"A Law for the Sex Offenders Under a Miami Bridge"

Miami is in Time Magazine again. This time for sex offenders living under the bridge:

The Julia Tuttle Causeway is one of Miami's most beautiful bridge spans, connecting the city to Miami Beach through palm-tree-filled islands fringed with red mangroves. But beneath the tranquil expanse sits one of South Florida's most contentious social problems: a large colony of convicted sex offenders, thrown into homelessness in recent years by draconian residency restrictions that leave them scant available or affordable housing. They live in tents and shacks built from cast-off supplies, clinging to pylons and embankments, with no running water, electricity or bathrooms. Not even during a recent cold spell, when nighttime temperatures dropped into the 30s, could they move into temporary lodging.

***

But with the disturbing bridge colony putting Miami under increased national scrutiny — it has managed the improbable feat of arousing sympathy for pedophiles — Miami-Dade County hopes to return some sanity to the issue. A new law takes effect on Monday that supersedes the county's 24 municipal ordinances, many of which make it all but impossible for offenders to find housing. It keeps the 2,500-feet restriction, but applies it only to schools. It also sets a 300-foot restriction to keep offenders from loitering near anyplace where children gather, which many experts call a more practical solution than harsh residency restrictions.

County officials, as well as the American Civil Liberties Union, hope the law will prod states and perhaps even the U.S. Congress to craft more-uniform laws to prevent the kind of residency-restriction arms race that Florida let local governments wage. "The safety of Floridians has suffered as local politicians have tried to one-up each other with policies that have resulted in colonies of homeless sex offenders left to roam our streets," says state senator Dave Aronberg, a Democrat running for state attorney general. The excessive rules, he adds, "have the effect of driving offenders underground and off law enforcement's radar." Aronberg is co-sponsoring a new bill that would establish uniform statewide residency rules fixed at 1,750 feet — studies show that in many cities, over 50% of available housing is within 2,500 feet of schools — and include the sweeping no-loitering zones.

Monday morning...

Monday morning + Rain = FREAKING HORRIBLE TRAFFIC

As you all know, I'm not a fan of judicial elections. Tony Mauro writes that the recent Citizens United decision might kill judicial elections:

For years now, judicial reform groups have more or less resigned themselves to the reality that the public likes to elect its state judges and will fight any effort to appoint them instead.
The U.S. Supreme Court's Jan. 21 decision in Citizens United v. FEC may have altered that sober truth -- or at least has given reformers a glimmer of hope that it might. By supersizing possible corporate domination of judicial elections, the thinking goes, the Supreme Court's decision may finally make the public see how unseemly the elections are -- and move toward merit-based selection as an alternative.
"There is a silver lining to the decision," said Ohio Chief Justice Thomas Moyer, who has taken the lead in seeking change in Ohio's elective system for judges. "For those of us who have been trying to impress upon the public the deleterious effects of money in these elections, it helps us make the point that we need to get the money out."
"The time is now for change," said Rebecca Kourlis, former Colorado Supreme Court justice and executive director of the Institute for the Advancement of the American Legal System at the University of Denver. "I believe we can revitalize the merit-selection movement."
Kourlis spoke at a Georgetown University Law Center conference on judicial elections convened on Jan. 26 by retired Justice Sandra Day O'Connor. In retirement, working with Kourlis and others, O'Connor has become a merit-selection evangelist who energizes the movement by her sheer presence. O'Connor's calendar is dotted with meetings with local good-government groups across the country aimed at jump-starting the effort to change the way state judges are chosen. Currently, O'Connor said, more than 80 percent of state judges have to win a political election to gain or retain their seats.

Rev. Ike hit with $5 million verdict in federal court

How did no one cover the male on male sexual harassment case before Judge Cooke? Rev. Ike just got hit for $5 million!

The case was: Augusto Medina vs. United Christian Evangelic Association & the Estate of Frederick Eikerenkoetter (Rev. Ike) -- Case No. 08-22111. Congrats to Robyn Hankins and Jennifer Ator for their big win.

