Thread: Judge on spot for way he treats illegals

Florida judge on the spot for the way he treats illegals

http://www.miami.com/mld/miamiherald/ne ... 071669.htm

BROWARD
Judge on spot for way he treats illegalsA 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. . ..

''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?''

first off, illegals don't have the protection of the fifth amendment and they have no rights under the Constitution.

Considering how many people have been killed by illegals driving drunk and without licenses, it's rather stupid to belittle the law for prosecuting them because of a "traffic ticket"

Mamie, they seem to be able to claim protection under the Constitution period, which is so outrageous.

Only in America can a illegal foreigner breaking the law have rights to protect them from being deported or even being asked if they are citizens.

This is ridiculous. I can't believe any of this.

I know I'm not alone on this, must go on throughout the US...I am so sick of going to the store, gas station etc...and getting dirty looks from Mexicans. They stare at you and then turn to each other and start speaking in Spanish....If I were to say something in English (you can bet your bottom dollar they would know English then) I would get hauled in for discrimination. I told my husband I would love to put a huge sign in the yard stating just what I feel, but I know we would be under attack by illegals around here, the ACLU and other pro illegal organizations. With all the rebuilding after the hurricane still going on there are lots of hispanics working on job sites in our neighborhood. Goes for wearing t shirts too, told Bill if I wear one, I am afraid I would get knifed or something in walmart...only in America can't you have freedom of speech if you say something to a minority, then it's a hate speech. Where are the American (all citizens) organizations to protect our rights, like the NAACP, LaRaza ect? we know the ACLU (anti American Chicano Lovers Union) protects the Mexicans, don't we have someone to protect our rights?

What minority is that? In Texas, American citizens are in the minority..we're overrun by illegals.

MJ

Only in America can a judge be persecuted for doing his job.

sherbug

it's bad enough that they are here and our government does nothing. But when they start giving them rights that they are not entitled to and immunity, it is very frightening indeed.

The problem is, the average American only knows they are here 'illegally' -- they do not know they are getting immunity for every criminal act and federal and state benefits

I have been searching for an email for this judge. I am trying to email everyone I find that is fighting this. However, I cannot find an email on him. I think I will write Jeb though and tell him to approve this judge for the circuit court position.

Judges Urged to Act Proper with Minorities


Seven lawyers’ groups representing minorities and women are calling for Broward County judges to undergo training to be more sensitive toward black and Hispanic defendants.

Representatives of the Cuban, Hispanic, Haitian, Caribbean, Asian Pacific, black and women’s bar associations met with Broward Chief Judge Dale Ross last week to air their concerns. In one case cited at the meeting, Circuit Judge Lawrence Korda insisted that a battered wife seeking a restraining order speak in English instead of her native Spanish.

“She doesn’t need any translation,” Korda said at the Dec. 1, 2005, hearing. “She has been here 19 years. She’s watched ¿Qué Pasa, U.S.A.? for 15.”

He later apologized.

Thursday’s meeting between minority leaders and Ross came two days before The Miami Herald reported that Broward County Judge Lee Seidman repeatedly asked traffic court defendants whether they were here illegally. In at least one 2003 case, Seidman turned over to law enforcement an illegal immigrant who came to court for a traffic ticket.

“These are not isolated instances,” Cori Lopez-Castro, president of the Cuban-American Bar Association, said Monday. “There is a problem in Broward County with judges not being culturally sensitive… . Things have to change.”

Ross said Monday that he favored sensitivity training and would seek funding.

“We’re a very diverse community,” he said. “I think [the training] would be another tool that judges could use.”

{snip}

In the domestic violence case cited by minority leaders last week at their meeting with Ross, Judge Korda addressed a plaintiff in Spanish after the court interpreter had left.

“After 19 years, you don’t speak any English?” he asked. “Please, it’s a lot of time to learn a little English.”

She responded in Spanish: “I speak it. I understand, but not perfectly.”

Korda said in Spanish: “In this case, you will speak in English after 19 years.”

Korda did grant her request, extending a restraining order against her husband for 30 days. But the woman’s attorney, Kathleen Achille, said she felt mistreated.

{snip}

Last year, a complaint was filed against County Judge Leonard Feiner for saying of the courthouse cleaning crew: “The people that—that they hire may live in hovels, but they don’t have to leave courtrooms and the places they work looking like a slum.” The Judicial Qualifications Commission did not find probable cause of racial bias.

Allegations that Circuit Judge Eileen O’Connor failed to disclose bias complaints in her judicial application are still before the commission.

