...but this time it isn't Rothstein's people; it's Lew Freeman's. Here's the information charging Jose Wong and Steven Jockers. Like Rothstein's COO, they are charged in an information, which is a clear sign that they've already cut a deal. According to the USAO press release:
Jose Wong began working as an employee at LBFP in1992. Wong held various accounting positions in LBFP, and was ultimately promoted to comptroller at LBFP. In this position, Wong performed all the bookkeeping related to LBFP’s operating accounts and managed Lewis B. Freeman’s personal finances. Wong also prepared financial reports, such as bank reconciliations and cash-flow reports, on a number of matters to which Freeman had been appointed as the fiduciary. Additionally, Wong deposited a large number of unauthorized checks payable to LBFP from the fiduciary accounts into the LBFP operating accounts.
Steven Jockers worked as an employee at LBFP since1998. Jockers frequently assisted Freeman and other principals of LBFP in the day-to-day functions required to maintain receiverships, liquidating trusteeships, and assignments for the benefit of creditors. Jockers also did bookkeeping and prepared financial reports, such as bank reconciliations and cash-flow reports, on a number of matters to which Freeman had been appointed as the fiduciary.
It is estimated that Freeman issued more than 100 unauthorized checks and consequently misappropriated more than $6 million from fiduciary accounts he was responsible for safeguarding.
The case is assigned to Judge Lenard.
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
Wednesday, April 28, 2010
Happy 50th...
... to SG Elena Kagan (soon to be Justice Kagan?). If you haven't been over to ScotusBlog recently, you should check it out. They have been doing incredible in-depth reports on the short-listers for Justice Stevens' seat. Here's one example -- an interesting post about how Stevens won a coin-flip to get his clerkship:
Art Seder and John Stevens, meanwhile, were both interested in the alleged Rutledge clerkship possibility. Dean Green and his colleagues gave the young men the impression that Northwestern could not or would not recommend one of them over the other. Seder and Stevens thus were told to decide between themselves, by flipping a coin, which of them would be the school’s nominee to Justice Rutledge. They did so, just the two of them, in private, at the law school and without particular drama. Stevens won the flip. And his friend Seder abided by that result—he did not ask, for instance, to change the contest to the best two out of three flips.
Art Seder and John Stevens, meanwhile, were both interested in the alleged Rutledge clerkship possibility. Dean Green and his colleagues gave the young men the impression that Northwestern could not or would not recommend one of them over the other. Seder and Stevens thus were told to decide between themselves, by flipping a coin, which of them would be the school’s nominee to Justice Rutledge. They did so, just the two of them, in private, at the law school and without particular drama. Stevens won the flip. And his friend Seder abided by that result—he did not ask, for instance, to change the contest to the best two out of three flips.
Tuesday, April 27, 2010
Scott Rothstein's right-hand charged
Chief operating officer Debra Villegas was charged Tuesday with conspiring to launder money from his massive investment racket (via Miami Herald). Here's the indictment which got assigned to Judge Zloch.
UPDATE -- an astute reader points out that it's an information, not an indictment, and that it says it will take the parties zero days to try the case. Looks like Ms. Villegas has worked out a deal to plead and cooperate...
UPDATE -- an astute reader points out that it's an information, not an indictment, and that it says it will take the parties zero days to try the case. Looks like Ms. Villegas has worked out a deal to plead and cooperate...
Monday, April 26, 2010
Now that Manuel Noriega ...
... is gone (on a plane to France), who is going to get that special wing in the prison, which has a TV, window, exercise equipment and a phone?
“These two judges are fed up with the government’s efforts to clean up the Everglades.”
Nothing like a good Guy Lewis quote on Monday Morning. He's talking about Judges Moreno and Gold. He continues: “You’ve got two of the finest judges in the district, and both are as patient as Job, and they have come to the conclusion that enough is enough.”
The DBR article covering the Everglades cleanup is here. Some more:
Lewis said Gold and Moreno have drawn a line in the sand after giving government agencies the benefit of the doubt for years. “They want to believe their orders are going to be complied with and the government in good faith is going to clean up our backyard, and it’s not happening,” Lewis said. “It’s a shame it’s gotten to the point the tribe and others have to go in and say, ‘Please, judge, force government to live up to its lawful obligation.’ It’s extraordinary.” Everglades restoration has been slow going, but a $7.8 billion restoration plan signed by President George W. Bush and Florida Gov. Jeb Bush in 2003 shows limited success. “Rule No. 1 in politics is the big dogs eat first,” Guest said. “There is a lot of talk and not much walk. … Everglades restoration entered into a Dark Ages under the Bush administration. The projects didn’t get funded even though they were spending money on all sort of things. They built up this giant budget deficit, and it didn’t go to Everglades restoration, and it could have.”
***
Lehtinen said Everglades water quality has been somewhat improved thanks to a judiciary that wants to see the cleanup project through. “If you beat them about the head and shoulders enough with court orders, you do see some progress,” he said. “These judges are critical.”
The DBR article covering the Everglades cleanup is here. Some more:
Lewis said Gold and Moreno have drawn a line in the sand after giving government agencies the benefit of the doubt for years. “They want to believe their orders are going to be complied with and the government in good faith is going to clean up our backyard, and it’s not happening,” Lewis said. “It’s a shame it’s gotten to the point the tribe and others have to go in and say, ‘Please, judge, force government to live up to its lawful obligation.’ It’s extraordinary.” Everglades restoration has been slow going, but a $7.8 billion restoration plan signed by President George W. Bush and Florida Gov. Jeb Bush in 2003 shows limited success. “Rule No. 1 in politics is the big dogs eat first,” Guest said. “There is a lot of talk and not much walk. … Everglades restoration entered into a Dark Ages under the Bush administration. The projects didn’t get funded even though they were spending money on all sort of things. They built up this giant budget deficit, and it didn’t go to Everglades restoration, and it could have.”
***
Lehtinen said Everglades water quality has been somewhat improved thanks to a judiciary that wants to see the cleanup project through. “If you beat them about the head and shoulders enough with court orders, you do see some progress,” he said. “These judges are critical.”
Friday, April 23, 2010
"Anything is possible when a criminal defendant makes himself the government’s darling in an effort to obtain a reduced prison sentence."
That was Paul Calli in this morning's DBR discussing Scott Rothstein and his upcoming (but delayed) sentencing. More from Paul:
Calli warned prosecuting a case built on the word of master criminals like Rothstein is especially unreliable. “You take a guy who is nothing but a con man and you rely on him to accuse others. He has a built-in incentive to lie,” he said.
Jeff Weiner represents someone that Rothstein has cooperated against:
He said it was “sad and pathetic” that the federal government would turn to the state’s top scam artist to entrap his client. He contends the government is delaying Rothstein’s sentencing in hopes of reforming his reputation for the witness stand. The postponement “is only to keep from being sentenced so the government can bolster his credibility, which he has none, against the many people he has cooperated against,” Weiner said.
I wonder if Jeff will be able to get Rothstein to pass out on the stand...
Sentencing is currently scheduled for June for Rothstein before Judge Cohn. My best guess is that he gets somewhere between 20 and 25 years. What do you all think?
Calli warned prosecuting a case built on the word of master criminals like Rothstein is especially unreliable. “You take a guy who is nothing but a con man and you rely on him to accuse others. He has a built-in incentive to lie,” he said.
Jeff Weiner represents someone that Rothstein has cooperated against:
He said it was “sad and pathetic” that the federal government would turn to the state’s top scam artist to entrap his client. He contends the government is delaying Rothstein’s sentencing in hopes of reforming his reputation for the witness stand. The postponement “is only to keep from being sentenced so the government can bolster his credibility, which he has none, against the many people he has cooperated against,” Weiner said.
I wonder if Jeff will be able to get Rothstein to pass out on the stand...
Sentencing is currently scheduled for June for Rothstein before Judge Cohn. My best guess is that he gets somewhere between 20 and 25 years. What do you all think?
Thursday, April 22, 2010
"For the tremendous philanthropic support he provides, the University of Miami is proud to name the Student-Athlete Lounge after Nevin Shapiro."
Newly minted SEC chief Eric Bustillo has come out of the box swinging with a $900 million Ponzi case against Mr. Shapiro. Shapiro is also charged in New Jersey and surrendered yesterday. He is represented by Mike Tein, Guy Lewis and Kate Meyers.
Tuesday, April 20, 2010
8-1 Supreme Court strikes down law banning videos of animal cruelty
Rick Bascuas and I have had a lot to say on this issue as we represented the plaintiff in a similar case involving cockfighting videos. After the oral argument in Stevens (the dogfighting video case), I had this to say:
From what I heard, the case will be 8-1 in favor of the criminal defendant Stevens, holding that Section 48 -- prohibiting the sale of depictions of animal cruelty -- is unconstitutional. The one Justice that seemed to say that Congress could pass such a statute was Alito.
Too bad I can't call football games that well! Today, the Supreme Court ruled 8-1 in favor of the defendant Stevens and invalidated the statute. Alito was the one dissenter. From the New York Times:
In a major and muscular First Amendment ruling, the Supreme Court on Tuesday struck down a federal law that made it a crime to create or sell dogfight videos and other depictions of animal cruelty.
Chief Justice John G. Roberts Jr., writing for the majority in the 8-to-1 decision, said the law created “a criminal prohibition of alarming breadth” and that the government’s aggressive defense of the law was “startling and dangerous.”
***
As a general matter, Chief Justice Roberts wrote, “the First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the government outweigh its costs.” He continued, “Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it.”
Having concluded that the First Amendment had a role to play in the analysis, the chief justice next considered whether the law on animal-cruelty depictions swept too broadly.
The 1999 law was enacted mainly to address what a House report called “a very specific sexual fetish.”
