Florida judicial news

From Judgepedia

News about or affecting the judiciary in Florida.

Florida judge to face reprimand

Florida: Judge Angela C. Dempsey, a Leon County Circuit Court judge, was called on by the Florida Supreme Court to face reprimands for misrepresenting herself during her campaign. The date for her reprimand by the Judicial Qualifications Commission is, as of writing, unannounced.^[1]

Florida judge announces retirement

Bartow, Florida: Judge Dick Prince has announced his retirement, effective May 31, 2010. Prince was a judge for the 10th Judicial Circuit Court of Florida.^[1]

Cigarette companies seek to block thousands of cases in Florida

Florida: Several cigarette manufacturers, including Altria Group Inc.’s Philip Morris USA unit, have asked a federal appeals court to stop trial courts form using findings endorsed by a 2006 Florida Supreme Court decision. The cigarette companies claim that using the ruling would deprive them of due process and that the findings do not apply to any of 4,000 pending cases.^[1]

Florida court bans the use of shackles on juveniles

Florida: The Florida Supreme Court has barred the use of leg shackles and handcuffs from juveniles in the courtroom unless there is a likelihood of violence. Excessive restraint for juveniles in courts has been criticized for causing psychological harm and treating them as though they are assumed to be guilty.^[1]

Florida judge sets limits on blogging

Jacksonville, Florida: On Thursday, January 21, Circuit Court Judge L. Page Haddock ordered reports to shut down blog and video coverage when he is not present, saying "If I’m in the courtroom, public business is going on, when I leave, it ceases to be a public matter." Though this is the fourth time Haddock has put such restrictions in place, many, including legal experts, are skeptical about whether or not he actually has this power.^[1]

Retirements announced by Florida judges

Daytona Beach, Florida: Three long time circuit judges from Volusia and Flagler counties announced their retirement plans and thereby made them official. On Monday, January 11, Judge S. James Foxman and Judge Patrick G. Kennedy, both of Volusia County, said that they would be finishing their judicial careers within the next year, and Judge Kim C. Hammond of Flagler County declared his plans to retire on January 3, 2011. Assistant State Attorney Matt Foxman has announced plans to pursue his father's position.^[1]

Florida judge rules against blogger

HALLANDALE BEACH, Florida: On November 4, 2009, Patti Englander Henning, a judge of the Florida Seventeenth Circuit Court, ruled in favor of the City of Hallandale Beach in a case the city had brought against blogger Mike Butler.

The city sued Butler after he submitted a request for records to the city under the Florida Sunshine Law^[1][2]

Butler wanted a list of recipients of an email sent by Mayor Joy Cooper on February 17, 2009 from her personal America Online account. The subject line of the e-mail was "Mayor Cooper's Update." The e-mail included attachments to three columns written by Cooper for a weekly community newspaper addressing city policies. The e-mail included Cooper's city hall address and phone number. These characteristics of the e-mail led Butler to conclude that the e-mail was a public document, even though it had been sent on Cooper's personal email account.^[1]

The city responded with a lawsuit against Butler. On November 4, 2009, Judge Henning ruled in favor of the city.^[3]

Butler characterized the ruling from Henning as "shocking" and said that it runs counter to an advisory opinion issued in 2007 from Bill McCollum, Florida's attorney general, which says that e-mails from public officials "that are intended to communicate, perpetuate or formalize knowledge" are public records, regardless of whether or not they are sent using a public or governmental e-mail address.

Mayor Cooper said, "You're under the assumption that he's a good guy and he's the victim. But the victim is the city commission. I feel like my privacy has been raped."^[1]

Florida judge rules that NCAA documents are public

TALLAHASSEE, Florida: On October 1, Judge Philip Padovano of the Florida First District Court of Appeal wrote a 26-page ruling which says that the National Collegiate Athletic Association (NCAA) must release the documents it used in the course of deciding the sanctions it ultimately levied against Florida State University’s athletic department over a cheating scandal. The documents had been requested by several Florida newspapers. The NCAA argued that the documents were private because the NCAA is a private organization. Padovano, however, said the documents must be made public because “The appeal by the university is a matter of public concern. It is not transformed into a private matter merely because the documents the university lawyers used to prepare the appeal reside on a computer owned by a private organization.”^[1]

In August, circuit judge John Cooper ordered the NCAA to release the information. The NCAA appealed Cooper's decision. Padovano's ruling upheld Cooper's decision.^[2]

Crist makes long delayed appointment

Florida: Governor Charlie Christ has appointed Bruce Jacobus to the 5th District Court of Appeals after much delay. Judges for appellate courts in Florida are vetted by a nominating commission who gives recommendations to the Governor, who must then appoint one of them. Christ returned the list of nominees for the 5th District to the nominating commission, saying that the lack of recommendations for qualified non-white judges was unacceptable, and requested a new list of candidates. The commission responded by re-submitting the same list of candidates. Retiring judge Robert Pleus sued Christ to require him to name an appointment to succeed him. The Supreme Court ruled that the Governor was constitutionally obligated to make a selection from the list provided by the commission. ^{[1] [2]}

In Christ's press release he stated: "Judge Jacobus’s 22 years as a private practitioner, along with his time as a circuit judge, have given him varied experience that will serve him well on the appellate court". ^[3]

Nominations for the Middle District of Florida

Florida: An attorney, a circuit court judge, and a federal magistrate judge have been recommended to Florida Senators as candidates for a pending vacancy on the United States District Court for the Middle District of Florida. In 2010, judge Henry Adams plans to retire, creating an opening that must be filled via Presidential nomination and US Senate approval.

