“Drugs are very harmful. They’re very dangerous.”

That's the governor's argument for random drug testing of all state employees.  Judge Ungaro pounced on this silly argument:

A federal judge in Miami Wednesday cast serious doubts about Gov. Rick Scott’s order requiring thousands of state government employees to undergo a random drug test, suggesting his policy “sweeps too broadly.”
U.S. District Judge Ursula Ungaro peppered a government lawyer with questions about the constitutionality of Scott’s policy, saying she had “trouble understanding the circumstances under which the executive order would be valid."

***

Ungaro said she would soon make up her mind about the legal challenge to Scott’s policy by the American Civil Liberties Union of Florida. The group argues that his order violates the Fourth Amendment rights of state workers because the testing requirement is “suspicionless” and therefore an illegal search and seizure.
“For the consent [to the search] to be valid, it has to be voluntary,” ACLU lawyer Shalini Goel Agarwal argued. “This blanket drug testing is unconstitutional.”
The legal challenge to the governor’s order, which has been placed on hold by Scott himself until the dispute is resolved, centers on whether the state has a constitutional right to require random drug tests of existing public workers and mandatory testing of all new employees. The governor issued his order last March.

Read more here: http://www.miamiherald.com/2012/02/21/2654971/federal-judge-in-miami-will-hear.html#storylink=cpy

Read more here: http://www.miamiherald.com/2012/02/21/2654971/federal-judge-in-miami-will-hear.html#storylink=cpy

 

 

So you wanna be a federal judge?

Hot off the Court's website:

Pursuant to the instructions set forth in the attached letter from Senator Bill Nelson and Senator Marco Rubio, dated February 16, 2012, the Florida Federal Judicial Nominating Commission is now accepting applications for the following position:

• U.S. District Judge, Southern District of Florida

This vacancy was created by the Senate's recent confirmation of U.S. District Judge Adalberto Jordan to the U.S. Court of Appeals for the Eleventh Circuit.

The revised Rules of Procedure for the Judicial Nominating Commission, dated April 11, 2011, application forms with incorporated instructions, and the names and addresses of the members of the Commission, dated February 14, 2012 are available at the following websites:

1. The Florida Bar (www.floridabar.org)
2. U.S. District Court for the Northern District of Florida (www.flnd.uscourts.gov)
3. U.S. District Court for the Middle District of Florida (www.flmd.uscourts.gov)
4. U.S. District Court for the Southern District of Florida (www.flsd.uscourts.gov)

In addition, these materials may also be obtained from the Commission's Statewide Chair:
John M. Fitzgibbons
The Law Office of John M. Fitzgibbons
707 North Franklin St
Suite 700
Tampa, FL 33602
Telephone: 813-221-8800

Completed applications must be received by the Commission's Statewide Chair and each Commission member in the manner specified by the Rules of Procedure by 5:00pm., Monday, March 26th, 2012. Applicants who are selected by the Commission for personal interviews will be interviewed on Friday, April 27th, 2012 at the Judge's Conference Room, 14th Floor, Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 North Miami Avenue, Miami, Florida. The names of the applicants who are selected for personal interviews with the Commission, as well as the interview times, will be published on each website on or before April 18, 2012.

Snitching aint easy

The Herald has an interesting article this morning about a "cooperating witness" who wants to cut 13.5 years off of his sentence.  Chief Judge Moreno wants more information:

A federal prosecutor Tuesday recommended cutting one-time Haitian drug lord Jacques Ketant’s 27-year prison sentence by half, citing his “invaluable information” that helped authorities convict a dozen fellow traffickers, politicians and police officers from Haiti.


But U.S. District Judge Federico Moreno delayed his decision, saying he wants more details about the government’s attempt to recover $15 million in drug profits from Ketant, who was convicted in 2003 of smuggling 30 tons of cocaine into South Florida and New York.

Moreno also inquired about the status of Ketant’s Port-au-Prince mansion as well as an art collection of more than 200 paintings that boasted a Monet.

“It should be worth at least a million dollars,” Moreno said of the painting by the French Impressionist painter. “You don’t know where the Monet is?”

Assistant U.S. Attorney Lynn Kirkpatrick said the U.S. government already seized the Monet, was able to recover only a small portion of the drug profits, and that Ketant’s mansion was turned over to the Haitian government.

