1 HOW TO HANDLE JUDGES BEHAVING BADLY WHAT LAWYERS NEED TO KNOW ABOUT JUDICIAL DISCIPLINE Michael L. Schneider, Esq., General Counsel Judicial Qualifications Commission I. HISTORY AND PURPOSE OF THE JUDICIAL QUALIFICATIONS COMMISSION The Commission is an independent constitutional agency established in Article V, Section 12 of the Florida Constitution. A. Before the establishment of the Judicial Qualifications Commission (J.Q.C.), there was no mechanism to directly address judicial misconduct 1. The only methods to deal with a judge acting improperly were through impeachment and disqualification, neither of which were of much help to lawyers dealing with judges whose conduct was questionable. a. Impeachment was of limited value 1. It applied to only Circuit Judges and Supreme Court Justices a. The Governor had the authority to remove County Judges 2. Since the Legislature was the forum the process was political and could not address concerns promptly a. Disqualification was case specific 1. Primarily focused on relationship of the judge with the parties or attorneys. B. Despite the sentiment of the judiciary the present J.Q.C. process provides 1. Protection for the judiciary and the public. 2. Consistency of results. 3. A reasoned discussion of ethical constraints on judges. C. Jurisdiction of J.Q.C. 1. The Commission is vested with jurisdiction to investigate conduct of judges demonstrates a present unfitness to hold office or discipline. 2. If the J.Q.C. determines that the judge's misconduct is inappropriate it makes recommendations of discipline or removal to the Supreme Court.
2 D. The purpose of judicial discipline is not to punish judges, rather it is designed to determine the fitness of an individual to hold judicial office. 1. The J.Q.C. serves as both a sword and a shield for judges. a. "Protect public From Bad Judges and Good judges from themselves." 2. There is no individual right to discipline. E. Judicial Conduct is governed by the Code of Judicial Conduct 1. The Preamble of the Code states that the Code is designed to provide guidance to judges' conduct and are rules of reason. a. The Code and the disciplinary process are not to be used for advantage in litigation. b. Judges are governed at all times by the Code. 2. The J.Q.C. does not provide advisory opinions to judges. The Supreme Court has established the Judicial Ethics Advisory Committee to fulfill that function. a. The J.E.A.C. Opinions are not binding on the J.Q.C., but are persuasive authority. b. The searchable database of opinions are found at the Sixth Judicial Circuit website. F. Judge Wolf's Three Part Inquiry to determine whether judicial conduct is appropriate: 1. Can I tell my mother? 2. How will I feel if it appears on front page of Miami Herald? 3. Golden Rule: Don't do anything to anyone that you wouldn't want them do to you. In re Maxwell, 994 So.2d 974 (Fla. 2008): A judge has an absolute obligation to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary, citing Canon 2A. This provision is not an aspirational principal but a clear and unequivocal mandate. II. STRUCTURE OF THE J.Q.C. A. 15 members 1. 6 judges - 2 from each judicial conference 2. 4 Florida Bar Members, chosen by Board of Governors
3 3. 5 lay people, chosen by Governor. a. Lay members can not have been either member of the Florida Bar or a judge. B. The Commission is divided into two separate Panels 1. Investigative panel a. 4 judges b. 2 members of the Florida Bar c. 3 lay people 2. Hearing Panel a. 2 judges b. 2 members of the Florida Bar c. 2 lay people III. THE PROCESS A. Investigative Panel 1. The purpose of this Panel is to receive and investigate complaints a. Factual information not obviously unfounded or frivolous b. Individual complaint made under oath. c. Most active areas: 1. Domestic Relations 2. Criminal 3. Foreclosures 4. Victims of Crime 2. The Florida Constitution grants the J.Q.C. access "to all information from all executive, legislative and judicial agencies, including grand juries, subject to the rules of the commission." Art. V. Sec. 12(a)(5). 3. The inquiry is confidential unless and until probable cause is found by the Investigative Panel. a. Rule 2.420(c)(3), Rules of Jud. Administration. Also Media Convergence v. Chief Judge 13 th, 840 So.2d 1008 (Fla. 2003) 1. Also the J.Q.C. is not subject to public records. b. The judge is not initially contacted, contrary to the practice of The Florida Bar at this stage.
