HomeMy WebLinkAboutSubmittal - Bruce Jacobs - Comments and Support DocsSubmitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
My name is Dixie Dent. I am here because Billy Corbin said a commissioner plans to appoint
former Miami -Dade Circuit Judge Martin Zilber to be the new Commissioner for District 2.
I was former Judge Zilber's judicial assistant from February of 2019 to September of 2020. I
resigned in disgust after witnessing his unethical, dishonest, biased, and disrespectful behavior.
I reported his misconduct to the Judicial Qualifications Committee, leading to his resignation from
the bench. As his judicial assistant, I was forced to clear his calendar on Mondays and Fridays and
to cover for him as he claimed to be working, while posting selfies of himself on vacation in
Malibu California. Former Judge Zilber got paid for all those days when he was not really working.
Former Judge Zilber treated me and the bailiff as personal servants. He made me work on his re-
election campaign (which is a misdemeanor) and made the bailiff run personal errands during
work hours. He refused to pay me overtime and mistreated me so much during my high risk
pregnancy that I often went home crying. He was not a decent person.
Judge Zilber cut a deal and admitted to all of these allegations against him. He agreed to repay
$30,000 in restitution for his criminal time clock fraud in exchange for a 60 day suspension which
I found to be an outrageous dereliction of duty by the Judicial Qualifications Commission.
I filed an objection at the Florida Supreme Court saying a judge who admits to stealing $30,000
of taxpayer money (both federal and state felonies) should not be allowed to sit on the bench.
The Florida Supreme Court rejected the JQC's recommendation and ordered a full investigation.
Former Judge Zilber resigned from the bench which derailed that investigation. He never repaid
the $30,000. The Florida Bar and the State Attorney's Office did not prosecute him.
I speak out without any personal animosity to former Judge Zilber. I speak out because I fear for
democracy in Florida. I believe in the preamble to the U.S. Constitution which says our
government is there to establish justice and promote the general welfare. I believe former Judge
Zilber was part of the problem where the government is captured by special interests. This is how
it works in Cuba, and it concerns me greatly its happening in the United States of America.
Former Judge Zilber swore an oath to protect all of us and he defied that oath. It was just wrong.
Naming former Judge Zilber to be a commissioner rather than letting the people have a vote
would also be just wrong. On the bench, I saw former Judge Zilber misuse his power to help the
rich and powerful when he could have helped regular people get justice. It is wrong for this
Commission to appoint former Judge Zilber to government office again. Respectfully, former
Judge Zilber should be disbarred and in prison, not representing the citizens of District 2.
I31;\L- -suconi!1/1/(-6(uic,( 7acdos - Cam ,� ths
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
My name is Bruce Jacobs and I live in Coconut Grove for 20 years.
On June 4, 2019, the City of Miami unanimously passed a resolution creating a "Foreclosure
Sanctions Affordable Housing Trust Fund" finding:
WHEREAS, Bruce Jacobs, Esq. and his law firm (collectively, "Jacobs") have committed
to tender to the City, for the purpose of advancing affordable housing, all funds agreed to or
awarded as sanctions against Bank of America, JP Morgan Chase, U.S. Bank, Federal National
Mortgage Association ("Fannie Mae"), or any other mortgage servicers or any of their Counsel,
after attorneys' fees and costs are deducted ("Funds"), in any foreclosure involving fraud on the
court including but not limited to forgery, perjury, obstruction of justice, destruction of
evidence, backdating of records, and/or defiance of court orders related to evidence of
standing to foreclose or any false claims about a loan boarding process used to admit
documents under false pretenses;
By this resolution, the City of Miami would ensure any sanctions imposed on Bank of America
or JP Morgan Chase for violating the $25 Billion National Mortgage Settlement following the
Robo-Signing Scandal involving systemic frauds in foreclosure would be dedicated to build
affordable housing across Florida.
On February 25, 2021, this Commission unanimously passed a second resolution urging the
Mayor of Miami -Dade County to stop all foreclosure evictions until these systemic frauds were
fully investigated, finding:
WHEREAS, all City of Miami residents should be afforded the rights that are legally available to
them before their home is taken from them through fraudulent foreclosure; and
WHEREAS, the Fifth Amendment to the U.S. Constitution and Article 1, §9 of the Florida
Constitution provide "No person shall be deprived of their life, liberty, or property without due
process of law."
WHEREAS, a fraudulent foreclosure is not due process.
