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Note to Sandy Bohrer -- Tom Petty Was Right.

The waiting is the hardest part:

After an exhaustive genealogical search, Judge Cohen has been unable to conclude that she, too, is distantly related to Bob Martinez. Not only that, her efforts to get the parties to settle informally have been a bust. Then the defense had the nerve to rest. And she's got a tough reelection battle looming, with a vote on August 26. What to do, what to do:

Cohen said she'll wait to make a decision on a key remaining count until the Florida Supreme Court finishes work on a case involving the use of public money without a vote. The justices are on break until the end of August.

The announcement enraged the defense, which had won every key ruling until now but fears a delay could doom the team's long-sought dream stadium.

"My client's finances are hanging by a thread, we may not be able to hold on to August," bellowed Sandy Bohrer outside the courtroom.

I'm kidding, of course. Here's what he really said:

When Marlins attorney Sandy Bohrer told the judge she had an obligation to rule and city of Miami attorney Henry Hunnefeld said there was no guarantee the Supreme Court would rule anytime soon with three members set to retire by year's end, Cohen said she resented the pressure.

''This is about me doing what is intellectually honest. They're going to make this opinion before these justices leave. I have an obligation to wait,'' she said.

Sandy, if you think waiting a month for a ruling is an unaccountable outrage, don't try practicing in federal court.

But let's try to understand exactly what poor Judge Cohen is thinking here:

In an Escambia County case, the Supreme Court initially overturned almost 30 years of precedent by ruling that property-tax money used to pay off bonds needs to go to a public vote. Later, they agreed to rehear a motion and have yet to issue a final order. Cohen said she fears the justices may change their minds, and that she's trying to avoid having her decision overturned.

''The law is unclear; there's a lot at stake,'' said the judge. ``I think they're going to recede from it -- but they haven't done it yet.''

Ok folks, that case does seem kinda relevant. What's the harm in waiting a month so as to be guided by directly applicable precedent? Plus, Judge Cohen and Justice Quince are about to be pen pals:

Cohen said she will send a letter asking Supreme Court Justice Peggy Quince when the court will rule.

Aww! And there's more:

For about 90 minutes before she announced her decision Tuesday, Cohen had the court watch video of the Supreme Court wrangling over their ruling. ''What I hear is in fact the court may have gotten itself into a quagmire here,'' she said.

God I love Miami.

Full post as published by South Florida Lawyers on July 23, 2008 (boomark / email).