WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, July 22, 2016

Thursday, July 21, 2016

ANCHORS AWEIGH

Ahoy there matey!

Who is this swabby? Why is he running for judge?

Is it ethical to appear in active US Military uniform while running for judge? 

Should the official Navy Emblem be on his website?



We're sorry and most of our readers are too young to get the references, but when we first saw this, we laughed because the only images it brought up in our mind was Gilligan and McHale's Navy, neither of which are the type of serious thoughts a judicial poster should create. 

Avast and see you in court. 

Tuesday, July 19, 2016

WHEN WE ARE WRONG WE ARE WRONG

Yesterday we posted our disappointment in the speakers at the Republican National Convention. 

But then the wife of Donald Trump (motto "I'm de vife, del vit it")  spoke, and having filled her speech with the words of First Lady Michelle Obama from 2008, we are forced to reconsider our criticism. 

Sometimes when we're wrong, it just pays to admit it and move on. 

Monday, July 18, 2016

HAPPY DAYS

The first Republican president of the United States, Abraham Lincoln, is remembered for the Emancipation Proclamation,  his second "A house divided" inaugural address, and perhaps the greatest speech in recorded history: The Gettysburg Address.

Teddy Roosevelt, the 26th president of the United States, started construction of the Panama Canal, wrote and delivered the "Man in the Arena" speech much quoted on this humble blog, and won the Nobel Peace prize for helping end the Russian-Japanese War.

At the current Republican convention, someone who works with something called "Duck Dynasty" gave a prime time speech on the first night.

President Dwight David Eisenhower, wrote two speeches the night of June 1, 1944, one announcing the successful invasion of Europe, another announcing the failure of the invasion. Two nights later he made perhaps the most momentous decision of the twentieth century, giving the go-ahead for the Allied invasion of France, and as Winston Churchill opined, not the end, not the beginning of the end, but the end of the beginning of the Nazi occupation of Europe. As President, Eisenhower spent his farewell address warning the country about the rise of the "military-industrial complex."

Words matter. Speeches can change the world.
On June 12, 1987, Ronald Wilson Reagan stood in front of the Berlin Wall and said "Mr. Gorbachev, Tear Down This Wall!!!." Four years later, on December 25, 1991, the Soviet Union went out of existence, not with a bang, but a whimper.

Scott Baio, of Happy Days and Joanie Loves Chachi fame, also addressed the current Republican National Convention.

The Gettysburg Address. Roosevelt. Eisenhower. "Tear Down this wall!" And now Duck Dynasty and Joanie Loves Chachi.

There's nothing we can say that would ameliorate the enormity of this tragedy and the dumbing down of America and the Republican Party.  

Friday, July 15, 2016

SPOT THE ERROR

UPDATE: Trump/Pence phallic symbol quickly nixed as campaign logo as twitter erupts in laughter. 

As quickly as the T, penetrating the P made it's debut as the campaign's logo, it was removed when twitter users noted the obvious homo-erotic connotations of Trump penetrating Pence. 

Scratch San Francisco off the Trump ticket's target area in the upcoming campaign. And things seemed so promising. 


UPDATE VIDEO OF THE ESCAPE video


We've obtained a copy of the video of the escape.
We also have a copy of the statement of the State Attorney:
"This incident captured on video will not go unpunished. The SAO has endeavored to make clear that running in the courthouse will not be tolerated. It's a serious violation of the Fort Lauderdale county ordinance and we will prosecute this defendant to the fullest extent of the law."

Two different news organizations reported on the escape of an inmate in Broward County. 

Spot the error.

Wednesday, July 13, 2016

BREAKING NEWS ... JUDGE JACQUELINE SCHWARTZ RESIGNS ....

UPDATE: THE BEST FU EVER



Everything in life comes down to the Odd Couple. 
THE CAPTAIN REPORTS:

BREAKING NEWS ..... JUDGE JACQUELINE SCHWARTZ HAS RESIGNED* .....

In a surprising move, Miami-Dade County Court Judge Jacqueline Schwartz informed Governor Scott that she is resigning from the bench.  Rather than face continued scrutiny by the Florida Supreme Court, and an ongoing investigation by the JQC, which is in the midst of its inquiry into her most recent actions while on, and off, the bench, Schwartz chose to end the case, and her judicial career.

Judge Schwartz had a colorful history while serving on the bench in Miami-Dade County.

Schwartz became an attorney in 1992 and joined Yale Galanter's law firm as an associate.  After spending two years there, she broke out on her own for the next eight years.

In 2002 she announced for Group 19 of the County Court.  Her opponent, Eric Hendon.  In the September 2002 primary, she defeated Hendon 121,453 - 115,568.  She then ran, unopposed, for reelection in 2008.

In 2014, Schwartz drew two opponents: Frank Bocanegra and Rachel Dooley.  Schwartz garnered over 49% of the vote in the primary but Bocanegra forced her into a runoff.  In the runoff, Schwartz retained her seat by a 58% - 42% margin.

