Baez Disregards Duty To Court Says Judge
In today's order quashing Jose Baez' motion to Set Aside A Court Order for Casey's Anthony's probation, Judge Belvin Perry, Jr. makes special notice of Baez' dishonesty in not calling to the attention of the Court an error in Anthony's probation orders of January 2010.
Anthony was convicted of check fraud in 2010 and Judge Stan Strickland withheld adjudication, but orally sentenced her to one-year probation after her release from jail, if that should happen after her then pending murder trial.
At the conclusion of the murder trial this summer, Anthony did not report for probation, and Judge Strickland then made a corrected order for probation for her to report within 72 hours of July 29th, 2011.
Baez filed a motion to overturn the order.
In Friday's order from Judge Perry, ordering Anthony to report to probation by August 26, a separate section of the order is entitled "Duty to the Court" where Baez' failure to notify the court of the scrivener's error in the original order for Anthony's probation.
Perry slams Baez not only for his failure to notify but for his claim that his client was harmed by the new order to serve probation.
Perry addresses in this section about the duty an attorney, "an officer of the court, owe (sic) to our system of justice to see that the lawful orders of the court are followed."
Baez told the court he knew about the requirement for Anthony to report for one-year probation after release from jail but told the Perry at a recent hearing he did not have any responsibility to notify the court of any error in Judge Strickland's original probation order.
Perry admonishes in the order that Baez has a duty not only to his client but to the public interest, and may not act in a manner that would serve his client "if doing so would put the administration of justice and the public's confidence in the profession at risk."
Perry says Baez has a "duty of candor" and the failure of an attorney to notify the court of a scrivener's error may be a violation of an attorney's duty of candor. No attorney should act in a manner that impedes a court order, he says, and goes on to cite the Florida Bar's Rules of Professional Conduct regarding a lawyers' responsibility, alleging Baez may have violated same.
Baez had numerous run-ins with the Judge during the murder trial and Perry indicated the possibility of sanctions and referral to the Florida Bar for Baez' missteps during the proceedings.
The Order Signed By Judge Perry - click to read