4 c. The confidentiality of complaints is constitutional. Landmark Communications v. Virginia holds that confidentiality: 1. Encourages filing of complaints and the willing participation of witnesses 2. It protects judges from publication of frivolous charges. a. The J.Q.C. receives more that 600 complaints a year, but 90% are dismissed due to lack of jurisdiction (concerns about decisions) or are factually unsubstantiated. 3. Confidentiality maintains confidence in judiciary by avoiding publication of baseless charges. 4. Allows flexibility in negotiation and J.Q.C. flexibility to accomplish its purpose, for example, voluntary retirement. 4. Disciplinary proceedings and criminal prosecution, differences Lack essential characteristics of criminal because object is not to inflict punishment, but rather to determine fitness to hold judicial office. Some of the differences are a. The Investigative Panel may consider the cumulative effect of a number of small incidents. b. Res judicata and collateral estoppel do not apply. c. There is no statute of limitations; however, the passage of time can mitigate the seriousness of the allegation. d. The J.Q.C. has jurisdiction over conduct prior to taking judicial office. e. The Commentary to Canon 2A makes perception of impropriety nearly as serious as reality. 5. If the Investigative Panel receives a complaint that is well founded but is only relatively minor issue, it can a Notice of Required Appearance under Rule 6(c) of the J.Q.C. Rules. As stated, this is a required appearance and is an opportunity for the Investigative Panel to share its concerns with the judge. Absent an inappropriate response by the judge, the appearance will conclude the process with the understanding that future misconduct will be treated more seriously. 6. When the Investigative Panel receives a complaint that appears to state allegations that merit inquiry it will undertake an investigation.
5 If the complaint or investigation creates a concern that the judge engaged in misconduct, it will issue a Notice of Investigation pursuant to Rule 6(b) of the J.Q.C. Rules. That Notice will: a. Inform the judge of the general nature of the subject matter of the investigation. b. The judge will be given an opportunity to make a statement, either personally or in writing, explaining, refuting or admitting the conduct. c. The judge does not receive discovery nor to present oral testimony or evidence. The Panel may receive documentary evidence. d. These hearings ordinarily take place in a central location, such as Tampa or Orlando. 7. There are typically three possible outcomes: a. The Investigative Panel may determine that the complaint should be dismissed. Dismissal may be due to: 1. That the allegations were not true, or if true, the judges actions were reasonable given the context. 2. That the judge appreciated the J.Q.C.'s concerns and the Panel was satisfied that the judge would be governed by that appreciation, requiring no further action. b. The judge could receive a private reprimand. c. The Investigative Panel could find probable cause to file formal charges. B. Hearing panel 8. Upon a finding of probable cause by the Investigative Panel, all further proceedings become public. The complaint and the proceedings of the Investigative Panel remain confidential. a. However, the Investigative Panel retains the jurisdiction to negotiate a settlement with the judge until the trial of the matter. 1. The trial is conducted by the Hearing Panel. 2. The Rules of Civil Procedure are in effect to the extent that they are not inconsistent with the J.Q.C. Rules 3. Generally outside counsel is hired to represent the J.Q.C.
6 4. Although one member presides as Chair, all rulings are subject to the assent of the entire Panel. 5. In addition to questioning by counsel, the members of the Hearing Panel may also ask questions. 6. All legal evidence is admissible, that is evidence that is trustworthy and relevant. 7. The Standard of Proof is clear and convincing evidence. 8. The Hearing Panel deliberates and determines whether the allegations have been proven. Then it recommends the appropriate sanction. These Findings Of Facts and Recommended Discipline is then conveyed to the Supreme Court for their decision. C. Supreme Court Review 1. Hearing Panel files the Findings and Recommendations with the Court. 2. The Supreme Court then issues an Order to Show Cause to the Judge giving the judge and opportunity to response to the Hearing Panels Findings and Recommendations. 3. The Court may require oral argument 4. The Court can accept, reject or modify, the J.Q.C.'s recommendations, but in the ordinary course gives great deference to the J.Q.C. VI. REVIEW OF RECENT CASES. A. Cases resulting in removal. 1. In re Garrett, 613 So. 2d 463 (Fla. 1993), the court held that knowingly shoplifting requires removal from office. 2. In re Hapner, 718 So.2d 785 (Fla. 1998), the court held judge's removal from office warranted for neglecting clients while running for office, giving misleading testimony in domestic violence proceeding, and failing to comply with court order in dissolution proceeding. 3. In re Ford-Kaus, 730 So. 2d 269 (Fla. 1999), the court said clear and convincing evidence supported removal from office when as lawyer running for office, she lied to clients about status of their appellate brief, told them she had written the brief when it was written by another lawyer, falsified time records, and intentionally inserted a false certification as to the certificate of service.
