Drugs in Prison Uncontrollable

An interesting article, worth reading, mentioning Florida, of course:

http://www.ajc.com/news/nation-world/drug-abuse-in-us-277057.html

The Season Cometh

Well I may be out of action with a different blog pretty soon, but I could not resist this one.

Federal Court Limits the Use of Tasers, NY Times Reports

By JOHN SCHWARTZ
Published: December 31, 2009

My only comment is About Time !!!!- Norm

In a case that could set the first broad judicial standards for the use of Tasers, a federal appeals court in California has ruled that the police can be held liable for using one of the devices against an unarmed person during a traffic stop.

The United States Court of Appeals for the Ninth Circuit, based in San Francisco, said the electrically disabling device constituted excessive force when used against an unarmed man who did not pose a threat, and it refused to allow a police officer immunity for its use.

In a vividly worded opinion issued by the court this week, Judge Kim McLane Wardlaw described a “bad morning” for Carl Bryan, a 21-year-old Californian who drove over large stretches of Southern California to retrieve car keys mistakenly taken by a friend and ended up being Tasered by a Coronado, Calif., policeman and breaking four teeth when he fell to the ground.

Mr. Bryan was stopped twice on his driving odyssey, once for speeding and once for not wearing his seat belt. After the second stop, he was “agitated, standing outside his car, yelling gibberish and hitting his thighs, clad only in his boxer shorts and tennis shoes,” the court said.

The judge noted, however, that Mr. Bryan did not threaten the officer, Brian McPherson, and was not trying to flee — all elements of a three-part test that the United States Supreme Court has used to determine when significant force is justified. As for the third factor in the court’s test, the severity of the offense at issue, the Ninth Circuit judges observed that “traffic violations generally will not support the use of a significant level of force.”

The court found that the policeman’s use of force so exceeded the threat posed by Mr. Bryan that it denied his request for immunity for his actions and for a quick dismissal of the case against him. Instead, the judges will allow the case to go forward.

Eugene G. Iredale, a lawyer for Mr. Bryan, hailed what he called a “landmark decision.”

Orin S. Kerr, a former federal prosecutor and a professor at George Washington University Law School, called it “an important case” that was unusual in the way it set a broad rule without giving deference to the use of force by the police.

Geoffrey P. Alpert, a professor of criminal justice at the University of South Carolina who recently completed a four-year study of Tasers for the Department of Justice, said that Tasers and other “conducted electrical devices” were used by more than 17,000 law enforcement agencies and that some departments had already upgraded their rules to allow their use only in the case of an “active or immediate threat.”

If the Ninth Circuit ruling is not overturned, Professor Alpert said, the Bryan case “is going to impact a lot of departments that have not changed their standards.”

Minnesota Man Chalks Up 20th DUI Arrest!

Paul D. Garay has a history of drunken driving. And by "has a history," we mean "has a lifetime 20 arrests for drunk driving." Over Christmas weekend this 55 year old dude pitched his Chevy into a ditch in Minnesota again, sporting a BAC twice the legal limit.

Alcohol problems aside, Garay's hardly a shining beacon of responsible citizenship; from 2003-2006, he served a drug-related sentence, and his latest arrest constitutes a violation of parole, so he was held without bail. Jay Hurley was getting married, and tends not to cover Saint Paul cases, so we did not get to hear him opine on this particular defendant.

Now even as a defense attorney this next fact shocks me: because of the way Minnesota law works, Garay won't have to worry about being charged with a felony for his latest escapade. A fourth DUI within a 10-year span carries the force of a felony, but only two of Garay's 20 DWIs happened in the last decade, so the crime will be charged as a gross misdemeanor instead. He has been a good boy, apparently- at least over the last ten years or so.

But the best indicator of future behavior is past behavior. Mr. Garay has apparently not conquered inner demons. Needs to try again, if not for his own safety, than that of all the others in his neighborhood.

Whites Smoke Pot; Blacks Get Arrested

Hope you had a Merry Merryjuana Christmas.

Here is an article from the NY Times worth reading. Comes down to this.

Whites smoke pot. So do Blacks. Guess who goes to jail more often >?

http://www.nytimes.com/2009/12/23/nyregion/23about.html?_r=2

Last year, black New Yorkers were seven times more likely than whites to be arrested for marijuana possession and no more serious crime. Latinos were four times more likely.

