Monday, May 22, 2006

JUDGES AND THE PBA

A reader has a question:

I have a question, and I will apppreciate an intelligent answer, please. Is it ethical for the newly elected Judge Adrien to want to join the PBA? I sense that there's something wrong there, but maybe I'm just as dense as he is. I mean, officers come to testify before him in motions and trials. it's his job to grant or deny motions, to sustain or overrule objections, and limit how much embellishment some officers do come up with. isn't there a conflict of interest if he joins them, and therefore becomes part of them?


Rumpole replies with a loud and forceful NO.

NO judge should be a member of the PBA, MADD, FACDL, Florida Prosecutors Association, etc., It creates an appearance of impropriety.
These Judges are already members of enough Judicial Conference Nonsense that allows them to take approximately 176 days off a year to work at “conferences” that they have no business, and should not have the time, to join the PBA. If the Judge in question wants to join the PBA so he can send out campaign fliers saying he is a member of the PBA he should go to civil or probate or to the SAO. We don’t like what we are hearing about “Camacho” these days. Verrrry disturbing.

Judges who feel insecure enough to join the PBA should remember this:
You want to be a good Judge who is well respected by everyone?

1)Treat everyone with respect.
2)Listen to both sides of the argument.
3)Give a ruling or give sentence that is just and fair and not tinged with anger, or revenge.

Follow those simple rules, and instead of being mocked for being "Maximum_[insert name here]" when you walk down the halls, attorneys will say: "there goes a great Judge. He ruled against me last week, but he worked hard, listened to what I had to say, and did what he thought was right."

Your Choice- bufoon or respected.


THE CAPTAINS THIRD REVERSAL OF THE WEEK ©
WEEK #3 - REVERSAL OF THE WEEK

It seems that we can't get away from those Contempt cases.
So here we go again.
The case is Cuesta v. State, 31 FLW d1376, a 3rd DCA case decided on May 15, 2006. The trial court Judge was Julio JimenezTo his credit, we are assuming that JJJ (Judge Julio Jimenez) gave the defendant a fair hearing on the contempt charge. The defendant, already serving a life sentence for an attempted first degree murder with a firearm, was called by the State as a witness against the co-defendant. Cuesta refused to testify and was held in contempt. He was found guilty and sentenced to six months in the Dade County Jail; (certainly worse than the life sentence he was already doing with the Florida DOC).JJJ needed to do something more, so he provided added penalties to the sentence: loss of privileges, including no phone, family or contact visits, exercise, television, library or commissary.
The 3rd DCA panel of Cope, Cortinas and Rothenberg, said nooooooooooo to JJJ. While they affirmed the Contempt conviction, they also stated that “we strike the special conditions added to the sentence imposed. We do so "because the trial court is without jurisdiction and lacks the authority to regulate the treatment of prison inmates.”To all who labor in and about the REGJB - have a great week.CAPTAIN OUT ....................


Rumpole notes that these REGJB Judges apparently couldn’t find a cantaloupe in contempt of court. How hard can it be? Just read the rules. (woops…violation of first rule of judicial ethics: “Thou shall not read the rules of criminal procedure.”) OK. Try this….1-800-Call-Stan and speak with Judge Blake and he will guide you step by step how to find a cantaloupe in contempt.

See You In Court, we’re the one defending the cantaloupe.


PS: we've been waiting to say this since the FACDL diner: "Nice try Judge Barzee, but you will have to be smarter than that to get us to reveal our identity."

35 comments:

Anonymous said...

How about a turnip instead of a cantaloupe? As Judge Rainwater (remember him?) once remarked to a defendant claiming financial inability to pay child support: "I can't squeeze blood out of a turnip, but I can always put the turnip in jail".

Anonymous said...

The committee on the standards of conduct for judges has already issued an opinion on this question. The answer is an absolute NO.

Anonymous said...

One thing is to be a member of the PBA and quite another to go to the PBA's awards gala, hustle for votes at the silent auction reception and then leave before dinner is served to avoid having to buy the ticket.

Inspector Lewis Erskine said...

You mean to say there is actually a committee on standards of conduct for Judges? Who's the chair? Alan Schwartz? Let me guess....mmmm....it's made up of lay people. I think not. It's more of letting the inmates run the prison. When and where does this august group meet? The twelfth of never? Really what do they do? If it was a serious assemblage they could set up shop down here and never leave. They could hold seminars and coferences till the cows come home and never dent the thick skulls that am(sic) are judiciary.

By the way Rumpholio these public servants get to take 30 days vacation. Not 4 weeks, or 20 work days, 30 days. On top of that they are entitled to two weeks of administrative time off(summer and winter conferences) plus any other time they can wrangle for committee's they are on or contiuing education they need. Oh, and how they need it. So the next time a memeber of this legal club tells you how hard they work or how hard it is to do their job....slug em.

Anonymous said...

