BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA

Transcription

1 BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA INQUIRY CONCERNING A JUDGE, NUMBER 07-64, RALPH E. ERIKSSON / CASE NUMBER SC PREHEARING STATEMENT PURSUANT TO ORDER GRANTING CONTINUANCE AND RESCHEDUING HEARING AND PREHEARING CONFERENCE ENTERED SEPTEMBER 26, 2008 RALPH E. ERIKSSON, County Court Judge, by and through his undersigned attorney, pursuant to the Order Granting Continuance and Rescheduling Hearing and Prehearing Conference entered on September 26, 2008, files this Prehearing Statement. 1. Length of Hearing- Counsel estimates that the Respondent's case will take one and one-half (1 1/2) to two (2) days. A. WITNESSES: Judge Eriksson expects to call the following witnesses: 1. John Baldwin, Esq. - Mr. Baldwin is an experienced family law attorney and criminal defense attorney in Central Florida, and will testify regarding his experiences with Judge Eriksson s handling of injunctions and compare them to other judges actions. Mr. Baldwin also will testify regarding his personal knowledge of Judge Eriksson balancing the rights and interests of litigants vis-a- 1

2 vis the judges' responsibilities to the administration of justice. 2. Doris Brady - Ms. Brady is Judge Eriksson s Judicial Assistant. Ms. Brady will testify regarding Judge Eriksson s efforts to advise defendants of their court dates in order to avoid the issuance of warrants. Ms. Brady also has knowledge with regard to Judge Eriksson's procedures and protocols, as well as interface with parties, witnesses, court personnel, other judges and attorneys. 3. Chris Collins - Ms. Collins will testify about her experiences with Judge Eriksson and the assistance he provided her in obtaining an injunction. 4. The Honorable Jerri Collins - Judge Collins is a Seminole County Court Judge in the Eighteenth Judicial Circuit. Judge Collins will testify regarding conduct of domestic violence, repeat violence and dating violence injunctive process in Seminole County, specifically 2007 and before. She is the primary person designated to facilitate and prepare a standardized video presentation to assist pro se litigants in the injunction process in the Eighteenth Judicial Circuit, Seminole County, Florida. 5. Steve Davis - Mr. Davis is a character witness. 6. Deborah O. Day, Psy.D. - Dr. Day is a forensic psychologist who has been utilized as a witness in numerous and varied court proceedings through out the State of Florida in both state and federal courts, as well as administrative 2

3 proceedings. A copy of her curriculum vitae is being supplied to counsel for the Judicial Qualifications Commission as a potential exhibit. Dr. Day has evaluated Judge Eriksson regarding matters relevant to the issues claimed in the proceedings scheduled for final hearing. 7. The Honorable Ralph E. Eriksson - Judge Eriksson will testify as to all matters as set forth in the Notice of Formal Charges, Amended Notice of Formal Charges, his Answer and Affirmative Defenses and Amended Answer and Affirmative Defenses. Additionally, all matters testified to at the 6(b) hearings held on June 28, 2007 and February 28, 2008 and in his deposition taken on October 25, The Honorable O.H. Eaton, Jr. - Judge Eaton is currently the Criminal Division Administrative Judge for the Eighteenth Judicial Circuit, Seminole County, Florida and past Chief Judge for the Eighteenth Judicial Circuit. Judge Eaton will testify regarding factors considered by Judges of the Eighteenth Judicial Circuit, Seminole County, Florida in matters concerning revocation of bond in criminal cases from a history and evolution of application of law and factual matters in place prior to and at the time of the actions taken by Judge Eriksson in State v. Bob Lee Walton III, Seminole County Case No: MMA and State v. Daniel Bradshaw, Seminole County Case No: MMA. 3

4 Judge Eaton will also testify regarding conduct of domestic violence, repeat violence and dating violence injunctive process in Seminole County, specifically 2007 and before. Judge Eaton will also testify regarding his interface with Judge Eriksson on matters regarding court administration during Judge Eriksson's tenure as a County Judge. Judge Eaton will also testify regarding his familiarity with Judge Eriksson's judicial approach, application of law, interface with parties, attorneys, court personnel and other judges. 9. Robert Fisher, Esq. - Mr. Fisher is an experienced family law and criminal defense attorney in Central Florida, and will testify regarding his experiences with Judge Eriksson s handling of injunctions and compare them to other judges actions. Mr. Fisher also will testify regarding his personal knowledge of Judge Eriksson balancing the rights and interests of litigants vis-avis the judges' responsibilities to the administration of justice. 10.The Honorable Mark Herr - Judge Herr is a Seminole County Court Judge for the Eighteenth Judicial Circuit. Judge Herr will testify regarding Judge Eriksson s efforts to obtain help for injunction matter litigants and general issues associated with injunctions in Seminole County, Florida. Additionally, Judge Herr will testify regarding Judge Eriksson's efforts to correct the circumstances surrounding the actions of former Seminole County Court Judge 4

