Florida's Judicial News & Views

Judges Tortured, Murdered Terry

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December 2007

Appeals Court Criticizes Polk Judges

DUI case ruling faults incorrect finding of probable cause to proceed with charge.

By John Chambliss, The Ledger

12-28-07 -- An appeals court ruling involving a man jailed on a drunken driving charge after a Breathalyzer test registered 0.00 could change the way police in Polk County document evidence in some DUI cases. . . .The ruling criticized the way Polk County judges sometimes review cases when a DUI defendant makes his or her first court appearance after their arrest. The DCA ruling said the judge who reviewed Stephen Gould's arrest incorrectly found that probable cause existed to proceed with a DUI charge. . . . Gould's car had crashed into the back of another vehicle and Lakeland police officers investigating the accident gave him a Breathalyzer test, which showed no alcohol use. Gould told officers he had taken the drug Xanax and he was charged with driving under the influence. . . . The only evidence submitted to the judge at Gould's first court hearing was a traffic citation filled out by police that checked a box indicating that Gould was intoxicated. No supporting evidence accompanied the citation. . . . The three-judge DCA panel ruled this month that wasn't enough to show probable cause existed to arrest Gould.

Lawyer may lose license for blog entry on Broward judge

By Tonya Alanez | South Florida Sun-Sentinel

12-14-07 -- A defense attorney's law license is at risk because he posted an angry description on the Internet of embattled Broward Circuit Judge Cheryl Alemán, calling her an "evil, unfair witch."Last week, as Alemán was on trial for alleged misconduct before the Judicial Qualifications Commission, The Florida Bar signed off on its finding that Sean Conway may have violated five bar rules, including impugning the judge's qualifications or integrity. . . . In the Halloween 2006 posting on a blog, Conway denounced Alemán for what he said was an "ugly, condescending attitude" and questioned her mental stability after, he says, she unlawfully forced attorneys to choose between unreasonable trial dates or waiving their clients' rights to a speedy trial. . . . Conway, a former Broward assistant public defender now in private practice, said Wednesday he feels justified in his comments. . . . "She was giving people one week to prepare for trial and as soon as the blog exposed it through powerful words she stopped it," he said. "And that's why I stand by what I did. Sometimes the language the bar approves of doesn't get the job done."

Letter: More injustice in the justice system

Vero Beach Press-Journal

12-12-07 -- The letter by Clifford Henry (“St. Lucie County engaging in illicit money-making scheme”), stating he was assessed a fine plus court costs by a St. Lucie County judge, in spite of his proof of innocence, prompted me to write. . . . My case involved a simple real estate sale wherein the judge awarded excessive attorney fees and costs to a Palm Beach County attorney and told everyone in the courtroom not to tell anyone that he ever awarded $375 per hour when the hourly rate for attorney fees in the 19th Judicial Court in St. Lucie County is $250 per hour. This judge ignored Florida Bar Rule 4-1.5 (1)(C) and required me to pay the Palm Beach County attorney for additional hours the judge spent at his doctor’s office (and not in the courtroom), a total of 33 hours at $375 per hour, plus $350 and $275 per hour for other partners in the Palm Beach County law firm. . . . He added a $14.98 per day interest fee, making it retroactive one month prior to the date I received the judgment amount. . ..  In Clifford Henry’s letter, he questioned how a judge who is sworn to be fair in his decisions could perpetrate an injustice against him? That is the question I asked. Just another example of injustice in the justice system.

Bea Corac / Port St. Lucie

Reprimand urged for Broward Circuit Judge Cheryl Alemán

Alemán calls her hearing 'educational'

By Tonya Alanez | South Florida Sun-Sentinel

12-8-07 -- The attorney for the state agency that polices judicial conduct said Thursday that Broward Circuit Judge Cheryl Alemán deserves a public reprimand for breaching her professional duty to be patient, dignified and courteous. . . . "This is a judge who doesn't have the ability to see what others see," Lansing Scriven, counsel for the Judicial Qualifications Commission, said in his closing argument on the third and final day of Alemán's judicial misconduct hearing. Yet Scriven said Alemán was capable of turning her behavior around. . . . The commission had charged Alemán, 49, with improperly threatening to hold attorneys in contempt and refusing to step down from caseswhere she had an acrimonious relationship with the defense attorney. . . . Alemán's inability to assess her own conduct called for the reprimand, Scriven told the commission's six-person panel.

Broward's Judge Alemán defends herself for 5 hours

The judicial panel reviewing the misconduct charges against Broward Circuit Court Judge Cheryl Alemán resumes its work Wednesday.

