Peter Schorsch
Florida takes the top spot among the states in more than a few lists, but it earned a “distinction” from the American Tort Reform Association which said the Sunshine State was the No. 1 “Judicial Hellhole” in the country.
Florida was one of eight states or judicial districts getting a write up in 2017-2018 Judicial Hellholes, earning the top spot in the ring of dishonor alongside courts in California, St. Louis, New York City, Philadelphia, New Jersey, Illinois and Louisiana.
“The Florida Supreme Court’s liability-expanding decisions and barely contained contempt for the lawmaking authority of legislators and the governor has repeatedly led to its inclusion in this report. And though the high court’s plaintiff-friendly majority this year shrunk from 5-2 to 4-3, a hushed discussion between two majority justices recently caught by an open microphone suggests that this majority is as partisan as ever and brazenly determined to influence the judicial selection process as three like-minded colleagues face mandatory retirement in early 2019,” the report said.
“Meanwhile, an aggressive personal injury bar’s fraudulent and abusive practices in South Florida and elsewhere have also tarnished the state’s reputation. Encouragingly, at least some plaintiffs’ lawyers who’ve crossed the line are being held accountable, either with stiff court sanctions or criminal prosecutions. But with the help of some lawmakers, too many are still getting away with too much, and for the first time in this report’s 16-year history, enough shade has been cast on the Sunshine State to rank it as the nation’s worst Judicial Hellhole.”
The 2017-2018 report is the first in the 16-year history of the “Judicial Hellholes” series to name Florida the worst.
The report cites Justice C. Alan Lawson replacing retired Justice James E.C. Perry as a move in the right direction, but the report blasted the court for allowing Perry to help decide cases he had started to hear before his retirement date.
The ATRA cited a memo from Edward Whelan of the Ethics and Public Policy Center in calling that practice “contrary to the Florida Constitution.”
“It’s one thing to decide already-argued cases without the new member. It’s quite another thing to allow the retired justice to displace the new member in those cases. This elementary distinction seems to have escaped the Florida Supreme Court,” the snippet from Whelan said.
The report also blasted Florida Supreme Court rulings in medical liability cases that it said are detrimental to both patients and healthcare providers, while also making it more difficult to solve disputes disputes without litigation. It also warned that Florida attorneys are bracing for the court’s anticipated rejection of higher standards for expert testimony used in all federal and most state courts.
The Florida Chamber of Commerce pointed to the report as vindication for what it has been saying all along – that Florida’s legal system is one of the worst out there.
“Lawsuit abuse in Florida is an increasingly serious and expensive problem, and it just keeps getting worse. On average, it translates into a $3,400 ‘tax’ for Florida’s families each year, due to increased lawsuit abuse costs,” said Florida Chamber President and CEO Mark Wilson.
“There have been five Wall Street Journal articles this year alone talking about Florida’s horrendous lawsuit abuse, the national Institute for Legal Reform named Florida the fifth worst state for legal climate, and now the American Tort Reform Association ranks Florida as the worst Judicial Hellhole, how much more evidence do lawmakers need to take action,” Wilson continued.
3 comments
Jessie Weiner
December 5, 2017 at 7:01 am
Florida’s judicial system, including the Family Law System and Courts is completely out of control. Judges in the Sixth Judicial Courts, Pasco County Florida, show consistent abuse of discretion, and exert power and control significantly over and above their legal authority. My husband was recently jail in this very county for “liking” a FaceBook post, along with the judge ordering me to disclose my social security number to my husband’s ex wife. There is no judicial accountability, or oversight, and these judges are allowed to do as they see fit- regardless of the law
Randall Townsend
December 5, 2017 at 9:36 am
See http://www.Judgeoneforyourself.com
For a 30 year trail of this corruption!
John DiGiacomo
December 6, 2017 at 9:19 pm
New York isn’t just the city, I’m in Suffolk County, and am dealing with a predatory guardian, and a complicit judge. The guardian has cut off money for food, groceries, medications, and utilities. I called elder abuse, and Social Services said to tell the judge, I told them I wrote him seven letters, they said they could do nothing. They also told me if I did not provide these things, I could be charged with neglect. The guardian has not paid property taxes, filed for Star, or VA benefits, lied on the initial filing, lied in testimony, forced my mother for an evaluation on the day she was diagnosed with a UTI, and a BP of 70/60. He has one objective to sell all my mother’s property and force her into a nursing home. As I also have claim to the commercial property, that is being ignored. The judge approved the move before I was allowed to speak, then told me my testimony would not matter, he refused to accept evidence of lies, incompetence, abrogation of duties, he also refused to allow a witness, and allow my mother to state her preferences, and demanded I take her home before testimony from people who had slandered me in depositions. He has since refused to allow a postponement in order to allow my mother representation from DRNY, and is going ahead with the property sale despite my claim, and objection. The Tenth Judicial Grievance Committee, and the NYS Commission for Judicial Conduct, have had complaints filed for months, with no results, only acknowledgments of receipt. This began last year, and the withdrawal of funds began in May, as did the complaints. The only bills being paid, are the ones for legal fees for the guardian has advisors, and hisbfilings, all approved by the judge. It’s all of New York, and the people intended to oversee are non help, and the guardians are legal court assisted thieves.
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