May 16, 2008

--Judiciary--

STATE'S CHIEF JUDGES GRANTED ONLY LIMITED POWERS TO ELIMINATE COURT POSITIONS-- Daily Business Review, http://www.dailybusinessreview.com, May 15, 2008.
Chief judges were told Thursday [May 15] they have limited flexibility to decide where to cut 198 circuit and county court positions statewide — victims of the state Legislature's budget ax in a lean year. The state Trial Court Budget Commission, with representatives from all 20 circuits, convened in Tampa to frame the cuts taking effect July 1. Layoff notices are planned the first week of June. Once they get back home, chief judges will be allowed to cut only court administrators, case managers, law clerks, general magistrates and the magistrates’ support staff. The commission will prevent chief judges from reducing any single area by more than two-thirds and voted on the maximum number of people any section could lose.

JQC LOOKS AT JUDGE WHO DID NOT DISCLOSE RELATIONSHIPS-- Daily Business Review, http://www.dailybusinessreview.com, May 14, 2008.
The state Judicial Qualifications Commission is looking into Palm Beach Circuit Judge Martin Colin's practice of allowing attorneys who represent his girlfriend to appear in cases before him in family court. A complaint against Colin came from the girlfriend's ex-husband, Jay Gordon, last August. He wrote Florida Supreme Court Chief Justice R. Fred Lewis asking for help, and Lewis forwarded the letter to the JQC. A circuit judge who heard the girlfriend’s divorce case when Colin was her attorney accused him of bullying tactics, and a public defender handling a criminal contempt case against the ex-husband after Colin became judge called him the "ghost prosecutor."

--Legal Profession--

LAWYER RE-EVALUATES STRATEGY IN CANKER SUITS-- Daily Business Review, http://www.dailybusinessreview.com, May 16, 2008.
Bobby Gilbert had never heard of citrus canker when the state started destroying trees to get rid of the bacteria. The Coral Gables attorney is now at the center of five class action suits around Florida against the state Department of Agriculture and Consumer Services for inverse condemnation. Gilbert and his team of attorneys, who work on these cases without pay unless they win, claim Florida homeowners should be compensated for the nearly 577,000 non-infected citrus trees torn out statewide. The state claims the trees are worthless. The first jury to hear the question reached a verdict last week much closer to the state's take on things. The next trial on damages is set for Palm Beach Circuit Court in September on behalf of more than 40,000 homeowners. The first case will have huge ramifications moving forward. Trial attorneys can theorize what worked and what didn’t as they move forward in the other cases.

EX-CLIENT SUES CANDIDATE FOR BROWARD COUNTY DEFENDER-- Sun-Sentinel, http://www.sun-sentinel.com, May 16, 2008.
A Hollywood man sued criminal defense attorney Gary Ostrow on Thursday [May 15], claiming that Ostrow misrepresented his qualifications when he was hired to defend the man's son in a death-penalty case. Mario Perez paid $57,000 of an agreed-upon $100,000 before learning that Ostrow "misrepresented his experience and ability to handle such cases," according to the lawsuit filed in Broward Circuit Court. Perez fired Ostrow and wants his money back. Ostrow, a candidate for Broward County public defender who recently was charged with cocaine possession, denied misrepresenting anything to the Perez family. He said he put a year-and-a-half's worth of work into the case and a judge found he was "over-qualified" for it.

--Civil Justice Issues--

FLORIDA RIGHTS ACTIVISTS LAUD CALIFORNIA GAY MARRIAGE RULING-- Sun-Sentinel, http://www.sun-sentinel.com, May 16, 2008.
Florida gay rights activists hailed the California Supreme Court decision Thursday [May 15] allowing same-sex couples to wed as a victory that gives them hope against a looming bid to write a gay marriage ban into Florida's constitution. Opponents, however, predicted the court ruling would only add momentum to their drive for the constitutional ban. In a 4-3 ruling, California's highest court rejected state marriage laws as discriminatory and overturned an 8-year-old law approved by voters that said, "Only marriage between a man and a woman is valid and recognized in California." Florida has a similar law. John Stemberger, chairman of the Orlando-based Florida4Marriage, called the California judges' ruling "Exhibit A" for why Florida voters should approve the proposed same-sex marriage ban on the Nov. 4 ballot.

OFFICIALS REVIEW AFFIDAVIT FROM ALLSTATE FLORIDIAN-- Florida Today, http://www.floridatoday.com, May 16, 2008. [Also: PLAYING HARDBALL-- Florida Today, editorial, http://www.floridatoday.com, May 16, 2008.
Insurance Commissioner Kevin McCarty and his legal team Thursday [May 15] continued to review a proposed affidavit from Allstate Floridian executives promising to turn over subpoenaed documents. McCarty has said lifting a suspension against Allstate doing new business in the state is in the company's hands — it must comply with subpoenas issued by the Office of Insurance Regulation. The company remained barred from doing new business in the state — no new auto, property or health insurance policies — as penalty for failing to turn over thousands of documents McCarty seeks in an ongoing investigation of policy cancellations, rates and business practices.