Surprise, surprise

Percy Sutton Passes

A king in the field of civil rights law, Percy Sutton, passed away today, at the spry age of 89.

The son of a slave, Percy Sutton became a fixture on 125th Street in Harlem after moving to New York City following his service with the famed Tuskegee Airmen in World War II. His Harlem law office, founded in 1953, represented Malcolm X and the slain activist's family for decades.

The consummate politician, Sutton served in the New York State Assembly before taking over as Manhattan borough president in 1966, becoming the highest-ranking black elected official in the state.

Sutton also mounted unsuccessful campaigns for the U.S. Senate and mayor of New York, and served as political mentor for the Rev. Jesse Jackson's two presidential races.

In 1971, with his brother Oliver, Sutton purchased WLIB-AM, making it the first black-owned radio station in New York City. His Inner City Broadcasting Corp. eventually picked up WBLS-FM, which reigned for years as New York's top-rated radio station, before buying stations in Los Angeles, San Francisco, Detroit and San Antonio between 1978-85.

Among Sutton's other endeavors was his purchase and renovation of the famed Apollo Theater when the Harlem landmark's demise appeared imminent.

Sutton's father, Samuel, was born into slavery just before the Civil War. The elder Sutton became principal at a segregated San Antonio high school, and he made education a family priority: All 12 of his surviving children attended college.

In addition to representing Malcolm X for a decade until his 1965 assassination, the Sutton firm handled the cases of more than 200 defendants arrested in the South during the 1963-64 civil rights marches. Sutton was also elected to two terms as president of the New York office of the NAACP.

Sutton was among the first voices raised against the Vietnam War, surrendering his delegate's seat at the 1968 Democratic convention in protest and supporting anti-war candidate George McGovern four years later against incumbent President Richard Nixon.

Even if you were not from up north, Sutton's legacy of fighting for the right causes reached the deep south. A man to be remembered, a pioneer to be commemorated, and a lawyer to be reckoned with...

http://www.optimum.net/AP/ArticlePrinterFriendly?articleId=657490

Who Owns the Beachfront?

If you are the owner of beachfront property and the state comes along and widens the beach, do you own the new land or does the state?

Will the vision of hot dogs stands, port-a-johns and partying spring breakers lead the Supreme Court to overturn part of a Florida law designed to replenish lost beach sand?

Will Justice John Paul Stevens’ ownership of a beachfront Fort Lauderdale condo wind up effecting the result of a major judicial decision?

Early this month, the Supreme Court heard arguments evolving out of a dispute about the ownership of new land created by Florida's beach replenishment program. The state claims it controls the new land it creates. Interesting debate I have been meaning to blog upon.

A group of disgruntled beach-front property owners on Florida's panhandle don't see the program as an environmental blessing. Instead, they contend it is a naked land grab by the State to turn private beaches into public hands.

The private landholders' concerns were echoed loudly in the courtroom by skeptical justices who raised numerous concerns over the possibilities of what could happen on the new land. Chief Justice John Roberts wondered if a hot dog stand could go up on the new beach. Justice Samuel Alito asked about the possibility of a televised spring break beach party.

Florida Solicitor General Scott Makar argued that the state controls all land it creates on its side of the dividing line though it preserves the private landholder's right to access the water.

That concession didn't go over well with Justice Antonin Scalia who said, "The notion that the only purpose of the contact with the water is so that you can have access, that is -- is that not silly?"

Justice Samuel A. Alito Jr. said that the owners might have more to fear than a lone hot dog vendor, wet or dry. “You could have televised spring-break parties in front of somebody’s house.”

Roberts also seemed dismayed at Makar's suggestion that the hog dog-stand scenario wasn't on point because it wasn't part of the justification to create new beach land. It was an intriguing debate.

"That is what the whole case is about," Roberts said. "Whether [the private owners] have a right to contact the water or not."

Justice Kennedy first expressed concern about handing down a ruling leading to federal judges getting mired in questions of state law. But later in the argument he took issue with the potential consequences of the state's control of the new land. "I'm asking whether or not a state beach with, what do you call them, port-a-johns and hot dog stands and what-not, isn't a substantial impairment of the (private) owner's use?

