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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, March 24, 2006

MODERATION MADNESS

Well, day two of the grand experiment.

For those wordsmiths and poets who didn’t think we’d publish the “rumpole sucks” comments, we did. For those who didn’t think we’d publish the “Phil R is rumpole and he blows” we did. (boy are you people going to be shocked when we are outted.)

The one really strange post was the well written post complaining about Judge Jackie Scola drug testing people at arraignment. The post then goes on to make a derogatory comment about her appearance. As we have said before, you can posit that a Judge does not have the brains of a fruitcake, (not our opinion of Judge Scola, but maybe yours) you just can’t make fun of their appearance. How hard is that to grasp?

Trust us, we don’t like this. There are other ways. We can require that anyone who posts first join the blog and post under their name. That never stopped Jason Grey, Bobby Reiff, Mike Catalano, Phil R, and others. Or we can allow anonymous posts with the proviso we screen them to make sure they comply with these simple rules. Or we can go back to the old way and remove posts that violate the rules with the problem that some may stay up awhile.

One thought we have is that we can switch back between an open forum and moderation depending on whether we are in the office or in trial. For example, this week we spent an inordinate amount of time at the Vatican (Fed Ct) before one member of the College of Cardinals (Fed Judge) getting berrated for mentioning unmentionable matters like “reasonable doubt” “presumption of innocence” and “the fourth amendment.” (The prosecutor sneered at the mention of the 4th amendment, we kid you not.) and knowing the blog was moderated helped. Next week, we will not be in court and can open the blog up again.

Is that a fair solution? We note the poll in which the option of Rumpole moderating the blog is gaining ground.

We are not the monster censor some of you make us out to be. And yet, resorting to calling out the silent majority on our behalf is much too Nixonian for our tastes.

See You in Court with our red pencils tucked away.

44 comments:

Anonymous said...

I want to be a judge. Where do I sign up?

Anonymous said...

Has anyone been to trial in front of Lindsey or Arzola yet? DUIs set for mon. AM and wanted thoughts on their sentencing.

Anonymous said...

Judge Arzola needs to be brought down a notch or ten.
Hey Rhenquist- everytime you tell attorneys how tough you are going to be, and to spread the word, and then do something stupid like rule that Miranda is a jury question, please know we are laughing our asses off behind your back. It may shock you to learn that somehow, someway, the Justice Building managed to survive before you and your acute legal acumen arrived. Plus, prior to being a Judge, I don't think I ever saw you in the Justice Building. How long before you started preaching about how when you were a trial lawyer, you tried and won every case and filed all motions, including status reports on your tickets every day in every case. Please know, we are laughing at you, not with you.

Member of the County Court defense bar. Rumpole, this meets the guidelines, so get this up!

Anonymous said...

I heard that Arzola is so full of himself that he denied a first continuance for a defendant who had a pre-paid family vacation overseas. I also heard he made a defendant fly back from Spain for a trial. Hey Judge- these are misdemeanors. Get over it. No one cares and the reality of the situation is nothing you can do really matters. 364 is about it. So calm down, relax, stop trying to prove you're tough, and maybe the lawyers will stop laughing at you. If you don't think reputation counts, ask former judges Peter Capua or Terry Ann Miller. Remember, you are one 5 1/2 year member of the bar, female public defender from a wealthy family announcing against you from going back into private practice. And since you haven't yet won an election, that is not such a far fetched possibility.

Another member of the county court bar who has seen your kind come and go before.
Fundraisers can be fun or lonely. Your choice.

PS_ while there is a Jury Instruction on a statement attributed to a defendant, the voluntariness of a statement is a legal question for you- the Judge, not the jury. (See the Traynor case) If the statement is admissible, then the jury is still free to discount all or part of it. But you knew that already, right?

Anonymous said...

Both Judges are new, which can be a problem. Based on the above posts, I don't see Arzola doing anything other than sentencing to the max, so he can get people to say "ooo.that Judge Arzola is tough...watch out.oooo"

Hey Judge- would you be surprised to learn you aren't the first brillant jurist to come up with the idea of being tough to scare defendants into pleding guilty. But at the end of the day, when you are all alone, is that what "you really think "Justice" is all about?

Anonymous said...

If Judge Arzola in fact made the statement that he was going to be tough on defendants and to spread the word, doesn't that sound like predisposition of sentence which possibly could warrant a disqualification from the criminal bench? In any case, as previously mentioned, and as this election cycle spells out, a gruff demeanor toward the defense bar will not serve his political interest of keeping his judicial post.

Anonymous said...

Should I plea out a .018 DUI case to a standard reckless breakdown? Just checking.

Anonymous said...

Should I plea out a .018 DUI case to a standard reckless breakdown? Just checking.

Anonymous said...

