May 1, 2004 Letters In response to the April 1 letter reguarding the death penalty, to quote the writer, I, too, “find myself compelled to respond.”Usually, it is a good idea to check the law and make sure you know what you are talking about before making condescending remarks about other attorneys. Contrary to what the author asserts, the governor of Florida most definitely has the power to “sign a paper to cause another person’s death.” That paper is commonly known as a “death” warrant, and it is provided for in F.S. §922.052, which reads in part:“The sentence [of death] shall not be executed until the governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.”In other words, no death warrant signed, no execution — it’s that simple. Not only does the governor have the power to cause another person’s death with the stroke of a pen, he also chooses the date and time of the execution. Andrew M. Kassier Coral GablesYou Go Tell Mrs. Stout Letters Death Penalty May 1, 2004 Letters Mrs. Stout, my fifth-grade teacher at Pinecrest Elementary, taught us about the three branches of government and about how this system of checks and balances was created by people who knew what life was like when all of the power was concentrated in one branch, or worse yet, one person. It’s called a dictatorship. She taught us that the system of checks and balances is exactly one of the many reasons why this country is so unusual and so great.All three branches of government should be allowed to operate independently (they have to be given some sort of power) and they have to be funded. Any organization, whether a government or a business, needs money to operate in society.There is a movement afoot in Tallahassee right now to squeeze off the judicial branch from its power and its funding. As of now the amount the state will fund the judicial branch has not been fully decided. And when it is, the fight surely will continue as we look to our county government to fund any shortfalls, and as we look to our legislature next year to do even more. Even with the requested funding, the judiciary is in a sad state (pun intended) of affairs.You take the quiz:• Which branch of government of the fourth largest state in the U.S. is so short on funds given to it by the legislature that the elevator in its headquarters does not work?• Which branch of government of the fourth largest state in the U.S. had assigned to its chief executive officer a staff of four.. . then cut it back to two?• Which branch of government of the fourth largest state in the U.S. is given by the legislature less than 2 percent of the state’s budget? Less than 2 percent, not 20 percent?• Which state in the union has a legislature which has proposed a bill whereby the legislature, made up of lawyers and nonlawyers alike, would have total control over the content of the Florida Rules of Civil Procedure and the other Florida rules of court?Answers: 1. The Florida Supreme Court; 2.The Florida Supreme Court; 3.The Florida Supreme Court; 4. Florida.Here are the facts: Revision 7 to Art. V of the Florida Constitution provides that the state, as opposed to the counties, as of July 1, is required to provide funding for the “essential services” provided by the judicial system. Of course, how our legislators define “essential services” and how we who labor in the judicial system define that may be two different things. The fact is that even if the proposed $180 million budget for the judicial system is approved, the judicial system will use less than 2 percent of the state’s budget and there will be a shortfall of more than $10 million in the court system in Miami-Dade County. The House Public Safety & Crime Prevention Committee of the Florida House of Representatives met on March 3 at 5 p.m. and proposed HPS-1 (PCB 01-04) relating to Court Rules of Practice and Procedure. This proposed committee bill would create a joint resolution proposing an amendment to Section 2 of Art. V of the Florida Constitution to remove the authority to adopt rules of practice and procedure in all courts from the Florida Supreme Court. This proposed legislation and any such constitutional amendment clearly flies in the face of the separation of powers between the three branches of government and the independence of the judiciary. It also clearly flies in the face of common sense. We would have politicians, not lawyers or judges, controlling and thus creating rules for the courts and for the lawyers who practice in them. We would have a court system controlled by legislators. That is not efficient; it is not fair; and it is not right.Without power, the judicial branch cannot be independent. Without funding, it cannot exist. Dictators like Fidel Castro and others in the past know all about cutting off the judicial branch of government. Without the judicial branch, there are no checks or balances on the other two branches. That is exactly what our founding fathers wanted to avoid. They had lived under a king. Kings and dictators throughout history have murdered at will, have plundered whole economies, and have violated civil rights on a massive scale.What has made America great is our concept of checks and balances and the separation of powers of all three branches.If you don’t think so, you go tell Mrs. Stout. John H. (Jack) Hickey President, Dade County Bar (Editor’s Note: The Bar and the legislature have reached a compromise on the procedure rules bill, see story on page 5.)
