Friday, February 10, 2006

JUDICIAL RACES AND LIBERTY

Rumor has it two time failed State Attorney Candidate, former Broward Assistant State Attorney, and a trial lawyer with a swift left hook, Al Milian will announce to run for Judge, probably against Judge Lester Langer. Judge Langer does not deserve this. And Dade does not deserve Al Milian. A trial lawyer who cannot keep his temper, an angry prosecutor who was chastised, if not disciplined, more than once by the Florida Bar, Milian should stick to his radio show. How could a Judge who as a lawyer lost his temper and fought with opposing counsel ever sit in judgment of a Defendant charged with battery or aggravated battery? While people change, some people just don’t deserve to be a judge.
That’s our opinion.

Anonymous frets:

Would someone be kind enough to list those judges with opposition?Is there a web page with that information?


Rumpole replies: try www-Miamimalejudgescantsleep-.com


Judge Sheldon Schwartz stories continue:

Anonymous recalls:

I Love Judge Schwartz...really:When I was starting as an ASA, I was trying a battery case to the bench. The defendant was pro se. So, the judge starts cross examining my victim...aggressively. I object, he says "I overrule your objection" and continues. I get back up and do redirect, he says "Objection". I argue with him and he says "I sustain my objection, move on". Guess who did not win that trial.

Rumpole replies: Gotta love a Judge who sustains an objection to his own question.
We hope this out-pouring of support translates to financial backing for Judge Schwartz. Prosecutors, if you don’t have the bucks, you can donate time-stuff envelopes, hold signs at polls on voting day, vote two or three times, (but don’t tell Joe Centarino) etc.


Like Buttahh…..

Dade’s Judges, labeled by an anonymous reader as “butter soft” are getting some discussion:

Anonymous spreads the oleo:

Butter-soft actually has some good points. Dade's Judge Murphy basically forces the state to nolle pros cocaine possession residue cases and make the defendants plea to misdemeanor para charges. Broward's FelonyCourt Judge Murphy ain't doing that.Dade Judges will always give firstand second time up continuances when you don't even have a legit reason for them, while Broward Judges will not always do it especially if you haven't even set depos yet.Dade Judges will openly negotiate with you and give you an offer oncases prior to taking a plea, while Broward Judges make you plea open first and then make you argue for either a downward departure or a probation sentence on the non-state prison clients.I know part of the reasons are thehigh case load in Dade, but let's face it Dade Judges are butter-soft in a lot of respects.


Rumpole replies: Broward County Court Judges automatically grant misdemeanor motions for depositions on DUI cases. Just submit a motion and an order. Broward County Court Judges like Zack automatically grant motions for continuances-just submit a motion and order prior to sounding. Dade Judges don’t do that. You basically need to prove that the prosecution believes your client may have been the second gunman in Dallas in November, 1963, on the grassy knoll, before you get a depo in a DUI. Each county and their Judges have their own particular way of doing things. But Dade Judges are not butter soft. Rory Stein may like butter on his mid-morning bagel, but that’s old news.


A Rumole Blogger by the name of Captain has a Dade Judicial Race update: follow the money:

Circuit Court Group 25

Dennis Murphy - $1,625
Josie Velis - 0.00
Circuit Court Group 42
Gina Mendez - $2,600 (all her own $)
Lawrence Schwartz - $217,490 ($100,100 is his own $)
County Court Group 9(Judge Martin Shapiro seat, but he is age limited)
Victoria del Pino - $37,385 ($20,000 is her $)she has NO opposition yet - who wants to see the CAPTAIN run against her?!
County Court Group 12Juan F. Gonzalez - 0.00
Steve Leifman - $48,415 ($25,250 is his $)
County Court Group 27
Migna Sanchez-Llorens - $41,535 ($30,000 is her $)
Sheldon R. Schwartz - $29,200 ($25,000 is his $)
County Court Group 30(Judge Roger Silver's seat, but he has not filed as of yet)Stephen Millan - $3,400 ($1,700 is his $)
Robert Twombly - $2,600 ($1,600 is his $)
County Court Group 40Don Cohn - 0.00
Bonnie Rippingille - $195,425 ($175,000 is her $$$)
So there you have the up to date races.The Captain.

Rumpole replies: gotta love Larry Schwartz throwing down the gauntlet and steppin up with a hundred G’s of his own- and then-with super Judicial Maven Rudy Sorrondo in his corner- raising an additional hundred G’s.

The man stepped up when called out.
“You talkin to me? You Talkin to me?”

