Good luck to Judge Jerald Bagley

Judge Jerald Bagley was a state circuit judge for many years in Miami and was a finalist to be a federal judge on 3 different occasions.  I wish he would have gotten it.  He's a great person and would have been an excellent federal judge.  He will be a great mediator in his new business.  The DBR covers his new gig here:

His new venture, J. Bagley Mediation Services, launches April 1 in Miami.

***

“I’m trying to go out with very little fanfare,” Bagley said Monday in a telephone interview. “I just tried to do my job — the good work that many of my colleagues do. … Serving the public is good enough for me, and I’m proud to have spent the last 35 years doing so.”

The longtime prosecutor served in the juvenile and felony divisions of the state attorney’s office before rising to the circuit bench in 1995. His ran unopposed in 2014, winning a six-year term that was set to expire in January 2021.

“I am very thankful for the privilege and honor of serving 23 years as a circuit judge, working alongside so many excellent colleagues and support and administrative staff,” he wrote in a Jan. 29 retirement letter to Gov. Rick Scott. “I retire knowing that I have given much but received more from so many opportunities gained from my previous position as an assistant state attorney and currently as a circuit judge.”

Jeffrey Toobin covers Fane Lozman

Fane Lozman, of SDFLA fame, has become the stuff of Supreme Court legend...  Jeffrey Toobin covers him and his cases here:

Lozman had an unusual problem before the Justices: his case was too good. Every Justice who spoke seemed to acknowledge that Lozman’s rights had been violated. As Chief Justice John Roberts put it, “I found the video pretty chilling. I mean, the fellow is up there for about fifteen seconds, and the next thing he knows he’s being led off in handcuffs, speaking in a very calm voice the whole time. Now, the Council may not have liked what he was talking about, but that doesn’t mean they get to cuff him and lead him out.” Still, several Justices worried that the egregious facts of Lozman’s case might lead them to create a standard that would subject many communities to similar lawsuits. They needed to figure out how to create a standard that would not discourage law enforcement from keeping order in public meetings, while preventing the kind of abuse that Lozman suffered. “I’m very concerned about police officers in difficult situations,” Justice Anthony Kennedy told Pamela Karlan, a Stanford Law professor who was representing Lozman. “In this case, there’s a very serious contention that people in elected office deliberately wanted to intimidate this person, and it seems to me that maybe in this case we should cordon off or box off what happened here from the ordinary conduct of police officers."

Here's the video of the arrest:

West Palm Beach State Courthouse dedicated to Judge Daniel T.K. Hurley (Guest Post by Ron Herman)

Judge Hurley Courthouse Dedication, Guest blog by Ron Herman of RHLawFl.com



Congratulations to District Court Judge Daniel T. K. Hurley on having the main Palm Beach County courthouse dedicated in his honor! More details on the event here.

Judge Hurley has just recently retired after a distinguished career, spanning service in state and federal courts. To dedicate the courthouse in his honor, the County had to waive its policy prohibiting naming buildings after people. Well deserved honor to one of the most respected jurists!

Senate confirms Lisa Branch to the 11th Circuit

From the Daily Report:

After five months of waiting, Georgia Court of Appeals Judge Elizabeth “Lisa” Branch will be moving to the U.S. Court of Appeals for the Eleventh Circuit.

The U.S. Senate confirmed Branch’s appointment Tuesday by a vote of 73-23.
***
President Donald Trump nominated Branch to the federal bench in September 2017. When the year closed without a vote, Branch’s nomination was returned to the president at the end of 2017. She was re-nominated in early January. The Senate Judiciary Committee approved her appointment on a bipartisan vote of 19-2 on Jan. 18.

Branch has served as the 77th judge on the Georgia Court of Appeals since Sept. 4, 2012. Previously, she was a partner in the commercial litigation practice group at Smith, Gambrell & Russell in Atlanta, where she began her legal career. Branch served as a senior official in the administration of President George W. Bush as counselor to the administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget and as an associate general counsel at the U.S. Department of Homeland Security. Branch graduated from Davidson College and received her law degree from Emory University.

Congratulations to Judge Branch.

Magistrate Judge Lauren Louis sworn in

Congrats to our newest Magistrate Judge, Lauren Louis, who was officially sworn in last Friday. Here's the link to the information on the court's brand new website, which looks much nicer and more streamlined.

The blog first reported on Louis back in November.

Congrats to Judge Louis!  She is a super nice person and will be a great magistrate. 

Fane Lozman back to the Supreme Court — again

Most lawyers dream of getting a shot to argue in front of the Supreme Court.  Non-lawyer Fane Lozman has convinced the Supreme Court to hear him twice.  The second one has oral argument tomorrow.  From the Washington Post:

The many descriptions bestowed on Fane Lozman over the years include political gadfly, relentless opponent of public corruption, and bored rich guy always spoiling for a fight.