“Much of the material featured women inflicting the torture with their bare feet or while wearing high-heeled shoes,” according to the report. “In some video depictions, the woman’s voice can be heard talking to the animals in a kind of dominatrix patter.”
When President Bill Clinton signed the bill, he expressed reservations, prompted by the First Amendment, and instructed the Justice Department to limit prosecutions to “wanton cruelty to animals designed to appeal to a prurient interest in sex.” But since then, the government has used the law in several prosecutions for trafficking in dogfighting videos.
Chief Justice Roberts said the law applied even more broadly. Since all hunting is illegal in the District of Columbia, for instance, he said, the law makes the sale of magazines or videos showing hunting a crime here.
“The demand for hunting depictions exceeds the estimated demand for crush videos or animal fighting depictions by several orders or magnitude,” he wrote.
The law contains an exception for materials with “serious religious, political, scientific, educational, journalistic, historical or artistic value.” Those exceptions were insufficient to save the statute, the chief justice wrote.
“Most hunting videos, for example, are not obviously instructional in nature,” he said, “except in the sense that all life is a lesson.”
Justice Samuel A. Alito Jr. dissented, saying the majority’s analysis was built on “fanciful hypotheticals."
From what I heard, the case will be 8-1 in favor of the criminal defendant Stevens, holding that Section 48 -- prohibiting the sale of depictions of animal cruelty -- is unconstitutional. The one Justice that seemed to say that Congress could pass such a statute was Alito.
Too bad I can't call football games that well! Today, the Supreme Court ruled 8-1 in favor of the defendant Stevens and invalidated the statute. Alito was the one dissenter. From the New York Times:
In a major and muscular First Amendment ruling, the Supreme Court on Tuesday struck down a federal law that made it a crime to create or sell dogfight videos and other depictions of animal cruelty.
Chief Justice John G. Roberts Jr., writing for the majority in the 8-to-1 decision, said the law created “a criminal prohibition of alarming breadth” and that the government’s aggressive defense of the law was “startling and dangerous.”
***
As a general matter, Chief Justice Roberts wrote, “the First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the government outweigh its costs.” He continued, “Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it.”
Having concluded that the First Amendment had a role to play in the analysis, the chief justice next considered whether the law on animal-cruelty depictions swept too broadly.
The 1999 law was enacted mainly to address what a House report called “a very specific sexual fetish.”
“Much of the material featured women inflicting the torture with their bare feet or while wearing high-heeled shoes,” according to the report. “In some video depictions, the woman’s voice can be heard talking to the animals in a kind of dominatrix patter.”
When President Bill Clinton signed the bill, he expressed reservations, prompted by the First Amendment, and instructed the Justice Department to limit prosecutions to “wanton cruelty to animals designed to appeal to a prurient interest in sex.” But since then, the government has used the law in several prosecutions for trafficking in dogfighting videos.
Chief Justice Roberts said the law applied even more broadly. Since all hunting is illegal in the District of Columbia, for instance, he said, the law makes the sale of magazines or videos showing hunting a crime here.
“The demand for hunting depictions exceeds the estimated demand for crush videos or animal fighting depictions by several orders or magnitude,” he wrote.
The law contains an exception for materials with “serious religious, political, scientific, educational, journalistic, historical or artistic value.” Those exceptions were insufficient to save the statute, the chief justice wrote.
“Most hunting videos, for example, are not obviously instructional in nature,” he said, “except in the sense that all life is a lesson.”
Justice Samuel A. Alito Jr. dissented, saying the majority’s analysis was built on “fanciful hypotheticals."
Monday, April 19, 2010
I demand a retraction!
Today's DBR (John Pacenti) covers the Jonathan Goodman imminent appointment as magistrate judge (filling Judge Garber's seat). We previously broke the story here. From the article: "U.S. District Chief Judge Federico Moreno wouldn't confirm blog reports last week that judges in the district have picked the Miami lawyer."
The article goes on to discuss how Kathy Williams and Willy Ferrer are still waiting for their appointments (Kathy to the bench and Willy to U.S. Attorney). Ferrer, at least, has been nominated (and will likely be confirmed this week or next). Kathy's file is apparently on the President's desk. I'm not sure what Obama is waiting for. It's really outrageous.
Pacenti says that Michael Caruso is "the odd-on favorite" to take over the Federal Defender's job when Kathy finally gets nominated: "David O. Markus, a former federal prosecutor, said Caruso is the natural choice. ... Markus, who runs the Southern District of Florida blog, ..."
Well, at least the blog got mentioned...
The article goes on to discuss how Kathy Williams and Willy Ferrer are still waiting for their appointments (Kathy to the bench and Willy to U.S. Attorney). Ferrer, at least, has been nominated (and will likely be confirmed this week or next). Kathy's file is apparently on the President's desk. I'm not sure what Obama is waiting for. It's really outrageous.
Pacenti says that Michael Caruso is "the odd-on favorite" to take over the Federal Defender's job when Kathy finally gets nominated: "David O. Markus, a former federal prosecutor, said Caruso is the natural choice. ... Markus, who runs the Southern District of Florida blog, ..."
Well, at least the blog got mentioned...
Friday, April 16, 2010
Kobie Gary gets 30 months
I'm not sure whether this was a guideline sentence or not as none of the articles explain. Here's the most in depth piece. Willie Gary had this to say about his son after the sentencing:
"I want to thank God for giving me my son alive because based on the guys he was hanging with and the things they were doing, rather than be in a courtyard I could be in the graveyard.”
Update-- from what I'm hearing, this was a win for the defense as the government was seeking a leadership enhancement which would have resulted in a much higher sentence of at least 5 years. Can anyone confirm?
"I want to thank God for giving me my son alive because based on the guys he was hanging with and the things they were doing, rather than be in a courtyard I could be in the graveyard.”
Update-- from what I'm hearing, this was a win for the defense as the government was seeking a leadership enhancement which would have resulted in a much higher sentence of at least 5 years. Can anyone confirm?
Cocodorm case heard by 11th Circuit
You remember this case, right? It's the one where Judge Cooke ruled that operating a porn site from inside one's home is permitted in a residential area. The 11th Circuit heard argument yesterday, and John Pacenti covered it here. Judge Pryor wasn't sympathetic:
In 11th U.S. Circuit Court of Appeals panel indicated Thursday that the keyhole should be closed on Internet porn sites broadcasting from private residences, saying the sites constitute a business and could violate municipal zoning ordinances. “We live in the world of reality TV. People will watch anything,” said Judge William H. Pyror, one of three judges hearing the city’s appeal. His comments came during oral arguments in the city of Miami’s appeal to enforce municipal codes at a two-story colonial home north of downtown Miami used by cocodorm.com, a gay sex site that provides in-home camera feeds to subscribers. The house at 503 NE 27th St. is essentially a production studio because independent contractors provide a service for a salary, room and board, the appellate judge said. But U.S. District Judge Marcia Cooke ruled last year in favor of cocodorm’s parent company, Flava Works, citing a 2001 ruling by the 11th Circuit that concluded such homes did not constitute adult entertainment business because the product was essentially in cyberspace.
***
Benjamin told the panel, which included 11th Circuit Judge Peter Fay and Senior U.S. District Judge Jordan J. Quist, visiting from Michigan, that neighbors were undisturbed by the residents. The only difference is cameras were set up in every nook and cranny to record their daily lives, which happened to include lots of sex. The red house’s windows are whited out. There was only one vehicle parked there Thursday.
I was with Judge Cooke on this one, but it looks like it might get sent back for additional hearings:
Benjamin repeatedly referred to the 2001 decision when a panel ruled a home transmitting online images of copulating college co-eds did not violate Tampa’s zoning ordinance banning adult businesses in residential areas.
***
The court indicated it most likely would send the case back to Cooke with instructions that the Tampa case is not controlling.
In 11th U.S. Circuit Court of Appeals panel indicated Thursday that the keyhole should be closed on Internet porn sites broadcasting from private residences, saying the sites constitute a business and could violate municipal zoning ordinances. “We live in the world of reality TV. People will watch anything,” said Judge William H. Pyror, one of three judges hearing the city’s appeal. His comments came during oral arguments in the city of Miami’s appeal to enforce municipal codes at a two-story colonial home north of downtown Miami used by cocodorm.com, a gay sex site that provides in-home camera feeds to subscribers. The house at 503 NE 27th St. is essentially a production studio because independent contractors provide a service for a salary, room and board, the appellate judge said. But U.S. District Judge Marcia Cooke ruled last year in favor of cocodorm’s parent company, Flava Works, citing a 2001 ruling by the 11th Circuit that concluded such homes did not constitute adult entertainment business because the product was essentially in cyberspace.
***
Benjamin told the panel, which included 11th Circuit Judge Peter Fay and Senior U.S. District Judge Jordan J. Quist, visiting from Michigan, that neighbors were undisturbed by the residents. The only difference is cameras were set up in every nook and cranny to record their daily lives, which happened to include lots of sex. The red house’s windows are whited out. There was only one vehicle parked there Thursday.
I was with Judge Cooke on this one, but it looks like it might get sent back for additional hearings:
Benjamin repeatedly referred to the 2001 decision when a panel ruled a home transmitting online images of copulating college co-eds did not violate Tampa’s zoning ordinance banning adult businesses in residential areas.
***
The court indicated it most likely would send the case back to Cooke with instructions that the Tampa case is not controlling.
Thursday, April 15, 2010
"Glacial slowness''
That's what Judge Alan Gold said about the EPA in a "blistering" order that accuses the agency of ignoring the judge's previous orders. From reporter Andy Reid:
U.S. District Judge Alan Gold in Miami blamed the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection for failing to heed his 2008 ruling that directed the agencies to enforce water-cleanup standards that were supposed to begin in 2006.
Instead, federal and state officials have opted for a 10-year extension to enforce tougher standards to clean up phosphorus in water that flows to the Everglades.