Meanwhile, we think ol Judge Murphy is playing the rope a dope. No money? We think not.

Anonymous taunts:

guess your trial didn't go so well, huh RUMPY?

Rumpole huffs: we don’t gloat. When we win, we act like its happened many many times before. We just flip the ball to the ref and trot off the field.

Judge Dennis Murphy has his fans:

Judge Murphy is one of the best judges in the building. He hammers people when they deserve it, and he gives second chances when he sees fit. He doesn't favor one side over the other, and rules quite even handed. Both sides should be all out supporting him.


Jason Grey, back in form, has a message for the lawyers north of the border:

Broward Lawyers are generally a bunch of pussies who let the Judges run roughshod over them and their clients.No one has the balls to run against an incumbent judge ,and if you do, and lose the cabal will blackball you, and in masse will screw the you at every opportunity. since lawyers in broward lay down like the french at invasion time judges tend to be tyrants. That’s why they hate us dade lawyers, we don't put up with their bullshit. The comparison doesn’t hold up.

Rumpole notes: Jason Grey- the only lawyer who uses the pejorative term for the female anatomy and the term “cabal” correctly in a post.

Judicial candidate Vicki Del Pino has her critics:

Why would anyone run against Victoria Del Pino? She's a hispanic female who's been a lawyer for 5 years and 1 day and has no trial experience. Is there a soul more qualified in Dade County?

Rumpole notes: res ipsa loquitor.

Anonymous, probably replying to a Bennett Brummer post (these Pd’s have their own private war running on our humble blog), writes:

If liberty means anything at all, it means the right to tell people what they do not want to hear. (Orwell)"

Behead those who insult Islam"(London Banner at protest over cartoons)

Rumpole replies: hear hear!. Like when we plead a client “not guilty” in federal court, and the case agent starts pulling our IRS files- telling people what they don’t want to hear is fun, but not that profitable.


See You In Court telling Judges what they don’t want to hear.

Liberty is the soul's right to breath, and when it cannot take a long breath, laws are girdled too tight. —Henry Ward Beecher

44 comments:

Anonymous said...

I was really talking about Felony Court, since no matter where you are County Court is always butter-soft.

Manolo said...

JUST LIKE TONY MONTANA SAID "LIVERTAD"

CAPTAIN said...

It is time for this BLOG to show its true strength - we need to draft a candidate to run against Victoria del Pino. A lawyer with barely five years of experience does not deserve to be sitting on the bench.

I know of an Assistant Public Defender who has been practicing law for more than 20 years. He was in the civil arena before becoming an APD. He is an experienced and fantastic trial attorney, he cares about all of his clients, he participates in many community activities and he is a great father to his three children. This is someone who deserves to be considered for a judgeship in Dade County. This is what the citizens of Dade County deserve - an experienced courtroom attorney - in both the civil and criminal arenas, and someone who is a well-rounded individual on top of that.

If we are really serious in promoting well qualified candidates, and this BLOG is serious about promoting the quality of justice, then we owe it to ourselves, to draft this candidate - for County Court Judge.

I say we get APD Steven Levine to run for the seat!!!

Anonymous said...

When I was new defense attorney, I had a case against Al Milian. It was a DUI. (I think this was 1988)

Although I never met him before, for simply filing a good motion to suppress he called me all kinds of names and made a nonsense bar complaint. He then stalked me for over 15 years.

If he goes to rubber chicken campaign dinners, I will go too and remind people not to vote for whacko nut jobs like him.... the guy who simply beats up his opponents in the hallway.

Hey, remember when he lost a agg bat case and told the press the jurys was "lobotomized zombies and morons... I guess he does not belive in the jury system!!!

He is a very dangerous person and should really think about doing something else for a living.

If he becomes a judge, we will really have our hands full.

Mike Catalano
Miami, FL

Anonymous said...

"The spirit of liberty is the spirit which is not too sure that it is right..."
- Judge Learned Hand

Anonymous said...

zzzzzzzzzzzzzzzzzzzz

Anonymous said...

YO MIKI! If you go to 'da dinners...betta bring the gloves, ya know. I got yo back!

-Rocky

Anonymous said...

I can hear it now all you defense attorneys who have had it so good with the softer than butter Judges bellyaching about Al Milian. Come on you guys have Ex-pd's on the bench who conduct cross examination for the witless defense attorneys who appear in front of them. You have Judges who cry when they sentence Gort armed robbers to life.Do you hear ASA's writing in to this site whining like spoiled children? Grow up and live with the fact that there might actually be a new Judge who has trial experience and is State oriented.

