Terri Schiavo update: Judge Baird's is OFF case.

Hospice Patients Alliance ^ | 1-5-04 | Ron Panzer

[cpforlife.org]

This is a Hospice Patients Alliance Special Update Jan 5, 2004, sent out periodically to inform the public about news affecting hospice and end-of-life care.

We have just confirmed that ALL of Judge Baird's cases, INCLUDING the suit by Michael Schiavo v Gov Bush related to the Terri's Law, challenging its constitutionality, HAVE been transferred to Judge Nelly Khouzam. This information came directly from Judge Khouzam's assistant. Judge Khouzam is known to be a "by the book" tough, but fair judge.

For a little about Judge Khouzam see:

"Diminutive judge sits tall behind the gavel" Northpinellas St Petersburg Times 12/29/2002 http://www.sptimes.com/2002/12/29/NorthPinellas/Diminutive_judge_sits.shtml

The court is NOT explaining why the judges were suddenly switched, except to say that "judges rotate from time to time." We believe it might have something to do with:

Local PINELLAS COUNTY COURT BAILIFFS AND COURT EMPLOYEES WERE TAKING BETS ON WHETHER TERRI WOULD DIE OR NOT!!!

It was widely reported that Judge Baird made reckless and prejudicial comments in support of Greer and Felos and against Jeb's lawyers way before he had heard the evidence from the Governor's attorneys.

In other words, Judge Baird's comments are the likely reason local Pinellas County employees were doing "inside betting" that the local Pinellas County Judges would back each other's poor and constitutionally illegal decisions against Terri's constitutional rights and thus overrule Jeb Bush and Terri's Law. The 6th Circuit Judges are upset to have anyone tell them they are morally and legally wrong...... whether it's constitutionally illegal or not to murder Terri.

Conducting inside betting on the case is a severe violation of the code of conduct for court employees! Whether that is, or is not, the reason the judges have been switched, the very important change in judge can be extremely significant to what happens to Terri. We are hoping that Judge Khouzam will give the Gov a fair hearing in the case and allow the discovery he sought (which was denied by Baird). If Judge Khouzam allows some discovery as requested by Gov Bush, it could make all the difference!

You heard it hear first!

Ron Panzer President, Hospice Patients Alliance http://www.hospicepatients.org

[cpforlife.org]

This is an e-mail which was forwarded to me from Debi director of Children of God for Life

She has been instrumental in the case.

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[T'wit]

Baird was godawful. This can't be worse, might be far better, so -- hooray!

[dandelion]

BUMP!!!

[cpforlife.org]

Sorry about title.

It should read:

"Terri Schiavo update: Judge Baird is OFF case."

[cpforlife.org]

Terri PING….
Please let me know if you want on or off my Pro-Life Ping List.

[HuntsvilleTxVeteran]

I like the original title.
I was thinking his brain was off.

[syriacus]

Thanks for the update!! I'm hoping this is another positive turn of events for Terri.

[BushCountry]

This is great! I just hope it doesn't prove the old adage, "Be careful what you wish for!"

However, I agree with, there is a very good chance that this is helpful to her cause, which of course is staying ALIVE and getting TREATMENT!

[msmagoo]

Great news! She has a reputation for being fair, a quality she will hopefully put to good use in the Schiavo case. She was also named Jurist of the Year in 2002.

(09-23-02)
Jurist of year says be 'up front and honest' in court

Aja Whitaker
Staff Writer
CLEARWATER — Judge Nelly Khouzam urges the public not to believe everything they see on television, especially with regard to courtroom dramas.

She also hopes that high-profile cases that generate extensive media attention do not erode faith in a judicial system that some have lost confidence in throughout recent years.

The soft-spoken native of Egypt sits on the bench in the criminal division of the Sixth Judicial Circuit of Florida in Clearwater. Khouzam imposes strict rules about courtroom procedure and behavior but said she does not raise her voice while serving as a criminal administrative judge and a judge for habitual offenders.