On Wednesday, Gold ordered the EPA and DEP to ``immediately carry out'' his previous mandates or face fines and sanctions for violating the federal Clean Water Act.
Gold also called out the South Florida Water Management District, which leads Everglades restoration. Gold said the district ``has chosen to ignore'' the court's call to enforce the water-quality standard.
``The hard reality is that ongoing destruction due to pollution within the Everglades Protection Area continues to this day at an alarming rate,'' Gold said in his ruling.
Gold isn't the only judge who is upset:
Gold became the second federal judge in recent weeks to raise concerns about the repercussions of the U.S. Sugar land deal on already-overdue Everglades restoration efforts.
U.S. District Judge Federico Moreno on March 31 ordered construction to resume on an Everglades restoration reservoir that had been shelved as the district tried to finalize the still-pending U.S. Sugar deal.
The unfinished reservoir in western Palm Beach County has already cost taxpayers almost $280 million.
The Miccosukee Tribe, which contends that Everglades restoration is off course, filed the legal challenges that led to both judges' rulings.
The tribe has also teamed with U.S. Sugar competitor Florida Crystals to wage a legal fight to try to stop the U.S. Sugar land deal.
They argue the deal threatens to take money from other restoration efforts, such as the reservoir, and would lead to further restoration delays.
"You are supposed to be cleaning up the water,'' Miccosukee attorney Dexter Lehtinen said. "They are abandoning the already existing plans. It's a deliberate ignoring of the requirements.''
U.S. District Judge Alan Gold in Miami blamed the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection for failing to heed his 2008 ruling that directed the agencies to enforce water-cleanup standards that were supposed to begin in 2006.
Instead, federal and state officials have opted for a 10-year extension to enforce tougher standards to clean up phosphorus in water that flows to the Everglades.
On Wednesday, Gold ordered the EPA and DEP to ``immediately carry out'' his previous mandates or face fines and sanctions for violating the federal Clean Water Act.
Gold also called out the South Florida Water Management District, which leads Everglades restoration. Gold said the district ``has chosen to ignore'' the court's call to enforce the water-quality standard.
``The hard reality is that ongoing destruction due to pollution within the Everglades Protection Area continues to this day at an alarming rate,'' Gold said in his ruling.
Gold isn't the only judge who is upset:
Gold became the second federal judge in recent weeks to raise concerns about the repercussions of the U.S. Sugar land deal on already-overdue Everglades restoration efforts.
U.S. District Judge Federico Moreno on March 31 ordered construction to resume on an Everglades restoration reservoir that had been shelved as the district tried to finalize the still-pending U.S. Sugar deal.
The unfinished reservoir in western Palm Beach County has already cost taxpayers almost $280 million.
The Miccosukee Tribe, which contends that Everglades restoration is off course, filed the legal challenges that led to both judges' rulings.
The tribe has also teamed with U.S. Sugar competitor Florida Crystals to wage a legal fight to try to stop the U.S. Sugar land deal.
They argue the deal threatens to take money from other restoration efforts, such as the reservoir, and would lead to further restoration delays.
"You are supposed to be cleaning up the water,'' Miccosukee attorney Dexter Lehtinen said. "They are abandoning the already existing plans. It's a deliberate ignoring of the requirements.''
Wednesday, April 14, 2010
He wanted to be a lawyer like his father, whom he admired and attempted to emulate.”
That was Mycki Ratzan in her sentencing memo for Kobie Gary. The sentencing was continued till this Friday because the DEA agent passed out under cross-examination by Jeff Weiner last week. The TCPalm covers the upcoming hearing and Kobie's background here:
In middle school, obese and hurting from a birth defect that “bowed” both legs, Kobie O. Gary was an ambitious student — determined to follow the path of his famed Stuart attorney father, Willie Gary.
***
Now, despite a “life-long dream” of attending law school, Gary’s defense attorneys admit his guilty plea in January to conspiracy to manufacture and distribute more than 100 marijuana plants has likely squelched that plan.
“Certainly this conviction ... could prevent him from getting a license to practice law,” Ratzan noted to U.S. District Judge K. Michael Moore. Prosecutors have targeted Gary as the boss of a Hobe Sound marijuana grow house seized in October that netted 237 plants.
In middle school, obese and hurting from a birth defect that “bowed” both legs, Kobie O. Gary was an ambitious student — determined to follow the path of his famed Stuart attorney father, Willie Gary.
***
Now, despite a “life-long dream” of attending law school, Gary’s defense attorneys admit his guilty plea in January to conspiracy to manufacture and distribute more than 100 marijuana plants has likely squelched that plan.
“Certainly this conviction ... could prevent him from getting a license to practice law,” Ratzan noted to U.S. District Judge K. Michael Moore. Prosecutors have targeted Gary as the boss of a Hobe Sound marijuana grow house seized in October that netted 237 plants.
Tuesday, April 13, 2010
New names to consider for Justice Stevens' seat
Here's the report:
A federal judge from Montana and the dean of Harvard's law school are among several names being added to the short list of potential nominees to the U.S. Supreme Court, a government source said.
Sidney Thomas, a 14-year veteran on the U.S. Court of Appeals for the 9th Circuit, is being vetted by the White House, said the source, who has been regularly consulted in the selection process.
Two women who were not on other published lists of potential candidates are now being seriously considered.
Harvard Law school dean Martha Minow has been on the school's faculty since 1981. And Elizabeth Warren heads the Congressional Oversight Panel, which reviews government efforts to boost the shaky financial and private investment sector. Neither woman has judicial experience.
Sources close to the selection process said the new names represent an effort to expand what had been a short list of candidates, many of them left over after last year's court vacancy was filled by Justice Sonia Sotomayor.
I think Martha Minow would be fantastic. She was my law school advisor so I got to know her a little bit: she's smart, compassionate, and hard-working.
A federal judge from Montana and the dean of Harvard's law school are among several names being added to the short list of potential nominees to the U.S. Supreme Court, a government source said.
Sidney Thomas, a 14-year veteran on the U.S. Court of Appeals for the 9th Circuit, is being vetted by the White House, said the source, who has been regularly consulted in the selection process.
Two women who were not on other published lists of potential candidates are now being seriously considered.
Harvard Law school dean Martha Minow has been on the school's faculty since 1981. And Elizabeth Warren heads the Congressional Oversight Panel, which reviews government efforts to boost the shaky financial and private investment sector. Neither woman has judicial experience.
Sources close to the selection process said the new names represent an effort to expand what had been a short list of candidates, many of them left over after last year's court vacancy was filled by Justice Sonia Sotomayor.
I think Martha Minow would be fantastic. She was my law school advisor so I got to know her a little bit: she's smart, compassionate, and hard-working.
Monday, April 12, 2010
Comment policy
So, should we keep the comment policy the same? Right now, you can post anonymously, but I moderate the comments to keep the hateful stuff from going up. Here's a NY Times piece about some new ways of moderating comments...
In other news, apparently people are upset with the law school clinics out there. Seems silly to me, but Rick Bascuas beware...
I'm searching for something locally to write about, but these tips aren't helping much.
So, back to Justice Stevens stuff then. How about Hilary Clinton for Supreme Court Justice?
In other news, apparently people are upset with the law school clinics out there. Seems silly to me, but Rick Bascuas beware...
I'm searching for something locally to write about, but these tips aren't helping much.
So, back to Justice Stevens stuff then. How about Hilary Clinton for Supreme Court Justice?
Friday, April 09, 2010
"My dear Mr. President"
That's how Justice John Paul Stevens, who turns 90 this month, addressed the letter to President Obama in his resignation letter of today. Here's the Washington Post article:
[H]e will leave the court at the conclusion of the current term at the end of June. Stevens said he was announcing now so that the president would have time to make a nomination and the Senate to confirm in time for the start of the court's new term next October.
It will be Obama's second Supreme Court appointment after Justice Sonia Sotomayor, who was named last year to replace retiring Justice David Souter.
Stevens was appointed to the high court by President Gerald Ford, and joined the court on Dec. 19, 1975. His retirement is not a surprise and the White House has been preparing for the opening. Aides and Democrats close to the process name three people as likely frontrunners for the job: Solicitor General Elena Kagan, who Obama made the first woman to hold that post, and two appellate court judges, Diane Wood of Chicago and Merrick Garland of Washington.
Kagan and Wood were interviewed by Obama last spring before he nominated Sotomayor to the court.
[H]e will leave the court at the conclusion of the current term at the end of June. Stevens said he was announcing now so that the president would have time to make a nomination and the Senate to confirm in time for the start of the court's new term next October.
It will be Obama's second Supreme Court appointment after Justice Sonia Sotomayor, who was named last year to replace retiring Justice David Souter.
Stevens was appointed to the high court by President Gerald Ford, and joined the court on Dec. 19, 1975. His retirement is not a surprise and the White House has been preparing for the opening. Aides and Democrats close to the process name three people as likely frontrunners for the job: Solicitor General Elena Kagan, who Obama made the first woman to hold that post, and two appellate court judges, Diane Wood of Chicago and Merrick Garland of Washington.
Kagan and Wood were interviewed by Obama last spring before he nominated Sotomayor to the court.
Down goes ...
... the DEA agent.
Jeff Weiner's cross must have been pretty good in the Kobie Gary (Willie's son) case. Here's the press coverage of what happened:
After a day and a half in federal court, convicted pot grower Kobie O. Gary will have to wait another week to learn his fate after the lead DEA agent in the case fainted Thursday on the witness stand, prompting the judge to clear the packed courtroom.
U.S. District Judge K. Michael Moore rescheduled Gary’s sentencing for April 16.
The abrupt cancellation came just before 2 p.m., as DEA Special Agent Darren Singleton, who’d been under intense questioning by Miami attorney Jeffrey Weiner, was about to reply when his head fell forward, hitting the stand in front of him.