7 4. In re Graziano, 696 So. 2d 744 (Fla. 1997), the court held that judge's involvement in hiring and subsequent efforts to obtain raises and promotions for close personal friend and business associate, her entry into another judge's courtroom during an evidentiary hearing and demanding the court reporter move her car from judicial assistant's parking spot, and use of threatening or insulting language when dealing with court employees warrants removal from judicial office, in view of earlier misconduct warranting public reprimand. 5. In re Johnson, 692 So. 2d 168 (Fla. 1997), the court held judge's knowing and repeated acts of falsifying public records by backdating pleas accepted in DUI cases warranted removal even though had unblemished judicial record. 6. In re Shea, 759 So. 2d 631 (Fla. 2000), the court upheld removal from office based on judge's improper contact with two attorneys and intimidating them into withdrawing from client's case. 7. In re McMillan, 797 So. 2d 560 (Fla. 2001), the court upheld removal for improper campaign activity and improperly presiding over bond hearing where the judge had been witness to traffic offense. 8. In re Henson, 913 So. 2d 579 (Fla. 2005), the court accepted recommendation of removal based on findings after trial that he practiced law after becoming a judge and advised a client to flee jurisdiction while criminal charges pending. 9. In re Renke, 933 So. 2d 482 (Fla. 2006), the court held removal was appropriate for campaign misrepresentation and receipt of improper campaign contribution from judge's father. 10. In re Sloop, 946 So. 2d 1046 (Fla. 2006), the court ordered removal (JQC had recommended suspension and fine) for continuing to hold people in jail for failure to appear for traffic fine after finding out people had received notice to appear in the wrong courtroom. 11. In re Turner, 76 So.3d 898 (Fla. 2011). The Hearing Panel found that Judge Turner had violated campaign financing laws for failing to disclose a loan from his mother. That loan led to her condo being foreclosed. He entered an appearance on her behalf and acted as her lawyer, resulting in another canon violation. He was also found to have taken an unhealthy interest in a clerk. The Supreme Court held that removal was the appropriate sanction. B. Case resulting in suspension and/or fine.
8 1. In re Wilson, 750 So. 2d 631 (Fla. 1999), the court upheld a 10- day suspension where judge concealed her knowledge concerning a petit theft. Judge was also required to undergo alcohol counseling program. 2. In re Holloway, 832 So. 2d 716 (Fla. 2002), the court upheld a 30 day suspension for inappropriate remarks and behavior in front of other judges as well as giving misleading testimony at deposition. 3. In re Rodriguez, 829 So. 2d 857 (Fla. 2002), the court upheld a 45 day suspension, large fine and public reprimand for acceptance of $200,000 loan during campaign and failure to properly report the loan. 4. In re Kinsey, 842 So. 2d 77 (Fla. 2003), the court upheld $50,000 fine for various campaign violations. 5. In re Diaz, 908 So. 2d 334 (Fla. 2005), the court accepted stipulation resulting in reprimand, 14 day suspension without pay and $15,000 fine in sending anonymous to another county court judge which could be construed as implied threat of group retaliation for judge reporting illegal immigrants to federal authorities. 6. In re Pando, 903 So. 2d 902 (Fla. 2005), the court accepted stipulation including reprimand and $25,000 fine for improperly accepting loan from relative of $25,000 and by making false reports and making misleading statements to JQC in violation of campaign finance laws and Canons 1, 2, and 7 of the Code of Judicial Conduct. 7. In re Baker, 22 So.3d 538 (Fla. 2009) (Table), the court accepted stipulation including a public reprimand and a fine of $25,000 for campaign materials that pointed out that her opponent's supporters included criminal defense lawyers, concluding with the phrase, "What are they trying to buy?" 8. In re Colodny, 51 So.3d 1030 (Fla. 2010), the court accepted a stipulation including a reprimand and $5,000 fine for improperly characterizing a loan from her father as campaign contributions in excess of the $500 limit and failing to adequately disclosing the loan on required disclosure forms. C. Cases resulting in public reprimand.