WHEREAS, the City Commission urges Miami -Dade County Mayor Daniella Levine Cava ("Mayor
Levine Cava") to require that the Miami -Dade Police Department not execute
eviction/foreclosure orders, including but not limited to writs of possession, until questions of
fraudulent foreclosures have been investigated and adjudicated with all due process required
by the U.S. Constitution and the Florida Constitution
Many state and federal judges called out the bad faith Jacobs exposed in foreclosures. Miami -
Dade Circuit Judge Beatrice Butchko started criminal contempt proceedings against Bank of
America, Bank of New York and their counsel for perjury about systemic fraud.
Submitted into the public
record for item(s) SP.1
on 01f07/2023, City Clerk
However, the Third District Court of Appeal in Florida quashed Judge Butchko's order, removed
her from the case, and instead made a finding of fact (which appellate courts cannot do) that all
claims of frauds in foreclosures are malicious, meritless, frivolous and false.
The Third DCA allowed unconstitutional and fraudulent foreclosures to go through, ordered
Jacobs pay $35,000 to the banks and their lawyers committing fraud, and took additional steps
to have him disbarred insisting he made malicious claims of fraud in foreclosures, all under
color of law.
In December of 2021, former Florida Supreme Court Chief Justice Peggy A. Quince wrote an op-
ed in the Miami Herald entitled Florida is Dangerously Close to Losing its Independent, Impartial
and Fair Judiciary. Justice Quince warned that Florida's courts are right now being captured by
special interests. Those of certain ideologies and campaign donors spent heavily to capture the
courts.
Justice Quince warned that courts beholden to special interests is a "perversion ... [that]
threatens to turn our higher courts and to some extent our trial courts into little more than of
an extension of the executive branch. The rule of law is in imminent danger."
Justice Quince warned of the potential for repeats of scandals that rocked the Florida Supreme
Court decades ago involving bribery, malfeasance, and misfeasance. Justice Quince warned this
happens when judges' decisions are guided by ideology and campaign donors rather than
federal and state constitutions and Florida law.
https://news.yahoo.com/florida-dangerously-close-losing-independent-
215531969. htm I?soc_s rc=co m m u n ity&soc_trk=fb
On January 6, 2022, the Florida Supreme Court voted 6-1 to refuse to consider an appeal from
an order where the Third DCA refused to disqualify itself as required by constitutional law,
made findings that the fraud Judge Butchko and the other state and federal judges exposed
using terms like bad faith, forgery, perjury, coaching witnesses, and racketeering were
malicious and false, after striking the record showing they were absolutely true.
As a resident of Coconut Grove for over 20 years, I believe our next commissioner should be
decided by an election. I've been informed by documentary film maker Billy Corbin that a
certain Commissioner is pushing for former Miami -Dade Circuit Judge Martin Zilber to be
appointed as my Commissioner. That would be an outrage.
Former Judge Zilber should be disbarred and in prison for various felonies that resulted in his
being forced to resign from the bench. Former Judge Zilber stole $30,000 by time clock fraud
and made his judicial assistant work on his reelection campaign. These are misdemeanors and
felonies that show he was not worthy to sit on the bench.
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
Former Judge Zilber was one of the trial court judges that threatened me with contempt as he
knowingly allowed fraudulent foreclosures to deprive my clients of their property without due
process. Former Judge Zilber knew he was not fair and impartial and expected the Third DCA
would protect him. Former Judge Zilber violated my clients' civil rights under color of law which
is also a federal crime under 18 U.S.C. §242.
We can do better than naming a dishonest judge forced to resign in disgrace to represent
District 2. Democracy depends on people sworn to protect and defend the constitution
honoring that oath. Martin Zilber proved he cannot be trusted to follow the law, treat people
with decency, uphold the constitution, or hold government office.
If he becomes a commissioner, he will help capture the City of Miami's legislative body for
special interests as he did as a judge. Former Judge Zilber should be disbarred and in prison, not
sitting in City Hall.
