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  • 10/17/13--11:59: CIRCUIT COURT VACANCY?
  • Rumors about Eileen O'Connor retiring have been swirling for quite some time.  Now we're being told it's official, with her exit set for April 30th, 2014.  A call to Rick Scott's press office was made earlier, and they promised to get back to us, while O'Connor's JA offered an official "no comment" just a few minutes ago ...


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  • 11/06/13--07:00: BUSTED!


  • PB Post: Boca Raton police arrest Broward judge on DUI charge

    It's a Refusal ...

    Coming Soon-Wedded Bliss!

    *UPDATE* - IMPERATO PC AFFIDAVIT


    Lastly, JAABLOG's two phone messages to Peter Weinstein earlier today questioning whether a judge with pending criminal charges would be allowed to sit in a criminal division have yet to be returned ...


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  • 11/07/13--17:29: FRIDAY NOTES
  • We're back (and forth) on the blogging thing these days, so enjoy it while it's here.  And please continue to check back infrequently, just in case we're feeling it ...

    Made For Each Other
    - what do you get for the guy and gal who have everything?  That's what we've been asking, despite the fact our invitation to this weekend's wedding of David Bogenschutz and Gardiner up in North Carolina must have gotten lost in the mail.  In any event, everyone must have breathed a sigh of relief that the Supreme Court didn't deliver their gift to the new Mrs. Bogenschutz before the nuptials, although it's sure to arrive shortly.  But let's not detract from the good thing that came from so much bad, namely Broward's newest legal power couple.  Congratulations!

    Winner, Winner, Chicken Dinner - Ed Merrigan's promotion to U.S. Army Colonel was confirmed by the Senate earlier this week.  Anyone even remotely familiar with reruns of M*A*S*H will tell you that's a big deal indeed, as very few ever achieve Full Bird status, especially during peacetime.  Could a General's Star be in Ed's future?  And a circuit judgeship as well?  The sky's the limit, when you're a thoughtful and patient guy.  Well Done!

    Oh Marni! - guess who came in last for all county judges in both the Knowledge & Application Of Law and the Impartiality (Freedom From Bias & Prejudice) categories in the 2013 Palm Beach County Bar Association's Judicial Evaluations?  Marni Bryson, that's who!  Check out all the poll results here, and the 2014 PB Judicial Rotations here.  It's going to be a long hot summer ...  

    Tell Me Why (I Don't like Wednesdays) - everybody knows Bobby Diaz typically insists on two days to try a single misdemeanor case, which means if he doesn't get something started on Tuesdays, he often doesn't have court Wednesdays.  Accordingly, we checked in to see how many discs were available for purchase from digital court reporting services at the courthouse from the last eleven Diaz Wednesdays.  THREE was the answer.  One day for roughly three hours, one for about 25 minutes, and one all day affair.  The other EIGHT Wednesdays, stretching back to August 28th, reportedly don't have any recordings at all, meaning eight of the last eleven Diaz work weeks found him off the bench all day at least once.  A call to his office Thursday confirmed Diaz was Relief judge one Wednesday and not expected to be in court, and that he was not sick or on vacation during the period in question, meaning a whole ton of precious and expensive courtroom time is being squandered by Peter Weinstein's judicial administration.  Diaz may prefer to work in his office while most judges are busy in their courtrooms, but the same Chief Judge who certified the need  for SIX new $134,000 a year county judges in 2013 (plus pension/benefits/judicial assistant's salary) ought to examine why Diaz's courtroom isn't being utilized by someone wearing a robe to move cases most Wednesdays.  Your tax dollars at work, as if anybody cared ...

    Unhappy Halloween - nobody can accuse Matt Destry of not utilizing his courtroom time to the max.  Last week Thursday may have been Halloween, but that didn't stop Destry from keeping everyone in court way past 11:00 PM, no matter how many ghouls and goblins were swirling about.  That's right, since it wasn't a nationally recognized holiday, lawyers, witnesses, and staff lost out on sharing Halloween with family.  Apparently, the ensuing courthouse-wide disbelief and backlash was extreme enough for Destry to reportedly announce in court that he will never again keep anyone past 7:00 PM, so a lesson may have been learned.  Stay tuned to mainstream media on this one, as we hear a full story is in the works ...