9 1. In re Richardson, 760 So. 2d 932 (Fla. 2000), the court held using inappropriate comments designed to get favored treatment after arrest on solicitation of prostitution justified public reprimand. A jury had found the judge not guilty of the criminal charge in a trial. 2. In re Haymans, 767 So. 2d 1173 (Fla. 2000), the court held pattern of rudeness and disrespect towards lawyers, parties, witnesses, and court personnel warranted suspension. 3. In re Newton, 758 So. 2d 107 (Fla. 2000), the court held abusive, demeaning, and sarcastic remarks to litigants, witnesses, and attorneys warranted public reprimand. 4. In re Luzzo, 756 So. 2d 76 (Fla. 2000), the court held acceptance of free professional baseball tickets from law firm appearing in front of judge deserved public reprimand. 5. In re Schwartz, 755 So. 2d 110 (Fla. 2000), the court held discourteous and abusive behavior during oral argument mandated public reprimand. The court noted that judge had repeated warnings from JQC regarding his conduct. 6. In re Cope, 848 So. 2d 301 (Fla. 2003), the court held intoxication and inappropriate sexual advances at out of state judicial conference warranted public reprimand. 7. In re Andrews, 875 So. 2d 441 (Fla. 2004), the court held inappropriate statements to reporter regarding party in case over which judge was presiding which evidenced bias against party warranted public reprimand. 8. In re Angel, 867 So. 2d 379 (Fla. 2004), the court held engagement in prohibited partisan politics during election campaign for judgeship warranted public reprimand. 9. In re Schapiro, 845 So. 2d 170 (Fla. 2003), the court held inappropriate behavior in courtroom unbecoming of member of the judiciary warranted public reprimand and psychological counseling. 10. In re Allawas, 906 So. 2d 1052 (Fla. 2005), the court held based on stipulation that public reprimand for delay in ruling on cases was appropriate. 11. In re Maloney, 916 So. 2d 786 (Fla. 2005), the court upheld stipulated reprimand based on misuse of office by interceding to have
10 son's friend released from jail. For similar fact, see In re Maxwell. 994 So. 2d 974 (Fla. 2008). 12. In re Adams, 932 So. 2d 1025 (Fla. 2006), the court upheld JQC recommendation of reprimand for county judge having sex with attorney appearing before him. No evidence affected any case or action of the judge. 13. In re Downey, 937 So. 2d 643 (Fla. 2006), the court accepted stipulation of reprimand and judge's assurance not to run again by viewing pornography and sexual harassment where the judge had prior clear record and would only serve 8 more months. Judge also required to sign letter of apology to other judges and the woman he harassed. 14. In re Woodard, 919 So. 2d 389 (Fla. 2006), the court accepted stipulated reprimand and anger management for campaign violations, discourteous behavior, and setting inappropriately high bonds. 15. In re Aleman, 995 So.2d 395 (Fla. 2008), the court upheld a recommendation of a reprimand where the judge held the threat of contempt over the defense lawyers in a contentious trial in which the lawyers repeatedly sought the judge's disqualification. 16. In re Maxwell, 994 So.2d 974 (Fla. 2008), the court accepted a stipulation for a reprimand where the judge had released the sister of a former law partner from jail without a first appearance and without contacting the State, on a battery charge that occurred while she was on felony probation. 17. In re Bell, 23 So. 3d 81 (Fla. 2009), the court accepted stipulation for judge abusing judicial power by ordering arrest of wife, a domestic violence victim, based on probable cause affidavit for husband where neither police or husband sought arrest. 18. In re Henderson, 22 So. 3d 58 (Fla. 2009), the court accepted stipulation for judge creating the appearance of impropriety by having ongoing relationship with person with extensive criminal history. 19. In re Dempsey, 29 So.3d 1030 (Fla. 2010) the court accepted a stipulation for an inadequate disclosure on campaign materials. 20. In re Barnes, 2 So. 3d 166 (Fla. 2009), the court upheld judicial qualifications recommendation of reprimand where judge improperly acted outside of judicial function by criticizing fellow sitting judges.
