Should Florida Judges Be Allowed to Facebook Lawyers?

Categories: Law
How could you not accept this guy's friend request?
So like we were totally in traffic court the other day and who comes up as the presiding robe on my docket but ugh omg Judge Sanders -- right, the same creep-o who was jamming up my Facebook page with friend requests last spring break. I know, totally f-king awkward, right?

Hellz no I never accepted -- he's was getting all John Mark Karr, "liking" up on all my spring break photos and updates about my base tan status. Ew.

Anyway, now I'm really bugging this is all going to f my clients, past present and future. Remember that guy Pierre Domville, the defendant from Sunrise?

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Where Are the New Year's Eve DUI Checkpoints in Broward and Palm Beach

Categories: Law
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Don't be a dipsh*t.
Right out of the gate, let's set the obvious into stone: Don't drink and drive. At all. Ever. Especially tonight. It's not only dumb but expensive. Worse, all your friends will find out. They'll laugh at you.

But let's say you have a friend. This friend has a big New Year's Eve date scheduled for the Cheesecake Factory. Things are going great, the lovely date is laughing at all the fiscal cliff jokes you your friend came up with over the last week. That Nautica shirt Mom bought for Christmas looks sharp. She orders another daiquiri. You follow suit. Next thing you know, it's New Year's Eve, you're borderline, and it's time for the drive home. What do you do?

You call a cab, idiot. Everyone knows for the police on New Year's, hunting drunk drivers is as easy as knocking down fowl in the first level of Duck Hunt.

But according to local enforcement, the police in Broward and Palm Beach will be searching the open waters mostly -- not posting up in official sobriety checkpoints. 

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Big Tobacco Skates in Lucinda Naugle Case

Categories: Law

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Broward County Circuit Court's Jeffrey Streitfeld really took home the "activist judge" belt when he presided over Lucinda Naugle's 2009 lawsuit against Big Tobacco.

The sister of a former Fort Lauderdale mayor, Naugle was a smoker whose 25-year habit led to emphysema. She asked the court to put Philip Morris legally on the hook for the damage, and a jury agreed, handing the plaintiff a eye-popping $300 million settlement. Yup, that's a lot of zeroes -- the largest tobacco settlement on the books.

But Streitfeld seemed to have gotten a little too nervous about his court entering the history book as the site of Big Tobacco's first serious bloodletting. He slashed the settlement figure down to a blue light special discount of $36 million. His justification was that the jury was just too emotional at the time to think straight. Reportedly, it was also that time of the month for some of the women on the jury, and some dudes were a little too nervous about the Hurricanes' ACC standing. See, no one was thinking right.

Unfortunately, that cop-out from the bench was basically allowed to stand this week when the matter when before an appeals court.


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Appeals Court Hears Challenge to Florida Drug-Testing Law for Welfare Recipients

Categories: Law
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Arguments were heard in the 11th Circuit Court of Appeals in Atlanta in Florida's appeal of a lower court Thursday on the decision halting enforcement of a 2011 state law mandating drug tests of applicants for the Temporary Assistance for Needy Families program.

Basically, the law says that those who apply for welfare benefits must not only take and pass a drug test, they also have to pay for it.

Last year, District Judge Mary Scriven temporarily blocked the law, saying essentially that it may violate a constitutional ban on unreasonable searches and seizures. The drug testing program was challenged by the ACLU of Florida on behalf of of Luis Lebron, an Orlando Navy veteran, a single father who had applied for temporary assistance in July of '11 to support his 4-year-old son.

The state appealed the decision, arguing that the drug testing promotes family stability and child welfare. ACLU says that drug testing is not only a violation of the Fourth Amendment but that it assumes all people on welfare use drugs.

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Boca Lawyer Doug Schapiro Has Sued Nearly 100 Local Businesses Over ADA Infractions

Categories: Law
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"The urinal is too high," says Douglas Schapiro, a pudgy lawyer dressed casually in a red polo shirt. He's squished into the men's room of Mi Fondita Mexicana Y Café in Hollywood fiddling with a measuring tape. "It has to be 17 inches from the floor. This is 24 inches."

From the proper height of pissers to the acceptable width of parking spots, Schapiro can rattle off even the most obscure requirements of the Americans With Disabilities Act.

