Public Defender elections

Florida is one of the few states that elects its Public Defenders. It's very strange. What platform do you run on for Public Defender? Tough on crime? Save the taxpayer money? Mostly, we've been lucky not to have anything crazy like this happen... But here's a story out of Jacksonville, where the newly elected PD, supported by the Fraternal Order of Police, fired all the top lawyers at the office. I kid you not:

Ten attorneys and three administrators found themselves suddenly out of a job, sacked Friday by the newly elected Public Defender Matt Shirk.
At least one of the attorneys told Channel 4 he believes the mass firings were a form of payback.
The firings came on the eighth anniversary of one of the office's most notable legal triumphs. On Nov. 21, 2000, taxpayer-supported public defender lawyers proved that a Jacksonville teen, Brenton Butler, was not guilty of robbery and murder.
***
McGuiness said they expected some people to lose their jobs when the new boss came in, but he said they didn’t expect the cuts to go so deep.
"Well, Mr. Shirk had not yet reached pre-K when many of these attorneys were trying cases already. I think he is uneasy around those with skill and experience," said McGuiness.
Shirk let 10 prominent attorneys and three administrators in the office know that in January they will be out of work.
"There are very few people who would have acted as divisively as Mr. Shirk in term of ridding the office of skill and experience without interviewing a single attorney or looking at a single personnel file," McGuiness said.
The mass firing occurred eight years to the day of when Butler was found not guilty after McGuiness and other attorneys who were recently fired proved the sheriff's department bungled the case.
McGuiness said the firings are payback.
"Mr. Shirk was supported by the Fraternal Order of Police and made certain representations to them, as I understand, that there would not be questions raised about integrity of policemen," McGuiness said.

Hat Tip: BT

Help

One of my favorite readers forwarded me this NPR quiz and I can't figure it out:

Name a type of lawbreaker that starts with the letter S, and which, upon removing the S as well as one other letter, becomes another type of lawbreaker.

UPDATE -- a friend just emailed me the answer. I will post it in the comments section so I won't spoil it for you if you want to figure it out.

Hypo

Those who know me know that I often like to ask hypotheticals... Would you do X in return for Y.

Well here's a real one from the USA Today: Would you amputate your pinkie finger so that you could finish your college football season as a lineman for a division II school?

Trevor Wikre answered yes! Can a doctor agree to such a thing?

Here's some of the article:

Trevor Wikre had a choice: Lose his pinkie finger or lose his football season.
"I said, 'Cut it off,' " Wikre says. He took no time to ponder. "I knew right away," he says. "It wasn't a hard choice."
Wikre, 21, is a guard for Mesa State College, a Division II school in Grand Junction, Colo. He had told teammates a couple of weeks earlier how much he loved them as brothers.
"I said, 'I'd take a bullet for you,' " he says. "Well, this was my chance to put words into action. This was my bullet."
The Mesa Mavericks will play their first game on national cable TV Thursday night (8 ET, CBS College Sports) vs. Western State (Colo.). Mesa is 5-2, 5-0 in the Rocky Mountain Athletic Conference.
The trauma came Sept. 30 when Wikre's right little finger shattered at practice. He pulled off a glove, saw bone jutting out and asked trainers to tape it up. They declined and got him to the hospital, where doctors advised him that he needed season-ending surgery.
"I'm a senior," Wikre (pronounced WICK-er-EE) says. "If they put pins in there, my career was finished. I told them to just take it off. They said I was being dramatic. I said, yeah, well, losing my season is dramatic, too."

My favorite quote of the article:

"I can't hit the P on the keyboard very well," he says. "I have to train my ring finger to get over there. It takes time."

Sorry for the off-blog article, but I couldn't help myself. I hope to see you all Friday night at the Federal Bar installation dinner... Celeste Higgins is your new president.

"People the world over have always been more impressed by the power of our example than by the example of our power."

What an awesome line by Bill Clinton at the DNC tonight.

Devil's Advocate

One of my favorite tipster's pointed out this listing in the Florida Bar News Classified section on Friday:


DEVIL’S ADVOCATE - Every lawyer needs another lawyer to bounce ideas off of, and even to be a devil’s advocate, challenging your ideas even more thoroughly and incisively than your opposing lawyer would. If you welcome robust, well-grounded debate as the best way to make your arguments razor-sharp, then call me. George Zadorozny, Attorney-at-Law, Florida Bar ’82, Carlton Fields ’82-’86, J.D. Northwestern ’82, B.A. Yale ’78. $100 per hour. Legal research and writing (pleadings, motions, memoranda, appeals) also available. (727) 389-5973; gzesq@aya.yale.edu. AV rated. Office: New Port Richey, Florida.