Court officials scrambled to his aid.
U.S. District Judge K. Michael Moore rescheduled Gary’s sentencing for April 16.
The abrupt cancellation came just before 2 p.m., as DEA Special Agent Darren Singleton, who’d been under intense questioning by Miami attorney Jeffrey Weiner, was about to reply when his head fell forward, hitting the stand in front of him.
Court officials scrambled to his aid.
***
After a lunch break, Weiner was grilling Singleton about those phone calls and inconsistent statements Gibson appeared to make, compared to what he’d told authorities in two prior statements detailing his involvement.
Moments before Singleton fainted, Weiner had been accusing Gibson of lying to authorities, and had suggested Singleton knew Gibson was lying on Thursday.
As he left court with his extended family, Willie Gary expressed concern for the agent.
“I just hope he’s okay,” he said.
Moments before Singleton fainted, Weiner had been accusing Gibson of lying to authorities, and had suggested Singleton knew Gibson was lying on Thursday.
As he left court with his extended family, Willie Gary expressed concern for the agent.
“I just hope he’s okay,” he said.
Reports are coming back that the agent is okay and feeling better. That's a better result than the Scopes Monkey Trial, where William Jennings Bryan died shortly after testifying for the prosecution and after the withering cross examination by Clarence Darrow.
Wednesday, April 07, 2010
Seven defendants get hung jury in Judge Graham trial
UPDATE -- Sad to report that Judge Graham's mother passed away, so he wasn't present to declare the mistrial. It was Judge Jordan who did so while Judge Graham travelled out of town. Our thoughts are with Judge Graham...
After a two-month trial and over a week of deliberations,Judge Graham Judge Jordan declared a mistrial today in a mortgage fraud case. Interestingly, shortly before trial, Judge Graham severed the case, finding that a trial of 15 defendants at once would be too unyieldly. It will be interesting to see if the government retries this group of defendants before the next batch, or how it will work...
SECOND UPDATE -- A tipster emailed me that the lawyers are: Mike Smith; Len Fenn; Isreal Encinosa; Peter Patanzo; Scott Sakin; Orlando do Campo and Sherri Romano. Congrats to them.
After a two-month trial and over a week of deliberations,
SECOND UPDATE -- A tipster emailed me that the lawyers are: Mike Smith; Len Fenn; Isreal Encinosa; Peter Patanzo; Scott Sakin; Orlando do Campo and Sherri Romano. Congrats to them.
2 out of 3 ain't bad
Or in this case, 4 out of 6. Salesman was convicted of 4 of the 6 counts against him and is looking at about 7 years in federal prison. Judge Cohn revoked bond and sentencing will be in about 2 1/2 months.
- Posted using BlogPress from my iPhone
- Posted using BlogPress from my iPhone
Tuesday, April 06, 2010
"I am not going to testify, your honor"
That was Fitzroy Salesman to Judge Cohn yesterday as both sides rested. Today, closing arguments and the jury should have the case by lunchtime.
Everyone is starting to gear up for the Justice Stevens' retirement. The top three choices to fill his spot. from the AP:
Two of the three top contenders, Judge Diane Wood, 59, of the federal appeals court in Chicago and Solicitor General Elena Kagan, 49, were finalists last year when Obama chose Sonia Sotomayor to replace Justice David Souter.
Judge Merrick Garland, 57, of the federal appeals court in Washington, is a former high-ranking Justice Department official who is well respected and considered least likely to engender significant Republican opposition.
The three high court prospects have different strengths and weaknesses. But even conservative activists say any of the three would likely win confirmation in a Senate in which Democrats control 59 seats. Yet Republican Sen. Jon Kyl of Arizona said Sunday he would not rule out delaying tactics if Obama nominates "an overly ideological person."
A fight over a second Obama Supreme Court nominee could rev up both Democratic and Republican fundraising machines for the November election, even though Stevens' replacement by a liberal-leaning justice would not alter the court's ideological balance.
Still no Floridian.... (although Stevens does live in Ft. Lauderdale...)
Everyone is starting to gear up for the Justice Stevens' retirement. The top three choices to fill his spot. from the AP:
Two of the three top contenders, Judge Diane Wood, 59, of the federal appeals court in Chicago and Solicitor General Elena Kagan, 49, were finalists last year when Obama chose Sonia Sotomayor to replace Justice David Souter.
Judge Merrick Garland, 57, of the federal appeals court in Washington, is a former high-ranking Justice Department official who is well respected and considered least likely to engender significant Republican opposition.
The three high court prospects have different strengths and weaknesses. But even conservative activists say any of the three would likely win confirmation in a Senate in which Democrats control 59 seats. Yet Republican Sen. Jon Kyl of Arizona said Sunday he would not rule out delaying tactics if Obama nominates "an overly ideological person."
A fight over a second Obama Supreme Court nominee could rev up both Democratic and Republican fundraising machines for the November election, even though Stevens' replacement by a liberal-leaning justice would not alter the court's ideological balance.
Still no Floridian.... (although Stevens does live in Ft. Lauderdale...)
Sunday, April 04, 2010
I'm back
A big shout out to Rick Bascuas for stepping in last week while I was taking a little time with the kids for Spring Break.Some quick hits from while I was away:
1. Willie Gary's son is about to be sentenced by Judge Moore in Ft. Pierce. He has a new lawyer (Jeff Weiner) who will be "supervising" 6 other lawyers.
2. Miami's own Robert Glazier will be arguing Krupski v. Costa Crociere, case no. 09-337 in the U.S. Supreme Court this month for the Respondent. Also on the brief is David Horr, Stephanie Wylie, and Brian Scarry of Horr, Novak & Skipp. Here's the opinion from the 11th Circuit, which affirmed Judge Altonaga. The case in a nutshell: The plaintiff was injured on a cruise ship. Shortly before the limitations period ran, the plaintiff filed suit, but named as defendant the ticket seller, rather than the operator of the vessel. About five months later, after the limitations period ran, the plaintiff sued the proper defendant, the operator of the vessel. The question is whether the claim against the proper defendant relates back to the time of filing of the original complaint. The Supreme Court granted certiorari to address conflicting interpretations of Federal Rule of Civil Procedure 15(c).
3. Your top ten for the blog bracket:
SJ Scott
Fake Ed Williams fakeedwilliams
Rothstein's Cell Mate Nicholas
Dan Dan
Male Bondage II 3boysathome
Fake Bill Barzee Fake
ND in ND Jacob
Scooby Snacks quinnelk
SDFLA Blog * David
Medina other half
4. Apparently Rick's call for comments left some of you asking for the blog to be opened up again so that there wouldn't be moderation. Here's the thing -- it would be a lot easier for me not to screen the comments, but people are vicious in the comments and that's not what the blog is for. So I screen them. If you think a comment should go up and it doesn't, email me and we'll talk about it. But I'm not going to let the blog be used for anonymous attacks against people.
5. Wednesday, April 14 will be the fourth Federal Bar luncheon of the season at the Bankers Club. Honorable Barry Garber and Bob Josefsberg of Podhurst Orseck will be speaking.
Saturday, April 03, 2010
Signing off
One of the things I’ve been telling the JV-FPD team is that you can tell a lot about someone from reading what they write, even if it isn’t about them. So, you come to feel like you know your favorite author or your favorite musician pretty well. (P.J.’s band used to play at Bar in New Haven and their cassette was in my big yellow Sony Walkman when I walked to the D.C. Metro every day for my 2L internship. So, we go way back.)
For that reason, it was with not a little irritation that I read the two articles about Justice Stevens in the big newspapers today. The Post tracked him down in his SDFla home up in Fort Lauderdale (giving me an excuse to post this in D.O.M.’s space). The Times piece gives a Washington byline, so I guess Adam Liptak did his work by telephone. What irritates me is that they both described
him as leading the Court’s “liberal wing” which is just wrong. I have no problem with certain justices being slapped with ideological tags, but insisting that they all should bear one—that Stevens should—is simplistic. At least the Times let J.P.S. say that it’s wrong and explain a little something about having a jurisprudential philosophy.
If the writing wasn’t already on the wall, it is now. Stevens is out, probably in the next few days, with an outside chance that he’ll stay one more term, which is a far greater loss than the articles hint at. All the media care about is that the president will appoint another “liberal” because they don’t get that it’s intelligence and wisdom that matter. And I’m out, too. Back to my own page.
For that reason, it was with not a little irritation that I read the two articles about Justice Stevens in the big newspapers today. The Post tracked him down in his SDFla home up in Fort Lauderdale (giving me an excuse to post this in D.O.M.’s space). The Times piece gives a Washington byline, so I guess Adam Liptak did his work by telephone. What irritates me is that they both described
him as leading the Court’s “liberal wing” which is just wrong. I have no problem with certain justices being slapped with ideological tags, but insisting that they all should bear one—that Stevens should—is simplistic. At least the Times let J.P.S. say that it’s wrong and explain a little something about having a jurisprudential philosophy. If the writing wasn’t already on the wall, it is now. Stevens is out, probably in the next few days, with an outside chance that he’ll stay one more term, which is a far greater loss than the articles hint at. All the media care about is that the president will appoint another “liberal” because they don’t get that it’s intelligence and wisdom that matter. And I’m out, too. Back to my own page.
Friday, April 02, 2010
Your own bathroom and $27 million
That’s apparently what you get if you are abandoned by the spy who loved you. And married you. And then went back to Cuba. With the Ray Bans you bought him. As the New Times reports, Ana Margarita Martinez blames the Cuban government for her husband leaving her and somehow was awarded a $7 million default judgment by Miami-Dade Circuit Judge Alan Postman plus $20 million in punitive damages. And she feels absolutely entitled to the money: “Cuba has a debt with me. And Cuba has to pay it.”