Anonymous said...

you should ask your readers a question. if they were killed who would they want as lead detective asa and judge? who would they dread as defending their killer?

Anonymous said...

All kidding aside,Judge Shelly Schwartz is truly a judge who is concerned about justice and our community.Pro Se litigants understand the courts ruling and leave knowing the judge listened,heard their word and justice was done.Attorneys know they must be prepared,bet it the State Attorney,Public Defender or private counsel.
This judge truly believes that if people start respecting each other,our community will be a better place to live,work and visit.
We make not like his words,because they may not sit well with our respective clients but sometimes,in fact more times than not,his words are listened to and well received.
M.R.T.

Anonymous said...

Capitan
Are talking about the PD who tries a case every other year and in between runs his political opponents down the street yelling faggot, faggot, faggot?

Anonymous said...

Al Milian isn't state oriented.

Al Milian is Al Milian oriented.

Anonymous said...

Me dead?

Det: Confessor Gonzalez (who else?)
ASA: Dr. Death, Abe Laeser
Judge: Glick

Anonymous said...

Detective Ray Hoadley or Ramesh Nyberg
ASA Laeser or Dannelly
Judge- Rothenberg

Anonymous said...

A judge that protects the rights of defendants,even those unrepresented.A judge who doens't merely talk restitution,but does what is necessary to have victoms receive it.A judge who does not punish for going to trial.
UNHEARD OF!!
No,Judge Sheldon Swartz puts justice back in our judicial system.
M.V.

Anonymous said...

As a former ASA who faced many fine defense lawyers, Steve Levine was one of the finest opponents I had to go up against in all my years at the office. He was more prepared and more professional and did more for his clients than any other defense atty. He always did the best he could for his client - and isn't that the bottom line!!!

Levine over del Pino - he's got my vote!!!

Anonymous said...

Could the fine citizens of Miami-Dade County be stupid enough to vote for Al Milian, the ticking bomb of the bar?

Unfortunately, the answer is probably "yes", unless we step up to the plate and force ourselves to write that check. I for one will be writing it even though I have never dealt with Judge Langer personally. I have dealt with former-persecutor Milian and he is everything people say about him and more.

Anonymous said...

Check out the story about Aleman on Marcus' blog. Now that's a horrible miserable judge.

Anonymous said...

you know what no one has said here is that for many years when the demographics of Dade county were different Jews got elected becuase of thier last names. It used to be that instead of giving cash to guys like armando guttierez you used to pay to line up the support of the north east dade democrats,(who were mostly old jews from new york). I Just started to practice here at the tail end of those days but i dont recall all the whining about the fact that a jewish name used to be the key to a judgeship. Without naming names there are some judges who really didnt have the street cred for the job but had a good jewish name. One of them who reminds us that they went to a ivy league law school punched thier ticket at the sao for three and a day and never tried any serious cases. Others, labored in the economic crimes unit of the sao where trials come along like solar eclipses. They banked on the Jewish name when that was helpful and no one should be shocked that hispanics are doing the same. I am not saying that this is a good thing and some of the candidates who are running are pathetic, but a little prespective here is needed.

The only thing we as lawyers can do is write checks, or if laboring for peanuts at the sao, volunteer your time for those you support. Carry a sign on election day ( I have actually done this for friend and it was fun. If I had brought a cooler of beer would have been better) The other thing you can do is talk to all of your friends who are not in the system and suggest to them who they should vote for. Send an email to all the non-lawyers you know. If enough of us do this it might make a difference.

btw rump I am jewish not cuban

Anonymous said...

nice post

Anonymous said...

Les Langer is a tremendous asset to the juvenile justice system and he would be an irreplaceable loss. He devotes an unbelievable amount of attention to the technocracy of complex juvenile issues. There is no way Milan could replace him. While Langer could improve in the area of holding the state to their burden and taking evidentiary issues seriously his loss would deprive the most vulnerable of Miami’s citizens (accused and troubled youth) of a hard working and experienced advocate.

Anonymous said...

Aleman's story is at http://www.sun-sentinel.com/news/local/broward/sfl-ccontempt11feb11,0,2286139,print.story?coll=sfla-news-broward

Anonymous said...

What is Markus' web blog's address?

Anonymous said...

www.sdfla.blogspot.com

Anonymous said...

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people."

-Justice Frankfurter, dissenting, United States v. Rabinowitz (1950)

Anonymous said...

Ben... I'd like to suggest that consider adding a permanent link on your front page to Markus' blog.

Anonymous said...

The self promotional blog?

