Foreclosure Defense Florida

WARNING!! TERRIFYING Video: Watch as an elderly Foreclosure Defense is Forcibly Arrested

Defending the rights of consumers and citizens who dare to take on the banks should not cause attorneys to be in conflict with the civil justice system, and attorneys who advocate for their clients in courtrooms certainly should not be treated to the kind of violence displayed in this video.

Pay careful attention to the brevity of the exchange between this attorney and the judge.  The attorney is clearly talking back to the judge…but you see as attorneys,

That is precisely what we are required by the rules of professional conduct to be doing!

When a judge is wrong, when a judge is out of line, an attorney is required to take reasonable steps to preserve those issues and the conduct for appeal. In this case however, watch how quickly the judge screams contempt and then the gang of bailiffs swarm in to take him down.

There are so many things that are terrifying about this….but keep in mind that when these things happen to long-serving and distinguished members of the bar…do you think anyone has any real security from violence?

There is no question but that this should have been handled much differently.  Anyone who’s spent any time in a courtroom has seen lawyers in heated and passionate arguments.  But never should there be a time when a lawyer doing his job is subject to physical confrontation.

I’ve had it happen to me…and every good foreclosure defense lawyer I know has experienced intimidation, threats, harassment.

Let that sink in for a moment.  One more time…

Every good foreclosure defense lawyer I know has experienced intimidation, threats, harassment.

An explosive confrontation between a judge and foreclosure lawyer led to a scuffle with bailiffs as attorney Stuart Golant was removed from the courtroom and charged with two felonies.

He was arrested Nov. 14 in Palm Beach Circuit Senior Judge Howard Harrison’s courtroom and jailed overnight. The incident came to light June 10 when Golant & Golant alleged in another case that the judge systematically discriminates against the law firm and its clients.

“It’s kind of a crazy mess,” said Golant’s wife and law partner, Margery. “This was an elderly man in a business suit arguing a case in court. There was no reason for anybody to touch him … and no reason for Judge Harrison to tell them to remove him.”

Golant, 70, was arrested after the judge found him in contempt and imposed a $500 fine.

 

GolantProbable Cause Affidavit

GolantNolle Pros

Opinion denying Writ – 6-10-15

The level of animosity between the judge and the petitioners’ lawyer based upon the facts in the motion, which are not merely based upon adverse rulings, is sufficient to create an objectively reasonable fear by petitioners that the judge is so biased against their attorney as to require his disqualification.

6 Comments

  • Wait wait wait “the gang of bailiffs swarm in to take him down.” No one can see that in the video; that’s a assumption without facts to support it. To me watching it a few times it looks like they went over to touch him on the arm him as if to say “cmon buddy walk away let’s go” and the lawyer started flailing. They didn’t run up on him or tackle him or anything crazy. To me it looks like the lawyer overreacted to the officer’s touch and it was off to the races of resisting. The judge didn’t order him arrested, but simply pay a civil fine. I can’t say I’ve ever felt the need to flail like that when a bailiff touched my back to direct me in the courtroom.

  • Mark Bowen says:

    Nothing to see here, move along.
    My question is: Why the need for more than one bailiff in a civil court? I’ve personally witnessed the use of up to 16 heavily armed bailiffs in foreclosure courts in Lee County; granted, this was in the early days of the Rocket Docket, but still. And, yes, heavily armed, why? We all go through security checkpoints just to get to the courtroom, and with the judges protected behind a massive barrier, sitting on high, why the need for so much security there? I believe it’s just part of the judicial structure which does not seek to simply adjudicate actions, but to control them, hence the judges’ sometimes concealed participation in the prosecution of foreclosure actions in which they’re commanded by their controllers (Chief Judges through the Supreme Court) to ensure a loss to every sucker Defendant who’s simply trying to defend their constitutional and contractual rights. All of this “in equity” of course, never mind the law. Many judges are arrogant, control freaks who simply refuse to be challenged, even in the law.

    • 16 bailiffs in a courtroom is quite the exaggeration. Sometimes there aren’t even 16 lawyers in a courtroom let alone bailiffs.

      And yes there are armed SHERIFFS there sometimes to fill in for a bailiff of provide help if the courtroom is too busy. This is because they are on duty sheriffs/police officers so they carry their weapons. It is not some conspiracy theory as you hint.

      • Mark Bowen says:

        I’m not hinting to any conspiracy, they do this in open court, blatantly. As an attorney, though, it only figures that you would seek to somehow protect the sanctity of the legal profession and the court. As to the 16 bailiffs, in the many dozens of hearings and trials that I’ve attended in the past six years, I can tell you that the court’s use of armed deputies as bailiffs is the norm (I’ve never seen a bailiff in Lee County’s courtrooms that wasn’t a deputy). Further, on that day in the Rocket Docket, sometime in June of 2011, I counted 16 armed deputies in the large courtroom at one time in front of Senior Judge Thompson and, in my opinion, this could only have been to intimidate or otherwise scare the few defendants that were there at the time into folding under the pressure of their presence. There is an unjust and unholy relationship between the courts and law enforcement in this state which has served to force the justification of the court’s position as it pertains to mortgage foreclosure actions in general in support of Florida Statute 702.01 which is, in my opinion lawful, but unconstitutional as it relates to the current mortgage lending practices of the last decade.

  • Mark Bowen says:

    In my opinion, if a deputy bailiff even simply touches someone in court while not having been directed by the judge to do so is tantamount to assault. I’ve seen bailiff’s “escort” an elderly man out of court with extreme force, on orders from the rocket docket judge, simply because he demanded (well within the court’s mandate for order and decorum) his due process right to plead his defenses at a summary judgment hearing. The point is, who’s court is it really? The answer in the eyes of the judge, bailiff and administration is, clearly, not the peoples’ court. I personally see no reason to employ the services of more than one bailiff in a civil courtroom, and there is no need for that bailiff to be armed to the teeth the way they all are. There’s really no other purpose for this but for intimidation; the judge in a civil court is never in any danger.

    • You keep saying the same thing over and over and clearly don’t know how the courts actually work. In many courthouses, these “bailiffs” as you call them are sheriff deputies, on duty cops, because there is no bailiff available. The courts are GROSSLY underfunded so there aren’t bailiffs to go around for all judges. In some counties these sheriff deputies rotate into courthouse security and the criminal courts, hence they are armed. Some counties the bailiffs are not armed at all; unless a deputy steps in if the bailiff is out sick. “To the teeth” quite not, not anymore than any cop on the street with a gun and something non-lethal like pepper spray or a taser. I get you’re anti-government but you’re distorting the facts now.

      There are also stories in the news about lawyers sneaking guns into courthouses and shooting up the place I believe in Texas, and brawls in judge’s chambers by a husband and wife (close by in Broward in fact). The deputy’s job is protect everyone, including the judge, period. That is why 2 approached because they don’t know this guy from a hole in the wall. Many lawyers who practice regularly in 1 courthouse or in front of a few judges know the bailiffs personally and they’re all decent and nice people from my experience.

      Again, this is rile up the public type journalism. You cannot see definitively in the video if the officers grabbed him or merely put there arms out to direct him toward the door and he flailed first. This article is full of assumptions with no witness accounts and the video shows nothing.

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