Uh-oh -- I hope that Monet isn't sitting in a DEA warehouse somewhere in Miami getting all moldy.  I wonder why the U.S. gets it as opposed to Haiti where this guy committed most of his crimes, except possibly murder which is alleged to have occurred here:

But the judge really caught the prosecutor and defense attorney by surprise when he disclosed that he had recently received a letter from a man who said Ketant was responsible for the alleged 1997 killing of his mother in South Florida, according to Moreno, who did not disclose names nor file the letter in the court record.


In court, Kirkpatrick said she was unfamiliar with the murder allegation and Oliva said it was unfounded.

The judge ordered both sides to address his questions within two weeks before he holds another hearing on the proposed sentence reduction for Ketant, who is imprisoned in Arkansas.

Ketant, 48, had lived as a virtually untouchable kingpin in his hilltop mansion overlooking Port-au-Prince. In 2003, Haitian President Jean Bertrand Aristide expelled him under U.S. pressure because Ketant’s bodyguards beat up an official at a private school attended by children of U.S. Embassy personnel.

Stolen Valor Act debated in High Court today

Hope everyone had a nice long weekend....

Today the Supreme Court is debating a fascinating case about how far the federal criminal code can be expanded.  The Stolen Valor Act makes to falsely claim to have been awarded military honors and decorations.  But are such lies covered by the First Amendment?  From the Washington Post:

The case has generated huge interest and divided First Amendment advocates, including the media, and veterans groups, who see the act as a necessary weapon to discourage what appears to a boomlet of self-aggrandizers.
According to a brief filed by the Veterans of Foreign Wars and two dozen veterans groups: “Pretenders have included a U.S. Attorney, member of Congress, ambassador, judge, Pulitzer Prize-winning historian and bestselling author, manager of a Major League Baseball team, Navy captain, police chief, top executive at a world-famous research laboratory, director of state veterans programs, university administrator, pastor, candidate for countywide office, mayor, physician, and more than one police officer.”
“This case is about theft, not lying in general,” wrote D.C. lawyer Michael T. Morley in the brief. “Alvarez, and others like him, have misappropriated for their own benefit an unearned share of the two centuries’ worth of goodwill and prestige associated with American military awards.”
But the U.S. Court of Appeals for the 9th Circuit in San Francisco agreed with Alvarez that the law did not meet the high standard courts must apply to attempts to restrict speech.
“Saints may always tell the truth, but for mortals living means lying,” Chief Judge Alex Kozinski wrote in response to the government’s request that the decision be reconsidered.
“Without the robust protections of the First Amendment, the white lies, exaggerations and deceptions that are an integral part of human intercourse would become targets of censorship” and set up the government as “truth police” with the power to punish.
Other judges have seen it differently. The U.S. Court of Appeals for the 10th Circuit, in a separate Stolen Valor case, upheld the law’s constitutionality.
“As the Supreme Court has observed time and again, false statements of fact do not enjoy constitutional protection, except to the extent necessary to protect more valuable speech,” U.S. Circuit Judge Timothy M. Tymkovich wrote for another divided panel.

 Gotta love Kozinski....

Tony Mauro has a nice summary of what to look out for in today's argument here.  I will post the argument when it goes online.  Should be interesting.

What's better than one Pryor on the 11th Circuit?

Well, two Pryor's of course.  Today, President Obama officially nominated Jill Pryor (no relation to Bill Pryor) to the 11th Circuit, a day after Judge Jordan was confirmed to that Court. Judge Edmonson must be very proud -- his former clerk will get to serve on the court with him.

From the White House Press Release:

President Obama Nominates Jill A. Pryor to Serve on the US Court of Appeals

WASHINGTON, DC – Today, President Obama nominated Jill A. Pryor to serve on the United States Court of Appeals for the Eleventh Circuit.

“Jill A. Pryor has displayed exceptional dedication to the legal profession through her work and I am honored to nominate her to serve the American people as a judge on the United States Court of Appeals,” President Obama said. "She will be a diligent, judicious and esteemed addition to the Eleventh Circuit bench."

Jill A. Pryor is a partner at the law firm of Bondurant, Mixson & Elmore, LLP, in Atlanta, Georgia, where she specializes in complex business litigation at both the trial and appellate levels.

