Time For Yet Another Blogger Ethics Panel!

Our friends in Broweird, already awash in facacta "investigations," may have another one on their hands, as reported by the always-excellent Bob Norman.

This one, at least, (finally) has some naughty bits:

Local attorney Barbara Heyer, who happens to be the wife of Broward County Judge Marc Gold, sent an oh-so serious letter -- with "exhibits," mind you -- to JAABlog administrator Bill Gelin that basically accused Gelin, a lawyer, of violating the Florida Bar by posting the racy photograph (shown at right) on his blog.

Heyer wrote that she was "dismayed to see the display of a nude woman in a very suggestive and demeaning position" on the blog on April 23. The latter day Queen Victoria continues:

"As you are a member of the Florida Bar, perhaps you need to be reminded that we have certain obligations to the Public and the legal community. Let me refer you to Rule 4-8.4(d), which states, in pertinent part, that a lawyer will not: 'engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis ... on account of race, ethnicity, gender ..."

Heyer, who added the emphasized text, also wrote that "dozens, if not hundreds, of vile comments that have appeared on your blog serve only to embarrass our profession."

The implication is clear here, but it's ridiculous. That photograph didn't humiliate or disparage any lawyers. And don't you just love the way these folks who fear JAABlog always act like their profession is so pure and virtuous? Such high-minded rhetoric might pass the smell test in a meeting of lawyers, but the public damn well knows better.

First question -- is posting to a blog "conduct in connection with the practice of law"?

Second question -- doesn't "knowingly or through callous indifference" mean anything?

Third question -- the letter's a bit much, no?

To the Blogger From the North:

Stay gold, Gelin-boy, stay gold.

Oh Boy.

Judge Brown Sanctions Order 2

You know my favorite case?

The one that makes writing this blog so, so easy?

The one I've written about here and here?

Well I have no idea what the underlying issue is, since Magistrate Judge Brown sealed the relevant pleadings, but this Order doesn't seem too good:

This matter came before this Court on Plaintiffs' Ex Parte Emergency Motion for Protective Order (D.E. 386), filed November 6, 2009. The motion sets forth serious allegations and accusations, and seeks significant relief. This motion resulted in numerous other filings and at least one emergency hearing. Responses were filed along with hundreds of pages of exhibits, including declarations and depositions transcripts. No reply was ever filed.

The motion, made without any evidence nor supporting documentation, sought an evidentiary hearing, and a delay in discovery. While the motion suggests that documentation could be provided if ordered in camera, in the face of substantial evidence contradicting said motion, none was ever provided.

The response of INA is most telling. It not only attaches the exhibits noted, supra, but alleges that plaintiffs had at least some if not all of this information before filing the motion ... allegations never rebutted in a reply. It further seeks sanctions under FRCP 11, and plaintiffs never respond to same.

The motion has largely become moot at this time, but to the extent it was not completely ruled upon, and the Court being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows:

1. The relief sought in said motion, with the exception of the sealing of same, is DENIED.

2. Plaintiffs shall have through and including Friday, April 30,2010 to show good cause, in writing, why substantial sanctions should not be imposed under FRCP 11 for the filing of this motion, and further why the Court should not, sua sponte, award said sanctions under either the inherent power of the court or 18 U.S.C 9 1927 for vexatiously and unreasonably multiplying the proceedings herein. Said filing shall be limited to a maximum of eight (8) pages.

I don't know, given the history here, what do you think might happen?

Wine and Women

That's pretty much the takeaway from Susannah Nesmith's profile of A.J. Barranco, the incorrigible bachelor who turned an old bomb shelter into a make out pad, ala Donald Fagen's New Frontier:

In addition to women, Barranco is fond of wine—he retrofitted a 1960s bomb shelter under his home as a wine cellar and bar, decorated with World War I recruiting posters from Europe and a sleek red leather couch.

That actually sounds kinda neat.