By Trenton Daniel

12-5-07 -- When asked to describe Broward Circuit Court Judge Cheryl Alemán's reputation on the county bench, assistant public defender Bruce Raticoff was blunt. . . . ''The word was she was cold-hearted and that she was going to kill my client,'' said Raticoff, the first witness to testify Tuesday before a hearing panel that is reviewing misconduct charges against Alemán. . . . Raticoff, one of several attorneys who has accused the jurist of improper conduct, was referring to a 2006 murder case for which the defendant was facing the death penalty. . . . Alemán'scase is before the state Judicial Qualifications Commission. The judge is accused of several violations, including that she unfairly held, or threatened to hold, lawyers in contempt of court. . . . Raticoff's testimony at the trial-like administrative proceedings followed nearly five hours of testimony by Alemán herself, who was questioned about her frosty disposition, and about incidents in which she ripped up an attorney's written motion from the bench, and a failure to recuse herself.

November 2007

Judges Feel Legal Blogs' Glare

By Julie Kay, The National Law Journal .

11-28-07 -- In May, Dale Ross, chief judge for the Florida circuit court in Broward County for 16 years, stepped down following a year of embarrassing scandals, gaffes and bad behavior by his judges. .. . . Although pressure was building for Ross to resign for years, many legal observers say it would not have happened if not for the new Broward courthouse blog, JAA Blog. . . . That blog hammered Ross on a daily basis and reported on such incidents as a judge arrested for smoking pot in a park, another judge making an off-color sexual remark and another judge allegedly taking a loan from a defense lawyer appearing before him. . . . The JAA Blog was started in August 2006 by a group of criminal defense lawyers fed up with the way things were being run in the Broward courthouse. They believed that it operated like a "good ol' boys network" rather than the second-largest county court in Florida.

Judge Larry Schack: Allegations false, and court records can prove it

Judge Larry Schack, guest columnist

11-26-07 -- I read the letter from Martin McMahon and was absolutely shocked since I never made the remark nor anything that could even be misconstrued as such. I have never thought the way that was portrayed in the letter, nor spoken that way. [McMahon letter below] The quote is a complete fabrication. . . . I am writing because Mr. McMahon raised a claim that strikes at the heart of what we as judges are supposed to do. I am responding for several reasons. . . . First, I owe it to the public who invests me with the trusted position of this office to assure them that I am exercising the authority they have loaned me in a proper fashion. . . . Second, as noted, the claim is patently untrue, and I do not want it impacting the proceedings in court. . . . Third, a fabrication of that nature not only impacts my reputation, it also impacts the reputation of the court system as a whole. When a judge goes awry, the entire judiciary tends to be tarred by the same brush. . . . Finally, I wish to use this as an opportunity to further educate the public on what we do as judges.

Letter: How can Judge Larry Shack make such a ludicrous statement?

Regarding Judge Larry Shack and his ludicrous statement, “I’m going to hand out a million years served before I’m off the bench,” what do we have here? Premeditation and prejudice — already sentencing people before their cases are heard. He is an elected egomaniac. . . . Let’s get together and vote, or force this “judge” into another venue — maybe flippin’ burgers at a hamburger stand. Then the “judge” can claim more than a billion served.

Martin McMahon, Stuart

Kaney removed from bench

The Florida Supreme Court won't put the retired jurist on any more overflow cases.

Jim Leusner | Sentinel Staff Writer

11-9-07 -- When Senior Orange Circuit Judge Frank N. Kaney finished handing out sentences Oct. 18, his 34-year career on the bench ended abruptly. . . . The Florida Supreme Court had decided not to renew the retired jurist's annual appointment to assist with overflow cases in the circuit. The exact reason is confidential under court rules. . . . But records released to the Orlando Sentinel show that six defense lawyers had complained to Robert Pleus Jr., then-chief judge of the 5th District Court of Appeal. They said "criminal defendants cannot get a fair trial before Judge Kaney," according to a March 28 letter Pleus wrote to the Florida Supreme Court. . . . Pleus described the attorneys, whose names were not disclosed, as "highly respected members of the defense bar."

October 2007

Judge Resigns Amid Sexual Misconduct Allegations

North Country Gazette

10-17-07 --The Ninth Circuit Judicial Nominating Commission is seeking applicants to fill the vacancy of Orange County Circuit Court Judge James C. Hauser, who has resigned. . . . Applicants for the $145,080-a-year job must be residents of Orange or Osceola counties, a registered voter and an attorney in good standing for at least five years. . . . Gov. Charlie Crist will appoint a successor for a one-year term. The judge later would have to qualify and run for office. . . . Hauser, 58,  resigned in the middle of a misconduct investigation by the state Judicial Qualification Commission.