Anonymous said...

Yes. That one. Start your own, say something interesting, and maybe we can get Rumpole to link to you.

In event Markus links to Rumpole, his blog is pertinent, and I believe he's given Rumpole blog assistance in the past. I think he deserves to be cross-linked.

Moreover, and in all seriousness, Markus' blog is topical and informative. I see no self promotion. He studiously avoids discussing his cases. (It's not like his average client is going to be swayed to hire him by a blog!) True, Markus did reprint a story from the DBR that involved him and his clients, but that was only after people, like myslef, referenced it in the comment section. The issue in the article was near and dear to lots and lots of attorneys... avoiding tainted money.

Just ask Roy Black.

Anonymous said...

Why give Victoria DelPino a hard time because of only 5 years experience? If I remember correctly, wasn't Beth Bloom at only 5 1/2 years when she filed? And Newman was at 4 yrs, 364 days.
At least Delpino had the courage to put her name in an empty seat where she could get credible competition. According to this blog, she would have an easier time had she just picked a white male Jewish sitting judge to run against.

Anonymous said...

You are erroneously assuming that people are/were supportive of Bloom and Newman running with their limited experience. Your assumption is dubious. I think most would agree that 5 years experience, under MOST circumstances would not suffice to create a judge worth voting for. There is no double standard.

Anonymous said...

Apd Steve Levine for judge? Is that a joke? The guy hasn't tried 5 jury trials in the past 10 years. What are you his brother or something?

Anonymous said...

Rumpole, are you going to stand up for liberty and run the Danish cartoons.

JOHN GALT said...

Where the state begins, liberty ends. Don't talk about liberty if you favor welfare, social security, medicare, etc. Are you really for liberty over security, or does it just sound good in your little blog?

JOHN GALT said...

Where the state begins, liberty ends. Don't talk about liberty if you favor welfare, social security, medicare, etc. Are you really for liberty over security, or does it just sound good in your little blog?

Anonymous said...

John Galt wrote, "Where the state begins, liberty ends." Nice quote, but bullshit nonetheless.

Let's rephrase it... "Without anarchy there can be no liberty." It follows...yet lacks a certain je ne sais quoi.

Or perhaps this way... "law is antithetical to liberty." Yeah, that's the ticket. I always did think the Bill of Rights was crampin' my style.

John Galt also wrote..."Don't talk about liberty if you favor welfare, social security, medicare." Well yes sirree Bob! It's obvious...social security is surely a greater threat to liberty than demands criminalize the offending of Muslims. And what concern is due process while our parents suffer the indignities of federally funded health care! I say to arms! To arms!

Anonymous said...

Steve Levine tries cases all the time. Most recently, he sent Phil Maniaty crying back to the office with an acquital.

Jason Grey said...

It should be 10 years for county,15 for circuit and there should be a requirement of a minium five jury trials as 1st chair.
A long time asa opined to me that it is backwards to require trial experience of capitol trial counsel, yet allow for the judge to have none.
Not to argue against myself but both Newman and Bloom are rather good Judges

Anonymous said...

Steve are you the captian?

Anonymous said...

I think Steve is the Captian. Stop all the bullshit and tell us you want to run. I have heard that you are a good trial lawyer and if you put your hat in the ring I think that some of us bloggers will break you off a little cash $.

Anonymous said...

This may be naive, but why so much emphasis on jury trial experience when running for judge? I add a win to my count when I get a motion to suppress granted (doesn't happen much anymore) and the state drops the case. Most of what I do as a defense counsel is motion practice, researching and arguing the law, quite often much more impt than going to trial and trying to get a jury to believe that a 14 yr veteran cop screwed up.
Most professional referees have never played the game but yet they decide if the ball's broken the plane or if a foul has been committed. Just because they don't play doesn't mean they don't know the rules.

Anonymous said...

It does sound naive. Judges with no trial experience wreak all sorts of havoc during trial. They typically are unable to quickly and correctly rule on objections (if you don't think this creates a problem, you haven't tried enough cases. Nothing is worse than a judge who reserves on a bunch of objections or has to take a recess 25 times during a 2 week trial to ask other judges what he or she should do).

Law is a bit more complicate than baseball. Your analogy is irrelevant. Everyone thinks they know what hearsay is, but how many of our illustrious judges make proper rulings during trial in the heat of battle?

Anonymous said...

Maybe we ought to just go back to the olden days when only white, land-owning men could be judge.

Anonymous said...

WHAT ABOUT JUST LAND-OWNING

Anonymous said...

OK.