Sunday, May 22, 2011

Criticism Of Florida's F'closure Rocket Docket, Jurists Called Out Of Retirement To Rubber-Stamp Judgments Brings Heat To Pair Representing Homeowners

The ABA Journal reports:
  • Two Florida lawyers who criticized mass foreclosures found themselves under investigation by the state bar for their comments. The bar dropped one probe and was expected to drop the second after former ABA President Talbot "Sandy" D'Alemberte intervened on the lawyers’ behalf, the Daily Business Review reports. D’Alemberte is also a former president of Florida State University.
  • "We saw possible implications for free speech," D'Alemberte told the publication.
  • One of the complaints stemmed from a CNN interview with foreclosure defense lawyer Chip Parker of Jacksonville, the story says.(1) He told the network, "Foreclosure courts throughout the state of Florida have adopted a system of ramming foreclosure cases through the final judgments and sale—with very little regard to the rule of law." He also complained of "an attack upon the citizens of the state of Florida by retired judges."
  • The other foreclosure lawyer, Matthew Weidner of Tampa, was investigated for “exercising free speech in the courtroom," the story says.
  • So far the Florida Bar has received 58 complaints against foreclosure defense lawyers and closed 29 without charges. The bar has received 272 complaints against foreclosure plaintiff lawyers and closed 46 without charges.

Source: Criticism of the Foreclosure Process Brought Bar Probe of Two Fla. Lawyers.

(1) See Daily Business Review: Lawyers investigated for criticizing system:

  • Parker learned he was under scrutiny in a letter from Bar counsel Shanell Schuyler last Dec. 3. The letter, obtained by the Review, includes a link to Parker's CNN interview and advises him to explain his on-camera statements in writing by Dec. 20 in light of The Bar's Rule of Professional Conduct 4-8.2 prohibiting lawyers from making false or reckless comments about court personnel.
  • "I was shocked," Parker said. "I said, 'This is a joke, right?' I have a First Amendment right to free speech. I've said a lot worse and been more pointed in my speech in the past. CNN actually toned down my comments."
  • Parker responded to The Bar by quoting Oliver Wendell Holmes Jr., the late associate justice of the U.S. Supreme Court, saying his criticism was "consistent with the great traditions of American lawyers."
  • Parker said he hasn't been told who filed the complaint due to confidentiality rules, but he heard it was an offended judge.