I shot the Devil's Advocate an email with a couple of questions and got the following responses.

What gave you the idea for being a Devilʼs Advocate?
As to how I got the idea for my "Devil's Advocate" ad: It came to me a few months ago. For over 20 years now I've been doing contract work for lawyers, doing legal research and writing. Naturally we discuss these projects over the phone. Sometimes in these conversations the lawyer I'm working for advances an idea or an angle or a theory that strikes me as promising but vulnerable--and so I point that out, that is, I point out how the other side could attack us through what looks to me like a weak spot. We usually go on to debate the point vigorously until we're satisfied that we've cast out the vulnerabilities.

Because these debates are conducted in a spirit of mutual respect, with both of us aiming at the same goal--making the arguments for the client as strong and sharp and unbeatable as possible--we find them not draining at all, but invigorating and cheering.

I've been doing this for many, many years now, and I knew that I was playing devil's advocate, but it wasn't until a few months ago that I suddenly realized that it would be a good thing for me to tell prospective lawyers that that is something that I can offer them--much more than just legal research and writing per se. Of course I still do that too. It all depends on what the lawyer I'm working for wants. Unsurprisingly, lawyers who practice solo particularly value this opportunity for well-reasoned strengthening of their arguments through debate.

Has anyone hired you?
Yes, I've been hired by some lawyers in response to my "Devil's Advocate" ad.

Do you enjoy your work?
I enjoy my work very much--see the second paragraph of the above answer to your first question.

Uma

I'm always fascinated by reports on deliberations. In the recent high-profile trial of the Uma Thurman stalker, a Wall Street Journal reporter was on the jury. Here is her description of the trial and deliberations.

In local news, Jose Padilla co-defendant isn't happy with the jail he's been assigned to. From Curt Anderson's article:

A man convicted along with one-time "dirty bomb" suspect Jose Padilla of supporting al-Qaida wants a federal judge to block the government from sending him to a prison unit where his telephone calls, mail and visitors would be closely monitored.
A lawyer for Kifah Wael Jayyousi, 46, claims that the Communications Management Unit at the federal prison in Terre Haute, Indiana, amounts to "cruel and unusual punishment" and that his inclusion in that unit is discriminatory because it is based partly on his Muslim faith and Arab ethnicity.
Jayyousi is "due to be transferred at any time to this unlawful place of confinement, where he will suffer irreparable harm," attorney William Swor said in court documents filed this week.
Bureau of Prisons spokeswoman Traci Billingsley said Thursday that Jayyousi's religion or ethnicity have nothing to do with the designation at the unit that currently houses 46 inmates. Having all the inmates in one unit ensures that no communication is slipped out by a prisoner not subject to the restrictions.
"They are placed in the unit because their communications need to be closely monitored," Billingsley said.

U.S. District Judge Marcia Cooke, who presided over the trial last year of Padilla, Jayyousi and Adham Amin Hassoun, issued an order Tuesday temporarily preventing the U.S. Bureau of Prisons from transferring Jayyousi from Miami. Cooke scheduled a hearing May 22 on the matter.

How not to do an oral argument

Phipps: . . . so that’s about all I have to say, Your Honor. I don’t have anything other than that. You know, my client lives in Chicago. ... She continues to earn a living, and she’s generally unavailable if you call her because she, she’s sort of a traveling doctor.

Judge: That’s not much of thing you come in here and tell us, I guess.

Phipps: Well, my attitude is, the [district court] judge got it right . . . . And as far as whether even Ricks should apply, I don’t think it should.

Judge: What do you do about Morgan?

Phipps: I don’t, I don’t, I don’t know Morgan, Your Honor.

Judge: You don’t know Morgan?

Phipps: Nope.

Judge: You haven’t read it?

Phipps: I try not to read that many cases, your Honor. Ricks is the only one I read. Oh, Ledbetter, I read Ledbetter, and I read that one that they brought up last night. I don’t know if that’s not Ledbetter, I can’t remember the name of it. Ricks is the one that I go by; it’s my North star. Either it applies or it doesn’t apply. I don’t think it applies.

Judge: I must say, Morgan is a case that is directly relevant to this case. And for you representing the Plaintiff to get up here—it’s a Supreme Court case—and say you haven’t read it. Where did they teach you that?

Phipps: They didn’t teach me much, Your Honor.

Judge: At Tulane, is it?

Phipps: Loyola.

Judge: Okay. Well, I must say, that may be an all time first.

