Tuesday, February 28, 2006

DOG PILE ON THE JA

The CAPTAIN reports:Update on Group 9 of the County Court:Victoria del Pino has finally drawn opposition. I am pleased to report that the five year attorney (del Pino) will now face off against an actual veteran of the bar, with 8 years of experience, one Joel S. Jacobi, of North Miami.There have been no other changes to the races reported in County or Circuit Court and fundraising reports are not due for the next reporting quarter until March 31, 2006.Rump:I would like to get a poll going on Election vs. Appointment; what do you think?Of course, I think some of your bloggers would prefer duels by firearm, LSAT score comparison, or just plain fistacuffs to a good ole election.and the Captain has spoken ........


Captain has his detractors:

Dear CaptainYou bug me.


ON JA HIJINKS: Someone had replaced BHB as public enemy number Uno. Not many denizens of the REG Justice Building have any sympathy for JA politico wannabe D’Arces, as this collection of posts demonstrate:


Well, well, well, how the mighty have fallen. Wasn't it Jimmy Durante who said, "Be careful who you step on on the way up, you'll meet those same people on the way down." I know EXACTLY of who you speak, and I can guarantee you, it sounds just like his style. So ready to rat others out while his hands remain dirty. This news will make me smile all day, and for those who know me...that's saying something.

---

You know, I would love to be sympathetic, but I left it in my other suit. I wonder how much KY it's going to take to get him out of THIS one...
---

Anonymous hearkens back to the Senate Watergate hearings, and quotes Senator Howard Baker about D’Arces’s employer:

What did Ivan know and when did he know it?


Anonymous writes:

Hey Rumpy. I can't stand that JA. He's mean, manipulative, and extorts people. Ivan H. should run away from him like the plague. Why don't you tip this to your girlfriend from the Herald and let her investigate it? We need details!!!

Rumpole responds: Girlfriend??? Well, she is kinda tall and slinky in all the right places, but “she who must be obeyed” would not be pleased. We have it on good authority Oh Susannah peruses these pages frequently.


The Empire (Of Ticket Attorneys) Strikes Back:[re our comment calling them nameless and faceless]


Hey, those of us who work on the first floor are not nameless and faceless. you just may never see anything but our backs as we scurry from ct. to ct. because no one in the clerk's office has figured that staggering court times would be beneficial to everyone. (they're not waiting in line at the metal detector at 8:59). We're also the ones that you big felony guys turn to once a year when you're handling your mother-in-law's case and you have no clue whether the officer used the right statute or if the hearing officer will dismiss if they spelled her name wrong. (for the third time, NO.)

Rumpole replies: May the force be with you.


We conclude tonight’s post, pondering about hubris, of which we have written about previously (Brummer Bummer) and Mr. D’Arces. And as is our wont, we return to the great Bard, who provides us with words when our little mind fails us:

“The Fault, Dear Brutus, lies not in our stars, but in ourselves.” Julius Caesar.

See You In Court, quoting the Bard, when the moment is right

33 comments:

Anonymous said...

I heard Judge Ivan Hernandez gave an Alexander Haig press conference today and said "As of now, I'm in charge, here, at the South Dade Government Center.

Anonymous said...

How many times do you think Judge Ivan FERnandez has said in the last few days: "Its FERnandez I tell you, not HERnandez."

Anonymous said...

"Judicial reform is no sport for the short-winded."
-Arthur T. Vanderbuilt

Anonymous said...

great stuff rumpole.

Anonymous said...

headline could have also been Turd Pile on JA.

Anonymous said...

From Today's DBR:

The Miami-Dade state attorney’s office has launched a criminal investigation into whether the judicial assistant to a Miami-Dade County Court judge extorted judges to get them to hire him as a campaign consultant.

According to sources close to the investigation, Richard Scruggs, special assistant for public corruption at the office, is looking into that charge as well as charges that Juan D’Arce, judicial assistant to Judge Ivan Hernandez, did private consulting work while on his judicial assistant job.

...

Sources said prosecutors seized D’Arce’s computer as part of the investigation, which D’Arce denies.

...

Bob Levy, campaign consultant to a handful of judges up for re-election, said several of his judicial clients were called by D’Arce.

“He said if they didn’t hire him, he would run someone against them,” Levy said. “People feel in fear. This is extortion and intimidation.”

D’Arce, 34, acknowledged in an interview that he has worked for judicial candidates in past years, including Diane Ward, Judy Rubenstein, Peter Adrien, Gabriel Martin and Ivan Fernandez, and has set up a corporation to do political consulting, called Pericles. “It’s from Greek mythology — he invented the voting system,” D’Arce said.

But D’Arce insists that he has never contacted a judge, asked for money or done work while at the courthouse.

“This is a smear campaign,” he said. “Yeah, I dislike some judges and would like to see them out. But I have every right to do this on my own time. I get approached by people all the time.”