New rules on court records often ignored

Some Miami-Dade and Broward judges aren't following tough new rules meant to prevent the wrongful sealing of court records.

By Patrick Danner and Dan Christensen

10-15-07 --Six months after the Florida Supreme Court ordered tough new rules aimed at curbing the wrongful sealing of court records, judges in Miami-Dade and Broward aren't following them. . . . A review of sealing orders shows judges often are failing to comply with some of the new law's key requirements, such as specifying in writing the grounds for sealing court records, or including findings that the secrecy was no broader than necessary. . . . Broward judges have issued 10 sealing orders since the high court's ruling on April 5, the clerk's office said. Eight don't meet the new requirements. . . . Four of six sealing orders that judges issued in Miami-Dade do not comply. . . . The cases include the divorce of a prominent Broward homicide prosecutor, a defamation suit against a Miami doctor, and a Fort Lauderdale law firm's fee dispute in a probate matter.

Disbarred judge accused of illegally acting as attorney

By Rebecca Catalanello, Times Staff Writer

10-12-07 --A disbarred judge was booked into jail Thursday amid allegations he has been practicing law without a license. . . . Louis Frazier Tidwell, 69, lost his law license after he was sentenced to prison in 1991 for having sex with a 14-year-old girl and smoking crack cocaine. . . . On Thursday, state attorneys asked Hillsborough Circuit Judge Gregory Holder to sentence Tidwell to jail for violation of probation. . . . Chief Assistant State Attorney Karen Stanley said the violation stems from evidence the state has that he has illegally acted as an attorney. However, no formal charges have been filed detailing those allegations.

Ex-Huntingdon County DJ charged with misconduct

Sara Ganim

10-12-07 --A former magisterial district judge, who served for more than 30 years in Huntingdon County, was formally charged with misconduct by the Judicial Conduct Board Thursday. . . . Former District Judge Daniel S. Davis, who resigned from the bench Aug. 31, is alleged to have covered up financial misconduct in his office, and ordered unlawful community service programs to defendants in his court, according to a formal complaint issued by the board. . . . Davis was charged in the Court of Judicial Discipline in Harrisburg with failure to discharge his duties and failure to maintain adequate records. . . . The complaint filed against Davis alleges that he allowed his constable, David Ray Metzger, to collect more than $800 in fines from defendants and deposit them into his personal account. . . . The Huntingdon County District Attorney’s Office is prosecuting Metzger on forgery and theft-related charges.

Activist Files Complaint Against Judge Durrance

'harsh decisions'

By Dana Willhoit, The Ledger

10-10-07 --Winter Haven resident and community activist Macy Butler has filed a complaint with the state Judicial Qualifications Commission against Polk County Circuit Judge J. Dale Durrance. . . . Butler said that he is complaining because of recent sentences handed down by Durrance. . . . He cites two cases in which he thinks the judgment was too harsh. . . . The cases are Daniel Norris, a volunteer firefighter with no prior criminal record who was sentenced to 30 years in state prison for a drunken driving accident in which two of his friends died, and Joseph Woods, a man sentenced to six months in county jail for uttering a four-letter word in Durrance's court on a first appearance hearing. . . . "They need to review his record and review his tendency to make harsh decisions with people with nonviolent records," Butler said. . ..  Butler, a former president of the Winter Haven NAACP, said that he was especially upset when he heard of the sentence that former Sheriff's Capt. Mark DeComo received in Durrance's courtroom.

September 2007

Chief Judge Under Investigation

By Kristin Smith, First Coast News

9-26-07 -- Jacksonville Circuit Court Chief Judge Donald R. Moran is under investigation for domestic battery. . . . Moran's wife told police he hit her after she punched him or threw something at him during an argument at their home Monday night, according to a police report. . . . The police report shows Moran, 62, left the home before police arrived to investigate. Moran's wife said the two had been drinking. . . . The Jacksonville Sheriff's Office would not say whether investigators have spoken with Judge Moran. A JSO spokesperson says it is an ongoing investigation. . . . Judge Moran has not been arrested. . . . Right now, there is not a warrant out for his arrest. . . . "Police do not need a warrant to arrest the aggressor in a domestic battery," said State Attorney Harry Shorstein. "That is one of the only misdemeanor charges police don't need a warrant to make an arrest."

