Florida's Judicial News
& Views
Judges Tortured,
Murdered Terry
Click headline for full story
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.
|
Eleven years ago eBay did not have any
customers; today they have over 150,000,000 users and are growing
globally at a rate of 100,000 users per day.
|
Click logo now!!!!
 Proceeds from your membership benefit us! |
With NiceSale you have the opportunity to be a part of Internet
history and be one of the early members. Membership with NiceSale is
very exciting because your membership allows you to share in
NiceSale's revenues. Each item you list can attract a buyer and a
potential new member or user for you. EBay is nothing like
NiceSale; with NiceSale you can share in the growth and success.
|
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
|

Broward Circuit Judge Charles Kaplan |
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 |