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UPDATE: Deliberations are starting again with a new alternate subbing-in for the person now known as "the recalcitrant juror".
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
In ordinary English, where a transitive verb has an object, listeners in most contexts assume that an adverb (such as knowingly) that modifies the transitive verb tells the listener how the subject performed the entire action, including the object as set forth in the sentence.Dismaying as it is, a world where judges and lawyers don't have a command of grammar—the kind you get from diagramming hundreds of sentences—is anarchic.
Pursuant to the instructions set forth in the attached letter from Senator Bill Nelson and Senator Mel Martinez, dated April 30, 2009, the Florida Federal Judicial Nominating Commission is now accepting applications for the following positions:You have to figure they'll be about this careful, so this can't be fun. And above is what the SDFla looked like today if you were busy grading papers like I was.
U.S. District Judge, Southern District of Florida
U.S. District Judge, Middle District of Florida
U.S. Attorney and U.S. Marshal, Northern District of Florida
U.S. Attorney and U.S. Marshal, Middle District of Florida
U.S. Attorney and U.S. Marshal, Southern District of Florida
The revised Rules of Procedure for the Judicial Nominating Commission, dated April 30, 2009, application forms with incorporated instructions, and the names and addresses of the members of the Commission are available at the following Web sites:
1) The Florida Bar; 2) the U.S. District Court for the Northern District of Florida; 3) the U.S. District Court for the Middle District of Florida; and 4) the U.S. District Court for the Southern District of Florida.
In addition, these materials may also be obtained from the Commission Chair, John M. Fitzgibbons, The Law Offices of John M. Fitzgibbons, 707 North Franklin St., Suite 700, Tampa, FL 33602.
Completed applications must be received by the Commission Chair and commission members in the manner specified by the Rules of Procedure by 5 p.m., Friday, June 5, 2009. Applicants who are selected by the commission for personal interviews will be subsequently notified as to the date, time and location of the interviews.
A few hours after an ill juror was replaced, a note signed by the jury foreman in the "Liberty City Six" case said a female juror "refuses to engage in discussions based on the evidence or the law" and that this could be "unfair to the defendants," according to U.S. District Judge Joan Lenard. The note said the juror was disruptive and had made comments offensive to others.
"Please help us, judge," the note said, adding the juror "feels deliberating is a waste of time."
In court Friday, the juror accused of not wanting to deliberate also sent her own note, complaining that she feels under "attack" from the others and hinted she may have made comments about the law that were "misinterpreted."
After summarizing the notes in court, Lenard summoned the jurors back into court and sternly ordered them to follow the law and obey her instructions regarding their duty to deliberate. Lenard told the panel to return Monday.
"This may clear up the problem," Lenard said outside the jury's presence. "Maybe not."