Resolution Regarding State-Federal Calendar Conflicts
      Resolution of the Florida State-Federal Judicial Council Regarding Calendar Conflicts between State and Federal Courts
      WHEREAS, the great volume of cases filed in the state and federal courts of Florida creates calendar conflicts between the state and federal courts of Florida which should be resolved in a fair, efficient and orderly manner to allow for judicial efficiency and economy; and
      WHEREAS, the Florida State-Federal Judicial Council which represents the Bench and Bar of the State of Florida believes that it would be beneficial to formally agree upon and publish recommended procedures and priorities for resolving calendar conflicts between the state and federal courts of Florida;
      NOW, THEREFORE, BE IT RESOLVED
      In resolving calendar conflicts between the state and federal courts of Florida, the following case priorities should be considered:
      1. Criminal cases should prevail over civil cases.
      2. Jury trials should prevail over non-jury trials.
      3. Appellate arguments, hearings, and conferences should prevail over trials.
      4. The case in which the trial date has been first set should take precedence.
      5. Circumstances such as cost, numbers of witnesses and attorneys involved, travel, length of trial, age of case and other relevant matters may warrant deviation from this policy. Such matters are encouraged to be resolved through communication between the courts involved.
      Where an attorney is scheduled to appear in two courts–trial or appellate, state or federal–at the same time and cannot arrange for other counsel in his or her firm or in the case to represent his or her client’s interest, the attorney shall give prompt written notice to opposing counsel, the clerk of each court, and the presiding judge of each case, if known, of the conflict. If the presiding judge of a case cannot be identified, written notice of the conflict shall be given to the chief judge of the court having jurisdiction over the case, or to his or her designee. The judges or their designees shall confer and undertake to avoid the conflict by agreement among themselves. Absent agreement, conflicts should be promptly resolved by the judges or their designees in accordance with the above case priorities.
      In jurisdictions where calendar conflicts arise with frequency, it is recommended that each court involved consider appointing a calendar conflict coordinator to assist the judges in resolving calendar conflicts by obtaining information regarding the conflicts and performing such other ministerial duties as directed by the judges.”

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      I think they had to humor them. I also think it’ll decrease judicial complaints. I think with the whole of the Governors and Supremes being asked to review it will cause pause. A Judge never wants to be seen as losing control. Or being a baby. Looking stupid to colleagues/superiors is not a good career model.

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        It’s not necessarily a bad thing. The taking away of discretion. The Bar is seen as incompetent. It matters when serious issues arise. President Tanner and Executive Director Doyle should be commended for taking strong steps. Judges see things first hand. In a serious matter it shouldn’t be left to a bunch of low-paid bunglers with zero oversight as has been the case for too long.

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        Ran a controlled, always orderly courtrooms. No Talking anywhere inside Maximum Dan’s lair; and you’d better believe it.

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      Poor Jim. The guy has run for more public offices than a can contains baked beans. Living off the dole at public expense ain’t worth the effort for the doe you get. Call it a day, would ya.

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      I thought it was Jimmy (Johns) Stewart Swaggart-Lewis. Has appeal to at both sandwich and condo board electoral base.

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    Let me get this straight. An attorney can rip off a client and beat a complaint without the same appellate remedies a Judge gets???

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    How about judges having to come clean and make public that they filed the complaint, instead of remaining the monkey behind the curtain ???

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        It took 10 years of untold dismissed JQC complaints before one minor one got her busted, and she assisted her demise by blatantly lying to the S. Ct about it. Other complaints identified specific felony criminal conduct that went ignored and lied about by Brooke Kennerly, when dismissing. Gardiner needs to be in prison for the rest of her life and every singls case she sat on in the 17th as well as a “guest” in the 4th while neglecting her official resposibilities at the trial level.

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          Yes Gardiner should be in jail and ALL of her cases should be reviewed but that will never happen. The entire defense bar sat back (or was fucking her) and said nothing while they knew she was unethical. If not for Alu she would still be reigning terror.

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          A minor one? Do you mean fucking the prosecutor during a death penalty case and talking about the case in a restaurant with the prosecutor was a minor one? You got to be fucking kidding me? The defendant was sitting on death row

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              Some Broward Judges seem to abide by the motto: “Keep your hands cleans and your mind dirty”
              The ones that are still around …

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                She lied – She cried – Her Judicial Career forever bellyflopped. Then she disappeared with somebody else’s husband.
                The obvious psychosis exhibited by some Broward Judges boarders on lunacy when it comes to hypocrisy, dishonesty and arrogance.
                The only thing she got away with in the end was her pension. Go figure.

