3d DCA Watch -- Welcome, New Lawyers!

It's a festive time inside the bunker and the Resplendently Robed Ones have pulled out all the stops (i.e., they briefly fixed the coffee maker) to welcome a new class of Florida attorneys:

On October 3, 2012, the Court will hold Induction Ceremonies to swear in the newly admitted inductees to the Florida Bar. The induction ceremonies will be at 10:30 a.m. and 2:00 p.m. All inductees, their families and friends are invited to attend.

Congratulations!!

Now that you've just been sworn in, did you know some lawyers want you to be regulated by the Florida Legislature -- and we know how good a job they always do:

It may be time to review the status of the Florida Bar, which is only subject to the supervision of the Florida Supreme Court Justices.

Why should lawyers be the only profession exempt from legislative oversight; that is, from the oversight of the people of Florida?

I thought conservatives want LESS regulation of business?

Sorry kids, too late to go back to law school.

Let's press on to the business of pressing business:

City of Miami v. Fraternal Order of Police:

Judge Cynamon's temporary injunction enjoining the City Manager from invoking a "financial emergency" overturned.

Back to the bargaining table!  (Good luck.)

Here's an interesting one -- Judge Shepherd on the limited nature of appellate review:

The jurisdiction of the courts of this state is an intricate design arising out of provisions of the state constitution, statutes, and rules of procedure. We are not authorized to cut corners on that design.

Hey, weren't we (and the Florida Supreme Court) just talking about this?

Murphy v. Murphy:

Judges Schwartz and Rothenberg disagree on what constitutes a "supportive relationship."

I don't know about you, but I'm pretty sure this qualifies.

Now go get a job, plebes!

Read more here: http://www.miamiherald.com/2012/10/02/3031333/unfair-exemption.html#storylink=cpy

Tom Spencer on Merit Retention and Assaults on Judicial Independence.

Not since the days of George L. Metcalfe has the Florida Bar News -- the best paper no one has personally ever paid any money to read ™ -- lit up its letters page with strongly worded complaints about the Bar's merit retention "education" program.

In walks our friend Tom Spencer, who sayeth thus:

I support the retention of the three justices of the Supreme Court of Florida, even though I also frequently disagree with their opinions. But I am astonished at the hypocrisy of our Bar leadership in spending our Bar fees for a statewide “education program” on retention, which is, in reality, political institutional pandering. This hypocrisy takes on even greater dimensions, when it is compared to the silence of our Bar leadership in the face of the vicious, unprecedented assault on the judicial independence of the Supreme Court of the United States.

The historic browbeating by President Obama and many members of his party, including the chairman of the Senate Judiciary Committee, is something every lawyer should protest. But not a sound can be heard from either our leadership or the many leaders of the ABA who are Florida Bar members.

Our involuntary Bar association is quick to spend our money when liberal judges are under attack — silent when conservative judges are being skewered by liberal politicians, lawyers, and operatives who want to fix an unprecedented case.

Every judge should be defended or no judge should be defended. We members should be howling angry at this hypocritical maneuvering on our dime. The money spent on voter “education” would be better spent supplementing our needy pro bono programs. 

I thought, particularly as a Constitutional law professor, that Obama knew better when he made that one, single remark about popular legislation etc.  And he promptly walked it back.

(Perhaps I missed the rest of the assault?)

But what about all the historic attacks by conservatives over the last five decades -- hail, the entire tenure of the Warren Court -- over "activist judges" and their evil social legislation rulings from the bench?

Ho hum, yesterday's news I guess.

I think I know how swlip feels about all this, but how about the rest of you?

Odds and Sods and William Levy

Hi kids, are you still at work?  I sure hope not.

My friend Tom Spencer wants you to be afraid, be very afraid of Saddam Ahmadinejad Rev. Wright Bill Ayers Kenya saying "happy holidays" Wikileaks.

Hey, Christmas truly is beloved by everyone!

One of my most-viewed posts deals with the lawsuit that Spanish-language soap opera star William Levy brought against an LA attorney over allegations of forced oral sex and venereal disease.  The case is pending before Judge Moreno.

Now it appears Levy's attorney, Ralph Patino has sought leave to filed a second amended complaint, chock full of additional allegations.

You can take a deep breath and review the proposed amended complaint here.