Thursday, August 17, 2006



We have been one of the biggest defenders of Judge Hernandez. A Vietnam war veteran, and a Judge who did a fine job handling a DUI calendar when he was in the REGJB. But then Hernandez had a JA start to run crazy and threaten other Judges unless they hired him to assist in their campaign.

Judge Hernandez did nothing to stop the conduct of his JA, which even if legal, was not proper conduct for an employee of a Judge. Most shockingly, Judge Hernandez remained silent in the face of serious accusations by other Judges that his Judicial Assistant made anti-semitic remarks. At the very least, Judge Hernandez should have suspended his JA and requested the SAO investigate the matter. If his JA was innocent, the matter would have been put to rest.

Once the campaign was underway, Hernandez had a run in with the election laws, and responded to the Dade Bar investigation in what the Bar said was a cavalier manner. Hernandez blamed an improper campaign ad on his treasurer and neglected to tell the bar his treasurer was his wife!

At some point in time, Judge Hernandez has burned away all the good will and respect he earned. And in our opinion he has no one to blame but himself. He could have been strong and wise enough to tell his JA to stop threatening Judge Leifman, who was Judge Hernandez’s supervisor. Judge Hernandez could have dealt squarely and directly with the Bar inquiry, but according to the Dade Bar, he did not. There comes a point in time when a person begins to wonder “what in world was he thinking?” when examining the actions of Judge Hernandez. We have reached that point.

Robin Faber is a 20 year member of the Public Defenders Office. You don’t work 20 years in that office without gaining the experience and perspective necessary for being a Judge, especially a County Court Judge. Mr. Faber has had a distinguished career as a PD as evidenced by being the recipient of the John Falikes Professionalism Award, which recognizes lawyers for integrity, demeanor and ethical behavior.

While Mr. Faber would be a fine choice in most circumstances, he is THE choice in this circumstance where we believe his opponent had acted in a manner that merits his removal from the bench.



Anonymous said...

As the first post of the day, let me proudly announce the Draft Abe Laeser for Judge in 2008 - I can't wait!

Rumpole said...

we copied this comment, which arrived this morning, but was placed under the comments section from two posts ago:

As an anonymous judge who has never responded to the Blog--which can be very funny and "right on"--before, if Dennie Murphy loses this race, watch out--I'd hate to think what the bench will look like in 10 years--will it just be a way that someone can earn a living that otherwise couldn't??!! Go Dennis and Larry!!

Rumpole said...

Thanks for reading and responding Judge. Umm.. it's almost 8:30- aren't you going to be late? (for your tee time?)

Why, oh why can't we be nice to our poor robed readers? Genetics I guess.

Anonymous said...

This was an obvious endorsement to make, Rump. There's no contest between these two. Faber is clearly the better choice for a lot of reasons.

Give us one that's tougher to call, like DelPino-Jacobi, or Garcia-Parks-Mendez.

Joel D said...

I beg your indulgence while I explain the events of the evening last.

I subscribe to the belief that when confronted with an enemy of superior force, one should endeavor to float like a Danaus plexippus with the object being to confuse and confound your opponent at which point one should sting like a Bombus hypnorum. The belief being that one’s opponents hands cannot strike or otherwise make contact with that which they cannot see. I believe one Cassius Marcellus Clay espoused these principles in a very successful pugilistic career.

It was with these principles in mind that I found myself last night confronting the most horrid of individuals, who has taken to following me everywhere I travel, asking the most inane questions and accusing me of being the author of an electronic diary of sorts.

Well, one does reach a breaking point, and every man has one. Thus it came to be that last night at a very respectable eating and drinking establishment, I was confronted with this aforementioned individual and proceeded to “put em up” as it were and BOP the offending cretin right on his proboscis causing a very severe case of "epistaxis.

A small affray erupted as one might imagine, resulting in much confusion and a bit of anarchy. When the dust settled I was left standing to receive the accolades and hearty well wishes and congratulations from a swell group of friends, while the offending mutton was hauled away to some ward with the initial D.

I think I have summarized the events of the evening last, and hope this will put to rest any further reoccurrences of a very unpleasant sort.