Judge and Jury

Judge Lazarus takes justice into his own hands in the Keith Wasserstrom trial

By Bob Norman 

9-12-07 -- Joel T. Lazarus is a powerful guy. He isn't just a Broward Circuit judge; he's also a jury. And on Monday, he single-handedly did more to damage anticorruption efforts in his county than just about any man ever has. . . . Lazarus is the judge in the corruption trial against Keith Wasserstrom, a former Hollywood commissioner. Wasserstrom used the power of his office to help a sewage company to which he was allegedly financially tied get a lucrative contract in his city. . . . That much is uncontested fact — and the lurid details smell worse than the sludge involved in the city's contract. But after the prosecution and the defense rested Monday, Lazarus threw out the key felony charge against Wasserstrom, saying the unlawful-compensation case against him was "circumstantial." . . . In doing so, the judge not only subverted a fundamental American legal principle, the jury trial, but also the opinion of a much higher power — the Florida Supreme Court. . . . After Lazarus made the stunning move, I questioned the judge about it outside the courtroom. . . . "Did you make the decision to take this case out of the jury's hands lightly?" I asked him. . . . "What?" . . . "Are you a judge or are you both the judge and jury?"

Vindictive Judge Faces Misconduct Charges

North Country Gazette

9-10-07 -- A Seminole County judge who sent a defendant to jail earlier this year for asking the judge to recuse himself has been formally charged with misconduct charges by the Florida Judicial Qualifications Commission. . . . In a formal complaint served last week, the judicial panel has charged that Judge Ralph Eriksson’s actions were “calculated to punish the defendant for exercising a legitimate legal right” and were “punitive and vindictive”, undermining the orderly administration of justice. . . . In another case, a defendant who was unable to hear the proceedings and who was confused why his attorney hadn’t filed some paperwork, was also sent to jail by Eriksson who has been a judge for 12 years. . . . Bob Lee Walton, 22, had been charged with driving under the influence and driving in violation of the terms and conditions of a business purposes license.  The case had been previously charged in Circuit Court due to an allegation of possession of cocaine that was subsequently dropped.

Failed polygraph exams on sex-harassment allegations haunt judge at hearing

Jim Leusner | Sentinel Staff Writer

9-5-07 -- After allegations surfaced in November that Orange Circuit Judge James C. Hauser exposed himself at a law student's apartment months earlier, he passed a lie-detector test and supplied it to deputy sheriffs and a state judicial panel investigating the matter. . . . On Friday, a lawyer for Florida's Judicial Qualifications Commission disclosed that Hauser failed two earlier polygraph exams and did not report the findings to authorities -- raising questions about this truthfulness. . . . JQC special counsel Lauri Waldman Ross, acting as a prosecutor on the probe, produced the test results subpoenaed from Richard Keifer, an Apopka polygraph examiner and retired FBI agent. . . . "You wanted people to believe you passed a polygraph," Ross asked the judge. "And that included the sheriff's department, the JQC and the public at large?" . . . "That is correct," Hauser said, adding that Keifer told him that the earlier results were "inconclusive." Hauser said he never saw the earlier results.

August 2007

Lawyer: Scathing written opinion not enough to remove
judge from bench

By Paul Flemming, Florida Capital Bureau

8-31-07 -- Like it or lump it, Judge Michael Allen's scathing written opinion in the appeal of W.D. Childers' bribery case doesn't make him unfit to be a judge, his lawyers argue. . . . Wally Pope, the lawyer for the Judicial Qualifications Commission said Allen's actions were ''uncaring, unjustified and motivated by ill will'' against fellow First Circuit Court of Appeal Judge Charles Kahn, reason enough to pursue ethics charges. . . . But Allen's lawyers Thursday argued that ethics charges against the judge should be dismissed because Allen's opinion did not fulfill the basic requirements to pursue an ethics case. . . . ''All Judge Allen's opinion did was show his reason for (voting to have the entire court hear) the Childers case,'' said Bruce Rogow, an attorney for Allen. ''You can like it or don't like it but there's nothing in there that shows a present unfitness to hold office.'' . . . Broward County Circuit Judge Paul Backman, who chairs the hearing panel of the Judicial Qualifications Commission considering the case, said he'd make a ruling on the motion to dismiss as soon as possible.

