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THURSDAY NOTES

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 Claudia Robinson!

Blacks Need Not Apply? -
all eyes on both the Federal and State JNC's to see if the appointment process is as biased against Black lawyers as many observers think it is ...

The Florida Blog - apparently somebody over at Jose Izquierdo's office took notice of last night's post concerning his website, since Izquierdo is no longer billing himself as "the go-to lawyer for local news channels ABC, NBC, CBS, and Telemundo".  The boastful language has been substantially toned down, changed to read"(h)is in-depth knowledge of Florida’s criminal laws has afforded him much success, including being featured on local news channels ABC, NBC, CBS and Telemundo".  Keeping it real, y'all ...

Ouch! - Marc Gold doesn't appoint Michael Brannon anymore, and it has something to do with an affidavit that we just have to get our hands on.  The following statements occurred in open court on Tuesday, in the case of State v. Ivory

THE COURT:  I want on the record that I do not appoint Dr. Brannon. (11-12)

THE COURT:  I want on the record regarding a false affidavit -- that he lied under oath.  Go ahead. ... (14-15)

We've got the transcript, and you can have it too, after it's redacted for reasons not related to Gold's statements.  In the meantime, any guesses as to the subject matter of the affidavit in question?

Coming Soon - Bar & JQC Salaries; Summer's Almost Gone ...

NYT: In California, a Champion for Police Cameras

Billy D's guest this week ... Bob Norman! (video)



                            Norm Kent with Stuart Milk
    Founder and President of
The Harvey Milk Foundation


SUNDAY NOTES

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 Miami in the House!

JAABLOG Trivia
- Q1: What circumstances would necessitate Gentleman Eric Hendon spending last Friday afternoon on Special Assignment in Broward County for, of all things, a 3.850?

A1: When the lawyer in the hot seat is now a Broward judge, of course.  The case is State v. Marvis Johnson, and the lawyer/judge was/is Matt Destry.  The ineffective assistance of counsel allegations are still sketchy at this time, but we'll be sure to follow-up with a later post ...

Q2:  What Broward circuit judge did Hendon work with back in the day at the Dade Public Defender's Office?

A2Michele Towbin-Singer.

Thanks for playing!

Paul Backman calling Part Deux
- everybody knows about Backman calling Howard Finkelstein concerning the Gardiner transcripts when he was still an active member of the JQC.  And everybody knows when we asked the judge whether or not it was true, he didn't deny it.  Naturally, people are now wondering if there were other JQC cases involving Broward judges that Backman may also have inappropriately involved himself with, and whether the JQC knew anything about the Gardiner issue or any other instances of concern.  Of course, JQC secrecy rules will make getting answers harder than solving a riddle, wrapped in a mystery, inside an enigma, but that doesn't mean the questions shouldn't be asked.  In fact, it's imperative that they're both asked and answered, JQC confidentiality be damned.  After all, public confidence in the judiciary cannot be maintained if the judicial watchdog agency has been compromised, so hang on for what's sure to be a bumpy ride ...

“We’re gonna have to lien ya” - JAABLOG first reported on the growing Strawman movement back in
2011  and 2012.  Now The New York Times ran this piece Friday, detailing the methods of "paper terrorism" employed by sovereign citizens in their war against "the false government".  Pretty scary stuff, as the Broward judges who have had to deal with illegal liens filed against them in the past can attest.  Presumably also scary stuff for the Bar, since it will likely kill them to have to admit lawyers can be reporters too.  Anyway, the movement is definitely growing, so make sure to check your credit histories regularly ...

To disqualify, or not to disqualify? - as Bar v. Blog inches its way toward trial, we're starting to think about potential disqualifications, both now and down the road.  Certainly we like having an unbiased local Grievance Committee, hopefully familiar with JAABLOG's role in the Broward legal community and reputation for being "the crystal ball of the courthouse".  But we don't like calling assigned Bar prosecutor  Navin Ramnath and having to deal with Chief Branch Discipline Counsel Adria Quintela, who certainly never took our calls before the witch hunt began.  Sure, Ramnath is a Bar newbie, but why all the special interest from Quintela?  A real head scratcher, for sure.  In any event, we're checking with the Bar in Tallahassee to see if Quintela has any special relationship to Gardiner beyond her role as former supervisor to Juan Arias, or with Bobby Diaz, star of many of the articles cited by the Bar in their complaints.

