Saturday, March 18, 2006

McWhorter v Marino, Miranda v. Glazer?

FINALLY!!!
We take no position on the JA D'Arces / Attorney Phil Reizenstein dispute headlining in the Herald’s Joan Fleishman’s column today. However, we note that it took the Queen Of Miami Gossip 5 long months to even acknowledge our existence, despite the fact that we provided her with inside info on the Bennett Brummer Federal Lawsuit. We only say: IT’S ABOUT TIME.

[right after we posted this, anonymous wrote in]

Sherlock Holmes Writes In:

Rumpole wont comment on Phil?Phil is rumoured to be Rumpole?THEREFORE Rumpole=Phil!I knew the LSAT would come in handy one day

[so we edited the post with this reponse]

Rumpole Responds: Our previous post highlighted the dispute. The Herald article appeared to have it all unless one of the parties wants to write in about it. Other than what was written, what else is there for us to say? 1) A JA is not a Judge and apparently D’Arces, who already has shown a propensity to threaten Judges (ask Judge Leifman) , acts like he is a Judge. 2) Phil Reizenstein should not threaten to kill anyone, if he did that he was wrong. 3) A person has a right to feel secure in their homes, and it was wrong for JA D’Arces to show up at Reizenstein’s home yelling about being the blogger.
4) D’Arces thought people believed he was the blogger? It lends credence to the allegations that D”Arces thinks he is a Judge. Both are thoughts of pure fancy.

OK genius, now what?



JUDICIAL RACES TAKE THE SPOTLIGHT AGAIN AS OUR POLITICAL REPORTER THE CAPTAIN WRITES IN:

We continue to have only two contested races in Circuit Court:

Group 25
Dennis Murphy - $1,625
Josie Velis - $ 0000

Group 42Lawrence Schwartz - $117,490(from 484 contributors)
Gina Mendez - $ 0000

Judge Mindy Glazer has no official opposition and she has raised $41,568 from 217 contributors.
New reporting donations are due on March 31.


However, rumors run rampant that this is the next contested race:

Cristina Mirranda v. Mindy Glazer.

Anonymous writes:

glazer v. miranda. i hear it's official. glazer is in trouble. ive never been in front of glazer but she was less then stellar as a criminal defense atty. that said, she is a liberal dem. which is always a good thing. the word on miranda is that she is a republican, a good prosecutor, beautiful and rich. i think it's over for glazer.


And another reader writes:

To the rather narrow individual who wrote that we ought to support Glazer b/c "she's a liberal dem": If that's the best thing you can say about a judge (that's she in the right political party), well... Competence or affiliation? Nice Soviet-like approach; you must be an excellent critical thinker. Face it: Glazer's weak and kinda lost on the bench. Not so bad for juvy, but one day she may get called up.

Rumpole weighs in: Judge Glazer was one of the first to take advantage of changing demographics in Dade County when she successfully unseated Circuit Court Judge Martin Kahn. In our opinion, Judge Kahn was an excellent Judge who did not deserve opposition, and we have always had a chip against Judge Glazer in principal. Although, because our religion prohibits us from going to Juvenile Court, we have never actually appeared before her.

However, revenge is a dish best served cold and Judge Glazer may just be feeling the sting of saying “why me? I’ve done a good job.”
And our response is: “Now you know how Judge Kahn felt.”



A former ASA writes:

Former ASA here: Miranda is nice, very smart, tried a bunch of cases and will have a nice Glamour Shot on her campaign materials. And her family is loaded and politically connected. (Her dad bought her a 911 convertible when she graduated law school.) It was quite the sight to see her shiny Porsche in the County Court SAO parking lot next to all the other ASA cars, most of which were running with bald tires, rust spots, dripping oil etc. Only had one case with Glazer when she was in private practice and I was a juvenile ASA. She was clueless. I gave her client a sweet plea deal b/c I felt sorry for him. Otherwise I could have really hammered the 12 year old kid and had him sentenced to the maximum sentence of 13 community service hours and a 8 o'clock curfew. :)



Attorney Hank Adorno sends this email:”Can anyone loan me 3.5 mil for a few months?” (this is a rumpole put on).


The Captain also reported that County Court Judge McWhorter has opposition from South Dade Lawyer Patty Marino.

The rumor is look for Marino’s last name to get that magical “Hispanic hyphen” from her Husband.


Anonymous writes:

Judge McWhorter is great. She has my support.

And another reader has a different view:

I think Patti will make a good judge. We need someone respectful, and imparcial. Sorry, McWhorter, is time for you to go. Get over it Phil!!!

