Tuesday, November 16, 2010

11th Circuit Upholds Judge Zloch Sanctions Order Against Loring Spolter!



Remember that time in band camp when Judge Zloch hammered -- and I mean hammered -- Fort Lauderdale attorney Loring Spolter?

Well the digital ink is barely dry on the 11th's unpublished affirmance of the sanctions order:
A review of the record, including the 68-page district court order, shows Spolter has been intensely persistent in seeking the recusal of Judge Zloch because of a perceived bias he believes the judge has against him. It is clear from the record that Spolter has repeatedly attempted to create the appearance of impropriety to further his requests for the recusal and reassignment of cases by Judge Zloch. Spolter has repeatedly attacked Judge Zloch’s faith and political affiliations, and has also called into question the credentials of some of his former law clerks. Spolter has further impugned the dignity of the court by alleging that both Judge Zloch and the Clerk’s Office have manipulated the case assignment system of the entire Southern District of Florida for the sole purpose of ensuring Judge Zloch receives a disproportionate number of Spolter’s cases.
Ok, so?

I'm not following.

The Court continues:
Spolter’s conduct in filing multiple recusal and reconsideration motions without providing a good faith basis supports the district court’s imposition of sanctions. Even though Spolter claims he had a good faith belief the case assignment system operated on a blind random basis before filing his motion for reconsideration, his claims are unpersuasive. The record shows he was notified by a letter from the court explaining how the case assignment system operates in the Southern District of Florida. If Spolter reviewed the case assignment rules cited in this letter, he would have known the Southern District of Florida does not operate on a pure blind, random basis. Instead, Spolter enlisted the services of an expert five days after receiving notification from the court, and provided him with inaccurate information in an attempt to try and prove the case assignment system had been manipulated and that Judge Zloch was behind it. Further, Spolter even admits that prior to filing his motion for reconsideration, he should have investigated the Court’s internal operating procedure and that he mistakenly directed the expert to assume facts that he knew were not true. Although Spolter claims he made a good faith mistake, we believe Spolter’s actions were done in bad faith and for an improper purpose. See Jones, 49 F.3d at 694. Accordingly, we hold the district court did not abuse its discretion when it imposed sanctions against Spolter pursuant to Rule 11.
Oy.

Is that full-page, Judge Zloch-approved DBR ad still an option?

5 comments:

  1. The message is not about Spolter but the rest of us. Accuse a judge of bias based on religion or politics and you will pay.

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