The following email, entitled "Media Inquiry", was sent to Peter Weinstein and copied to his JA last Friday, April 11th. Absent some initial pleasantries and a few typos, the email has been reprinted in its entirety. As of the time of this post, Weinstein has failed to answer any of the questions posed, despite an indicated deadline of 5:00 PM, April 14th.
With the 17th Judicial Circuit backsliding to depths not seen since 2007, it's clear something is drastically wrong. And while JAABLOG may be partly responsible for giving the gregarious and likeable chief judge a free pass over the last few years, we think it's high time Weinstein answers to the public he serves.
Post a comment if you have any thoughts or suggestions for improvement. JAABLOG believes it's not too late for Weinstein to salvage the 17th's sinking performance and reputation, if he decides to send a strong message to both the legal and general communities, and be something more than a caretaker of the abysmal status quo who seemingly just wants to keep everyone happy. He may not have to answer our questions, but he certainly will answer to the judges who read your comments next February, when he seeks his third term as their chief ...
The email:
Peter:
(R)ecent developments have some people theorizing there is a lack of leadership in the 17th Circuit. As I know you would be the first to admit, the buck stops with the chief judge, and with morale at an all time low, and potential serious fallout looming as the RRA scandal threatens to further darken the clouds over the courthouse, I would like to ask your opinion on the following issues before I publish.
1.) Reliance on un-elected, senior judges filling in for elected judges. There seems to be an unprecedented reliance on senior judges in the 17th, while many full time judges seem under-utilized, or unwilling to pick up the slack. I understand the seniority system and reluctance to transfer judges from their long standing assignments, but clearly some type of reform is needed. Are you willing to restructure division assignments and the judicial staffing of the satellite courthouses to ensure judges are working full days, and if not, why? Are you willing to take action in other ways besides reassignment against under-performing judges? Also, is there some reason why you haven't personally picked up a division full time, and also asked (Admin judge) Sharon Zeller to do the same? Will you allow me to look at your schedule and Sharon's and (Admin judge) Jack Tuter's for the last six months without filing a public records request?
2.)New courthouse design flaws. How involved are you in the construction project, and what type of demands does this place on your schedule? If you are actively involved, can you discuss some of the design flaws and why the judges' concerns weren't remedied? What are you doing to protect courthouse staffers who have been told they will have to park in a garage unprotected from the elements once the new building is operational? (CLARIFICATION: the new garage is not connected to the new courthouse by a covered walkway) Why are judges entitled to covered parking, when every courthouse worker is as important as the next, and will you evenly distribute or rotate covered parking to all workers?
3.)
Diversity. The most
recent census data shows the African-American and Latin populations of Broward to be each around 30%, yet those populations are pathetically under-represented on the bench. Judges are allowed to involve themselves in the appointment process, and many believe you may have tried to help
Arlene Backman. Did you try to help her? And what have you done during your tenure as chief judge to actively promote diversity on the bench? What are you doing now to ensure minority applicants and appointments now that there are two county seats coming up, specifically
Merrigan and
Murphy?
4.) Judicial substance abuse concerns. What are you doing to educate and help judges concerning substance abuse, and to protect the public from judges who may be battling addictions to drugs and alcohol? When racial insensitivity issues arose during prior administrations, programs were implemented to educate and help all the judges. Why hasn't this been done here, particularly when other judges besides the ones in the news are also rumored to be dealing with substance abuse issues? Will you ask the judges to submit to voluntary drug testing, to protect the community from further embarrassing episodes which tear at the basic, underlying integrity of the judicial system? And regarding Gisele, which experts did you consult before determining to place her back in drug court back in January, and is it true you spoke with her lawyer David Bogenschutz before making that decision?
5.)
Term limits for the CJ. You have previously indicated that you will be seeking another term as chief judge. Why? Isn't four years enough for any circuit, particularly after the well documented troubles here in the past that many believe were the result of having the same chief judge for too long? What is it you wish to accomplish in another term, and why haven't you implemented reforms already besides the much needed three judge panel for civil county to circuit appeals?
SS: Broward courthouse parking rate 'really out of line' (April 14)
Weinstein said he didn't want to be critical of the county. After all, they're building a new county courthouse and two new garages, for employees and for judges. But he said $8 an hour in the public garage just east of the courthouse on Southeast Third Avenue on the south side of the New River, is "really out of line."
... "I think asking people to pay that kind of money to come to court is very significant," Weinstein said. "On the other hand, I also recognize all the expenses the county has."
LEADERSHIP?
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