|
In
Bizarre Case, Weepy Ex-Judge and Rich 83-Year-Old By Jordana Mishory MIAMI - An 83-year-old neighbor of former Broward Circuit Judge Larry Seidlin contends he and his family exploited her frail state and swindled the millionaire out of several hundred thousand dollars in real estate, furniture, electronics and school tuition. In an unusual legal twist, Barbara Kasler now is trying to prevent Seidlin from complaining she was abused or exploited by others to law enforcement or the state Department of Children and Families, which already has cleared him of an elder exploitation allegation. Broward Circuit Judge Thomas Lynch convened an emergency hearing last week on Kasler’s motion to enjoin Seidlin, his wife, his in-laws and their attorneys from lodging abuse complaints involving her after DCF and Fort Lauderdale police twice responded to tips that she was receiving inadequate medical and nutritional care. In court documents, Kasler’s attorney, Bill Scherer, claims the only harm his client is facing is from frivolous abuse reports and the subsequent investigations. "Further intrusion and questioning of Ms. Kasler by DCF and law enforcement would be traumatic to her health and physical well-being" and could "lead to a panic and stress-induced death," Scherer of Conrad & Scherer in Fort Lauderdale wrote in an Oct. 11 motion, citing concerns raised by the woman’s psychiatrist. Kasler suffers from chronic obstructive pulmonary disease and end-stage Parkinson’s disease, which can be accompanied by dementia. Her ex-husband and children are dead. Two distant relatives are now her caretakers. Kasler’s one-time attorney, Robert Bissonnette, filed an emergency guardianship petition in July in probate court, claiming he was wrongfully discharged and Kasler was being unduly influenced by her caretakers. In another court, Kasler’s civil exploitation case filed in June against Seidlin, his wife Belinda and his in-laws alleges the former probate judge preyed on her vulnerability. Kasler and Seidlin live in Marine Tower on Las Olas Boulevard. The lawsuit contends Seidlin began introducing himself as Kasler’s son and wearing diamond and gold jewelry that belonged to her dead sons within six months of befriending her. Scherer said he believes the Seidlins are responsible for bringing police to Kasler’s door twice in October — first through an anonymous tip to DCF and then with a "scurrilous and improper rogue letter" sent to two probate judges who have a duty to report elderly abuse. The letters alleging abuse and exploitation of Kasler by her caretakers were sent by Seidlin’s attorney, Russell S. Adler, a name partner at Rothstein Rosenfeldt Adler in Fort Lauderdale. Information Sharing His letters said Lyn Evans, who was brought in by Kasler’s niece by marriage, holds the elderly woman’s power of attorney. Evans allegedly ordered a nursing assistant to call her and not 911 in an emergency and forced Kasler to sign reams of legal documents. Adler said his firm sought the advice of The Florida Bar before sending the letters. "Opposing counsel may not like what we have done, but the truth is paramount here, and he cannot stop us from sharing the truth with anyone," he said. "Nor do we believe that the court has any jurisdiction to stop us from sharing information with the guardianship judge, DCF or anyone else outside of our case." In an interview, Scherer said the emergency motion to sideline complaints by the Seidlin family was intended to spare Kasler anxiety. But defense attorneys contend Kasler’s request ranges from unusual to ridiculous. "It is in my opinion one of the most spurious motions I have ever seen," said Fort Lauderdale attorney Walter "Skip" Campbell, who is representing Seidlin’s in-laws Barbara and Oren Ray. Campbell, a former state senator, said it is ludicrous to try to prevent someone from reporting elderly abuse or exploitation. Fort Lauderdale Mayor Jack Seiler, who represents Dorothy Colletto, a former girlfriend of Kasler’s late son who is accused by Kasler of conspiring with Seidlin, said state law has wide latitude for elderly abuse reporting. "If there is a basis for a belief that someone is being exploited, the proper and appropriate thing to do is report it," Seiler said. Both attorneys reject Scherer’s allegations. Lynch is expected to finish the hearing in the next few weeks. No date has been set to resume the hearing. Kasler’s elderly exploitation case should go to trial in the next six months on an expedited basis because of her rapidly deteriorating health, Scherer said. Seidlin became a household name when he presided — at times in tears — over the fight for the body of late Playboy Playmate Anna Nicole Smith. For six days, he captivated TV viewers across the country as he made garish remarks about Smith’s decomposing body, offered tales of his time as a New York cabbie and eventually awarded the body to Smith’s infant daughter. His celebrity status soared with a lampoon on "Saturday Night Live," but his local reputation soured. News reports came out that he played hooky from work, taking three-hour lunch breaks and cutting out early to play tennis. Allegations surfaced that he exploited Kasler and accepted bribes from attorneys in exchange for lucrative appointments. He resigned in July 2007 after almost 28 years as a judge. Investigations ended with no charges. In January, the Miami-Dade County state attorney’s office cleared him of wrongdoing. In May, DCF said it found no indication that Seidlin exploited Kasler. Scherer didn’t let the cleared investigations deter him, comparing Seidlin to O.J. Simpson, who was acquitted of murder charges but found liable in civil court to his slain ex-wife’s family. "We allege [Kasler] was exploited and she was exploited horribly, and we intend to prove it," Scherer said. Asset Sales The civil suit claims the Seidlins persuaded Kasler to sell one of her apartments to them for half what it was worth and transfer a Palm Bay parcel to them for pennies on the dollar. Seidlin also allegedly wrote more than $500,000 in checks to his family on Kasler’s bank accounts to pay off their condominium, buy a second home and pay for their daughter Dax’s private school tuition. Seidlin allegedly halted Kasler’s plans to marry and move to a community where her sister lived because it could shrink his family’s inheritance. The lawsuit contends Seidlin, his wife and Colletto conspired to change Kasler’s will to disinherit her relatives and split her almost $6 million estate among Belinda and Dax Seidlin and Colletto. The lawsuit asking for the recovery of real estate, jewelry and other possessions seeks $3.6 million from the Seidlins, $540,000 from the in-laws and $3.3 million from Colletto, according to court documents. The lawyer who filed the exploitation case did not stay on it for long. Bissonnette, a Fort Lauderdale attorney at Robert P. Bissonnette P.A., was replaced shortly after filing