Advertisement Metro Sport ReporterFriday 9 Oct 2020 1:18 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link104Shares Advertisement Arsenal brought in Thomas Partey on deadline day (Picture: Getty Images)The 22-year-old is said to have had his heart set on a move to the Emirates, but with the club unable to agree terms, he decided to stay.AdvertisementAdvertisementADVERTISEMENTJuventus and Paris Saint-Germain were also believed to be interested in the midfielder, but Arsenal’s difficulty in negotiating with Aouar’s representatives may highlight why the Gunners were the only team to make an official advance.The Frenchman admitted earlier this week that he has no regrets over missing out on a move away from Lyon.‘Of course I asked myself all the necessary questions,’ he told reporters while on international duty.‘I am in the headspace to have a great season with my club and get back the points that we have lost. So of course we are going to try to do the best season and to try to put the team and the club back in its rightful place, at the top of France.More: Arsenal FCArsenal flop Denis Suarez delivers verdict on Thomas Partey and Lucas Torreira movesThomas Partey debut? Ian Wright picks his Arsenal starting XI vs Manchester CityArsene Wenger explains why Mikel Arteta is ‘lucky’ to be managing Arsenal‘Disappointed? I am the opposite. I am at home, in the club that I love, with my friends and my family.‘So certainly I have all my bearings and it is giving me even more motivation to have a good season and to bring the club back into the top places in France.’MORE: Mikel Arteta reveals why new Arsenal signing Thomas Partey was his priority transfer targetMORE: Arsenal captain Pierre-Emerick Aubameyang pulls out of Gabon squad due to injuryFollow Metro Sport across our social channels, on Facebook, Twitter and InstagramFor more stories like this, check our sport page Aouar was one of the Gunners’ top targets (Picture: Getty Images)Arsenal’s move for Houssem Aouar broke down due to the demands of the Lyon midfielder’s agent, according to reports.The Gunners missed out on one of their priority targets with the French club’s president, Jean-Michel Aulas, labelling one of their received bids for the player as ‘timid’.However, according to ESPN, talks over a deal for Aouar actually broke down as the player’s agent, his brother Brahim, was asking for a substantial fee, with reports in France claiming he wanted £10m. The real reason Arsenal’s move for Houssem Aouar collapsed Comment
The former recruiting classes of former Wisconsin men’s hockey coach, Mike Eaves, are finally starting to make headlines on the biggest stage as sophomore Luke Kunin earned his second Big Ten Star of the Week honor of the season Tuesday. The award came after Kunin’s three points, two goals and one assist led the Badgers to a 7-4 win Saturday over Michigan University and an unfortunate 4-1 loss on Sunday.Men’s hockey: Badgers dominate offensively on the road, improve to 4-2The University of Wisconsin men’s hockey team impressed in upstate New York this weekend, sweeping their two-game weekend against No. Read…The sophomore has been one of the most dominant forces in the Big Ten this season, getting his first Big Ten Star of the Week award for his five-point effort in a weekend sweep of Clarkson University and St. Lawrence University. Despite an almost equally as impressive freshman campaign, Kunin has really flourished this season under the direction of new head coach Tony Granato, playing more aggressive and finishing more of his opportunities.The 15th overall pick in the 2016 early NHL Draft to the Minnesota Wild has seen stark rises in efficiency this season, going from .145 shot percentage to .186, best on the team, and currently sitting only seven goals behind his season totals from last year. While Kunin is two points behind senior Grant Besse, the sophomore is the team leader in goals at 11 and an emerging star in a program that seems to be returning to its former glory.Goldsobel: Jurusik and Kunin named top NHL draft prospects, but need to prove worthWisconsin men’s hockey is not what it once was. It seems so long ago that they were one of the NCAA’s Read…The performance and award couldn’t have come at a better time for Kunin or the team as Michigan was the first conference series for Wisconsin and, if he can produce at an all-conference level against a dominant Wolverine front, then there is no reason to expect he won’t do it against other Big Ten teams going forward.The Badgers, once again, play one of the toughest schedules in college hockey this year with three teams in conference ranked in the NCAA top 12 and all three of those teams, Ohio State University, Minnesota University and Penn State University, facing Wisconsin in the final three weekends of the year. UW will need every bit of scoring to return to the top of the conference for the first time since 2013 and Kunin is the largest part of that cog.