    Reversed! - it's not often the Fourth DCA gets to reverse a Florida Supreme Court justice, but it happened on October 30th.  The Palm Beach appellate court sent a 2005 Jorge Labarga case back for a new trial, calling the conviction "fundamentally flawed" because of improper jury instructions.  Labarga was still a lowly trial court judge  at the time, but his unusual meteoric rise to the Supremes, after a brief pit stop on the Fourth, made it possible for the current District Court of Appeals to turn the tables on one of their bosses.  The opinion is here, and pro se to boot ...

    Speaking of the Supremes - did Barbara Pariente reference the blog during a speech at the recent Broward Bench & Bar Conference?  The demands of fighting against the racist drug war kept us from personally attending the judicial suckfest, but we're told there was indeed a nice comment about Broward's love of blogging.  Oh well, obviously we have no choice but to keep writing, since absolutely everyone seems to be reading ...

    A First Time For Everything - it's  not often a lawyer gets to blame the need for a continuance on the President of the United States.  A BSO Deputy called off a deposition set for November 8th earlier this week, due to a last minute assignment working the presidential motorcade for Friday's fundraising visit.  Barack Obama now owes us the cost of serving a subpoena and a witness fee check, but we'll let it slide just this once ...

    Blog Mother Bows Out - here is Eileen O'Connor's resignation letter, effective April 30th, 2014.  It's not without a touch of nostalgia we bid her adieu, as her jailing of a damn near illiterate potential juror and the subsequent scandal dealing withher judicial application  got the Broward reform movement started.  In any event, it's all water under the courthouse now, that dank, dark place where many once promising judicial careers lie trapped and stagnant ...

    Coming Soon - Bob Belanger, meet Mrs. Bucket ... sorry, Mrs. Bouquet; The new Ken Marvin; Mickey Rocque restores law and order to the City of Sunrise; FELONY VOP BLITZ; Catching up with Garret Cunningham; On the Road with Eugene Pettis ...



                Meyer Lansky and Joe Varon

    Pending Criminal Charges Got Korda Disqualified ...

    ... Yes, the Judge is entitled to the presumption of innocence in his
    criminal case. But that hardly generates a coincident supposition that
    litigants in cases over which he presides while his own criminal charges
    are unresolved need have no reason to fear his impartiality has been
    impaired. We are bereft of reasons to escape reversal on this ground ...

    *UPDATE*SS - Imperato requests transfer to Foreclosures, Paul Backman to cover


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  • 11/11/13--17:29: JAABCAM



  • 1.)SDFL's  David Markus, caught slumming in State Court a few weeks back.  After a couple days, he left with a Not Guilty verdict; 2.) Circuit court candidate Stacey Schulman; 3.) Mari Blumstein and 4.) Giuseppina Miranda anxiously await Rick Scott's impending decision as to who will replace Stacy Ross on the county bench.



                        Tonya Alanez and Johnny McCray

    SS: Imperato's arrest triggers a walk down judicial memory lane ...

            (Starring Feiner, Levenson, Barry Cohen, Dale Ross,
    Gardiner, Diaz, Julian, Greene, Korda, Seidlin, Howard Berman)

    WELL DONE MICKEY ROCQUE! - The Sun Sentinel's Megan O'Matz and John Maines have made national news with
    in-depth reporting  on Sunrise PD's efforts to lure drug dealers into their jurisdiction.  The big money stings have made millions for the City of Sunrise, and Satz's Drug Trafficking Unit (DTU) has been more than willing to go along, no matter how many innocent men, women, and children were put in danger.  The good news, of course, is that Sunrise PDis no longer in the drug selling business, after public pressure following the Sentinel article shut them down. 

    The reporters deserve a lot of credit.  This is long form investigative journalism at its finest.  Exhaustively researched and well written, with the payoff of an egregious government excess being stopped dead in its tracks.  It's what the Fourth Estate is supposed to be all about, even in the day of the incredible shrinking newspaper.