In a somewhat surprising development, Justice John Paul Stevens did not take part in the arguments. There was no immediate explanation for his apparent recusal, but he owns a beachfront condominium in Fort Lauderdale. A tie would automatically affirm the lower court’s decision, meaning the property owners would lose.

My only thought is I don't want to see Justice Stevens give up the condo. I like seeing him quietly have an omelette at the Floridian every so often.

http://www.nytimes.com/2009/12/03/us/03scotus.html

Dad Prosecuted for Taking Child to Hooker to Make Him 'Straight'

An Australian father who is accused of forcing his teenage son to have sex with a prostitute — out of fear that he was gay — may face rape charges.

As the rest of the family celebrated Christmas 2007, the father allegedly took his son to a motel in North Rockhampton, where he paid the prostitute to have sex with his son, according to The Morning Bulletin, a newspaper in Rockhampton. And jiminy cricket!, the kid was only 14.

He left the room, demanding that the boy show him a used condom as proof he finished with the prostitute. A magistrate decided on Tuesday that there was enough evidence to bring the father to trial.

“First [he] didn’t want to say anything to me,” the boy's mother testified. “Then he told me his father took him to a motel room and there was a prostitute there.

Detective Christine Knapp said police first became aware of the situation when the father tried to report his son to authorities six months later, in May 2008, saying the boy was abusing his younger brother. Seems to me the dad had some courage in reporting the sexual abuse of one of his teenagers. Could not have been easy when the accused is the other sibling.

The father said he “tried to sort it out himself by taking his son to a prostitute” to no avail. The alleged prostitute has yet to be found. Somehow I don't think the dad kept tax records.

I don't buy into this kind of prosecution. I think most kids would get off, forgive the phrase, on their dads bringing them to a hooker. Not a gay kid, though, to be sure. Not at the age of 14. Not very bright of the dad. Shows a considerable lack of understanding; that the pops need attention too. I think there are some more serious issues here, though, which deserve some serious counseling and intervention, don't you?

It's just hard to blame the dad for tryin.... just sayin'..... Most dads want their kids to grow up to be like Tiger Woods... :-) They have a hard time believing they raised Harvey Fierstein instead. But getting the courts and the justice system involved. I think there are other issues to deal with.

The Film 'Forgiven' Debuts on Cable, DVD

Matt Kelly blogs on Criminal Justice. his blog, of a film I know little about, and look forward to catching this next week. I kept on hearing about it, missing it, and look forward to seeing it. So here is a review for you by another lawyer who says it is compelling:

"I recently saw the film “Forgiven,” Paul Fitzgerald’s moving and thoughtful directorial debut, which ponders the injustice of a wrongful conviction, the healing and redemption possible in the aftermath, and the politics that can get in the way. It became available (streaming and DVD) on Netflix this week, and it’s well worth moving to the top of your queue.

The well-crafted (though sometimes meandering) indie flick explores the fallout of a wrongful death sentence and the inherent dangers in society’s thirst for tough-on-crime policy. Fitzgerald plays a conservative young district attorney making a bid for the U.S. Senate. His commitment to conviction may have been too strong, however, and an exoneration threatens to overwhelm his political ambitions. The movie has plenty of twists and turns and I won’t spoil it here.

“Forgiven” raises several sensitive and critical issues around wrongful convictions and criminal justice policy. The injustices dealt by our court system are very real, and they won't end soon. For countless reasons, we can't continue to turn a blind eye to the suffering of our fellow citizens imprisoned for crimes they didn't commit. This film makes this reality painfully clear."

On this Christmas Day, I pay tribute to all those in the criminal justice system, working daily to work out the kinks which make our justice system unjust.

I applaud those working to make things fairer for everyone, whether you do so wearing a badge or by writing from a blog; whether you wear a robe or a hospital gown. If you get up in the morning and can fight doing things as usual, avoid the apathy which can invade our lives, and stand for what is right, bucking the tide, swimming against the stream, I applaud you, your energy, your vision.

May you find a song in your heart and a smile on your lips.

Merry Christmas.

Healthy Holiday?

Anyone that wants to place their faith in the government ought to look at how many people get elected to office running against it.

Merry Christmas.

Escaped Prisoner Updates Facebook Page

This story is too much fun not to write about. It is certainly going to make Jonathan Bleiweiss very jealous, you know the popular ex BSO officer in jail on charges of sexually assaulting immigrants he detained on traffic stops. Not pretty. But here is the story:

British police have appealed for information about the whereabouts of an escaped prisoner who has been telling the world via Facebook about his life as a fugitive.