Florida high court may take up children's rights to sue

By Daphne Duret, Palm Beach Post Staff Writer

8-27-07 -- The question of whether Florida parents can sign away their children's rights to sue sports, amusement and water parks may soon become an issue for the Florida Supreme Court, state lawmakers or both. . . . In the meantime, a recent appellate court ruling in the death of a 14-year-old boy at an Okeechobee ATV park has left both parents and park owners confused. . . . Christopher Jones died in May 2003 after losing control of his ATV at the Thunder Cross Motor Sports Park. His father, Bobby, had signed a waiver acknowledging the risks at the park and giving up his and Christopher's rights to sue - a common practice before children enter parks or participate in sports events. . . . The 4th District Court of Appeal ruled this month that Bobby Jones could not sign away his son's right to sue, clearing the way for a lawsuit against the park on behalf of the boy's estate.

Judge calls police to shoo 'O'Reilly' crew

They are given warnings. But a producer says the judge blocked them in his driveway.

By Colleen Jenkins, Times Staff Writer

8-24-07 -- Circuit Judge Manuel Lopez arrived home Monday evening to find a crew from Fox's The O'Reilly Factor parked in his driveway. . . . The crew wanted to interview Lopez about his decision to grant bail to a man who later killed a sheriff's sergeant. The judge wanted them off his property - and summoned law enforcement to help. . . . A Hillsborough sheriff's deputy issued trespass warnings to Brian Lyle, Jesse Watters and Colin Kelly. . . . The men face penalties only if they return to the judge's home, said sheriff's spokesman J.D. Callaway. . . . But the show's executive producer said Lopez blocked the men's sport utility vehicle, prohibiting them from leaving. . . . "They would have left without incident if the judge had let them," said David Tabacoff.

Pahokee suspect gets out despite 41st arrest

By Rochelle E.B. Gilken, Palm Beach Post Staff Writer

8-22-07 -- Alvin Lamont Walker's rap sheet includes arrests for three homicides, a rape, batteries, burglaries and assaults. . . . And yet, after his 41st arrest, Sunday, the longtime Pahokee criminal was released immediately on his own recognizance, without having to post bail. . . . Walker, 57, who goes by the nickname "Cooter Pop," was charged with simple battery, for allegedly punching a fellow customer during an argument at a Pahokee liquor store. Judge Nelson Bailey allowed Walker to be released, according to the state attorney's office. . . . Bailey could not be reached for comment Monday. . . . Walker's criminal record reads like a broken record of dropped, dismissed or reduced charges. The whole community knows and fears him, said former Pahokee Police Chief Rafael Duran, now a corporal at the sheriff's office. . . . "He's basically a career criminal and has gotten away with a lot of things because people are afraid to talk," Duran said. "It's fear. It's absolute fear."

Fla. Legal Elite Hope to Get Judges a Little Respect

Group wants to bring judges back in public's good graces after embarrassing blunders and judicial abuse and misconduct

Jordana Mishory, Daily Business Review 

8-17-07 -- Prompted in part by Florida Supreme Court justices and the potential loss of a new courthouse, a group of high-powered lawyers is launching its own effort to restore public confidence in Broward County's fractured judiciary. . . . The project is spearheaded by former Democratic state Sen. Walter "Skip" Campbell, prominent Republican lawyer Edward Pozzuoli and Eugene Pettis, a member of The Florida Bar Board of Governors. . . . The group began organizing in the past few weeks and is attempting to set up an initial meeting. . . . The objective: Help bring respect back to a bench beset by criminal investigation, insensitive comments and inappropriate actions. . . . "We have a great judiciary. We just have to prove it to the public," Campbell said. "The group is starting because there is a call for help." . . . The group plans to discuss ways to bring the judges back into the public's good graces and wants to meet with incoming Chief Judge Victor Tobin. . . . The judge said Tuesday that he is receptive to the lawyers' involvement.

'Absurd' case?' Prosecutors think not

A retrial is planned despite a scathing appeals court ruling.

By Carrie Weimar, Times Staff Writer

8-10-07 -- An appeals court called the case against Mark O'Hara "absurd" and "ridiculous," but the Hillsborough State Attorney's Office is refusing to drop charges against the 45-year-old Dunedin man. . . . O'Hara appeared before Hillsborough Circuit Judge Ronald Ficarrotta Wednesday morning, his first time in court since his release from prison July 25. . . . During the brief hearing, prosecutor Darrell Dirks indicated his office plans to pursue a second trial for O'Hara, who was accused of drug trafficking after authorities found 58 Vicodin pills in his bread truck. He had legal prescriptions for the drugs. . . . O'Hara's lawyer, Ira Berman, said he was stunned by the decision. He told Ficarrotta he planned to ask for a dismissal.