    Without taking anything from O'Matz or Maines, it's important to remember the guy who got the ball rolling.  The story was broken right here on JAABLOG, back in
    November of 2011 ("D ... T ... PEE-YEW!"), all because of Mickey Rocque. Offended by what he had learned while defending one of his clients, Rocque went public, despite the potential for angering the powers that be.  His courage made it possible for the Sentinel to pick up on the story and shut down the shameful practice, as no individual lawyer could have.  It's a lesson all attorneys interested in making more than money should take to heart, for no matter how unlikely it sometimes seems, public exposure almost always slays a misbehaving Goliath. 

    So, hats off to Mickey Rocque.  The man who was so instrumental in bringing Drug Court to backwards Broward now has another victory of far reaching implications to call his own.  But knowing Mick, he'll never mention it again, which is why we're doing it for him.  Well Done!

    SS: Loose cash found hidden in Sunrise Police narcotics office

    BBeat - Merrilee Ehrlich acting all cocky

    Bob Norman w/ Weinstein re Imperato (video)

    NBC National News: Ex-Prosecutor/Ex-Judge jailed for withholding evidence


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  • 11/12/13--12:20: GRUDGE MATCH!
  • Adria Quintela is the Florida Bar's new Director of Lawyer Regulation.  She starts the first week of January, after Ken Marvin's retirement.  Quintela's position as head of the Bar's Broward office has not yet been filled, or listed with the general public.  She will remain in Broward, serving as a "remote" Director of Lawyer Regulation.

    Surprised?  Don't be.  The Bar is certainly perverse enough to put Quintela in charge of keeping all the lawyers in Florida in check.  During her time,* Broward rose to unparalleled levels of corruption. 
    Judges ran amok, Scott Rothstein and company did as they pleased, Scheinberg was initially cleared, Bar agent Charles Moreheadleaked like a sieve, Lorraine Hoffman went turbo, and the Bar attacked the few whistleblowers who actually stood up to injustice, like Chris Roberts , and this very blog.  If the past is any indication, all of Florida can expect more of the same, except on an even grander scale, if possible.

    On the bright side, Quintela will now have to return her calls.  While it was next to impossible to get her to call us back on questions of public importance in the past, Ken Marvin made it a point to communicate with the outside world.  And since there's a possibility Quintela may try to reignite the misguided, failed local attacks on free speech a la Bar v. Blog, at least now she'll have to explain herself, instead of staying in the shadows.

    From Bar Director John Berry's October 8th email, announcing Quintela's ascension:

    It is my pleasure to let you know that Adria Quintela will replace Ken Marvin as Staff Counsel beginning the first week in January, 2014. Ms. Quintela will perform her duties from the Ft. Lauderdale Office and we will begin immediately to advertise to replace her as the Chief Disciplinary Counsel in that office.

    The ability to have such an incredibly gifted and experienced bar counsel to replace Ken is directly related to the technology advances the Florida Bar has made through what is called our CAMFI system in which we have all our files and pleadings from all branches accessible on the computer. Likewise we have the ability and have been regularly using video conferencing to all the branches and will be using SCOPIA allowing me and others in headquarters to communicate visually on our computers.

    As we began to study the feasibility of a remote Staff Counsel it became clear that a huge majority of Ken's work is related to reviews of pleadings, agenda items and other documents found on our system. Likewise calls coming from you and others are in essence also "remote". The duties of supervising the headquarters lawyer regulation functions of conditional admissions, probation monitoring and statistical data entry will now be given to Arne Vanstrum in Tallahassee who has been training for well over a year to both take on those duties but to help with the transition of a new staff counsel.

    Years ago we utilized one of our leaders of a branch to help with some of these kinds of duties and it was found to be both useful and a boost to the branches to know someone from the trenches was the one involved in supervising their work and decisions. Adria has demonstrated excellent management skills in revitalizing the Ft. Lauderdale office and all the while remaining involved in the actual handling of very complex cases. She has excelled at both and those skills will be invaluable in her new job duties.

    Most of you have direct contact with Ken and down the road may have that same contact with Adria though remote and Arne.  Any questions feel free to call. We will miss Ken very much and we are also very excited to have Adria come on board.

    I have been most privileged and honored for many years to have worked with Tony Boggs and Ken Marvin. We have worked together as a team and it is with a great sense of relief to know we can continue  with the experience and dedication of Ms. Quintela.

    Should you have any questions I am here for you.
     