Next up for consideration is none other than Supreme Court Justice Jorge Labarga.  Long time readers may remember he starred on the blog many moons ago, stemming from some inappropriate comments on the record about Gary Kollin specifically, and hard charging lawyers in general.  If Bar v. Blog eventually has to be considered by the Supremes like Sean Conway's case was, we don't think Labarga should be weighing in.  Even if the JQC ultimately decided not to find probable cause regarding the statements publicized by JAABLOG, it doesn't change the fact he meant what he said.

From the Kollin transcript:

And, even when he’s winning, he likes to do that. And, uh, you know, I really don’t understand. Because when you pick a fight with a judge; ultimately you are going to lose. Not today, but five years from now, ten years from now, six years from now, that judge is going to remember you, always, always.

And, you know, when you do -– there is an old saying that if you go after a judge, you better kill him. Because, like I said, it’s true. You might win your battle today and I might lose it and do a direct contempt completely wrong because, I lose, I didn’t ask the right questions and it might reverse me and he would go after me right now. But, you know, five years from now, he may have an attorney’s fees hearing in front of me, he may have this in front of me and you are always going to remember those guys. I don’t know why they do that. I really don’t understand why lawyers do that.

But, he’s very combative. I have to be honest with you; I wish I had kept that case because he would have been fun. (chuckle)...

After reading that, we'd have to be crazy not to disqualify Labarga, right?

(Click here for the original Labarga v. Kollin article, and click here for the JQC's 2009 "No PC" letter)

Coming Soon - Trinci's Folly: Why 95 and the Sawgrass don't meet ...

    

Jim Morrison on his upcoming trial:

"I might even buy a suit, you know, to make a good impression ... Kind of a conservative dark blue suit ... I think I'll get a suit, and take a lot of tranquilizers, and just try and have a good time.  Maybe I'll keep a diary of the whole thing and publish it in Esquire ... my impressions of my hanging." (The Village Voice 1970)

Thank You Mask Man

WHAT DID BELANGER SAY?

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 Bad day on the bench, or par for the course?

The Fourth DCA recently came down hard on the 19th Circuit's Bob Belanger, for ragging on a lawyer outside the presence of the jury.  It's an important case, since any lawyer can tell you how a badly behaving judge can negatively impact the lawyer/client relationship, particularly during stressful substantive proceedings.

FromRebecca Ann Caldwell v. State:

Appellant complains that the trial court’s comments to defense counsel during his cross-examination of the state’s witnesses improperly abridged her constitutional right of confrontation/cross-examination and amounted to fundamental error. We disagree ...

We do not repeat these remarks, because we do not wish to memorialize them in this opinion. However, we do not condone them. In our view, the trial court’s remarks to defense counsel during his cross examination were undignified and inappropriate. See Fla. Code of Jud. Conduct, Canon 3B(4) (2012) (“A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity. . . .”). As the Michigan Supreme Court explained:

Pert remarks and quips from the bench have no place in the trial of a criminal case, do not comport with judicial dignity and the injurious effect of such, though thoughtlessly uttered, may prove exceedingly damaging to the party entitled to a fair trial.

The accused had a right to be represented by an attorney and have the attorney treated with the consideration due such an officer of the court and belittling observations aimed at the attorney are, necessarily, injurious to the one he represents.

People v. Neal, 287 N.W. 403, 405-06 (Mich. 1939) ...

Going so far as to publicly chastise a lower court judge, and to cite a Canon they obviously believe was violated, is an extraordinary step by an Appeals Court, and obviously a big problem for Belanger given the reporting requirements of Canon 3(D)(1).  And now that Belanger's news, we here at JAABLOG want to know more about him.  Please drop a comment if you have any insights, or what it was he actually said to get him in hot water in the first place.

Enquiring minds want to know ...

                                    (Thanks to Dear B.G.)

