Sometimes you can do the best job of defending your client's position, be the tops and an expert in your field even on land use law, but when you have a judge presiding over a case who has admitted that he sought the help of a psychologist, then you know you have problems right at the gate. When you have a judge that has been rated only excellent by 39 out of 142 for Impartiality (Freedom from bias & prejudice) then you get a bunch of red flags. Click here.
Judge McCarthy was the judge assigned to the motion to dismiss, Laurel Decker vs. the City of Lake Worth case on the heights amendment that was won at the polls. As you recall, Decker dismissed the case directly after that court appearance.
Today in the Palm Beach Post, it is revealed that one of McCarthy's opinions was overturned in the appeals court when he presided in Family Court due to his abrasive manner. He then was transferred to civil cases. That's when Decker became unlucky--it was the bad luck of the draw.
"All right. Before you give me any of that crap, and I really don't want to hear about how the parties hate each other, I don't give a damn about that."Although Christy Goddeau did a good job in defending the City of Lake Worth's position and even was congratulated for it by city manager Michael Bornstein and city attorney Glen Torcivia, nothing was really won. It is a skill to "read" a judge especially if you are an out of town attorney who has never appeared before a particular judge. Laurel Decker had such an attorney.
~ Judge Timothy McCarthy
This commission played hardball against the people they represent because they didn't like the outcome of the vote. They totally brushed them off like a speck of dust and slapped them down. It's not over til it's over.
11 comments:
you talk about bad commissions. I remember back around 08 with that dreadful one. this one is even worse.
Hey Szerdi- imagine this post card going out against you if you decide to even try to run again-- "HI. I'm John Szerdi and I spit on your right to vote".
I repeat... so it's the judge's fault, not the State Law?
Thank you for keeping this alive. They are hoping that all we voters will forget about what they did. The only way I could forget about it is if I suffer too much with a tax increase. Then I will be pissed at them forever.
You repeat in a little more cordial manner--
It was not proved in a court of law. As the judge said, any way that he ruled it would be in the Appellate court.
Nothing is the judge's fault. I was pointing out his known personality issues.
Most attorneys are not fans of Judge McCarthy, myself included. And indeed you are correct, when you pull a Judge or there is a judicial rotation you don't know who you will end up with.
But, putting that all aside, I don't think this ruling had anything to do with the Judge's personality.
Oh please...there was NO ruling by the judge.
Can you clarify? You say "As you recall, Decker dismissed the case directly after that court appearance."
Maybe it's just jargon but did she drop the case or did the judge dismiss the case?
Was the motion to dismiss granted? If so, wouldn't the city have won the motion?
Decker filed for Voluntary Dismissal which was granted. If you want to understand this, please ask Torcivia or Google.
This is the WORST, WORST, WORST COMMISSION EVER.
Voluntary Dismissal is a tactic to avoid Dismissal With Prejudice.
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