    John Berry

    * Quintela started with the Bar in March, 1996, and became the local Director in October, 2005.

                            LET THE GAMES BEGIN!

     See You Thursday!

    The B'nai B'rith Justice Unit and United States Holocaust Museum invite you to attend a special presentation by Dr. Will Meinecke:

    Law, Justice and the Holocaust: How the Courts failed Germany 

    (Approved for 2 General CLE hours; Approved for 1.5 hours of non-conference CJE, of which .50 is Ethics)

    When: Thursday, November 14, 2013 5:30 pm-7 pm

    Where: Jury Assembly Room (Room 380) of the Broward County Judicial Complex, 201 SE 6th Street, Ft. Lauderdale, FL  

    A reception serving light hors d'oeuvres, wine and beer will immediately follow in the Ballroom of the 110 Tower (7th Floor), 110 SE 6th Street, Ft. Lauderdale, FL (Dietary Laws Observed)

    (Please RSVP by calling Marty Johnson, 954/831-0601 or by e-mail to
    mjohnson@17th.flcourts.org.  Please indicate if you will be attending both the presentation and reception, or presentation only)

    GOING TO THE HAGUE! - Ginger Lerner-Wren received the following on November 12th: 

    We are very happy to inform you that your successful innovation in the 2013 Innovating Justice Awards has been selected by our jury as one of the best entries in this year's competition. You have therefore been chosen as one of the top three candidates and are hereby invited to the Innovating Justice Awards ceremony in The Hague, Netherlands, on 10-11 December, during which the overall winner will be announced.

    We congratulate you on this achievement in a very competitive and high quality competition this year. In the course of the next few days, we will further inform you of travel and accommodation options in the Hague.

    The HiiL Team


    Fun With Statutes - did anyone commit perjury in conjunction with the first Loureiro trial?  People are still asking the question, since 775.15 (6)("Time limitations") says:
     
    "A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at anytime.

    An "official proceeding" is defined in 
    837.011  as:
     
    "a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding." (Emphasis Added)

    AND THIS,
    FROM 837.02 , Perjury in official proceedings:

    (2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree ... (Emphasis Added)

    Perjury is certainly confusing stuff, worthy of explanation by a Nova Law School professor like Bruce Rogow, who just happened to be in on Gardiner's deposition following Loureiro I.  That deposition
    is found here on page 30/180 of the PDF, and it's definitely worth a read, just in case Bob Norman was right.  In any event, let's hope The Supreme Court answers everyone's questions soon, and also unveils the top secret stuff that happened with both the JQC and the Bar concerning Gardiner.  The sanctity of the system is on the line, and the public deserves not only answers, but justice as well ...

    BROWARD COUNTY JUDICIAL PROCEDURE MANUAL

    SS: Tundidor death penalty case latest fallout from Imperato arrest

    SS: Destry's Night of Horror


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  • 11/13/13--17:29: RICKARD v. FELD
  •  Game on!

    A second county court judge has been challenged.  Ellen Feld will be joining Ian Richards on the campaign trail this season.

    Here is Mark Rickard's filing  from earlier today.

    And it's only November, 2013 ...

     Marc Shiner

    Cindy Imperato has hired a lawyer.  Palm Beach's Marc Shiner, a former prosecutor ...

    Coming Soon - Guess who showed up at Happy Hour?; Discover why the Florida Bar hasn't moved against more RRA lawyers; Stacy Ross' replacement is ...


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  • 11/14/13--10:34: 91 DAYS FOR ADLER
  • 0 0


                  

                                   DOUBLE DIPPING or BRINGING HOME THE BACON

                                                                  

                                                         
    YOU MAKE THE CALL!

    Judges are parents too, and they want their kids to get the best education possible.  But should members of the Broward judiciary be allowed to teach at private schools during traditional court hours in exchange for lucrative tuition breaks?  At least two 17th Circuit judges are doing just that, starting their mornings late, and giving rise to complaints of rushed A.M. dockets and hearings, in addition to causing even greater time pressures on already stressed litigants, staff, jurors, and attorneys.  Others are quick to point out that other judges start just as late for no good reason at all, arguing no harm, no foulPeter Weinstein has yet to call back confirming official policy in this area, so until then ... You Make the Call!


