2010.04.23 Baez Files Notice of Unavailability

[Macushla]

I have my doubts that JB's unavailability is anything more than something that is planned for those 11 days - be it personal (vacation) or medical. While I would love for him to be slapped down for a lot of his behavior, I don't think the local Bar Association would levy an 11 day suspension - that makes no sense. If it is a hearing scheduled to look into a new allegation, would it really take 11 days? Again, doesn't make sense.

I hope there is no medical problem for either JB or someone in his family. As for vacation - well can you blame the man for wanting a few 'Calgon Moments' at this point in the circus?

 

[Patty G]

I have my doubts that JB's unavailability is anything more than something that is planned for those 11 days - be it personal (vacation) or medical. While I would love for him to be slapped down for a lot of his behavior, I don't think the local Bar Association would levy an 11 day suspension - that makes no sense. If it is a hearing scheduled to look into a new allegation, would it really take 11 days? Again, doesn't make sense.

I hope there is no medical problem for either JB or someone in his family. As for vacation - well can you blame the man for wanting a few 'Calgon Moments' at this point in the circus?

Where is the 11 days coming from? Link please!

 

[Sun]

Well, at this time, there is a certain Civil Case Trial Scheduled for June. And, Baez is listed on the Plaintiff's Witness List.

 

[Macushla]

Where is the 11 days coming from? Link please!

OOPS, sorry Patty G - I swear I read it somewhere that it was for a specific period of time. I will go research that right now.

ETA: BCHand Post #110 - from the thread Noitce of Unavailability that was moved to the parking lot.

*********WFTV just announced that Jose will be there on Friday.

His unavailability is for 11 days in June.

(Courtesy of a FL viewer.)**************

 

[LambChop]

OOPS, sorry Patty G - I swear I read it somewhere that it was for a specific period of time. I will go research that right now.

I saw it, too. Eleven days in June. I must be in the 'downstairs' thread.

 

[JBean]

OOPS, sorry Patty G - I swear I read it somewhere that it was for a specific period of time. I will go research that right now.

ETA: BCHand Post #110 - from the thread Noitce of Unavailability that was moved to the parking lot.

*********WFTV just announced that Jose will be there on Friday.

His unavailability is for 11 days in June.

(Courtesy of a FL viewer.)**************

I'll bring the post over. I tried to bring as many on topic posts over as possible but I know I didn;t get them all.

 

[tlcya]

Well, at this time, there is a certain Civil Case Trial Scheduled for June. And, Baez is listed on the Plaintiff's Witness List.

You never fail to impress me Sun. Nice.

 

[LambChop]

Posted by BChand:

WFTV just announced that Jose will be there on Friday.

His unavailability is for 11 days in June.

(Courtesy of a FL viewer.)

 

[JBean]

I tried to leave the PL thread open for those that want to poke fun at Baez and have a little fun with the topic and leave this one for discussion. But it seems to be a source of confusion for some so I went ahead and closed the one in the PL.

 

[Aedrys]

I have my doubts that JB's unavailability is anything more than something that is planned for those 11 days - be it personal (vacation) or medical. While I would love for him to be slapped down for a lot of his behavior, I don't think the local Bar Association would levy an 11 day suspension - that makes no sense. If it is a hearing scheduled to look into a new allegation, would it really take 11 days? Again, doesn't make sense.

I hope there is no medical problem for either JB or someone in his family. As for vacation - well can you blame the man for wanting a few 'Calgon Moments' at this point in the circus?

I agree with most of this, but that man doesn't deserve ANY Calgon moments as far as I'm concerned. The thought of him lying on some beach somewhere and sipping a drink makes me SO MAD. He created this mess, he needs to deal with it. He made his bed, he needs to lie in it. KWIM?

If anyone deserves many Calgon moments, it's JS, not Baez. Besides, where he is getting money to go on an 11 day vacation? I thought the money had all run out?

The only vacation Baez deserves is behind bars in the same cell as his client, IMO.

 

[denjet]

here in RI, and in most other states that I am aware of...when an attorney is to be away, whether it be vacation, medical, CLE's etc. they have to file a Motion to be Excused and its sent to the Chief Judge of each court that they have matters pending in. The Chief Judge normally rubberstamps the court excusal, providing however that its not in the middle of a trial, or in this case, a very high-profile, complex matter. Once approved, the attorney then sends copy of approved motion to be excused to each Clerk of the Court, and to each opposing party or counsel. But the key here, is that it has to be approved first.

