Without an Attorney, Boy Falters Before Judge

St. Petersburg Times ^ | 5/28/02 | Kathryn Wexler

[Catspaw]

You're welcome. I do expect, when this complaint gets before the Judicial Review Board (or whatever it's called in Florida) that the Board will pull all this judge's cases to see if he's done it before. This is taking judicial expediency to the nth degree, and in the meantime, the judge trampled over the kid's fundamental constitutional rights. What the judge was supposed to do is to first ascertain whether the kid was unrepresented, inquire as to whether he wanted to represent himself; if no, he's supposed to make a referral to the Public Defender's office and the judge reschedules the hearing. If yes, he has to go through an in-depth questioning of the kid on whether the kid has the ability to represent himself. What does surprise me is that judge didn't contact the attorney of record and make him hustle his butt to the courtroom to continue his representation of the kid whether he liked it or not, whether he was paid or not.

There really is no excuse. Despite the judge's relative inexperience on the bench, this is Law School 101, basic Intro to Criminal Law. Not only that, unless Florida is different from most states, after a judge is appointed or elected to the bench, he or she goes to Judge School. And, like any other judge, he has a Judicial Handbook within reach (either on the bench, in his chambers, or in the courthouse law library) to find out what to do in circumstances like this, all neatly indexed.

[FreePaul]

What make you think that this judge deserves any respect?

[mdittmar]

I'm a little slow tonight.

St. Petersburg Times;...when Gov. Jeb Bush appointed him to the bench in November 2000.

They can't get over the election of 2000 can they.

[FreePaul]

Despite the judge's relative inexperience on the bench,...

Ignorance of the law is an excuse only if you are a judge, prosecutor, police officer or some other person on the government payroll.

[Catspaw]

In this case, I doubt if ignorance of the law is going to be excused. You might want to review my previous post and the judge's mistake #3.

[mrfixit514]

In the words of Harry Callahan: "I'm all broken up about this man's rights."

[sarasmom]

The "kid" was convicted of stealing the car in a previous proceding. He had a lawyer then. Obviously he, or his guardian chose not to procure the services of a lawyer for the penalty phase.

Your letter of the law interprtation of events here does not in any way resemble justice IMHO.Justice for whom? The victim or the adjudged guilty perpetrator? There comes a point when even lawyers, must believe they should be the first ones killed, for the continued existance of a rational society, supposedly committed to justice for all, not just the clients of lawyers.

[FreePaul]

It would be a pleasant surprise if any action against this judge consisted or more than a sharply worded "don't get caught doing it again". His mistake of behaving in this manner with a reporter in the room is the only reason that this is getting any publicity. You're right. That could be his biggest mistake.

[HighWheeler]

I smell something:

"Restitution hearings are routine and are rarely covered by the press. A reporter for the St. Petersburg Times chanced upon Elias' hearing. His mother later gave a tape recording of the proceeding to the reporter."

Sure you did. Then this:

"...when Gov. Jeb Bush appointed him to the bench in November 2000."

then this is thrown in:

"He had no judicial experience before his appointment."

In 2002, this is the start of a lot of crack investigative journalism. Forget any IJ on a Dim however, only Repubs are ever under scrutiny.

[HighWheeler]

"This is taking judicial expediency to the nth degree, and in the meantime, the judge trampled over the kid's fundamental constitutional rights. "

Well I don't know how you arrived at that conclusion. The reporter seems to intentionally left out of the report any pertinent information to back your mere conjecture. The parts left out of any report slamming a Repub will always be the most interesting.

[Hot Tabasco]

"I'm like, dang. The way they speak and the way they put their words, I don't understand

Oyea, estupido! Tu ozo mucho donero! $4,608.94

[mdittmar]

"I'm like, dang. The way they speak and the way they put their words, I don't understand

More like;

"I'm like, dang.I {more likely my momma} actually have to pay for my actions,dang.

[Torie]

This verdict or whatever it is will be bounced in a hurry.

[Amelia]

Awww... our public edukayshin system at work...

Read the article. The kid dropped out of school.

[marshmallow]

There are restaurants you can't get into with a shirt.

There are some you can't get into without a shirt. So what?

We're discussing due process in a court of law, not access to private property.

[Nitro]

No, calamari!!