It was on election night 2014, November 4th, that the proverbial sh-t began to hit the fan.  On that night, her campaign manager  provided a statement to a Herald reporter, on behalf of Judge Schwartz, which stated:

 ..... that the voters seemed to have "gone past the days when any nondescript Hispanic could go on the ballot and defeat any Anglo sitting judge" .....

The statement was not well received.

Schwartz began her apology tour by issuing the following statement:

"I fully understand my comments could readily been seen as offensive to the community, something I never intended and that pains me greatly... I should have never issued the post-election statement that has, understandably, caused so much concern. I retract the statement completely"

Schwartz also appeared before the CABA Board of Directors to personally apologize for her comments.

Her problems didn't end there.  They actually began several months earlier in June of 2014.  You see, it was during that hotly contested 2014 campaign against Bocanegra and Dooley that Schwartz noticed a oversized campaign sign outside a Kwik Stop store in Miami.  Schwartz, not particularly caring for the fact that the Kwik Stop decided to support her opponent, went inside the store and confronted the store's owner.   Schwartz got into an argument with the owner, Firas Hussain, and eventually told him to "Go F--k yourself" and then threatened to sue him.

After the election, in February of 2015, the JQC filed formal charges against Schwartz for her conduct at the Kwik Stop store.  Schwartz and her attorney reached an agreement with the JQC whereby she would issue a written apology and be publicly reprimanded before the Florida Supreme Court.

But, the Florida Supreme Court rejected that resolution.  Finally, in April of 2015, Schwartz agreed to not only issuing the formal letter of apology, and the public reprimand, but also to a 30 day suspension and a fine of $10,000.  The public reprimand took place on December 9, 2015.  It didn't take long for Schwartz to step out of line yet again.

On March 18, 2016, at the Ergon Greek Restaurant, Schwartz was “acting in an irrational and disorderly manner,” slurring and spilling wine, according to a report. Miami paramedics and police were called to the scene and she told them they “couldn’t do anything” to her because she is a judge.  She continued her tirade:  “You are a f---ing idiot, you don’t know who I am,” she yelled at a waiter after she was refused more alcohol, according to a state investigative report.  The report also quoted the judge calling police officers “pigs” when they were summoned to the restaurant to investigate.

Ten days later, on March 28th, while sitting on the bench, according to a JQC Report on the matter:

“Court personnel, litigants and police officers waiting to testify observed that you were unsteady on your feet, slurring your words and unable to concentrate,”.  Chief Judge Bertila Soto ordered she go home. Schwartz insisted she could drive herself, but her bailiff ultimately took her. The investigation revealed that she could not remember her own address.

The JQC opened their newest investigation into Judge Schwartz' latest antics on April 18th, issuing new formal charges.  The following day, on April 19th, the Florida Supreme Court issued an emergency Order that stated, in part: 

"Judge Jacqueline Schwartz is hereby immediately suspended from office with pay pending disposition of this proceeding. The parties shall file simultaneous responses as to why Judge Schwartz should not be suspended without pay pending disposition of this proceeding"

On June 30, 2016, the Florida Supreme Court issued a new ruling, stating:

"Having considered the parties' responses and the applicable law, the suspension of Judge Schwartz shall remain with pay pending disposition of this proceeding".

Surprisingly, Schwartz chose to resign rather than continue her battle to retain her job.  She was represented throughout the JQC proceedings by attorney Jeffrey Feiler.

So, now, the JNC will begin the process of accepting applications, interviewing attorneys, and sending names up to Governor Scott who will eventually name her replacement.

*The resignation is effective as of July 31, 2016.

CAPTAIN OUT .....
Captain4Justice@gmail.com





Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Tuesday, July 12, 2016

WHO FEELS SAFER?

The last time we wrote a post five Dallas police officers had just been murdered in an ambush. 

Since then, a defendant in Illinois grabbed a gun and murdered two bailiffs in court, and currently during the afternoon of Tuesday, the U.S. Capital is on lock down with a security threat. 

Two sets of law enforcement officers killed by a gunman. 
Just wondering about all those gun enthusiasts who argued that the solution to the massacre in the Orlando nightclub was more people being armed. 

Armed officers didn't seem to be able to stop the murders in Dallas and Illinois. 

And now we have armed officers in the REGJB walking around with assault rifles.

Who feels safer?

The Notorious RBG gave an interview over the weekend and trashed The Donald. 

Trump reacted by calling for Ginsburg to apologize, resign, and go to work on a crew building a wall in Texas. 
Query: Supreme Court Justices out of bounds commenting on presidential candidates? Or is their role just limited to stopping recounts when their party's candidate is in trouble? 

Trump to announce his VP pick this week. 

The summer keeps getting hotter and longer, and still no real leader in sight. 

See You In Court.