Terri Schiavo update: Judge Baird's is OFF case.

Hospice Patients Alliance ^ | 1-5-04 | Ron Panzer

[cpforlife.org]

This is a Hospice Patients Alliance Special Update Jan 5, 2004, sent out periodically to inform the public about news affecting hospice and end-of-life care.

We have just confirmed that ALL of Judge Baird's cases, INCLUDING the suit by Michael Schiavo v Gov Bush related to the Terri's Law, challenging its constitutionality, HAVE been transferred to Judge Nelly Khouzam. This information came directly from Judge Khouzam's assistant. Judge Khouzam is known to be a "by the book" tough, but fair judge.

For a little about Judge Khouzam see:

"Diminutive judge sits tall behind the gavel" Northpinellas St Petersburg Times 12/29/2002 http://www.sptimes.com/2002/12/29/NorthPinellas/Diminutive_judge_sits.shtml

The court is NOT explaining why the judges were suddenly switched, except to say that "judges rotate from time to time." We believe it might have something to do with:

Local PINELLAS COUNTY COURT BAILIFFS AND COURT EMPLOYEES WERE TAKING BETS ON WHETHER TERRI WOULD DIE OR NOT!!!

It was widely reported that Judge Baird made reckless and prejudicial comments in support of Greer and Felos and against Jeb's lawyers way before he had heard the evidence from the Governor's attorneys.

In other words, Judge Baird's comments are the likely reason local Pinellas County employees were doing "inside betting" that the local Pinellas County Judges would back each other's poor and constitutionally illegal decisions against Terri's constitutional rights and thus overrule Jeb Bush and Terri's Law. The 6th Circuit Judges are upset to have anyone tell them they are morally and legally wrong...... whether it's constitutionally illegal or not to murder Terri.

Conducting inside betting on the case is a severe violation of the code of conduct for court employees! Whether that is, or is not, the reason the judges have been switched, the very important change in judge can be extremely significant to what happens to Terri. We are hoping that Judge Khouzam will give the Gov a fair hearing in the case and allow the discovery he sought (which was denied by Baird). If Judge Khouzam allows some discovery as requested by Gov Bush, it could make all the difference!

You heard it hear first!

Ron Panzer President, Hospice Patients Alliance http://www.hospicepatients.org

[cpforlife.org]

This is an e-mail which was forwarded to me from Debi director of Children of God for Life

She has been instrumental in the case.

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[T'wit]

Baird was godawful. This can't be worse, might be far better, so -- hooray!

[dandelion]

BUMP!!!

[cpforlife.org]

Sorry about title.

It should read:

"Terri Schiavo update: Judge Baird is OFF case."

[cpforlife.org]

Terri PING….
Please let me know if you want on or off my Pro-Life Ping List.

[HuntsvilleTxVeteran]

I like the original title.
I was thinking his brain was off.

[syriacus]

Thanks for the update!! I'm hoping this is another positive turn of events for Terri.

[BushCountry]

This is great! I just hope it doesn't prove the old adage, "Be careful what you wish for!"

However, I agree with, there is a very good chance that this is helpful to her cause, which of course is staying ALIVE and getting TREATMENT!

[msmagoo]

Great news! She has a reputation for being fair, a quality she will hopefully put to good use in the Schiavo case. She was also named Jurist of the Year in 2002.

(09-23-02)
Jurist of year says be 'up front and honest' in court

Aja Whitaker
Staff Writer
CLEARWATER — Judge Nelly Khouzam urges the public not to believe everything they see on television, especially with regard to courtroom dramas.

She also hopes that high-profile cases that generate extensive media attention do not erode faith in a judicial system that some have lost confidence in throughout recent years.

The soft-spoken native of Egypt sits on the bench in the criminal division of the Sixth Judicial Circuit of Florida in Clearwater. Khouzam imposes strict rules about courtroom procedure and behavior but said she does not raise her voice while serving as a criminal administrative judge and a judge for habitual offenders.

"I hope to continue working hard and trying to dispense justice in a fair manor," said Khouzam. "It is an awesome responsibility we judges have. Once you have this black robe around you, you have to be careful."

Taking individual responsibility seriously while maintaining high industry standards can help elevate the profession as a whole, she said.

The American Board of Trial Advocates recently recognized Khouzam for career achievements and named her Florida Jurist of the Year. Membership in the organization is obtained by invitation only, and the jurist of the year honor goes to a member with an understanding of issues and experience in handling complex litigation.

The award winner also must have completed 20 jury trials in civil litigation.

"In civil cases, because of the complexity of issues, it makes sense to settle the cases," she said. "A lot of people can't get to that number."