Judge questioned on visit to woman's home

Law student disputes his version of encounter

Jim Leusner | Sentinel Staff Writer

8-8-07 -- It started as a conversation between a male teacher and a female student after law class, followed by a casual dinner and a trip to her apartment to borrow some movies. . . . What happened next -- indecent exposure or consensual kissing -- is in dispute and may determine the future of Orange Circuit Court Judge James C. Hauser's career. . . . On Tuesday, an attorney for the state Judicial Qualifications Commission began questioning Hauser to determine his fitness for the bench. . . . In a mock courtroom at the Orlando offices of his attorney, Keith Mitnik, Hauser admitted a romantic interlude last year with a married Barry University law student in Orlando while he was a co-instructor in a class called "Making the Divorce Work." But he was adamant that it was a welcomed advance.

Judge upholds Save Our Homes law

By Marc Caputo

8-8-07 -- The Florida law that shifted about $7.8 billion in property taxes from homesteaders to all other property owners this year is ''even-handed'' and not discriminatory, a Tallahassee judge ruled Monday. . . . Circuit Judge John C. Cooper dismissed a suit filed by Alabama citizens who say they're paying an unconstitutional amount of taxes for second homes in the Panhandle. . . . The judge, basing his ruling on higher court opinions, ruled from the bench that the voter-approved Save Our Homes constitutional amendment did not violate the U.S. Constitution's equal-protection and right-to-travel provisions. . . . The plaintiff's lead lawyer, William Slaughter, said he was ''not at all surprised'' by the ruling because the case is fraught with ''political angst,'' judges such as Cooper are locally elected and ``even the Supreme Court reads election returns.'' . . . Slaughter, whose wife was once listed as a plaintiff, said he plans to take the case to the nation's highest court. Along the way, he'll stop at Florida's Supreme Court and the state's First District Court of Appeal, which issued the Reinish v. Clark opinion in 2000 that held that Save Our Homes is constitutional.

Anna Nicole Judge Larry Seidlin Scores Own TV Show

Move over Judge Judy… Judge Larry is coming to town!

8-8-07 -- Judge Larry Seidlin, the wisecracking emotional judge from the Anna Nicole Smith case, is shooting a pilot for his own TV show, Access Hollywood has learned.

The show will be produced by CBS Paramount. No other details were available.

The lampooning purveyor of justice (dubbed Sideshow Seidlin by the media for his courtroom antics) announced his resignation from the bench in June, amid speculation he was negotiating a deal for his own show.

July 2007

Fla. Appeals Panel Finds in Error Judge Who Made
Columbine Remarks

Billy Shields, Daily Business Review

7-30-07 -- Broward Circuit Judge Charles I. Kaplan suffered his second appellate setback in three weeks Wednesday when a Florida 4th District Court of Appeal panel found he erred twice in holding a Broward juvenile in contempt for violating a court-ordered curfew. . . . In a two-page per curiam opinion in K.M., a child, v. State of Florida and Daryl Wolfe, a 4th DCA panel ruled a valid court order did not exist for violation of curfew, and thus Kaplan could not hold the teenage boy in contempt. . . . Kaplan, who was elected last year, declined to comment on the ruling. . . . Earlier this month, in a 2-1 decision, a different 4th DCA panel disqualified Kaplan from another juvenile delinquency case because the judge made remarks about the 14-year-old defendant's dress and appearance. . . . Kaplan compared the juvenile's appearance to two teenagers who killed 13 people in 1999 at Columbine High School in Colorado. The panel majority said those remarks suggested Kaplan could not be impartial in the case.

Court: Defendant's satanist robe OK for murder trial
Man cites permission given Muslim terror suspects to wear Islamic garb

© 2007 WorldNetDaily.com

7-27-07 -- Florida trial Judge Peter Adrien has ruled that a satanist on trial for allegedly killing and dismembering another man, then eating portions of the body, may wear his full religious regalia when he defends himself in court. . . . The prosecutor in the case, Assistant State Attorney Herbert E. Walker III, told WND the motion was brought by Lazaro Galindo, who is on trial for the 2000 death of Argelio Gonzalez. . . . Walker said he did not object to the request, because Galindo cited recent decisions that have allowed Islam into U.S. courtrooms for Muslim faithful, and he didn't want to set up a circumstance that could result in grounds for an appeal if Galindo is convicted. . . . "His argument was that if Muslims have a constitutional right for their religious beliefs to be recognized by the government, then he does," Walker told WND. . . . Walker told WND it was the first time he's ever heard that a defendant will be allowed to wear satanic garb, and carry the satanic bible, during a murder trial.

