Friday, December 23, 2016

STATE'S ATTORNEY RALPH JOSEPH LARIZZA UNWILLING OR UNABLE TO ANSWER ON SENTENCING DISCRIMINATION OR AFRICAN-AMERICAN LAWYER EMPLOYMENT AND RECRUITMENT?





RALPH JOSEPH LARIZZA, our estimable State's Attorney for the Seventh Judicial Circuit, recently disgraced himself by expressing anger at statistics. (Yes, reptile Republicans hate math, not just science.)  

 Those statistics -- assembled by Daytona Beach and Sarasota newspaper reporters -- show a statistically significant higher sentence for African-American defendants.

 LARIZZA's staff wrote the journalists an intimidating e-mail that stated:
It is disturbing (sic) and counterproductive (sic) to attack (sic) our sentencing practices based on flawed (sic) methodology … The Judges and all (sic) participants in the sentencing process are good, hard-working people who strive daily to do the right thing."

 Oh, really? LARIZZA's office has deep-seated flaws, including:
1. Refusal to interview law students at Florida A&M University, established by the legislature to remedy discrimination.
2. Refusal to explain why it won't interview at Florida A&M.
3. Delaying answers on the numberer of African-American attorneys in his office, spanning four counties.
4. Rejecting minority recruitment, saying it advertises job vacancies on a state website (other prosecutors recruit candidates -- evidently, LaLIZARD waits for them to appear, mirabile dictu.
5. Failing to comply with the applicable standard of care -- the National Prosecution Standards of the National District Attorneys Association, which LARIZZA previously admitted his office does not follow and has claimed that it does not even have a copy of -- which states in pertinent part:
It is the responsibility of the prosecutor to hire staff that reflects the composition of the community, where possible. The recruitment of qualified minorities is an essential aspect of this goal and should be incorporated into the hiring practices and procedures of all prosecution offices. While it is not the responsibility of the prosecutor to meet predetermined quotas, the office benefits by strong representation that reflects the community that is served.

 6. Has no data or documents supporting its public position (expressed to the Sarasota Herald-Tribune) on statistical evidence of racial inequality in sentencing in the 7th Judicial Circuit; he stated:
It is disturbing (sic) and counterproductive (sic) to attack (sic) our sentencing practices based on flawed (sic) methodology … The Judges and all (sic) participants in the sentencing process are good, hard-working people who strive daily to do the right thing."
7. Has no data or answers about what it plans to do about racial inequality in sentencing.  
8. Has no detailed critique of the newspapers' statistical methodology and any proposed alternative.
9. Claims it had no communications with judges on the issue raised by the articles.
10. Has no policy planning documents on sentencing inequality.
11. Claims it has no sentencing review procedures distributed to ASAs.  

See e-mails, below:



-------

-----Original Message-----
From: Ed Slavin
To: HathawayS ; larizzar
Sent: Fri, Dec 23, 2016 2:31 pm
Subject: INSTITUTIONAL RACISM?: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held

Dear Messrs. Larizza and Hathaway:
1. I find it odd that you are affecting a backward-bending labor supply curve or playing 'possum, and cognitive miser Scrooges, unjust stewards who can't (or won't answer) simple questions about what appears to be "institutional racism."  
2. Shall I say that you were unwilling or unable to say how many African-American employees you employee?  Or both?
3. One of my many mentors, the Hon. James Nelson Ramsey, Anderson County, Tenn. District Attorney General, first explained the meaning of "institutional racism" to me in 1981.
4. "Institutional racism" still apparently exists here in the Seventh Judicial Circuit State's Attorney's office, it would appear.
5.  Please get back to me ASAP on whether there are any African-American prosecutors.  
6. This matters and will not wait.
Happy holidays.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Fri, Dec 23, 2016 9:13 am
Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held

On vacation since Wednesday means they've been on vacation since Wednesday.

I am also on vacation right now. I won't be responding any more. 

On Dec 23, 2016, at 9:00 AM, Ed Slavin <easlavin@aol.com> wrote:

Dear Messrs. Larizza and Hathaway:
1. I asked you both two days ago, on Wednesday afternoon, at a time when HR was presumably still working. Did you call or write HR? Please provide documentation.
2. Do we have any African-American attorneys currently working at the State's Attorney Office for the Seventh Judicial Circuit?
__ yes
__ no
3. If yes, how many?  Names, please?
4. How many total attorneys?
5. What about interviewing at Florida A&M --- will you agree to do so?
___ yes
___ no.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Fri, Dec 23, 2016 8:34 am
Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held

Our offices are closed today through Monday and our HR people have been on vacation since Wednesday. 