"I hope to continue working hard and trying to dispense justice in a fair manor," said Khouzam. "It is an awesome responsibility we judges have. Once you have this black robe around you, you have to be careful."

Taking individual responsibility seriously while maintaining high industry standards can help elevate the profession as a whole, she said.

The American Board of Trial Advocates recently recognized Khouzam for career achievements and named her Florida Jurist of the Year. Membership in the organization is obtained by invitation only, and the jurist of the year honor goes to a member with an understanding of issues and experience in handling complex litigation.

The award winner also must have completed 20 jury trials in civil litigation.

"In civil cases, because of the complexity of issues, it makes sense to settle the cases," she said. "A lot of people can't get to that number."

The American Board of Trial Advocates is comprised of an equal number of trial lawyers representing plaintiffs and defendants.

Khouzam was "humbled" by the statewide award that followed a nomination from the organization's Tampa chapter and a unanimous vote from Florida's 11 chapters. Prior to her appointment to the bench in June 1994, Khouzam was the only female member in the Tampa chapter.

Khouzam, along with six other felony judges, carries an average caseload of 900 pending cases per year and has a typical 30-page morning calendar of 60 cases.

To maintain order and ensure that cases are dealt with efficiently and fairly, Khouzam set guidelines for lawyers in her courtroom.

She asks that all parties be on time and refuses to entertain negotiations on the morning of a trial. Each lawyer is asked to follow an argument, response and reply sequence to eliminate unnecessary discussion.

Before becoming a judge, the University of Florida College of Law graduate was a staff attorney with the Florida Second District Court of Appeal in Lakeland, a shareholder at Fowler White Boggs Banker PA in St. Petersburg and a partner at Silberman & Khouzam PA in Clearwater, a firm she started with her husband.

When she is not handing out rulings and dispensing justice, Khouzam spends time with her husband, Morris Silberman, who also is a judge, and their 4-year-old daughter.

Khouzam's advice to young lawyers is simple: Be prepared and be honest.

"They need to work very hard to maintain their professionalism," she said. "All too often people get involved in difficult cases and you have to maintain your credibility. Judges won't remember whether you won or lost, but they will remember whether or not you were prepared. There is nothing wrong with a young lawyer saying, 'I don't know' or 'I will try to look into it.' Be up front and honest."

[dandelion]

IMPORTANT INFO!!!

Judge Nelly Khouzam is married to Judge Morris Silberman of the Second District Court of Appeals!!!

http://216.239.37.104/search?q=cache:R7N897pmJ_kJ:www.flabar.org/DIVCOM/JN/JNNews01.nsf/0/2a7422ec2e784cf385256c0c006ddfff%3FOpenDocument+khouzam+guardian&hl=en&ie=UTF-8

How does this possibly affect the case?

---SNIP---

Morris Silberman
BIRTHDATE: September 16, 1957
BIRTHPLACE: Philadelphia, PA
SPOUSE: Nelly N. Khouzam
CHILDREN: One
DEGREES: J.D., University of Florida College of Law, 1982; B.A., Philosophy and Political Science, Tulane University, 1979.

LEGAL OFFICES & POSITIONS: Judge, Second District Court of Appeal, 2001-present. Private practice: Morris Silberman, P.A., Clearwater, 1988-00; Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A., Clearwater, 1986-88; DeManio, Harrison & Associates, Sarasota, 1984-86; senior law clerk to Honorable Herboth S. Ryder, Second District Court of Appeal, 1982-84.