Phipps: That’s why I wore a suit today, Your Honor.

Judge: Alright. We’ve got your attitude, anyway.

The Fifth Circuit wasn't too happy. It had this to say in a per curium opinion.

[W]e would be remiss if we did not comment on the conduct of Roger Phipps, counsel for Hartz, during oral argument in this case on Tuesday, March 4, 2008. Phipps’ conduct towards the Court during argument was unprofessional. Even more serious was his admission that during his work on the case (including his preparation for argument), he had not read a key Supreme Court case. His cavalier disregard for his client’s interest and for his obligation to the Court was both troubling and disgraceful. [FN4]
Accordingly, we are ordering Phipps to provide his client, Hartz, a copy of our opinion immediately after it is released. In order to ensure compliance, we are further directing him to supply our Court with proof of service.

OUCH!

Interesting state case

Rumpole has been covering an interesting state case about how far our drug laws really reach. In closing argument, the defense lawyer argued (via Miami Herald):

''The only thing that is clear in this case is that the government is completely abusing its power in applying the law to my client,'' Morris told the jury, to the objection of the prosecution. Circuit Judge Jacqueline Hogan Scola told the jury to disregard the comment.

I love trials and evidence questions -- so I put this to you, my loyal blog readers: is this argument objectionable? Should the objection have been sustained? By my asking the question, I'm sure you know my opinion...

BTW, still no news on Liberty City. This jury has been out longer than LB7. Would the govt try it a third time?

April Fool's...

Rumpole is playing April Fool's over at his blog.

Funny?

UPDATE -- Rumpole claims it was real.

Trains, Planes, and Automobiles

Or boats... Here's how Chief Judge Kozinski starts out an opinion in NEW HAMPSHIRE INS. v. C’EST MOI, INC.:

KOZINSKI, Chief Judge:
We consider the doctrine that’s on everyone’s lips: uberrimae fidei.

I had no idea either. According to Black's law, the Latin phrase means: The most abundant good faith; absolute and perfect candor or openness and honesty. It's a common phrase for you maritime lawyers.

As for planes, here's John Pacenti's article about seizures related to aircraft.

I know, I know -- this isn't the most gripping post I've ever done. But help me readers -- are there any great trials out there to blog about?

In the meantime, you can check out the other local blogs for fun posts about our state legislature at work allowing exemptions for plumbers re the low underwear law (via Rumpole) or fighting over fees (via South Florida Lawyers). And for my AUSA friends, here's a piece about shackling PDs (don't get too excited).

"RAZOR MANIAC JUMPS FED PROSECUTOR IN COURT"

Luckily it wasn't in this District. It happened in the Eastern District of New York.

Above the Law has more details including the transcript of the proceeding and the actions of the court reporter, who jumped on the defendant.

When I was a PD, a colleague (who was a former cop) had a client rush the judge. The PD jumped on his back and pinned his arms behind his back as the Marshals watched. It was a pretty funny sight...

Blog topics

I guess I should be blogging about the new crack guidelines become retroactive today, but instead I'll point you to this funny post at AboveTheLaw about our blackout last week.

Adios Fidel!

Wow.

A good argument for cameras in the courtroom.

Check this out.

The real action occurs at 7:06 on the video counter, followed by moaning from the lawyer (off-camera).

Rumors of my demise...

...have been greatly exaggerated.

It's just that it's the deadest week of the year. EXCEPT IN STATE COURT! Are you kidding me? Yes, we have anonymous juries and explosions in buildings, but nothing like the Christmas Eve Massacre (reported by Rumpole).

Anonymous Blog dies

Thank goodness it's not Rumpole.

Still, it's sad that StuckonthePalmetto is dead. It was one of the best blogs in South Florida. Here's the Herald report on what happened...

Traffic on US1

This was the truck in front of me this morning... I snapped the picture with my phone because I couldn't believe the guy was sleeping like that.

Gotta love Miami.

For a cool picture series on Miami, check out this Flickr page. That photographer recently took some pictures of a person on South Beach and StuckonthePalmetto blog is asking whether it's a man or a woman. You decide.

Hilarious

Bored with the news of the AG resigning?

Sick of the round the clock coverage of Michael Vick?

Then, you must read this NY Times article about AbovetheLaw blogger David Lat and his run-in with Nixon Peabody over a video he uploaded to YouTube. YouTube took it down because Nixon Peabody complained, but here is the song at issue And better yet, here is a great video mocking Nixon Peabody:

Inmates dance to Thriller

Check this out!




I don't think the guys over at FDC will be doing this any time soon...

HT: Above the Law.