On Dec 23, 2016, at 8:22 AM, Ed Slavin <easlavin@aol.com> wrote:
Dear Messrs. Larizza and Hathaway:
Please respond today with information on the number of African-American attorneys, total African-American employment, and whether you will agree to interview law students at Florida A&M -- you already currently interview at UF, FSU and Stetson.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: HathawayS <HathawayS@sao7.org>; larizzar <larizzar@sao7.org>
Sent: Thu, Dec 22, 2016 1:34 pm
Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held
Dear Messrs. Larizza and Hathaway:
1. Any word from HR on numbers of African-American attorneys, total number of attorneys, and plans to interview at Florida A&M?
2. Also, please consider placement conferences, like the one in Atlanta, where the Miami State's Attorney's office interviewed me in 1985, with a delightful callback interview in Miami.  Great way to meet diverse students of your choice from around the southeast.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: HathawayS <HathawayS@sao7.org>
Sent: Wed, Dec 21, 2016 1:54 pm
Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held

Dear Mr. Hathaway:
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Dec 21, 2016 1:48 pm
Subject: RE: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held
I will have to check with HR and get back with you on that number.
We have hired lawyers from Florida A&M and currently have lawyers from Florida A&M working for us.
Spencer S. Hathaway
Assistant State Attorney / Public Information Officer
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Wednesday, December 21, 2016 1:36 PM
To: Hathaway, Spencer <HathawayS@sao7.org>; Larizza, R.J. <LarizzaR@sao7.org>




Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held




Dear Messrs. Larizza and Hathaway:
1. How many African-American attorneys currently work for SAO7?  
2. Out of how many total attorneys?
3. SAO7 should interview at Florida A&M since you interview at Stetson, UF and FSU.  
4. The NDAA's National Prosecution Standards state:
It is the responsibility of the prosecutor to hire staff that reflects the composition of the community, where possible. The recruitment of qualified minorities is an essential aspect of this goal and should be incorporated into the hiring practices and procedures of all prosecution offices. While it is not the responsibility of the prosecutor to meet predetermined quotas, the office benefits by strong representation that reflects the community that is served. 
5. Will you agree to interview at Florida A&M?
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Dec 21, 2016 1:14 pm
Subject: RE: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held
The People First employment portal is open to all prospective law students/employees. There are 11 law schools in Florida, we don’t visit the vast majority of them, but we consider applications from all law schools.
Spencer S. Hathaway
Assistant State Attorney / Public Information Officer
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Wednesday, December 21, 2016 1:06 PM
To: Hathaway, Spencer <HathawayS@sao7.org>; Larizza, R.J. <LarizzaR@sao7.org>
Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held
Dear Messrs. Larizza and Hathaway:
What about Florida A&M?  
Why no on-campus interviews there?
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Dec 21, 2016 1:00 pm
Subject: RE: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held
We submit vacancies with People First (the State of Florida employment portal). Our communications with the various law schools are done through the Career Development Offices – they handle the advertisements.
The two advertisements we submit through People First are attached. I’ve also attached a recent email to three law schools regarding openings.
Spencer S. Hathaway
Assistant State Attorney / Public Information Officer
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Wednesday, December 21, 2016 12:48 PM
To: Hathaway, Spencer <HathawayS@sao7.org>; Larizza, R.J. <LarizzaR@sao7.org>
Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held
Dear Messrs. Hathaway and Larizza:
1. Does the Seventh Circuit State's Attorney office ever advertise attorney vacancies in Florida Bar Journal?
2  Do you advertise interviews at the law schools?
3. Please send me copies of all ads and notices of position vacancies from 2015-2016.
4. Do you require graduation from an ABA-accredited law school, minimum GPA, law review membership, moot court, mock trial or other credentials or experience?
5. No interviews at other Florida law schools, including Florida A&M?  
Thank you.
With kindest regards, I am,

LEGAL NOTIFICATION: Florida Sunshine Statutes entail very broad public records requirements (F. S. 119). As required by law, all e-mails to and from the State Attorney's Office of Circuit 7 are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time. If you have received this communication in error, do not distribute it. Please notify the sender immediately by electronic mail and delete this message.



-----Original Message-----
From: Ed Slavin
To: HathawayS ; larizzar
Sent: Wed, Dec 21, 2016 12:48 pm
Subject: Re: Request No. 2016-503: SAO7 hiring criteria and procedures and list of law schools where interviews are held
Dear Messrs. Hathaway and Larizza:
1. Does the Seventh Circuit State's Attorney office ever advertise attorney vacancies in Florida Bar Journal?
2  Do you advertise interviews at the law schools?
3. Please send me copies of all ads and notices of position vacancies from 2015-2016.
4. Do you require graduation from an ABA-accredited law school, minimum GPA, law review membership, moot court, mock trial or other credentials or experience?
5. No interviews at other Florida law schools, including Florida A&M?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Dec 21, 2016 12:36 pm
Subject: RE: Request No. 2016-503: Hiring criteria and procedures and list of law schools where interviews are held