Craig Lynch, 28, escaped Hollesley Bay open prison near Suffolk, eastern England, back in September, but has continued to update his Facebook status regularly -- describing everything from his meals to who his next girlfriend will be.

"Mmm... Just had a 12lb venison steak. Roasted veg and chips, bangin meal. I feel stuffed but still got room for the j.d's . Hope you enjoyed the meal babe's. We'll have to eat here again" Lynch wrote on his wall.

In another posting from earlier this week Lynch wrote "Is thinkin, which lucky girl will be my first of 2010!!." Police are trying to use clues left by Lynch on his Facebook to track down where the convicted burglar may be hiding. And they are appealing to the public. I think the guy is going to become a cult hero. We just live in that kind of world.

Lynch was sentenced to a seven-year prison term for aggravated burglary and was serving his sentence in an open prison before his escape, according to a police spokeswoman.

"Obviously we're taking what he's saying on Facebook with a pinch of salt because he's now aware that people may be reading what he's writing." News that Lynch's Facebook was being updated broke yesterday and since then, he has written several times of his life on-the-run. It made CNN.com today. Probably the national news tomorrow. What a world we live in.

By the way, Lynch is not all that optimistic. This afternoon he wrote:

"well what can i say fellow friends. The run is nearly over. Sorry some of you had to find out like this. I know some of you might take offence that i never told you personally. But you know me. I Trust No One. Its the only way to be."

Well, is there a prison newspaper he can run ?

New Driver's License and ID Rules In Effect

Beginning Jan. 1, new documentation requirements will take effect for Florida residents wishing to obtain a driver license or identification card. It's going to be more of a pain in the ass than usual.

Those wishing to obtain a new license, legally change their name prior to their renewal date or immediately replace a lost or stolen license or ID card will be required to visit a driver license office and show proof of identification, Social Security number and residential address (two items). Welcome to the world of linkups with Homeland Security.

Those simply renewing may do so by a convenience method, via the Internet or mail, one time between office renewals.

The renewal, following a convenience option, must be in a state driver license office (or participating tax collector office) where new requirements will be in effect. Floridians are encouraged to visit GatherGoGet.com to find out how and when to gather your documents, go to a driver license office and get your new card. This online hub allows residents to obtain contact information showing where to get required documents, create personalized checklists and browse a list of local driver license offices in their area.

"These new requirements support the most secure identification credential possible," said Division of Driver License Director Sandra Lambert. Florida law was enacted to ensure the state's compliance with the provisions of the Federal Real ID Act. No more Mohammed Attas for us. Now as for the license in the picture, well you all know I am a Sports Memorabilia collector. Appreciate the spelling by Tallahassee of Joe D's address in 'Miaim'.

For more information about the GatherGoGet campaign, or to see a full list of required documents, visit GatherGoGet.com.

Drive Safe!

Over the Holidays. Stay sober. Be careful. Consider your neighbor. Take care of your friends. Be nice to your family. And remember if you love something, set it free. If it comes back to you, it is yours. If not, hunt it down and kill it :-)

Are You Entitled to Overtime Pay?

It just seems that one of the most common questions I get is whether employees are being treated fairly by their employer's pay practices. Joseph Maus specializes in that area so around the Holidays with money on your mind, I thought I would take him up on the opportunity to syndicate his blog piece on an issue vital to your finances.- Norm

Guest Blogger: South Florida Attorney Joseph M. Maus

One of the primary laws dealing with overtime in the U. S. is the Fair Labor Standards Act (FLSA) which was passed in 1937. The United States adopted the Act in order to set certain wage standards and guidelines for employers. The FLSA requires that employees who work overtime be paid for the additional time they have worked beyond the standard 40 hour work week. In addition to the FLSA, the state of Florida also has a separate set of regulations that employers must follow when it comes to paying overtime for their employees.