County Courtsters, give Arzola a break. While he may be clueless about the wonderful ways of county court, he's bright enough to "get it" before long. There have been all too many cases of a new judge with no county criminal experience coming in and "trusting" the young State Attorneys and cops only to learn that neither really have much of a clue, and that much of what they are selling is largely crap and "testilies". Today's "tough" county court judge often softens up very quickly when he or she really learns that what is being presented by the prosecution is often worthless (i.e., 15 year old breath machines, long out of warranty; cops who have no clue how to properly administer FST's; cops who sit outside bars and pull over blondes in tight T-shirts).

And we all know that he will only be handling DUI cases until he can get his butt transferred over to the civil courthouse.

Anonymous said...

Arzola needs to learn both the law and that he's just a LOWLY COUNTY COURT judge. He's become the laughing stock of the Justice Building with his ignorance of black-letter criminal law and his sophomoric "tough" attitude. It's very tough to respect a judge who doesn't know the law and plays it like he knows it.

bellsouth said...

the blog you have reached, has been disconnected

Anonymous said...

Moderation sucks and nothing Reiff,
Catalano, Grey, Tannenbaum or any of the other self-righteous egomaniacs has posted has been at all confrontational or complex.

The stuff they post can be posted
on the FACDL email list or the CJA
email list where it belongs. If one of the purposes of this blog
was to have a forum for confrontational issues regarding
the criminal defense bar, then your moderation scheme will kill
that.

No one's gonna get hurt by a few little old words on an anonymous blog. I guarantee you most of us do not read this stuff for the boring, self-important statements
made by your name only commentators.

We read this blog for the latest
gossip, rumor and humor.

The Snitch

Anonymous said...

Rump, when are you going to liven up the federal blog?

Anonymous said...

It's sad when first year ASA's have a better command of the law than a Judge (ie Arzola). If the "spread the word statement" is true, I implore someone to order the transcript, and we should all use the language in motions to recuse on every case we have in front of him.

Judges have power handed to them, but we defense attorneys have much more pewer if we use what tools we have.

If Judge Arzola wants to jam up people in this fashion, let's jam him up with motions and recusals, hopefully some apppeals and perhaps a little 'guidance' from the 3rd will come His way.

In the meantime, it's fun to laugh at His lack of basic, fundamental knowledge. It's also scary a person with power is so ignorant. You might as well appoint me as asst. surgeon general. ( i watched ER a few times, AND stayed at a Holiday Inn, so I'm qualified).

Anonymous said...

I've never had any problems with Arzola, but then again, I've heard he's changed. That is, that neither side (state or defense) is happy with him.

If so, he's probably reached that point where you can't make everyone happy, just make sure both sides are equally unhappy.

Unfortunately, when that happens, then people threaten not to support his political campaign, because obviously the state doesn't have money, so that means he's going to learn how to cater to the defense if he wants to be re-elected. What a wonderful system.

Anonymous said...

I've never had any problems with Arzola, but then again, I've heard he's changed. That is, that neither side (state or defense) is happy with him.

If so, he's probably reached that point where you can't make everyone happy, just make sure both sides are equally unhappy.

Unfortunately, when that happens, then people threaten not to support his political campaign, because obviously the state doesn't have money, so that means he's going to learn how to cater to the defense if he wants to be re-elected. What a wonderful system.

Anonymous said...

The viciousness does add to some excitement around here. Yet isn't it hypocritical to engage in defamation when we are suppose to be held to a higher standard than the rest of society?

Lawyers cannot do many things that non-lawyers can do. Lawyers are held to a higher standard as to non-lawyers just as ASA's are, as to lawyers.

Just as those who host forums, websites, blogs are held to a higher standard than the internet traffic that blows through. :-)

bellsouth said...

do, do, do - If you'd like to make a comment, please hang up and try again

Rumpole said...

As to viciousness Rumpole sez that we don't edit that out. be vicious- just follow the few simple rules.

EMERGENCY BLOGCAST SYSTEM said...

THIS IS THE EMERGENCY BLOGCAST SYSTEM, IF THIS WAS A REAL BLOG, YOU WOULD BE NOTIFIED OF COMMENTS IMMEDIATELY AND WITHOUT EDITING.

DUE TO THE LARGE NUMBER OF 3 YEAR OLDS WHO ROUTINELY POST TO THIS BLOG, MODERATION IS CURRENTLY IN EFFECT.

Anonymous said...

Does anyone know if Patty Marino-"pedraza now that I am running for Judge" has ever tried a jury trial? more than 5? When I was a county court asa she could always be counted on for a plea after playing the mickey mouse contiuance games written of by Alan Schwartz.

Anonymous said...

Judge Arzola appeared to me to have little if any grasp of basic evidence. Bring an evidence book (maybe an extra one that you can leave with him) and plenty of caselaw because you will have to educate him. Make a record of everything and ask him to make specific rulings. Given his obvious shortcomings on the law, I do not know why he is so full of himself. Whatever happened at "baby Judge school" didn't work for this guy.

Anonymous said...

Happy Birthday to the future Public Defender of our Fair County -- ROD VAREEN! (well he is moving up on the Rump's poll) But is he having a party????

Anonymous said...

I wanted to post about someone having an affair, but I believe by the time it is posted, the affair will be over.

Anonymous said...