Filing # 125056139 E-Filed 04/16/2021 11:05:58 AM
Submitted into the public
record for item(s) SP.11
on 01 07 2023, City Clerk
IN THE SUPREME COURT OF FLORIDA
INQUIRY CONCERNING A JUDGE,
THE HONORABLE MARTIN ZILBER,
JQC NO. 2020-377
CASE NO.: SC21-526
DIXIDELA DENT'S MOTION TO INTERVENE,
OBJECTION TO PROPOSED RECOMMENDATION OF PUNISHMENT,
AND REQUEST FOR REFERRAT TO THE FLORIDA BAR FOR
INITIATION OF GRIEVANCE PROCEEDINGS RECOMMENDING
DISBARMENT OF JUDGE MARTIN ZILBER AS REQUIRED BY THE
FLORIDA STANDARDS FOR IMPOSING LAWYER SANCTIONS
DIXIDELA DENT, ("Ms. Dent") submits this Motion to Intervene,
Objection to Proposed Recommendation of Punishment, and Request for
Referral to The Florida Bar for Initiation of Grievance Proceedings
Recommending Disbarment of Judge Martin Zilber as Required by the
Florida Standards for Imposing Lawyer Sanctions, and states:
The complaint filed against Judge Martin Zilber cited and mirrored the
complaint filed against former Broward County Circuit Court Judge John
Contini. In 2018, Judge Contini resigned from the bench in disgrace and
was disbarred after his judicial assistant exposed him for "timecard theft" by
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
falsifying time records to defraud the taxpayers.'
Dixidela Dent was the complainant against Judge Zilber and endured
his unprofessional, unethical, illegal, and abusive conduct as his judicial
assistant. Judge Zilber reduced Ms. Dent to tears by his reaction to her
sharing that she was pregnant and medical professionals confirmed it
would be a high -risk pregnancy. Judge Zilber complained to her this was
"the worst time" and "going to ruin all his plans" and otherwise showed
contempt for her pregnancy. Judge Zilber also abused his power by making
Ms. Dent and the bailiff run personal errands and drive him around town.
However, Judge Zilber actually done far worse than he has admitted.
The Judicial Qualifications Committee ("JQC") left out from its
complaint that Judge Zilber sent Ms. Dent emails at night instructing her to
work on his re-election campaign. Ms. Dent's original JQC complaint
provided the emails showing Judge Zilber ordered her to work on his
campaign. See attached as Appendix A. Judge Zilber coerced and directed
a county employee to engage in political activity for his campaign. Ms. Dent
compiled lists for campaign email blasts, redacted information provided to
the Bureau of Elections, and even went to the bank to open his campaign
account. This conduct may constitute a criminal violation of Florida Statute
hops://www. sun-sentinel.com/local/broward/il-ne-broward-iudge-contini-disbarred-20180910-story.html
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
§104.31 which prohibits political activity by county employees.
Ms. Dent continued to endure Judge Zilber's abuse of power even
after she quit working for him. Judge Zilber apparently blacklisted Ms. Dent
who could not find employment in the legal field after she quit. Every final
interview vanished once the law firm checked her references. A former
judicial assistant is usually a highly coveted asset for a law firm. Yet, all the
law firms that interviewed Ms. Dent went with other options. Ms. Dent and
her counsel are informed of comments defending Judge Zilber that she was
a disgruntled employee about to be fired - even after Judge Zilber admitted
to his abuse. Ms. Dent was a hard worker who left to end her abuse.
The JQC also neglected to address that Judge Zilber targeted the
most vulnerable, ordering foreclosures to proceed in direct violation of
Governor Ron DeSantis' executive order imposing a moratorium due to
COVID. Judge Zilber entered final judgments of foreclosure during the
COVID state of emergency.
The JQC complaint appears to have ignored the possibility that Judge
Zilber engaged in criminal conduct. Judge Zilber admitted abusing his
pregnant judicial assistant, using his county employees as personal
assistants and chauffeurs, and defrauding the taxpayers by taking
unauthorized time off and submitting falsified paperwork to cover it up. This
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
misconduct may constitute a clear and unauthorized abuse of power. It is a
stain on the good judges who work tirelessly to honor and uphold the
Judicial Canons and model ethical conduct.
The JQC's report and recommendation appears unimpressed by
Judge Zilber's damning admissions of felony criminal conduct. Judge Zilber
admitted he obtained $30,000 from the taxpayers using falsified time
records. Judge Zilber cleared his calendar on Mondays and Fridays for
months, posted instagram selfies enjoying a week on vacation in Malibu,
California, and falsified documentation to get paid for all those hours. Judge
Zilber's financial disclosures show he is a millionaire many times over. The
JQC treated his time card theft as a loan with no interest or penalties. He
cannot return $30,000 and move on with integrity. Ms. Dent would be fired
and prosecuted criminally is she did what Judge Zilber admitted doing. Just
as Judge Contini did, Judge Zilber dishonored his oath of office and his
oath of attorney. A county employee engaged in time card theft should be
fired and prosecuted, not rewarded with a coveted circuit court judgeship.