The American Board of Trial Advocates is comprised of an equal number of trial lawyers representing plaintiffs and defendants.

Khouzam was "humbled" by the statewide award that followed a nomination from the organization's Tampa chapter and a unanimous vote from Florida's 11 chapters. Prior to her appointment to the bench in June 1994, Khouzam was the only female member in the Tampa chapter.

Khouzam, along with six other felony judges, carries an average caseload of 900 pending cases per year and has a typical 30-page morning calendar of 60 cases.

To maintain order and ensure that cases are dealt with efficiently and fairly, Khouzam set guidelines for lawyers in her courtroom.

She asks that all parties be on time and refuses to entertain negotiations on the morning of a trial. Each lawyer is asked to follow an argument, response and reply sequence to eliminate unnecessary discussion.

Before becoming a judge, the University of Florida College of Law graduate was a staff attorney with the Florida Second District Court of Appeal in Lakeland, a shareholder at Fowler White Boggs Banker PA in St. Petersburg and a partner at Silberman & Khouzam PA in Clearwater, a firm she started with her husband.

When she is not handing out rulings and dispensing justice, Khouzam spends time with her husband, Morris Silberman, who also is a judge, and their 4-year-old daughter.

Khouzam's advice to young lawyers is simple: Be prepared and be honest.

"They need to work very hard to maintain their professionalism," she said. "All too often people get involved in difficult cases and you have to maintain your credibility. Judges won't remember whether you won or lost, but they will remember whether or not you were prepared. There is nothing wrong with a young lawyer saying, 'I don't know' or 'I will try to look into it.' Be up front and honest."

[dandelion]

IMPORTANT INFO!!!

Judge Nelly Khouzam is married to Judge Morris Silberman of the Second District Court of Appeals!!!

http://216.239.37.104/search?q=cache:R7N897pmJ_kJ:www.flabar.org/DIVCOM/JN/JNNews01.nsf/0/2a7422ec2e784cf385256c0c006ddfff%3FOpenDocument+khouzam+guardian&hl=en&ie=UTF-8

How does this possibly affect the case?

---SNIP---

Morris Silberman
BIRTHDATE: September 16, 1957
BIRTHPLACE: Philadelphia, PA
SPOUSE: Nelly N. Khouzam
CHILDREN: One
DEGREES: J.D., University of Florida College of Law, 1982; B.A., Philosophy and Political Science, Tulane University, 1979.

LEGAL OFFICES & POSITIONS: Judge, Second District Court of Appeal, 2001-present. Private practice: Morris Silberman, P.A., Clearwater, 1988-00; Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A., Clearwater, 1986-88; DeManio, Harrison & Associates, Sarasota, 1984-86; senior law clerk to Honorable Herboth S. Ryder, Second District Court of Appeal, 1982-84.

BAR OFFICES & ACTIVITIES: The Florida Bar: Board of Governors, 1996-00; Budget Committee, 1998- 01, chair 1999-00; Grievance Mediation Committee, 1997-00, chair, 1998-99; Election Reform Special Committee, 1998-00, chair, 1999-00; Member Benefits Program, 1997-00, chair, 1997-98; Executive Committee, 1998-00; Communications Committee; Special Committee on Merit Selection and Retention; Program Evaluation Committee; Discipline Review Committee; Access to Legal System; Liaison to: Appellate Practice & Advocacy Section; Rules of Judicial Administration Committee; Voluntary Bar Liaison Committee. Current Committee Memberships: Judicial Administration, Selection and Tenure Committee, vice chair, 2002- 03; Appellate Court Rules Committee; Rules of Judicial Administration Committee; Second DCA Liaison to: the Executive Council of the Appellate Practice Section of The Florida Bar; the Real Property, Probate, and Trust Law Section of The Florida Bar.

Other Committee Activities: Sixth Judicial Circuit Grievance Committee; Business Litigation Committee;

Sixth Circuit Committee for Florida Bar President's Pro Bono Service Awards, chair, 1997-99;

Civil Appellate Practice Committee;

Civil Procedure Rules Committee;

Financial Institutions Committee;

Sixth Judicial Circuit Pro Bono Committee.

The Clearwater Bar Association: president, 1993-94; president-elect, secretary, director, 1989-95; editor of association newsletter.

Chair: Professionalism Committee;

Independence of the Judiciary Committee;

Appellate Law Committee; Judicial Poll Committee;
treasurer, Young Lawyers Section; trustee, Clearwater Bar Foundation; vice chair, Bench and Bar Liaison
Committee; Sixth Judicial Circuit Professionalism
Committee; Professionalism Implementation Procedures
Committee. Barney Masterson Inn of Court, 1991-94, 1996-98.

