JUDGE DONALD L. GRAHAM: "POSTER CHILD" FOR JUDICIAL REFORM AND ACCOUNTABILITY

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Justice Turned On Its Head

Judge Donald L. Graham

U.S. Dist. Judge Donald L. Graham's Biography

U.S. Dist. Judge Donald L. Graham's Practice Procedures

Links

SHORT STORIES OF JUDICIAL MISCONDUCT, DISHONESTY, AND TREACHERY

This page is a link to incredible stories of judicial misconduct, arrogance, and dishonesty of U.S. Dist. Judge Donald L. Graham, "Teflon Don", and by the individual members of the Eleventh Circuit, U.S. Court of Appeals in Atlanta, Georgia to conceal this misconduct.  These stories are typically less than a five minute read.  These stories  describe a system of dishonesty and treachery that is breathtaking in its dishonesty and lawlessness.  These stories would do the schister lawyer proud.  The veracity of these stories is verified in two was.  In each story, every allegation, fact, or conclusion is supported with record documents.   As a matter of fact, links to case law authority is provided as well.  Secondly, and more compelling is the following qualified endorsement of Judge Graham by his Chief Judge Moreno who said:

I am in receipt of your letter written to me as a Chief Judge of the Southern District of Florida about actions by Judge Donald Graham. In that letter, you also complained about the Chief Circuit Judge J.L. Edmondson. As you can understand one district judge cannot review the actions of another district judge. This rule applies to the Chief Judge of the District as well. It is before the Eleventh Circuit Court of Appeals in Atlanta that any complaint as to a ruling made by a District Judge can be made, I assure you that any decision rendered by Judge Graham was made in good faith upon what he perceived to be the law.  Judge Graham has an impeccable reputation. However, if you feel that a judge has erred, the appellate judges in Atlanta are the ones who can decide what to do about it.  Thank you for writing.

1. Eleventh Circuit Sits Idly By While A Clearly Void Sua Sponte Issued Pre-Filing Injunction Wreaks Havoc On A Man's Life

2. Chief Judge J.L. Edmondson: Contempt Abuse Is Not Judicial Misconduct

3. Eleventh Circuit Case No. 01-13664: The Appeal From Hell

4. The Fox Should Not Be Allowed to Guard the Chicken Coop!

5. U.S. Dist. Judge Donald L. Graham Uses Office To Commit Criminal Acts To Save His Career

6. Florida Judge Thumbs His Nose at U.S. Supreme Court Rulings on Due
   Process And Attorneys' Fees

7. Florida Judge Thumbs His Nose
   at U.S. Supreme Court Ruling on Poor People's Right to Access The Courts
   !

8. Is U.S. Dist. Judge Donald L. Graham Willfully Defying The United States Supreme Court?

9. U.S. District Judge Donald L. Graham Disagrees with The Florida Supreme Court, the U.S. Supreme Court, And Every Other Jurisdiction

10. Judge Graham Disagrees With The 1st, 2nd, 3rd, 4th, 5th, 9th, 10th, 11th,
    And DC Circuit Courts Of Appeal

11. Judge Graham Disagrees With The Fifth Circuit, U.S. Court of Appeals

12. Eleventh Circuit, U.S. Court of Appeal, Masters of Jugglery: Jurisdictional Challenge Converted To Summary Reversal Motion To Achieve Desired Outcome

13. Eleventh Circuit, U.S. Court of Appeals, Sets Guiness World Record For Refusing to Review Sua Sponte Issued Pre-Filing Injunction

14. US Circuit Judge Ed Carnes Undermines U.S. Supreme Court By Imposing Hobson's Choice

15. Chief Circuit Judge J.L. Edmondson Uses Perfect Scam of Negative
    Definition To Defeat Complaints of Misconduct Under the Judicial Misconduct and Disability Act

16. Judge Graham Disdains Law, Denies Prevailing Indigent $92.60 In Costs Yet Awards $200,000 In Attorneys’ Fees Against Same Indigent!  

17. Eleventh Circuit Uses Same Set of Facts To Reverse One Florida Judge While Affirming Another Florida Judge

18. Another One Bites the Dust: Same Set of Facts, Judge Graham Affirmed While Colleague Judge Forrester Reversed

19. "Teflon Don" Avoids Reversal While Colleague Judge Ursula Ungaro-Benages Suffers Reversal

20. U.S. Dist. Judge William P. Dimitrouleas Reversed While Colleague Judge Donald L. Graham Affirmed by Killing The Appeal

21. Eleventh Circuit, US Court of Appeal Uses Unpublished Opinion of Three Judge Panel To Overrule Binding Published Opinion of An En Banc Court

