Wednesday, August 12, 2015

Should Florida JQC Review Judge's Issuing Warrant for Bill Rosenstock? Back to University of Florida Law School for Remedial "Retreading?"

(Corrected: contrary to Record reports, it was Judge Tinlin, not Judge Christine, who signed warrant).
Read the article below, and the Florida stalking statute.
Would any fair-minded judge versed in the Fourth Amendment have ever issued a warrant for Mr. Rosenstock's arrest for raising concerns about a vendor's alleged sexual assault conviction, with the only allegation that the vendor found it "annoying?"  This is retaliation for First Amendment protected activity, on its face.  Mr. Rosenstock's victory at St. Johns County Commission on August 4th (and his letter to the Editor of the St. Augustine Record on August 12th), do indeed appear "related" to the motivation of Mayor Andrea Samuels' St. Augustine Beach Civic Association in criminalizing dissent.
Mr. Rosenstock is a Coast Guard veteran, a highly skilled electrician who then worked in Courthouse security and has never been arrested before.
I hope Mr. Rosenstock hires a civil rights attorney and sues the St. Augustine Beach Mayor and Police and St. Augustine Beach Civic Association, including individual malefactors.
BUT under precedents dating back to 1869, Judge Tinlin has judicial immunity.
So, should the Florida Judicial Qualifications Committee review the Judge's actions, which on their face as reported below very closely resemble a Fourth Amendment violation?
Congressman Barney Frank once quipped that under President Reagan, Social Security Administration Administrative Law Judges who ruled too often for disability claimants were sent to "remedial judging school." Perhaps Judge Tinlin should, in the amiable words of my mentor (retired U.S. Department of Labor Chief Administrative Law Judge Nahum Litt about a onetime Civil Aeronautics Board lawyer) be "sent back to law school for retreading."

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