THURSDAY NOTES

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The Fed listcourtesy of SDFL, here are the interviewees for two open Federal judgeships:  Beatrice Butchko, Jack Tuter, Jr., John Thornton, Jr., David Haimes, Thomas Rebull, Mary Barzee Flores, Martin Bidwill, Daryl Trawick, Jeffrey Colbath, Darrin Gayles, Robin Rosenberg, Migna Sanchez-Llorens, Meenu Sasser, Veronica Harrell-James, Beth Bloom, Barry Seltzer, Peter Lopez.  Interviews are September 17th ...

Bullies on the Bench - click the link for Douglas Richmond's 2012 Louisiana Law Review article dealing with everybody's favorite topic (at least around here) ...

Mystery Solved? - remember the affidavit Marc Gold referred to when he refused to appoint Mike Brannon?  Well, we think we've solved the mystery.

To refresh your memory, here's what Gold said in open court last week, after Brannon's name came up on a court appointment registry for psychologists:

THE COURT:  I want on the record that I do not appoint Dr. Brannon. (11-12)

THE COURT:  I want on the record regarding a false affidavit -- that he lied under oath.  Go ahead. ... (14-15)

At the time, rumor had it the mysterious affidavit had something to do with a conversation Gold and his wife Barbara Heyer had with Brannon at the late, great Stanton Kaplan's funeral. And now there's this transcript  from a Sentencing Hearing shortly after the funeral, containing an Affidavit by Brannon concerning just such a conversation, which may explain how the dispute arose.

It seems Heyer had tried a case up in Palm Beach before Steve Rapp, with Brannon appearing on behalf of the State, testifying as to the accused's mental capacity at the time of the crime.  Long story short, The Gold/Heyer's believe Brannon raised some serious concerns at the funeral regarding the Defendant's mental state during trial, which Heyer believed had to be addressed by Rapp. 

After the parties were notified as to the issues presented, the Affidavit was sworn to by Brannon on the morning of the Sentencing Hearing memorialized in the linked transcript, which contradicted what the Gold/Heyer's believed they had been told at the funeral.  Gold then appeared with Heyer as a stand-by witness at the Sentencing Hearing later in the day, in opposition to Brannon's statements in the Affidavit
From page 546 of the transcript, lines 16-20:

Ms. Heyer: I received an affidavit this morning from Mr. -- from Dr. Brannon that does not comport with that conversation. Judge Gold is here solely for the purpose of testifying to what he recalls Dr. Brannon stating.

Unfortunately, Rapp refused to allow testimony by Gold or additional testimony by Brannon, and the rest, as they say, is history. 

We may have got some of this wrong procedurally, so be sure to read the transcript and Affidavit, which can be found on page 13 of the PDF (after page 553 of the transcript).  There's no question there's some type of serious factual dispute going on, made all the more interesting due to one of the parties being a well-respected, long-standing circuit court judge.  And it most certainly seems to be what Gold is referring to in last week's transcript, unless there's yet another highly entertaining Affidavit floating around out there authored by Brannon concerning Gold and Heyer ...

Coming Soon - Scheinberg in the House; What Belanger actually said, and did ...

BBeat - "Vagina Justice" (JAABLOG)

29 APPLICANTS

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Twenty-nine hopefuls are vying for the county court seat vacated by the promotion of Stacy Ross to circuit.  The list is a mixture of old and new.  The JNC will pare the list down on Tuesday, and interviews should be held Monday, September 23rd, at the Broward County Bar Association.

The applicants:

Roshawn Banks, Garret Berman, Mari Blumstein, Kelly Charles-Collins, Haccord Curry, Paul Eichner, Phoebee Francois, Susan Hugentugler, Jorge Hurtado, Doreen Inkeles, Daniel Kanner, Marian Kennady, Natalie Knight-Tai, Ernest Kollra, Kal Le Var Evans, Samuel Lopez, Giuseppina Miranda, Robert Nichols, Michelle Ricca, Abbe Rifkin, Derrick Roberts, James Rubin, Samantha Rosen, Richard Sachs, James Saunders, Ankur Sevak, Maxine Streeter, Sunita Trellis, Gerard Williams.