JUDGE PUTS BRAKES ON WOMAN'S LOTTERY SUIT-- The Miami Herald, http://www.miamiherald.com, May 16, 2008.
Miami-Dade Circuit Judge Jennifer D. Bailey on Thursday [May 15] said the wife of a lottery winner cannot go forward with a lawsuit against her husband until she can provide a legal argument to support her claim for half of his jackpot. Bailey dismissed temporarily the lawsuit Donna Campbell filed against her husband, Arnim Ramdass, an American Airlines mechanic who hit a $19 million Florida Lotto jackpot last summer with 16 of his co-workers. Campbell and her attorneys have 20 days to amend their complaint. They will try to prove that the money Ramdass used to buy the lottery ticket came from his work salary, which is considered a marital asset. Campbell claims her husband of three years disconnected the phone line in their Miramar home and kept her from watching TV so she wouldn't find out he was a winner. The judge suggested that divorce court might be a better venue to resolve the dispute.

STATE SEEKS FINES FOR 'STEADY DECLINE IN VERIZON'S REPAIR PERFORMANCE'-- The Tampa Tribune, http://www.tbo.com, May 16, 2008.
Florida Attorney General Bill McCollum is calling for steep fines of Verizon Communications Inc. and an investigation into what he calls a failure to comply with state telephone repair rules and a "steady decline in Verizon's repair performance since 2002." McCollum's office will call on state telephone regulators to issue up to a $6.5 million fine for "repeated violations of service rules during 2007," such as Verizon taking too long to restore landline phone service to customers who lost it. Verizon officials have acknowledged hiccups in repair service amid strong demand for its Fios fiber optic phone, Internet and cable TV service. In some cases, customers who lost telephone service waited a week or more before it was restored, said officials with Verizon's largest labor union of repair workers. Florida tightly regulates phone company service, in part to ensure that residents have basic communications and can call 911 in an emergency.

--Criminal Justice Issues--

MURDER CHARGE DROPPED AGAINST FORT LAUDERDALE MAN-- Sun-Sentinel, http://www.sun-sentinel.com, May 16, 2008.
Broward Circuit Judge Michael Kaplan on Thursday [May 15] dropped a first-degree murder charge against a Fort Lauderdale man. The 4th District Court of Appeal ruled last month that Broward prosecutors violated Quenten Walden's right to a speedy trial by waiting more than a year to indict him. Six days after a July 2006 shooting, Walden was charged with the attempted murder of Justin Matthews, 18. More than a month after that, he was charged with the murder of Sharod Smith, 15. The Broward State Attorney's Office did not indict Walden for Smith's murder for more than a year after his arrest. Walden still faces the attempted murder charge, which carries a maximum penalty of life.

JURY ACQUITS SHOOTING SUSPECT-- The Tampa Tribune, http://www.tbo.com, May 16, 2008.
A jury Thursday [May 15] acquitted a former Hillsborough Area Rapid Transit Authority board member charged with aggravated battery with great bodily harm. David Heckman had acknowledged shooting his wife's former boyfriend in the leg, but argued it was self-defense. Because a gun was used, Heckman faced a mandatory 25 years in prison had he been convicted, his attorney said. Heckman initially was arrested on an attempted second-degree murder charge. Heckman and the ex-boyfriend had bad blood and often argued. Later, that was reduced to aggravated battery with great bodily harm. In December 2006, Circuit Judge Wayne Timmerman dismissed the battery charge against Heckman, records show. The judge determined that Heckman was justified in the shooting based on Florida's Castle Doctrine, passed by the Legislature in 2005. That law says people can use deadly force against anyone who breaks into their home. The 2nd District Court of appeal reversed Timmerman's decision and sent the case back for a trial.

--Other--

LONGTIME SCHOOL BOARD ATTORNEY CAROTHERS DIES-- Tallahassee Democrat, http://www.tallahassee.com, May 16, 2008.
The man called the dean of Florida school-board attorneys, retired Leon County attorney Graham Carothers, has died. Carothers, 73, died Wednesday [May 14] after a long illness. He was the Leon County School Board attorney for 35 years (1967-2002), gaining a reputation as the ultimate expert. Carothers was renowned for his intellect and leadership. He helped found the Florida School Board Attorneys Association and served as chief adviser to other state school-board attorneys.

May 15, 2008 Daily News Summary

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[Updated: 07-01-2005 ]