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  • 11/26/13--17:30: A THANKSGIVING MESSAGE
  •  Evan Hoffmanwrites:

    Imagine not being able to go to Thanksgiving dinner with your family because your judge won't set a hearing on an agreed motion. That's what is happening to my client.

    I have a client who recently resolved his cases and is currently on house arrest. He lives in Broward county and wants to attend Thanksgiving with his family in Broward. (That's right he is not leaving the county).

    His cc officer told him to get a court order to have permission to leave his house. I filed a motion, got the State to agree, and was told that the judge was out Wednesday and there was no room on the docket Tuesday. (That's right no time for an agreed motion just to have the judge sign the order).

    My office asked the ja who is covering her calendar and the ja said she would call my office back to tell us. Lo and behold the ja never called back so we called her. Her response was that she deleted the email of who the duty judge is. So I had to call around and find out the duty judge. Now because the ja wouldn't set a 5 second agreed hearing I'm at the mercy of the duty judge to sign the agreed order.

    Of course it would be nice if the ja of the assigned judge would let us email the stipulated order or let us fax it in but apparently that's not permitted.

    Now I have to tell my client's family that Judge McCarthy did not have room on her calendar to set an agreed 5 second hearing or permit us to fax or email the paperwork.

    Here's hoping that the duty judge finds it within themselves to understand my frustration and sign the order.

    What happened to open access to the court?

    Happy Thanksgiving to you all and hopefully my client will spend his Thanksgiving with his family as well.

    Evan Hoffman

    (Post a comment if you've also had trouble getting things on McCarthy's docket.  We're told Evan's not alone this Holiday Season ...)

    COMING SOON-Dancing to Boss Reporting's tune ...


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  • 12/19/13--05:33: PRAYERS
  • Hearts and minds go out to Gisele Pollack, who apparently is battling some personal demons this holiday season.  This is one story we purposely steered away from, but with mainstream media poised to break it shortly, Tuesday's work hours' intervention will become public record nonetheless.  It's a shame though, since this is one judge who has dedicated her career to evening the playing field, and getting help for people like herself who struggle with a sometimes overpowering disease. 

    Our prayers to Gisele as she weathers the storm ...

    Coming Soon - Chief Judge Stacy Ross?; Cindy Imperato back to Criminal ...

    SS: Drug court judge acts erratically, admits she needs help

    BBeat: Judge Haunted By Her Struggle With Alcohol

    Bob Norman: Broward drug court judge has meltdown, headed to rehab (video)

    SS: Judge Dale Ross presides over Lori Parrish/Bill Scherer case, despite close ties

    BBeat: Ginger Lerner-Wren honored by The HiiL Foundation


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  • 01/03/14--07:34: 18 JNC APPLICANTS
  • Haccord Curry, Kal Le Var Evans, John Fry, Jorge Hurtado, Susan Odzer-Hugentugler, Steven Hyatt, Doreen Inkeles, Daniel Kanner, Tony Loe, Samuel Lopez, Ed Merrigan, Andy Newman, Mark Rickard, Abbe Rifkin, Maxine Streeter, Richard Sachs, Gerard Williams, Stephen Zaccor.

    Surprise, Jay Hurley didn't put in ...


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  • 01/10/14--08:27: FROM THE USAN FAMILY
  • The Usan Family has circulated the following message courthouse-wide and wanted to make sure the entire legal community understands how appreciative they are for the outpouring of support received over the last few days.

    From the Family:


    My friends, as some of you already know, my family has suffered a tragic loss. Wednesday morning, while traveling across west Texas, my parents were involved in a terrible car accident. My Mother did not survive.

    Through the grace of God, my Father's life was spared.  Under the circumstances,  he suffered relatively minor physical injuries.  He was released from the trauma center yesterday and has already been transported back to us.  The emotional injury from the loss of his lifetime love, companion, and soul mate are beyond comprehension, but the comfort of his children and grandchildren will help to begin a healing process that does not end.

    On behalf of my Father and all of my immediate family, I want to thank you in advance for your thoughts, prayers and condolences.  In keeping with my Mothers wishes and beliefs, we are having a small, private memorial for immediate family members only.  We will not be receiving guests or answering messages during the next several days of mourning as we grieve together.