JNC NOTICE



2014 GULKIN AWARD

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Congrats to Hilly Moldof, this year's Harry Gulkin Award winner.  The lawyer who stood by Seth Penalver again and again gets the nod for not only a superlative performance, but a career full of them.

Moldof's adversary in Penalver, Chuck Morton, was also a contender for the coveted BACDL annual award.  Jaime Benjamin and Jeff Harris reportedly pushed hard for their former SAO colleague.

Other deserving contenders included Raag Singhal, Joe Murphy, and George Reres.

Well Done!

JNC INTERVIEWS

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The JNC has made its first round of cuts.  Of the twenty-nine applicants, twelve got the ax earlier today. 

The following seventeen hopefuls will be interviewed on Monday, September 23rd, at the Broward County Bar Association:

1.) Mari Blumstein - 9:30; 2.) Haccord Curry - 9:40; 3.) Paul Eichner - 9:50; 4.) Susan Hugentugler - 10:00; 5.) Jorge Hurtado - 10:10; 6.) Dan Kanner - 10:20; 7.) Ernest Kollra - 10:40; 8.) Kal Evans - 10:50; 9.) Giuseppina Miranda - 11:00; 10.) Michelle Ricca - 11:10; 11.) Abbe Rifkin - 11:20; 12.) Samantha Rosen - 11:30; 13.) Richard Sachs - 11:40; 14.) James Saunders - 12:00; 15.) Ankur Sevak - 12:10; 16.) Maxine Streeter - 12:20; 17.) Gerard Williams - 12:30.

                INTERVIEWS ARE OPEN TO THE PUBLIC

JNC INTERVIEW NOTICE

BBeat - Kasen Fundraising Letter Boasts Jose Baez - (via JAABLOG)

WEDNESDAY NOTES

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 So Long, Pat!

Gold Watch Time - September 12th marks both the thirty-third anniversary of Jury Room Chief Pat LaVigne's hiring by the Clerk's Office, and her well earned retirement.  Make sure to stop by the Jury Room Thursday to say goodbye, and to wish new boss Cathy Bernstein congratulations.  It's a safe bet the transition will be as seamless as the uninterrupted, never ending stream of jurors provided by Pat and team for the grist mill known as justice in Broward County.  It's certainly no walk in the park dealing with the general public on a mass scale, or judges with their robes in a twist, but Pat made it look easy all these years. 
Well done!

Also outta here ...
- the Florida Bar's Director of Lawyer Regulation is calling it quits too.  That's right, JAABLOG's numero uno nemesis Ken Marvin is retiring, effective January 2014.  Bar sources confirmed today that Marvin has given "verbal notice", and that the job opening has been posted internally  "per policy".  If no insider applicant makes the grade for a job that currently pays Marvin $119,140 a year, the position will be posted externally ...

And more Bar news - Bar v. Blog was scheduled to go before a Grievance Committee (GC) today.  We weren't invited, although we pretty much begged the Bar for an invitation in our last written response, so as to tell everybody what we think they really should know.  Did the GC find probable cause?  Did they summarily dump the complaints?  Or did they assign a lawyer investigator to finally gather the real story?  You'll know as soon as we do ...

It's a small town, after all ... - once upon a time, there were all kinds of rumors as to whether or not Ilona Holmes would testify on behalf of one time gal pal Gardiner during the disgraced former judge's Bar trial.  Ultimately, of course, Holmes was a conspicuous no show.  And now we've stumbled onto this Sworn Motion To Disqualify and the Order Granting Disqualification  from last summer on an open homicide case*, which shows just how concerned Holmes was that she might be subpoenaed to appear.  Apparently, the judge consulted Fred Haddad to intervene if a subpoena was issued, despite the fact Haddad had at least one serious case pending before her.  One thing led to another, resulting in the disqualification order, wherein Holmes couldn't resist deeming the granted Motion "frivolous".  A returned call by Holmes' JA concerning some of the issues presented left us more baffled than before, so be sure to read the Motion and Order for yourself, or post a comment if you have the backstory.  Just another bit of interesting fallout from the Gardiner mess, with more surely to come ...

*The homicide case involvedboth Haddad and David Bogenschutz, the lawyer who would have been calling Holmes as a witness on behalf of Gardiner.  Got that?