-In Florida, overtime wage payments are structured to go along with the U.S. guidelines. Often, though, an employer may ask an employee to do something that seems innocent, such as requesting them to check company email or answer an office-related text message over their lunch break, or maybe staying a few minutes late so they can wrap up a meeting. They may require employees to set up or put away equipment before or after normal working hours or may not pay for time spent on legally mandated breaks. If this has happened to you and you are a non-exempt employee, you may be entitled to an overtime wage claim in Florida. All of this unpaid time can add up, too: if you only work an extra 20-30 minutes a day doing these "extras", that means you are working unpaid for at least two hours a week. Figured at $12.00 an hour over a two year period, your employer could owe you $2,500.00!

-Most "salaried" employees are entitled to an overtime wage payment! In many cases, being paid a salary just means the employee gets paid the same amount of money each week. Your status as an exempt or non-exempt employee is what determines your eligibility for overtime pay.

-Some employees work over a two-week pay period that adds up to an average of forty hours a week (an example would be when you work 35 hours in one week and 45 hours in the second week). It is not allowable for an employer to average your work hours between two weeks to determine overtime pay. In cases like this, you may be entitled to overtime pay for the second week if you are a non-exempt employee.

-Employers can not give you comp time off instead of paying you overtime wages. This is a violation of the FLSA.

-The FLSA and the Florida wage laws prohibit employers from punishing or firing an employee who has asserted his or her rights to overtime wages.The FLSA allows employees two years to file an overtime lawsuit or three years if the employer's violation was willful. Employees and former employees should file a claim with a Florida overtime wage attorney as soon as possible after a suspected violation so the attorney can put the strongest possible case together.

-Even though the FLSA is supposed to provide regulations that provide that all employees are treated fairly, some employers routinely fail to pay their employees overtime pay, even if they do not intentionally try to get out of doing it. The overtime wage laws are confusing and complex - it is easy for employers to either misinterpret the FSLA or try to get around the law to avoid paying their employees a Florida overtime wage

Florida overtime attorney Joseph M. Maus can help if you have a question or need information on Florida overtime wage claims. Contact him at 1-866-556-5529 or email him today for a free consultation. The Law Office of Joseph M. Maus and Associates has handled some of the largest Florida overtime wage claims. Attorneys in their offices were recently appointed in Federal Court as lead counsel in an Overtime Class Action against a large Fortune 500 Company.

Drug Courts Help Drive Down National Prison Populations

There is an AP news story by Jeff Carlton this weekend revealing that the US prison population may drop for the first time in almost four decades, with one state having a notable exception.

Let me see if you can guess which. Seems that Florida, which has, of course, enacted a law requiring all convicts to serve a high percentage of their sentences, is the anomaly. So our prisons are bulging at the seems, while other states streamline their unnecessary detainees.

Nationally, inmate population has risen steadily since the early 1970s while states adopted get-tough policies that sent more people to prison and kept them there longer. But tight budgets now have states rethinking these policies and the costs that come with them.

"It's a reversal of a trend that's been going on for more than a generation," said David Greenberg, a sociology professor at New York University. "In some ways, it's overdue." Of course it is overdue. Especially with nearly a million people a year still getting arrested on pot charges.

About 739,000 prisoners were admitted to state and federal facilities last year, about 3,500 more than were released, according to new figures from the bureau. The 0.8 percent growth in the prison population is the smallest annual increase this decade and significantly less than the 6.5 percent average annual growth of the 1990s. Overall, there were 1.6 million prisoners in state and federal prisons at the end of 2008. Nothing to be proud of.

In Texas, parole rates were once among the lowest in the nation, with as few as 15 percent of inmates being granted release as recently as five years ago. Now, the parole rate is more than 30 percent after Texas began identifying low-risk candidates for parole. That is in a state where George Bush was once governor. Even in Mississippi, laws requiring drug offenders to serve 85 percent of their sentences have been reduced dramatically, recognition that continued treatment is more important than mandated incarceration.

California's budget problems are expected to result in the release of 37,000 inmates in the next two years. The state also is under a federal court order to shed 40,000 inmates because its prisons are so overcrowded that they are no longer constitutional, the AP article reports.

States also are looking at ways to keep people from ever entering prison. A nationwide system of drug courts takes first-time felony offenders caught with less than a gram of illegal drugs and sets up a monitoring team to help with case management and therapy. But here in Broward you get cases going to court where persons are found with less than one tenth of one gram of coke. Residue cases they are called. How foolish. How about a mandatory referral to drug court instead?

