Judge Timothy McCarthy, Judge in Heights Case, to retire this year

A little trivia for the day--

2013 Palm Beach County Bar Association Judicial Evaluation Results .  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, 56 to 44 percent. But the results of elections don't matter in Lake Worth with this commission.

McCarthy is retiring on December 1, 2014.

An old saying goes something like this: "A good lawyer knows the law, but a great lawyer knows the judge. As a result, part of your pre-filing diligence should include an educated guess about the judge’s reaction to your motion."  In this case, Respectful Planning PAC retained a lawyer, a top expert in land use regulations, from a different county on the other side of the State. From what I could tell, he made a professional judgment call while presenting the case of all those who won the election against the City.

Also, as you know, it is really tough fighting City Hall. The odds are great against Joe Citizen as the city has unlimited funds along with professional human resources to go against the people as seen once again in the general obligation bond referendum held on August 26.

Laurel Decker ended up dismissing the Heights case.  In most courts, voluntary dismissals are usually without prejudice to refiling them. So, it may not be over. And this could come back before a different judge.

It's all a Crap Shoot

Comment Up

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."
~ Judge Timothy McCarthy

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.

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.

Judge Timothy P. McCarthy

Comment Up

Some important trivia to consider:

2013 Palm Beach County Bar Association Judicial Evaluation Results .  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.

JUDGE or HEARING OFFICER
Number of Responses:  142

TIMOTHY P. MCCARTHY 142 47 54 32 --39 48 48-- 31 64 40 --21 35 78-- 45 69 20-- 39 67 26-- 51 61 18-- 53 41 38-- 53 53 23

Knowledge and Application of the law
Excellent:  47
Satisfactory:  54
Needs Improvement:  32

Impartiality (Freedom from bias & prejudice)
Excellent: 39
Satisfactory: 48
Needs Improvement: 48

Dilignece & Preparedness
Excellent: 31
Satisfactory: 64
Needs Improvement: 40

Judicial Demeanor & Courtesy to lawyers
Excellent: 21
Satisfactory: 35
Needs Improvement: 78

Control of courtroom
Excellent: 45
Satisfactory: 69
Needs Improvement: 20

Case Management (efficiency in handling caseload)
Excellent: 39
Satisfactory: 67
Needs Improvement: 26

Punctuality & timeliness in rendering rulings & decisions
Excellent: 51
Satisfactory: 61
Needs Improvement: 18

Common sense (Use of practical considerations in decision making)
Excellent: 53
Satisfactory: 41
Needs Improvement: 38

Enforcement of standards of professionalism
Excellent: 53
Satisfactory: 53
Needs Improvement: 23 

The Greater Bay Settlement and who to Blame

Comment Up

Dear Mayor and Commissioners:

I had the opportunity to observe much of Attorney Joslyn's performance at the meeting during which he recommended the City pay $1.6M to settle Greater Bay v. The City of Lake Worth. He blamed his diffidence in going to trial on local bloggers, activists, and former Commissioners, but neglected to include his own firm's action and lack of action as the first and main cause of the problem.

Boose, Casey, Ciklin, et al sent two attorneys to be present at the 2 days of contract negotiations between the City and Greater Bay, presumably to protect Lake Worth's interest. Apparently neither of these contract and real estate professionals, nor any other members of their firm did any background check of Mr. Peter Willard before drafting up a three part contract, giving him control of what was to happen at the Beach for well over 40 years.

Had they done even the most cursory investigation of Mr. Willard's record, red flags would have been raised which likely would have stopped the partnership. Instead, a three part contract was drafted, the 40+ year term of which violated the City Charter and put the City in jeopardy.

The Construction phase of the contract set no time limit on Greater Bay's finishing the project. This was so egregious that Mr. Willard himself laughed up his sleeve at its inadequacy in protecting the City.

Casey, Ciklin then unsuccessfully attempted to defend the 3 leases, which were in violation of the City Charter, and  were in the aggregate, indefensible. Judge Fine heard their Motion to Dismiss and said,  "Your motion is alluring, but I'm going to deny it."

In total, the contract has resulted in a loss of almost $3M for the City of Lake Worth and its taxpayers, a loss that could have been avoided had Boose, Casey, Ciklin etal investigated Mr. Peter Willard's background and had they drafted contracts that were legally sufficient, given the parameters of our City Charter.

Perhaps this firm has done some work beneficial to the City in the past, but I suggest that it may be time for the City to seek alternate representation, should the need for outside counsel present itself in the future.

Sincerely,

Laurence McNamara

Chairman, Citizens Come First