ADJUDGING DEFENDANT IN INDIRECT CRIMINAL CONTEMPT OF COURT AND ORDER OF
On August 22, 2011, this Court issued an
Order to Show Cause and Notice of Arraignment directed to the
Defendant, Julian Heicklen, ordering him to appear and show cause why
he should not be adjudged guilty of, and punished for, indirect
criminal contempt of court for his willful violation of Administrative
Order 2011-03 and Administrative Order 2011-07-01 on August 18, 2011,
and on August 22, 2011.
The Order to Show Cause was served on the
Defendant on August 22, 2011. An Arraignment in this matter was
held on August 22, 2011, wherein a plea of not guilty was entered on
behalf of the Defendant. On September 1, 2011, the trial in this
matter was held.
After fully considering the evidence, the
Defendant’s arguments, witness testimony, and being otherwise
fully advised in the premises, this Court finds:
1. Administrative Order 2011-03 governs
expressive conduct toward summoned jurors by prohibiting the
dissemination of all leaflets and other materials to summoned jurors
containing written or pictorial information tending to influence jurors
and other like action on courthouse grounds. Recently the Fifth
District Court of Appeal upheld the validity of this Order from
constitutional attack by the Fully Informed Jury Association.
Said Association had argued the Order violated free speech principles
because it was unconstitutionally vague and overbroad, among other
2. Administrative Order 2011-07-01
established designated public speech areas, Exempt Zones, on the main
Orange County Courthouse complex grounds. Those people or groups
who wish to engage in First Amendment activities on courthouse grounds
may do so but must engage in those activities only in certain areas.
3. The Defendant was fully aware of both
Orders and had previously received copies of those Orders from Orange
County Sheriff’s deputies. The deputies had explained said
Orders to the Defendant on multiple occasions.
4. On August 18, 2011, and again on August
22, 2011, the Defendant distributed leaflets advocating certain beliefs
which tended to influence summoned jurors and specifically targeted
those persons summoned for jury duty in direct violation of
Administrative Order 2011-03.
5. For violating Administrative Order
2011-07-01 on August 2011, the Defendant is sentenced to 145 days in
the Orange County Jail, to run concurrent with his sentence set forth
in paragraph 2 immediately above, with credit for time served to this
6. Within 60 days of release from
incarceration, the Defendant shall start making payments of his costs
and fine. Defendant shall pay no less than $30.00 minimum monthly
payment until the sentence is satisfied. If the Defendant is
unable to pay, he must let the Clerk of Court know and appropriate
adjustments shall be made.
7. The Defendant has the right to
appeal. If he chooses to do so, he must file the proper documents
to appeal within 30 days from the date of this Order.
DONE AND ORDERED at Orlando, Orange
County, Florida on the 2nd day of September, 2011.
Belvin Perry, Jr.
I HEREBY CERTIFY that a trued and correct
copy of the foregoing Order was mailed by U. S. Mail to: Julian
Heicklen, #11032297, P. O. Box 4970, Orlando, Florida 32802-4970 on
this 2nd day of September, 2011.
CERTIFICATE OF SERVICE
by) Robin A. Bylu