I am working on getting some of the details of the case and will post soon. In the meantime, here's a clip of Rev. Ike:



UPDATE -- lots of great stories rolling in about the case. Here's one:

Rev. Ike testified in his deposition, which was played at trial, that he never had any sexual contact with Plaintiff Medina, and that there was no way this could have been consensual because it never happened. Also when asked if there was anyone who could overrule a decision made by him, Rev. Ike said, "All those in favor say aye, all those opposed say, I resign. No."

In the closing argument, Defendants' attorney said that Rev. Ike lied at his depo and that the sex was consensual. Of course Rev. Ike denied it ever happened, the lawyer said, because of his position and Medina knew that he had to deny it and would deny it, which is further proof of the calculated plan to extort money from Rev. Ike.

Apparently there was a gasp from Rev. Ike's widow, who was in the audience, when the lawyer revealed that there was consensual sex.

Wow.

Why I love my TiVo

I got to watch Justice Alito's horrible poker face about 6 times before my wife made me continue with Obama's speech last night. After the President criticized the Supreme Court opinion in Citizens United, Justice Alito mouthed "not true" and shook his head. Here's the video:



All the other Justices kept their poker faces, but Alito was not a happy camper.

Ho hum

Scott Rothstein finally pleaded today. (Here's the agreement.) And Kim Rothstein made an appearance:



And there were even scuffles outside the courtroom.

UPDATE -- so I read the Rothstein plea agreement. It's pretty standard stuff. Things that jumped out at me about it -- the government agreed that if the guidelines are life, they will agree to a downward variance. I think that's quite a concession and one I rarely see in plea agreements. Second, Rothstein agreed to waive his right to appeal and to waive his right to a habeas proceeding. That means that Judge Cohn can sentence Rothstein anywhere from zero to life, and Rothstein cannot attack the sentence. He will have to eat whatever Judge Cohn gives him. (I never understood how a defense lawyer can agree to have his client waive his habeas rights -- if the defense lawyer is ineffective, how can he advise his client to waive that?)

Sick of the Rothstein stuff.... well, fellow geeks, check out this 7th Circuit opinion on Dungeons and Dragons -- finding that it's a threat to prison security! Above The Law covers it here. HT: SB.

1 millliooooon dollars

Julie Kay says lawyers are going to make a lot of money off of the Scott Rothstein mess:

While Scott Rothstein's alleged $1.2 billion Ponzi scheme has proved a tragedy to hundreds of former employees, creditors and investors, it has been a boon to one group -- South Florida's lawyers.
According to experts, when all is said and done, the case will result in legal fees topping $15 million. That figure includes fees to the receiver, Herb Stettin; the two law firms he hired to assist him; a cadre of lawyers and firms hired by creditors and the attorney for the creditors' committee; defense fees for banks, insurance companies and other sued parties; and fees paid to all the criminal defense lawyers hired by Rothstein partners, associates and family members.
``This is like the lawyer's relief act,'' said Guy Lewis, a Miami attorney and former U.S. attorney who has served as receiver in numerous Ponzi/fraud cases. ``It's going to be an eight-figure case. It's probably the biggest receivership in the country right now.''

Bedtime stories

Two articles worth a look:

1. "After 34 Years, a Plainspoken Justice Gets Louder" in the New York Times about Justice Stevens. HT: Rumpole

2. "U.S. Attorney candidates face attacks from old adversaries" in the St. Pete Times about the fighting to become U.S. Attorney in the MDFLA. HT: SFLawyers

Who dat

Looking forward to the Saints/Colts Superbowl. Thank goodness it's not the Jets.

What up people?

Anyone in trial?

Bob Norman was at the Scott Rothstein auction and took some video here.

Here is the Florida Bar's webpage addressing its Haiti relief effort.

That's all I got for you this Monday morning. Hit me up with some news.

UPDATE -- Curt Anderson covers the Supreme Court's decision not to review Manuel Noriega's case.