ABA Journal

“1,400 calls and texts were found to have [been] made to each other during the trial”

How long did the trial take - twenty years?

By Pushkin on 2012 04 24, 2:10 pm CDT

1,400?  That’s nothing…my teenager can crank out 3,000 texts in a weekend and that is not nearly as prolific as some!

By Texting on 2012 04 24, 2:19 pm CDT

Texting - Has your teenager ever tried a case?

By Pushkin on 2012 04 24, 5:51 pm CDT

Well, this judge appears to have been reasonably fit for a 50-year-old, so I can buy the premise that they weren’t discussing the case.  Still, that’s a lot of socializing there.  I suppose it would have been OK if she had an equivalent number of contacts with defense counsel and/or it was all in the open.

By B. McLeod on 2012 04 24, 6:25 pm CDT

The practice of Prosecuting Attornies contacting trial judges out of the presence of defense attornies is so widespread, and so prejudicial, that it is a total perversion of justice.
    Here are the issues:
    1.  The Prosecuting Attorney has a special relationship with the Judge before the trial
    2.  The Prosecuting Attorney has separate communications with the Judge during the trial.
    3.  This special relationship between the Judge and the Prosecuting Attorney continued with many other cases, both before and after this case.  ( I’m guessing but it’s a reasonable assumption).
    Imagine, if you would, what any Prosecuting Attorney would say if this Judge had this special relationship with the Defense Attorney. 
    A 1 year suspension for both Howard Scheinberg and Ana Gardiner is much too light a penalty.  It should be permanent disbarrment, and criminal felony charges of perverted obstruction of justice.  Public shame on both of you.  You should also have to repay the State of Florida for all of it’s unnecessary costs. 
    How easy it would have been to disclose this special relationship and have Judge Gardiner recuse herself on all cases involving Mr. Scheinberg.

By davebert on 2012 04 25, 10:57 am CDT