If every town has a you-can’t-shut-me-up activist who second-guesses council members and dominates the public comments portions of meetings, few have elevated the art like Lozman. He has offered a $50,000 reward for dirt on local politicians and taunted them at a ribbon-cutting with an airplane flying overhead. “Adios,” said the banner that called the council corrupt.

So remarkable are his battles with the political leaders of this town of 35,000 people that they have drawn the attention of the U.S. Supreme Court.

Not once, but twice.

The latest rendition of Lozman v. City of Riviera Beach has grown from a ham-handed attempt to cut him off at a city council meeting into a major free-speech showdown that will have nationwide implications for citizens arrested — as Lozman was — by government officials they criticize. The court will hear arguments in the case Tuesday.
***
The first time Lozman and the city met at the Supreme Court, the justices reviewed Lozman’s claim that Riviera Beach had improperly used federal admiralty law to seize (and later destroy) his two-story, plywood-and-French-doors houseboat, moored at the city marina. The court ruled 7-to-2 against the city, saying Lozman’s houseboat was more house than boat.

***
At issue is Lozman’s arrest at a city council meeting in November 2006.

Fane Lozman’s home floating in the waters near North Bay Village, Fla., in 2014. (J Pat Carter/Associated Press)
During the public comments portion of the meeting, Lozman began to use his three minutes to talk about his favorite subject: corruption in Palm Beach County, where Riviera Beach is located.

Wade, who was presiding at the meeting, immediately stopped him. If he continued to rant about a county official at the meeting of the city council, she warned, he would be arrested.
He refused, adding: “I have a right to make my public comment.”

“Carry him out,” Wade told a police officer. Lozman was led away in handcuffs and spent hours in jail. The episode can be seen on YouTube.

More than 11 years later, there have been dropped charges and court hearings, a 19-day federal trial in which Lozman served as his own attorney and a return trip to the appeals court in Atlanta that ruled against him in the houseboat case.

This time at the Supreme Court, Lozman is supported by First Amendment organizations, the American Civil Liberties Union and a coalition of media organizations who say Lozman’s fight is especially important at a time when protests of government policies are on the rise and government officials are geared up to shut them down.

The city of Riviera Beach, meanwhile, is backed by the Trump administration, the District of Columbia and 10 states who say that showing there was probable cause for an arrest — as a jury found in Lozman’s case — should be the end of a retaliatory arrest claim.

Should judges be armed?

Should judges be armed?

The big debate of the day is whether teachers should be armed.  Rumpole discusses it over at his blog today.  Sheriff Israel's answer during the town hall was the best one I've heard: "Teachers should teach" and not be armed.

What about judges?  Former Chief Judge Norman Roettger (1930-2003) used to carry on the bench even though guns were not permitted in the federal courthouses.  He also allowed his court reporter to carry.  Judge Roettger was quite a character.  He had a huge handle-bar mustache.  He was a maverick. 

One of my first hearings was in front of Judge Roettger.  I was a federal public defender and it was a change of plea.  And the government had just started trying to get appellate waivers in agreements.  I couldn't get this new prosecutor to take it out and I was very frustrated.  My supervisor at the time told me to leave the waiver in the agreement and watch what happened when Roettger saw it.  Roettger BLASTED the prosecutor.  He asked him whether he worked for the Department of Justice or the Department of INJustice.  Why would they want the defendant to waive appeal.  What if the judge made a mistake.  Roettger took out a big sharpie and crossed it out in a very dramatic fashion and told the prosecutor to come sign the cross out.  It was quite a show.

Who has some good Judge Roettger stories? 

Is Customs asking people for their papers in the courthouse?

Is Customs asking people for their papers in the courthouse?

I have heard it from reliable sources that agents from Customs and Border Protection have been seen in the Wilkie Ferguson Courthouse asking people for identification.  Has anyone else seen this?

Are people going to federal court now to worry that they are going to be confronted by federal agents?

Don’t our federal agents have better things to be doing?

Raising money for the victims in Parkland

This is a personal post, so forgive me in advance.

My15-year old daughter’s nonprofit organization is trying to raise money for the victims’ families in Parkland.  She is a high-school freshman and wants to help.

Her nonprofit, sharingwear.org, sponsors a new charity each month and donates all profits to worthy causes.  She has designed a special shirt devoted to the Parkland victims.  100% of the profits will go to the Marjory Stoneman Douglas Victims’ Fund.

These kids, who are trying to make change, are really inspiring.

Being "a little defensive" is not enough for a Terry Stop.

