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

Wednesday, August 09, 2006

Federal Court versus State Court.

Our favorite Federal Blogger, David O Markus is in trial North of the Border.
While we hardly expect him to stop and answer these questions in the middle of his trial, we wonder….


1) How does it feel to be given more than 2 minutes and 11 seconds for voire dire?

2) How does it feel to be able to take a sworn statement from a witness before they testify?

3) How does it feel not to have 404(b) material bandied about like it's cotton candy in the wind?

4) How does it feel to have a shot at getting the last word before the jury?

5) In summary, how does it feel to be playing on a level playing field?


We invite our wonderful readers to discuss the wonderful and varied differences between trying cases in Federal Court and State Court,




CREDIT: Did careful readers wonder who was able, at a moments notice the other day, to dig down deep in the dusty archives of Florida Bar Ethics opinions and come up with the only opinion on point, and then email it to us? Why none other than Brian Tannebaum. And for his rapid research and response , we give him a hearty thank you.



BENNETT BRUMMER BANS LAWYERS AND REMAINS SILENT: DAY 8.




See You In Court. Actually we can even see you at the PD's office, because we're not banned from there either.

43 comments:

Anonymous said...

A comment on the opinion cited by BT. What does it mean? Seriously, I'm not sure it clarifies anything.

My personal opinion remains as follows: EC-8-6 provides that criticisms motivated by reasons other than a desire to improve the legal system are not justified. This would seem to imply that parody by lawyers directed at judges is verboten. Such a prohibition would clearly violate the First Amendment...which, thanks to Flynt, apparently favors parody above all else.

Jason Grey said...

On my way back from the Reichstag today I saw campaign signs for both Patty Marino, and Don Cohen. The signs were located on Broward blvd.

Anonymous said...

JG: Not a bad campaign strategy then. Don't know where you live, but obviously people who work in Broward may live in Dade and so if people see the signs, that's what the candidates want. Sure, the numbers of those people might not be big, but maybe if those people aren't inundated with other names from Dade candidates they'll remember Patty and Don.

Rumpole said...

I sent a "private email" to the close personal friends of the Blog and Rumpole. If you want in on the contents send me your private email address. It will explain some things in detail.

blecher said...

yeah, jason, i saw the signs too after i left NOTB (north of the border) today. it was nice to see you and greico up there today.

Anonymous said...

rump, one of your ads is for a law firm who represents people accused of "indecent liberties". what is an indecent liberty?

Rumpole said...

Indecent Liberty is when ...hmm.. no smart quip is coming to us. Maybe our readers can help.

50 cent said...

Scene today:

Me: Joel, mah blogga, who da man?

Joel: Why my good fellow, you are indeed the man.

Me: Mah blogga, how can ah possibly be da man when you da man, my blogga?

Joel: Why, that question poses a quandry and a conundrum for which I am currently unable to provide a sufficient answer.

Me: you are da man, mah blogga.

Rumpole said...

An alert reader, Mr. Jason Grey, reminds everyone that complaints about this blog and our conduct should be directed to:


The Complaints Department
General Council of the Bar
289 - 293 High Holborn
London
WC1V 7HZ.

Anonymous said...

not all police officers are born to abuse their power. this training video was produced for otherwise normal cops who need to learn how to be ass holes.

amongst police departments nationwide, BSO has a reputation of producing the best training videos. sort of the steven spielberg of law enforcement

Anonymous said...

alan...are the comments moderated or not. i'm confused.

Anonymous said...

chris..just relax...sometimes the comments are moderated and sometimes they are not. Rumpole said you should send him an email with a private email address to find out what's going on. Just relax. it will be ok.

Fake Blecher said...

How come alan and chris leave me out of their precious little discussions?

Fake Ted Mastos said...

relax.. (chomp chomp...smack smack...chew chew...)

Fake Calvin Mapp said...

now...ah say ah say...just hold one here one a minute....state..what do you have to say?

Anonymous said...

see what happens when the blog is not moderated? all the fakes come out.

The real warren schwartz. believe it or not.

A robed reader said...

Rumpole, I can tell you that I am a Judge and I know that almost all of the Judges (robed readers as you call them) read your blog. Thanks for the private email explaining what's up. And keep up the good work and writing. You bring a smile to our faces every day.

Anonymous said...

whom

Anonymous said...

I know who Rumpole is. He is not from England. He is immortal. Born in the Highlands of Scotland 50 years ago, He is not alone. There are others like him, some good, some evil. For decades he has battled the forces of darkness, with holy ground his only refuge. He cannot die, unless you take his head, and with it his power. In the end there can be only one. He is Rumpole, of the Bailey.

Anonymous said...

Hi Rump, an ASA here. Your attorney friend forwarded me the emails. Going to set something up with FDLE for you.

I KNOW WHO HARDWICK IS said...

Rumpole, who is HARDWICK???

Anonymous said...

Thanks for the email Rump. Now I understand.

Riley Martin said...

Chris is a BIAVIAN. Listen to Riley Martin, only on Howard 100.

Anonymous said...

Rumpole, google hardwick and find some answers to your problems. You can also ask Judg Cohen about "Hardwick" and his mental illness.

Anonymous said...

oh qua tan zen wan

Anonymous said...

Chris, are you an alien?

Anonymous said...