Your humble servt,

Joel D.

Anonymous said...

can someone translate that for us poor country folk

Rumpole said...

sure...what don't you understand?

CAPTAIN said...



Judge Lawrence Schwartz and challenger Gina Mendez are vying for this Circuit Court seat.

Judge Schwartz has out-raised his opponent 7-1 with $164,365 from 705 donors. He has added $100,100 of his own money for a total of $264,465.

Ms. Mendez has raised only $24,555 from 159 contributors. She has kicked in $62,600 of her own money for a total of $87,155.

Both candidates have spent similar amount of money.

Schwartz has spent $77,267. He has paid Robert Levy $12,500; Quantum results (aka Al Lorenzo) $44,575 and Legia Maranon $3,800.

Mendez has spent nearly as much with $73,520 doled out to several campaign consultants. She has paid Ruby Feria $4,130; Miriam Almer $1,000; Josie Poitier $1,500; WWFE La Poderosa (radio spots) $5,000; Elect Your Candidate (Federico Sarmiento) $1,000; and a company called PR Concepts over $50,000. The company has a track record of helping several candidates get elected to office including Barbara Areces, Ada Pozo-Revilla, Diane Ward, and Jaqueline Schwartz.

Is it me, or is that Victoria del Pino sign on I-95 getting bigger?

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

Anonymous said...

Mr. Rumpole. I am a partner at one of the largest civil firms in Miami. You are a riot. Perhaps 50 lawyers in our firm read your blog and email each other about it. We don't always know who the characters are, but we enjoy reading about "your little part of the world" as you call it.
Also, recently I have become addicted to the Joel D scenarios. I don't know what about them makes me laugh, but I love them. I am not sure if you or someone else is writing them, but keep up the good work.

A Civil Guy.

Anonymous said...

What Joel D was trying to say, as only he can try to say it was:

Float like a butterfly
sting like a bee
Your hands can't hit
what your eyes can't see.

(which was then usually followed up with: RUMBLE YOUNG MAN RUMPOLE!).

An Ali fan and historian.

Anonymous said...

I guess I missed all the excitment last night, since, by the time I arrived at the fundraiser, Joel had left, and I was told that he was on a plane to Colombia. Maybe he was taking flight to a venue where he could avoid extradition for his unprovoked attack.

Rumpole said...

It seems Mr. Denaro is in a canoe heading for the rocky waters known as our readers imagination.

Joel's stalker said...

"mah bloggah" can I get a bond here?

Help a bloggah out will ya?

Bond out a bloggah!

Anonymous said...

Please...who or what is a Golembe and why should it matter?

Anonymous said...

it 12:05 Noonish. Do you know where your judicial candidate is?

Some Guesses:

Patty Culpepper- leaving a ticket calendar and heading to the south dade law library to do some research.

George Alvarez. Leaving a ticket calendar and going home. His day ends when you're adjudicated and sent to traffic school.

Migna Lorens: Going out carroling.

Oh wait- Patty isn't a ticket lawyer- she's in depo with Abe Laeser.

Ivan Hernandez- working on a picture of him shaking hands with the pope.

Steve Milan- at a bitter men support group

Cecilia Armentos whatever-cleaning house for when her husband gets home.

any other ideas?

Anonymous said...

Jerry Lawler as Warren Lawler?

Donnie and Marie as John and Helen Amarantos?

Desi Arnaz as Rene Sotorrio?

Sean Connery as Eddie O?

Morgan Freeman as Gill Freeman?

Anonymous said...

rumpole you took down 12:05 what did it say

12:34 responds to 12:05 NOW i am curious

Anonymous said...

Seems according to the Miami Herald that McWhorter is now under investigation from the SAO as well as the Election Commission. Reasonably for what the Herald wrote, she has multiple violations like in the cases won by J.C. Planas.

Anonymous said...

Hey Rump:

Congrats to your blog and to The Captain.

The Herald was scooped by you guys. The bird cage liner does not mention the Injunction hearing before Judge Glazer.

Keep it up.

A Fan

Anonymous said...

12:12,,,a little angry and tense? Perhaps even jaded and scorned? And I suppose what you are doing right now is better? Typing on a blog in the middle of the day!

abe laeser said...

