Posted on 07/12/2017 2:24:01 PM PDT by marktwain
Hirsch found that the changes to the law were “procedural,” meaning only the Florida Supreme Court has the right to make them.
Text of Section 2:A former prosecutor and current member of the legislature, Senator Rob Bradley, disagrees. He is the author of the law. He believes the appeals court will overrule Judge Hirsch. From usf.edu:
Administration; Practice and Procedure
(a) The supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any proceeding when the jurisdiction of another court has been improvidently invoked, and a requirement that no cause shall be dismissed because an improper remedy has been sought. The supreme court shall adopt rules to allow the court and the district courts of appeal to submit questions relating to military law to the federal Court of Appeals for the Armed Forces for an advisory opinion. Rules of court may be repealed by general law enacted by two-thirds vote of the membership of each house of the legislature.
But, Sen. Rob Bradley (R-Fleming Island)—the new law’s author—disagrees.If the courts rule that the Florida Legislature overstepped its authority in this case, an alternative would be to reform the law by making it similar to law in Washington state. In Washington, if a defendant is found not guilty after a self defense claim is made, the state pays the court costs and legal fees of the defendant. This would be another check on the power of prosecutors to punish defendants with process costs.
“I would be surprised if it were upheld on appeal,” he said.
Whole lot of “judges”, could surely use a good dragging behind a pick up
He’s right, actually. No one has any rightful authority over other people. So he doesn’t, either.
Too bad dip wad
You will be shown different
Because every liberal knows only judges can legislate.
Who’s got the power to impeach rogue judges like Miami-Dade Circuit Judge Milton Hirsch?
A judge does not have the power to legislate from the bench. He should be impeached for crimes against the state’s constitution. Do that a few times and judges will straighten up and fly right.
Aww now, he’s just mad that his parents named him Milton.
Rather than trust judges I would prefer requiring a decision to prosecute be reviewed by a three or four person panel or prosecutors and require unanimous assent of same to approve.
There may be States where a preponderance of officials are anti-gun rights but such places probably don’t have SYG laws anyway.
Naturally, loser pays (especially if it’s the State) is all good, though many people could run out of funds long before they ever won to get reimbursed.
I would go further, on general principal, and eliminate any form of civil liability unless there is actually a conviction for a crime. That way there would be no “wrongful death” lawsuits brought as a further form of legal harassment.
(I normally bring up this last in relation to asset forfeiture)
Pound sand, judge.
Milton Hirsch? Hmmmm.
Not much of a scalp there...have to make do with the beard.
“Controversial”....euphemism for a WORLD CLASS PRICK!
I am so fed up with liberal judges legislating from the bench. The American judicial system is worthless. Judges like him should be disbarred
Tarred and feathered would be better!
The bill that became law https://www.flsenate.gov/Session/Bill/2017/128/BillText/er/HTML
Analysis by Cmte on Judiciary https://www.flsenate.gov/Session/Bill/2017/00128/?Tab=Analyses
Approved by the governor http://laws.flrules.org/2017/72
The law prior to the bill http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html
From what I understand, a previous congress vested authority in the courts to determine procedural rules on these cases, and the legal ruling is actually grounded in existing law. It may be debatable, but is not as clear as identified here.
“Hanging Judge” needs to take on a new meaning.
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