WHO TO KNOW TO BECOME A FEDERAL DISTRICT JUDGE IN TAMPA ST. PETERSBURG CLEARWATER IN THE MIDDLE DISTRICT OF FLORIDA

The Florida Federal Judicial Nominating Commission is accepting applications for a United States District Judge position in the Middle District of Florida an area including Tampa, St. Petersburg and Clearwater, where your favorite Criminal Attorney presides over his golden retriever, Sancho and an occasional glass or more of red wine. Here is an interesting list of the folks who interviewed for the last Federal District Court vacancy. Will they still be interested?

The purpose of the Nominating Commission is to present the President with the best possible applicants, to take some of the politics out of the process, to make the process fair and transparent and to find a Judge whom the federal practice lawyers on the Commission trust to be - well, to be what exactly - fair and impartial or malleable? Unfortunately those members of the Commission who are attorneys are not barred from Federal practice making a farce of the entire process. Why have attorneys who practice in Federal Court on the Commission? Why have attorneys on the Commission? Isn't that an automatic conflict of interest? Here is a list of the members of the the Middle District of Florida Nominating Commission.

The vacancy was created when Judge Gregory A. Presnell’s gained senior status. Though Federal District Judges are appointed for life, they can opt to take on a less stressful schedule by taking senior status. 
The oldest sitting Federal Judge is Judge Wesley Brown of Kansas whose one caveat is "no lengthy trials" which makes sense at age 103 and if your favorite Pinellas crime lawyer was that old he'd be avoiding lengthy trials too... 
Anyway, applications for the judicial appointment can be obtained from the Florida Bar Online or at any Costco with a $50 membership fee. Completed applications must be received by the Commission's Statewide Chair and each Commission member in the manner specified by the Rules of Procedure by 5 p.m., Wednesday, January 18, 2012.

Potential Judges -- get to work on that application & brush up on those interviewing skills.

Vincent van Gogh, Man Writing Facing Left, 1881

WHO KNEW? BEING POOR IS NO LONGER A CRIME IN FLORIDA SAYS OUR SUPREME COURT!!

The Florida Supreme Court recently held in Del Valle v. State that before a Judge can revoke probation and incarcerate a Defendant for failure to pay, the Judge must first make inquiry into the Defendant's actual ability to pay. Even your favorite Clearwater Defense Attorney is heartened that being poor is no longer a crime in Florida.


The Judge must determine in a hearing: Did the Defendant have the ability to pay or did the Defendant willfully refuse to pay. Under Florida law, the trial court must make its finding regarding whether the probationer willfully violated probation by the greater weight of the evidence. The Judge must do this in a hearing where the Defendant can provide evidence because an automatic revocation of probation without evidence presented as to ability to pay to support the trial court's finding of willfulness violated due process.  Although it is constitutional to place the burden on the Defendant to prove his inability to pay, the aspect of section 948.06(5), Florida Statutes, that required a Defendant to prove his inability to pay by the heightened standard of clear and convincing evidence was unconstitutional.
Probation reduced by Pinellas Crime Attorney
Bar Journal Article on clear and convincing evidence
Excellent Discusion of State v. Del Valle as affecting State v. Adkins
Public Information - Oral Argument
It's far better to be poor in Clearwater, Florida than rich in England... at least in Tampa Bay there's much more sunshine.
Old Beggar, 1916, by Louis Dewis, painted just outside his clothing store in Bordeaux, France.