the suit by Scherer. Bissonnette, who declined to comment, filed the guardianship petition in probate court, alleging he had been wrongfully discharged because Kasler was being influenced by her caretakers. Scherer called the guardianship case "frivolous" but declined further comment. In his motion, he refers to Bissonnette as Kasler’s "former and disgruntled attorney." The probate case is ongoing. In a July 28 report, General Magistrate Rita Berry found there is no imminent danger to Kasler. The judge appointed Fort Lauderdale attorney Jerome Siegel to represent Kasler’s interests as counsel Aug. 3. He did not return a call for comment by deadline and has been discharged from the case, court documents show. Much of the guardianship record is confidential, but records indicate a geriatric care manager were appointed for Kasler. Adler wrote probate Judge Mark Speiser, who is overseeing the guardianship case, on Oct. 7, stating Kasler’s mental capacity is relevant to the exploitation case. "During our firm’s investigation in defense of the Seidlins, we have uncovered disturbing evidence concerning medical neglect that is endangering the life and health of Mrs. Kasler as well as financial exploitation that is currently happening," Adler wrote. He attached an Oct. 6 affidavit from Vilma Shand, a nursing assistant who began working for Kasler in July. Shand said Evans discouraged her from taking Kasler to scheduled doctors’ appointments and from calling 911 in case of an emergency. "She implied to me that Barbara Kasler fakes these medical emergencies and instructed me, as my employer, never to call 911 again, unless I call her [Lyn Evans] for permission first," Shand said. Shand said Kasler appeared intimidated by Evans, who has made Kasler sign stacks of legal documents when she appeared to not be "in any condition to sign anything." She said Evans once instructed her to stop treatment so Kasler could sign documents. She said Evans fired a nurse who discovered Evans had installed a hidden camera in the apartment. In a second affidavit, Adler’s investigator said Evans is a false name. The investigator also claims two of Kasler’s relatives who recently became involved in her care simultaneously spent large sums of money — the niece purchased three new cars worth a total of $126,000, and the adopted granddaughter paid off $151,000 in debt. Adler wrote a second letter to administrative probate Judge Mel Grossman, in which he enclosed the letter to Speiser and asked him to "intervene and take whatever actions that your honor may deem necessary." The letters spurred Scherer to file his emergency motion with Lynch, saying he believes Grossman contacted DCF in response to Adler’s motion. Grossman did not return a call for comment by deadline. Scherer said Kasler was being provided with "state-of-the-art medical care," and the police officer who responded Oct. 1 on the DCF tip noted the presence of recently prescribed medication. He said DCF attorney Jean Costa agreed the court needs to protect Kasler from "further frivolous reports of abuse to DCF and law enforcement." Yet, DCF and the police were back nine days later. Costa did not return a call for comment by deadline. "Mr. Adler’s letter to Judge Speiser is an illegal, unauthorized and unprofessional attempt to influence Judge Speiser by insinuation, innuendo, libel, inflammatory statements and outright inaccuracies or falsehoods," Scherer wrote. He said Seidlin must be stopped. Lawyer May Lose License for Blog Entry on Broward Judge By Tonya Alanez
Courts
By: Jordana Mishory Broward́s
No-Love Triangle By Bob Norman The conflict began in earnest after Roberts reluctantly went on the record in New Times two weeks ago with an allegation about Seidlin, who gained notoriety after overseeing the bizarre Anna Nicole Smith hearings and recently signed a TV deal with CBS. The lawyer said the judge asked him for gifts, including a $1,000 Louis Vuitton purse for his wife´s birthday. At the time, Seidlin Judge Larry Seidlin was regularly appointing Roberts to defend cases in his courtroom on the public´s dime. After the story broke, the Broward State Attorney´s Office asked Governor Charlie Crist to appoint an independent prosecutor to investigate the case. Local and national media outlets followed with coverage and readers and viewers chimed in with vigor and venom, often taking sides between the two former friends. Roberts says it was his familiarity with Seidlin that led him to conclude that the judge was ¨despicable.¨ He says his old friend is cheap, manipulative, and immoral. But he says he didn´t write Seidlin off until three or four years ago, when their mutual pal, then-Broward County Chief Public Defender Alan Schreiber, told him something that turned his stomach. According to Roberts, Schreiber said, ¨Larry found an old woman with a lot of money in this apartment in his building. I warned him not to get involved because this is going to be trouble. You know Larry.´¨ Roberts says he knew exactly what Schreiber meant: The judge was going to hustle the elderly woman out of money. That woman was 81-year-old Barbara Kasler, a lonely millionaire living in the judge´s Fort Lauderdale condo building. Seidlin began catering to K asler´s every need, delivering three meals a day to her condo and driving her to the doctor and hair salon. In return, Kasler, who is worth millions, has showered the Seidlin family with land, tuition money at Pine Crest School for Seidlin´s six-year-old daughter, and other gifts that total into the six figures. Kasler told me she willingly gave Seidlin the windfall, which has included privileges at the exclusive Lauderdale Yacht Club where she belongs. ¨A judge, especially one who heads the family and probate divisions [as Seidlin did], should never accept that money,¨ Roberts complains. ¨It´s financial exploitation and it´s despicable. I was finished with Seidlin when I heard about that.¨ Both men, however, remained friends with Schreiber. The financial ties between the three ran deep. Seidlin appointed Roberts to cases in his courtroom at $350 a pop, which can add up quickly under the gavel of ¨Lightning Larry.¨ Schreiber employed Seidlin´s wife, Belinda, as an investigator at about $50,000 a year. And the public defender hired Roberts to train young lawyers in his office for $10,000 a year. It made for very cozy relationships. They dined with one another´s wives and children. They even once vacationed together in three rooms at The Breakers Hotel, the ultra-swank beachfront resort in Palm Beach. It was Labor Day Weekend 2002, and Roberts´ wife, a travel agent, had found a bargain rate for the resort, where the cost varies between about $260 and $830 a night. All three men and their wives attended, along with Seidlin´s then-baby daughter and Roberts´ young son. They all paid their own way at the hotel, but Roberts says Seidlin found a way to get one over on both him and the hotel during the trip. First, the judge wasn´t pleased with the caliber of the rooms, which Roberts said had a ¨nice view of the parking lot.