I've Got Nothing Here

Radley Balko

7-27-07 -- This story is so bizarre and outrageous, I can hardly believe it's true. . . . Tampa's Mark O'Hara was released from prison this week. He was serving a 25-year sentence for possession of 58 Vicodin tablets. Prosecutors acknowledge he wasn't selling the drug. They acknowledge that he had a prescription for it. At his trial, two doctors testified they'd been treating O'Hara since the early 1990s for pain related to gout and an automobile accident. . . . But prosecutors inexplicably brought drug trafficking charges anyway, because as the article explains, "Under the law, simply possessing the quantity of pills he had constitutes trafficking." . . . This is simply stunning. The man was sentenced to 25 years for possessing 58 pills for which he had a legal prescription. . . . Prosecutors then argued—and the trial court agreed—that the jury was not allowed to consider the fact that O'Hara had a prescription because Florida statutes governing painkillers don't allow for a "prescription defense," as if that rather crucial fact were some mere technicality those ACLU-types are always using to get criminals off the hook.

Judge Victor Tobin to oversee Broward's judiciary

Broward judges on Tuesday elected a 10-year veteran of the bench to the court's top administrative post.

By Dan Christensen & Jennifer Lebovich

7-18-07 -- Broward Circuit Judge Victor Tobin, elected chief judge on Tuesday, pledged to bring a new, open-style administration to a wounded, and deeply divided, county courthouse. . . . Tobin's biggest challenge will be to restore public faith in Broward's judiciary following more than a year of upheaval on the bench. . . . Last week, Gov. Charlie Crist ordered a criminal investigation into allegations of wrongdoing by two Broward judges who have been accused of accepting gifts and money from a defense attorney who regularly appeared before them. . . . Tobin succeeds Dale Ross, who resigned the post last month amid a rash of embarrassing missteps by Broward judges. . . . Tobin's election to lead the second largest judiciary in the state comes on the same day that the state Commission on Human Relations issued a number of recommendations to improve Broward courts.

Stuart's McManus named new circuit judge

By Derek Simmonsen

7-18-07 -- A partner in the Willie Gary law firm will become the newest judge on the Treasure Coast after being appointed to the post Tuesday by Gov. Charlie Crist. . . . F. Shields McManus, 60, a partner with Gary, Williams, Parenti, Finney, Lewis, McManus, Watson & Sperando, fills a vacancy created by the retirement of Circuit Judge Scott M. Kenney. He will be taking over a range of civil, family, probate and other noncriminal matters in Okeechobee and will begin sometime in August, he said. . . . "I'm extremely pleased and happy and excited and very thankful that the governor saw fit to appoint me because all the candidates were eminently qualified," he said Tuesday. "This was something that I wanted to do for many years."

Prosecutor named to probe 2 Broward judges

By Wanda J. DeMarzo

7-13-07 -- A criminal probe into possible wrongdoing by two Broward judges will be conducted by the Miami-Dade State Attorney's Office. . . . On Thursday, Gov. Charlie Crist assigned State Attorney Katherine Fernández Rundle the task of investigating accusations that Circuit Court Judge Larry Seidlin received gifts or loans from a local attorney who regularly represented clients in his courtroom. . . . Fernandez's office will also investigate whether Broward County Judge Robert Zack inappropriately solicited or accepted gifts or loans from a local attorney who appeared before him on a regular basis. . . . Crist assigned the cases to the Miami-Dade State Attorney's Office after receiving a request from the Broward State Attorney's Office on July 2. State Attorney Michael Satz said his office could not conduct the investigation because of a conflict of interest. . . . Seidlin -- best known for his crying jags and emotional outbursts during the Anna Nicole Smith case -- was a former prosecutor with the Broward State Attorney's Office and is eligible to preside over cases prosecuted by Satz. . . . Zack is a sitting judge and his daughter is a former prosecutor. . . . It's against the law for judges or public officials to receive gifts from anyone doing business with their agency. Judges also are required by law to report gifts on their annual financial disclosure forms to the state Ethics Commission.