BAR OFFICES & ACTIVITIES: The Florida Bar: Board of Governors, 1996-00; Budget Committee, 1998- 01, chair 1999-00; Grievance Mediation Committee, 1997-00, chair, 1998-99; Election Reform Special Committee, 1998-00, chair, 1999-00; Member Benefits Program, 1997-00, chair, 1997-98; Executive Committee, 1998-00; Communications Committee; Special Committee on Merit Selection and Retention; Program Evaluation Committee; Discipline Review Committee; Access to Legal System; Liaison to: Appellate Practice & Advocacy Section; Rules of Judicial Administration Committee; Voluntary Bar Liaison Committee. Current Committee Memberships: Judicial Administration, Selection and Tenure Committee, vice chair, 2002- 03; Appellate Court Rules Committee; Rules of Judicial Administration Committee; Second DCA Liaison to: the Executive Council of the Appellate Practice Section of The Florida Bar; the Real Property, Probate, and Trust Law Section of The Florida Bar.

Other Committee Activities: Sixth Judicial Circuit Grievance Committee; Business Litigation Committee;

Sixth Circuit Committee for Florida Bar President's Pro Bono Service Awards, chair, 1997-99;

Civil Appellate Practice Committee;

Civil Procedure Rules Committee;

Financial Institutions Committee;

Sixth Judicial Circuit Pro Bono Committee.

The Clearwater Bar Association: president, 1993-94; president-elect, secretary, director, 1989-95; editor of association newsletter.

Chair: Professionalism Committee;

Independence of the Judiciary Committee;

Appellate Law Committee; Judicial Poll Committee;
treasurer, Young Lawyers Section; trustee, Clearwater Bar Foundation; vice chair, Bench and Bar Liaison
Committee; Sixth Judicial Circuit Professionalism
Committee; Professionalism Implementation Procedures
Committee. Barney Masterson Inn of Court, 1991-94, 1996-98.

OTHER CIVIC ACTIVITIES:
Board of directors, Pinellas Youth Symphony, 1999-01;
board of directors, Leadership Pinellas, 1999-01;
chair, 1997 Youth Leadership Pinellas Selection Committee;

Development Council for the Upper Pinellas Association for Retarded Citizens Foundation, 1991-93;

Tulane University Alumni Admissions Committee, 1986-95;
Clearwater Chamber of Commerce, Phillies Committee, 1989-93;

member, The Cardozo Society of Pinellas County (lawyers association), 1995-present.

PUBLICATIONS:
Chapter: Pretrial Stipulations and Orders” in Business Litigation in Florida, published by The Florida Bar Business Law Section, 1991, 1994, 1998, 2000.

Continuing legal education materials for The Florida Bar:

Ethical Considerations Relating to the Representation of Clients in Real Estate Transactions, 1998;

Ethical Considerations and Conflicts Among Interested Parties, 1993, 1995, 1997;

Ethical Considerations in Representing a Land Trust and its Principals, 1991.

Co-author, Local Rules and Administrative Orders, 1989 Pinellas County Local Practice Handbook.

Lectured extensively on topics relating to litigation, ethics and professionalism.

[dandelion]

WEIRD CONNECTION/SCHIAVO LINK:

Judge Khouzam was a shareholder for Fowler White et al. before becoming judge. Fowler White et al. not only represented State Farm in the suit against Jay Wolfson;

http://www.sweetliberty.org/bulletins/terri/wolfson.htm

but one of their lead attorneys is a new member of the BOARD OF DIRECTORS for LIFE PATH HOSPICE in FLORIDA...

http://www.fowlerwhite.com/whatsnew/press-releases/june2_2003.shtml

---SNIP---

June 2, 2003, Tampa, FL

Cathy R. LeBeau, an attorney with the law firm of Fowler White Boggs Banker, has been elected to the Board of Directors of Life Path Hospice.

Ms. LeBeau practices in the firm’s Health Care Practice Group where she concentrates her practice in the area of health care litigation and representation of health care providers in matters involving anti-kickback laws, Stark, fee-splitting, patient brokering, False Claims Act, Medicare and Medicaid regulatory requirements, health care pricing, medical staff issues, informed consent, advance directives, medical records, HIPAA, EMTALA, mental health care, and physician practices.