Attorney Roy Dalton is from Orlando. Circuit court judge for the Florida Fourth Circuit Court, Brian Davis, is seated in Nassau County. Magistrate judge Elizabeth Jenkins is serving her third term on as a magistrate for the Middle District of Florida. ^{[1] [2]}

"The quality of the applicants was superlative. Obviously, any selection such as this is a very, very difficult job," said John Fitzgibbons, chairman of the nominating commission. ^[3]

Crist must make a judicial appointment

Florida: The Florida Supreme Court has ruled that Governor Crist is constitutionally obligated to make an appointment to the Fifth District Court of Appeal, despite his displeasure with the candidates presented to him.

Judicial selection in Florida uses the commission-selection, political appointment method of judicial selection for filling seats on the appellate courts. Governor Crist rejected the Commission-selected recommendations to fill the seat vacated by the retirement of judge Robert J. Pleus, Jr. on the grounds that three well-qualified black applicants were not recommended. He asked the commission to reconsider and submit a new list of recommendations, but the commission did not comply. The ensuing standoff was resolved by Pleus, the retiring judge, petitioning the Supreme Court to require Crist to chose from the options presented him, and the Supreme Court ordering him to do so. ^[1]

Newest Florida Supreme Court appointee

Florida: James Perry was appointed to the Florida Supreme Court in early March of 2009 by Republican Governor Charlie Christ after the retirement of Charles Wells. Perry is the fourth black justice to serve on the court, one of two serving currently. He is the fourth justice that Christ has appointed to the Supreme Court.

Christ said of the nomination: "I have given much thought to appointing Judge Perry to Florida’s highest court. Our seven Supreme Court justices make precedent-setting decisions on important matters. I am confident Judge Perry will rule with restraint, fairness and humility. He has shown, throughout his personal and professional life, the ability to balance justice with humanity." ^[1]

NAACP files brief in FSC judicial-nomination case

(April 28, 2009) Governor Charlie Crist has returned the list of recommendations from the Florida Judicial Nominating Commission without having made an appointment. He is requesting that they create a new list with more minority applicants. The NAACP has filed an amicus brief supporting the Governor's request.

Crist names Perry to Fla. Supreme Court

{March 11, 2009) Gov. Charlie Crist's appointment of Circuit Judge James Perry, who is black, to the Florida Supreme Court cheered civil, gay and abortion rights groups but drew criticism Wednesday from social conservatives who had lobbied for another nominee.

Supreme Court judicial selection on fast track

(July 2, 2008) Over-view of Florida Supreme Court Judicial Nominating Commission and how the process of replacing empty seats on the high court works.

Judge: City officials must hand over home PCs

(June 12, 2008) Circuit Judge Robert Bennett ordered three Venice, FL council members to turn over their home computers to a computer expert charged with extracting government-business e-mails. The hearing was in conjunction with a Government-in-the-Sunshine Law suit. (See also: Public-Private Divide July 9, 2008)

No Competition Means Judges Win

(5/3/08) State Attorney Bruce Colton and nine circuit judges based throughout Indian River, Martin, St. Lucie and Okeechobee counties faced no opposition by the end of... the cut-off period for candidates to qualify to run. As a result, they were automatically re-elected without having to be on the primary or general election ballots, according to the state Division of Elections. Most of the judges qualified by paying the about $5,800 fee rather than collecting signatures. The sole exception was Circuit Judge Dan Vaughn, who also collected signatures the last time he ran in 2002. Also back in office without opposition are County Judges Kathryn Nelson and Philip Yacucci in St. Lucie and County Judge Kathleen Roberts in Martin, according to county elections records. Voters still get the chance to cast ballots in two races. Longtime Public Defender Diamond Litty, a Republican, faces a challenge from defense attorney Donald Chinquina, a Democrat.

Crist seeks SC opinion on judicial vacancy

(5/12/08) Attorneys for two candidates vying for a vacant seat on the Leon County Court are asking the Florida Supreme Court to let the voters decide who will replace an ousted state judge instead of leaving that decision to the governor. The lawyers for rival candidates Nina Ashenafi Richardson and Sean Desmond filed a brief in the case Gov. Charlie Crist brought asking the state Supreme Court what is legally required to fill the vacancy left by a judge who was forced from the bench.

Florida Justice leaving Court

(4/14/2008) Citing family reasons, Supreme Court Justice Raoul Cantero announces his resignation, effective September 6, 2008.

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