Experts across the country now acknowledge that drug courts are the single most important mechanism in helping drive down prison populations. By enhancing treatment and supervision, allowing for rehab instead of jail, criminal justice budgets are stabilized not stretched and addicts are counseled. Reform. It is not a dirty word. I wish prosecutors and politicians here at home would understand that.

No More Routine Shackling of Juveniles in Custody, Court Rules

Juveniles should be handcuffed or shackled during court appearances only if judges have a good reason for the restraints, the Florida Supreme Court said Friday, about thirty years late.

The justices followed recommendations by the National Juvenile Defender Center. Under the guidelines the court issued Thursday, judges can order juveniles to appear in chains if allowing them unrestrained would endanger them or others, if they have a history of being disruptive or if there is a risk of flight. Why was it ever any other way?

Stop and think a moment, those of you who have been coming to the courthouse for decades? Has it not been very odd the way children locked up in the detention center have been paraded through the hallways of our courts like prisoners in a chain gang?

Those that are threats, flight risks, or present a danger, sure, align your guard and take preventative measures. But for how many years have we simply treated kids as cattle?

"We find the indiscriminate shackling of children in Florida courtrooms . . . repugnant, degrading, humiliating, and contrary to the stated purposes of the juvenile justice system and to the principles of therapeutic justice, a concept which this court has previously acknowledged," the Supreme Court said.

The keyword was 'indiscriminate.' There was no rhyme or reason, just a tolerated pattern of conduct none of us ever did anything about. We just accepted it as the 'way that it was.'

In retrospect, as someone who actually once sued to close the juvenile detention center, not once, but twice, I am embarrassed myself that I never sought that relief years earlier. Between all the judges, juvenile advocates, the National Law Center, I think we all just became routinely anesthetized and indifferent; never even processed how wrong the process was. Well some lawyers did and today they made a difference.

Wheelchair Patient in ALF Stabs to Death Other Patient in Wheelchair

Today, proof again that violence strikes anywhere and everywhere.

I have witnessed the Paralympic Games and seen how tough wheelchair basketball can be. But you tend to think of those persons who are confined to wheelchairs as individuals who grasp the preciousness of life.

It was not so yesterday in the East Village in New York, where an argument between two men in wheelchairs ended in deadly violence when one stabbed the other after being gashed on the head, police and witnesses said.

A resident of Barrier-Free Living, an assisted-living facility, said the killer managed to corner the victim because he was using a motorized wheelchair.

The battle started in the early morning hours when a 24-year-old resident smashed a 51-year-old with the footrest of his wheelchair.

"There was an argument over nothing," said Norberto Toledo, who is the victim's roommate.

The older man was enraged and some time later zoomed over to his victim - who was using a manually operated wheelchair - and repeatedly stabbed him with a homemade knife.

"[He] sped up to him and began stabbing him over and over again," Toledo, who said he watched the murder with guards on a security monitor. "We couldn't believe what we were seeing." I will just assume for the purposes of this article they watched the reruns, because you gotta say to yourself if they were watching it as it happened, then what the hell were these guards doing?

Cops recovered the knife at the scene and arrested the 51-year-old man. Remanded without bond, the preliminary charges are manslaughter. Don't know if the guy had been drinking. If he had, with a motorized wheelchair, they could charge him with DUI Manslaughter. Well, they would in Broward!

Is Federal Public Defender Leading Candidate for Federal Judgeship?

John Pacenti is reporting in today's late afternoon Daily Business Review online update that Miami-Dade Assistant County Attorney Wifredo Ferrer and Federal Public Defender Kathleen Williams are front-runners to be President Obama’s picks for two open federal justice system positions in South Florida. Very encouraging.

According to those mysterious 'sources,'Ferrer, a county attorney with extensive federal experience, is the lead candidate to become the new U.S. attorney for the Southern District of Florida, according to Daily Business Review sources.

Williams, who has led the Federal Defender’s Office for 14 years, is the front-runner for a U.S. district court opening in Fort Lauderdale. Calls to references and colleagues of both Ferrer and Williams have been made on the presidential nominations in the last few weeks, while there appears to be little inquiry into the other candidates. They are being 'vetted'. God, I hope that means they don't have tax problems.

Other candidates for the U.S. attorney position are two former federal prosecutors, Kozyak Tropin & Throckmorton shareholder David Buckner and Miami-Dade Circuit Judge Daryl Trawick. Williams was picked as a finalist by Florida’s federal Judicial Nominating Commission along with Miami-Dade Circuit Judges Jerald Bagley and Robert Scola Jr.