    Rather than flowers or a memorial fund, we ask that all of you take a quiet moment to reflect on the blessings of life and to say a quiet prayer for her departed soul.

    May he who ordains peace and harmony in the universe grant peace to us all.

    Thank you.

    The Usan family.

                                God Bless


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  • 01/14/14--07:26: BUSTED!
  • Alexander Gabriel Imperatowas arrested yesterday, accused of DUI and Refusal.  He's believedto be the son of Cindy Imperato, also accused of DUI and a Refusal up in Palm Beach (her second DUI arrest). 

    The senior Imperato has yet to be replaced on the criminal bench by Peter Weinstein, with her docket being temporarily handled by Paul Backman.  Imperato is still assigned her criminal courtroom and chambers in the North Wing for the handling of foreclosure cases.  It is believed Weinstein intends to bring her back to criminal as soon as her DUI is resolved (he no commented when asked this question in the past), while Imperato has curiously been allowed to retain the death penalty case of Randy Tundidor.  Imperato recently denied a disqualification motion in the Tundidor case filed by Richard Rosenbaum, who is preparing a writ of prohibition regarding the ruling as we speak.  A status hearing is set for Thursday.

    Rosenbaum was asked if the arrest and potential prosecution of Alexander Imperato would cause him to file additional pleadings in the Tundidor matter.  His response was "it may". 

    Developing ...

    Coming Soon- Death is Different: Has Broward learned nothing from the Gardiner/Loureiro fiasco?


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  • 01/14/14--14:56: " … a one-county problem."
  • SS: Broward-led spike in prison population requires look at non-violent drug crimes


    … Senate President Don Gaetz, R-Niceville, had another explanation (for the prison spike) -- Broward County.

    With a new sheriff and judges, the lawmaker said it appeared the crackdown was driving up the statewide increase.

    According to state economists, Broward led the state the increase in new prison commitments in the 2012-13 fiscal year, with new commitments increasing from 1,684 prisoners to 2,182, a 29.6 percent spike.

    That trend was continuing in the 2013-14 fiscal year, with Broward leading the state in the number of new prisoners it produced.

    "The problem is Broward County," Gaetz said. "It's not a statewide problem. It looks like it's a one-county problem.

    What do you think is the problem?  The judges?  The Sheriff & SAO?  Or the PD/Defense Bar?

    Post a Comment, And Help Right A Wrong!



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  • 01/15/14--09:48: LET'S GET SWEATY!


  • Ever wonder if your Chief Judge is well-endowed?  Or circumcised?  Well, if you happen to practice in Key West, we may be able to help you.

    The above snaps are from dating sites including Manhunt, posted by "DavidKW", who bears a remarkable resemblance to David Audlin, the current Chief Judge of Florida's 16th Judicial Circuit.

    Messages to Audlin's office asking him to confirm/deny ownership of the postings weren't returned by deadline.  Alas, other questions we posed via his judicial assistant and voice mail referencing the Judicial Canons remain unanswered as well. 

    In any event, judges are people too.  Dating sites are A-OK in our book.  But, does it amount to an appearance of impropriety for a chief judge to advertise his gavel length and width, or fudge on the "What I do" bio section by stating "Attorney"?  And since Key West is a small town, shouldn't everyone be on notice they're hanging with a judge, just in case someday they end up before Audlin?

    More unchartered terrain courtesy of the rapidly expanding world of social media.  And there won't be a clear answer unlessthe JEAC weighs in.  So, for now ... you make the call!

    *UPDATE* - Audlin's JA stated at 2:40 PM that the judge has "no comment" after we called to see if he had reviewed this post ...


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  • 01/15/14--17:30: JAABCAM



  • 1.)Ron and Mike Rothschild, last week; 2.) Palm Beach's Nancy Perez, during Bar v. David Stern trial last Fall; 3.)Matt Destry and the JNC's Jaime Finizio-Bascombe, last week.  All eighteen applicants hoping to replace O'Connor will be interviewed this Friday at the BCBA, from 1:30-5:00 PM.  The interview schedule is here (open to the public); 4.)Mike Gates, Jeff Streitfeld, and Carol-Lisa Phillips, conducting Broward's first ever three judge panel, county to circuit appeals' oral arguments (got that?), late last year.  Streitfeld interrupted the proceedings to hassle over JAABCAM's unobtrusive shutterbugging, but later was quite nice in a post-hearing phone conversation, presumably after researching local rules concerning media coverage.

