Filing # 17583359 Electronically Filed 08/27/2014 02:12:03 PM

RECEIVED, 8/27/2014 14:13:38, John A. Tomasino, Clerk, Supreme Court

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION
STATE OF FLORIDA
CASE NO.: SC14-985
INQUIRY CONCERNING A JUDGE,
THE HONORABLE GISELE POLLACK
NO.'s: 13-633, 14-151, 14-187
JUDGE GISELE POLLACK's ANSWER TO
JUDICIAL QUALIFICATIONS COMMISSION's
NOTICE OF FORMAL CHARGES
JUDGE GISELE POLLACK, by and through her undersigned counsel, hereby
Answers the Notice of Formal Charges as follows:
1. Admitted;
2. Admitted;
3. Admitted;
4. Admitted;
5. Admitted;
6. Admitted;
7. Admitted;
AFFIRMATIVE DEFENSES AS TO MITIGATION
The Respondent herein avers that the actions encompassed within the four corners
of the above Notice of investigation were caused by, and as a result of, a dependency
upon alcohol that incapacitated her and for which she has sought, and is successfully
receiving, treatment and therapy the details of which said treatment and therapy will be
further expanded upon at hearing in this matter. The Respondent's judicial and legal
LAW OFFICES OF BOGENSCHUTZ, DUTKO s KROLL, P.A.
600 S. ANDREWS AVE., SUITE 500 - FT. LAUDERDALE, FL 33301 042 TEL.: (954) 7 64-2500 042 FAX: (954) 764-5040 - WEBSITE: WWW.BDKPA.COM
career, are, and have been, exemplary, and without discipline or complaint of any type,
save and except for the issues that gave rise to this investigation over a period in excess
of twenty-five years. The ultimate sanction of removal is unwarranted in this case. The
appropriate sanction is reprimand with special conditions that address this disability.
FJQCR RULE 11 REQUEST
Respondent Judge, pursuant to FJQCR Rule 11, requests herein that any hearing
on the Notice of Formal Charges be conducted in Broward County, Florida inasmuch as
the overwhelming majority of mitigation witnessess who will be called to testify on her
behalf, including multiple subpoenaed judges at the County, Circuit and Appellate Court
levels are resident in Broward County and the costs and inconvenience to both the witness,
and the court system as a whole, in absenting them from this jurisdiction for any period of
time would be substantial.
Respectfully submitted,
BOGENSCHUTZ, DUTKO & KROLL, P.A.
Attorneys for Judge Pollack
600 S. Andrews Ave., Ste. 500
Fort Lauderdale, FL 33301
(954) 764-2500
E-mail: jdblaw0515@aol.com
/s/ J. David Bogenschutz
BY:
J. David Bogenschutz, Esq.
Florida Bar No. 131174
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that true and correct copies of the foregoing Answer have
been furnished by E-mail on this 27th day of August, 2014, to the following:
Michael L. Schneider
General Counsel to the Commission
Special Counsel to the Commission
P.O. Box 14106
Tallahassee, FL 32317
mschneider@floridajqc.com
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LAW OFFICES OF BOGENSCHUTZ, DUTKO & KROLL, P.A.
600 S. ANDREWS AVE., SUITE 500 042 FT. LAUDERDALE, FL 33301 042 TEL.: (954) 764-2500 042 FAX: (954) 764-5040 042 WEBSITE: WWW.BDKPA.COM
Eric Schwartzreich, Esq.
Schwartzreich & Associates
208 S.E. 6* Street
Fort Lauderdale, FL 33301
eschwartzreich@floridalawyerdefenseteam.com
Frank Maister
Ste. 925 Wachovia Tower
One E. Broward Blvd.
Fort Lauderdale, FL 33301
frankmaister@hotmail.com.
/s/ J. David Bogenschutz
BY:
J. David Bogenschutz, Esq.
Attorney for Judge Pollack
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LAW OFFICES OF BOGENSCHUTZ, DUTKO & KROLL, P.A.
600 5. ANDREWS AVE.. SUlTE 500 - FT. LAUDERDALE. FL 333Of 042 TEL.: (954) 764-2500 042 FAX: (954) 7 64-504O * WEBSITE: WWW.BDKPA.COM