22. A Federal Magistrate May Issue An Injunction So Long As He Does Not Call it An Injunction

23. Are Allegations of Misconduct Reviewable on Appeal?

24. Does A Mere Clause In a Sentence Represent Meaningful Appeal?

25. Eleventh Circuit Repeatedly Refuses To Review Injunctive Orders For Validity

26. Eleventh Circuit Uses Unpublished Opinion and Omission (Deception) To Invoke Res Judicata

27. Eleventh Circuit Disses The U.S. Supreme Court Chooses To Protect Judge Graham

28. FEDERAL JUDGE VIOLATES FIRST AMENDMENT,  TENTH AMENDMENT RECEIVES ABSOLUTE IMMUNITY

29. Chief Judge J.L. Edmondson Aggressively Defends Judge Donald L. Graham

30. Judge Charles R. Wilson Rules Appeal Of Award $200,000 Fees Frivolous

31. AUSA Robert Waters Uses Power of US Government To Suppress Criticism of U.S. Dist. Judge Graham

32. Judicial Conference: Complaint of Misconduct, Judge Donald L. Graham

33. Judge Donald L. Graham: GOD DAMN THE FIRST AMENDMENT

34. Judge Graham Misstates Material Facts and Law To Support Pre-Filing Injunction

35. Eleventh Circuit: Notice of Appeal Does Not Divest District Judge of
    Jurisdiction of Matters Involved In the Appeal!

36. Is Judge Donald L. Graham More Dangerous than Jeremiah Wright ?

37. Judge Graham Uses Act of Cowardice Hides Behind Dresstail of Court Reporter To Intimidate Litigant!

38. Judicial Independence Equals Non-accountability?

39. Judge Graham Refuses to Deny He is a Liar

40. Open Letter to Judge Donald L. Graham Dated April 3, 2008

41. You Don't have A Right to Have Your Motions Decided

42. Will the Judges In the Eleventh Circuit Lie to Protect Judge Graham?

43. Federal Magistrate John J. O’Sullivan Omits Material Facts In Order to Deceive

44.  

Practice Procedures

Judicial Administrator: Gina Wong
Phone Number: (305) 523-5131

Courtroom Deputy: Clara Foster
Phone Number: (305) 523-5135

Court Reporter: Carleen Horenkamp
Phone Number: (305) 523-5138

Docket Clerk: Donna Gay
Phone Number: (305) 523-5243

Law Clerks

(1): Amie Riggle
Term Ending: 9/25/06
Law School: Columbia

(2): Patricia Acosta
Term Ending: 9/2/05
Law School: University of Miami

Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Yes___No___ Counsel may generally communicate with the clerks, however, no inquiries regarding status of a pending motion unless the motion has been pending for an inordinate length of time.

Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Yes___No___

Is it appropriate to telephone your assigned docketing clerk or deputy clerk at the
Clerk’s office regarding the status of pending matters?
Yes___No___

A. Preliminary Pretrial Hearings:

Do you conduct preliminary pretrial hearings?
Yes_X_No___

If YES, what matters do you typically discuss during preliminary pretrial hearings:
Status conferences are scheduled approximately one (1) month after a responsive pleading and/or answer has been filed by the defendant.

B. Motion Practice:

Should courtesy copies of pleadings and motions be forwarded to Chambers?
Yes___No_X_ Not unless specifically requested.

Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Yes___No___

If so, do you object to cases printed in “Westlaw” or CD-ROM format rather than copied from a reporter?
Yes___No___

Is it appropriate to cite unpublished opinions in motions or memoranda?
Yes___No___

If so, should copies be attached to the motions or memoranda?
Yes___No___

If copies of cases are submitted, do you accept copies which have portions highlighted by counsel?
Yes___No___

Do you allow telephonic hearings?
Yes___No___

What can an attorney do to call attention to a pending motion of particular importance to expedite ruling?

Will you entertain motions in limine prior to trial?
Yes___No___

If you will consider motions in limine prior to trial, how far in advance should they be filed?

Do you regularly set aside time during a given week/month for hearings on motions?
Yes___No_X_

If YES, when is your normal hearing date/time?

What are your procedures concerning ex-parte temporary restraining orders?
Movants are normally required to serve the opposing party prior to ruling on the request for temporary restraining order. In some instances, matters are referred to the magistrate judge.

Do you hear preliminary injunction motions on referral from a district judge?
Yes_X_No___

If YES, do you limit the hearing to argument of counsel?
Yes___No_X_

If NO, what are your procedures for the receipt of evidence during a hearing on a preliminary injunction?

What is your practice concerning oral arguments of dispositive motions?
Oral argument on dispositive motions are rarely presented.

C. Settlement:

What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation?
The use of meditation is encouraged. Also, settlement conferences are used prior to trial and after unsuccessful mediation on a case by case basis.

Do you personally conduct settlement discussions?
Yes___No_X_

If YES, under what circumstances?

D. Discovery:

Do you receive referrals on discovery matters from a U.S. District Judge?
Yes_X_No___

When a dispute arises during a deposition, is it appropriate to call the Chambers to seek an immediate ruling?
Yes___No___

E. Pretrial Conference:

When matters are referred to you for pretrial conferences, do you have a standing order regarding pretrial conference?
Yes_X_No___

If YES, please attach a copy.