I have no clue if these 'inimitable sources' are correct, but I do know this first and foremost: federal public defenders in the Bush administration did not find lots of federal judicial appointments come there way. The Obama Administration has opened the door to White House posts for those outside the loop for too long; competent and respectable agents of law and justice who served as criminal defense attorneys or public defenders. Soto Sotomayor proved it. I am grateful for the sea change. The tide has turned.

Nevada Says Male Prostitutes Have Legal Rights Too

What is good for the goose is now good for the gander in the state of Nevada.

Hello, Chicken Ranch, here I come! :-)

The Nevada State Board of Health, citing something called equal rights and the constitution, this body of laws that presume even steven for everyone- has made a change in brothel regulations that will allow men to be prostitutes—even for other men.

Prostitution has been legal in Nevada since 1971, but places like the Shady Lady Ranch have only been allowed to offer up mares, because health regulations required all prostitutes to receive "cervical" tests for STDs. Since guys don't have a cervix, they were essentially banned from being prostitutes. But on Friday, Shady Lady Ranch madam Bobbi Davis, armed with a team of ACLU lawyers, successfully petitioned the Nevada State Board of Health to allow men to receive urethral examinations instead. This cleared them to offer up their own services.

The Nevada Brothel Owners Association is not enthused about tapping into the new and growing market of people who like having sex with men There is a backlash emerging. A spokesman for the brothel association likened the changes to the brothel industry's "Pearl Harbor"; that it will damage the industry forever. He claimed that most Nevadans will negatively respond against legalized male prostitution, and its potential risks, thus impacting the historic success of the trade. I doubt it.

From a legal standpoint, you used to be able to say HIV was a health hazard caused by male on male sex. But it is a health hazard caused by unsafe sex. What is happening here is a leveling of the playing field for both men and women, a legal disposition that suggests you cannot discriminate based on sex. Realistically, then, you have to wonder what took so long to mandate- forgive the term- that guys have the same rights women have. Presumptively, I guess this also means lesbians can now contract out their services as well.

Equal rights for all never hurt anyone.

Facebook Frenzy: Judges Can't Friend Friends who Are Lawyers

I have to defriend Judge Alfred E. Neumann. He cannot be my friend anymore.

The AP is reporting today that the state’s Judicial Ethics Advisory Committee has ruled that Florida's judges and lawyers should no longer "friend" each other on Facebook. This ruling is so stupid it is funny. The committee ruled Nov. 17 that online "friendships" could create the impression that lawyers are in a special position to influence their judge friends.

Right, because Jay Hurley finds out I went fishing on Saturday, I am going to catch a break on a bond if I come before him on Monday with an accused drug trafficker? This, pray tell, is what our ethics committee is worried about? More so than accusations like judges were getting kickbacks from lawyers for special PD appointments?

"Although Facebook has been used as an example in this opinion, the holding of the opinion would apply to any social networking site which requires the member of the site to approve the listing of a 'friend' or contact on the member's site," the opinion said.

A few on the committee dissented, saying judges should be allowed to have Facebook friends because those relationships are more like "a contact or acquaintance."

Although only the Florida Supreme Court can actually mandate what judges can do, most will likely follow the ruling out of an abundance of caution, said Craig Waters, spokesman for the Florida Supreme Court. Well, let me know if anyone wants to challenge this ludicrous decision. I think the crossovers on Facebook are remarkable. Heck, I have defendants and judges as friends. You think they are chatting about the case online? You think they even know who each other is? Heck, I have friends with 3500 friends. I gave up even trying to figure out who all my friends are.

Judge Thomas McGrady, the chief of the sixth judicial circuit in Pinellas County, said he understands why the committee came to its conclusion: Judges need to appear impartial.

"We as judges can still be good judges and still have friends. Part of our job is to not let that friendship interfere in any way with our decisions," he said. "But others in the public who see judges listing a lawyer as a friend on facebook, they may think that because they are your friend, they will be treated differently." Grow up. There are a lot more serious things to worry about.

McGrady, who is sending a copy of the ruling to the 69 judges in his circuit, said this potential conflict of interest is why he doesn't have a Facebook page. Either that or he does not how to use a computer.