Really, lady? You think you’ve got problems? Well, the Associate Dean is trying to get me to teach Evidence three days a week instead of giving me the two-day schedule I asked for. Since I only have to work at all because Cuba took my grandfathers’ stuff, by your logic Cuba should give me at least $80 million. Did I mention there’s been talk about my having to teach in the early morning?
To collect her “debt,” Martinez sued the charter companies who fly between the U.S. and Cuba, alleging that payments they make to a Cuban entity should be garnished to ease her pain. The charter companies removed the case to the SDFla, where the United States just filed a memo with The Chief saying that Martinez gave up her right to seek punitive damages and that she is not authorized to garnish anything anyway. It reads: “¿Que rayos se trae esta descarada?” Actually, los federales seem to be saying that furthering our foreign policy interests is more important than avenging a broken heart. Romance is dead in Washington.
Really, lady? You think you’ve got problems? Well, the Associate Dean is trying to get me to teach Evidence three days a week instead of giving me the two-day schedule I asked for. Since I only have to work at all because Cuba took my grandfathers’ stuff, by your logic Cuba should give me at least $80 million. Did I mention there’s been talk about my having to teach in the early morning? To collect her “debt,” Martinez sued the charter companies who fly between the U.S. and Cuba, alleging that payments they make to a Cuban entity should be garnished to ease her pain. The charter companies removed the case to the SDFla, where the United States just filed a memo with The Chief saying that Martinez gave up her right to seek punitive damages and that she is not authorized to garnish anything anyway. It reads: “¿Que rayos se trae esta descarada?” Actually, los federales seem to be saying that furthering our foreign policy interests is more important than avenging a broken heart. Romance is dead in Washington.
This is not a book you’re reading.
“I thought you didn’t read the comments.”
“I don’t. But I look at whether there are comments.”
“You said they were unaccountable and irrelevant.”
“They are.”
“So what’s the problem?”
That was D.O.M. losing patience with me again. He’s not as bothered by the drop in audience participation as I am. I’m starting to feel like those old people who slowly read the news on NPR, oblivious that they’re producing nothing but a white noise machine.
“Isn’t this a participatory medium? Isn’t the whole point that it’s democratic and open so that everyone can throw his two cents in?”
“So that you can not read what they write?”
“Why are we going in circles with this? What I’m saying is that no one is throwing any cents in. Why does it matter whether I read them?”
“Look, I have work to do. I’ll talk to you later.”
“Whatever, man.”
“I don’t. But I look at whether there are comments.”
“You said they were unaccountable and irrelevant.”
“They are.”
“So what’s the problem?”
That was D.O.M. losing patience with me again. He’s not as bothered by the drop in audience participation as I am. I’m starting to feel like those old people who slowly read the news on NPR, oblivious that they’re producing nothing but a white noise machine.“Isn’t this a participatory medium? Isn’t the whole point that it’s democratic and open so that everyone can throw his two cents in?”
“So that you can not read what they write?”
“Why are we going in circles with this? What I’m saying is that no one is throwing any cents in. Why does it matter whether I read them?”
“Look, I have work to do. I’ll talk to you later.”
“Whatever, man.”
Thursday, April 01, 2010
This land is your land, this land is my land.
In a case filed when I was in high school, the Chief agreed with the Miccosukees yesterday that their lands are being polluted while Florida and the United States figure out how to fix the Everglades. From what I can tell, Special Master John Barkett had recommended a few years back that a reservoir be built. But then the Governor announced a plan to buy up all of U.S. Sugar’s land, which would be even better than a reservoir. Then the economy tanked, and Florida could no longer afford to buy lots of vacant land. Plus, as the Times suggested earlier this month, the whole idea is economically dubious.
The whole matter of restoring the Everglades is, from what I can tell from these filings, really complicated and involves science and phosphorous levels and a case about a permit before Judge Middlebrooks that I don’t even want to get into. Anyway, yesterday, the Chief said, enough is enough; let’s get on with it:
Dexter Lehtinen represents the Tribe.
The whole matter of restoring the Everglades is, from what I can tell from these filings, really complicated and involves science and phosphorous levels and a case about a permit before Judge Middlebrooks that I don’t even want to get into. Anyway, yesterday, the Chief said, enough is enough; let’s get on with it:The Court has afforded a good deal of time for the parties to pursue the land deal and determine its viability before compelling the construction of the EAA A-1 Reservoir. Indeed, the Court is only now adopting the Special Master’s Report of July 5, 2006. ... Circumstances have changed despite the best efforts of Governor Crist and the State Parties to materialize a deal that would benefit Everglades Restoration, beyond the benefits of the EAA A-1 Reservoir. The Tribe, however, has convinced this Court with its practical arguments that their lands will ultimately be sacrificed to nutrient pollution and the time has come for the Court to require the parties to abide by commitments made in this litigation.Still, construction may not be exactly imminent. Citing federalism concerns and noting that technology may open avenues that were unavailable in 2006, the Chief noted that the parties could file 60(b)(5) motions and that Barkett could revise his recommendation.
Dexter Lehtinen represents the Tribe.
Wednesday, March 31, 2010
It’s only too hard for you.
Even though I actually went downtown today and even had lunch at La Loggia, I didn’t come across anything weird or strange. So, chew on this:
The Supreme Court decided today by a 5-4 vote that José Padilla’s lawyer could and should have advised him regarding the immigration consequences of pleading guilty. This José Padilla was not born in the United States. He pled guilty to a drug crime but claimed his lawyer told him that the plea would not affect his permanent residency. (Ha!) Justice Stevens lets you know how this is going to turn out in his opening lines:
(J.P.S., by the way, served in the Pacific from the time he was 22 to the time he was 25. It freaks out the law students when I tell them, “When Stevens was your age, he was fighting the Japanese.” I think they have trouble comprehending that anyone who fought in WWII is still alive, much less holding down a job, much less writing opinions.)
Skipping ahead, we find that four Justices of the Supreme Court do not believe that a defendant’s counsel should try to explain the immigration consequences of pleading guilty because it’s too hard. Alito and Roberts say in their concurrence that defense lawyers would be better off saying nothing more than that adverse immigration consequences may result: “Because many criminal defense attorneys have little understanding of immigration law, it should follow that a criminal defense attorney who refrains from providing immigration advice does not violate prevailing professional norms.” And Scalia and Thomas go even further and say that anything other than the sentence is beside the point:
The Supreme Court decided today by a 5-4 vote that José Padilla’s lawyer could and should have advised him regarding the immigration consequences of pleading guilty. This José Padilla was not born in the United States. He pled guilty to a drug crime but claimed his lawyer told him that the plea would not affect his permanent residency. (Ha!) Justice Stevens lets you know how this is going to turn out in his opening lines:
Petitioner Jose Padilla, a native of Honduras, has been a lawful permanent resident of the United States for more than 40 years. Padilla served this Nation with honor as a member of the U. S. Armed Forces during the Vietnam War.OK, got it, he wins.
(J.P.S., by the way, served in the Pacific from the time he was 22 to the time he was 25. It freaks out the law students when I tell them, “When Stevens was your age, he was fighting the Japanese.” I think they have trouble comprehending that anyone who fought in WWII is still alive, much less holding down a job, much less writing opinions.)Skipping ahead, we find that four Justices of the Supreme Court do not believe that a defendant’s counsel should try to explain the immigration consequences of pleading guilty because it’s too hard. Alito and Roberts say in their concurrence that defense lawyers would be better off saying nothing more than that adverse immigration consequences may result: “Because many criminal defense attorneys have little understanding of immigration law, it should follow that a criminal defense attorney who refrains from providing immigration advice does not violate prevailing professional norms.” And Scalia and Thomas go even further and say that anything other than the sentence is beside the point:
In the best of all possible worlds, criminal defendants contemplating a guilty plea ought to be advised of all serious collateral consequences of conviction, and surely ought not to be misadvised. The Constitution, however, is not an all-purpose tool for judicial construction of a perfect world ... .How this was not 9-0 entirely escapes me. How is banishment not a criminal penalty? Wasn’t exile to Siberia a favored punishment of the czars or am I misremembering something? Is this supposedly not punishment because it’s specified in Title 8 rather than Title 18? The more offensive part of this is that the Justices never disclaim expertise over any corner of the law comprised by their vast general jurisdiction. They have no trouble grasping the finer points of criminal law and immigration law as well as patent law, military law, antitrust, bankruptcy, labor, tax, admiralty, whatever. But that’s Alito, Scalia, Roberts, and Thomas—not you.
Tuesday, March 30, 2010
How the ball bounces
Judge Marra just dealt a blow to the successor to the investors in the failed restaurant and memorabilia emporium, D. Wade’s Place, something I had no idea had ever existed. It seems, according to the order dismissing the complaint, that there is no legal basis for their contention that Dwyane (that’s how that’s apparently spelled) was monopolizing memorabilia by failing to perform on a contract that gave the investors
Bilzen Sumberg &c. and the Tampa outpost of DLA Piper filed the motion.
(Having come to the end of this post, I have to confess that I’m a little surprised D.O.M. doesn’t have Blog tags for the Heat or Wade.)
the right to use his name, fame, nickname, initials, autograph, voice, video or film portrayals, facsimile or original signature, photograph, likeness, and image or facsimile image without Wade’s consent to create personalized memorabilia featuring Wade which could be sold at the restaurants.I know, I know. You’ve just experienced a certain loss of innocence. Basketball’s all just about making money. Let’s move on.
Plaintiff alleges that the relevant product market in this case is Dwyane Wade personalized sports memorabilia. Plaintiff contends that “[t]here is no substitute for Wade-personalized sports memorabilia (‘Wade Memorabilia’), especially in southern Florida, where the Miami Heat plays."Quoting heavily from a series of antitrust decisions, Judge Marra observed, and I’m paraphrasing here, that things that are cool—e.g., a Yale education, the make-up from Cats, tickets to Phantom, Pepsi, NBC Must See TV—do not constitute their own relevant markets just because they’re cool.