Susannah even snagged a quote from a sitting federal judge:

Federal District Judge Ursula Ungaro first met Barranco when she was on the state circuit bench. She considers him a friend and hired him to represent her in her own divorce. “He has a reputation for being a bulldog and for representing women very aggressively,” she said. “There are probably men, both in this community and elsewhere, who don’t particularly like him because he was so forceful against them.”

Probably?

Boy, there's something in the air.

Was it Julie Andrews who sang in Camelot about the "Lusty Month of May"?

Or maybe it's just me?

Ben Solomon Hearts Charlie Crist!

I'm not a huge fan of pda, but in this case we can make an exception:

"It's exactly what we need," said Ben Solomon, a Miami real estate lawyer who isn't registered with either party. "The question is, 'Do you think independently?' The answer should always be 'Yes.'"

Solomon said he was already planning to vote for Crist, but after the governor decided to go independent, he will actively work for him, helping him raise money and recruiting support. Crist has said he plans to change his voter registration to no party affiliation.

I'm with ya, Ben -- ABR (Anyone But Rubio).

Like almost everyone in town(?), Ben used to be with Duane Morris, but now has a nice boutique practice in North Bay Village.

Here's An Idea.

Morning, kids!

Still thinking about the FBA B SD FL BABC.

I love that scene from Trains, Planes and Automobiles, where Steve Martin suggests to John Candy how to tell a story:

You know everything is not an anecdote. You have to discriminate. You choose things that are funny or mildly amusing or interesting. You're a miracle! Your stories have NONE of that. They're not even amusing ACCIDENTALLY! . . . And by the way, you know, when you're telling these little stories? Here's a good idea - have a POINT. It makes it SO much more interesting for the listener!

Just sayin'.

What a brilliant idea in this WP editorial on how to help clean up judicial conflicts:

A proposal by the American Academy of Appellate Lawyers offers improvements. The proposal calls on courts to make available with sufficient lead time the names of the judges scheduled to hear an appeal. Without such warning, lawyers and litigants might not know that a judge with a possible conflict is sitting on the case until they enter the courtroom. Raising an objection then is awkward, to say the least, and probably futile.

Sheesh, I wonder why no one thought of this before?

BTW, get ready -- summer's here.

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FBA B SD FL BABC Awards!

Don't you hate lawyers who insist on lengthy, unwieldy acronyms to denote a party in a brief when it is abundantly obvious who is being referred to?

Last I checked, these acronyms (or initialisms?) are supposed to assist, ease or otherwise make the reading experience better for the reader, not clog up a brief with technically accurate yet preposterously long combinations of random initials that serve no purpose other than to make your sentences unreadable.

Alright, onto the FBA B SD FL BABC awards!

Best 70s building that was vaguely updated at some point in the late 80s:

Doral!

Yep, that hulking, aging colossus served us well and showed us that hairy old dogs can still teach us youngins a thing or two (no, I'm not referring to Bob Josefsberg).

Best meat market to pick up other lawyers or judges:

The "networking sessions" near the main ballroom!

It was hot, tight, and filled with lots of attractive people holding glasses filled with dark liquids. All we needed was a disco ball and some Kool and the Gang and those "sessions" could have taken on a whole new meaning.

Best no-show that made the event much much better:

This one's a no brainer --

We regret that scheduled keynote speaker Associate Justice Clarence Thomas has a Supreme Court conflict which will prevent his participation.

Sorry, swlip!

Actually, Judge Dubina was pretty interesting (if you could hear him above the din).

Hey schmuckies, when the Chief Judge of the 11th Circuit is addressing you, shut the hail up and eat your chow.

Best-run plenary session by a guy who actually dressed up nice and wore a suit and tie for the occasion:

Who else -- Scotty D!

Kudos to Brian Spector and Adam Rabin and all the organizers, judges and participants for making this the best FBA B SD FL BABC yet.

(Boy, that really rolls off the tongue.)