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            The conduct infraction was a minor one relative to other Rule and Felony violations, even though the consequences of it were major.

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              There’s probably lots of people rotting in prison still because of the excesses of this rotten Judge and disbarred Attorney.

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                No, its more like the unhappy ones are insecure people with no money or self esteem but lots of power.
                They try to knock around successful people because it makes them feel better about themselves in a twisted way.

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                  Anonymous said…
                  Judges don’t like zoom because they became a judge because of how it feels for everyone to stand when they glide into a room and that doesn’t happen on zoom. Lawyers aren’t wearing suits and ties. Defendants are playing video games as they wait. It makes the judges realize that they are not super special brilliant people but just workers on an assembly line processing the product. They want to disrupt the lives of lawyers and litigants ( not Hanzman but that’s because he’s comfortable in his own skin having been successful in private practice) by having them drive and park just to see them. Zoom makes them feel Average and they are not average. They are special. Chosen by a higher power because of their brilliance.

                  Wednesday, October 27, 2021 8:45:00 AM

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                  100%. They think they are seen as ‘important’ in court but in their personal lives they are nobodies with shitty lives that no one would want. Do any of them think that we actually take them seriously outside of the 4 walls of the courthouse and their mediocre salary?

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                  Its amazing. One day a loser with no practice is a loser. The next day they can become a Judge. A day after winning an election. Or smooching up to a politician. Then they decide what’s professional. It’s so stupid.

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      This DB got just what he deserved when he was kicked to the curb by voters, as just another Broward Judge in a long line of them that thought they were anything but dimwit referees in a drama way over their heads. Let real lawyers do their jobs and keep your yaps shut, a lesson any number of them have had to have drummed into their arrogant heads after getting run against and knocked out of office.
      Good judges keep their yaps shut and heads down if they want to stay on the bench for long around here.

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      Now Destry the nobody hands out stale Andes to the few kiddoes that come by on Halloween in the retirement condo village he lives out.

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      It seems odd to have an appeal route to The Supreme Court early on when they ultimately are passing on the whole case?

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    Parkland gunman cannot rely on system failures in fight for his life, judge rules

    “She [the judge] is on dangerous ground,” said former assistant public defender H. Dohn Williams. “When a defendant’s life is on the line, anything that sheds light on his state of mind is relevant. I don’t see how the defense can be blocked on this one.”

    Former prosecutor Ken Padowitz agreed. “Shouldn’t a jury hear all of the potentially relevant evidence when deciding the ultimate punishment?” he asked, calling the ruling “fraught with peril.”

    https://www.sun-sentinel.com/local/broward/parkland/florida-school-shooting/fl-ne-parkland-gunman-third-party-negligence-ruling-202110story.html

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      NO, according to satz, raft and the 4th DCA, defending appeals and post-convictions grounds raising it. The just simply ignore, omit and refuse to consider “all” the merits and lie about the rest.

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    Satz doesn’t care about an appeal. He will be long gone. Pryor better take notice though. This is his decision.

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      Why would Mike ask for this. I understand at the trial stage; but why for the penalty? Isn’t it better to keep it as clean as possible out of respect to the families?

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        Don’t forget Anthony Caravella, John Purvis, and Christopher Clugston who didnlt die, but were destroyed by one single scumbag traitorist ex-marine officer Satz prosecutor.

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    Pryor doesn’t make any decisions on his own except bad ones and favors for his campaign donors. Do any crime you want just make sure to hire one of Harold’s campaign donors!! Oh and ASAs be careful not to piss off one of his defense buddies or you’ll be shown the door. No corruption is this office…oh wait they don’t have anyone left at the SAO now that he fired Donnelly to investigate public corruption . Now I wonder why Harold would want to make sure he has an idiot running public corruption unit?

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      you can get some awesome plea deals if you’re his buddy in sexual battery unit too. Got to love justice and criminal justice reform.

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    This is Pryor’s out. To get rid of Satz and company. Will he seize the moment. Or will he continue to be a coward and not stand up to Satz. He campaigned so much of an outsider. Time to step up.