Judge Zilber admitted he fraudulently obtained at least $30,000 from
the taxpayers coffers by falsifying his time records, while also denying Ms.
Dent overtime for the work he made her do at all hours on his campaign.
This violates several felony statutes including Fla. Stat. §817.034
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
(organized scheme to defraud $20,000 - $50,000 — 2nd Degree Felony; Fla.
Stat. §812.014 (grand theft over $20,000 — 2nd Degree Felony) Fla. Stat.
§838.022 (falsifying official records to obtain a benefit — 3rd Degree felony);
and Fla. Stat. §839.13 (falsifying records by any judge — first degree
misdemeanor). Judge Zilber also violated 18 U.S.C. §641 criminalizing theft
of public money and 18 U.S.C. §1343 criminalizing wire fraud. No other
criminal defendant charged with such crimes would get off with just a fine.
As the Honorable Florida Supreme Court Justice Fred Lewis stated:
I continue to hold the view that if conduct is so egregious as to
require enormous monetary fines, the judicial office itself has
been soiled and damaged. If we continue down this path, in my
view, we undermine trust and confidence in the judicial
system... In my view, the imposition of this fine, the amount of
which is clearly designed and intended to represent the
enormity of the reprehensible behavior, sends the message ...
that they may violate the Code and commit ethical breaches, if
they are prepared to pay a monetary fine .... The kind of
promises and type of condemnable campaign behavior
demonstrated here tarnishes the very purpose for which the
judiciary was established — to fairly and impartially consider
any and all matters, without preconceived notions or positions
about the merits of each case.... I conclude that if the actions
are so reprehensible that the majority believes the imposition of
a $50,000 fine is justified, those actions must certainly justify
removal from the office so tainted. Selecting an enormous fine
as discipline only sends the message that "anything goes" in
judicial elections if a candidate has the financial ability to pay
the monetary consequences. In re Pando, 903 So. 2d 902, 904-
5 (Fla. 2005)(J. Lewis concurring).
Judge Zilber admits his conduct was "intemperate, inappropriate, and
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
damaged the public's perception of the judiciary." His conduct may also be
illegal, unethical, and morally irreprehensible, thereby requiring that he
forfeit any right to serve the public as a judge or a lawyer. Judge Zilber
admits to the probable cause allegations that he violated Judicial Canon 1
by failing to personally uphold the highest standards of conduct to preserve
the integrity of the judiciary. Judge Zilber admitted violating Canon 2 by not
respecting and complying the law and acting in a manner that promotes
public confidence in the integrity and impartiality of the judiciary. Judge
Zilber admitted to violating Canon 3, 3(b)(4), and 3(C)(1) by allowing his
personal activities to take precedence over his judicial duties. He admitted
he was not dignified, patient or courteous to Ms. Dent or his bailiff. He
admitted he did not diligently discharge his duties as a judge which
undermined his independence, integrity, and impartiality; demeaned the
judicial office; interfered with the proper performance of judicial duties; and
appeared to be coercive. This all warrants his removal and disbarment.
The Florida Standards for Imposing Lawyer Sanctions is highly
instructive as to why Judge Contini's resolution is exceedingly appropriate
in Judge Zilber's case. Judge Zilber should similarly be removed from the
bench and his conduct should be made the subject of an inquiry by The
Florida Bar for initiation of grievance proceedings. Respectfully, the Court
Submitted into the public
record for item(s) SP.1
on 01 07 2023, City Clerk
should consider the likelihood of prison for an average citizen who admitted
to the same felony criminal activity as impacting the outcome of this matter.
Florida Standards 4.1(a) states disbarment is appropriate when a
lawyer knowingly and intentionally takes funds by fraud or deception.
Florida Standards 4.1(a) states disbarment is appropriate when criminal
acts intentionally interfered with the administration of justice and involved
misrepresentation, fraud, misappropriation and theft that seriously
adversely reflects on a lawyer's fitness to practice. Judge Zilber admitted
coercing his bailiff and judicial assistant to assist him in this misconduct.
Judge Zilber "violated one of the most basic professional obligations to the
public, the pledge to maintain personal honesty and integrity." See
Comment to Florida Standards 5.1.