5 John Sloop in the jailing of individuals scheduled to appear before Judge Sloop in the subject of a Judicial Qualifications Commission proceeding arising out of those matters. 11. Gary Kaiser - Mr. Kaiser is a character witness. 12. Sandra Maisak - Ms. Maisak is a character witness. 13. Richard Mamele, Esq. - Mr. Mamele, a Board Certified marital and family lawyer, will testify regarding Judge Eriksson s handling of injunctions. 14. The Honorable Donald Marblestone - Judge Marblestone is a Seminole County Court Judge for the Eighteenth Judicial Circuit. Judge Marblestone will testify regarding Thomas v. State of Florida and Donald Eslinger, Seminole County Sheriff, Seminole County, Eighteenth Judicial Circuit, Case Numbers MMA and MMA, a Seminole County court case. Judge Marblestone will testify regarding conversations he had with Judge Eriksson before State v. Bob Lee Walton III, Seminole County Case No: MMA and State v. Daniel Bradshaw, Seminole County Case No: MMA. Judge Marblestone will testify regarding factors considered by Judges of the Eighteenth Judicial Circuit, Seminole County, Florida in matters concerning revocation of bond in criminal cases from a history and evolution of application of law and factual matters in place prior to and at the time of the actions taken by Judge 5

6 Eriksson in State v. Bob Lee Walton III, Seminole County Case No: MMA and State v. Daniel Bradshaw, Seminole County Case No: MMA. Judge Marblestone will also testify regarding conduct of domestic violence, repeat violence and dating violence injunctive process in Seminole County, specifically 2007 and before. 15. J. Cheney Mason, Esq. - Mr. Mason is a Board Certified Criminal Defense Attorney, as well as an experienced Family Law Practitioner in Central Florida since 1971, and will testify to the issue of hearsay in injunction proceedings. Mr. Mason will testify regarding his knowledge of court protocol and conduct of injunction hearings in domestic violence, repeat violence and dating violence cases in Seminole County. Additionally, Mr. Mason will testify regarding his experience in the obligation of defendants and their counsel in criminal cases related to bond and trial preparedness. Mr. Mason will also testify regarding matters and communication between Jeffrey S. Weiner, Esq. of the law firm of Weiner & Ratzan, P.A. in the matter of State v. Jennifer Ashley Elliott, Case No: MMA, in the Eighteenth Judicial Circuit in and for Seminole County, Florida 16. Grace Russi-Miller - Ms. Russi-Miller is a deputy clerk in Seminole County, Florida who worked in the courtroom with Judge Eriksson. 6

7 Ms. Russi-Miller will testify regarding Judge Eriksson's policies in assisting pro se parties who fail to appear for scheduled court appearances as well as other matters. Additionally, Ms. Russi-Miller will testify regarding conduct and procedures established and implemented by Judge Eriksson during the time that she worked with him in his courtroom. 17. The Honorable C. Vernon Mize - Judge Mize is a Senior Status Circuit Judge in Seminole County, Florida. Judge Mize will testify as to his judicial beliefs regarding revoking a defendant s bond when the court believes that defendant is manipulating the system. Judge Mize will testify regarding factors considered by Judges of the Eighteenth Judicial Circuit, Seminole County, Florida in matters concerning revocation of bond in criminal cases from a history and evolution of application of law and factual matters in place prior to and at the time of the actions taken by Judge Eriksson in State v. Bob Lee Walton III, Seminole County Case No: MMA and State v. Daniel Bradshaw, Seminole County Case No: MMA. Judge Mize will also testify regarding conduct of domestic violence, repeat violence and dating violence injunctive process in Seminole County, specifically 2007 and before. Judge Mize will also testify regarding his familiarity with Judge Eriksson's judicial approach, application of law, interface with parties, attorneys, court personnel and other judges. 7