Coming Soon - From the Pen of Howard Finkelstein; SAO making good headlines (for a change); A whole ton of reversals ...


JAABCAM

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1.) 2014 BACDL Gulkin Award Honoree Hilly Moldof; 2.) TV's Jay Hurley and PWBC's Andrea Tianga; 3.)Bill Dimitrouleas, en route to Pat's bon voyage, earlier today; 4.)Al Milian and Howard Forman.  Al's hosting a big Broward fundraiser soon ...

NO PC!

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17th Circuit Grievance Committee "C" (GC) has disposed of Bar v. Blog.  Nothing official yet, but the Bar told Russell Cormican this morning that both the Bobby Diaz and Marni Bryson centered complaints are kaput.

More on Bar v. Blog later, of course.  There are still many unanswered questions which need to be addressed.  But for now, a sincere and heartfelt THANK YOU to anyone out there reading this blog, to the GC, to Russell and Norm Kent, to Howard Finkelstein and Lori Parrish, to the bloggers and reporters who covered the story, and to the tons of lawyers, judges, and other folks who offered well wishes and were ready to come forward if this bit of silliness went any further.  The outpouring of support and free legal advice was truly overwhelming, and won't ever be forgotten. 

It seems no matter how much good people approve or disapprove of this little internet experiment, everyone agrees we've got a right to speak our piece, so long as it's true.  And that's why Bar v. Blog wasn't a total waste of time in the end.  In a day and age where it feels like core American rights are rapidly being eroded, the GC drew a line in the sand for lawyer speech.  And for anyone who ever anticipates being involved in the legal system, that's a very good thing indeed.

Thanks for playing!

NORMAN 1, NEVINS 0

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Buddy Nevins' lawsuit against Bob Norman may finally be over.  It's so old we can't even remember what it was about, and there isn't much to link to for background except for here and here.  In any event, we're told Summary Judgment was granted last week, so unless there's a successful appeal, it's a done deal ...



Tom Lynchwith the new guitaristfor The Mullet Men ...

JAABLOG
RETURNS SHORTLY ...

JNC PICK SIX

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The following six names were sent to Rick Scott today for consideration to replace Stacy Ross on the county court:

1.) Mari Blumstein

2.) Susan Hugentugler

3.) Dan Kanner

4.) Giuseppina Miranda

5.) Abbe Rifkin

6.) Richard Sachs

JNC Notice

COURT DEPUTY BUSTED

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 Say it ain't so ...

Garrett Cunningham
, Jeff Levenson's long serving Court Deputy, is currently incarcerated in the St. Lucie County Jail. The link is here, detailing some very serious charges alleged to have occurred in Broward, reportedly arising from a dispute involving his estranged wife, who is also a BSO Court Deputy.  BSO had a BOLO posted for him yesterday in the courthouse, and there was some limited discussion regarding Cunningham's situation during today's roll call before court.

Developing ...

THAT WAS FAST ...

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 Same day service ...

It appears BSO's Garrett Cunningham has already been the recipient of some extra special treatment.  Arrested Monday night in St. Lucie, he's already a resident of the Broward County Jail.  The Clerk's Office has yet to assign a case number or division at the time of this post, but the link to the BSO booking information is here.

Unfortunately, we're hearing all kinds of disturbing things about the allegations, so be warned.  Mainstream media is all over this one, including the Sun Sentinel, so the PC Affidavit should be available soon.  In the meantime, it's nice to know Cunningham didn't have to wallow around the St. Lucie jail for a week or so waiting for a bus crammed full of other inmates to take him home.  Will a special catered bond hearing in a private courtroom be next?  Stay tuned ...



JAABCAM

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1.) Force of nature Sheila Alu, last Friday.  Sheila started back to work in the SAO's Case Filing division on Monday, cancer free; 2.)Dan Kanner is one of six under consideration to become your next county court judge; 3.) The DBR's Adolfo Pesquera; 4.)Garrett Cunningham found himself in a different uniform Wednesday morning, before Jay HurleyThe Sun Sentinel has released some of the alleged details here.