Florida Standards 5.2 states disbarment is appropriate when a lawyer
fails to maintain the public trust by knowingly misusing his position as a
judge with the intent to obtain significant benefit for himself and cause
serious injury to others and to the integrity of the legal process. Judge
Zilber forced his staff to fabricate records to cover his absences and forced
Ms. Dent to submit false time records that did not show her overtime
working on his campaign and personal errands. This conduct is far beneath
the dignity of a judge. It is dishonest and unethical.
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
Florida Standards 6.1(a) allows disbarment because Judge Zilber's
dishonestly, fraud, deceit, and misrepresentations were made knowingly
with the intent to deceive. Florida Standards 7.1(a) states disbarment is
appropriate because Judge Zilber's deceptive conduct and statements
were made intentionally to engage in dishonest conduct with the intent to
benefit Judge Zilber personally, and cause serious injury to Ms. Dent, the
bailiff, the public, and the legal system.
A judge is a pillar of our justice system and the public expects highest
and irreproachable conduct from anyone performing a judicial function.
Judges must endeavor for the utmost standards of integrity in both their
professional and personal lives. They should be knowledgeable about the
law, willing to undertake in-depth legal research, and be able to write
decisions that are clear, logical and cogent. Their personal and
professional judgement must be sound and they should make informed
choices and decisions that will stand up to close scrutiny. Judges should be
fair, open-minded and devoid of political favoritism or self-aggrandizing.
Judge Zilber and Judge Contini clearly do not meet these standards.
On April 12, 2021, the Miami Herald Editorial Board published a
scathing editorial entitled "FL Supreme Court Should Slam Zilber for Sexist,
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
Arrogant Behavior Unbecoming to a Judge."2 The Miami Herald, which
endorsed Judge Zilber in his last election, said this of his misconduct:
We think the JQC's recommendation is rather lenient. Yes,
Zilber took responsibility for his actions and appeared contrite.
But we would hope that the Supreme Court would also factor in
this judge's arrogant, sexist words and deeds. He is an elected
official from whom much more is expected. He abused not only
his staff, but also the dignity and integrity of his office.
As this filing now makes clear, Judge Zilber also ordered his county
employee to work on his campaign. Judge Zilber got paid for all his allotted
13 court holidays and 25 regular paid vacation/sick days. The other 51
days of paid time off came from his time card theft. Judge Zilber ordered
his judicial assistant to cover for him every Monday and Friday and while
he vacationed in Malibu posting selfies on Instagram while on the county
taxpayer's dime. Judge Zilber is honored to sit on a bench, not a throne.
Many judges strive to model integrity, honesty, and common decency.
Allowing Judge Zilber to return to the bench dishonors their efforts.
The Florida Bar News recently reported that The Florida Bar
President Scott Hawkin recently created the "Hawkins Commission" to
conduct a self -audit of the discipline system. Lawyer Regulation Under
Review, 2/1/2012 Flbn 1. Mr. Hawkins correctly noted "Perhaps our most
2 https://www.miamiherald.com/opinion/editorials/article250613759.html
Submitted into the public
record for item(s) SP.1
on 01/07/2023, City Clerk
important function is to self -regulate; and it is a privilege we have to self -
regulate, and it is a responsibility we have to do as well as we can, and that
is what this effort is about." Commission Member Skip Smith noted the
disparity "where a lawyer gets suspended for 10 days in a big firm, they go
on a 10-day vacation and come back like nothing happened." Smith said.
Judge Zilber engaged in serious, dishonest and likely criminal
misconduct. He should not be allowed to return stolen taxpayers' dollars,
take a remedial judge class, enjoy a 60 day vacation, and return to the
bench like nothing happened. Ms. Dent should be allowed to intervene in
these proceedings. The Court should reject the JQC recommendations as
insufficient and find Judge Zilber violated his oath of office and his oath of
attorney. The Court should refer Judge Zilber to The Florida Bar for the
initiation of grievance proceedings leading to his disbarment.
Respectfully submitted,
JACOBS LEGAL, PLLC
ALFRED I. DUPONT BUILDING
169 EAST FLAGLER STREET, SUITE 1620
MIAMI, FLORIDA 33131
TEL (305) 358-7991
FAx (305) 358-7992
SERVICE EMAIL: EFILE@JAKELEGAL.COM
BY: BRUCE JACOBS
BRUCE JACOBS
FLORIDA BAR No. 116203