Wednesday, May 17, 2006

CANDIDATE TRAINING SESSION

AN ALERT READER SENT THIS:

CANDIDATE WATCH:On Thursday, May 18, 2006 at 1:00 PM, at the Dade County Courthouse, The Florida Bar will be conducting a training session for people seeking election to become a judge in 2006.According to The Florida Bar, this training should be attended by anyone who has filed to run already OR ANYONE SEEKING OFFICE WHO WILL BE FILING BETWEEN JULY 17-21, 2006.According to the Bar, the following issues will be addressed:

1) Hispanic Heritage for Everyone!!!!- OYE- adding a “Hernandez” or “Pedros” to your last name. Adding a “Camacho” to your middle name, or adding a “Pepe” or “Enrique” to your first name. Do's and don’t will be discussed, and the case studies of Ira “pepe” Goldstein and Miriam Schwartz-Hernandez will be analyzed.

2) Juicy Seats- why running against a black judge just might be the ticket to getting a black robe.

3) The “Swartz Maneuver” what it is and how you can perfect it in your next campaign.

4) Raising money in Dade County-how to look the other why and why the doctrine of "willful blindness" may just get you indicted.

----------------------------------------------------------------------------------------------------------------

On the issue of reversals, an alert reader sent this in on the reversal of Judge Siegler:

Dear blog master;The Third DCA withdrew the opinion in Daniel Martinez, on May 10 2006. The parties were required to file supplemental briefs. Specifically petitioner was required to provide a COMPLETE transcript of the hearing, during which petitioner claimed to have advised the court that there was a waiver in the file.The Third DCA suspects, that the trial judge was never advised of the waiver. Stay tuned.

Rumpole notes that being reversed does not make any of the Judges bad judges. Every lawyer loses a case, every judge blows a ruling now and then. Personally, we’d pick Judge Sigler to be our judge in any and every case we have.

APOLOGY. AND DISMISSAL.


We sort of think that maybe be were too hard on Judge Thomas. The thought of posting an “information” had been percolating in our minds for some time.But in retrospect, this really wasn't the right case for it. And while it is true that many readers were posting complaints, we never saw any of the conduct that they were complaining about. We have been in and out of his courtroom over the last few weeks, and quite frankly, he seems just like any other Judge in the building. He has his good points and bad points. Some of the stuff about denying continuances and berating attorneys doesn’t sit too well. But he seems fair, and has treated most everyone we saw before him- attorneys, defendants, and families of defendants- in a fair manner. In fact, he usually had a sense of humor about most things, which we find, makes the general public feel more at ease when in court.

So, charges DISMISSED. WITH PREJUDICE.
RUMPOLE., HORACE, J.


See You In Court.

45 comments:

Anonymous said...

Maybe Thomas read the information and the comments that went along with it, and took a closer look at the way he was acting. We are all entitled to make mistakes as long as we are able and willing to learn from them. I think the jury is still out on him(no pun intended), but I certainly HOPE he has changed.

Anonymous said...

I think you should conduct a new poll and ask how many readers would accept an appointment in Judge Thomas' division. Slim-to-none...I would imagine.

Anonymous said...

Look at Leslie Rothenberg's pic:

http://www.miami.com/images/miami/elnuevo/14610/213461259470.jpg

Anonymous said...

Rump
Your jewish guilt kicked in again.

Anonymous said...

thought catholics were famous for the guilt

Julie Barnes said...

To the anonymously brave ASA who posted
Wednesday, May 17, 2006 11:38:14 PM:

You sanctimonious arse! Please! While you sit nestled in your cocoon suckling off the teat that is the State of Florida the rest of us are trying to defend the constitution and make a living at the same time. Oh, to only have to worry about putting "bad guys" in jail. There are prosecutors who do the right thing, that is balance the rights of the public to be protected and the defendants rights guranteed to him by that pesky thing called the constitution. Unfortunately, they are few and far between and you my pompous, arrogant, snit are certainly not among them. It must be very easy to throw stones when you have all the ammunition. How hard it must be to do your job when most judges fall all over themselves trying to help you in every way imagineable so they can appear to be tough on crime.They will do anything to stay out of the Herald or the news. The 3rd certainly puts many roadblocks in your way as they rapidly become the most conservative DCA in the State. Most ASA's take the cops version of events as a child takes pablum, lapping it up despite the inconsistencies and the fact that they know better. Very few prosecutors will stand up to their DC's even if they think something is wrong. Sound Familiar, I thought so. How pathetic that justice, doing the right thing, and adherence to your oath to uphold the law gets carjacked by ones fear. So dont tell us what we are or who we are... You don't know us. We juggle calenders, meet overhead, defend the law(even for you),deal with clients and their families,and generally help make this system work. Without us it stops. A monkey can prosecute, a defense requires an agile , adept, and creative mind. Those that can, do...Those that can't work for KFR.

Anonymous said...

Teat?

Anonymous said...

8:15..........you sound like a pompous, unprofessional jerk. I understand your frustration with the prosecutors who don't take their jobs seriously, but many others do.

Prosecuting isn't easy and pays nothing. While you and other private attorneys are living in beautiful homes, many of the prosecutors you're dumping on struggle to pay their bills (even though many live in crappy neighborhoods you wouldn't think of driving through). So, cut them some slack. They deserve it.

Your stereotyping them is no more fair then their stereotyping everyone else.

PS----many prosecutors (I was one, but left years ago) disagree with their DCs and get stuff done behind the scenes, because that's the professional thing to do.

PS2----many of the current Miami-Dade county circuit court judges are as liberal as all get out. Scared of the SAO? Who are you kidding?

Captain Adam Greer said...

teat (tet, tit), n. 1.the protuberance on the breast or udder in female mammals, except the monotremes, through which the milk ducts discharge; nipple or mammilla 2. something resembling a teat

Anonymous said...

From torts to teats...only on this blog.
Will the moron who is posting under the names of tv personalties and old wrestlers please stop it! Its anonying. If I could find you, I would sentence you to a weekend of bond hearings with Judge Lindsay carefully reading each and every DWLS and possession of marijuana a-form with due care.

Doris Ziffel said...

I am pompous and revel in my pompousity. I do however take umbrage with your characterization of me as an unprofessional jerk. How dare you!!! I work very hard at being a professional jerk. It's not easy being a jerk but I think I have passed from amatuer to pro, definitely. As to your other points all I have to say is WAH...WAH...WAH...

Rumpole said...

A cast member of the Sopranos wrote in a post:

Vito Spatafore said...
Jeffy "back-door" Swartz is my idol.

Imagine parlaying losing a murder case on speeds as an ASA, a failed judicial re-election campaign, being universally reviled and having 2 failed marriages into a $800,000.00 job.
Its cojones, chutzpah and brilliance all at once.
Now, can I have some more johnny-cakes please.

Rumpole responds that old time ASA's (early 80's and back) do remember Mr. Swartz losing a murder case on speedy trial. Remember that back then there were not the re-capture provisions that we have today, and the courthouse was much more of an old boys network where the right defense attorney could get just about any case tossed before the right judge. That being said, Speedy Swartz could very well have lost a big one on the 181st day.

Anonymous said...

many of us do live in beautiful homes, but dont forget about the nice ride and boat

Anonymous said...

Rumpole, where is the news from the FACDL dinner? No post on the night? Instead we get retractions on old posts...............

Anonymous said...

I really don't understand how some of you members of the defense bar talk as if you hold the moral high ground.

Is putting drunks back on the road God's work?

Aren't all those underpaid felony ASAs trying to make it less likely that someone rapes your kid? Carjacks your wife? Breaks into your house? Sells dope in front of your kid's school?

It's an epic battle between good and evil, and you, 8:15, represent evil.

One last thing-- did you ever wonder why you have it so good in State court but federal judges treat you and your clients like the scum that you are? Yes, it is in part because of the differences in the law. Do you think that it is maybe also because the federal judges don't need your fucking blood money and dope money to keep their jobs?