Unless JB had already filed a motion to be excused, and it was already granted, then this could just be a reminder to the court that he's already been excused from appearing in cases during this time period. I will be very curious to see how this turns out. I think it would be safe to say Judge BP would not have scheduled a hearing on a day JB was already excused from.

Thanks for this tidbit ... very curious ... boy that would be awesome if Judge Perry started off by denying it !!

... and howdy neighbor!

 

[Macushla]

Well, at this time, there is a certain Civil Case Trial Scheduled for June. And, Baez is listed on the Plaintiff's Witness List.

Thank you! Now this makes perfect sense and could easily account for the odd number of days given because he would not be sure when the trial would end.

 

[Aedrys]

Thank you! Now this makes perfect sense and could easily account for the odd number of days given because he would not be sure when the trial would end.

Very sneaky there, Baez. My question is, if he's on the list doesn't that mean he has to testify? I mean shoot, you can't get out of jury duty that easily, but he can get out of testifying by saying sorry, I'm going on vacation? That doesn't seem right if he's already been supoenaed to appear.

 

[Macushla]

Very sneaky there, Baez. My question is, if he's on the list doesn't that mean he has to testify? I mean shoot, you can't get out of jury duty that easily, but he can get out of testifying by saying sorry, I'm going on vacation? That doesn't seem right if he's already been supoenaed to appear.

I think what it means is that he will be sitting around waiting to testify at the Civil Trial and would be unavailable for any other hearings, etc. At least that is the impression I got.

 

[denjet]

My experience here in Cali is that these are filed when an attorney, who is the primary attorney on the case (only atty with enough working knowledge to properly represent the client) will be "unavailable" for any number of reasons. The time-period is specified so that the opposing party can not serve the attorney with any documents which require a statutory response within a certain timeperiod. It is to avoid pulling a sneeky on the attorney when you know they are not going to be in their office actively working their client's cases. Sort of a legal hall-pass. Now this is a criminal case, in Florida, and JB has CM - so it could just be he is simply following procedure (WHAT! you say! JB following procedure?)

Just a little side note.....we used these strategically to buy time during a crucial time-period when we anticipated the opposing counsel would serve us with something! So it can be abused! A judge's consent was not required as there are other procedures for notifying the court and other parties of your availability - unavailablity during the course of a trial. Again, I only understand Cali law....well a smidgen of Cali law....

Interesting points you bring up ... could it be that Jose is NOT going to be prepared with everything he's supposed to bring to court and he's anticipating the judge ordering him to provide it ASAP ... that would give him more time if he doesn't have to turn it over right away due to "unavailibility" ???

 

[LambChop]

If he is on the list would it not mean he has to be available to testify? I don't think this is for vacation. It appears he may be called as a witness and is just notifying the court he will be unavailable at this time...i.e. don't schedule any court dates for me. Very often civil cases settle before the trial and then he may decide to go on vacation. And if he does....he will probably need it. jmo

 

[denjet]

Well, at this time, there is a certain Civil Case Trial Scheduled for June. And, Baez is listed on the Plaintiff's Witness List.

Thanks Sun
I didn't realize Jose's a witness .... hmmmm ... can't they just subpoena him? ... I didn't think he could say he wasn't available to testify ...
He has not filed a notice on the civil case ...

 

[Sun]

Thanks Sun
I didn't realize Jose's a witness .... hmmmm ... can't they just subpoena him? ... I didn't think he could say he wasn't available to testify ...
He has not filed a notice on the civil case ...

I'd really like to see a copy of the "notice of unavailability" to know just which days are involved. I have a feeling that the Civil Case trial just isn't going to happen this June anyway.

 

[denjet]

I'd really like to see a copy of the "notice of unavailability" to know just which days are involved. I have a feeling that the Civil Case trial just isn't going to happen this June anyway.

OH, I so hope you're wrong ... yes I would like to see the dates too ...

 

[magic-cat]

Except that Jose is considered Lead Attorney. Of course, I don't know what that means, whether Lead Attorneys don't have to be present at all hearings, or whether he's fixing to take a back seat. Or leave altogether. Hmm.

Actually once this case went to a death penalty case he could no longer be the lead attorney. That poisition had to go to a death qualified attorney.

Patty? could it mean he is unavailable for his other case?? He has other cases?..OMG...j/k guess he has to make money somehow since the moolah isn't coming in anymore from this one.

According to our own Richard Hornsby, Mr. Baez is VERY busy and charging outrageous prices that are far beyond what representation in those cases would normally cost. Me thinks he thinks he is a superstar now...