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Pious Perverts
See other Pious Perverts Articles

Title: Judge Gone Wild!
Source: [None]
URL Source: http://www.usatoday.com/life/people ... -francis-arrested_N.htm?csp=34
Published: Apr 11, 2007
Author: Associated Press
Post Date: 2007-04-11 06:59:53 by Paul Revere
Keywords: None
Views: 775
Comments: 50

PENSACOLA, Fla. (AP) — The founder of the Girls Gone Wild video empire was taken into custody by federal marshals early Tuesday to face a contempt of court citation after initially defying a federal judge. Joe Francis was booked into the Bay County Jail in Panama City, said Ruth Sasser, a spokeswoman for the sheriff's office. "His attorneys continue to work toward a settlement," Ronn Torossian, a Francis spokesman, said in a statement e-mailed to The Associated Press.

Francis, 34, makes an estimated $29 million a year from videos of young women exposing their breasts and in other sexually provocative situations.

He appeared Tuesday afternoon before federal Magistrate Larry A. Bodiford, who ordered him held without bail. Torossian said Francis would likely be held until at least Thursday, when he is scheduled to appear before U.S. District Judge Richard Smoak, the judge who issued the contempt citation.

He drew the contempt citation during negotiations in a civil lawsuit brought by seven women who were underage when they were filmed by his company on Panama City Beach during spring break in 2003.


My comments:

A federal judge in a civil case in Florida ordered Girls Gone Wild owner Joe Francis held in jail for contempt for his refusal to settle the civil case.

Are you kidding me?! A federal judge who orders a party to settle or face contempt charges? It is common for federal judges to put pressure on litigants to settle cases, especially cases the judge doesn't want to try. But the only duty a party has vis-a-vis settlement is to make a good faith effort. If a party doesn't want to settle, the remedy is TRIAL, not contempt for refusing to settle.

This is yet another judge gone wild, a man who thinks he is the law.

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Begin Trace Mode for Comment # 27.

#12. To: Paul Revere, All (#0)

I think you missed some of the story...it was below an ad or something... Here's the rest of the story from the same link:

Lawyers for the women told Smoak that Francis became enraged during the settlement talks, shouting obscenities at the lawyers and threatening to "bury them." Smoak ordered Francis to settle the case or go to jail for his behavior.

Negotiations continued with the help of a mediator, but broke down Thursday, and Smoak issued a contempt of court warrant.

Francis initially refused to surrender and called Smoak "a judge gone wild."

The 11th U.S. Circuit Court of Appeals in Atlanta refused to let him remain free pending an appeal. Jan Handzlik, Francis' Los Angeles-based attorney, said the court is considering another appeal.

"If someone behaves badly in a civil case, you punish them with a monetary sanction. It is alien to the justice system to say to a person who is not willing to settle a civil case that they should go to jail. You take the case to trial," Handzlik said.

Torossian told the AP that Francis "surrendered on his own 100%." But U.S. Marshals spokesman Dominic Guadagnoli said marshals were monitoring the airport and were tipped to Francis' arrival.

"We were not aware that he would be flying in in the morning. He stepped off the jet, and he was immediately arrested," he said. "If he was coming to Panama City to turn himself in, he was a day late and a dollar short."

Francis had said Thursday he would settle the case to avoid jail time. "I'll give up a billion dollars, but it will be under duress," he said, arguing that any money given would be voided in an appeal.

rowdee  posted on  2007-04-11   23:03:50 ET  Reply   Untrace   Trace   Private Reply  


#14. To: rowdee (#12)

I'm not the person confused. You are.

Have you ever tried a federal court case?

Have you ever even been in a federal court?

Do you have any idea what a suit for damages is?

Do you have any idea what the standard of conduct is for federal judges?

Get a law degree, pass the bar, practice until you're skilled, get licensed to try cases before federal judges, try such cases and win them, and THEN get back to me with your explanation for what is happening in the court.

You're misinformed, but like many who are misinformed, you trudge on, confident in your own ignorance.

Paul Revere  posted on  2007-04-11   23:10:12 ET  Reply   Untrace   Trace   Private Reply  


#15. To: Paul Revere (#14) (Edited)

For cryin out loud, get a grip on yourself......not there, silly boy. Get hold of your emotions. :)

EDIT: I'm trying to make some sense out of what you posted. What you were squalling about was not what the article said......what part of the article you provided for us to read. Capiche? That was where the difficulty was--trying to figure out where you were coming from based on what you gave us.

rowdee  posted on  2007-04-11   23:13:50 ET  Reply   Untrace   Trace   Private Reply  


#16. To: rowdee (#15)

I don't see what is confusing. You challenged me regarding what I had reported, and failed to accurately state what and why the court had ruled.