Phil R wrote in:

I like Patty Marino. and I think she would make a good judge. I just also think that Judge McWhorter is doing a fine job and does not deserve opposition. I am sure this is not a personal thing by Patty and I hope she doesn't take it personally that I think Judge McWhorter should keep her seat. I would happily support Patty for another seat, (like I'm some political hot shot...NOT) but I also understand that these seats are limited and the criteria is that people who think they can win are running to win, not because they think the judge needs to be replaced. I probably should have kept my mouth shut, but I was truly sad to see Judge McWhorter get opposition.


And anonymous writes in this warning:

Judge Jeffrey Swartz used to require defendants to appear in county court, and now he's a lawyerJudge McWhorter should stand outside the courthouse and apologize to every misdemeanor defendant who has to go through the hassle to come to the justice building to hear their lawyer get a continuance. ANd that affidavit crap - I got your affidavit - it's my damn retainer agreement.

"WHere's your client?
Where's your client?
WHere's your client?"
Find something else to say Judge. Bench warrant practice is for judges who can't otherwise control their calendar Judge Jeffrey Swartz used to require defendants to appear in county court, and now he's a lawyer


Ever the historian of the courts, Rumpole notes that Judge McWhorter took over for Judge Izzy Reyes who started that practice and was tougher than McWhorter is now. Judge Reyes in Circuit Court., and Jeffrey Schwartz has more time to listen to opera.


The Lord of The Traffic Magistrates continues to remain silent in the face of criticism:
As a reader writes in:

ANY TRAFFIC ATTORNEY WHO VOTES FOR LEIFMAN MUST BE PLANNING ON A NEW CAREER. THE WAY HE DIRECTS THE HEARING OFFICERS TO RULE IS GETTING WORSE AND WORSE. WHY WOULD ANY TRAFFIC ATTORNEY SUPPORT HIM

Anonymous writes:

Uh oh - Leifman better watch out, the 12 traffic attorneys are not going to vote for him. Actually, I hear the minute they show up to the polls and see the cops they'll announce a change of plea (vote)

Rumpole sez: What if those traffic attorneys, who all have client data bases in the tens if not hundreds of thousands send out letters supporting Leifman’s opposition? Then what?

MILLER AND MILLER

Anonymous writes:
Can we get Bronwyn Millers opposition to run against David Miller?

Rumpole notes: For all the ill will engendered by Judge David Miller, and all the threats we heard last year, as of yet, no opposition for the Judge who came up with the brilliant idea that he wanted to be known as “Maximum Miller.”

As we have consistently said, adding up guideline points and sentencing to the top of the guidelines just takes the knowledge of how to use a calculator. How would Judge Miller or any Judge like it if a family member of theirs had a trial scheduled before a Judge who gave themselves the appointed nickname of “Maximum”?


We close with this quote from an alert reader:

"Though the police are honest and their aims worthy, history shows they are not appropriate guardians of the privacy which the Fourth Amendment protects." Jones v. United States 362 U.S. 257, 273 (1959). "

Rumpole notes: “honest” and “worthy’? My how times have changed since the Eisenhower Administration.

See You In Court. We like the honest and worthy police officers, we just sometimes have trouble finding them.

28 comments:

Anonymous said...

Rumpole wont comment on Phil?
Phil is rumoured to be Rumpole?
THEREFORE Rumpole=Phil!

I knew the LSAT would come in handy one day

Anonymous said...

HAAAAAAAAAAAAAAA

Rumpole said...

Rumpole sez...we like the reader who posts "zzzzzzzzzzzz" much better.

Anonymous said...

My vote (and $) are on Leifman. If, as you say, they have thousands of clients, what are they bitching about? All those guys with their condos o the water and fancy cars and boats need to stop whining about Leifman "ruining" their business. Face it, many of your clients may actually be guilty!

Anonymous said...

Izzy Reyes is Hot.

Anonymous said...

or better yet playerhater@blogspot.com

Anonymous said...

no shit. traffic atty's are funny. so he fines your guy 50 extra dollars. get a grip on life.

Anonymous said...

rumpolephilskin

Anonymous said...

rumpole
your in over your head. you are providing a form where people can start horrific rumors for the whole world to see. for eg. if someone were now to google the name of the judge who was just implicated in an affair, the post could come up. what about the guys family?

R.K. said...

Can't we all just get along?

Philip Reizenstein said...

Having been invited to respond to the article in the Herald, I will do so.

First and foremost, D’Arce refused to calendar a motion, handed in by another attorney, who handles all of my firm’s South Dade work. For him to say he didn’t calendar the motion because he was in fear for his life is disingenuous. In fact, let me make it clear: he is a liar.