We have held interviews on campus at Stetson University, Florida State University, and the University of Florida in the past. We accept applications from any Florida Bar certified attorney that applies. Our hiring criteria is dictated by the position(s) needed at the time of the opening(s).
Aside from the visits to Stetson, FSU, and UF, all interviews take place in our offices.
Beyond this response, there are no documents responsive to your request.
Spencer S. Hathaway
Assistant State Attorney / Public Information Officer
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Wednesday, December 21, 2016 12:28 PM
To: Hathaway, Spencer <HathawayS@sao7.org>; Larizza, R.J. <LarizzaR@sao7.org>
Subject: Re: Request No. 2016-503: Hiring criteria and procedures and list of law schools where interviews are held
Dear Messrs. Larizza and Hathaway:
Please send me the SAO7 hiring criteria and procedures and kindly include a list of the law schools where interviews are held.
Thank you.
With kindest regards, I am,


-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: HathawayS <HathawayS@sao7.org>; larizzar <larizzar@sao7.org>
Sent: Wed, Dec 21, 2016 12:25 pm
Subject: Re: Request No. 2016-495: Racial inequality in criminal sentencing in our 7th Judicial Circuit and your angry response to newspaper investigations
Dear Messrs. Larizza and Hathaway:
May I please have answers to my questions about plans for improving minority attorney recruitment?
Thank you.
With kindest regards, I am,
-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Dec 21, 2016 10:37 am
Subject: RE: Request No. 2016-495: Racial inequality in criminal sentencing in our 7th Judicial Circuit and your angry response to newspaper investigations
There are no other documents responsive to your request.
Spencer S. Hathaway
Assistant State Attorney / Public Information Officer
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Wednesday, December 21, 2016 10:35 AM
To: Hathaway, Spencer <HathawayS@sao7.org>
Subject: Re: Request No. 2016-495: Racial inequality in criminal sentencing in our 7th Judicial Circuit and your angry response to newspaper investigations
Thank you.  Anything else?
With kindest regards, I am,
-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: Ed Slavin <easlavin@aol.com>
Sent: Wed, Dec 21, 2016 10:28 am
Subject: RE: Request No. 2016-495: Racial inequality in criminal sentencing in our 7th Judicial Circuit and your angry response to newspaper investigations
Your request was for “the full text of e-mails between SAO7 and the H-T.” There are no documents responsive to that request.
I have attached the emails between the SAO and the Daytona Beach News Journal concerning this story. 
Spencer S. Hathaway
Assistant State Attorney / Public Information Officer
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Wednesday, December 21, 2016 10:22 AM
To: Hathaway, Spencer <HathawayS@sao7.org>; Larizza, R.J. <LarizzaR@sao7.org>
Subject: Re: Request No. 2016-495: Racial inequality in criminal sentencing in our 7th Judicial Circuit and your angry response to newspaper investigations
Dear Messrs. Larizza Hathaway:
1. Are you sure there are "no documents responsive to [my] request?"
2. This seems a trifle hard to believe.  
3. For example, Item 7 embraces a document known to exist, quoted in the article, an e-mail from Mr. Larizza.
4. Please document your search techniques, including memos seeking documents from staff.
Thank you.
With kindest regards, I am,

-----Original Message-----
From: Hathaway, Spencer <HathawayS@sao7.org>
To: easlavin <easlavin@aol.com>
Sent: Wed, Dec 21, 2016 9:21 am
Subject: RE: Request No. 2016-495: Racial inequality in criminal sentencing in our 7th Judicial Circuit and your angry response to newspaper investigations
There are no documents responsive to your request.
Spencer S. Hathaway
Assistant State Attorney / Public Information Officer
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Tuesday, December 20, 2016 12:26 PM
To: Larizza, R.J. <LarizzaR@sao7.org>
Subject: Request No. 2016-495: Racial inequality in criminal sentencing in our 7th Judicial Circuit and your angry response to newspaper investigations
Dear Mr. Larizza:
1. Please send me any data or documents supporting your public position (expressed to the Sarasota Herald-Tribune) on statistical evidence of racial inequality in sentencing in the 7th Judicial Circuit; you allegedly stated:
It is disturbing (sic) and counterproductive (sic) to attack (sic) our sentencing practices based on flawed (sic) methodology … The Judges and all (sic) participants in the sentencing process are good, hard-working people who strive daily to do the right thing."
2. Please tell me -- and kindly provide documents -- about what you plan to do about racial inequality in sentencing.  
3. Please provide your detailed critique of the newspapers' statistical methodology and your proposed alternative.
4. Please provide all communications with judges on the issue raised by the articles.
5. Please include any policy planning documents on sentencing inequality.
6. Please provide any sentencing review procedures distributed to ASAs.  
7. Please include the full text of e-mails between SAO7 and the H-T.
Thank you.
With kindest regards, I am,

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