Pryor was born and raised in Harrisburg, Pennsylvania. She received her B.A. in 1985 from the College of William & Mary, graduating Phi Beta Kappa. She then attended Yale Law School, where she served on the editorial board of the Yale Law Journal and obtained her J.D. in 1988. After graduating from law school, Pryor clerked for the Honorable J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit. She joined Bondurant, Mixson & Elmore as an associate in 1989, becoming a partner at the firm in 1997. She represents both plaintiffs and defendants in the areas of business torts, corporate governance and shareholder disputes, class actions, trade secrets, intellectual property, fraud, and the Georgia and federal RICO laws.

Throughout her career, Pryor has been actively involved in the Atlanta legal community. She currently serves on the State Bar of Georgia Board of Governors and on the Board of Directors for the Georgia Legal Services Program. She has also served as President of the Georgia Association for Women Lawyers and as Chair of the State Bar of Georgia’s Appellate Practice Section. Additionally, Pryor was formerly a member of the Lawyers Advisory Committee of the United States Court of Appeals for the Eleventh Circuit as well as a member of the Executive Committee of the American Bar Association’s Council of Appellate Lawyers.

Judge Jordan confirmed 94-5!

Congratulations to the judge and his family. What a great addition to the 11th Circuit. He will be missed on the trial bench...

Glenn Sugameli has all of the scoop here, here, and here.

Judge Adalberto Jordan's vote at noon today

Barring any unforeseen roadblocks, he should be on the 11th today.

Here's the Herald with the latest.

Sen. Patrick Leahy quotes this blog regarding Judge Jordan

Check out Sen. Leahy's statement here (regarding Judge Adalberto Jordan's status before the Senate), which quotes this post from yesterday:

Statement Of Senator Patrick Leahy (D-Vt.),

Chairman, Senate Judiciary Committee,

On the Nomination Of Judge Adalberto Jordan To The Eleventh Circuit

February 14, 2012

Republican Senators delayed a final vote on the nomination of Judge Adalberto Jordan of Florida even though the Senate voted 89-5 last night to end a Republican filibuster that has already prevented a vote for four months.  This is a consensus nominee who Senator Nelson has been strongly supporting and who Senator Rubio also supports.  He should have been confirmed four months ago.  He should have been confirmed last night after the overwhelming cloture vote.  Instead, obstruction needlessly delayed the Senate acting to fill the emergency judicial vacancy on the Eleventh Circuit.
Senator Nelson has worked hard for this nomination, working to get Judge Jordan’s nomination cleared by every Democratic Senators in October immediately after it was reported unanimously by the Judiciary Committee.  We were ready to vote in October.  We were ready to vote in November.  We were ready to vote before the end of the last session of Congress in December.  It is hard to believe that it is now the middle of February, over four months after Judge Jordan’s nomination was reported with the support of every Democrat and every Republican on the Judiciary Committee, and the Senate still has not voted to fill this judicial emergency vacancy affecting the people of Florida, Georgia and Alabama.  I appreciate why Senator Nelson is frustrated.  I understand why Hispanics for a Fair Judiciary and the Hispanic National Bar Association are, too.

Let me refer to some of the reporting on this.  One post begins:

“So, here’s the absurdity of our judicial confirmation process – the full Senate voted 89-5 to invoke cloture, meaning that Judge Jordan’s nomination to the 11^th Circuit would finally come to a vote.  But then Senator Nelson said that one Senator is holding up the merits vote by demanding 30 more hours of ‘debate’ post-cloture.  Senators Leahy and Boxer both then commented how ridiculous such a request was, but that’s the way it is.  It looks like we’ll have [to] wait another 30 hours for Judge Jordan to move up to the 11^th.  Silliness in our Congress . . . .”