    Coming Soon - Guess who wants to run for State Attorney?


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  • 01/16/14--17:30: WEDNESDAY NOTES
  • Incredible shrinking story - the Sun Sentinel published an update on the Randy Tundidor death penalty case online earlier today.  Unfortunately, you can only readthe truncated story now, because all references to Alexander Imperato's recent DUI arrest have been deleted. 

    Originally there was some detail concerning the allegations of the younger Imperato's case (PC says he blew .000/.000, but refused to provide a urine sample), and a quote from Richard Rosenbaum as to whether or not a second DUI defendant named Imperato would have any bearing on his ongoing efforts to get Tundidor a new judge.  But if you blinked, you missed it, because the full story was scuttled soon after publication.

    It's all very curious.  As has been pointed out inthe Comments Section, the Sentinel had no problem running stories  concerning the DUI arrest of the daughter of Mary and Mike Robinson, both Broward judges.  Of course, a death penalty conviction wasn't on the line, and neither of the Robinsons' careers were in jeopardy, like Imperato's is at the moment.  In any event, since news of Alexander Imperato's DUI broke on Tuesday, the Sentinel still hasn't run the story, unless you count today's embarrassing take-back.

    In an effort to find out what happened, we contacted the article's author Rafael Olmeda, who declined to comment (surprise).  And having learned back in November when battling over a credit beef that it's next to impossible to get an editor on the phone to explain anything, we quit trying.

    There you have it.  Imperato stays on Tundidor unless a higher court intervenes, and the Sentinel gets added to the list of those who apparently haven't learned anything from the Gardiner/Loureiro fiasco ...

    Brannon v. Finkelstein appeal update - "Forensic psychologist Michael P. Brannon appeared to have an uphill climb convincing the Eleventh Circuit on Wednesday that a lower court wrongly rejected his claims that a Florida public defender had retaliated against him over testimony he gave on behalf of a judge ..." (from Law360 (register for free trial subscription)

    Florida Bar Website Problems - still clicking over to a Network Solutions This Page Is Under Construction - Coming Soon! site featuring ads for restaurant equipment as of the time of this post.  Did someone forget to pay their bills?

    Hitler spotted in Broward County

    DBR: Weinstein lobbies for "ceremonial hall" courtroom in new courthouse

    Rumpole/Captain on Judge DavidKW (excellent comments)

    Above The Law on Judge DavidKW

    "We checked to see if Audlin could be found on any other social networking sites, and lo and behold, he’s apparently on Facebook, wearing the same shirt seen in the Manhunt profile picture featured above ..."

     What else should I say, Everyone is gay ...


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  • 01/17/14--08:30: JQC v. WATSON HEARING TODAY
  • There's a JQC teleconference today at 2:00 PM in the ongoing slugfest between special prosecutor Miles McGrane III, Laura Watson, and the tenacious Robert Sweetapple.

    Anyone can listen in by dialing 1-888-670-3525, and mashing access conference code 3811089615#.  The Notice of Hearing is here, and the link to all the amusing and voluminous documents filed thus far is here.

    Enjoy!


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  • 01/18/14--07:16: ATTENTION FLORIDA BAR
  • We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages ...Federal Court of Appeals Opinion.

    A panel of 9th Circuit judges rules that bloggers have the same 1st Amendment protections as traditional news media ... Los Angeles Times.

    Will this have any bearing on the Florida Bar's restrictions on attorney speech?  And will every lawyer be able to bypass Bar rules by starting his/her own blog?

    Will Rumpole and Captain now reveal their identities?

    Stay tuned ...

    TFBN: Searcy Denney challenges Bar advertising rules in Federal Court

    Dan Lewis on possible opposition for Debra Stephens


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  • 01/21/14--08:01: JNC PICK SIX
  • John Fry, Ed Merrigan, Dan Kanner, Tony Loe, Abbe Rifkin, and Steve Zaccor are before Rick Scott for consideration to replace O'Connor ...


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