Lawyer's memo: Father offered favor to Broward judge before son's sentencing

By Tonya Alanez | South Florida Sun-Sentinel

7-13-07 -- A Broward assistant public defender is raising questions about an off-the-record exchange between a judge and a parent in a juvenile case, according to a memo obtained by the South Florida Sun-Sentinel. . . . During a June 12 courtroom recess and before imposing a sentence upon a teenage boy, Broward Circuit Judge Charles Kaplan gave his business card to the teen's father after he told the judge he could get free tickets to social soirees, according to Assistant Public Defender Tanya Simpson's memo. . . . Kaplan says he did not received any tickets nor was that his intent. . . . "I'll gladly stand up to any scrutiny anyone wants to throw at me," he said. "I have a sterling reputation." . . . The teen, who had violated probation by testing positive for marijuana and the anti-anxiety drug Xanax, was before Kaplan on an open plea, which leaves it to the judge to determine the sentence.

Fla. Judge Removed From Juvenile Case Over Columbine Remarks

Billy Shields, Daily Business Review 

7-13-07 -- In a split opinion, a Florida 4th District Court of Appeal panel removed Broward Circuit Judge Charles Kaplan from the juvenile delinquency case of a 14-year-old based on Kaplan's remarks comparing the defendant's dress and appearance to the two teenage mass killers at Columbine High School in Colorado. . . . The opinion was supported by 4th District Judges Larry Klein and Robert Gross. Judge Barry Stone dissented. . . . The Broward teen was in court over his possession of a razor blade on middle school property. The teen said he simply forgot to remove the blade from his trousers. . . . According to the 4th District ruling, Kaplan said in open court that the defendant is "walking around with a razor in his pocket; he's wearing black; his fingernails are black; he's got that thing in his ear. ... I think if you look around at all the kids that are doing things in school, they're dressing this way."

Defense lawyer who has accused two Broward County judges of improprieties leaves town with bitter taste of justice

Michael Mayo

7-9-07 -- A "For Sale" sign hangs outside Lawrence "Chris" Roberts' waterfront home in Fort Lauderdale. After 38 years in South Florida, he intends to move to the Jacksonville area with his wife and 7-year-old son. . . . Roberts, a defense attorney and former judge, is not leaving quietly. . . . In the last month, he's taken a figurative torch to the Broward County Courthouse where he spent much of his professional life. . . . First he leveled allegations of impropriety against Larry Seidlin, the recently retired judge and ringleader of the Anna Nicole Smith circus who's gone on to pursue a television career. . . . Roberts said the judge prompted him to buy a $1,000 Louis Vuitton purse for Seidlin's wife about five years ago. At the time, Seidlin gave Roberts lucrative special public defender appointments in juvenile court.

On Mayo, Roberts, Kent, and JAABloggees

The Daily Pulp, Bob Norman’s Blog

7-9-07 -- Sun-Sentinel columnist Micheal Mayo weighs in on the Seidlin story this morning with a piece focused on Lawrence "Chris" Roberts, the man who blew the whistle on Judges Larry Seidlin and Robert Zack. The piece has its merits, including being the first to report that Roberts was planning to move out of the area (I only learned that Friday afternoon myself) and squarely looking at the ethical quagmire involved. But Mayo, in the midst of the column, takes flight from reality: . . . "It's hard to say whether Roberts should be lauded for his 11th-hour integrity or lambasted for his self-serving timing. . . . After all, it's pretty easy to set the town ablaze on the way out. True virtue would have meant refusing the gift and loan requests and immediately reporting the judges." . . . True virtue at the Broward County Courthouse? . . . Pardon me while I laugh my ass off. The courthouse has been so deeply corrupt for so long that finding "true virtue" there is like finding true peace in Iraq. It's just not there. That place is packed with stories about prosecutors cavorting with judges, of undisclosed gifts and illicit favors, of justice subverted, of, in fact, every sin imaginable. But those stories will never be told. I know a few ditties myself that would take the Seidlin matter to another level and make for a new scandal or two. . . . But the people at the heart of them, namely lawyers, know what will happen if they snitch (and Roberts' use of the word "rat" in Mayo column is telling). They'll be blackballed. They'll be smeared. They'll be destroyed, plain and simple. They can't tell the story, and if they do it's off the record. And if it's repeated, they'll deny it.

Judge won't hear cases involving Broward State Attorney's Office

Zack faces investigation over loan

By Tonya Alanez, South Florida Sun-Sentinel

7-5-07 -- The Broward State Attorney's Office has agreed to have all of its cases before embattled County Court Judge Robert S. Zack reassigned to another judge. . . . Zack, 64, is facing an investigation for inappropriately accepting a $2,500 loan from a defense attorney who regularly appeared before him. . . . The state attorney's office on Monda