BY BUDDY NEVINS
When we think of law enforcement, we think of armed centurions patrolling the seedier parts of Broward.
Robed, unarmed judges sitting in their quiet courtrooms are a key part of the law enforcement system, too.
That’s why it is so important that we elect qualified, fair justices on August 24.
Not just experienced judges. The best judges.
An experience lawyer can be a better judge than a veteran fixture on the bench.
It is an important choice. Because judges stand between us and the worst society has to offer.
They don’t have guns to enforce society’s rules. They only have the law.
Read here courtesy of the courthouse blog JAABLOG what Judge Lee Seidman put up with. And how he handled it.
Dwayne Mitchell was charged with resisting a law enforcement officer. He obviously has problems. But his filthy mouth has no place in a courtroom.
Personally, I think Seidman was easy on Dwayne Mitchell. He didn’t get enough time.
STATE OF FLORIDA,
IN THE COUNTY COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
CASE NO: 09-26111 MM1 OA
(10-1 0895M01 OA)
JUDGE: LEE J. SEIDMAN
FINAL JUDGEMENT OF DIRECT CRIMINAL CONTEMPT
THIS CAUSE came on to be heard on May 24, 2010, during a hearing concerning the Defendant’s trial regarding Criminal Case Number 09-26111 MM1 OA.
Upon this Court granting a defense requested continuance of the defendant’s jury trial for the charge of Resisting/Obstruction Without Violence, said Defendant repeatedly stated in a loud tone of voice, “Suck my dick, eat my dick, I don’t give a fuck, suck my dick a 100 more times.” These rude, insulting, and obscene remarks were intentionally spoken, directed at this Court and disrupted proceedings in Court by delaying and hindering this Court in hearing other matters also presently before the Court. These
remarks were uttered for the purpose of embarrassing and degrading the Court and to impugn the dignity and authority of this Court.
Present in court when these degrading, rude, and insulting remarks were made by said Defendant in a loud tone of voice were members of the. public, numerous prosecutors, defense attorneys, and other court personnel. The Court is certain that everyone present heard this Defendant’s remarks.
Thereafter, the Court inquired of the Defendant whether he could show good
cause why he should not be adjudged guilty of Direct Criminal Contempt and sentenced to 179 days in the Broward County Jail. Defendant Mitchell not only failed to show any good cause, but continued to repeat his remark of, “Suck my dick,” and showed no excuse or mitigation for his conduct.
This Court is not unmindful of the Appellate Court’s admonishment to trial judges to have ”thick skins” and to use contempt powers sparingly. Schenck v. State, 645 So. 2d, 71 (Fla 4th DCA 1984). However, this is an instance that calls for the imposition of this unique power to bring order to the proceedings and to re-enforce the Court’s dignity subsequent to a Defendant’s multiple degrading and insulting comments made in open
court and on the record.
ACCORDINGLY, Defendant Dwayne Mitchell is adjudicated guilty of Direct
Criminal Contempt of this Court and sentenced to 179 days in the 8roward County Jail.
Defendant has 30 days to file an appeal of this order.
DONE AND ORDERED at Fort Lauderdale, Broward County, Florida, this 25th day of May, 2010.
Alexander Hunt, Assistant Public Defender
Fiorella Del Aguila, Assistant State Attorney