Thread: Judge on spot for way he treats illegals

http://www.mercurynews.com/mld/miamiher ... 071669.htm

Posted on Sat, Mar. 11, 2006


BROWARD
Judge on spot for way he treats illegals
A Broward County judge says he followed the law when he turned in an illegal immigrant charged with traffic violations.
BY BETH REINHARD
breinhard@MiamiHerald.com

2

A Broward County judge on the shortlist for a promotion to Circuit Court has repeatedly asked traffic court defendants if they were here illegally, and in at least one case, turned over an illegal immigrant to law enforcement.

Several Hispanic attorneys and judges questioned whether Broward County Judge Lee Seidman broke rules governing courtroom procedure. And members of a judicial screening committee who put him on the shortlist said he misled them about his treatment of illegal immigrants.

Seidman denied any wrongdoing in a telephone interview on Friday.

In a March 24, 2003 hearing, Seidman reviewed the charges against Hilmer Morales: driving with a broken taillight and driving without a license.

''Have a seat,'' Seidman told the 22-year-old man, after Morales acknowledged through a translator that he was here illegally from Peru. ``You're ordered not to leave until you're checked in by the sheriff's office for the immigration issue.''

Judges are supposed to notify all defendants that pleading not guilty or no contest could lead to their deportation if they are not U.S. citizens, according to the Florida Rules of Criminal Procedure.

But the rules also suggest that defendants should not be asked about their citizenship. That's because the question could force them to incriminate themselves, in violation of the Fifth Amendment of the U.S. Constitution.

''You don't ask those questions,'' said Broward County Judge Robert W. Lee, a former president of the Broward Hispanic Bar Association. ``The rule says no. The case law says no. Whether you like it or not, you're supposed to be a neutral party, not law enforcement.''

Lee was one of several Hispanic attorneys and judges who raised questions about Seidman's conduct after The Miami Herald informed them about the March 24, 2003 hearing. The Judicial Qualifications Commission, which examines allegations of judicial misconduct and recommends disciplinary action, should be notified, said Ramon Abadin, past president of the Cuban-American Bar Association and a member of the Florida Supreme Court Standing Committee on Fairness and Diversity.

TAKING ADVANTAGE?

''This guy is taking advantage of defendants that don't speak the language and may not understand their rights, and that makes it even more egregious,'' Abadin said. ``If the defendant had shot his kids, it would be different, but on a traffic ticket?''

''This is very much a serious concern, and we believe this needs to be looked further into,'' said Hiram Montero, incoming president of the Broward Hispanic Bar Association.

Allegations that Seidman was turning in illegal immigrants surfaced in an e-mail from a phony Hispanic group more than two years ago. The sender turned out to be a colleague, County Judge Robert F. Diaz. The Judicial Qualifications Commission investigated, and Diaz was suspended for two weeks without pay and fined $15,000.

A few months before the e-mail incident, Seidman denied turning in illegal immigrants to then-president of the Broward Hispanic Bar Association, Catalina Avalos.

''I didn't have the name of a particular defendant, so as a board we decided we would take his word for it,'' recalled Avalos, who was recently appointed to the Broward County Court.

After hearing about Seidman's treatment of Morales, she said: ``He assured me that nothing like that was taking place. . . . I'm very surprised to hear about this.''

SCREENERS MISLED?

More recently, Seidman denied reporting illegal immigrants in an interview with a judicial screening committee that has made him one of six finalists for a Circuit Court post. Seidman's nomination is pending before Gov. Jeb Bush.

After learning what Seidman told the traffic court defendant, two members of the Judicial Nominating Commission suggested that the judge misled them.

''He was telling us that he would not turn in illegal aliens as he was accused of,'' said Tim Bailey, chairman of the commission.

''Obviously he did not give us a forthcoming answer,'' said Ileana Almeida, another member and the current president of the Broward Hispanic Bar Association. ``The transcript [of Morales's hearing] is definitely disappointing, and it's disappointing that when the question is asked he doesn't answer it correctly.''