Jill Pryor wrote this unpublished opinion (United States v. Heard) last week, holding that the motion to suppress should have been granted because being "a little defensive" in response to questioning isn't enough to conduct a Terry stop:

Patrick Heard appeals his conviction for possession of a firearm by a convicted felon under 18 U.S.C. §§ 922(g) and 924(a)(2). After careful review, with the benefit of oral argument, we conclude that the officers who arrested Heard lacked reasonable suspicion to conduct a Terry1 stop. Because his motion to suppress should have been granted, we vacate Heard’s conviction and remand for further proceedings consistent with this opinion.
***
Bisker parked his car and approached Heard. Bisker asked Heard whether he had heard gunshots; Heard said that he had and indicated that the gunshots came from the woods behind him. Bisker asked Heard for identification, and Heard provided him with ID. Heard’s identification did not confirm that he lived within the apartment complex,4 so Bisker asked where Heard lived. Heard said that his mother lived there and pointed to the apartment building closest to where he was standing with his small dog. Bisker believed this response to be “a little defensive” and an indirect answer to his question. Doc. 69 at 20. Bisker then asked Heard for his mother’s apartment number, and Heard did not provide a number.5 Bisker observed that Heard was swaying slightly. Based on his swaying and “overall demeanor,” Bisker thought “possibly [Heard] . . . wasn’t supposed to be there.” Id. at 20-21. At some point during the brief conversation Heard told Bisker he was there to walk his dog.

Why is this opinion unpublished?

You're invited

 Please RSVP to: FLSD_Program@flsd.uscourts.gov and seating in the ceremonial courtroom will be on a first-come first-served basis.  

"Respected blog"

"Respected blog"

That's how awesome Sun-Sentinel reporter Paula McMahon described the blog, giving this site credit for breaking the news about Trump's 3 judicial picks, Rudy Ruiz, Rodney Smith, and Roy Altman:

All three have strong links to Miami-Dade County: They are Circuit Judges Rodolfo “Rudy” Ruiz and Rodney Smith, who are serving state judges in Miami-Dade County, and former federal prosecutor Roy Altman, who is now in private practice.
This is the president’s first opportunity to shape the bench in South Florida for decades to come. But none of the three men, or the other seven candidates, are considered controversial selections, local judges and attorneys said.
White House officials have indicated the president wants to schedule Senate confirmation hearings for the trio. They are not technically nominees yet and will have to pass an extensive background check before they could be formally nominated. All three received official phone calls notifying them they had made the cut, several sources said.

The president had been expected to name all of his choices for five vacancies but has not done so yet. It is unclear why.

It's definitely a changing of the guard here in South Florida, where the new wave of judges, both from Obama and now from Trump, are changing the feel of this Court.  Lee Stapleton talks about this a little bit in her beautiful tribute to Magistrate Judge Bill Turnoff:

From 1982 to 1986, Bill Turnoff presided over the major crimes unit in the U.S. Attorney’s Office for the Southern District of Florida — the busiest section in the busiest office in the country. Every day, full-tilt boogie.

In 1984, after few years as an associate at a big firm, I decided I needed more adventure and more experience — after all, that’s why I’d come to Miami in the first place despite dire warnings from classmates and others that Miami was a dangerous place. U.S. District Judge Kathleen Williams, then just Kathy Williams, and I started at “The Office” in June 1984.

After a mandatory stint in appeals, I went to major crimes. My chief, Bill Turnoff, was from Philadelphia. You only need to hear one sentence out of his mouth to pick up the accent. A Cornell law school grad, he sat in a smallish corner office on the seventh floor. Mr. Potato Head sat on his desk. The air was redolent of pipe tobacco, and his door was always open.

BT ran his crew with military precision. He had to — every day brought new waves of events and new waves of arrests. There weren’t many of us, and the Department of Justice had to send extra pairs of hands, known as “Bucket Brigaders.”

Despite the chaos outside our doors, major crimes was run as a quality operation, with standards as exacting as any white-shoe law firm. Bill worked long hours, reading our indictments, affidavits for search warrants, pleadings, sentencing memos — most pieces of paper that were filed with the court. He was exacting. No editor at a national newspaper or magazine could have had higher standards than Bill. If he found a comma out of place, a typo or a grammatical error, he circled it in red and brought it back to the assistant U.S. attorney who had presented the defective document to him. No comment, just handed back to the person for as many drafts as necessary for perfection. I was a former newspaper reporter used to editors and editing, but because I so adored the guy and didn’t want to disappoint him, I proofed everything multiple times before presenting it to Bill.

Federal prosecutors go to court. In those days, pretty much every day we made the trek from 155 S. Miami Ave. to the federal courthouse. It was a bitch to do that in the summer, especially in a suit and panty hose. Bill expected his prosecutors, even rookies, to be TV-quality lawyers. It was up to the more senior AUSAs to keep an eye on the newbies. That being said, with so many cases, there was only so much time to babysit junior AUSAs. There was a strong on-the-job-training element to learning how to try a case. We were supposed to have a senior person with us for our first two trials. I got through my first one thanks to Mark Schnapp, But an hour into my second trial, the senior AUSA had to leave to go to another courtroom. I have come to believe that “training” is no substitute for “doing.”