One candidate who recently hired D’Arce is Juan F. Gonzalez, who is running against County Court Judge Steven Leifman. Gonzalez said D’Arce “works with me, he’s helping me.”

...

He said he only does political work on his own time, and only sometimes asks for pay. He said he is being targeted because many in the legal community believe he writes the anonymous blog, justicebuilding.blogspot, which he insists he does not.

...

For his part, Judge Ivan Hernandez, for whom D’Arce works, said he has no problem with D’Arce working for political candidates on his own time “as long as he doesn’t use my office. And he hasn’t.”

“I don’t think it’s against the law,” Hernandez said. “He has a constitutional right … to freedom of speech.”

...

Anonymous said...

From the article: Linda Pearson, general counsel for the 11th Judicial Circuit of Florida, declined to say whether it is unethical or a violation of court policy for J.A.s to moonlight as judicial campaign consultants.

I think this was an unfair question to ask Ms. Pearson. How could Julie Kay expect the court's general counsel to know anything about ethics or court policy?

Anonymous said...

To have a political consultant controlling access to a judge and his calendar, (by acting as his JA), violates all semblence of judicial integrity.

I'd rather have Aleman spouting bible verses than a Karl Rove wannabe answering Ivan Hernandez' phones.

Anonymous said...

Here's a D'Arce Pic.

He's the second person from the right. (I think Jason Grey can take him. Actually, I think Judge Leifman's JA could take him).

Anonymous said...

THIS CASE AGAINST JUAN SOUNDS LIKE IT BULLSHIT. BOB LEVY SAYS BLA BLA.... THAT GUY IS A POLITICAL CONSULTANT ALSO. WOULDN'T IT BEHOOVE HIM TO HAVE THIS LITTLE GUY OUT OF THE PICTURE. EXTORTING JUDGES? WHAT A JOKE. THEY SAID THE SAMETHING ABOUT ARMANDO G. AND THAT GUY IS STILL IN BUISNESS 20 YEARS LATER.
WE NEED TO GET OVER IT GRINGOS. OUR TIME IN MIAMI POLITICS IS OVER. SO THE GUY IS A POLITICAL BULLY. YOU GONNA PUT HIM IN JAIL FOR THAT.
AND WORKING ON COUNTY TIME? WHAT A JOKE. BRUMMER AND HIS CRONIES USED THE PDO AS THEIR HEADQUARTERS DURING THE 04 ELECTION AND ALL THEY GOT WAS A SLAP ON THE HAND BY THE FEC. BRUMMER WAS USING THE BUILDING AS A STORAGE PLACE FOR THOUSANDS OF DOLLARS WORTH OF SIGNS AND BANNERS ETC. NOW WERE GONNA GO AFTER THIS GUY FOR THIS BULLSHIT.
I HAVE MEET JUAN AND YES HE IS COCKY AND HE RUBBED ME THE WRONG WAY. BUT HE SEEMS TO BE A GOOD GUY TO HAVE ON YOUR SIDE AND I WOULD HIRE HIM IF I RAN FOR OFFICE. BUT THESE ALLEGATIONS WILL NOT BE PROSECUTED- MARK MY WORD.

Anonymous said...

Did Armando Guttierez ever work for the court while moonlighting as a consultant?

trash said...

anonymous, prosecution will never be the issue. Disciplinary action would be more appropriate. Is Mr. D'arcy somehow above the rules here? I know HE thinks so, do you?

Anonymous said...

The State Attorney's Office is too ________ (you fill in the word) to mount a successful political corruption prosecution anyway...they should just hand this over to the feds and let them figure it out like everything else that is important.

Anonymous said...

As Joan Fleishman pointed out, all parties have known about D'Arcy's work since 2004.

It's also important to note that Farina has NO power to discipline Ivan Hernandez' JA.

Sam I Am said...

When D'Arce volunteers to help defeat judge X in his spare time... he is engaging in protected speech.

When D'Arce accepts MONEY to defeat judge X, he acquires a vested, financial interest in defeating judge X.

Hiding behind the shield of protected speech cannot shake his financial interest. And, once acquired, there is no way to divest his a financial interest during "state time" only to pick it up during off hours.

Anonymous said...

of course there is. the guy can't have two seperate jobs?

trash said...

Where does "conflict of interest" come into play, here? And what about the whisperings of extortion by other Judges? Sure, Mr. D'Arce can conduct his business on his own time, and with his own equipment, in the spirit of free enterprise; however, if this enterprise was conducted on State time and with State equipment, then Discplinary action should be mandated.

Anonymous said...

Moreoever, D'Arce is terrible JA. You can't put anything on calander with that stupid judge without having to beg the JA in some form or fashion. Had I known this was the game he was playing, I would have donated to someone's campaign and gotten my clients warrant set aside.

Overblown irrelevance said...

