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An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Revised
August 8, 2007
Isn't
it amazing that a simple trial -- starting out as a simple record request
by a unit owner -- can take so long and see six different judges sitting
on the bench with one recusal after the other.
Six
judges, piles of legal fees, victory in appeals court, two summary
judgments
-- but still no relief for the plaintiff!
No
wonder there are about 1,700 open cases on each of these judges' court
dockets in
Broward
County
!
It
obviously doesn't make it easier if you sue a well-known lobbyist and
political consultant -- Judith Stern – who is the president of a condo
association in
Broward
County
with the defendant being represented by Stuart Zoberg from the law firm of
Becker & Poliakoff. Considering these facts, it seems no surprise that
after two-and-a-half years the
plaintiff still hasn't received a final favorable ruling. Each time the
plaintiff seems to get the opportunity to proceed with the case before a
fair, unbiased judge and to receive a favorable ruling, things immediately
change -- when another judge recuses himself.
After
we’ve read a lot about shenanigans of the
Broward
County
court system in the Miami Herald
recently, it seems that we have here another case of possible manipulation
of the system.
Just
take a look at the long list of judges who either removed themselves from
the case -- or were "transferred" at an inopportune time:
- Judge Leroy Moe recused himself on request of plaintiff -- possible
conflict of interest since he is well acquainted with defendant Judith
Stern and the law firm of Becker & Poliakoff.
- Judge Robert Rosenberg was -- after only two months -- transferred
by Chief Judge Dale Ross without ever hearing the case.
- Judge Alfred Horowitz – the next-door neighbor of Judge Moe with
side-by-side balconies -- refused to recuse himself. After thoroughly
reviewing the evidence presented, Horowitz eventually awarded two
summary judgments to the plaintiff, definitely when he considered the
overwhelming evidence that favored the plaintiff. But a few weeks
after the favorable rulings Judge Horowitz was transferred from the
case by Chief Judge Dale Ross.
- Judge Carol Lisa Phillips was transferred to the case by Chief Judge
Dale Ross. Judge Phillips is the wife of Fort Lauderdale Mayor Naugle,
who works with Judith Stern on several
Fort Lauderdale
boards. It is as well an open secret that Judith Stern contributed to
Judge Phillips' and Mayor Naugle's numerous campaigns. Result:
Judge Carol Lisa Phillips recused herself.
- Judge Victor Tobin was the next judge transferred to this case by
Judge Dale Ross. As soon as the new judge for the case was announced,
Judith Stern hired attorney James Stark -- known to be a criminal
attorney -- to represent her in addition to Stuart Zoberg of Becker
& Poliakoff and Cooney Matson, insurance counsel. The plaintiff
filed a summary judgment motion two months in advance of a hearing
before Judge Tobin. Finally, at the day of the planned hearing, Judge
Tobin recuses himself claiming to be a personal friend of Judith Stern
and attorney James Stark.
- Now Judge Aleman is presiding over the case -- a criminal judge who
was transferred to civil by Judge Dale Ross because of a pending
investigation by the Judicial Qualification Committee.
Shouldn't
it be possible to receive justice in
Broward
County
, even if Judith Stern is a well-known lobbyist? Shouldn't judges consider
immediately whether or not they have a conflict of interest and recuse
themselves without holding up the procedures for months?
It
surely seems that there are serious problems in
Broward
County
's Circuit Court. Maybe Judge Tobin had the right idea when he said,
"I don’t know if this needs to be moved somewhere else or what
needs to happen.”
It
surely doesn't help citizens seeking justice if judges play "Musical
Chairs" on the bench and hold up the proceedings. If there isn't a
fair, unbiased judge in Broward County Circuit Court -- shouldn't they say
so -- and change the trial to a different location? Or maybe an
outside agency should look into this possible manipulation of the court
system in
Broward
County
? Will somebody finally investigate the
Broward
County
court system?
Six
different judges presiding over one trial?
Surely that is unacceptable for citizens
and
a shameful way to waste taxpayers’ dollars!
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