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    Pryor is a big disappointment, but I’ve got to say I really didn’t expect much else from this guy. He’s being told what to do by other political pimps, at least one of which is a former judge. Its easy to guess who it is because she’s never been able to keep her ego driven mouth shut about anything.
    To expect anything else from him is to ignore the way politics work in Broward. These are not the best people for the job, just hacks looking to stay in office and on the public tit for as long as they can and in the interim dole out favors to those that either worked on their campaigns or might be useful in the future in their continuing political plight.
    These are not political figures that have ever been known for their legal acumen or business successes, or leadership qualities.

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      Exactly. The reason being Broward is run by Democrats. Who cares if you are qualified, we liberals return favors and could care less about results.

      When push comes to shove we’ll just blame the conservatives.
      It’s already in the works. The left is going to give you another unqualified person soon. Her name is Harris.

      The left is going down, but not before they RAPE this country.
      They totally ran this country the first hundred years or so, NO MORE!

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    The last thing we need is ever having another Weinstein occupy any public office. His father was bad enough.

  10. 0

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    Next month Odom swears in and nobody will ever remember I existed except for the people I sent up the river but what that really means is I still have 30 days to make your lives miserable and that’s exactly what I intend on doing so buckle up your seatbelts.

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        All the schmucks who were elected in 2016- and given the list, seems like easy pickings for whoever would want the shitty pay with little respect. Barner? Please.

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          Shitty pay is better then no pay pal. Maybe you could advertise on Craigs List? One desperate attorney needs work, will work cheap, I’m a very religious person and I will pray hard that you pay me. For more information call 1 800 desperate loser. Call now and your first consultation is free.

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      If being a judge is so low pay and degrading, why is it that every time there is an opening a great many of you jump in the race? Could it be good pay, great benefits for life and only a few hours a week? Most lawyers have to sit and hope the phone rings with a person needing a lawyer, you spend endless hours on the case, pay your own benefits then pray your client pays you.

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        Every time there is an opening- a lot of unsuccessful lawyers (and some government lawyers) do put in. But is that what you want to measure yourself by? If that is all you aspire to in life then- ok. There is nothing wrong with wanting an easy life that is mediocre. All we want (as attorneys) is judges that treat lawyers and litigants well and don’t expect to be treated like royalty (because they aren’t). But to brag about low hours shows how little you think of the profession.

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          Low hours shows how much YOU don’t know about the profession. No judge in the history of law ever sits on the bench 40 hours a week 52 weeks of the year.

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            It seems like they should be reviewing briefs and motions and reading case law. But I imagine that doesn’t apply to county court judges. But if they have such a backlog of cases- shouldn’t they be working more hours? I mean all they are is public servants. Why don’t they serve the public. But the point was- the person above bragging about judges barely working isn’t doing the profession any credit. Makes them look lazy and bad.

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              They work the hours of any other judge in the United States. I have never seen any judge in any court system work a 40 hour week. You must be jealous since you keep posting about them. Are you one of those lawyers waiting for the phone to ring?

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                No. But most judges I have seen (mostly in federal court) all seem to be working (even when not on the bench). But ok. I guess state judges don’t work very much. Then they shouldn’t complain about the terrible pay.

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                  They are not the ones complaining constantly, it’s the lawyers on here that must be jealous or you wouldn’t be going on and on endlessly about them. If a judge knows the salary before they run and still wants the position then that’s their business and none of yours. It’s simply ridiculous how not one person is good enough for some of you. If you’re so great run for office or keep your mouths shut.

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                    I agree. It’s their choice to be public servants. There are some good ones and some bad ones. The bad ones are the ones that act self important and brag about how little they work. They chose the low pay. Some did it for altruistic reasons. Most can not afford to take a steep pay cut it takes to be a judge. If they want a higher caliber candidate they need to pay more than what most lawyers can make straight out of law school.

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                      Let’s talk about pay cuts. How many lawyers have gone under in the last year and how many have had to lay off staff and down size. The average lawyer is not making much money per year these days since lawyers are a dime a dozen. A lot of people may need a lawyer but how many have the money to pay one?

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                      Actually- most law firms are hiring now. There is a high demand for lawyers. I don’t know where you are getting your information but most law firms across the country are hiring. I do agree-a lot of sub par lawyers run for judge because making that salary is better than nothing- but we also have some good judges that I think do it to be of service. Some judges are independently wealthy or have a wealthy spouse and can afford the low pay. I’m not sure if judges make more than garbage men- but they should. We will get better judges if we pay them a living wage.

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