DBR RE JAABLOG

William Gelin, best known as the main author of JAABlog, is under investigation based on complaints that apparently stem from his comments about judges in Broward and Palm Beach counties.

On advice of his attorney, Norman Kent of Fort Lauderdale, Gelin said he would not respond to The Bar's questions "in the event this is a political agenda."

Gelin maintains The Bar is not following its own rules by citing which rules of conduct are the basis of the investigation.

By Bar policy, the source of the complaints against the Oakland Park attorney is confidential.

"They are just coming at this from a very strange perspective," Gelin said. "They refuse to identify any type of misconduct. They won't specify anything from among the thousands of words and the hundreds of pictures which they find offensive."

Bar counsel Navin Ramnath of the Sunrise office sent Gelin the first notice of an investigation with a list of questions relating to identifying the authorship of two dozen JAABlog posts from 2012 and 2013. After Kent replied for Gelin, objecting to the vagueness of the inquiry, Ramnath sent two letters dated May 10 relating to different complaints.

Each began with the statement: "I agree that the requested information was vague. Please provide The Bar with a response to the following questions."

If Gelin did not respond by Monday, Ramnath continued, "this matter may be referred to a grievance committee."

The investigation prompted the directors of three other South Florida legal blogs to issue a joint statement Monday condemning The Bar's actions. The Justice Building Blog, the South Florida Lawyers blog and the Southern District of Florida Blog said The Bar letters "will have a chilling effect on the free speech of lawyers."

'Fishing Expedition'

The bloggers called Gelin courageous for openly criticizing judges through JAABlog as opposed to the more common practice of attorneys commenting anonymously.

"Apparently after a series of posts about two judges in West Palm Beach and Broward County, ironically, anonymous bar complaints have prompted The Bar to send Mr. Gelin letters seeking him to admit or deny his involvement in the JAABlog," the joint statement said.

"Judges are invested with responsibilities and powers, and all too often those powers cloud their judgment," the statement continues. "The ability of lawyers to freely comment on a judge represents an important check on those powers."

The bloggers interpreted The Bar's actions as a "fishing expedition and a veiled threat for (Gelin) to stop criticizing judges from the pages of his blog."

Karen Kirksey, a spokeswoman for The Bar, said Gelin is a member in good standing with no disciplinary history.

"A complaint was filed, so The Bar is looking into it as normal," Kirksey stated by email. "It may have no merit at all. Any further information about the complaints at this point is confidential."

The Bar questions concerning Gelin's blog activity covered a wide range of topics posted over the past year. But the questions seem weighted toward his criticism of Broward County Court Judge Robert Diaz and Palm Beach County Court Judge Marni Bryson, and his editorial control over the blog.

Gelin opposed Diaz's re-election last year and has often criticized the judge's work ethic, claiming he is often absent and shifts cases to other judges. Gelin has made a habit of scouting courtrooms to count how many judges are working in public sessions.

In Bryson's case, Gelin claimed attorneys familiar with her do not think she treats all attorneys equally. He also recalled past media coverage citing financial disclosure discrepancies in her election campaign and a 1994 accusation of misdemeanor battery when she was a college student that never led to a formal charge.

Discussion Needed

In 2010, a Broward County Bar Association committee debated whether Gelin's blog activities met professional standards. The association's rules of professional standards state lawyers are not allowed to criticize judges, opposing counsel, parties or witnesses because it could cast the justice system in a bad light. The association has no authority to regulate or punish lawyers, and nothing came of the inquiry.

Gelin told the Daily Business Review that judges already are an insulated class of elected officials. The Bar would prefer lawyers to bring their grievances against judges to the state Judicial Qualifications Commission, but for lawyers who rely on the impartiality of judges for their livelihood, going to the JQC can be a high-stakes gamble, he said.

"If the judiciary and The Bar do not like lawyers using media they can't control, then they need to change the rules. But if they want to change the rules as they go along, forget about it," Gelin said. "There needs to be an open discussion."

There were no posts on JAABlog from April 10 to Monday, but Gelin insisted the inactivity had nothing to do with the investigation. In fact, JAABlog postings had become increasingly sporadic over the past year because Gelin said he was more involved with his legal practice and his family.

In addition, Gelin said many of the changes lawyers sought had occurred in the Broward court system. JAABlog began as a team effort by several lawyers in 2006 to take on institutional racism, he explained. Broward lawyers used it to shed light on abuses from the bench and to pursue reforms.

"For whatever reason, a lot of that has been achieved," Gelin said. "Lawyers will tell you it's a much better place to practice than it was 10 years ago."

Sun Sentinel - Courthouse blogger faces Bar scrutiny after criticizing judges (5/18)

Sun Sentinel - Sheriff's Office rehires court deputy fired for hitting on jailed woman (5/14)

PB Post: Political consultant’s lawsuit against Marni Bryson raises allegations (4/20)