This is a judge out of control. That's the point. Not girls showing their tatas, not exploitive and disgusting young entrepreneurs. This is about MONEY. This is about a judge helping one side in civil lawsuit, instead of being a judge.

Here's how this should have been handled:

The plaintiffs file a motion to compel GGW to attend a mediation in good faith, and they file a motion for sanctions to cover their costs of the lost settlement session, as well as the costs associated with the motion. The judge grants the motions, orders GGW to pay sanctions in the form of cash, paid immediately to the attorneys for the plaintiffs. The amount of the sanction is reasonable, and is based upon the actual costs associated with the delays and costs occasioned by the bad conduct of the GGW guy at the last session.

The court can hold someone in contempt, but it is simply unheard of to hold someone in contempt and jail them until they settle.

My best guess is the judge is helping someone on the plaintiff's team of lawyers.

Paul Revere  posted on  2007-04-11   23:32:01 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Paul Revere (#16)

I don't see what is confusing. You challenged me regarding what I had reported, and failed to accurately state what and why the court had ruled.

The point is....he was NOT held in contempt for not settling; rather it was for his outrageous behaviour during sessions to settle the case.

That was what was puzzling to me......you were yelling that it was because he refused to settle. How can you be forced to settle........that's like being forced to recall something.

And so, in looking at the USA link trying to find other stories about this case I saw that there was more to the article than you posted. So I read the damned thing--and ta da! There it is....the bastard acted like a total asshole with/to/against 'officers of the court' with his threats and language, in which case I reckon it would be akin to saying it to the judge's face or some other such crap.

On that note, I'm done......continue ranting if it makes you happy. Have a good evening on the board.

rowdee  posted on  2007-04-11   23:40:15 ET  Reply   Untrace   Trace   Private Reply  


#18. To: rowdee (#17) (Edited)

You are wrong. He was held in contempt for refusing to settle. If you have an order from the court that says otherwise, let's see it.

He was held in contempt for his conduct, but the penalty of incarceration was specifically to require his compliance with the judge's order to settle. The only thing the GGW owner can do to get out is settle, and that is not right.

A Court can find you in contempt and jail you until you agree to cure your contempt. It cannot order you to settle, however.

This judge is a bad judge, probably a crooked judge. He did something outrageous and he should be removed from his position. But he won't be because our federal court system is a corruption, thanks to the appointments of Reagan, Bush and Bush.

This particular judge has been on the bench barely a year, and he's a Bush appointment. He's a guy with a weak law background, from a mediocre law school. He's a Bush loyalist, and he's probably helping a friend or former business associate in this case.

Paul Revere  posted on  2007-04-11   23:47:58 ET  Reply   Untrace   Trace   Private Reply  


#21. To: Paul Revere (#18) (Edited)

You are wrong. He was held in contempt for refusing to settle. If you have an order from the court that says otherwise, let's see it.

He was held in contempt for his conduct, but the penalty of incarceration was specifically to require his compliance with the judge's order to settle. The only thing the GGW owner can do to get out is settle, and that is not right.

A Court can find you in contempt and jail you until you agree to cure your contempt. It cannot order you to settle, however.

EDIT: I forgot to comment cause I'm laughing too hard. *grin*

I was thinking only to say, 'and he thinks I'm confused'........

Sorry......I really hadn't meant to comment further, but this was just too rich to not respond.

IIRC, the USA story included something about mediating/negotiating a settlement in good faith--I do believe that means to put forth a genuine effort to come to terms of some sort. That doesn't mean to call them anything but white nor make threats of harm.

Were you the whining lawyer? I have no doubt there are bad judges, but I guarantee there are a lot more bad lawyers! Just because one doesn't like-- but then, I suggest you get over it. If the judge is doing wrong, take it to a higher court. In this case where the defendant is alleged to have made millions, lots of millions, so bumping it up to a higher court should be no problem.

rowdee  posted on  2007-04-12   10:18:56 ET  Reply   Untrace   Trace   Private Reply  


#22. To: rowdee (#21) (Edited)

I see you're still struggling to understand the article and the case.

Don't worry about it. I probably don't understand your field of expertise very well, either.

Assuming you have one.

Paul Revere  posted on  2007-04-12   10:21:34 ET  Reply   Untrace   Trace   Private Reply  


#25. To: Paul Revere (#22)

Re-read my post, son.

rowdee  posted on  2007-04-12   10:27:12 ET  Reply   Untrace   Trace   Private Reply  


#27. To: rowdee (#25) (Edited)

Re-read my post, son.

Don't call me son, dipshit.

Paul Revere  posted on  2007-04-12   10:34:04 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 27.

#28. To: Paul Revere (#27)

Never was there a more perfect time to say, "Fuck you and the horse you rode in on".......sonny!

rowdee  posted on  2007-04-12 10:35:35 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 27.

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