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

CAPTAIN said...

SOCIAL SCENE:

On Saturday evening, 350 guests gathered at the Biltmore Hotel in Coral Gables for the 30th Annual FACDL-Miami Installation Dinner.

Our spies tell us that it was a very well attended event - especially given the fact that half the County Court bench has drawn opposition in the Fall election. Judges and their challengers could be seen on opposite sides of the room, wearing their badges, pressing the flesh and jockeying for support. Ivan Hernandez was there as was his opponent Robin Faber. Lawrence Schwartz and Gina Mendez too. We understand that Judge Murphy enjoyed the entire evening while opponent Josie Velis made a surprise entrance and an even quicker exit soon after her arrival; (we are trying to find out more on that story). We understand that Patricia Marino showed and she was followed closely by Judge Shirlyon McWhorter. Both County Admin Judges Leifman and Slom were there too. Judge Pando found her way from Hialeah to Coral Gables, and Judge "Shelly " Schwartz was seen handing out pens - just in case you ordered an absentee ballot for the election and needed something to write with.

During dinner, Judge Stan Blake paid a warm tribute to Judges' Crespo, Leyte-Vidal and Dakis. Fed. Judge Federico Moreno was honored with the Justice Gerald Kogan award and gave a funny acceptance speech.

Sworn in as the new officers were Prez. David Marcus, VP Barry Wax, Treas. Rick Freedman and Sect. Faith Mesnekoff.

TOBACCO ROAD

The flesh pressing continued on Thursday night at the DCBA-Crim. Ct. Committee judicial happy hour with some new faces in the crowd. According to our sources, new judges Antonio Arzola and Norma Lindsay - both of County Court fame - came out to meet and greet. The beer was flowing as Slom,
McWhorter, Faber, Shelly Schwartz, Pooler, Blake, Echarte, Bob Scola, Murphy, and a host of both ASA's and defense attorneys enjoyed the party.

DAKIS TRIBUTE:

For those interested, there is a special tribute honoring Judge Linda Dakis on Friday at 4:00 pm. This "Celebration of Life”ceremony is open to the public and begins at 4 p.m. at the Lowe Art Museum, 1301 Stanford Drive, Coral Gables, on the University of Miami campus.

CAPTAIN OUT ...............

Anonymous said...

WHERE IN THE WORLD DO YOU GET THAT SWARTZ HAS AN $800K JOB...ABOUT $675K LESS WOULD BE MORE LIKE IT. HE IS MAKING LESS MONEY DEFENDING LITTLE MED MAL CASES THEN HE WOULD MAKE ON THE BENCH...

Hannes Alfvén said...

I am just gonna say this once, and for you 12:51:43AM I'll say it real slow. You take the salary of a Circuit Court Judge...You got that. You don't know what it is? Look it up they just got a raise. Then, you multiply, you do know how to multiply don't you, that number (you still remember what it was right?)by the number of years in a judicial term. Now rather then having you go all over the internet (you know about the internet..Gore invented it) I"ll tell it's 6 years. When you get done with this very compliacated and sophisticated mathmatical equation you will have a number that exceeds ( that means its more) than $800K (800,000 dollars).
OK...Dont make me come over there!!!

Anonymous said...

YOU ARE VERY RIGHT! SORRY. I JUST KNEW THAT THEY ARE PAYING JUDGE JEFF SWARTZ MINIMUM WAGE OVER AT STEPHENS LYNN LAW FIRM TO DEFEND TINY MEDICAL MALP. CASES. THE CIRCUIT SALARY WOULD BE A BIG STEP UP. IT WILL ONE DAY BE "CHIEF JUDGE JEFFREY SWARTZ". THAT IS THE ONLY WAY THAT WE CAN COMPETE WITH BROWARD AND DALE ROSS & FAMILY.

Anonymous said...

Why do some people TYPE IN ALL CAPITAL LETTERS? It's really annoying.

Anonymous said...