8 18. Damaris Rivera - Ms. Rivera is a deputy clerk in Seminole County, Florida who worked in the courtroom with Judge Eriksson Ms. Rivera will testify in Judge Eriksson's policies in assisting pro se parties who fail to appear for scheduled court appearances as well as other matters. Additionally, Ms. Rivera will testify regarding conduct and procedures established and implemented by Judge Eriksson during the time that she worked with him in his courtroom. 19. In additional to the named witnesses listed in paragraphs one (1) through nineteen (19) above, there may be additional areas of facts testified to by some or all of the above witnesses based upon matters that arise during the course of the proceeding which bear upon the issues before the hearing panel. 20. Each and every witness listed by General Counsel for the Judicial Qualifications Commission, including but not limited to: a) Daniel Bradshaw; b) Kendall Horween, Esq.; c) Andrew Jones, Esq., d) Kathryn Lovasz; e) Bob Lee Walton III; f) Bob Lee Walton, Jr.; g) Christopher D. Wagner; 8

9 h) Jeffrey Weiner, Esq. B. EXHIBITS: 1. Order denying Petition for Writ of Habeas Corpus in Thomas v. State of Florida and Donald Eslinger, Seminole County Sheriff, Seminole County, Eighteenth Judicial Circuit, Case Numbers MMA and MMA, authored by the Honorable O.H. Eaton, Jr., Circuit Judge 2. Correspondence between Florida Supreme Court Justice, The Honorable Barbara Pariente and Honorable Ralph Eriksson. a) August 2, 2002 from Judge Eriksson to Justice Pariente; b) September 24, 2002, from Justice Pariente to Judge Eriksson; c) December 20, 2002, from Judge Eriksson to Justice Pariente; 3. Correspondence from Patricia Badland, Chief, Office of Court Improvement, Office of State Courts Administrator to Judge Eriksson, dated 2/24/03; 4. Correspondence from Chris Collins, dated 5/17/99; 5. Memorandums from Mark E. Herr, Administrative Judge, County Court, Eighteenth Judicial Circuit: a) to Chief Judge Kerry I. Evander, Chief Judge-Elect Tonya Rainwater, Administrative Judge Clayton D. Simmons, dated June 19, 2006, Re: Administrative Order S Amended; b) to Chief Judge Clayton D. Simmons, dated December 17, 2007, Re: Injunctions for Protection. 9

10 6. Memorandum from Judge O.H. Eaton to Judge Mark Herr, dated 5/4/06; 7. Letter from Chief Justice R. Fred Lewis to Judge O. H. Eaton, Jr., dated 1/31/08; 8. Article, Who should be attending first appearances?, The Florida Bar News, Vol. 35, No. 4, 2/15/08; 9. First Appearance Manual - Seminole County, 9/25/07; 10. First Appearance Manual - Seminole County, 1/31/08; 11. Written First Appearance Sheet for Hearing Impaired Person, State v. Reginald Steel, Case No: MMA; 12. Embarq Telephone Directory - June 2007, Seminole County - Winter Park, - cover and pg. 110, Residential Listings - Eriksson, Ralph & Linda, street address and telephone number. 13. Seminole County Court, Caseflow and Calendar Management Report - Final Report, October 1994; 14. Florida's Domestic Violence Benchbook - June 2005, Office of the State Courts Administrator; 15. Florida State Courts System, Office of the State Courts Administrator, Office of Court Improvement, Domestic Violence Injunction Case 10

11 Management Guidelines, June Florida State Courts System, Office of the State Courts Administrator, Office of Court Improvement, Domestic Violence Injunction Case Management Guidelines, June All Petitions for Injunction for Protection Against Repeat Violence from the hearings held on 10/30/07: a) Taylor and Russaw, Case No; 2007DR ; b) Kawa and Barnette, Case No: 2007DR ; c) Braxton and Swint, Case No: 2007DR ; d) Mitchell and Navarre, Case No: 2007DR ; e) Breen and Stokes, Case No: 2007DR ; f) Corenda and DiDonato, Case No: 2007DR ; g) Ashley and DiDonato, Case No: 2007DR ; h) Alexander and Keuler, Case No: 2007DR ; i) Klatson and Pettis, Case No: 2007DR ; j) Lehor and Ivan, Case No: 2007DR ; k) Myers and Tanzler, Case No:2007DR ; l) Rybicki and Tanzler, Case No: 2007DR ; m) Frye and Hustead, Case No: 2007DR ; n) Jachura and Garcia, Case No: 2007DR ; o) Sacco and Stanford, Case No: 2007DR ; 18. Reports of the Commission of Family Courts: a) In Re Report of the Commission of Family Courts, 588 So. 2d 586 (Fla. 1991); b) In Re Report of the Commission of Family Courts, 633 So. 2d 14 (Fla. 1994); c) In Re Report of the Commission of Family Courts, 794 So. 2d 518 (Fla. 2001); 11

