Lee County "rocket docket" money running out

LEE COUNTY: Free state money for Lee County's "rocket docket" program, which is designed to get foreclosure cases through the system faster, is set to run out in three months. But some say that's a good thing.

Attorney Todd Allen doesn't mince words. He says he spends about 80 percent of his time handling foreclosure cases and believes the rocket docket has been flawed from the beginning. 

"It's a judicial nightmare, it's broken, it was never meant to work," he said. "Due process rights are violated left and right."

It's a strong accusation that the judges don't take lightly and are quick to defend. 

"All of procedural requirements and due process requirements are being followed and I think effectively so," said Judge Michael T. McHugh.

Some frustrated homeowners are critical of the process - even throwing personal attacks against senior judges. 

"I think it's really doing a disservice to them to disparage them and say they aren't able or capable to handle cases because they clearly are," said Judge McHugh.

He says without them, other court cases would come to a stand-still. 

"Our personal injury, business contract cases, your commercial foreclosure, whatever type of civil case isn't going to be heard or at least delayed," said Judge McHugh.

Last July, the state gave Southwest Florida $425,000 to pay for case managers, magistrates, and senior judges who do nothing but hear foreclosure cases. That money runs out in June

"The objective was to stabilize the market by getting foreclosures down and we've done that," said Lee County Clerk Charlie Green.

Green says the numbers prove it's working.

The highest number of filings was 2,600 in October 2008. In last month 341 were filed, numbers that both sides hope continue to go down.

By Stacey Deffenbaugh