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Lista: ibap (Fique atento: dicas no rodape!)
Mensagem enviada por: "Sergio Severo" <[EMAIL PROTECTED]>
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�tima mat�ria Gustavo, mas penso que a OAB tem uma importante fun��o no
sistema de controle j� existente, na medida em que h� a COORDENA��O DOS
FOROS, atividade vinculada �s Seccionais, cuja atividade envolve controle,
apenas n�o envolve decis�o, na medida em que eventuais problemas seriam
encaminhados � CORREGEDORIA JUDICI�RIA e julgada pelos pr�prios ju�zes,
atrav�s dos �rg�os pr�prios do Judici�rio, o que me parece bastante adequado
e pass�vel apenas de melhoras t�picas. Mas o ponto importante da mat�ria me
parece ser o fato de os americanos terem problemas semelhantes aos nossos no
que tange ao exerc�cio desse controle.
Um abra�o, Severo
----- Original Message -----
From: Gustavo Amaral <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Saturday, October 23, 1999 7:38 AM
Subject: [IBAP] controle externo do judici�rio
> -----------------------------------------------
> Lista: ibap (Fique atento: dicas no rodape!)
> Mensagem enviada por: "Gustavo Amaral" <[EMAIL PROTECTED]>
> ----------------------------------------------
>
>
> Em tempos de discuss�o sobre controle externo, divulgo a not�cia abaixo.
> N�o a defendo para o Brasil, pois acho que os membros do comit�, referido
na
> not�cia, n�o fariam outra coisa na vida salvo ouvir reclama��es...
>
> GUSTAVO AMARAL
>
> Lawyers vs. Federal Judges?
>
> District's chief judge appoints 10 lawyers to screen gripes and give
> juristsfeedback on improving efficiency
>
>
>
> Mary Hladky
> Miami Daily Business Review
> October 22, 1999
>
>
>
> Are you sick and tired of waiting for a tardy federal court judge who
can't
> seem to start court hearings on time? Have you all but given up on getting
a
> key ruling in an important case? Is steam coming out of your ears because
> your case is stalled until a judge rules on a motion to compel discovery?
Go
> ahead and complain. In fact, Chief U.S. District Judge Edward B. Davis is
> encouraging that.
> Davis has appointed 10 prominent South Florida lawyers to the Federal
> Judicial Evaluation Committee. Lawyers with a gripe or suggestion can
speak
> with individual members or the entire group, which will pass along the
> comments to a particular judge or the entire federal bench when warranted.
> The names of the lawyers will be kept confidential.
> "We don't get feedback," Davis said. "This to me is something that causes
> great difficulty."
> Davis has appointed seasoned and respected lawyers with the expectation
that
> other practitioners will trust them to protect their anonymity. He also
> expects that committee members will weed out petulant whining but report
> valid or constructive criticism and comment.
> Prominent Miami civil litigator and criminal defense lawyer Robert C.
> Josefsberg chairs the new group, which also includes his law partner Aaron
> S. Podhurst. Other members are U.S. Attorney Thomas E. Scott, Federal
Public
> Defender Kathleen Williams, James T. Hendrick of Key West, James Jay Hogan
> of Miami, Henry Latimer of Fort Lauderdale, Edward A. Moss of Miami,
Richard
> V. Neill of St. Lucie County and Sidney A. Stubbs of West Palm Beach.
> "Everyone blows smoke at [federal court judges]," Josefsberg said.
"Everyone
> says, 'You are terrific.' When you walk away, they say, 'What an idiot.'
> Judges know this. They can never get any constructive criticism. They want
> to know what they can do to improve."
> Yet lawyers are afraid to speak out because of fear of repercussions.
"This
> committee is a vehicle through which the lawyers in the community can
state
> their complaints and suggestions and have it get to the bench without it
> being a personal thing," he said.
> The committee doesn't want to hear lawyers gripe about an adverse ruling.
> Members don't intend to act as an appellate court. But they do want to
know
> about systemic problems or a continuing practice of a particular judge
"that
> is not in the best interest of the administration of justice," Josefsberg
> said.
> This concept isn't new. In fact, Senior U.S. District Judge James Lawrence
> King created a similar committee in 1984 shortly after becoming chief
judge.
> It was chaired first by Podhurst, then by Josefsberg, but was disbanded
> after Senior U.S. District Judge Norman C. Roettger became chief judge in
> 1991.
> King had the committee chair attend judges meetings so the comments could
be
> heard and discussed by all the members of the federal bench. "We got real
> input," King said. "Sometimes there would be real discussions about it."
> King recalls one of the complaints quite clearly, since it was about him.
> The problem, King said, was that he often was late in starting court
> hearings, and 15-minute breaks stretched to 30 minutes or more as he
> attended to his chief judge duties.
> "It was absolutely accurate," King said of the criticism. "By realizing I
> was creating a problem for lawyers, I changed it. I have been conscious of
> being timely ever since."
> The committee also heard complaints about one judge, who King declined to
> name, who had a huge backlog of civil motions awaiting rulings. After
> discussion, seven judges volunteered to help resolve the pending matters.
> King concedes that some judges didn't like having the committee. But Davis
> said he is not aware of any resistance to it now. The need for it is has
> become greater, Davis said, since the Southern District has grown to the
> point that many lawyers don't feel they know the judges well enough to
> comment personally about their procedures and practices.
> Josefsberg said judges favor the idea. "If the bench didn't want us to do
> this, it would be a useless venture," he said.
> At least two of the more recently appointed federal judges have called for
> such a program, King said. They are U.S. District Judges Donald M.
> Middlebrooks and Alan S. Gold.
> "I think it is very valuable if judges approach it with an open mind,"
King
> said
>
>
>
> -----------------------------------
> Dicas:
> 1- D�vidas e instru��es diversas procure por Listas em:
> http://www.pegasus.com.br
> 2- Pegasus Virtual Office
> http://www.pvo.pegasus.com.br
>
-----------------------------------
Dicas:
1- D�vidas e instru��es diversas procure por Listas em:
http://www.pegasus.com.br
2- Pegasus Virtual Office
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