Fowler White Boggs Banker is one of Florida's oldest and largest law firms with more than 180 attorneys in seven offices in Ft. Myers, Naples, Orlando, St. Petersburg, Tallahassee, Tampa and West Palm Beach.

---SNIP---

Interesting, no? We need to find out pronto if Judge Khouzam still has shares in Fowler White et al, or if any past association might influence her judgment on this matter. Is there no one in Pinellas County who is not influenced by Hospice?

[a5478]

I can't help but be heartened by the change. I think this is someone who is not attached to Felos and company. I am hoping this is the answer to prayer and activism.

[Mr. Silverback]

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

[trussell]

Since she is a female and a mother, maybe she will be more sympathetic to the female and parent side of this!!

Prayers for God's intervention!! Hopefully this is the answer to all our prayers.

trussell

[dandelion]

I'm with you on that one - I'm praying this will be a change for the better. I'm just not sure.

These connections are a little strange, and I'd like to know more about her associations with Fowler White et al. They are a little connected for my taste, but I leave that to those who know Pinellas better than I do...

[daylate-dollarshort]

I wouldn't get so excited. This is a normal rotation of judges.

Every Circuit Court in Florida rotates judges between divisions periodically. This is done by an Administrative Order by the Chief Judge, in this case The Honorable David A. Deemers, Chief Judge of The Sixth Judicial Circuit.

This change of judges has nothing to do with any misconduct, suspicion of predjudice or anything else out of the ordinary, rather it is the result of Administrative Order No. 2003-056 PI-CIR, which was signed and ordered on the 29th day of August, 2003.

[a5478]

Then hurray for normal cycyle of judges! I still don't think she is predisposed to rule against Terri Schiavo.

Could we have counted on the change all along?

[cpforlife.org]

PING

[daylate-dollarshort]

It was ordered back in August. If you knew about it then, you could have counted on it.

She might not be inclined to rule against Terri Schiavo but I wouldn't count on her not to rule against Governor Bush- THAT IS IF SHE HEARS THE CASE!!

Remember- the hearing has ALREADY been argued before Judge W. Douglas Baird. He announced that he would deliver hi opinion (verdict) after the Second District Court of Appeals ruled on other matters. He likely will indeed publish that decision.

[Cicero]

Good news. I doubt that the new judge will be all that fair, but she could not possibly be more corrupt than Baird. He is a total disgrace to the legal profession, worse than a tort lawyer.

[daylate-dollarshort]

hi= his

[a5478]

Does his ruling stand? Does she have authority to re-hear or re rule?

Thanks for the legalese info, by the way.

[Canticle_of_Deborah]

sounds promising to me.

[T'wit]

I'll take PLACES I'D LIKE TO LIVE for $400, Alex.

And the question is, what is "in a fair manor"?

:-)

[daylate-dollarshort]

The Administrative Order was effective January 1, 2004. The hearing before Judge Baird was submitted.

Judge Khouzam did not hear the case and has no ability to pass any judgment on the evidence and testimony presented by the parties.

The hearing, judicial process, was completed with the submission of the case to Judge Baird. In the interest of judicial economy, the State of Florida is big on judicial economy, I would not anticipate that there would be any re-hearing. Once Baird hands down his order, Judge Khouzam would be left without the ability to re-hear the case. An appeal to the Second DCA would be next. The Second DCA likely would certify the question and Bush could appeal directly to the Florida Supreme Court.

[TexasCowboy]

Thanks for the ping, cp.

Dear Lord, please let this be good news!
Waiting and praying..........

[pickyourpoison]

bump

[msmagoo]

Setback?
Conflicting reports circulating on Baird's replacement:

From Ron Panzer:

We have received conflicting information from the Sixth Judicial Circuit Court in Clearwater. This a.m. after being specifically asked if Judge Khouzam would take over the Terri's Law case of Michael Schiavo v Gov
Bush, Judge Khouzam's assistant said, EXACTLY:

"yes, Judge Khouzam is taking over all the cases Judge Baird had including the Terri's Law case."