11:48, you are a fucking joke. I await the day that you or someone you love is accused of something that you did not do. I can not wait until your perfect straight A student child is driving home from a party and gets arrested for DUI. I will be watching when someone tries to trample your rights. Working as a defense attorney is god's work. It is standing in the way of an odious machine that wants to run over people regardless of the hand that they were dealt, regardless of public sentiment. It is defending the rights of the guiltiest of people to ensure that the rights of the innocent are upheld. You sir or ma'am, are a joke, and belong in a country like CUBA where the government is Judge, Jury, and Executioner, and one does not have the right to have another person stand up for them when the weight of the government, the public, or accusations are crashing down upon them.

Anonymous said...

11:48...who wears the white hat? Those that point fingers and accuse, those who lock people in cages, those who try to have people's rights buried when the government acts inapproriately, those who wield great power without the luxury of discretion, or those who simply defend the rights of human beings, without judging them?

Anonymous said...

Could not have said that any better myself. Unfortunately to few of those involved in the day to day operation of our criminal justice system forget why we have these rights in the first place. The issue is not, nor can it ever be allowed to become, whether or not an accused person is guilty. The issue is ensuring that everyone, guilty or not, is afforded the same Constitutional protections. If you do not believe in the importance of that principle, then you have no business practicing law in our building.

MONTY said...

Rumpole
I fart in your general direction.

Anonymous said...

To 11:46 poster - I thought we WERE in Cuba. In any case, not much difference between GW and Fidel anyway.

Anonymous said...

There is one difference...Castro takes care of the poor people in his country (sure that comment will kick off a firestorm)

Anonymous said...

why the fuck should the government take care of the poor? i forgot, your a socialist government type. keep up the good fight shitbird.

Anonymous said...

And what do you advocate? No social services? no food? no healthcare? No education? I understand that you may be a hack attorney who needs the poor to be void of opportunities so that they have no choice but to turn to crime, and then maybe you can get appointed as a PCAC and put a little of the lucre in your pocket, but I for one feel that we would be better off taking care of our poor. If this makes me a liberal, I guess I am a liberal. if this makes me a socialist, that is fine too. If this makes me a shitbird in your eyes, so be it...i am truly concerned with your opinion. I will keep up the good fight.

Anonymous said...

we all wear the white hat. the asa's protect people's rights, as do defense attorneys. good apples and bad apples. but we sure make more $ haha

Anonymous said...

the only people who wear the white hats are the people who respect the system, on both sides.

The most dangerous people in our system are prosecutors that have no respect for defense lawyers (and you know who you are). The reason is, they have much more power (and dont give me the bullshit of state court judges not being afraid of the state) You guys offer 364 like its a week in jail and no one says shit to you, so shut up.

Anonymous said...

Hasn't anyone heard about the "secret" club, where they keep points and award "prizes" for the most jail racked up per month (usually in the form of free drinks)? I thought that would be getting more play than it is. Who says public service doesn't have its privileges!

Anonymous said...

So salacious!

CAPTAIN said...

COUNTY COURT JUDGES - 2 OPEN SEATS

The JNC is accepting applications for the two open County Court seats for the next 14 days. Those vacancies are as the result of the death of Judge Dakis and the promotion of Judge Silver.

Gov Jeb will get to pick two more for the bench - let's hope that those that do get nominated will actually have seen the inside of a courtroom, picked a jury or two, and maybe even have run their own law practice at some time in their lives. I guess it would be too much to ask for them to have had a long (key word long) and distinguished legal career.

CAPTAIN OUT ...............

Anonymous said...

To this ignoramus:

Anonymous said...
There is one difference...Castro takes care of the poor people in his country (sure that comment will kick off a firestorm)

Friday, May 19, 2006 1:26:08 PM

Castro does not take care of the poor people in his country. He treats bad the poor people and makes people poorere while he and his family and friends get richer and richer and accumulate more power.