Rump, once again Fleishy gangks your story. Anyway, is this really a big deal? So what the kid makes some dough on the side as a political consultant? And don't give me this BS about county time, bla, bla. The whole fucking PD's office campaigned for either BHB or Martin last time around. David F. Weed collecting fucking checks inside the office, BHB campaigning full-time on office time, and taxpayer $, etc. If you think other JA's and their bosses don't use their office to "extort" $ and endorsements, then you must not be the veteran you claim. As for Don Cohn's fucking pathetic whining, he shoulda just told the little shrimp to fucking screw when he talked shit, instead of being a Snitching bitch. Why are you so fucking scared and paranoid (in the extreme) whenever any Latin uses some pull to do the same shit everybody's been doing for years around here? And the SAO is going to get involved? Talk about selective Prosecution!

Anonymous said...

are we criminal defense atty's?

Anonymous said...

i agree with the last post. give me a fucking break you hign brow moralists. so the guy has delusions that he is a king maker. he is allowed to have a second job and he has one. liefman should have hired him.
selling perfume out of judges chambers is just as bad as this is and thats no fucking big deal either. lets move the fuck on.

trash said...

Overblown, have you ever tried to work with said kid?? And what orifice did you pull that Latin discrimination crap? Please, lets not pull the race card prematurely.

Anonymous said...

Amen! time to get back to stupid, ridiculous shit, and not these made-up "crimes". Destroy a guy b/c Leifman's upset, and Don Cohn? Rumpole, on this one you showed ZERO perspective--big picture, asshole.

Anonymous said...

no race card here just the facts Mr. trash

Anonymous said...

can you idiots not tell which of these comments are juanita's?

he's the only person who can defend his bullshit

trash said...

Anonymous: Please. Your allegation of racism would hold more validity if it were not so imminently funny.

trash said...

anaonymous: Don't pidgeonhole me with gender reference.

Anonymous said...

CHECK OUT THE NEW WEB SITE

WWW.OPERATIONRESTOREJUSTICE.COM

Anonymous said...

DARRIN MCGILLIS, Appellant(s)/Petitioner(s), vs. DANIEL NESS, ET AL., Appellee(s)/Respondent(s).

CASE NO.: 3D05-2339

COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

923 So. 2d 1178; 2006 Fla. App. LEXIS 5161

January 24, 2006, Decided

NOTICE: [*1] DECISION WITHOUT PUBLISHED OPINION

PRIOR HISTORY: LOWER TRIBUNAL NO. 05-6983, 05-7087, 05-296 AP.

JUDGES: FLETCHER, SHEPHERD and ROTHENBERG, JJ., concur.

OPINION: Following review of the petition for writ of certiorari and the response and reply thereto, it is ordered that said petition is hereby denied.

Upon consideration of the motion for sanctions filed by respondent Benjamin Ness, it is ordered that said motion is granted and remanded to the trial court to fix amount.

Upon consideration, petitioner's request for sanctions against counsel is hereby denied.

FLETCHER, SHEPHERD and ROTHENBERG, JJ., concur.
And

DARRIN MCGILLIS, Appellant(s)/Petitioner(s), vs. BENJAMIN NESS, Appellee(s)/Respondent(s).


CASE NO.: 3D05-1230

COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

910 So. 2d 274; 2005 Fla. App. LEXIS 15963


August 30, 2005, Decided

NOTICE: [*1] DECISION WITHOUT PUBLISHED OPINION

PRIOR HISTORY: LOWER TRIBUNAL NO. 05-14334. McGillis v. Ness, 903 So. 2d 198, 2005 Fla. App. LEXIS 10168 (Fla. Dist. Ct. App. 3d Dist., 2005)


JUDGES: LEVY, C.J., and FLETCHER and CORTINAS, JJ., concur.

OPINION: Upon consideration of the emergency petition for writ of mandamus, it is ordered that said petition is hereby dismissed as moot. LEVY, C.J., and FLETCHER and CORTINAS, JJ., concur.

and
DARRIN MCGILLIS, Appellant(s)/Petitioner(s), vs. BENJAMIN NESS, Appellee(s)/Respondent(s).


CASE NO.: 3D05-1230

COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

903 So. 2d 198; 2005 Fla. App. LEXIS 10168


June 15, 2005, Decided

NOTICE: [*1] DECISION WITHOUT PUBLISHED OPINION

SUBSEQUENT HISTORY: Writ dismissed by McGillis v. Ness, 2005 Fla. App. LEXIS 15963 (Fla. Dist. Ct. App. 3d Dist., Aug. 30, 2005)


PRIOR HISTORY: LOWER TRIBUNAL NO. 05-14334.

OPINION: This Court's order dated June 14, 2005 is hereby vacated.

Anonymous said...

McGillis also falsely accused Ricky Martin of being raped by a man. Wow!

http://www.elsalvador.com/noticias/EDICIONESANTERIORES/junio19/ESPECTACULOS/espec5.html

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