A. Preliminary Pretrial Hearings:

Do you personally conduct preliminary pretrial conferences in criminal cases?
Yes_X_No___

If Yes, what matters do you typically discuss during a preliminary pretrial conference?
Category III, IV, V, or multi-defendant cases.

If No, do you refer preliminary pretrial conferences to U.S. Magistrate Judges?
Yes___No_X_

When you conduct preliminary pretrial conferences in criminal cases, what matters do you typically discuss during the conference?

Do you have a policy regarding the timing of disclosure of Jencks Act material?
Yes_X_No___

If YES, what is your policy?
The Court requests that Jencks Act material be provided after the jury is sworn unless exceptional circumstances indicate otherwise.

B. Pleas:

What is your policy concerning nolo contendere or Alford pleas?

What is your policy concerning plea arrangements that involve sentencing recommendations pursuant to Fed. Rule Crim. P. 11(B)?; Pursuant to Rule 11(C)?
A plea is scheduled at calendar call or in advance if parties agree on a date certain within the trial period. Generally, the Court follows Administrative Order 95-02 regarding sentencings.

A. Trial dates:

Do you grant trial dates certain?
Yes_X_No___ With reference to criminal proceedings, criminal cases under categories III, IV, V, and/or multi-defendant cases may be granted trial dates certain. Civil proceedings are rarely granted trial dates certain.

If YES, under what circumstances will you grant trial date certain?

If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
Yes_X_No___

If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket?

What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours]
The Court attempts to give at least 24 hours notice, hoever, counsel should be prepared to be called for trial at any time during the trial period.

B. Trial briefs:

Do you require trial briefs in jury trials?
Yes___No_X_ However, the Court appreciates trial briefs especially when novel or unique issues exist.

Do you require trial briefs in bench trials?
Yes___No_X_ However, the Court appreciates trial briefs especially when novel or unique issues exist.

What are your requirements for trial briefs?

When are trial briefs due?

Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
Yes_X_No___

If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
Twelve days prior to trial period.

Should findings of fact and conclusions of law filed in connection with a bench trial also be submitted to Chambers on a disk?
Yes_X_No___

When do you require parties to file proposed jury instructions?
Twelve days prior to trial period.

Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
Yes___No_X_

Should jury instructions also be submitted to Chambers on a computer disk?
Yes_X_No___

C. Voir Dire:

Do you allow counsel to ask questions during voir dire?
Yes_X_No___

If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Time limitations are imposed.

If judge conducts voir dire, can parties submit proposed voir dire questions?
Yes___No___

If YES, when should such questions be submitted?
N/A

What are your preemptory challenge procedures?
Parties alternate exercising preemptory challenges.

In multiple party cases, do you grant each party three preemptory challenges?
Yes___No_X_

If NO, do you limit each side [i.e., plaintiff/defense] a total of three preemptory challenges to be shared?
Yes___No_X_

D. Opening Statement:

Do you have any standard time limits imposed upon counsel?
Yes_X_No___

If YES, what are the time limits?
Twenty (20) to thirty (30) minutes, however, the parties may request additional time.

Can exhibits be used in opening statements?
Yes_X_No___

Do you allow plaintiffs to make a rebuttal during opening statements?
Yes___No___

E. Use of Expert:

Do you conduct Daubert hearings prior to trial?
Yes_X_No___

F. Procedure For Use Of Videotapes, Trial Graphics, Depositions and Demonstrations:


G. Procedure For Objections:

Parties are to stand and announce a short legal basis for the objection. Speaking objections are not allowed.

H. Jury Procedures:

Do you permit jurors to take notes?
Yes_X_No___

Do you permit jurors to ask questions either orally (writing)?
Yes_X_No___

If YES, under what constraints and restrictions?

Sentencings are conducted in accordance with Local Rule 95-02. The Court's scheduling order and the Federal Rules of Criminal Procedure.

Do you allow the submission of sentencing memoranda?
Yes___No___

If YES, under what circumstances do you allow such submission?

Do you divulge the probation officer’s sentencing recommendation?
Yes___No___

What are your “pet peeves,” for the information of the lawyers appearing before you?

What, if any, other observations or suggestions do you have for members of the Bar appearing before you?

BIOGRAPHY

Graham, Donald L.

Born 1948 in Salisbury, NC

Federal Judicial Service:
Judge, U. S. District Court, Southern District of Florida
Nominated by George H.W. Bush on June 17, 1991, to a seat vacated by Sidney M. Aronovitz; Confirmed by the Senate on September 12, 1991, and received commission on September 16, 1991.

Education:
West Virginia State College, B.A., 1971
Ohio State University College of Law, J.D., 1974

Professional Career:
Adjunct instructor, University of Maryland, 1975-1977
 U.S. Army Major, JAG Corps, 1974-1979
Assistant U.S. attorney, Southern District of Florida, 1979-1984
U.S. Army Reserve, JAG Corps, 1983-1991
Private practice, Miami, Florida, 1984-1991

Race or Ethnicity: African American

Gender: Male