Look at this pages for more info on Cuba and how Castro treats the poor there:

http://www.therealcuba.com/

(make sure to look at all the sections)

Ask these Cuban children how Castro takes care of them and why they are so skinny:

http://www.cubanet.org/fotoreport/today/fotos051906.htm

Why are foreigners treated like royalty and Cubans treated like crap in Cuba under Castro's apartheid system? Look here:

http://www.netforcuba.org/InfoCuba-EN/CubainPictures/CubainPictures.htm

Anonymous said...

f cuba, this is florida, whether you like it or not. (see rand mcnally)

Anonymous said...

Ignoramus here...Links to web sites set up and run by the exilio is about as convincing as using Iranian websites to convince me that the Holocaust did not happen. Facts are facts...In cuba, everyone gets healthcare, an education, and food.

Benefits Are Nice said...

$800k for Swarz coup? You forgot about all of the benefits he would qualify for, including a nice pension when you add in his years as a judge and ASA.

Anonymous said...

One slice of hard bread a day, a hospital with limited technology and communist indoctrination = food, healthcare, and education in Cuba.


Please do not mislead the readers of the Blog.

Anonymous said...

Ignoramus of 8:17:03, go check your "facts" in Cuba by living there as a common Cuban for a couple of weeks, and you'll see how food and healthcare is foreigners with dollars or euros, and Cuban kids get indoctrination, propaganda and military training. Senior high schools are in the country side and children have to work like adults in the fields every day to pay for their "free" education. The pictures in those websites posted by 1:26:08 are a fair and accurate representation of the miserable life for Cubans and the luxurious life for Communist party elites and foreigners in Cuba.

Anonymous said...

i am a poor and struggling young private. i wouldnt turn down a parking ticket in monroe county if the client covered the gas. i did, however, turn down an appointment in thomas a month or so after closing a privately retained case in there.

does he seem like a nice guy? sure, for my few times in there. do i feel comfortable representing a client in there, heck no!

Anonymous said...

thats cause your a pussy.

Anonymous said...

RE black judges and black robes

What a lot of nonsense.. Look .. here's how it goes.. Judge
McWhorter is the ONLY county court judge who insists on a "waiver" or the client's presence.. this is a PAIN.. I dislike it enough to support her opponent.. She MADE the decision to IRRITATE defense attorneys .. that doesn't mean she won't win... It does mean I won't support her.. Her requirements are in my opinion inconsistent with every other county court judge on the bench.. Sorry it has NOTHING to do with her color.. or her personality which is very pleasant.. It has to do with the fact that she makes my day a misery worrying about whether or not my client will be there or if they executed a waiver.. when NO OTHER JUDGE makes the same requirement. .. I wish her opposition were black.. I HATE to lose a black judge and a FEMALE judge as well.. but her choices made people angry.. and she got oppositon..
As for other black judges who got opposition.. there is Karen Mills Francis.. for the most part well liked in the court house and a nice person in general.. a nice LATE, TARDY, person who by her actions seems to say she doesn't care a whit about attorney's time or defendants time etc.. Again. .this is a choice she made.. a choice that Pando made as well a WHITE judge who's career has suffered greatly simply because she lacks the ability to be ON TIME. Come on folks how hard IS IT to BE ON TIME? I won't support anyone who disrespects me in that fashion.. again... that doesn't mean they won't win again.. it just means they don't have MY vote.. or MY support.

Anonymous said...

To 5/18 11:48.. ie are we defense attorney's doing "god's work".. Are you SERIOUS you freak.. I took an oath to the bar not to do "Gods work" You are making the world safe for NO ONE.. you make it more likely my child will be arrested for some obscure, nonsensical "crime".. based on your "moral" perceptions of what is "wrong".. Whenever I hear absurd religeous freaks like you.. I always think WWJD.. the very common WHAT WOULD JESUS DO? adopted by fundamentalists morons.. Well ask yourself.. if Jesus was given the choice of DEFENDING people or PROSECUTING them.. (Persecuting!)
What
WOULD Jesus do.. he'd work for legal aid AND be a Public
Defender .. you self righteous moron.

WWJD....... said...

I think jesus would be a PI lawyer - he could make big bucks and buy a better pair of sandals