Thread: Judge on spot for way he treats illegals

Suspension Possible for Florida Judge in E-Mail Probe
Dan Christensen
Daily Business Review
July 13, 2004


http://www.law.com/jsp/article.jsp?id=1089315029013


The Florida Judicial Qualifications Commission has offered a County Court judge in Fort Lauderdale a deal to settle allegations that he violated the judicial code by sending a hostile e-mail to a fellow judge, according to sources who did not want to be identified.

The JQC's offer calls for Broward County Court Judge Robert F. Diaz to admit responsibility and accept a 30-day suspension, a public reprimand and a $7,500 fine. Diaz also would have to apologize in writing to fellow County Court Judge Lee Jay Seidman and the Broward Hispanic Bar Association.

Diaz declined comment, and his Fort Lauderdale, Fla., attorney, James M. Stark, did not return calls seeking comment. Judge Seidman's Fort Lauderdale attorney, J. David Bogenschutz, said he was unaware of the JQC's offer to Diaz.

It has not been revealed what specific judicial conduct rules Diaz is accused of violating. Three of the seven canons, however, could be applicable. Those canons require judges to uphold the integrity of the judiciary, avoid impropriety and the appearance of impropriety and regulate their extra-judicial duties to minimize the risk of conflict with judicial duties.

Judge Seidman received an anonymous e-mail on Jan. 19, read the contents the next day and called the police.

The e-mail contained a Jan. 18 Palm Beach Post story about Palm Beach Circuit Judge Roger B. Colton's controversial practice of notifying the U.S. Border Patrol about illegal immigrants who appeared before him in criminal court. The article quoted immigrant advocates who accused Colton of abusing his authority, and Colton's rebuttal that he felt obliged to report lawbreaking.

The e-mail to Judge Seidman that accompanied the Post article asked, "Isn't that what you used to do in Hollywood? We remember." The sender was identified only as hispanicswhovote@aol.com.

Seidman worked as a criminal traffic judge at the county's Hollywood, Fla., satellite courthouse in 2002 and 2003. He's currently assigned to the domestic violence division at the main courthouse in downtown Fort Lauderdale. Seidman denies ever informing on illegal aliens in his court, Bogenschutz said.

A similar e-mail was sent on Jan. 19 to then-Broward Hispanic Bar Association president Catalina Z. Avalos. Avalos, who could not be reached for comment, is a Broward assistant state attorney.

At the time the e-mail was sent, Judge Seidman was facing the possibility of a re-election campaign. In May, however, Seidman, who had built up a big campaign war chest, won a new term automatically when no one filed to oppose him. Avalos was one of Seidman's contributors.

Seidman considered the e-mail hostile and possibly threatening. He asked the Broward Sheriff's Office to investigate.

The BSO quickly traced the e-mail to Judge Diaz. Two days after the Miami Herald broke the story on Jan. 31, Diaz took a two-week paid leave.

Broward State Attorney Michael Satz asked Gov. Jeb Bush to appoint a special prosecutor, and the case was referred to Miami-Dade State Attorney Katherine Fernandez Rundle and her public corruption chief, Joseph Centorino. Centorino declined comment, but sources said his probe is winding down without any plans to bring criminal charges against Diaz.

Negotiations between the JQC and Diaz about a possible suspension appear to be under way. If Diaz takes the deal, the JQC would recommend it to the Florida Supreme Court, which makes the final determination in matters of judicial discipline. If suspended, Diaz would be the first Broward judge to suffer such discipline as a result of a JQC inquiry.

Three other Broward judges have received stiffer punishment for alleged misconduct since the JQC was established as an independent watchdog in the Florida Constitution in 1968. They are County Court Judge June Laran Johnson, removed in 1996 for backdating driving under the influence cases; County Court Judge Irwin Berkowitz, removed in 1988 for practicing law after he became a judge and for misuse of trust funds; and Circuit Judge Stewart LaMotte, removed for misuse of a state credit card in 1977.

I already looked into this since it happened back in 2004. Diaz was suspended for 2 weeks and paid a $15,000 fine.

I emailed my Jeb (my governer and future presidential hopeful ) about this and told in him no uncertain terms we need more people like this in enforcement positions and to give this man a position as Circuit Court judge.

As the this woman who was here for 19 years and does not speak English. First of all yes she does but second of all for all of you are unfamiliar with South Florida. You can definitely get by without knowing English. It has been that way for a long time. I was born and raised in Fort Lauderdale and this is exactly why I am now more than half way up the state. I keep moving further north. I figure one day I will be on the border of Canada if this keeps up.

Searched for email addy to, can't find it...only thing someone can do is email Broward country to his attention.

Originally Posted by MustangJo

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

MJ

do y'all have any rights left at all in Texas? illegals use private property for alien crossings, illegals bathe in kids swimming pools and property is used as a public dump. I've read where ranchers along the border have to repair fences daily that have been cut and their livestock is turned loose. The invasion along the border states is like Hurricane Katrina, only those in the path of it can really understand the devastation -- those of us to the east had a lot to be thankful for.

Mamie, I heard that livestock follows the illegals through the cut barbwire,in to ranchers land and are infecting their cattle, did you hear anything about this? Are we going to have to worry about eating meat soon?