¨ The lawyer says he watched as the judge famous for manipulating the Anna Nicole hearings tried to manipulate the front desk clerk, who happened to be a black woman. ¨Do you know who this is over here?¨ Roberts says Seidlin asked the clerk. ¨This is Alan Schreiber. He is the man responsible for electing the first African American woman to a constitutional office in Broward County.¨ Seidlin was referring to the since-disgraced Miriam Oliphant, who was elected as the county´s Supervisor of Elections in 2000 with Schreiber´s considerable support. Roberts says the judge´s racial pandering embarrassed him. ¨I ducked my head into a corner while he was talking to her.¨ But Seidlin´s perseverance paid off -- he finagled three rooms with partial ocean views. ¨Larry´s a master schmoozer,¨ says Roberts. Roberts soon went from embarrassed to angry with Seidlin, though. Roberts says the judge suggested they take turns paying for Schreiber´s meals, since the public defender, who would leave office in 2004 after serving six terms, had done so much for them (forget that he´d done it with tax dollars). Roberts agreed and, later that night, plunked down a few hundred dollars at a nearby steakhouse for everybody´s dinner, he says. The next morning, they all got together for bagels at breakfast. ¨Larry vaulted across the table to get the bill,¨ Roberts recalls. ¨That was his turn to pay. I paid several hundred dollars, he paid about 28. It was the only time I remember ever seeing him reach into his pocket for anything.¨ Anecdotes about Seidlin´s frugality are legion at the courthouse. He reportedly made regular trips to a pizza joint at closing time to buy old slices for a quarter apiece, keeping them stored in his freezer. It´s said that he once put a pork chop in his sock to take home after a Florida Bar function. Things like that. ¨He´s always trying to get something for nothing,¨ Roberts says. ¨And that´s what he did with the purse and with the woman in his building. He found a golden goose. And Larry Seidlin will strangle the goose to get it to lay more eggs if he has to.¨ I called Schreiber, who is now in private law practice, but he was clearly in defensive mode. He said he didn´t think the judge had done anything wrong when it came to Kasler because she was lonely and depressed and the judge had ¨pulled her out of the doldrums.¨ So it was worth whatever large sums of money she gave him, he says. When I brought up the trip to The Breakers, Schreiber started to clam up. ¨Both Larry and Chris are good friends of mine and I´ve been to a lot of places with them,¨ he said. ¨I remember paying my own bill, that´s all I really remember. So I can´t help you.¨ Then he hung up the phone. Seidlin´s attorney, Ed Shohat, who told Greta Van Susteren on the Fox News Network last week that Roberts had ¨zero credibility,¨ didn´t return my calls. So far Roberts is the only practicing lawyer to go on the record with firsthand experiences regarding corruption at the courthouse. And one reason he´s felt safe in coming forward is that he plans to move his family to northern Florida soon. In addition to the Seidlin allegations, he told WSVN-Channel 7 a few weeks ago that Judge Robert Zack borrowed $2,500 from him and didn´t pay it back. Roberts simply shouldn´t have bought the purse for Seidlin or let Zack borrow the money. But Roberts says he felt pressured by both judges, even going so far as using the term ¨extortion¨ when it came to Seidlin´s requests. ¨It´s very hard to say no in a situation like that,¨ he says. ¨The truth is I really want to do well by my clients. But the courthouse is a cesspool and I´ve gotten completely disgusted with it. Unfortunately, nobody else has come forward.¨ The man should know the courthouse; he´s been a part of it for the past 35 years. Originally from New Jersey, he came to South Florida to attend the University of Miami and after graduating from law school started working at the State Attorney´s Office in 1972. A mere four years later he was elected as the youngest judge in Broward County history. But Roberts had a problem. He was a binge drinker prone to doing idiotic things while under the influence. In 1981, while on a bender, he pulled over a driver he thought had cut him off. Then he held a gun on the driver while he called police -- who arrived and promptly arrested Roberts. He went straight to rehab and resigned his judgeship. Then he got out of rehab and kept drinking, ringing up two more DUIs and burning through a few more failed stints in rehab. Finally, on New Year´s Eve 1982, he quit drinking. By that time, though, he was broke and nearly friendless. The only person who would give him a job was former Sunrise mayor John Lomelo, who hired him as a municipal golf course maintenance man at about $200 a week. When a Sun-Sentinel reporter heard about the judge-turned-groundskeeper, Roberts was put on the cover of Sunshine, the newspaper´s long-dead Sunday magazine. The article, titled ¨The Trials of Judge Roberts,¨ prompted several people who were dealing with alcoholism to contact him. And it gave him an idea: Get back into law and devote his practice to DUI cases. Roberts has been doing that for about a quarter century now. ¨It´s like a little AA meeting every time somebody comes into my office,¨ he says. After the Seidlin story broke, Roberts says he heard from his friend Schreiber, who visited him at his home in Coral Ridge last week. The two sat in the pool, Roberts says, and later had dinner together at Big Louie´s Pizza. The former public defender asked a lot of questions, says Roberts: Had he had a drink lately? Was he on any prescription medication? C´mon, had he really not had a drink in 25 years? Roberts became suspicious. Was Schreiber trying to dig up dirt for Seidlin? Roberts says he doesn´t think so -- but if anyone understands the precarious nature of friendships forged at the Broward County Courthouse, it´s former Judge Lawrence ¨Chris¨ Roberts. Judge Larry Seidlin "In The
Bag":
http://blogs.browardpalmbeach.com/pulp/2007/07/irs_slammed_judge_larry_with_t.php Michael Mayo