After receiving reports denying that, we have RE-contacted the Court at 2 p.m. Eastern time, and Judge Baird's office says that Judge Baird is going to HOLD ONTO the Terri's Law case specifically. I guess it's too big a case for him to let go of, considering the implications of the case and the
agenda of the court as seen by Baird's prejudicial comments before getting the case.

Judge Baird's office specifically stated EXACTLY that,

"if Judge Khouzam's office told you that she [Khouzam] would be taking over the case, they were confused." "Judge Baird is keeping that case!"

We are disappointed that Baird will not release the case to Khouzam, and apologize for any confusion caused by sharing the mistaken information released by Judge Khouzam's office that Khouzam would take over the case.

We do not know why Judge Khouzam's office would specifically state that the Terri's Law case was to be taken over when it was not. It may be a simple mistake upon the part of Judge Khouzam's office, however, it does now appear Judge Baird will keep it.

Ron Panzer
for Hospice Patients Alliance

~~~~~~~~~~~~~~~~~~~~~~~~~

So - is there a tug-of-war going on in the background here? Given the improper comments made by Baird about the Schiavo case, and the employee "betting pool" on Terri's life - I think a shakeup is appropriate. Dump Baird!

[daylate-dollarshort]

Just as I posted above.

It has nothing to do with "I guess it's too big a case for him to let go of, considering the implications of the case and the agenda of the court as seen by Baird's prejudicial comments before getting the case." Judge Baird has already heard the case!!

Cases are NEVER turned over to a new judge once they have been heard or are in the process of being heard.

There is nothing extrordinary going on here....

[sweetliberty]

These b*st*rds are a sick lot, and as far as I'm concerned, as unamerican and unchristian as they come.

[Federalist 78]

It was widely reported that Judge Baird made reckless and prejudicial comments in support of Greer and Felos and against Jeb's lawyers way before he had heard the evidence from the Governor's attorneys.

Good news. I doubt that the new judge will be all that fair, but she could not possibly be more corrupt than Baird. He is a total disgrace to the legal profession, worse than a tort lawyer.

Somehow, somewhere along the way, the public is going have to demand the removal of corrupt judges. They are not gods.

[floriduh voter]

I received an email that Judge Baird WAS REMAINING ON THE CASE. Is Baird on or off? Anybody know for sure? Ron Panzer stated today that Baird REMAINS ON THE CASE.

[msmagoo]

"Cases are NEVER turned over to a new judge once they have been heard or are in the process of being heard." 1. Never say NEVER. 2. Misconduct is sufficient reason to remove the case from Baird's control. 3. Baird made his opinion public, before hearing both sides of the case...of course he wants to retain control, so he can tailor his verdict to support the flawed rationale of the Pinellas County hacks who distorted the law and ignored evidence in the first place.

[nickcarraway]

BUMP

[msmagoo]

"These b*st*rds are a sick lot, and as far as I'm concerned, as unamerican and unchristian as they come."

Let's hope Khouzam is one of the good ones! As a mother and a woman, surely Judge Khouzam will see MS for what he is - a heel, a cad, a liar and a cheating husband, who has put Terri's family through untold suffering and emotional torture for 10 years. A Human In Name Only who has escaped justice and sees himself as the 'victim' in the battle to kill Terri. Boo hoo for poor Mike. A woman can see through him in a heartbeat!

[floriduh voter]

EVENING UPDATE 1-5-2003 NOTE: Judge W Douglas Baird has BEEN the judge presiding over the case to determine whether or not Terri's Law is Constitutional or not. We cannot confirm whether he has been replaced on this specific case or not (till tomorrow) however, he HAS been replaced by Judge Khouzam on his cases generally speaking.