Bilzen Sumberg &c. and the Tampa outpost of DLA Piper filed the motion.
(Having come to the end of this post, I have to confess that I’m a little surprised D.O.M. doesn’t have Blog tags for the Heat or Wade.)
Monday, March 29, 2010
It’s quiet ... too quiet
I didn’t mention this when D.O.M. called and said he needed to focus on work for a while, but I have no idea what’s going on in the SDFla. Judge Jordan dropped by my JV-FPD class last week to explain what goes on behind the curtain at the Eleventh Circuit—which went so well I could have sold tickets. But other than that I’ve pretty much been buried by work without contact with the outside world. Skimming over the Blog, it seems like all I missed was that Justice O’Connor came to town to cut the ribbon on the new courthouse cafeteria. Or something. Anyway, as far as I can tell, there’s nothing going on. The DBR’s web site reports that the deal between UBS and the U.S. may be unraveling. Whatever. That impasse was in the news the last time I was pinch-hitting in this space. Look, people, the whole reason why this district merits its own blog is that weird and bizarre stuff happens here. If you’re all just going to behave normally, then what’s the point?
Saturday, March 27, 2010
Spring Break Guest Blogger (WITH AN UPDATE RE MAGISTRATE POSITION)
I'm taking Spring Break off from blogging. You'll be happy to know that Professor Rick Bascuas has agreed to step in for the week. Rick can usually be found blogging over here. See you guys soon.
UPDATED -- Well, just before I got off the grid, I got a tip that the new magistrate position went to Jonathan Goodman. I have no idea whether this is correct or not as I have not been able to confirm it. But since I'm not a real journalist, I figured I would post it. If it is JG, I congratulate him and believe he will be great! If I'm wrong, please let me know so I can fix this...
Thursday, March 25, 2010
So who is the new Magistrate?
The judges interviewed and then picked the new magistrate today. But the choice isn't public yet. When asked who was selected, Chief Judge Moreno said this:
"The most qualified applicant was chosen pending an FBI investigation. Consistent with the rules of the Judicial Conference it remains confidential until finalized."
But once the FBI calls start, it will be all over town.... If you all hear anything, send me an email and I will keep it confidential. Thanks!
Previous coverage here.
"The most qualified applicant was chosen pending an FBI investigation. Consistent with the rules of the Judicial Conference it remains confidential until finalized."
But once the FBI calls start, it will be all over town.... If you all hear anything, send me an email and I will keep it confidential. Thanks!
Previous coverage here.
All quiet in the District?
Talk to me people. Anyone in trial?
In the meantime, here's Breyer and Scalia squaring off again. From the BLT:
Breyer and Scalia challenged each other the most over statutory construction, with Scalia insisting that looking to the words of the law and nothing else is the best way to discern its meaning. That's because members of Congress actually vote for -- and can be held accountable for -- the actual text of the law, unlike committee reports and other documents drafted by "teenagers," to support their own views of the law, as Scalia put it with disdain. The legislators don't read those documents anyway, Scalia said. "Congress passes laws, not conference reports."
By that standard, Breyer replied, the words of the statute don't mean much either, because members of Congress don't read every word of the statute. A onetime Senate staffer, Breyer was far more willing to put his trust in a legislator and his or her staff to know a law's purpose as well as its words. Breyer seeks out evidence of a law's intent and context, he said, as the way to resolve disputes over its meaning. That approach, Breyer added, is more understandable to the public.
Scalia responded with exaggerated dismay. "I never heard that one before," he said. "Judging is best when it is most accessible to the public?" Scalia then launched into his oft-heard refrain about the public's lack of understanding of the work of courts, which he attributed to the news media's penchant for only reporting who won or lost, not the reasoning of a decision. "Was it the poor old widow, or the terrible insurance company?" Scalia said. "The stuff we have to decide is difficult, arcance ... not in the reach of everyone."
Breyer then suggested that Scalia had misinterpreted what he had said, though it was not entirely clear. If it was an argument Scalia had never heard before, Breyer said, "I wish you would think about it."
If one was listening to the debate for hints of the justices' views about current events, the pickings were slim. Scalia said, as he has before, that he will "never understand" how the text of the Contitution confers a right to an abortion.
And Scalia repeatedly spoke of the anti-democratic tendency of people nowadays to ask the courts, not legislators, to resolve issues. It's anti-democratic, he said, because "once something is declared unconstitutional, it is off the stage of democracy," whereas getting legislators to change laws or even amend the Constitution is the better way to go. "Once it is a right, we cannot vote about it."
In other out-of-district news, how funny is this lawsuit:
An official in the South Carolina House says Showtime Networks and HBO defamed him when they advertised the broadcast of an independent film he produced and co-starred in - "The Hills Have Thighs" - then showed a soft-core porn flick instead. James "Bubba" Cromer Jr. sued the media companies in Los Angeles Superior Court. Cromer, "elected Reading Clerk for the South Carolina House of Representatives," and a sometime filmmaker, said he was channel surfing on March 1, when, "to his delight," he saw that his second film, "The Hills have Thighs," was scheduled to debut on Showtime's The Movie Channel in the early morning on March 2. It would have been the first time one of Cromer's films had been shown on television. His first, "The Long Way Home: A Bigfoot Story," was shown at South Carolina's inaugural Indie Grits Film Festival in 2007, and was later named Best Narrative Feature at the New York International Independent Film and Video Festival. "The Hills Have Thighs" was completed the following year. Cromer, who wrote, directed and co-starred in the "Appalachian comedy," says the plot involves the mysterious disappearance of a "local hillbilly icon." Cromer claims he assumed the putative broadcast was the work of his newly hired talent agent. He says he tried to call the agent, but couldn't reach him. He claims his flick also was advertised for subsequent showing on HBO and pay per view. "Celebrating what they believed to be an exciting and wonderful event," Cromer says he and his father called family, friends, fellow lawmakers and members of the cast to make sure they watched or recorded the show. Cromer said he "also invited several thousand other friends and associates to watch via Twitter and Facebook."
***
To Cromer's horror, however, "the film which was announced to be his work, 'The Hills Have Thighs,' was in fact soft core pornography" that he had "nothing whatsoever to do with." Cromer said he had to spend a long, sleepless night, fielding emails, phone calls and text messages about the porn flick and its association with his name.
In the meantime, here's Breyer and Scalia squaring off again. From the BLT:
Breyer and Scalia challenged each other the most over statutory construction, with Scalia insisting that looking to the words of the law and nothing else is the best way to discern its meaning. That's because members of Congress actually vote for -- and can be held accountable for -- the actual text of the law, unlike committee reports and other documents drafted by "teenagers," to support their own views of the law, as Scalia put it with disdain. The legislators don't read those documents anyway, Scalia said. "Congress passes laws, not conference reports."
By that standard, Breyer replied, the words of the statute don't mean much either, because members of Congress don't read every word of the statute. A onetime Senate staffer, Breyer was far more willing to put his trust in a legislator and his or her staff to know a law's purpose as well as its words. Breyer seeks out evidence of a law's intent and context, he said, as the way to resolve disputes over its meaning. That approach, Breyer added, is more understandable to the public.
Scalia responded with exaggerated dismay. "I never heard that one before," he said. "Judging is best when it is most accessible to the public?" Scalia then launched into his oft-heard refrain about the public's lack of understanding of the work of courts, which he attributed to the news media's penchant for only reporting who won or lost, not the reasoning of a decision. "Was it the poor old widow, or the terrible insurance company?" Scalia said. "The stuff we have to decide is difficult, arcance ... not in the reach of everyone."
Breyer then suggested that Scalia had misinterpreted what he had said, though it was not entirely clear. If it was an argument Scalia had never heard before, Breyer said, "I wish you would think about it."
If one was listening to the debate for hints of the justices' views about current events, the pickings were slim. Scalia said, as he has before, that he will "never understand" how the text of the Contitution confers a right to an abortion.
And Scalia repeatedly spoke of the anti-democratic tendency of people nowadays to ask the courts, not legislators, to resolve issues. It's anti-democratic, he said, because "once something is declared unconstitutional, it is off the stage of democracy," whereas getting legislators to change laws or even amend the Constitution is the better way to go. "Once it is a right, we cannot vote about it."
In other out-of-district news, how funny is this lawsuit:
An official in the South Carolina House says Showtime Networks and HBO defamed him when they advertised the broadcast of an independent film he produced and co-starred in - "The Hills Have Thighs" - then showed a soft-core porn flick instead. James "Bubba" Cromer Jr. sued the media companies in Los Angeles Superior Court. Cromer, "elected Reading Clerk for the South Carolina House of Representatives," and a sometime filmmaker, said he was channel surfing on March 1, when, "to his delight," he saw that his second film, "The Hills have Thighs," was scheduled to debut on Showtime's The Movie Channel in the early morning on March 2. It would have been the first time one of Cromer's films had been shown on television. His first, "The Long Way Home: A Bigfoot Story," was shown at South Carolina's inaugural Indie Grits Film Festival in 2007, and was later named Best Narrative Feature at the New York International Independent Film and Video Festival. "The Hills Have Thighs" was completed the following year. Cromer, who wrote, directed and co-starred in the "Appalachian comedy," says the plot involves the mysterious disappearance of a "local hillbilly icon." Cromer claims he assumed the putative broadcast was the work of his newly hired talent agent. He says he tried to call the agent, but couldn't reach him. He claims his flick also was advertised for subsequent showing on HBO and pay per view. "Celebrating what they believed to be an exciting and wonderful event," Cromer says he and his father called family, friends, fellow lawmakers and members of the cast to make sure they watched or recorded the show. Cromer said he "also invited several thousand other friends and associates to watch via Twitter and Facebook."