11 Judge failed to follow proper channels for addressing alleged misconduct of other judges. 21. In re Allen, 998 So. 2d 557 (Fla. 2008), the court upheld reprimand where judge's concurring opinion and personal attack on a fellow judge was motivated by ill will. 22. In re Eriksson, 36 So.3d 580 (Fla. 2010), the Hearing Panel recommended a public reprimand for revoking the bond of a defendant who sought to file a motion to disqualify the judge and for failing to accord pro se citizens seeking domestic violence injunctions an appropriate hearing. 23. In re Singbush, 93 So.3d 188 (Fla. 2012). The Investigative Panel has reached a stipulation with Judge Singbush for a public reprimand and a public apology for habitual tardiness to court. 24. In re Nelson, 95 So.3d 122 (Fla. 2012). Judge Nelson received a public reprimand fordriving under the influence. 25. In re Cohen, 99 So.3d 926 (Fla. 2012). Judge Cohen inappropriately called his wife as a witness in response to a Motion to Disqualify, based on the attorney opposing his wife in her failed judicial election bid. The Supreme Court imposed a public reprimand. 26. In re Shea, 110 So.3d 414 (Fla 2013). Judge Shea received a public reprimand for rude behavior towards litigants and lawyers. D. Cases resulting in admonition. 1. In re Baker, 813 So. 2d 36 (Fla. 2002), the court upheld admonition for non-malicious ex parte communication with independent expert. E. Pending Public Cases. 1. In re Cohen, SC Judge Cohen commented upon a pending case in a public forum and publically denigrated law enforcement and the State Attorney's Office on the record in criminal cases. This matter is before the Supreme Court upon a Stipulation for a public reprimand.
12 2. In re Hawkins, SC Judge Hawkins was tried before the Hearing Panel upon allegations of running a business out of her judicial chambers, intimidation of attorneys appearing before her, and destruction of evidence during the J.Q.C. proceedings. 3. In re Watson, SC Judge Watson was subject to a Florida Bar complaint for which probable cause was found for improper settlement and distribution of attorneys fees. The matter is pending before the Hearing Panel. F. Cases in which resignation has occurred after the filing of Formal Charges. 1. In re Blackstone, 776 So.2d 275 (Fla. 2000) (Table). It was alleged that the Judge had improper ex parte contact concerning juvenile defendants. 2. In re DeLaroche, 954 So.2d 1155 (Fla. 2007) (Table). It was alleged that Judge DeLaroche dismissed a series of traffic citations for family and friends. 3. In re Hauser, 969 So.2d 1013 (Fla. 2007) (Table). Judge Hauser was alleged to have made an inappropriate sexual advance toward a law student he teaching and exhibiting erratic and abusive behavior on the bench. The Commission agreed to dismiss case upon his agreement to neither serve as a senior judge nor seek future judicial office. 4. In re Stringer, 12 So.3d 752 (Fla. 2009) (Table). It was alleged that Judge Stringer entered into a relationship with an exotic dancer. He set up bank accounts to shield money from her creditors. He later pled to a misdemeanor in federal court and was disbarred for 5 years. The Commission agreed to dismiss case upon his agreement to neither serve as a senior judge nor seek future judicial office. 5. In re Gardiner, 37 So.3d 847 (Fla. 2010) (Table). While presiding over a death penalty case, Judge Gardiner entered into a relationship with the prosecutor. While the case was pending they exchanged 1450 phone calls and text messages. The Commission agreed to dismiss case upon his agreement to neither serve as a senior judge nor seek future judicial office.