12 19. Zuchel v. State, 824 So. 2d 1044 (Fla. 4th DCA 2002); 20. Lewis v. Lewis, 689 So. 2d 1271 (Fla. lst DCA 1997); 21. Florida Statutes: a) F.S ; b) F.S ; c) F.S ; d) F.S ; e) F.S Formal Review Hrg. (DSS Audio) - Bobby Lee Walton III (disk); 23. Video Script - Guide to Injunctions for Protection, Prepared for Office of Court Improvement, Draft: 1 of Video #1, Writer: Natalie Miller, Austin Newberry, and Kathleen Tailer, Dated 10/13/ Court File - State of Florida vs. Jennifer Ashley Elliott, Case No: MMA, in the County Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida. 25. Curriculum Vitae of Deborah O. Day, Psy.D. 26. Transcript of the deposition of Judge Eriksson in the instant case, taken on October 25, (a) Order Denying Petition for Writ of Habeas Corpus entered on April 21, 2006, by the Hon. Debra S. Nelson, Circuit Judge, Bradshaw v. State, et al, Case No: AP, in the Circuit Court of the Eighteenth Judicial Circuit, in 12

13 and for Seminole County, Florida; (b) Amended Order Denying Petition for Writ of Habeas Corpus entered on May 16, 2006, by the Hon. Debra S. Nelson, Circuit Judge, Bradshaw v. State, et al, Case No: AP, in the Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida; 28. Affidavits are hereby submitted by the following: Additional character affidavits, if any, will be submitted prior to the hearing on December 8, All Exhibits numbering 1-19 introduced by Judge Eriksson at the 6(b) hearing held on February 28, Each and every exhibit listed by General Counsel for the Judicial Qualifications Commission, as follows: a) Audio, video and transcript for the proceedings in State v. Daniel Bradshaw, Seminole County Case # MMA that took place on April 3, 2006 and April 6, 2006; b) Audio, video and transcript for the proceedings in State v. Bob Lee Walton III, Seminole County Case # MMA that took place on January 23, 2007, February 8, 2007, and February 19, 2007; c) Audio, video records of Injunction hearings held on October 30, 13

14 2007 in Seminole County, Florida where Petitioners were seeking injunctions against Domestic Violence or Repeat Violence. d) Transcript of the 6(b) Hearing before the Judicial Qualification Commission that occurred on June 28, 2007; e) Transcript of the 6(b) Hearing before the Judicial Qualification Commission that occurred on February 28, C. REBUTTAL WITNESSES Any rebuttal witnesses to matters raised by Special Counsel during Special Counsel s case in chief. D. JUDGE ERIKSSON S OBJECTIONS TO JQC s EXHIBIT LIST None. Respectfully submitted this 31st day of October, CHANDLER R. MULLER, of LAW OFFICES OF MULLER & SOMMERVILLE, P.A Louisiana Ave., Suite 2 Post Office Box 2128 Winter Park, FL Telephone: (407) Facsimile: (407) cmuller@cmullerlaw.com Florida Bar No

15 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been delivered by Federal Express delivery this 31st day of October, 2008 to: Judge Thomas B. Freeman Chairman, Hearing Panel, Florida Judicial Qualifications Commission Criminal Justice Center th Street Clearwater, FL Michael Schneider, Esq. Special Counsel Florida Judicial Qualifications Commission 1110 Thomasville Road Tallahassee, Florida John Beranek, Esq. Counsel to the Hearing Panel Ausley & McMullen P. O. Box 391 Tallahassee, Florida Brooke Kennerly, Esq. Florida Judicial Qualifications Commission 1110 Thomasville Road Tallahassee, Florida CHANDLER R. MULLER, of LAW OFFICES OF MULLER & SOMMERVILLE, P.A Louisiana Ave., Suite 2 Post Office Box 2128 Winter Park, FL Telephone: (407)

16 Facsimile: (407) Florida Bar No