I hate new judges. They try to be macho and end up screwing the Defendants until they find out that cops lie often.

I really hate new judges.

I really, really, really, hate new judges.

CAPTAIN said...

BUSH TO APPOINT ANOTHER 3RD DCA JUDGE

BREAKING NEWS..................

Third District Court of Appeals Judge David Levy has announced his resignation effective June 30, 2006.

If you have any interest in becoming an appellate court judge:

Applications may be requested from the office of the Chair, Ramon A. Abadin, Monday through Friday between 9:00 a.m. and 5:00 p.m. or they may be downloaded from The Florida Bar website at www.FloridaBar.org in the section titled “Applications”. All applications must be submitted in the form of an original with ten (10) copies and must be filed no later than 5:00 p.m. on April 19, 2006 at the office of the Chair:

Ramon A. Abadin, Esq.
Abadin Jaramillo Cook & Heffernan
9155 S. Dadeland Boulevard, Suite 1208
Miami, Florida 33156
Telephone:(305) 670-4777
Facsimile:(305) 670-7007
Email: rabadin@aj-law.com

Too bad Levy didn't wait until November. It would have been nice to have a new governor (can you say Democrat) to name the replacement.

Anonymous said...

I just spotted the blog in the obituaries

Anonymous said...

As to your comment on Judge Scola,
my take on her is that she is extremely professional, courteous and pleasant with attorneys, however she is unable to devoid herself from being a prosecutor on the bench.

I've had many cases before her and its always the same thing, the state runs her courtroom and dictates everything that happens.
If the DC says ok then its ok, but
there is no discussion from her (either off the record or on) as to what she thinks is appropriate under the facts of a particular case.

Practicing before her gives you the
distinct feeling of being against
two entities joined at the hip - the state and the judge in cahoots.

A hint judge - not everything the state does or says is the right, just thing to do. And not everything a defense lawyer says or does is the wrong, unreasonable thing to do.

The Snitch

Anonymous said...

R.I.P RUMPOLE
2005-2006
BLOGGER, MODERATOR, MAN OF THE BAILEY

old school said...

Rod Vereen would make a splended Public Defender.

Anonymous said...

Patty Marino-Pedroza is not and has never been a trial lawyer. She is a coverage fee-plea attorney. Not that that ever stopped anyone from becoming a Judge before. Once she dons the robes, history will be re-written and her brillant victories before juries will become the stuff of legend.

A trial lawyer.

Anonymous said...

Rod can't afford the pay cut

Anonymous said...

Arzola is a dumbass. I'm a private guy and I wouldn't recommend him to be my worst enemy's attorney. Now I have to argue to this bone head. What is wrong with our system?

Anonymous said...

Keep moderating the anonymous posts Rump. While the less scrupulous among us may think that words can't hurt anyone, those of us who cherish our integrity (and our families) appreciate what you're doing. I wouldn't want any false accusations against me published here or anywhere else.

Anonymous said...

I WONDER WHY WOULD ANYONE PRAISE LEIFMAN. WHAT THE HELL DOES HE DO. HE HAS NO DIVISION AND DOESNT EVEN COVER FOR OTHER JUDGES. HE HAS A REPUTATION OF HAVING NO SPINE. HE WILL TELL YOU ONE THING AND DO THE OPPOSITE. I CANT WAIT TO SEE HIM GO.

Anonymous said...

LEIFMAN IS A BUM. i HEARD HIS SECRETARY GIVES HIM 10% FROM THE SALE OF PERFUME.

Anonymous said...

I heard it is his perfume and she sells it for him.

Anonymous said...

I can verify that leifman does cover...he covered for Ada on the beach on a day when I was down there. Also, he was a mentor to one of my clients, and did wonders for the kid. I like him. He's got my vote.

Anonymous said...

People should stop defending people on the blog, it just fuels the angry children that had no life before this opportunity Rumpole provided to be cowards online.

If these people had to post their real names, they'd go back to their meaningless pathetic lives.

Anonymous said...

Leifman is one of the best judges in the County.

Anonymous said...

Responding to "Patty Marino-Pedroza is not and has never been a trial lawyer. She is a coverage fee-plea attorney" This is a blatant example of an outright lie in a post. I personally have tried a jury trial with Mrs. Marino-Pedraza. Furthermore, in the eight years she has had her own practice the only time I have seen her cover a case for someone is as a courtesy to other attorneys in need. She is more than qualified.

Anonymous said...

By the way I forgot to add re jury trial I had with Marino-Pedraza. Verdicts were Not Guilty. Go Patti.

Anonymous said...

In Response to the comments made about Patti. How many jury trials did Judge McWhorter do while working at the state (Felony Screening Unit) or working in private practice? 0. she has not tried a single case. Remember, the Felony Screening Unit is not a trial unit at the State Attorney's office, so the conclusion is 0.

Anonymous said...

Dui with failure to submit test...just read my discovery and its full of lies...only about 25% of it is true and to make matters worse im facing our buddy Arzola.....any suggestions???please!!