1) How much interaction does an attorney appearing court have with a JA? None.
2) In D’Arce’s own words to the herald, my alleged threat was “IF he came to my house again, then….” Thus, by not coming to my house, he has nothing to be afraid of.
3) Joan Fleishman told me that she heard D”Arce tell Hernandez “I have been doing research on this…WE need to recuse OURSELVES.

4) I will not be silent or intimidated by anyone who thinks that they can play games with my clients and their cases. The proper remedy here, if D’Arce was truly afraid was to have Judge Hernandez address the matter. It was 100% improper for the JA to just toss the motion aside ( a motion to set aside a bench warrant I might add) and just the tell the attorney “No. I will not do it.”

Who elected D’Arce to anything?

5) I make no apologies for defending my home or family. I do not know who D’Arce is. I may have been at a political fundraiser for Judge Hernandez, but this does not (outside of D’Arce’s fantasy world) make him my friend. I was a prosecutor for many years. I put many people in prison. I take the safety of my family seriously. Perhaps, if I had answered the door and seen him, I may not have been so upset and angry. But all I had to go on was what my wife told me, which is that he continued banging on our door screaming “I know you’re home.” Until she answered the door. He then was very upset and demanded to know why I did not return his phone calls.

For people who have criticized me, I have two questions:

1) By what right does a stranger have to come to my home on a Sunday afternoon, bang on my door and demand to see me?

2) What kind of fantasy world does this guy live in that makes him believe that I have to answer for not responding to his phone calls? And, since I do read the blog, and I do find it well written and funny, does anybody in their right mind truly believe this guy is the one who was writing the blog?

I have said on this blog before that I do not believe in physical violence outside of an individual’s right to protect themselves and their family. When I called D’Arce I told him in no uncertain terms to stay away from my family. I also was very careful with my words. I told him that if he came back to my house, I would consider that a threat and would protect my family. However, since my words were clearly qualified by the statement “if he came back to my house” (which even D’Arce admits in his statement to the herald) I am not worried one bit about his threats (which he has said to other people) to have me arrested.

Once again, I do not apologize for protecting my family. I do not know this guy, I do not know if he carries a firearm. What I do know, is that unlike the rest of civilized society, he feels so important, and so powerful, that he believes he has the right to bang on my door whenever he pleases.

Between the two of us, D’Arce knows where I live. I have no idea where he lives.
And he tells the Herald he feels threatened?

Other people have mentioned this guy’s strong arm tactics. He has apparently threatened judicial candidates and sitting judges. Personally, that is none of my business. However, in these limited dealings with him, I can tell you that I believe those allegations. However, there is a line between professional threats and personal threats. D’Arce made this personal when he came to my house. I have an office. He could have come there. But he choose to come to my home on Sunday and demand to see me.
Based on his conduct, I have nothing to apologize for, and will not do so.
Philip Reizenstein

Anonymous said...

Phil, when all is said and done, D'Arce is nothing but a hack judge's bitch boy.

Anonymous said...

Here's my list of circuit court
judges who desparately need opposition -

D. Miller - not as bright as he thinks he is and an absolute second prosecutor in the court.
Remember judges are supposed to be
impartial and are only supposed to
make decisions after hearing the
evidence and argument.

Sigler - talks too much and is extraordinarily condescending to
attorneys and defendants. Also has
implemented the stupid "must file
a motion for a continuance prior
to the sounding" rule. Why have a
sounding then?

Genden - nasty temper and thinks
he walks on water. Remember you are a human being just like the
lawyers and parties who appear before you.

Venzer - also nasty temper and thinks she walks on water. Remember you are a human being just like the lawyers and parties who appear before you.

Any thoughts people?

Anonymous said...

Genden and Sigler? Switch to decaf my friend.

Anonymous said...

the people who rag on us 'traffic attorneys' are either poor asa's, poor pd's, or jealous privates. easy gig, little stress (hardly jail time and we dont dont have debtors prisons, so the 50 bucks is no biggie). as the condo on the water, fancy car, and boat, yes, i have all three. and im home by 3, in time to pick up my girls from school. make fun of me all day long, but i konw you wish you had my gig and my client database. say hi to KFR and dont forget to write that memo to file on why you had to drop a case.

Anonymous said...

D'arce is untouchable. He's tight with Maria Prieto... Judge Gordon's JA. Farina doesn't take a shit without Gordon's approval. Gordon will protect Maria and her special friend.

Anonymous said...

