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November 9, 2005 IEQ/Mold Consulting Firm Nationally Recognized a Second Time   Volume 1 Issue 182  
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Snags Expected As Courthouse Reopens Today
The Broward County Courthouse is set to reopen to the public today, but a normal return to justice could take months.
by SARA OLKON, MiamiHerald.com


The twisted metal beams and jagged shards of glass have long been cast from the streets that lead to the Broward County Courthouse in Fort Lauderdale.
 
But the intangible mess wrought from a storm that virtually suspended the county's legal universe for two long weeks still lingers. While the court building on Southeast Sixth Street is set to reopen this morning, for scores of crime victims, defendants, lawyers and clerical workers, normalcy is still weeks away.
 
All court hearings scheduled on the business days from Oct. 24 through Nov. 4 must be rescheduled. Jury trials in progress before Wilma hit are susceptible to defense or prosecution motions for mistrial. It's possible that many jurors who were seated before the storm now are dealing with damage to their homes and businesses, and would be hard-pressed to continue service.
 
It's also likely -- especially in criminal cases -- that a lawyer could persuasively argue jurors would have forgotten evidence they heard two weeks ago, before such an overwhelming event.
If granted by the court, a mistrial would mean starting over. The trial would have to be rescheduled and a new jury chosen.
 
''We will be suffering the effects for at least the next couple of months,'' said Broward Public Defender Howard Finkelstein.
 
He said his office would not issue subpoenas to depose police officers for court duty for at least the next four weeks. ''Do you want to bring in cops who are directing traffic?'' Finkelstein said.
With officers unavailable to testify, many cases will have to be delayed.
 
Chief Judge Dale Ross said he hoped Monday would not be chaotic. Courthouse power is restored, and staff members have been back at work for a week, cleaning up and readying the building to welcome the public.
 
Iris Siple, chief administrator for the clerk of courts, said her staff hopes to get all missed hearings reset within a month. With anticipated conflicts, she hopes that all business canceled by the hurricane will be heard by the court within the next two months.
 
''Each judge can obviously hear so much each day,'' Siple said.
 
$4 MILLION IN REPAIRS
 
Circuit Judge Robert Lance Andrews predicted that ''not a lot of major things will get accomplished'' today, but said having everyone back at work will ``do a lot to calm the muddled waters.''
 
Repairs to the courthouse are expected to run $4 million, said Pete Corwin, an assistant to the Broward County administrator. The cost reflects both short- and long-term repairs, including replacing the 175 or so windows that blew out and rebuilding damaged courtrooms and offices.
That estimate assumes that mold won't pose a problem as it did last year in West Palm Beach after Hurricanes Frances and Jeanne.
A year ago, Chief U.S. District Judge William J. Zloch closed the federal courthouse in Palm Beach County after courthouse employees complained of headaches, sinus problems and watery eyes. Tests showed that mold had sprouted around windows. The building is slated to reopen next month, after an estimated $2 million cleanup.
 
MOLD FOUND
 
On Tuesday, workers discovered some mold inside the Broward County Courthouse. The damage appears to be confined to the administrative offices on the eighth floor, but further tests are pending.
 
Some attorneys whose private offices were damaged by Wilma also are struggling to get back up and running.
 
Fort Lauderdale commercial litigator Michael Elkins and his partner were allowed a half hour Saturday to pull important files from their office at One Financial Plaza.
The storm blew out windows and frames from the building at 100 SE Third St., rendering it unsafe for tenants.
 
Elkins now toils from a guest house in Cooper City. Hit to company savings: About $35,000.
''It's terrible,'' said Michael Gottlieb, past president of the Fort Lauderdale Criminal Defense Attorneys Association, referring to conditions at his Southeast Second Avenue office. ``We have no power. We can't run computers. We are just manning phones.''
 
To be sure, a hamstrung state courthouse added mightily to the pain. Plaintiffs seeking a civil remedy have had to be patient; deadlines for lawsuit filings and civil disputes were extended by law.
 
Without power, lawyers couldn't access the Internet or computerized files. They couldn't reset hearing dates. They've been further hampered by spotty phone service, slow mail and precarious driving conditions.
 
''I'm kind of taking it easy, frankly,'' defense attorney Bill Gelin said Wednesday.
 
Beginning the Wednesday after the storm, judges began holding first-appearance hearings and emergency bond hearings for people charged with crimes.
 
Likewise, those who sought domestic violence and restraining orders were helped, as were people with urgent dependency and mental health cases.
 
Traffic fines and civil penalties that may have amassed due to the scheduled interruption have been waived.
 
''It's a storm that no one really respected its intensity,'' said Howard C. Forman, clerk of courts. ``The inconvenience really got a lot of people's goat.
 
``We are going to do the best we can.''
 

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