Anyone know why Judge McWhorter left the PBA Gala (her former employer) early?

Anonymous said...

judges are gov't employess, and should be entitled to wwork govt hours, just like the pd's and most all other govt jobs. as a private, i make more than both and have even better hours.

Joe Friday said...

Silly me, I thought they became Judges to give something to the community. I didn't realize they were in it for the cushy hours, great vacations, and the pension. But... you are right they are government workers and as such should be required to put in a full days work. They are after all spending my tax dollars and I think it's only fair that they earn it. If they want better hours, more money, and the freedom that private practice provides let them work the trenches like the rest of us. To opine that because they are employed by "The Man" they are somehow excused from the daily rigors of work is really the tail wagging the dog. Precisely because they are on the dole they should be held to a higher standard. Afterall, they, because of their exalted position, do derive benefits. Both in the esteem they are held by society and the fact they are considered, not properly, as the top of the legal food chain.

Officer Bill Gannon said...

Friday... You always were a tightass.

Anonymous said...

I'm not so sure I'd crow about that reversal. Yes, "the trial court is without jurisdiction and lacks the authority to regulate the treatment of prison inmates.”

But if a client's mother comes to me because her son is getting ass raped in jail, I'd be very upset to know that the judge could not force the department of corrections to move the client to a new cell.

Johann Kepler said...

Vas is dis "ass rape"?

Anonymous said...

JJJ stick to what you are good at - what was that anyway?????

Anonymous said...

Fingerhut is really cute

CAPTAIN said...

Grieco says: "I GOT BURNED".....

"The electronic age -- you can take advantage of it for your own benefit. At the same time, you can get burned. In my case, I got burned," Grieco said.

Those were the words of one Mike Grieco tonight on the NBC6 piece about the Internet and MySpace.com. For those of you who did not see the story, it focused on what the possible negative effects to your job and your career - keeping a MySpace site - could do.

At the end of the story, the reporter indicated that Mike was continuing with his DJ career, but was also hanging his shingle and opening a criminal defense law firm.

So, DJ Esquire, here is some advice:

1. Be just as strong an advocate for your defense clients as you were for your past employer.

2. Read the 4th, 5th and 6th Amendments to the US Constitution and argue for their protections zealously in court.

3. Apply to the Private Court Appointed Counsel Registry. Not only because you may want the steady stream of cases, to start out, but also because it is the right thing to do. Defending those who otherwise could not afford your services brings you back to the reason you became a lawyer, and now a criminal defense lawyer. To protect your client from the government and from all their omnipotent powers and from their abuse of those powers, whenever that should arise.

4. Remember, as a criminal defense lawyer, you are now "Liberty's Last Champion".

Welcome to the other side Mike .....


and the CAPTAIN has spoken .....

Anonymous said...

Nice job Captain, I couldn't have said it better myself

Anonymous said...

Captain, you forgot 5) Grieco, leave town unless you want to get laughed at all the time.

Anonymous said...

Hey Captain, get real

Anonymous said...

Yes, I noticed that as well. Does anyone know why McWhorter left early? Please let us know, it'll be interesting to know why?

Anonymous said...

Captain
Your a dork.

Anonymous said...

Who gives a shit why she left early? What the hell is wrong with you people. Who notices shit like that anyway?

Anonymous said...

Sounds like someone doesn't want another rat in the race...

Anonymous said...

Lewis Erskine? Joe friday? Someone's been watching too much Nick at Nite.
Besides the days off is there a rule as to how many hours a day/week that judges are required to work?
If you run your division efficiently do you have to stay until the whistle is pulled and Fred Flinstone slides down the trunk?
And what do judges who only have morning calendars do all afternoon anyway? (assuming no trials)

Anonymous said...

for the record, mcwhorter did not leave early to go party, sleep or do any of the sort...she had to attend another event. In case you hadn't noticed, mr. 7:51pm, she is running for re-election! and there are 1 million voters in this county. I am not saying i am supporting her but maybe having gone through the process, i know that campaigning is tough.

Anonymous said...

Mcwhorter didn't do anything different than any other judicial candidates. I've been to several events lately where I've seen candidates leave early or arrive late becuase they were busy shaking hands somewhere else.
Sort of rude if you ask me; "I'm here so you vote for me but you're not that important to me that I have to stay for the whole two hours" But that's the way it seems to be.
And why would Judge Adrien want to be associated with the PBA anyway? He's not up for re-election. Or is he doing it now so that when he is up, people won't accuse him of supporting them simply for the vote.

Anonymous said...

me thinks Judge Adrian wants to join the PBA so he can get an honorary "macho camacho" badge.

Anonymous said...

Does anyone know why Mcwhorter was not recognized at the PBA gala-all the other Judges were announced?

Katie Pooler said...

The PBA gives political endorsements. Judges are not allowed to be members of groups that endorse political candidates.

