2010.04.23 Baez Files Notice of Unavailability

[chefmom]

Isn't this a fairly routine filing that an attorney will make when he has active cases before the court? Essentially it simply put shis vacation schedule, etc, on record so the court knows when he is out of town for purposes of scheduling hearings and serving documents etc? the legal equivalent of an 'Out of Office" notice?

Yes. Apparently, this is generally used when an attorney has a vacation or medical issue/surgery.

 

[LambChop]

Isn't this a fairly routine filing that an attorney will make when he has active cases before the court? Essentially it simply put shis vacation schedule, etc, on record so the court knows when he is out of town for purposes of scheduling hearings and serving documents etc? the legal equivalent of an 'Out of Office" notice?

Okay, so we could be talking about a notice for an end of May or June vacation?

 

[JSR]

Isn't this a fairly routine filing that an attorney will make when he has active cases before the court? Essentially it simply put shis vacation schedule, etc, on record so the court knows when he is out of town for purposes of scheduling hearings and serving documents etc? the legal equivalent of an 'Out of Office" notice?

You are correct. It is rather common to file a notice of unavailability.

 

[logicalgirl]

Isn't this a fairly routine filing that an attorney will make when he has active cases before the court? Essentially it simply put shis vacation schedule, etc, on record so the court knows when he is out of town for purposes of scheduling hearings and serving documents etc? the legal equivalent of an 'Out of Office" notice?

Thanks faefrost - I've been wondering this also since this is an upcoming management planning session to get progress organized.

Maybe Baez is actually thinking ahead to let the court know before this session of setting future hearings the times he is not available, and not saying he won't be there for this one.

Okay, that sounds too organized for Baez. but I guess it could be a slim possibility couldn't it. Eek - the turning over of a new leaf? LOL

 

[Sun]

But he hasn't done it before, in the whole two years. Nor have any other attorneys in this case, or have they, and I missed it?

Right. Baez's history shows that he files several "notice of conflict" and I have yet to find a single earlier filing of "notice of unavailability" ....but I've only checked a few of his cases.

 

[Patriciao]

Usually attorney's file this if they are going on vacation. It's a polite way of letting the court know in advance of their unavailability. In my opinion Jose is running scared! He's probably spending hours doing the prep work and coming up with the answers that he knows will now be asked of him.

 

[FaerieB]

But he hasn't done it before, in the whole two years. Nor have any other attorneys in this case, or have they, and I missed it?

Notice of Unavailability has been filed six times in this case. Only two have notations as to who filed them:

11/13/2008
01/26/2009
04/24/2009
09/14/2009
12/02/2009 - LDB
04/23/2010 - JB

IIRC, AL has filed them in the past, and that might explain the other four. Off to look.

 

[QB.]

But he hasn't done it before, in the whole two years. Nor have any other attorneys in this case, or have they, and I missed it?

04/24/2009 Notice of Unavailability

but the docket did not say who this was for.

And upon posting this I notice this is a year to the date....hmmmmm

 

[Jomo]

Well I'm not sure, I thought it was just against a jail policy and nothing he could be in real trouble for. Of course, I'm usually wrong. But that's not for lack of wanting for something JS COULD file a complaint on.

This is just a thought. I just hope that he is not out for some serious medical problem or grave emergency. I wouldn't wish that on anyone. Until we here more about it, I know nothing and any idea I share is purely speculation.

 

[cmsg2002]

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.

 

[logicalgirl]

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.

That is excellent information - Thank you. I had no idea this was how the absent notices worked. Makes the picture a whole lot clearer.
I was of the understanding a lawyer just popped one of those in the docket and went on his/her merry way.

 

[strawberry]

Notice of Unavailability has been filed six times in this case. Only two have notations as to who filed them:

11/13/2008
01/26/2009
04/24/2009
09/14/2009
12/02/2009 - LDB
04/23/2010 - JB

IIRC, AL has filed them in the past, and that might explain the other four. Off to look.

I knew someone had, and I thought it was AL because I think I remember people buzzing about whether she was quitting (although that could have been the LDB one). I had never heard that term before so I know we've discussed it. Or I think we have I should say.

 

[JSV]

Can he file a notice of unavailability for 04-30-10 after he has been ordered by the Judge
to be in court 04-30-10 ?

 

[Tulessa]

OH Plzzzz...have the hearing.:woohoo:.Is it going to be televised?? anybody hear?

Yes, TRU TV will cover it in it's entirety.

 

[JSR]

Believe me I'm no fan of JB. But I will say that a notice of unavailability is something attys do as a professional courtesy and is done on an especially active case. Generally they are done well in advance. And they are generally for vacations.

This might be an example of JB being a professional. Gasp. Let's see how long it lasts ....

 

[Gma Kat]

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.

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....

 

[MADJGNLAW]

So does this mean there will not be a hearing now on the 30th??? Will it be rescheduled or will another atty. step up to the plate here?!

I eagerly await for the answer to your question. I find it odd that Baez filed Notice of Unavailability on April 23, 2010. With so many on the defense team and him being second chair from what I understand, then it should not matter if he is there or not? :waitasec: He can't be first chair since he is not DP qualified. Then I would assume the hearing would go on and someone else will be present? Anyone know? TIA

 

[Aedrys]

I eagerly await for the answer to your question. I find it odd that Baez filed Notice of Unavailability on April 23, 2010. With so many on the defense team and him being second chair from what I understand, then it should not matter if he is there or not? :waitasec: He can't be first chair since he is not DP qualified. Then I would assume the hearing would go on and someone else will be present? Anyone know? TIA

ITA. I don't think he's first chair or really needs to be there. Plus, CM probably told him, "There's no way in HELL you're going to that hearing. File whatever you need to file, but you are NOT going to be there and mess up in front of Judge Perry." Seems like they're trying not to show how inept they really are. Of course, he's going to have to show his ugly mug at some point!

 

[BChand]

WFTV just announced that Jose will be there on Friday.

His unavailability is for 11 days in June.

(Courtesy of a FL viewer.)

 

[Sparky]

I've checked the court calendar this morning and can't find where the hearing is scheduled anymore for April 30.