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. Roberts also went after County Judge Robert Zack, saying he lent Zack $2,500 in March 2006 at the judge's request, only to get stiffed. Roberts, who routinely appeared before Zack, said the judge repaid the loan last month, after a television reporter began making inquiries. "I was part of the good old boy network, and you're not supposed to rat anybody out," Roberts, 60, said in his living room Thursday. "But I've just gotten so fed up with the courthouse and what it's become, that I've had to speak out." Attorneys for Seidlin and Zack say the judges did nothing improper and await full investigations. 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. "I should have told him, 'Go out and buy your own purse for your wife, you cheap bum,' but I didn't, and for that I was wrong," Roberts said. Roberts said he didn't want to make waves at the time, not with Seidlin giving him a steady stream of juvenile appointments at $350 a pop. Many would be pleaded out in a few minutes. "You could make $1,000 in a morning," Roberts said. He estimates Seidlin gave him around $50,000 worth of appointments that year, about a quarter of his income. "If he admits that, then he did the entire justice system a tremendous disservice by waiting so long to report it," said Norm Kent, a longtime Broward attorney. "Now he looks almost as bad as the party he's accusing." Roberts has his own place in the Broward Judicial Hall of Shame. He was a prosecutor elected to the Broward bench in 1976 at age 30, the youngest judge in Florida. Five years later he resigned in disgrace, his life and career ruined by alcoholism. He quit after a DUI incident in which he brandished a gun against another driver, stopped drinking in 1982, took a job as a golf course greenskeeper and was reinstated to the Florida Bar in 1984. For the past 23 years, he's been a successful defense attorney. In 1996, he ran for Broward County sheriff and lost. Roberts had kind words for Zack, contempt for Seidlin. He said his breaking point came when he learned that Seidlin's family got gifts and favorable land deals from a wealthy elderly neighbor Seidlin befriended. On FOX News last week, Seidlin's attorney Ed Shohat called Roberts "extremely bitter." "He's absolutely right, I am bitter," Roberts said Thursday. "I'm bitter that for 28 years this bum has been stealing from the state of Florida, working two hours a day and playing tennis. I'm bitter that he's been exploiting an elderly woman. ... He's not a disgraced judge, and I am." Whoever said life was just? Judge
Won't Hear Cases Involving By Tonya
Alanez By Wanda J. Demarzo A Broward judge accused of making a racial comment in court has been cleared of any wrongdoing by the state agency that polices judges. Circuit Judge Charles Greene used the initials ''NHI'' (no humans involved) in April after jurors acquitted a defendant of attempted murder. It took the Judicial Qualifications Commission only five minutes Thursday to decide Greene had done nothing wrong, said Greene's attorney, Dale Sanders. ''Judge Greene had no idea that the acronym was considered by some a racial epithet,'' Sanders said. "And for anyone to think that he is racially biased is just plain ludicrous.'' To prove his point, Greene presented the JQC with over 30 affidavits from attorneys, judges, and law-enforcement officers, including police chiefs, who said they had never heard of NHI before, Sanders said. The JQC met in Orlando on Thursday and Friday. On Friday, the Florida Bar presented Greene with a 2007 leadership award. Greene received the award in Orlando. At the time the remark was uttered, several attorneys, including Broward Public Defender Howard Finkelstein, called the remark insensitive and racist. The victim, defendant and witnesses in the case were all black. Greene, 51, stepped down as the county's chief criminal judge and asked for reassignment to the civil division. The 16-year veteran of the bench said his statement was not intended to demean anyone, nor was it intended as a racial comment. Sanders added that Greene is a good man, who volunteers his time and private plane to assisting children and adults in need, regardless oftheir race. ''He flies angel flights whenever he is needed,'' Sanders said. ''If he gets a call that a child needs to get to Houston for a liver transplant, he immediately gets in his plane and flies the child,'' Sanders said. On Tuesday, Greene said he was pleased with his new position in the civil division. ''I get to hear some of the most complex cases from some of the best attorneys in the country,'' he said. Gift
Probes By Wanda J. Demarzo Two Broward judges are facing criminal investigations, accused of accepting gifts and money from a defense attorney. Charles B. Morton, chief assistant state attorney, asked Gov. Charlie Crist on Monday to appoint an outside prosecutor to look into allegations of wrongdoing by Circuit Judge Larry Seidlin and County Judge Robert Zack. The allegations were first made against Zack during a WSVN-Fox 7 broadcast on June 19, Morton said. It was reported that Zack solicited and received a $2,500 loan from attorney Lawrence ''Chris'' Roberts, who regularly handled cases before the judge. Morton also wrote in a June 28 letter that the Broward-Palm Beach New Times reported that Seidlin solicited and received gifts from Roberts. The article also reported that members of Seidlin's family received property and monetary benefits from a wealthy 81-year-old neighbor, Barbara Kasler. Seidlin's attorney, David Bogenschutz, said he does not believe his client's actions were criminal. Bogenschutz declined to comment on Roberts' allegations that Seidlin asked Roberts to purchase a birthday gift for Seidlin's wife and for himself. Requesting an outside prosecutor is common in a case where the state attorney's office could have a conflict, said Bob Jarvis, a legal ethics professor at Nova Southeastern University. ''These are serious allegations and the state attorney's office is doing the appropriate thing,'' Jarvis said. Roberts told The Miami Herald on Monday that he loaned $2,500 to Zack in March 2006. The loan was repaid two weeks ago, after the media began asking questions. ''I walked into my office on a Monday morning and there was an envelope that someone had pushed under the door,'' Roberts said. ``It was the money I loaned him. I didn't think I was ever going to get my money.'' Zack's attorney, Don Wich, could not be reached for comment. Zack, 64, a judge since 1988, earns $137,020 a year. He has faced Internal Revenue Service liens, dodged an $85,000 lawsuit judgment, struggled to meet mortgage payment deadlines and eventually declared personal bankruptcy. He also failed, for seven consecutive years, to disclose on sworn financial statements that he owed upward of $90,000 in personal loans to a politically influential bail bondsman who did business in his court. The Judicial Qualifications Commission investigated him in 2000 but found no wrongdoing. Roberts, 60, said he loaned Zack the money because he thought of him as a friend. ''I certainly don't believe that the money I loaned him was the first time he's borrowed money from an attorney or anyone else,'' Roberts said. In Morton's letter to Crist, he included a transcript copy of the broadcast and a copy of the published article. The JQC is now investigating. The JQC also is investigating Seidlin after Miami attorney John Thompson filed a complaint about the judges' conduct during the Anna Nicole Smith hearings. Miami Herald staff writers Jennifer Lebovich and Larry Lebowitz contributed to this report.