It is possible that Judge Baird would keep this case, unless the Chief Circuit Judge who made the change of appointments for the judges is allowing Baird to keep the case. We believe that under the circumstances, the appropriate thing is to completely remove Baird from the case, since he stated, before taking the case, that Terri's Law was presumptively Unconstitutional, therefore showing bias against the Governor and Terri's Law! We HAVE determined the following:

JUDGE KHOUZAM HAS MOVED TO JUDGE BAIRD'S OFFICE This can be confirmed by calling Judge Khouzam's old number at 727-464-6425 which now answers as Judge Baird's number. The recording also states that Judge Khouzam may be reached at 727-464-3232 Judge Baird's old number!

Judge Baird HAS been moved from the Circuit Civil Division to the Criminal Division on 49th Street. It is Chief Circuit Court Judge Demers that makes the court appointments for the judges, we are told.

Judge Nelly N. Khouzam has taken over Judge Douglas Baird's division and his cases in the 6th Circuit Civil.

FV SAYS: Good, that means that Baird will be at the same complex as our protests on Jan. 7th and 8th. He's still responsible for his actions THUMBING HIS NOSE AT GOVERNOR BUSH!

[nickcarraway]

Great News!

[Federalist 78]

BIG BUMP for that info!

[Federalist 78]

Check out #37

[Theodore R.]

For all we know this woman is a "Baird in skirts." Let's hope not. If she is "fair," then won't she have to allow the case to be tried in full? Of course, "fair" to a liberal means one thing and to a conservative quite another. What is her party affiliation? That may or may not mean anything in Pinellas Co., FL. Clearly though Baird was the judicial twin of George W. Greer and David Souter for that matter. So this change of judges may help; caution, I said "may." It could also be that all these judges have taken private oaths to uphold the supremacy of the judiciary in all cases where the judicial power is threatened by executive or legislative power.

[nickcarraway]

I see. I think it's too early to tell exactly what is going to happen. But this confudion doesn't help Michael Schiavo.

I am interested in the story about county employees betting on the case. Has anyone seen this stpry before. I wonder where it comes from?

[msmagoo]

Still waiting for more news.

Khouzam's assistant is under the impression Judge Khouzam has taken over all Baird's cases. According to daylate, this switch was in the works last year. The reports of an employee betting poll on Terri's life may relate to Baird's reassignment on cases he would normally retain control of until their conclusion.

Certainly any improprieties surrounding his comments and handling of the case would warrant his removal, even if Baird thinks they are insignificant. After all, this is the same bozo who refused to recuse himself for voicing his opinion that Terri's Law is "presumptively unconstitutional" even before he had seen Bush's response.

[floriduh voter]

We cannot confirm whether he has been replaced on this specific case or not (till tomorrow) however, he HAS been replaced by Judge Khouzam on his cases generally speaking. (From paragraph 1)

Probably a good idea to check www.baynews9.com periodically tomorrow.

[Theodore R.]

The reports of an employee betting poll on Terri's life

This reminds me of the corrupt Roman soldiers gambling for the wardrobe of Christ at the foot of the cross.

Ironically this "betting poll" could work to Terri's advantage. I suspect that the odds were running 10-1 against Terri in that "poll."

[floriduh voter]

A lot of attorneys have worked at Fowler White. They're pretty huge. I doubt if it's like Hillary and the Rose Law Firm. I worked in their office space for a sole proprietor. Fowler White's not a problem.

Her husband is not a problem. Any appeal could go to another court of appeal or hubby could recuse himself.

Khouzam had a Catholic upbringing which may have been mentioned previously but worth repeating.

[Federalist 78]

I am interested in the story about county employees betting on the case. Has anyone seen this stpry before. I wonder where it comes from?

Maybe floriduh voter knows?

[floriduh voter]

Jeb's counsel can do Motions that a new Judge could entertain. It's a whole new ballgame if Nelly K. takes over.

[floriduh voter]

It's breaking local through the grapevine re: courthouse employees. It's been sent to Governor Bush for his perusal.

[floriduh voter]

see 49.