The article in the South Florida Sun-Sentinel reports:
“South Florida lawyers praise him.  Both of Florida’s U.S. senators have recommended him.  And the Senate Judiciary Committee voted unanimously to approve his nomination.
But U.S. District Judge Adalberto Jordan of South Florida has been blocked for four months from rising to the 11^th Circuit Court of Appeals, the latest sign of a polarized and dysfunctional Senate.
A Senate filibuster that has kept Jordan waiting and the appellate court undermanned fizzled on Monday when the Senate voted 89-5 to move toward a final confirmation vote.
But Jordan is still waiting because one senator . . . objected to attempts to complete action on Monday . . . .”
I have not heard from any Republican Senators objecting to this Judge explaining what they find wrong with this highly-qualified Cuban American.   I am at a loss as to why Republican Senators continue to delay a vote on this outstanding nominee.  This nominee is beyond reproach.  This is another nomination battle that has nothing to do with the nominee and his qualifications.  This is another example of obstruction based on a collateral objective.  The people of Florida, Georgia and Alabama should not be made to suffer a judicial emergency vacancy when this highly-qualified nominee should be confirmed without further delay.  Nor did anyone come forward to explain the Senate Republicans’ delay for the last four months.   Cloture has been invoked by the Senate and the filibuster will be ended.   There was no good reason to continue to hold up a vote that has already been delayed for four months.
When I first became Chairman of the Judiciary Committee in 2001, I followed a time when Senate Republicans, who had been in the majority, had pocket filibustered more than 60 of President Clinton’s judicial nominations, blocking them with secret holds in backrooms and cloakrooms, obstructing more with winks and nods, but with little to no public explanation or accountability.  I worked hard to change that and to open up the process.  I sought to bring daylight to the process by making the consultation with home state Senators public so that the Senate Republicans’ abuses during the Clinton years would not be repeated.
When Senate Democrats opposed some of President Bush’s most ideological nominees, we did so openly, saying why we opposed them.  And when there were consensus nominees—nominees with the support of both Democrats and Republicans-- we moved them quickly so they could begin serving the American people.  That is how we reduced vacancies in the presidential election years of 2004 and 2008 to the lowest levels in decades.  That is how we confirmed 205 of President Bush’s judicial nominees in his first term.
Now we see the reverse of how we treated President Bush’s nominees.  Senate Republicans do not move quickly to consider consensus nominees, like the 15 still on the Senate Calendar that were reported unanimously last year and should have had a Senate vote last year.  Instead, as we are seeing today and have seen all too often, Senate Republicans obstruct and delay even consensus nominees, leaving us 45 judicial nominees behind the pace we set for confirming President Bush’s judicial nominees.  That is why vacancies remain so high, at 86, over three years into President Obama’s first term.  Vacancies are nearly double what they were at this point in President Bush’s third year.  That is why half of all Americans—nearly 160 million—live in circuits or districts with a judicial vacancy that could have a judge if Senate Republicans would only consent to vote on judicial nominees that have been favorably voted on by the Senate Judiciary Committee and have been on the Senate Executive Calendar since last year.
This is an area where we should be working for the American people, and putting their needs first. This is a nomination that has the strong and committed support of the senior Senator from Florida, Senator Nelson, as well as that of Senator Rubio, Florida’s Republican Senator.  Judge Jordan had the unanimous support of every Republican and every Democrat on the Judiciary Committee when we voted last October, although one Republican switched his vote last night to support the filibuster of Judge Jordan’s nomination. This is the nomination of a judge, Judge Jordan, who was confirmed to the district court by a vote of 93 to one in 1999, even while Senate Republicans were pocket filibustering more than 60 of President Clinton’s judicial nominees.
I regret that Republican Senators chose to delay a final vote on Judge Jordan’s confirmation.  He is fine man who, after emigrating from Havana, Cuba at the age of six went on to graduate summa cum laude from the University of Miami law school and clerk for Justice Sandra Day O’Connor on the U.S. Supreme Court.  He served as Federal prosecutor and Federal judge.   The needless delay of Judge Jordan’s confirmation is an example of the harmful tactics that have all but paralyzed the Senate confirmation process and are damaging our Federal courts.
It should not take four months and require a cloture motion to proceed to a nomination such as that of Judge Jordan to fill a judicial emergency vacancy on the Eleventh Circuit. It should not take more months and more cloture motions before the Senate finally votes on the nearly 20 other superbly-qualified judicial nominees who have been stalled by Senate Republicans for months while vacancies continue to plague our Federal courts and delay justice for the American people.  The American people need and deserve Federal courts ready to serve them, not empty benches and long delays.

Well done Senator.  Now let's get Judge Jordan confirmed!