Lawyers Launch Blog to Cyber-Slam Bad Judges FORT LAUDERDALE -- A small band of criminal defense lawyers has shaken up the Broward County legal community with a Web log that reports what the bloggers consider abuse and misconduct by judges. Their controversial blog (JAABlog.jaablaw.com) takes daily blasts at Broward judges and urges lawyers to run for election against sitting judges. Designed as the communication arm of the new criminal defense group Justice Advocacy Association of Broward, the site was started last year to provide information about case law. The site, which averages 31,000 hits a week, has become a daily must-read for many in the legal community at a time when Broward judges are involved in a series of verbal gaffes and face allegations of misconduct. The blog gained visibility last month when it was the first to report that Circuit Judge Charles Greene, chief administrative judge of the criminal division, used the term "NHI" — meaning no humans involved — to describe the minority victims and witnesses in a recent murder trial. That remark led to a firestorm of criticism. In the wake of the controversy, Greene stepped down as administrative judge and at his request was re-assigned to the civil division. Fort Lauderdale attorney William Gelin, one of the blog’s founders and a frequent writer, said the goal of the blog is to inform the public and hold court officials accountable. "We are shedding light on previously very dark places," he said, adding that so far judges have not treated him or his clients differently as a result of his blogging. The Web site has angered many Broward judges and lawyers. Last week at a news conference, Broward Chief Judge Dale Ross blamed the blog’s organizers for trying to "undermine" the judiciary. He said in an interview he would prefer that lawyers with concerns come to him directly. "I like folks who are serious people, who come up to me face-to-face and say, ‘Hey Dale, I have a problem I’d like to talk to you about,’ " he said. While Ross said he doesn’t read the blog, he complained that he hadn’t "seen one thing yet that was factually correct." The incoming president of the Broward County Hispanic Bar Association, Miramar attorney Jose Izquierdo, also criticized the organizers of the blog, saying they are using it "as a forum to attack and not fix the problem." Russell Williams, vice president of Broward Association of Criminal Defense Lawyers, echoed that criticism of the blog. "All they do is complain, and the complaints become a cancer that grows from the inside and spreads throughout the courthouse," he said. Leading voice of discontent Broward Circuit Court has not been accustomed to such noisy criticism. Since 1991, the court has been led by Ross, who recently was unanimously re-elected chief judge by his fellow judges. Few incumbent judges have faced election opponents because Broward lawyers fear alienating them. There’s no regular rotation system, so most judges remain in their assigned divisions for long periods. In addition, under former Gov. Jeb Bush and his hand-picked Judicial Nominating Commission, there were few appointments of black or Hispanic judges despite the county’s large and growing minority population. Bush tended to appoint former prosecutors to the bench, and some of these Bush appointees, notably Circuit Judge Cheryl Aleman, have angered the defense bar with what is perceived to be their pro-prosecution bias. All these factors, plus the recent series of embarrassing judicial comments and conduct, have led to growing frustration with the court and with Ross’ leadership. The new blog has been a leading voice in expressing that discontent. Broward County Public Defender Howard Finkelstein, a frequent critic of Broward judges who is not connected with JAABlog, lauded the Web site as one of the most important factors driving change in the court. "In Broward, judges have become way too accustomed to not being challenged in either the courtroom or at the polls," he said. Critics, however, say the bloggers simply want to bring down Chief Judge Ross and other judges. "I don’t have an agenda against any judge, the judiciary or anything," Izquierdo said. "The situation regarding [sensitivity toward diversity] is not a springboard for attacking judges that you have a problem with." Gelin acknowledged personal feelings of animosity toward Chief Judge Ross and his leadership. But he said the Web site was designed as a forum for criminal defense lawyers to discuss issues and gather information. In addition to critiques of judges, the blog posts arrests sheets, links to news articles about the courthouse, announcements of upcoming meetings and events in the community, summaries of appellate court rulings and vignettes of courthouse happenings. Gelin said Ross and his colleagues on the bench are responsible for the current problems facing the court — not his blog. "The judiciary is doing this all by themselves," he said. Ross’ "attempt to scapegoat us is a little bit ingenuous." Rich pickings The Broward blog began as an offshoot of the Justice Advocacy Association of Broward, a criminal defense bar group created last summer. Initially, the site posted appellate decisions, court meetings, newspaper articles and an occasional rant. But JAABlog soon eclipsed the sponsoring organization by reporting on a steady stream of controversial statements and actions by the judges. And the bloggers have had rich pickings. In February, the state Judicial Qualifications Commission filed charges against Judge Aleman, alleging that she "engaged in a pattern of arrogant, discourteous and impatient conduct." That same month, during a bail hearing, Judge Ross said a black defendant charged with violating a noise ordinance was "playing that atrocious rap music on a boom box." Also in February, Circuit Judge Larry Seidlin became the object of national ridicule for his handling of the Anna Nicole Smith body-custody case. Then Circuit Judge Lawrence Korda was charged with smoking pot in a Hollywood park and took a leave of absence. Last year there were several other incidents of Broward judges making comments that were widely considered insensitive to minorities and poor people. The nearly 320 members of the Justice Advocacy Association of Broward all have author keys to compose Web posts. Viewers can weigh in with comments, either signed or anonymous, without being moderated. A handful of JAAB members write and sign most of the posts. Gelin is one of the main bloggers. "If you truly believe something, you ought to sign your name to it," he said. Under his lead, the blog has polled readers on who they think should run against Ross for the position of chief judge. No one ran against Ross in the most recent election in February. This week, Gelin urged readers to file to run against sitting judges. Gelin’s actions impressed a Miami-Dade courthouse blogger who has operated the popular Justice Building Blog for the past year and a half under the pseudonym "Rumpole." "I was surprised the lawyer who started the [Broward] blog did so openly," Rumpole, who says he’s a Miami-Dade criminal defense lawyer, said in an e-mail to the Daily Business Review. "He should be applauded for his bravery. I, of course, am not so brave." At least one other lawyer who wrote a post on JAABlog has suffered consequences. Fort Lauderdale criminal defense attorney Sean Conway faces a Florida Bar complaint for a blog post about Judge Aleman that was attributed to him. The October 2006 entry that bears Conway’s name referred to Aleman as "seemingly mentally ill" and accused her of illegally forcing defendants to waive their rights to a speedy trial. Bar rules prohibit attorneys from publicly criticizing judges. Conway has not admitted writing the post. Aleman currently is fighting JQC charges of misconduct, including allegations of abusive treatment