Broward state court

JAABlog, Rumpole, the Sun-Sentinel and others are covering a Broward state court story where a high-school football player was a victim of (corrected, the original post said defendant; that's what you get for relying on Rumpole) sexual battery. Judge Levenson (a former AUSA* and a good guy) asked what position the victim played. The prosecutor responded, Linebacker. The public defender imprudently responded, Tight-end. The judge then insensitively joked "Wide Receiver?"

To his credit, the prosecutor said the comments were inappropriate. And to the judge's credit, he immediately (and repeatedly) apologized.**

This is the great benefit of blogs -- and the big trouble with them. Stupid comments like this have been going on for a very long time. They obviously aren't right, but blogs make the reaction angrier and more volatile than probably necessary.

I agree with Rumpole that Levenson should be forgiven. (I took out my comment about the PD because it wasn't his client that he was talking about. Obviously still inappropriate, but not in the same way.)

*I have to justify the post on the "federal blog" or Rumpole gets all upset.
**We previously have commented on Judge Levenson's good acts as judge here.

Broward Blog controversy...

Broward judges have been taking some heat lately. Check out this article in which the Chief Judge of Broward Circuit Court, Dale Ross, blames the JAABLAW blog for the court's woes.

[Chief Judge] Ross on Friday repeatedly referred to the blog and its "undermining" effect."I am disturbed honestly and truly that there are folks that want us to fail," he said.Attorney Bill Gelin, who helped establish the Justice Advocacy Association of Broward blog, said the postings are geared toward "positive change and proactivity.""There's been a desperate need for some kind of communication medium like this," Gelin said. "Nepotism, cronyism and cynicism have set in here and we're talking about fixing the real problems."

Bill Gelin responds on the blog:

I just wanted to add to my previous statements about Judge Ross saying we are "undermining" the judiciary. I've been fielding calls and questions all day on this issue, and I've gone from bemusement to anger. The bottom line, in my mind, is that this type of judicial behavior is nothing new in Broward, and that these judges don't need my help, or this blog's help, in undermining the 17th Judiciary. They are doing a great job all by themselves.

Ouch. I think Judge Carney's letter to the Miami Herald is a much stronger argument than Ross' complaint about the blog. Here's Carney:

Re the May 3 editorial Intemperate judges tarnish judicial system: The Broward County bench is made up of 90 judges -- 58 circuit judges and 32 county judges. The editorial and recent articles unfairly lump the entire Broward bench under an umbrella based on the actions of a few judges.

This does a disservice to most of the judges who have dedicated their careers to public service. Most important, however, it does a disservice to the residents of Broward County by undermining confidence in their courts.

Judicial polls routinely show that the vast majority of Broward judges are viewed as qualified or extremely qualified to hold their positions. These ratings are independently made by the attorneys of Broward County who practice in front of them.

The problem, of course, is that in the last couple of months, we've had pot, crying, and NHI -- in high profile proceedings. Yikes...

Hat tip on the JAABLAW blog: Rumpole.