***
To Cromer's horror, however, "the film which was announced to be his work, 'The Hills Have Thighs,' was in fact soft core pornography" that he had "nothing whatsoever to do with." Cromer said he had to spend a long, sleepless night, fielding emails, phone calls and text messages about the porn flick and its association with his name.
Tuesday, March 23, 2010
Congrats to Judge Huck
Our very own Judge Paul C. Huck received the Lifetime Achievement Award from the Jewish Federation tonight at the Hilton. Also honored: Judge Scott J. Silverman (Community Service Award) and Donald I. Bierman (Ted Klein Award).
My concern is that there are a few in the defense bar who see blood in the water...
...and are determined to attack the department’s prosecutors indiscriminately — and without any factual basis."
That was Lanny Breuer, assistant attorney general for the criminal division. John Pacenti covered the story in this week's Justice Watch column. Guy Lewis countered Mr. Breuer:
Former interim U.S. Attorney Guy Lewis, now a partner with Lewis Tein in Miami, said the pressures can be enormous. Telling an investigating agency that a completed investigation must be dropped without charges is the hardest part of the job for any prosecutor, he said. “There are going to be instances where prosecutors make mistakes. I did,” Lewis conceded. “What is important is for the prosecutor to own up to it.” He said the aggressiveness that is leading to some of the misconduct cases may stem from the war on terror. “The terrorism issue has spilled in a bad way into other more conventional-type cases,” he said. “I’m not saying aggressiveness is bad. But what I am saying is when you start throwing 95, 96, 97 mph fastballs, you got to be real careful about that.” Breuer said the Justice Department is addressing the discovery issue at the heart of the current misconduct allegations. Federal prosecutors must turn over any exculpatory evidence and evidence that could be used to impeach government witnesses. Holder is requiring all prosecutors, no matter how experienced, to take new discovery training. “We are confident that, through this comprehensive approach, we are equipped to meet our discovery obligations and minimize prosecutorial error,” Breuer said.
What do you guys think? Is there a problem out there with prosecutors and discovery? Or are defense attorneys filing motions without any factual basis? Or both?
That was Lanny Breuer, assistant attorney general for the criminal division. John Pacenti covered the story in this week's Justice Watch column. Guy Lewis countered Mr. Breuer:
Former interim U.S. Attorney Guy Lewis, now a partner with Lewis Tein in Miami, said the pressures can be enormous. Telling an investigating agency that a completed investigation must be dropped without charges is the hardest part of the job for any prosecutor, he said. “There are going to be instances where prosecutors make mistakes. I did,” Lewis conceded. “What is important is for the prosecutor to own up to it.” He said the aggressiveness that is leading to some of the misconduct cases may stem from the war on terror. “The terrorism issue has spilled in a bad way into other more conventional-type cases,” he said. “I’m not saying aggressiveness is bad. But what I am saying is when you start throwing 95, 96, 97 mph fastballs, you got to be real careful about that.” Breuer said the Justice Department is addressing the discovery issue at the heart of the current misconduct allegations. Federal prosecutors must turn over any exculpatory evidence and evidence that could be used to impeach government witnesses. Holder is requiring all prosecutors, no matter how experienced, to take new discovery training. “We are confident that, through this comprehensive approach, we are equipped to meet our discovery obligations and minimize prosecutorial error,” Breuer said.
What do you guys think? Is there a problem out there with prosecutors and discovery? Or are defense attorneys filing motions without any factual basis? Or both?
New snack bar/cafeteria finally opened!
Go check it out on the 5th floor of the Ferguson courthouse!
Sunday, March 21, 2010
Public corruption trial begins for former Miramar Commissioner Fitzroy Salesman
Here's the preview article by the Sun-Sentinel. Should be interesting:
The defense's case is more unpredictable. Salesman's attorney, Jamie Benjamin, said his client denies that he did anything criminal. One possible argument floated by the defense is that Salesman can't be accused of abusing his office because he was suspended at the time of some of the alleged offenses, due to unrelated legal problems.Benjamin also planned to put on a defense of entrapment."The government turned a casual friendship with Mr. Salesman, where he was more than happy to do favors for people who had befriended him, into one where, like any organized crime ring, they got their tentacles around him," Benjamin wrote in court documents.But U.S. District Judge James Cohn's rulings last week left the defense concerned that if they go too far in accusing the FBI of entrapment, misconduct or racist motivations, it could open the door for prosecutors to tell the jury more unflattering information about Salesman.Cohn ruled Friday there was no evidence of racial hostility, as the defense alleged, in the federal investigation of Salesman, who is black."In addition, the court finds no evidence of governmental misconduct, much less outrageous governmental misconduct," the judge said, rejecting a defense request to dismiss some of the charges.
The defense's case is more unpredictable. Salesman's attorney, Jamie Benjamin, said his client denies that he did anything criminal. One possible argument floated by the defense is that Salesman can't be accused of abusing his office because he was suspended at the time of some of the alleged offenses, due to unrelated legal problems.Benjamin also planned to put on a defense of entrapment."The government turned a casual friendship with Mr. Salesman, where he was more than happy to do favors for people who had befriended him, into one where, like any organized crime ring, they got their tentacles around him," Benjamin wrote in court documents.But U.S. District Judge James Cohn's rulings last week left the defense concerned that if they go too far in accusing the FBI of entrapment, misconduct or racist motivations, it could open the door for prosecutors to tell the jury more unflattering information about Salesman.Cohn ruled Friday there was no evidence of racial hostility, as the defense alleged, in the federal investigation of Salesman, who is black."In addition, the court finds no evidence of governmental misconduct, much less outrageous governmental misconduct," the judge said, rejecting a defense request to dismiss some of the charges.
Bracket busting...
What a great first round of the tourney. Here is your top ten after Rounds 1 & 2:
1. ND in ND Jacob
2. Fake Ed Williams fakeedwilliams
3. Male Bondage II 3boysathome
4. Fake Bill Barzee Fake
5. Well Hung Jury Micah
6. SDFLA Blog * David
7. Male Bondage 3boysathome
8. EDCAjohn jpb95816
9. SJ Scott
10. Dan Dan
1. ND in ND Jacob
2. Fake Ed Williams fakeedwilliams
3. Male Bondage II 3boysathome
4. Fake Bill Barzee Fake
5. Well Hung Jury Micah
6. SDFLA Blog * David
7. Male Bondage 3boysathome
8. EDCAjohn jpb95816
9. SJ Scott
10. Dan Dan
Thursday, March 18, 2010
Wednesday, March 17, 2010
St. Patrick Day News & Notes
1. Suspended Broward School Board member Beverly Gallagher pleaded guilty today. She'll do about three years in federal prison. (via Miami Herald)
2. "Wachovia Bank charged with violating anti-money laundering law" (via Miami Herald). Wachovia has agreed to pay $160 million in the deferred prosecution agreement:
Federal authorities in Miami have filed criminal charges against Wachovia Bank, alleging it failed to block Mexican currency exchange houses from laundering $110 million in drug proceeds through the bank, officials said Wednesday.
Wachovia Bank, a subsidiary of Wells Fargo & Co., will avoid criminal prosecution by agreeing to pay a $50 million fine and forfeit the $110 million, officials said.
The bank must also implement stronger anti-money laundering systems.
Prosecutors with the U.S. attorney's office, along with officials from the Drug Enforcement Administration, plan to hold a news conference Wednesday afternoon on the allegations.
Wachovia, charged with violating the U.S. Bank Secrecy Act, got out of the foreign money-transfer business two years ago.
In a statement published Monday in the Wall Street Journal, Wells Fargo said: ``We look forward to resolving this issue and are committed to maintaining compliant and effective anti-money laundering policies and practices, and a strong compliance and risk management culture across the integrated organization."
One of lawyers representing the bank is Nick Bourtin of Sullivan & Cromwell. Bourtin clerked for Judge Moreno.
3. It's not too late to fill out your brackets! Click here at the free blog pool. The password is sdflablog
2. "Wachovia Bank charged with violating anti-money laundering law" (via Miami Herald). Wachovia has agreed to pay $160 million in the deferred prosecution agreement:
Federal authorities in Miami have filed criminal charges against Wachovia Bank, alleging it failed to block Mexican currency exchange houses from laundering $110 million in drug proceeds through the bank, officials said Wednesday.
Wachovia Bank, a subsidiary of Wells Fargo & Co., will avoid criminal prosecution by agreeing to pay a $50 million fine and forfeit the $110 million, officials said.
The bank must also implement stronger anti-money laundering systems.
Prosecutors with the U.S. attorney's office, along with officials from the Drug Enforcement Administration, plan to hold a news conference Wednesday afternoon on the allegations.
Wachovia, charged with violating the U.S. Bank Secrecy Act, got out of the foreign money-transfer business two years ago.
In a statement published Monday in the Wall Street Journal, Wells Fargo said: ``We look forward to resolving this issue and are committed to maintaining compliant and effective anti-money laundering policies and practices, and a strong compliance and risk management culture across the integrated organization."
One of lawyers representing the bank is Nick Bourtin of Sullivan & Cromwell. Bourtin clerked for Judge Moreno.
3. It's not too late to fill out your brackets! Click here at the free blog pool. The password is sdflablog
Justice O'Connor's reception
Justice O'Connor's reception last night was a success. Lots of judges, lawyers, and law clerks came by to see the legal legend who is in town this week as a visiting judge in the 11th Circuit court of appeals. Here she is with incoming U.S. Attorney Willy Ferrer, Jackie Becerra (Greenberg Traurig), and Bill Roppolo (president of the Federal Bar Association; Baker McKenzie). Willy wore his green tie a day too early! Happy St. Patrick's Day!
Tuesday, March 16, 2010
Justice Sandra Day O'Connor is in the house
Tonight from 5:30-7:30 at the Federal Courthouse, the Federal Bar Association will be honoring her. Stop by and say hello.