OTHER CIVIC ACTIVITIES:
Board of directors, Pinellas Youth Symphony, 1999-01;
board of directors, Leadership Pinellas, 1999-01;
chair, 1997 Youth Leadership Pinellas Selection Committee;

Development Council for the Upper Pinellas Association for Retarded Citizens Foundation, 1991-93;

Tulane University Alumni Admissions Committee, 1986-95;
Clearwater Chamber of Commerce, Phillies Committee, 1989-93;

member, The Cardozo Society of Pinellas County (lawyers association), 1995-present.

PUBLICATIONS:
Chapter: Pretrial Stipulations and Orders” in Business Litigation in Florida, published by The Florida Bar Business Law Section, 1991, 1994, 1998, 2000.

Continuing legal education materials for The Florida Bar:

Ethical Considerations Relating to the Representation of Clients in Real Estate Transactions, 1998;

Ethical Considerations and Conflicts Among Interested Parties, 1993, 1995, 1997;

Ethical Considerations in Representing a Land Trust and its Principals, 1991.

Co-author, Local Rules and Administrative Orders, 1989 Pinellas County Local Practice Handbook.

Lectured extensively on topics relating to litigation, ethics and professionalism.

[dandelion]

WEIRD CONNECTION/SCHIAVO LINK:

Judge Khouzam was a shareholder for Fowler White et al. before becoming judge. Fowler White et al. not only represented State Farm in the suit against Jay Wolfson;

http://www.sweetliberty.org/bulletins/terri/wolfson.htm

but one of their lead attorneys is a new member of the BOARD OF DIRECTORS for LIFE PATH HOSPICE in FLORIDA...

http://www.fowlerwhite.com/whatsnew/press-releases/june2_2003.shtml

---SNIP---

June 2, 2003, Tampa, FL

Cathy R. LeBeau, an attorney with the law firm of Fowler White Boggs Banker, has been elected to the Board of Directors of Life Path Hospice.

Ms. LeBeau practices in the firm’s Health Care Practice Group where she concentrates her practice in the area of health care litigation and representation of health care providers in matters involving anti-kickback laws, Stark, fee-splitting, patient brokering, False Claims Act, Medicare and Medicaid regulatory requirements, health care pricing, medical staff issues, informed consent, advance directives, medical records, HIPAA, EMTALA, mental health care, and physician practices.

Fowler White Boggs Banker is one of Florida's oldest and largest law firms with more than 180 attorneys in seven offices in Ft. Myers, Naples, Orlando, St. Petersburg, Tallahassee, Tampa and West Palm Beach.

---SNIP---

Interesting, no? We need to find out pronto if Judge Khouzam still has shares in Fowler White et al, or if any past association might influence her judgment on this matter. Is there no one in Pinellas County who is not influenced by Hospice?

[a5478]

I can't help but be heartened by the change. I think this is someone who is not attached to Felos and company. I am hoping this is the answer to prayer and activism.

[Mr. Silverback]

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

[trussell]

Since she is a female and a mother, maybe she will be more sympathetic to the female and parent side of this!!

Prayers for God's intervention!! Hopefully this is the answer to all our prayers.

trussell

[dandelion]

I'm with you on that one - I'm praying this will be a change for the better. I'm just not sure.

These connections are a little strange, and I'd like to know more about her associations with Fowler White et al. They are a little connected for my taste, but I leave that to those who know Pinellas better than I do...

[daylate-dollarshort]

I wouldn't get so excited. This is a normal rotation of judges.

Every Circuit Court in Florida rotates judges between divisions periodically. This is done by an Administrative Order by the Chief Judge, in this case The Honorable David A. Deemers, Chief Judge of The Sixth Judicial Circuit.

This change of judges has nothing to do with any misconduct, suspicion of predjudice or anything else out of the ordinary, rather it is the result of Administrative Order No. 2003-056 PI-CIR, which was signed and ordered on the 29th day of August, 2003.

[a5478]

Then hurray for normal cycyle of judges! I still don't think she is predisposed to rule against Terri Schiavo.

Could we have counted on the change all along?

[cpforlife.org]

PING

[daylate-dollarshort]

It was ordered back in August. If you knew about it then, you could have counted on it.

She might not be inclined to rule against Terri Schiavo but I wouldn't count on her not to rule against Governor Bush- THAT IS IF SHE HEARS THE CASE!!

Remember- the hearing has ALREADY been argued before Judge W. Douglas Baird. He announced that he would deliver hi opinion (verdict) after the Second District Court of Appeals ruled on other matters. He likely will indeed publish that decision.