Saturday, March 20, 2010
Thursday, March 11, 2010
Thank goodness for good law professors who make certain the next generation of attorneys is gooder than the last.
First we had Perfessor David Rowe, who first came to our attention here. "Specializing" in "criminal defense", the Good Perfessor offers hope to the accused. Never no mind he lost the beauty contest to represent the accused, to some other guy. I am sure that is not causing him to make statements like the following. Heck, I'd give my left nut to be quoted in CHAT!
"I see his chances as begin very low. He is on video offering cocaine for sale. I don't think the entrapment argument has a great deal of effort," Rowe told Chat! yesterday."
And I don't think effort is a great deal, cocaine.
Not to be outdone, Bobby Jarvis over there at Nova is quotable, at least to the Palm Beach Post. After all, he is listed in "Who's Who in the World." And not everyone can say that.
Anyhoo, after Johnny K. did the right thing and apologized for allegedly flashing his judge badge and yelling at a FHP Trooper, Professor Bob had this to say about recusal:
"There are no real rules. It is up to each judge," Jarvis said. "Judges don't have to explain why they do or don't in particular instances recuse themselves."
Professor Bobby apparently forgot about the procedure for filing disqualification motions for civil and criminal cases, in rule 2.160 of the Florida Rules of Judicial Administration. Or that a statute relating to judicial disqualification exists, F.S. [sections] 38.10, the requirements of which are consistent with rule 2.160 and should be satisfied by counsel. Additionally, Fla. Code Jud. Conduct Canon 3E(1) sets forth a nonexclusive list of instances in which a judge must disqualify himself or herself from a case in which the judge's "impartiality might reasonably be questioned." Or that a motion to disqualify must be in writing and "specifically allege the facts and reasons" relied on to show the basis for disqualification. See Fla. R. Jud. Admin. 2.160(c). The motion must be sworn to by the "party" by signing the motion under oath or by a separate affidavit. Counsel for the party seeking disqualification must also separately certify that the motion and his or her client's statements contained therein are made in good faith.
Rule 2.160(d) sets forth the following bases for a disqualification motion, at least one of which must be shown in the motion....Oh hail, never mind. The judge is just going to make it up as she goes along.
N.B. There really is a Who's Who in the World. Not that I'd ever want to be a part of any group that would have me.