Coming Soon - Catching Up With Howard Finkelstein


CRIMINAL E-FILING UPDATE

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Criminal lawyers have been busy panicking all week due to the impending October 1st deadline for criminal courts E-filing.  Training sessions have been held in the main courthouse for both judges and lawyers (there's another one for attorneys about to start in the jury room as of the time of this post), and everyone has noticed the recently installed swanky new touch screen oversized monitors on each judge's dais. 

Everyone can breath a sigh of relief though, as the October 1st deadline seems likely to be pushed back in Broward and other places as well.  Clerk of Courts Howard Forman helped to clear up some of the confusion just a few minutes ago, explaining that Clerks from Broward, Hillsborough, Lee and Miami-Dade Counties have requested an extension of the deadline from the Supreme Court, and hope for it to be granted by Administrative Order any day now.  And while it's anyone's guess as to what the Supremes may do, if the biggest counties need more time, it's a safe bet they'll get it.  The AO should post hereshortly, so check it out.  In the meantime, everyone is still urged to register for E-Filing, while all the problems presented by criminal E-filing are ironed out ...

State v. Cunningham Update - Garrett Cunningham's case has been assigned to Matt Destry's division.  Johnny McCray for the Defense, and Katie Bogenschutz for the SAO.  Things may change, however, if any of the parties decide to ask to send this mess to an out of county judge or prosecuting authority ...

E-FILING DEADLINE NOW 2/3/14

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Here is the Supreme Court Administrative Order spoken of in the last post, extending the deadline for Criminal Courts E-filing to February 3rd, 2014.

One last thing.  Howard Forman indicated there may be additional requests for extensions, so February 2014 may not be set in stone either ...

CAST YOUR VOTE!

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Mark Speiser
, Ginger Lerner-Wren, and Howard Finkelstein
sparked an international movement ...


Treatment Court Nominated for International Award

Fort Lauderdale, FL – Broward County’s ground-breaking Mental Health Court is pleased to announce it has been nominated for the prestigious Innovating Justice Awards for 2013. The awards are given annually by HiiL, a foundation for international justice in The Hague, Netherlands. The prizes go to projects around the world that develop innovative ways to deliver justice. HiiL chooses finalists for the award based partly on votes cast online by the public. The awards will be announced on Dec. 11. They carry a cash prize of 50,000 euros (about $67,000), which HiiL uses to promote the spread of the winning innovation worldwide.  Voting runs from Oct. 7 to 18. To vote, click here(JAABLOG will post a reminder when voting starts on the 7th ... )

Since it was launched in June 1997, Broward’s Mental Health Court has provided a compassionate, alternative form of justice to an estimated 16,000 people with mental illness who had been arrested. Before the court’s inception, mentally ill defendants routinely spent months in jail for minor crimes such as loitering or disorderly conduct, rather than getting treatment they needed, according to Broward Public Defender Howard Finkelstein, a co-founder of the program.

Broward’s court was the first in the nation focused solely on crimes caused by mental health, and it tackled a highly complex national problem. For the past 16 years, this specialized therapeutic court has swiftly identified individuals with serious mental illness in need of appropriate mental health treatment and support and diverted them out of the jail system and into community-based treatment.   Research demonstrates that the approach is smart justice that saves tax money, reduces recidivism, and promotes public safety, while respecting the dignity and human rights of offenders.

The court has been widely emulated, by at least 250 cities across the country, and dozens more in the works. Congress embraced the concept as a national model, passing legislation in 2000 to expand diversionary criminal justice strategies. The HiiL Foundation recognized the  achievement, and nominated the program in the category of Successful Innovations.

The court was a bold innovation which emerged from desperation.  Our mental health system of care was in shambles, our jail was over-crowded, and a task force was formed to seek solutions,” said Judge Ginger Lerner-Wren, who has presided over the court since its first day.  “We had no money, but we had a courageous community with a shared vision to deliver justice. Broward’s influence has been profound across the country and internationally.”

For more information about the awards and nominees, and to cast an important vote,visit the foundation, or visit the Mental Health Court’sFacebook Page.

                                    WELL DONE!

60 Minutes: Untreated mental illness an imminent danger? (9/29/13)

LOUREIRO REVERSED

CAST YOUR VOTE!

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