Anonymous said...

yes, the PBA endorses judges, and that has no effect on their ability to judge police officer's credibility, ever.

How was the dinner?

Anonymous said...

i think camacho adrien wants to join the pba so they can vote for him once he's up. because of all the bonehead crap he's pulled up so early in his career, he's wisely thinking about the future. hey, he wants to keep that job. who can blame him???? do you think he can have a private practice and support himself and his family adequately? I think not. After that cushy job as a judge, who would want to go back to Legal Aid? Adrien has tasted the good life and he's said, no more, mon.

Anonymous said...

The PBA is run by a bunch of jack-booted thugs. Anyone who is voluntarily associated with them has severe mental problems. I remove from that list cops who pretty much have to be associated with them becuase they get sued or threatened for making arrests, as well as anyone who contributes after the current leadership is ousted. The PBA would have a lot more credibility if they actually did a little "self-policing" and didn't support corrupt cops when the facts were obvious as all daylight. Then maybe someone would listen to Rivera for a reason other than FEAR. Probably makes him feel good to run it that way though.

Anonymous said...

Forget why McWhorter was there, did not get mentioned or why she left early; can someone please explain what and why she was wearing that outfit? Yikes!

Anonymous said...

it's amazing that you bone headeed a-holes attack people and the schmuck who runs this blogger publishes it. This after he censored someone for referring negative to someones features.

Can you make up your minds is it ok to call a person names when you don't even know what his sexual prefernece is and then make accusations that he does drugs.

Shame on you, this blog used to have good insight and information now it's just a huge trash can with a bunch of a-hole lawyers.

Anonymous said...

Fuck off pussy.

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

ADRIEN IS A DOUCHE BAG, PIECE OF TURD!!!!!!!

Anonymous said...

On November 7th, 2006, the good people of Miami-Dade County and Monroe County will VOTE either Yes or No for the retention of three Judges of the Third District Court of Appeal. Most people do not realize that the Third District Court of Appeal is the last appeal available to the citizens of Miami-Dade County and Monroe County on almost every legal issue. A loss in the Third District Court of Appeal almost always may never be appealed to the Florida Supreme Court, leaving a litigant only one appeal to the United States Supreme Court which will likely be denied very quickly. The United States Supreme Court accepts for review less than 1% of all appeals filed in their court, in addition just the printing cost of the briefs in this court will set you back $5-k.

The Third District Court of Appeal has literally in essence denied almost 50% of all the appeals filed by the citizens of Miami-Dade County and Monroe County, by issuing what is called a PCA, meaning the Court denies the review without any reason. Although the Florida constitution guarantees the right of appeal, the Third District Court of Appeal has side swiped this right by issuing a PCA denial of review. All PCA orders in Florida are NOT reviewable by the Florida Supreme Court and any attempt to seek review by the Florida Supreme Court will be denied on its face by the Clerk of the Florida Supreme Court (this decision is by choice of the current justices of the Florida Supreme Court). As noted filing an appeal to the United States Supreme Court is basically useless.

This November 7th, 2006, is the opportunity for the Voters of Miami-Dade County and Monroe County to send a message to the Third District Court of Appeal that we will not tolerate not being allowed meaningful appeals. An appeal is a right guaranteed by the Florida constitution, for example you could lose your, freedom, child custody, house, life savings and so much more by a trial court who might not follow the law and on appeal the Third District Court could simply say PCA without any explanation. Some have written on the subject that it is because of lazy Judges that sit on the Third District Court of Appeal that over 50% of the appeals are PCA denied without reason.

Miami-Dade County has been known as the capital of judicial corruption since the F.B.I. sting of the 90's titled "Operation Court Broom" that nailed several Miami-Dade Judges who took money bribes to fix the results of cases. In Miami it means so much more to get meaningful due process and provided a reason why you lose your freedom, house, car, life savings, etc;. When justice does not work in a town full of history of corrupt Judges it gives the appearance of impropriety. A detailed account of “Operation Court Broom” and the resulting indictments and trials, including the trial of Judge Sepe, is contained in the opinion in United States v. Shenberg, 89 F.3d 1461 (11th Cir. 1996), cert. denied sub nom. Sepe v. United States, 117 S.Ct. 961 (1997). CLICK HERE to read the details of this case.

No appeals Judge in any Florida appeals court has ever been removed by the voters. We believe it takes 51% of the voters to vote "NO" for the Judge to be removed. For a list of all the current Judges on the Third District Court of Appeal with picture and biography, CLICK HERE .

Here are the names of the Judges up for retention on November 7, 2006 :

Judge Leslie B. Rothenberg - Vote Yes or No

Campaign Treasurer:

Ramon A. Abadin, Esquire.

Judge Angel A. CortiƱas - Vote Yes or No

Campaign Treasurer:

Elena Maria Almeyda

Judge Richard J. Suarez - Vote Yes or No
Campaign Treasurer:

Steve Goldston