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1374Comment Re: Yes, 1st Amendment Right to Criticize, But Not Too Much!

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  • JAIL4Judges
    Dec 13, 2007
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      Comment Re: Yes, 1st Amendment Right
      to Criticize, But Not Too Much!

      By Stan Antlocer


      -----Original Message-----
      From: antolak@... [
      mailto:antolak@...]
      Sent: Thursday, December 13, 2007 8:30 AM
      To: JAIL4Judges
      Subject: Re: Yes, 1st Amendment Right to Criticize, But Not Too Much!

      .... The judges in Las Vegas are so out of control that they do not even follow their own statutes, or read the pleadings. They stop people from defending themselves by stopping them in the middle of a sentence. They do not obey the Constitution ... make racist remarks, prevent fair and speedy trials, rule against the facts and the law. They deny well written motions which cite to the law, and then lie on the bench. They allow their practicing attorney's to lie and ruin peoples lives.

      I sent out two judicial misconduct forms, one on October 26, 2006 and the other one on December 17, 2006. I just received a letter from them on December 11,
      2007 stating that the forms were not signed. I sent them my copies with a stinging note.
      Oh! and by the way, they had to be in by November 29, 2007 to be heard before the Judicial Commission. [They waited to respond over a year later. - j4j] What a joke.

      Remember this as the Supreme Court that ruled in Schware v. the Board of
      Examiners, "No state/State can license attorney's. Oh yes, and a person on
      trial cannot have a Power of Attorney signed and notarized be represented
      by that person, even though Blacks Law dictionary states to the contrary.

      Stan Antlocer




      JAIL4Judges
      > Yes, 1st Amendment Right to
      Criticize,
      > But Not Too Much!
      >
      > ~   ~  
      ~
      >
      >
      > Lawyer may lose license for blog entry on Broward
      judge
      >
      >
      >       By Tonya Alanez |
      South Florida Sun-Sentinel
      >       December 13,
      2007
      >      
      href="http://www.sun-sentinel.com/news/local/broward/sfl-flblawyer1212sbdec13,0,4669427.story">http://www.sun-sentinel.com/news/local/broward/sfl-flblawyer1212sbdec13,0,4669427.story
      >
      > A defense attorney's law license is at risk because he
      posted an angry
      > description on the Internet of embattled Broward Circuit
      Judge Cheryl
      > Alemán, calling her an "evil, unfair witch."Last week, as
      Alemán was on
      > trial for alleged misconduct before the Judicial
      Qualifications
      > Commission, The Florida Bar signed off on its finding
      that Sean Conway may
      > have violated five bar rules, including impugning
      the judge's
      > qualifications or integrity.
      >
      > In the
      Halloween 2006 posting on a blog, Conway denounced Alemán for what
      > he
      said was an "ugly, condescending attitude" and questioned her mental
      >
      stability after, he says, she unlawfully forced attorneys to choose
      >
      between unreasonable trial dates or waiving their clients' rights to a
      >
      speedy trial.
      >
      > Conway, a former Broward assistant public defender
      now in private
      > practice, said Wednesday he feels justified in his
      comments.
      >
      > "She was giving people one week to prepare for trial
      and as soon as the
      > blog exposed it through powerful words she stopped
      it," he said. "And
      > that's why I stand by what I did. Sometimes the
      language the bar approves
      > of doesn't get the job done."
      >
      >
      Conway, 36, also filed a complaint against Alemán with the Judicial
      >
      Qualifications Commission, the state agency that polices judicial conduct,
      > citing her "deliberate refusal" to follow the law and insolent
      behavior.
      > Conway says he hasn't heard from the commission since a May 29
      letter
      > acknowledging his complaint.
      >
      > Alemán was
      unavailable for comment Wednesday.
      >
      > In the meantime, the judge
      awaits the outcome of her three-day trial for
      > allegedly threatening to
      hold defense attorneys in contempt and refusing
      > to remove herself from
      cases in which she had an acrimonious relationship
      > with the defense
      attorney.
      >
      > If she's found guilty, she could face anything from a
      public reprimand to
      > removal from the bench. Likewise, if Conway is found
      guilty of violating
      > bar rules, he could face discipline ranging from a
      reprimand to
      > disbarment.
      >
      > "She is clearly unfit for her
      position and knows not what it means to be a
      > neutral arbiter," Conway
      wrote in his commentary.
      >
      > That posting on Jaablog, a courthouse
      weblog created a year ago to examine
      > Broward County judges' performances
      and legal issues, is protected speech,
      > says Conway's attorney, Fred
      Haddad.
      >
      > "There's absolutely no reason that politicians, and
      that's all judges are
      > here in Broward County, aren't open to criticism,"
      Haddad said. "We've got
      > a [Florida Bar] grievance committee that can't
      even conceptualize the
      > First Amendment. You're dealing with a group of
      people that are entrenched
      > in protecting each other."
      >
      > In
      a Nov. 21 letter to the bar, Haddad cited a federal case, which found
      >
      that Michigan bar rules restricting attorneys' criticism of judges to be
      >
      overly broad and vague and unconstitutional.
      >
      > In that opinion,
      U.S. District Judge Arthur J. Tarnow, of the Eastern
      > District of
      Michigan, wrote: "Limiting an attorney's extrajudicial
      > criticism of a
      branch of government in the name of preserving the
      > judiciary's integrity
      is likely to have an unintended, deleterious effect
      > upon the public's
      perception, since attorneys are often the best suited to
      > assess the
      performance of judges."
      >
      > That case is on appeal.
      >
      >
      Bruce Rogow, a constitutional lawyer and professor at Nova Southeastern
      >
      University, agrees that bar rules are overly broad and vague but thinks
      >
      Conway may have overstepped boundaries.
      >
      > "I don't think there's
      any excuse for that kind of crude and cruel
      > language," he said. "The
      trouble with blogs is that people get carried
      > away and sometimes go over
      the top. There's just some good judgment that
      > needs to be used in
      criticizing a judge."
      >
      > The Florida Bar will now write a formal
      complaint and submit it to the
      > Florida Supreme Court, which will assign
      a judge to referee Conway's case.
      >
      > Tonya Alanez can be reached at
      tealanez@...
      > <
      href="mailto:tealanez@...">mailto:tealanez@...>  or 954-356-4542.
      >
      > Copyright © 2007, South Florida
      Sun-Sentinel
      > <
      size=3>http://www.sun-sentinel.com/>