In other news, Scott Rothstein is snitching against mobsters:
Pretending he was being dogged by the FBI and needed help, Rothstein allegedly talked Settineri into tearing up two boxes of documents and laundering $79,000 from Rothstein's massive investment racket, according to sources familiar with the case.
"He knew Settineri,'' a source said. ``He was able to chat up Settineri.''
For helping bring down Settineri, Rothstein could end up in the federal Witness Protection Program -- with a new identity, but inside a prison with special protection. Rothstein, 47, faces up to 100 years at his sentencing May 6.
"He knew Settineri,'' a source said. ``He was able to chat up Settineri.''
For helping bring down Settineri, Rothstein could end up in the federal Witness Protection Program -- with a new identity, but inside a prison with special protection. Rothstein, 47, faces up to 100 years at his sentencing May 6.
Jeff Weiner (not Jeff Sloman) represents Settineri. Weiner must be salivating at the chance to cross Rothstein...
Monday, March 15, 2010
March Madness is here
Fill out your brackets here at the free blog pool. The password is sdflablog
And yes judges, you can play too!
And yes judges, you can play too!
Sunday, March 14, 2010
Friday, March 12, 2010
Attorney lounge dedicated to Judge Eugene Spellman
There was a really nice luncheon today at the federal courthouse, naming the attorney lounge on the 14th floor the Eugene Spellman Attorney Lounge. Judge John O'Sullivan gave a great speech about Spellman -- telling stories about how Spellman judged cases and taught young lawyers. It was very funny and one got a sense of why everyone loved Spellman. Judge Spellman's wife and son were present. Harry Solomon was also honored for his work on the CJA panel.
The lounge itself is very nice, with a big flat-screen TV, couches and places to plug-in for computers.
The NY Times wrote this obit about Spellman back in 1991:
Judge Eugene P. Spellman, an 11-year veteran of Federal District Court who was known for innovative sentences and supporting social causes, died of cancer today at Mercy Hospital. He was 60 years old.
Judge Spellman was absent from the bench only a week before his death.
He crafted a novel sentence that withstood a challenge in the tax-evasion case of the industrialist Victor Posner, a millionaire who was ordered to give $3 million to the homeless and to serve meals in a shelter.
In other cases, the judge decried "underhanded tactics" used by Federal immigration officials against Haitian immigrants and released on bond a prisoner with AIDS after ruling that the Bureau of Prisons did not offer the prisoner adequate medical treatment.
In a case involving religious freedom, Judge Spellman ruled that public health and needs outweighed the tenets of the Afro-Cuban Santeria religion and upheld ordinances banning animal sacrifices in the Miami suburb of Hialeah.
He presided over the 1985 trial of Hernan Botero, a Colombian financier who was convicted of laundering $57 million in drug money, as well as drug cases involving former Government ministers of the Turks and Caicos Islands in the Caribbean and a former agent for the Federal Bureau of Investigation.
Judge Spellman, who was nominated to the Federal bench by President Jimmy Carter in 1979, was to be honored Wednesday as an outstanding jurist by the Dade County Bar Association.
He is survived by his wife, Robin, and sons Michael and James.
The lounge itself is very nice, with a big flat-screen TV, couches and places to plug-in for computers.
The NY Times wrote this obit about Spellman back in 1991:
Judge Eugene P. Spellman, an 11-year veteran of Federal District Court who was known for innovative sentences and supporting social causes, died of cancer today at Mercy Hospital. He was 60 years old.
Judge Spellman was absent from the bench only a week before his death.
He crafted a novel sentence that withstood a challenge in the tax-evasion case of the industrialist Victor Posner, a millionaire who was ordered to give $3 million to the homeless and to serve meals in a shelter.
In other cases, the judge decried "underhanded tactics" used by Federal immigration officials against Haitian immigrants and released on bond a prisoner with AIDS after ruling that the Bureau of Prisons did not offer the prisoner adequate medical treatment.
In a case involving religious freedom, Judge Spellman ruled that public health and needs outweighed the tenets of the Afro-Cuban Santeria religion and upheld ordinances banning animal sacrifices in the Miami suburb of Hialeah.
He presided over the 1985 trial of Hernan Botero, a Colombian financier who was convicted of laundering $57 million in drug money, as well as drug cases involving former Government ministers of the Turks and Caicos Islands in the Caribbean and a former agent for the Federal Bureau of Investigation.
Judge Spellman, who was nominated to the Federal bench by President Jimmy Carter in 1979, was to be honored Wednesday as an outstanding jurist by the Dade County Bar Association.
He is survived by his wife, Robin, and sons Michael and James.
The Broward Bar Association has nothing better to do...
... than ask whether the JAABlog is acting professionally. From this morning's DBR:
A Broward County Bar Association committee will meet to determine whether the legal blog JAABlog — the premiere place for courthouse gossip — meets its professional standards. The professionalism committee plans to hold a closed-door meeting April 1 at the behest of association president Carlos Llorente.
Closed door? Really? I guess that they can regulate the internet or punish lawyers, right?
But the Broward County Bar Association does not have any authority to regulate or punish lawyers. Judges may have themselves to blame for some of the blog activity. Two Broward judges were charged by the state judicial watchdog with ethics violations in the past two weeks. Llorente said he has received a number of recent complaints after someone posted racial slurs on JAABlog. The comments have been removed, and the blog states the poster has been banned. “When I see lawyers in Broward County acting unprofessionally or complaints of lawyers acting unprofessionally, my obligation as president of the Broward County Bar Association is to act upon that,” Llorente said. “We’re all trying to figure out if there’s something that can or should be done. … We have no agenda, no plan. We’re just investigating it.” He said the committee will examine the blog as a whole, not just the derogatory comments. Gelin’s response? “Bring it on.” “I frankly welcome it as an opportunity to gain more exposure for the blog and our message,” he said. “This seems to be hugely ironic that they seem to have a problem with a communication medium that, despite the fact there’s a lot of negativity on there, has done more to reform this county than their organization has done since day one.” Gelin is not concerned about violating Florida Bar rules, saying he is cognizant about not crossing the line. The Florida Bar told the Review that Gelin does not face any complaints.
The Broward Blog has done an excellent job exposing serious problems in the justice system. So what's the problem?
Llorente insists the issue lies with Gelin’s extracurricular activities. “I have no problem with him being a journalist,” Llorente said. “If he wants to be an expose-type journalist, so be it. But do it as a journalist. Don’t pose as a lawyer with an inside knowledge.” When asked what is specifically offensive about the blog, Llorente said he would withhold comment until he hears from the professionalism committee.
Huh? Does that make any sense to anyone? Maybe the Broward Bar Association should be asking whether the judges and lawyers that the blog continues to expose are acting professionally....
UPDATE -- SFL weighs in here: "Let me offer a prediction: by convening such a panel the BCBA likely will do more to discredit and denigrate their own organization than anything some goofball could ever post anonymously on a blog."
A Broward County Bar Association committee will meet to determine whether the legal blog JAABlog — the premiere place for courthouse gossip — meets its professional standards. The professionalism committee plans to hold a closed-door meeting April 1 at the behest of association president Carlos Llorente.
Closed door? Really? I guess that they can regulate the internet or punish lawyers, right?
But the Broward County Bar Association does not have any authority to regulate or punish lawyers. Judges may have themselves to blame for some of the blog activity. Two Broward judges were charged by the state judicial watchdog with ethics violations in the past two weeks. Llorente said he has received a number of recent complaints after someone posted racial slurs on JAABlog. The comments have been removed, and the blog states the poster has been banned. “When I see lawyers in Broward County acting unprofessionally or complaints of lawyers acting unprofessionally, my obligation as president of the Broward County Bar Association is to act upon that,” Llorente said. “We’re all trying to figure out if there’s something that can or should be done. … We have no agenda, no plan. We’re just investigating it.” He said the committee will examine the blog as a whole, not just the derogatory comments. Gelin’s response? “Bring it on.” “I frankly welcome it as an opportunity to gain more exposure for the blog and our message,” he said. “This seems to be hugely ironic that they seem to have a problem with a communication medium that, despite the fact there’s a lot of negativity on there, has done more to reform this county than their organization has done since day one.” Gelin is not concerned about violating Florida Bar rules, saying he is cognizant about not crossing the line. The Florida Bar told the Review that Gelin does not face any complaints.
The Broward Blog has done an excellent job exposing serious problems in the justice system. So what's the problem?
Llorente insists the issue lies with Gelin’s extracurricular activities. “I have no problem with him being a journalist,” Llorente said. “If he wants to be an expose-type journalist, so be it. But do it as a journalist. Don’t pose as a lawyer with an inside knowledge.” When asked what is specifically offensive about the blog, Llorente said he would withhold comment until he hears from the professionalism committee.
Huh? Does that make any sense to anyone? Maybe the Broward Bar Association should be asking whether the judges and lawyers that the blog continues to expose are acting professionally....
UPDATE -- SFL weighs in here: "Let me offer a prediction: by convening such a panel the BCBA likely will do more to discredit and denigrate their own organization than anything some goofball could ever post anonymously on a blog."
Thursday, March 11, 2010
Whoops
This Herald article about the arrest of alleged mobster Roberto Settineri had the following picture in this morning's paper:
The caption under the picture referred to the U.S. Attorney, Jeff Sloman, as Settineri's lawyer.
Doh!
The online version now has it fixed...
Wednesday, March 10, 2010
Judge Cooke & Kendall Coffey address federal bar association
They discussed the high-profile case and how to deal with the media and jurors wanting more information. It was entertaining.
This blog was mentioned a couple of times and even called "informal media" and was distinguished from the good ol' days when a newspaper article couldn't be written until it had 2-3 sources. This certainly isn't your grandmother's newspaper.
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