Original article

(Posted on March 15, 2006)


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Comments
This is the BEST NEWS in a LONG time! This is what we want! Judges ticked off reading Amren!


You see guys. Worse is Better! We want everyone oppressed and furious——that includes you —-JUDGE!

Posted by DS1 at 5:47 PM on March 15


I’m sorry, lady, but if you have been here for 19 years you should know how to speak and comprehend the English language. You came here of your own free will. It is incumbent upon you to learn the language of your adopted country. It is an insult that you expect us to use your language instead. Case closed !

Posted by N. J. MOE at 6:03 PM on March 15


These frontmen for the Marxists are just trying to gain more privilege for non White criminals and defendants than already exists. Chaos is the desired state, because White people become too busy looking at the non White havoc to notice what the string pullers are up to.

Posted by Get Real at 6:18 PM on March 15


I love this stuff. Many Am.Ren. posters have written that the “chickens have come home to roost”——for the liberals, that is. I know that so many people who have gone into law are liberal. Let them now put up with the c—p they’ve been pushing on other people for years. Sensitiviteeeee.Hee,Hee.

Posted by at 7:16 PM on March 15


“She responded in Spanish: ‘I speak it. I understand, but not perfectly’.”

Heck, with the way public schools are these days, very few native Americans speak English at a level higher than that. Did you notice, too, that every possible interest group was bitching about this issue EXCEPT White males? OK, OK, the Zoroastrians and Rastafarians weren’t, either.

Hey lady: when in Rome, do as the Romans do.

The Roman civilization lasted for over 600+ years at peak level. They must’ve been doing something right.

Posted by Dex at 10:56 PM on March 15


I agree with Moe. How can you live in a country for 19 years and not learn the language? That is an insult to this country.

Posted by Jewamongyou at 12:22 AM on March 16


Throw lawyers into the mix and you got problems, especially minority or women attorneys and all you get is politically correct, bleeding heart liberals.

Posted by Gayle at 9:02 AM on March 16


If someone wants to live in the US, they need to speak the language. English is still the official language here. My wife, a filipina, knew English very well prior to coming here. In fact, the business language of the world is English. If I emigrated to a Spanish speaking country, I would learn the lingo and not make everyone speak my native tongue.

Posted by Herb at 11:37 AM on March 16


The woman is lying. She knows English very well. The same thing happens when cops question a hispanic suspect. None of them know English, until they suddenly realize what real trouble they are in. Then they magically gain the ability to converse beautifully in the OFFICIAL language of the US.

Yes, worse is better. Now Judges are feeling what it is like to have to live and work with this on a daily basis. Let the anger spread.

Posted by Minerva at 3:09 PM on March 16


Sensitivity training = GOVERNMENT-SPONSORED BRAINWASHING.

The judges shouldn’t even give these radical groups a hearing, if you’ll pardon the expression. It is the job of judges to be IMPARTIAL, to look at the facts of a given case. Kowtowing to these anti-white groups creates a bias that poisons the system, making it unfair to whites.

Posted by at 4:59 PM on March 16


“Culturally sensitive?? Things have to change”?

I’m all for it. English is in my culture and I’m sensitive about it. I demand you respect it.

Posted by Shawn at 5:06 PM on March 16


These are not isolated instances,” Cori Lopez-Castro, president of the Cuban-American Bar Association, said Monday. “There is a problem in Broward County with judges not being culturally sensitive…. Things have to change.


Cori Castro I have news for you, this nation gave Cubans a home from the oppressive Regime of Fidel Castro for more than forty five years and has given you the liberty to live and work here, no one in this country has to be “SENSITIVE” to you or your people.

You have nothing coming to you or your mob, your not worried about sensitivity, it just a power play on your part.

Cori, gets out of this country, go to Cuba and see how Fidel is sensitive to your stupid desires… you fool.

This is what happens when we take snakes into a country, it high time your people spoke English. We gave you a home when you had none now you are becoming a destructive entity whose selfish desire to rule the rest of will cause violence in the near future.

Enough of you and the rest of the jackass fools like you, you have to go, your not needed.


Seven lawyers’ groups representing minorities and women are calling for Broward County judges to undergo training to be more sensitive toward black and Hispanic defendants.

Seven is all they could find?

http://www.amren.com/mtnews/archives/20 ... ged_to.php

Just look around any courthouse in america and they are loaded with illegals and nobody asks them their status even when they are there for hearings on committing crimes. This is ludicrous!!! But you can bet they get those free lawyers to defend them. Cannot even speak english are there because they have committed a crime and no asks their status, it was the most outrageous lack of law enforcement I have seen in my life.