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State Asks Court-Appointed Lawyers to Work for Peanuts; Will More Poor People Land in Jail?

Categories: Law
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Bowman and Harper, whose case involved a court-appointed private lawyer.
Back in January 2011, Charles Harper was facing stalking charges from his terrifically estranged ex-foster dad, Broward Circuit Judge John Bowman. The kid was an adult by then and didn't have much money to speak of, but public defenders were dropping him like a hot potato because of perceived possible conflicts with a sitting judge.

The state has rules for such conflicts: They're forwarded to the Office of Criminal Conflict and Civil Regional Counsel, where other lawyers wait to take the cases. If they too find a conflict, the case is sent to a group of lawyers randomly selected in a process called "the Wheel" to represent the defendant while the state foots the bill.

State legislators trying to save money slipped in a change in the rules that will ask some lawyers to accept a flat fee for their work in exchange for getting the first chance to represent some felony defendants, reports the Herald. That could mean lawyers are paid less than the minimum wage to see cases through court.

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Don't Be So Quick to Jump on the Latest "Charlie Crist Is Gay" Rumor

Categories: Law
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"Evidence."
There's been plenty said about the sexual orientation of former Gov. Charlie Crist, but if you've been seeing headlines the past few days similar to the Huffington Post's "Charlie Crist Gay? Former Governor Allegedly Paid Men to Cover Up Affairs," take them with a grain of salt. The allegations aren't coming from police or investigators of any kind -- they're coming from a lawyer in the Jim Greer corruption trial.

The allegations were broken by WTSP, in Tampa: Crist tried to drunkenly kiss Greer at a Beverly Hills hotel, lawyer Damon Chase said in an email, and paid two men to leave the state in order to cover up gay affairs.

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Fane Lozman Files Legal Brief; Supreme Court to Decide if His House Was a Boat

Categories: Law, Up the River
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He's been busy.
The U.S. Supreme Court has taken on some of the most compelling debates in history: the struggle for civil rights, the power of corporations to influence political campaigns, a woman's right to get an abortion. Now, thanks to a South Florida activist, they'll be taking on another subject for our divided times:

What is a boat?

That's the basic question raised by a suit filed by Fane Lozman against the City of Riviera Beach, which has now made it to the Supreme Court and will be heard in October. (See our previous coverage.) Lozman used to live in a floating home in a Riviera Beach marina; after a nasty dispute with city honchos, the feds towed away his home and destroyed it.

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Broward Clerk of Courts Scrambling to Comply With New Florida Public-Records Laws

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Howard Forman, who now has to pay people to hide information from you.
For members of the public (including the news media), getting court files from the Broward County Clerk of Courts has been a somewhat arduous process in recent years. The clerk's offices are crowded and short-staffed, and members of the public need to awkwardly sign in on a clipboard while an overworked employee reads the clipboard upside-down to see what case files are needed, then shuttles back and forth to get old records delivered from an off-site warehouse in three to five days.

In recent years, the process got worse, as the state government cut clerks' budgets and staff was further reduced. Still, there was a bright side: If a court file was present in the building, you could look at it right away.

That has all changed now, as new Florida laws require the clerk to redact personal information from any file before it's handed over. Now, it takes a week to see files that are already there. And behind the scenes, the clerk's office is struggling to keep up with requests and with the new law. More »

Police Looking for Tatiana Huffman, Disabled Lake Worth Girl (UPDATE: Found)

Categories: Law
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via PBSO
UPDATE, 10:04 a.m.: Police say she was found unharmed about 6 a.m. today. She hid in an abandoned house when she saw all the police activity in her neighborhood. Original post, 5:55 a.m.:

​​Lake Worth 12-year-old Tatiana Huffman walked away from her house at 329 S. M St. in Lake Worth yesterday evening and disappeared, police say. She is five feet tall and weighs 135 pounds and was last seen wearing a pink and black zebra-print shirt, black leggings, and green sandals. 

"Palm Beach County Sheriff's Office considers Tatiana Huffman to be a Missing/Endangered Child," a release said late Tuesday. "Tatiana has the mental capacity of a 5 year old. "

Police are using patrols, helicopters, bloodhounds and...

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