13 6. In re Eriksson, 36 So.3d 580 (Fla. 2010) (Table). Judge Eriksson, in an effort to collect unpaid court costs, imprisoned defendants without due process or regard to ability to pay. His decisions were routinely overturned on appellate review; however he persisted in using the some procedure. The Commission agreed to dismiss case upon his agreement to neither serve as a senior judge nor seek future judicial office. 7. In re Hawkes, 81 So.3d 414 (Fla. 2012) (Table). Judge Hawkes, in association with the building of the 1st DCA was alleged to have attempted to have a vendor supply him with a free trip, used his law clerk to assist his son with a brief before the Supreme Court and to have acted intemperately towards court personnel. 8. In re Pando, 109 So.3d 781 (Fla. 2013) (Table). Judge Pando, a county judge, wrote to the Division of Elections on judicial stationary on behalf of a friend who inadvertently dissolved a corporation. Investigation revealed that the friend, as well as others, made improper financial contributions to her campaign.
Battered Women's Legal Advocacy Project, Inc. Filing Complaints Against Judges This technical assistance packet addresses the problem of how and when to file a complaint against a judge. It is meant to
Inquiry Concerning A Florida Lawyer This pamphlet provides general information relating to the purpose and procedures of the Florida lawyer discipline system. It should be read carefully and completely
California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY
ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
This information has been prepared for persons who wish to make or have made a complaint to The Lawyer Disciplinary Board about a lawyer. Please read it carefully. It explains the disciplinary procedures
Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for
Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals 1. What are the criminal bars for deferred action? In addition to a number of other requirements, to qualify for deferred
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
SUPREME COURT, APPELLATE DIVISION FIRST JUDICIAL DEPARTMENT Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices. ---------------------------------------x
SUPREME COURT OF WISCONSIN 2015 WI 38 CASE NO.: COMPLETE TITLE: 2014AP2906-D In the Matter of Disciplinary Proceedings Against Jon Evenson, Attorney at Law: Office of Lawyer Regulation, Complainant, v.
The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes
Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018
Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program Office: Name of Beginning Lawyer: Bar No. Name of Mentor: Bar No. MODEL MENTORING PLAN OF ACTIVITIES AND EXPERIENCES FOR STATE
MISSOURI S LAWYER DISCIPLINE SYSTEM Discipline System Clients have a right to expect a high level of professional service from their lawyer. In Missouri, lawyers follow a code of ethics known as the Rules
SUPREME COURT OF WISCONSIN 2014 WI 48 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Geneva E. McKinley, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Geneva
Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit
KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
2005 WI 102 SUPREME COURT OF WISCONSIN CASE NO.: 2005AP838-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Joseph Engl, Attorney at Law: Office of Lawyer Regulation, Complainant, v.
A BRIEF DESCRIPTION OF MICHIGAN S ATTORNEY DISCIPLINE SYSTEM HISTORY Michigan s system for attorney discipline has existed in its current form since 1978. With the creation of the State Bar of Michigan
If/ehJ~ TO PENNSYLVANIA'S COURTS ThiS guide is intended to acquaint you with Pennsylvania's judicial system. It provides an overview of how our courts are organized and the kinds of work they do. We hope
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
GROSS, C.J. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. D.B.D., the father, Appellee. No. 4D09-4862 [August 25, 2010]
Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility
The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed
As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions
OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce
RULES FOR LAWYER DISCIPLINARY ENFORCEMENT OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA December 1, 2015 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA RULES
NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 130903-U NO. 4-13-0903
Rule 214. Attorneys convicted of crimes. (a) An attorney convicted of a [serious] crime shall report the fact of such conviction within 20 days to the [Secretary of the Board] Office of Disciplinary Counsel.
Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative
SUPREME COURT OF WISCONSIN 2013 WI 36 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Joseph M. Engl, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Joseph M.
2012 WI 48 SUPREME COURT OF WISCONSIN CASE NO.: COMPLETE TITLE: 2011AP778-D In the Matter of Disciplinary Proceedings Against Aaron J. Rollins, Attorney at Law: Office of Lawyer Regulation, Complainant,
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2013 Term No. 12-0005 FILED January 17, 2013 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA LAWYER DISCIPLINARY
Ethics in Judicial Elections A guide to judicial election campaigning under the California Code of Judicial Ethics This pamphlet covers the most common questions that arise in the course of judicial elections.