toward criminal defendants and defense attorneys. The March Bar complaint against Conway, which was filed five months after the Aleman post, asked Conway to comment on the blog entry. Both Conway and his attorney have filed responses. Despite the Bar complaint, Conway recently forwarded a JQC complaint he filed against Aleman to JAABlog, and it was posted. Conway "can post all he wants," said his attorney, Fred Haddad of Fort Lauderdale. "What are we in Russia?" Gelin also had a Bar complaint filed against him last September. The Bar closed it a few days later, finding no probable cause. The nature of the complaint was not made public. Gelin said the complaint was made by someone who did not like a quote attributed to him in an article published by the Miami Herald. Gelin said he’s proud that he’s never had a dispute with a client that led to a Bar complaint. The controversy over JAABlog has led to its sponsoring organization being excluded from Broward’s growing diversity movement. JAAB had worked with Broward’s minority bar coalition to send a letter to Florida Supreme Court Chief Justice R. Fred Lewis following Chief Judge Ross’ courtroom comments to minority defendants in March. Although JAAB attended the Miami meeting with Lewis, its members were excluded from subsequent meetings with Ross regarding diversity issues. Incoming Hispanic Bar President Izquierdo said he "regrets the fact" that his organization co-authored a letter with JAAB. Izquierdo noted that the coalition of voluntary minority bar groups started working to promote diversity in the Broward courts and legal profession long before the blog was created. As long as the blog is used to attack the judiciary, Izquierdo said he will not work with JAAB. He said the organization’s method of posting public attacks against judges instead of setting up meetings to discuss problems with them is not effective. In response, JAAB president Craig S. Esquenazi of Fort Lauderdale said, "If we can help them with their goal of effecting change, that’s great. If he doesn’t want our help, that’s OK, too." Williams, of the Broward Association of Criminal Defense Lawyers, also criticized JAAB and its blog. He said his organization could have handled the Judge Greene matter in a "more professional way." It would have been better, he said, to have the minority bar and the defense bar sit down with Ross and Greene to discuss the incident. Michael Ahearn, a criminal defense attorney and former frequent contributor, said the Web site was conceived to expose misconduct but has been ruined by its nasty tone. "There’s a slippery slope of negativity," Ahearn said. "The powers that be at JAAB do nothing to moderate it." Still, Finkelstein, the
public defender, credits the blog for making a positive
contribution. "Regardless of the truth or falsity, the blog is part
of the social conversation in the legal community, the judicial
community and the journalistic community," he said. Although DeFede hit some
important points--he doesn't go far enough. Dale Ross allows his
judges to violate the law, unlawfully sabotage the state's lawful
appellate processes, protects and supports instead of supervising
and reprimanding errant judges, allows them to violate the judicial
Canons, lie in their opinions and routinely violate the civil rights
of those that come before the court. Dale Ross and his subordinates
are criminals that should be prosecuted and imprisoned--not just
removed. However, it goes beyond Broward with the protection--it
goes up to the 4th DCA judges who aid and abet These criminal
Broward judges and prosecutors with the assistance of the AG and now
they even have a mole, William Dimitrouleas--good ole Willy D--to
sabotage efforts to get their constitutional violations into federal
court. Further, the JQC is a protector of these judges, not a
legitimate investigative body to review judicial criminal and ethics
breaches--in fact--it would rather go after judges who speak out, to
silence them. Ross Resigns as Broward's Chief Judge By Amy Sherman and Erika
Bolstad
Ross will continue to serve
as a judge but is giving up the influential position he has held
since 1991 as head of the 17th Judicial Circuit -- The judges will elect a new chief on July 3. That person will start on Sept. 4. Ross, 59, joined the Broward bench in 1981 and has earned praise for his hard work, launching diversity training and drug courts. ''He should be commended for his public service, because he has devoted his life to public service,'' said Cori Lopez-Castro, immediate past president of Broward's Cuban American Bar Association. But a recent string of gaffes by Ross and other judges have been widely scorned as insensitive, racist or embarrassing. • During February court hearings on the Anna Nicole Smith case, Judge Larry Seidlin became the butt of jokes worldwide for his weepy pronouncements. • Also in February, Ross, known for his sarcasm, made remarks about Hispanics and rap music from the bench during a weekend bond session. Lawyers from eight minority bar associations complained about him to the state's chief judge. • Some of the same groups had complained after Judge Lawrence Korda, in 2005, commanded a battered wife seeking a restraining order to speak in English instead of Spanish. • In March, Korda was charged with marijuana possession, accused of smoking a joint in a Hollywood park. • Judge Cheryl Alemán is the target of a complaint alleging that she improperly jailed an attorney in 2006. • Earlier this month, Judge Charles Greene was reassigned to the civil bench after using the acronym ''N.H.I,'' which stands for No Humans Involved, after a trial. A few judges have been the subject of several complaints to the state Judicial Qualifications Commission. ''It's a difficult job being the chief judge in this county,'' said Eric Schwartzreich, president of the Broward Association of Criminal Defense Lawyers. ``Whoever assumes this job is going to be putting themselves in the frying pan.'' `RADICAL CHANGE' Public Defender Howard Finkelstein, a longtime colleague and adversary, welcomes new leadership. ''There needs to be a radical change in attitude, tone and manner of service,'' he said. ``We have some really, really good judges in Broward County, and they're getting painted with this horrible brush.'' Ross' departure gives judges the opportunity to elect someone who ''appreciates that Broward County is a very diverse community,'' Lopez-Castro said. In his statement, Ross called the past couple of years ``particularly difficult for me and my family.'' SURGERY PLANNED Ross, who is scheduled to undergo surgery to have both hips replaced in July, said in his statement that he will be around to help with an orderly transition. He could not be reached for an interview late Tuesday. Many were surprised by Ross' announcement. ''It's a very difficult job,'' said State Attorney Mike Satz. ``He's carried it well, and he's done it for a long time. He's been elected each time, and the judges obviously felt he was doing a good job.'' The new chief judge will hold the position through June 2009. Already, two names have surfaced as possible replacements. Judge Thomas M. Lynch IV, 56, administrative judge of the civil division and a former chief assistant public defender, said he will seek the chief spot. Judge Paul Backman, who has served for years on the criminal bench, is another likely candidate. In most circuits in Florida, chief judges hold the title for two or four years, court spokesman Chris Stotz said. LONG TENURE But Ross held the position longer than any other chief in Broward in recent memory and had one of the longest tenures in the state. It hasn't been decided in which division Ross will serve after the new chief takes over. Miami Herald staff writers Wanda J. DeMarzo, Jennifer Lebovich and Hannah Sampson contributed to this report.
Broward
Court Blog Is Going Too Far, By Tonya Alanez A weblog created to constructively look at Broward
judges' performances on the bench is now raising concerns that the
comments have gone too far.
Gossipy Blog Dishes Dirt on Judicial Crowd By Jennifer Lebovich One website posting spins an allegorical tale about ''Broweird,'' a town with a circus run by the head clown. It's a story that draws parallels to the Broward courthouse and, some say, to the county's chief judge, Dale Ross. Another refers to a judge as an ``evil, unfair witch.'' Welcome to JAABlog (JAABlog.jaablaw.com), a blog for courthouse chatter launched in August by a group called the Justice Advocacy Association of Broward, whose main activity -- so far -- appears to be running the blog. And while there's no shortage of blogs on controversial topics, this one takes aim at a group of people most people don't want to rankle: judges and lawyers. The blog's founders say it helps draw attention to the legal community and judges' behavior. But others say the blog -- where one posting is filed under the heading ''mentally ill judges'' -- is simply a site for name-calling and spreading rumors. Either way, the blog averages about 30,000 hits a week and has become a popular stage for venting about Broward's judiciary at a time when a number of judges have come under fire for bizarre and inappropriate behavior. Bill Gelin, one of the blog's founders, calls it ''a powerful new tool for attorneys and community members to shine a light on previously some pretty dark places. We saw there was a real need to educate the public about what's going on in the courthouse and with judges,'' he said. But Chief Judge Dale Ross, who has been a target of blog attacks, said he'd prefer that people come to him directly if they have concerns about judges, instead of anonymously posting comments online. JAABlog isn't the only courthouse blog in South Florida. Miami attorney David O. Markus runs the Southern District of Florida Blog, which focuses on news in the federal courts in Miami. And an anonymous blogger chronicles Miami courts in the Justice Building Blog. Lawyers have the same First Amendment rights to free speech, but they could face sanctions for comments they post on a blog, said Bob Jarvis, a constitutional law and ethics professor at Nova Southeastern University. ''The ethics rules say lawyers are not supposed to recklessly or improperly criticize or defame judges,'' Jarvis said. ``The ethics rules have long had a provision in them about how lawyers go about criticizing judges. The reason is we don't want the public to second-guess the integrity of judicial officers.'' Ross points out that the bloggers use the site to attack judges, not to help improve the judiciary or solve problems. NEGATIVITY ''There's nothing constructive offered,'' Ross said. ``I think the blog, if it was positive in nature . . . would be helpful to the judiciary. I'm not sure the method and manner advances anyone's cause.'' But Gelin said he hopes the postings open a dialogue in an effort to fix what he sees are the problems in the system, including elections in which judges run unopposed, cronyism and nepotism. Gelin, who signs his postings, said many bloggers want to remain anonymous because they fear retribution. ''The unfortunate thing is a lot of times when people are challenging powerful people, they have to cover their backs. Lawyers are naturally very concerned about their pocketbooks and careers,'' Gelin said. Jeff Ivashuk, one of the site's main authors, described it as a ``barometer of the courthouse. What it shows right now is the negativity going on in the courthouse.'' Broward judges are acquainted with scrutiny. Judge Larry Seidlin became fodder for late-night television shows during the Anna Nicole Smith saga when he wept as he issued his decision about burying her body. Judge Lawrence Korda was arrested in March for smoking marijuana at a park. Judge Charles Greene asked to be reassigned after using the acronym ''N.H.I,'' or No Humans Involved, after a trial. And Judge Cheryl Alemán is the target of a judicial complaint for improperly jailing an attorney. Many of the events are chronicled on the blog. IN TROUBLE A few of the postings have gotten bloggers in trouble. A bar complaint was filed against attorney Sean Conway for a posting about Alemán, said his attorney, Fred Haddad. ''It's a courthouse blog about courthouse chatter. I don't read it, but I don't know who better to inform or talk about judges then a lawyer,'' Haddad said. Public Defender Howard Finkelstein, who has been on the receiving end of some negative blog postings, said the blog has created a forum for people who would otherwise be unwilling to speak out. ''I understand many judges are upset by this blog,'' Finkelstein said. ``If they're upset because they've been victims of rank, vicious name-calling, they have a right to be upset. But if they're upset because it's ruffled feathers, too bad.'' Fort Lauderdale attorney Michael Ahearn said the site started out with good intentions, but the quality of the discussion has declined over time. ''To date, they have brought about nothing more then mere discussion and innuendo based on unproven allegations on issues that they, as a group, believe to be problems,'' Ahearn said. A few attorneys said their postings had been censored. Gelin said postings are only removed if they include profanity or contain personal attacks on people who have not put themselves into the spotlight. José Izquierdo, president-elect of the Broward County Hispanic Bar Association, said the blog seems to have become a platform for attacking judges. EXAMPLE FROM THE BLOG:
Judges'
Pick of Defenders out of Order? By Amy Sherman and Melissa
Sanchez  More than two years after passage of a state law to ensure fairness, some Broward judges are skirting the rules when it comes to handing out work to criminal-defense lawyers. Records show that instead of appointing special public defenders in order from an approved list, judges offer up lots of reasons for skipping over people. Broward's public defender has asked for an audit of the county's system, saying that defendants are paying the price for the liberties judges take with the list. Often, judges skip attorneys because they are not immediately available, especially in cases where defendants want to instantly plead guilty. Broward County Public Defender Howard Finkelstein says there's no need for these quick pleas. He said the only people who benefit are the judges who get to clear their dockets quickly and the lawyers who make a quick buck -- sometimes up to $2,000 for resolving cases in a matter of minutes. ''It's nothing more than a hookup,'' Finkelstein said. ``It's unethical, and in my opinion deprives individuals of their constitutional right to counsel.'' At least one judge sometimes refuses to appoint an attorney if she doesn't know him or her. At a hearing in May, Circuit Judge Susan Lebow skipped an attorney on the list, saying, ``This is an extremely difficult defendant and I do not know this lawyer.'' Experts who helped pass the law said such decisions by judges violate the statute. The law allows judges to appoint out of order if they show a good reason. But not being at the judge's beck and call, and not being known to the judge, aren't good enough. ''The wheel is very simple,'' said Republican Sen. Alex Villalobos of Miami. ``It's a nonbiased device that does away with even the appearance of impropriety and it's the law. If they don't like it, they can try to change the law.'' NOT SPECIFIC But judges say the law isn't specific about what constitutes a valid reason for skipping an attorney on the list, or wheel, so it's up to them to decide. ''It's almost in the eye of the beholder,'' said Broward Circuit Judge Howard Zeidwig. Broward's wheel was created in 2004 after a series of Miami Herald articles revealed that some Broward judges gave preference to certain special public defenders. Most judges and lawyers agree that the system has reduced cronyism, but it still has problems. Some lawyers believe they are sometimes skipped by judges and don't get a fair share of the work, while some judges say they are forced to appoint inadequate attorneys. The special public defenders, or SPDs, earn tens of thousands of dollars in public money to represent poor people who can't afford their own attorneys and whose cases can't be handled by the county because of a potential conflict of interest. Of the approximately 310 SPDs hired, the top 10 earners brought in an average of $93,070 from October 2004 to May 2006, according to records from the Justice Administrative Commission which pays the lawyers. SPECIALTY AREAS Some lawyers get more appointments than others because they are listed in more specialty areas. For example, only one lawyer represents clients who face forced treatment for tuberculosis. Only three represent indigent individuals who have been ordered into substance-abuse treatment. There is no rule for how long a judge should wait before moving to the next name on the attorney list. But in a June 2005 memo to judges, Chief Judge Dale Ross said the committee that oversees Broward's wheel concluded they can't skip an attorney due to ``immediate unavailability.'' However, some judges routinely do just that. Zeidwig says if a defendant wants to plead guilty immediately, judges can skip an unavailable attorney. WAIT HOW LONG? ''How much time can we wait?'' asked Zeidwig. ``We walk in to a three-hour docket with 60 cases on it.'' Circuit Judge Michael Orlando said the memo made a difference. ''Those types of situations were in the beginning of the wheel,'' he said. ``Since then we've had some directives from administrative judges if the mother and child wish to resolve the case, the reality is I guess now they have to come back now after meeting with their lawyer.'' Parents sometimes tell the judge they risk losing their job if they have to come back to court again. Circuit Judge Larry Seidlin said his assistant will work her way down the wheel until she finds an attorney who can show up within a couple of hours. Lebow sometimes won't appoint an attorney she doesn't know for complicated cases. ''I know most lawyers who have been around for any length of time,'' she said. New attorneys should visit the judges and get to know them so judges can evaluate if they can handle complex litigation, she said. But that's not how the wheel is designed to work. Attorneys who are in good standing with the bar and have certain trial experience are approved to handle different levels of cases. Todd Onore was surprised to learn that Lebow passed him over for a ''complicated case,'' listing on the record: ``Do not know lawyer's skill level.'' ''It's upsetting to me judges are making that determination,'' said Onore, a former prosecutor with about seven years of experience. ``Based on what evidence, I don't know. It compromises the integrity of the system.'' In 2000, The Miami Herald investigation showed that Broward judges doled out millions of taxpayer dollars each year to a select group of lawyers, some of whom were related to judges by marriage or had contributed to judges' election campaigns. ROTATING ORDER In 2004, the state Legislature passed a law requiring courts to appoint attorneys in rotating order on a registry. Legislators at that time rejected a request by defense attorneys to allow judges to appoint out of order for the purposes of a quick plea. ''A defendant should not plead guilty without counsel having reviewed the file,'' Villalobos said. ``That's why you have reversals all the time.'' Judges say they want to appoint attorneys they know will do a good job. Under the existing system, they are stuck with whatever lawyer's name pops up -- and some are less qualified than others. ''There are a lot of people on there I don't know,'' said Circuit Judge Stanton Kaplan. ``I have no clue whether they know anything about trying a case . . . The defendant is at his mercy. I want to appoint somebody that is competent.'' SPECIFIC NEED Circuit Judge Elijah Williams said he has appointed out of order when the defendant has a specific need that the next lawyer in line can't fill. One recent example: a physically disabled father requested an attorney for his mentally disabled son close to his home in Hollywood, since traveling far would be a burden. ''It makes no sense to go down the wheel and appoint one in Pompano,'' Williams said. The Indigency Services Committee, which oversees the wheel in Broward, will discuss Finkelstein's request for an audit at its August meeting. Miami Herald staff writer Wanda J. DeMarzo contributed to this report.
|
Prompted
in part by Florida Supreme Court justices and the potential loss of
a new courthouse, a group of high-powered lawyers are launching
their own effort to restore public confidence in Broward County’s
fractured judiciary. 
Larry
Seidlin, the recently resigned Broward judge and would-be TV star,
was once the best of friends with attorney Lawrence ¨Chris¨ Roberts.
They chummed together in the courthouse every day. They dined and
vacationed together.