No Alan, Im not.

Fake Blecher said...

INCLUDE ME PLEASE

IM NOT HARDWICK said...

Oh, now I know who "Hardwick" is. More than a mite loopy it appears.

Anonymous said...

On MTV this weekend, former Judge Alan Postman raps for charity against Vanilla Ice.

AIA, BEACHFRONT AVENUE said...

someone just mentioned vanilla ice?

Allright STOP, collaborate and listen

Anonymous said...

THAT FAKE CAL MAPP SOUNDS A LOT LIKE FOGHORN LEGHORN

Anonymous said...

Why shouldn't Cohn and Marino have signs in Broward if Armenteros Hugo Chavez can run in Dade even though she lives in Broward it's okay with me

the real blecher said...

i usually have to sit between alan and chris at lunch. i ignore them when they talk about aliens.

Anonymous said...

CAPTAIN,

Why don't Faber and Chavez have there reports on the elections web site? I have called the Dept of Elections and just get the run around. Can you Help Me Howard...uh...I mean, Captain?

herald watch said...

In their DUH! endorsements today, the Herald says we should vote for Karen Mills-Francis and Steve Leifman.

They also say, in the same regard, that tomorrow will be Saturday, and that will be followed by a day of Sunday, and 5 days of non-weekend workdays.

They accuse Steve Millan of "conducting a vigorous campaign with subdued tones of anger, bitterness, revenge or other natural human foibles."

NOTE TO HERALD: FDLE has issued a missing persons report for the campaign of Steve Millan.

Where is Waldo? I mean Steve. I haven't even seen his lapel pin. What's the over-under on how many times a day he asks himself that famous question Jay Leno asked Hugh Grant - "What were you thinking?"

The Herald notes one of the more ridiculous answers given to why someone would challenge an incumbent, when Millan answered: " she ran against a well-qualified judge herself six years ago. If a judge is doing a good job, he shouldn't have opposition."

NOTE TO STEVE: good job? no opposition? Miami-Dade? You must be thinking of the other 66 counties.

Mills Francis retorts to the Herald that "Mr. Millan himself filed against highly rated Judge Roger Silver last year before that seat was closed."

DOE! (Bart Simpson reference)

Steve, you forget about that? (unlucky for Steve the Herald didn't mention that he did that (pursuant to the "Jeff Swartz Rule of Judicial Ethics") because he heard "rumors" Silver would get the Circuit appointment.

Stevie goes on to join both feet together in his mouth by telling the Herald that "Judge Francis has ''poor'' Bar poll ratings."

The Herald notes that "In fact, the poll put Judge Francis at a respectable rating of 73.2 percent favorable responses.

Those aren't stellar bar polls, but they are not poor, Steve.

Which leads me to say, poor Steve. How can one person do and say so many bad things in such a short period of time?

AND NOW, THE SHOCKING LEIFMAN ENDORSEMENT (not really)

The Herald writes about Leifman's work on Mental Health about 28 days each month. They love his work here, and they should. Who else in this town is doing anything close?

Surely not Juan (nicknamed "no, not that Juan Gonzalez") Gonzalez.

And for those of us who "don't care" (which is most of us, and so goes the problem) we learn that "
Miami-Dade has the largest proportion of mentally ill residents of any U.S. metropolitan area.

But this is a small reason Leifman deserves the endorsement.

He deserves the endorsement because we (meaning the entire world) cannot imagine Juan (no, not that Juan Gonzalez) on the bench.

We all know that, as the Herald notes: "Judge Leifman dismissed Mr. Gonzalez after numerous complaints about Mr. Gonzalez's behavior on the bench. ''He was screaming at people, yelling that he was the holy trinity and he needed to be obeyed,'' Judge Leifman said."

We have several members of the Holy Trinity serving already, and therefore, I see no reason to add another. I was asked by a Federal Judge why a member of the Holy Trinity was running for county court judge when he would clearly fit in better over there, amongst his friends.

Gonzalez (really? not that Juan Gonzalez? raspy voice guy? LOVE THAT GUY!!!) says that "his candidacy isn't about revenge, but instead about qualifications to be judge."

He's absolutely right, and in that regard the Herald notes that "Mr. Gonzalez's personnel file has 20 letters of complaint, most of them alleging that he yelled or screamed in court or didn't listen to both sides.

Yelling or screaming in court or not listening to both sides?????? Blasphemy!

The Herald ends their endorsement with a inaccurate, false, and offensive statement. They say that "By experience and temperament, Judge Leifman is the best choice in this race. He is intelligent, thoughtful and deeply committed to helping others."

He's not the "best" choice.

He's the only choice.

For Miami-Dade County Court Group 12, The Miami Herald recommends STEVE LEIFMAN.

Rumpole said...

PRETTY FUNNY -YOU SHOULD EMIL US SO YOU CAN POST ON THE BLOG

Anonymous said...

Go Marin, Parks, and Manno.

Anonymous said...

Go Bardawil and Parks and forget about Rude Manno

Anonymous said...

GO Parks

Anonymous said...

Panda bear's signs are cute.

Anonymous said...

purple parks

Anonymous said...

MArinoculpepperpedraza,

No matter how much you try to justify yourself "anonymously", putting signs in Broward is STOOOOOOOPID! Is that your way of thinking outside the box? Please stop!