Departmental Disciplinary Committee Supreme Court, Appellate Division First Judicial Department 61 Broadway (212) 401-0800 (212) 287-1045 FAX HOW TO FILE A COMPLAINT INTRODUCTION When you hire a lawyer
Central LHIN Governance Manual Title: Whistleblower Policy Policy Number: GP-003 Purpose: Originated: September 25, 2012 Board Approved: September 25, 2012 To set out the LHIN s obligations under the Public
CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS The City of Edmonds ( City ), Washington, is requesting proposals from well qualified attorneys interested in providing legal representation
IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT RENE C. LEVARIO v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 11/23/2010 TRIAL JUDGE: HON. ROBERT P. KREBS COURT FROM WHICH APPEALED: JACKSON COUNTY
Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations
DIVISION 11. CITIZEN REVIEW BOARD Sec. 2-2201. Establishment of the Atlanta Citizen Review Board. Sec. 2-2202. Appointment of members. Sec. 2-2203. Composition of board. Sec. 2-2204. Time limit on appointments.
COURT OF APPEALS DECISION DATED AND FILED August 28, 2008 David R. Schanker Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in
NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES LORI FLUEGEL ASSISTANT PROSECUTING ATTORNEY JACKSON COUNTY OBJECTIVES UNDERSTANDING OF THE CRIMINAL AND CIVIL PROCESS OF CHILD
2014 IL App (1st) 120762-U No. 1-12-0762 FIFTH DIVISION February 28, 2014 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting
Filing # 37254035 E-Filed 02/01/2016 03:02:11 PM BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION INQUIRY CONCERNING A JUDGE, THE HONORABLE JOHN LAKIN No. 15-524 / SC16- NOTICE OF FORMAL CHARGES RECEIVED,
SUPREME COURT OF WISCONSIN 2012 WI 123 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Thomas E. Bielinski, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Thomas
A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES Chapter 337-A: PROTECTION FROM HARASSMENT Table of Contents Part 12. HUMAN RIGHTS... Section 4651. DEFINITIONS... 3 Section 4652. FILING OF COMPLAINT; JURISDICTION...
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY President Judge General Court Regulation No. 2005-05 In Re: Amendment, Adoption and Rescission of Philadelphia
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary
Standards and Requirements for Specialist Certification and Recertification The following are Standards and Requirements for Certification and Recertification of lawyers as Criminal Law Specialists. The
INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS 1.1 Purpose of Lawyer Discipline Proceedings The purpose of lawyer
CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:
SUBCHAPTER IX. PRETRIAL PROCEDURE. Article 48. Discovery in the Superior Court. 15A-901. Application of Article. This Article applies to cases within the original jurisdiction of the superior court. (1973,
DORCHESTER COUNTY, MARYLAND Fiscal Policies and Procedures Fraud, Waste & Abuse Adopted August 11, 2009 SECTION I - INTRODUCTION The County Council of Dorchester County, Maryland approved on August 11,
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) AInjury@ is harm to
HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by
OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont
LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal proceedings in the Second Judicial District Court. This
What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power
SUPREME COURT OF WISCONSIN 2012 WI 122 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Naomi E. Soldon, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Naomi E.
COMMUNITY PROTOCOL FOR DOMESTIC VIOLENCE CASES PURPOSE: The County Attorney, Sheriff, Police Chief, Court Service Officer and DV Agency have mutually agreed upon this community protocol to encourage the
Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA BARBRA R. JOYNER, Appellant, CASE NO.: 2012-CV-000003-A-O Lower Case No.: 2010-CC-010676-O v. ONE THOUSAND OAKS, INC.,
T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared
Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street
YOUR RIGHTS AT TRIAL You have certain rights once your case is set to go to trial. Prior to entering a plea, you have the option to view all documents in your case, excluding those documents ordered withheld
Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves
LAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS Worksheet Q is intended to facilitate a discussion about a lawyer s obligation to report lawyer misconduct
BOARD OF PROFESSIONAL CONDUCT OF THE SUPREME COURT OF OHIO PREHEARING INSTRUCTIONS For the purpose of facilitating disciplinary hearings and related proceedings that are conducted pursuant to Rule V of
GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes
NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule