The two faces of Judge John Kastrenakes — vigilant defender of the law and unbridled hothead — played out in stark relief this month after his decision to send a juror to jail for 10 days.
WEST PALM BEACH — When John Kastrenakes arrived at the Palm Beach County Courthouse 10 years ago to take a seat on the powerful circuit bench all that was missing was a shining steed.
After sending five elected officials in the county to prison, the career prosecutor was feted as a gleaming knight who would use his formidable skills as a dogged crime fighter to continue to chip away at the area’s reputation as “Corruption County.”
A year later, he grabbed headlines for far different reasons.
Stopped for driving the wrong way in the parking lot of a service plaza on Florida’s Turnpike, Kastrenakes became irate. Blasting the Florida Highway Patrol trooper as “a liar,” he said he would never believe her and would doubt the veracity of any FHP officer who appeared in his courtroom.
Concerned about his ability to be fair, state prosecutors asked him to step down from seven cases built by FHP troopers. Kastrenakes agreed and apologized for his outburst.
The two faces of Kastrenakes — vigilant defender of the law and unbridled hothead — played out in stark relief this month.
Howls of overreaching and racial bias greeted his decision to send a 21-year-old West Palm Beach juror to jail for 10 days. Ruling that DeAndre Somerville willfully violated his orders, Kastrenakes found the young black man guilty of contempt of court after he explained that he overslept and didn’t call to report his absence because his cellphone was broken.
Florida state Sen. Bobby Powell, D-Riviera Beach, has asked the Judicial Qualifications Commission to investigate Kastrenakes.

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
Sunday, October 20, 2019
"Corruption fighter to controversy, Kastrenakes lauded for smarts, chided for ‘God complex’"
That's the title of this Palm Beach Post article which profiles Palm Beach judge John Kastrenakes. From the intro:
Thursday, October 17, 2019
Investiture for Roy Altman
It will be a big party on the top floor of the Wilkie Ferguson courthouse tomorrow afternoon for Judge Roy Altman. Congrats to Judge Altman.
Judge Rodney Smith’s investiture will be next.
Then, if all goes according to plan, Judge Raag Singhal will be confirmed and have his.
We are still waiting on that 5th open district seat in Fort Pierce.
Judge Rodney Smith’s investiture will be next.
Then, if all goes according to plan, Judge Raag Singhal will be confirmed and have his.
We are still waiting on that 5th open district seat in Fort Pierce.
Tuesday, October 15, 2019
Lagoa and Luck on the Senate calendar
Judges Barbara Lagoa and Robert Luck will have their first hearings before the Senate tomorrow (Wednesday) morning at 10am and will answer any questions the Judiciary Committee might have. After this hearing, they'll answer written questions from the Senators. Floor votes should come relatively quickly.
If you are interested in getting all the news as it happens, you should follow @fedjudges on Twitter.
If you are interested in getting all the news as it happens, you should follow @fedjudges on Twitter.
Will the Dems address federal judges in tonight's debate?
Trump has placed an emphasis on remaking the federal judiciary and he has been extremely successful. Obama (and Clinton) never had such an emphasis. And the Democratic candidates so far have barely mentioned the judiciary in their campaigns and debates. Hopefully it will be discussed tonight.
Others, however, have been pressing for a new narrative on judging. Clark Neily of Cato has called for a moratorium on appointing prosecutors to the bench.
And Demand Justice has put out its own Supreme Court shortlist (as Trump did when he was a candidate) since no Dem has done so. There are no Floridians on the list, and it's not a realistic list in my view (with only 2 Circuit judges), but it's a conversation starter.
Others, however, have been pressing for a new narrative on judging. Clark Neily of Cato has called for a moratorium on appointing prosecutors to the bench.
Given the government’s vast resources, nearly every court case pitting a lone citizen against the state represents a David-versus-Goliath fight for justice. To further stack the deck with judges who are far more likely to have earned their spurs representing Goliath than David is unfair to individual litigants and a bad look for the justice system as a whole.
Fortunately, the solution is simple: a temporary moratorium on nominating former prosecutors to the bench and a strong preference for lawyers with substantial experience representing individuals against the government in criminal and civil cases. If that proposal seems extreme, consider the image of a federal judiciary in which former public defenders outnumbered prosecutors 4 to 1. Notwithstanding the transformative effect that would have on our deeply dysfunctional criminal justice system, not to mention the Bill of Rights, it’s probably not a good idea. But neither is it wise to continue doing nothing while the imbalance runs the other way.
It is perfectly understandable that current government officials wish to stock the courts with former government advocates. But it’s a bad deal for the rest of us and a doubtful way to ensure equal justice under law.
And Demand Justice has put out its own Supreme Court shortlist (as Trump did when he was a candidate) since no Dem has done so. There are no Floridians on the list, and it's not a realistic list in my view (with only 2 Circuit judges), but it's a conversation starter.
Friday, October 11, 2019
Kudos to Judge Scola for being compassionate
It’s not every day that a federal judge is compassionate. But Judge Scola deserves a lot of credit today for releasing 84-year old Hafiz Khan, who is dying. The federal public defender’s office filed the motion for Khan, which received very strong opposition from the U.S. Attorney’s Office. From the Miami Herald:
“I do find that his demise is imminent, and he can no longer speak and does not pose a danger to the community,” Scola said Friday, after holding three hearings this week on the Khan family’s petition.
***
Earlier this week, a prison doctor testified that Khan has a host of dire health issues and could die within weeks. But he also said he may be too weak to be moved from the prison medical facility, let alone to Miami. Scola, the judge, raised concerns about the logistics of transferring Khan because of his fragile state.
The family, with the help of Federal Public Defender Michael Caruso and colleague Sowmya Bharathi, found a solution that satisfied the judge’s concern: a hospice center in Raleigh that could accommodate Khan on Friday.
“No one wants him released without proper medical care available,” Bharathi said, adding that Khan’s family had the finances to pay for his ambulance transfer to the Raleigh facility and the daily hospice care.
The judge said that because of Khan’s rapidly deteriorating health and inability to speak, he believed the defendant would be unable to spread any possible propaganda to incite the Taliban to take violent action against Americans — evidence that surfaced during his 2013 terrorism trial in Miami.
“Mr. Khan’s danger was his ability to speak and influence other people,” said Scola, who in his order prohibited Khan from any access to a telephone, computer or the internet. He also limited his visitors at the Raleigh hospice facility to immediate family members.
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