Sigler is definitely a condescending person. She will fall off her high horse one day, they all do. As for the stupid written motions, which go from my hand to clerks file without Her ever seeing them; Thanks for destroying all the earths rain forests for motions. The blood, or pulp, of the trees is on your hands, your Honor.

Anonymous said...

You must be kidding if you think Venzer thinks she walks on water! She's so pro-family and parent. Just look 2 courtroom doors down to see the Judge who really needs some opposition and has nothing but her own agenda and political aspirations at heart

Anonymous said...

GO PATTY... I love the comment about looking for you to use your husbands last name hyphenated... who cares? The same people who will attack you for that are the same people who will vote for their own ethnic group (which ever group that may be) when they aren't sure of an issue/candidate. The fact that someone even wrote that tells me that's how THEY vote!! I'm tired of having to have all my clients present or get waivers and hope they don't get lost. Judge McWhorter is the ONLY county court judge who requires this and it's a royal pain.. By the way.. I ABSOLUTELY AGREE WITH PHIL RIZENSTEIN... HE SHOULD HAVE KEPT HIS MOUTH SHUT!

Anonymous said...

What I really want to know is why no one runs against "Special" Ed Newman. He is literally clueless when it comes to the what the law really is. When you enter his courtroom you enter a different world. He makes the wierdest comments and is degrading to women.

Anonymous said...

It would have been a lot more fun to seem Miller v. Miranda. Glamour shots could go wild!

Anonymous said...

Judge Glazer has proven herself to be a really great Judge. She knows the law and administers it fairly. Judge Glazer had a tough life, losing her mother and putting herself and her brother through school, and running a tough campaign against a well loved incumbent who took her for granted and thought the old guard network was enough to keep him in. Judge Glazer has been through the school of hard knocks. Yeah its easy to run a campaign with daddy's financial backing. Not so sure what type of a reality check Miranda has when it comes to the "little people" who weren't born with a silver spoon in their mouth.

Anonymous said...

Has anyone heard that Judge Michael Samuels is really sweating it because Gloria Gonzalez filed to run against him? Maybe it's just a rumor.

Anonymous said...

You clearly haven't seen the bar polls. Glazer a great Judge? Very sorry she had a tough life, but how does that make her a good Judge?

For someone that was born with a "silver spoon" in her mouth, Miranda has dedicated almost 10 years to the people of Dade County seeking justice as a prosecutor. That is commendable. You really should also look into the time and money she has donated to the community.

The most telling part of your posting is that there is nothing negative about Miranda's qualifications for the position. How can you post that she is running a campaign with "daddy's money" when she hasn't even filed? FYI "daddy" can only donate 500 bucks. Lets wait and see if Miranda files. Then you can comment on were the money is comming from.

The bench needs more fair, qualified, honest, and experienced Judges. Please file Miranda!

Anonymous said...

Re: Glazer v. Miranda...for those who have forgotten, Judge Glazer is not the only current sitting judge to have challenged an incumbent...to challenge her, just so she knows what it's like to have the shoe on the other foot, is absurd...remember, her opponent at that time--although highly regarded and respected--had less than a third of his term to serve if re-elected...certainly, Judge Glazer took the bench with lower expectations than perhaps any judge in recent Miami-Dade County history...but she overcame those low expectations to become a rather excellent juvenile court judge...on the juvenile bench, she had a low reversal rate, she had the cojones (the female equivalent) to find a juvenile not guilty where the SAO failed to prove his/her guilt beyond a reasonable doubt or failed to establish all of the elements of the charged offense, she also had no problem finding a juvenile guilty where the evidence so required, she moved her calendar yet granted continuances when necessary and proper and she treated private attorneys with more respect than most of the judges on the bench...Bar Poll ratings are, for the most part but not entirely, a popularity contest voted on by only a small fraction of practicing attorneys...for the record, Judge Glazer is a conservative Republican (of course, judicial elections are non-partisan so party affiliation should not matter)--who just happens to have a heart and a conscience...also for the record, Judge Glazer is a self-made woman who was not born with a silver spoon in her mouth and who remembers what it was like to be a sole-practioner being required to be in 3 courthouses at 1 time...in Judge Glazer's few months assigned to the general jurisdiction division, she has presided over several jury trials and has earned an excellent reputation in that division.

Anonymous said...

If Miranda runs do you seriously think that there isn't a way around the $500 limit...pleeeeaaaseeee!!! give me a break.

Anonymous said...

How does one find out who has contributed to Glazer's campaign?

Anonymous said...

"How does one find out who has contributed to Glazer's campaign?"

I would very much like to know that too please. can anyone specify how?