Seidman was hearing traffic cases in the satellite courthouse in Hollywood when Morales came before him in 2003. He now oversees domestic violence cases in the main courthouse in Fort Lauderdale.

In defending his conduct, Seidman narrowly addressed the e-mail Diaz sent back in 2004. It referred to an article about a Palm Beach circuit judge who was criticized for reporting abused and neglected immigrant children to the U.S. Border Patrol.

The sender was listed as Hispanicswhovote@aol.com.

''Isn't this what you used to do in Hollywood?'' the e-mail asked. ``We remember.''

Seidman said Friday: ``I maintain that I have never personally contacted the INS with regard to these issues. I have never faxed the names and addresses of abused and neglected children to the INS as Judge Diaz alleged.''

He added: ``As a judge, my oath of office requires me to uphold all of the laws of this state and of the United States. When a defendant advises me that they are here illegally, I am obligated by law to bring this to the attention of law enforcement.''

Asked repeatedly to reconcile his comments with the don't-ask rule cited by Hispanic attorneys, Seidman would only say: ``That's my statement.''

After learning about the 2003 hearing, Diaz said he felt vindicated. He recalled that when he first heard rumors about Seidman's treatment of illegal immigrants a couple of years ago, he confronted him.

'He said, `How could you think that about me?' '' Diaz said. ' `When I was little, my best friend was Jose.' . . . I was a little offended by that.''

He added: ``I'm sorry I sent the e-mail. It was a bad way to communicate, and I certainly paid for it. It cost me a lot of anguish and money.''

SHOW OF SYMPATHY

Seidman, 48, was serving as a general master when Gov. Bush appointed him to the county bench in December 2001. He previously worked as a prosecutor and investigated numerous complaints of elderly abuse.

''I've known the judge for over 20 years, and I don't think he has a discriminatory bone in his body,'' said attorney Emilio Benitez, co-founder of the Broward Hispanic Bar Association.

The judge sentenced Morales to a $172 fine and six months probation for driving without a license. He dismissed the taillight citation. He showed some sympathy toward Morales, saying ''good luck'' and instructing the sheriff's deputy to explain what was going on ``so he knows not to be too afraid.''

It's unclear what happened to Morales after leaving the courtroom. He was not taken into custody, according to the Broward Sheriff's Office. Attempts by The Miami Herald to contact Morales were unsuccessful.

That's because the question could force them to incriminate themselves, in violation of the Fifth Amendment of the U.S. Constitution.

If I remember correctly it was the citizens of the united states that the constitution was written for correct?

Broward Hispanic Bar Association????

Do we now have ethnic groups forming bar associations??? What is wrong with just having the ABA?

I find this a bit confusing. They have a Hispanic Bar Association....and as I understood the article this same association has made 'rules' and by-laws that are in conflict with the rule of law in the USA. Have they moved Florida to Cuba while I wasn't looking?

Is it that they must aid and abet illegals if they're going to prosper on the bench??

RR

''This guy is taking advantage of defendants that don't speak the language and may not understand their rights, and that makes it even more egregious,'' Abadin said. ``If the defendant had shot his kids, it would be different, but on a traffic ticket?''

That is what you call too! Too bad.

And why not on a traffic ticket? Why not for any infraction. They should be deported if they get caught doing anything short of a capital punishment crime. From littering to loitering to spitting on the sidewalk. Public drunkenness. Any excuse is a good excuse to get these people out of this country. Yet if a judge does his job, the judge is wrong? What is wrong with this picture?

Originally Posted by moosetracks

Broward Hispanic Bar Association????

Do we now have ethnic groups forming bar associations??? What is wrong with just having the ABA?

Doesnt it make you sick! I thought segregation and discrimination were things of the past.
They even have their own police associations all over the country. Its gotten out of control.
How is assimilation EVER going to work, if they continue to separate themselves from everyone else?

How is assimilation EVER going to work, if they continue to separate themselves from everyone else

Or even integration.