If nominated, I will not run. If elected, I will not serve.

I am, perhaps unfortunately, a 'one-trick pony'.

P.S. Thanks for the thoughts.

Rumpole said...

I did not take a 12:05 post down.

Rumpole said...

I did however not post a rather vicious diatribe angainst a candidate who as a defense attorney represented a police officer convicted of sexual battery of a minor. Here's why:

1) The use of the candidate's children in the post was reprehensible and in violation of the rules.

2) Any idiot knows that as criminal defense attorneys we can defend a client to the very best of our ability and win, and not in any way condone the conduct the client was accused of.

So poster, allow me to answer for the person you attacked: they would not like it if something like that happened to their children. They did their job and did it well.

Now that that is out of the way, just what submoronic cave did you crawl out of?

Anonymous said...

One thing I cannot understand is how come so many people are defending Judge McWhorter because all you hear when you are in her courtroom are complains on how rude, and disrespectful and bad she is.
It is upsetting when somenoe runs against a very good sitting judge, Like Dennis Murphy, but when someone runs against a bad judge, they should be praised, because they actually had balls (or in this case, estrogen) to do it.
McWhorter was not born into being a judge. As elected officials, they run the risk of getting opposition and staying with out a job.
I am not an attorney. I work for a lawfirm here in Miami, and i see all that happens in court.
have a good one

Anonymous said...

Hey, I've been gone from miami for about 1 year. Is Ivan Hernandez the short guy or the guy that use to be a prosecutor?

Confused said...

2:56 the answer is clear. The bloggers and legal minds in Miami would rather have a judge that is rude here and there than have a judge who was selected by Juan D'Arce because of her last name.

Patty whatshernamethisweek working with that JA is worse than a judge being rude.

I may just flip a coin on election day.

Anonymous said...

Ivan Hernandez is the short rude former New York City bus driver

Anonymous said...


Right on with the Faber endorsement. I practiced in front of Hernandez while he was in County. I tried at least a dozen cases. I found him to be a fine Judge. However, all this JA business is not good for the bennch.

Beyond that, I worked with Robin at the PD's office for about a year. He was my senior attorney. He was great at his work ethic, and training us newer lawyers. One thing is for sure, HE CARES. He absolutely has my support and is more than qualified to be a Judge.

Anonymous said...

do we vote for 3rd dca judges on sept 5 ?

Judge Rothenberg Fan said...

Judge Rothenberg
Judge Cortinas
Judge Suarez

all up for merit retention

Rumpole will you seek a NO vote on Rothenberg, rumor has it you did not sign up for the Rothenberg fan club this year.

Drunk Airline Pilots said...

We vote "no" for Judge Rothenberg!

Anonymous said...

D'ARCE is not working with Patti. If you look at the reports there is no money paid out to him.
I personally think it would not be smart to work with D'arce, with all the stuff that is going on. Don't you think?
I don't think he has the political pull he claims he has. He is only a grain of sand in middle of the atlantic ocean.

Jack Dawson said...

is it at all telling that rumpole's photo atop the "Vacation" post is the RMS TITANIC?

Jason Grey said...

I had a trial this week north of the border and have a couple of thoughts to share.
Circuit Court Judge Jeffery Levenson was both cordial and polite, even though he knew I was a “Miami” lawyer. Judge Levenson allowed me to question the jury without a single interruption from the bench. Can’t see how one could ask for any more than that.

What really intrigued me was the way the Judge selected the jury. Judge Levenson (a former AUSA) had the juror’s names and juror numbers written on index cards. The judge had the clerk shuffle the cards and select a juror at random. For instance card number 1 was juror number 15 on the seating chart. The judge then asked first the state, then the defense if they accept or strike. The process was then repeated with each juror coming up in random order from the deck. The Judge told me He does it this way so that each juror is accepted or rejected on his/her own merits. It worked like a charm; we easily seated a panel out of only 24 prospective jurors. The system took the gamesmanship out of the process. No striking # 4 who was ok, to get at #5 who was great, only to have the state strike #5 etc. You can’t strike an ok juror because you never know who is next. I hope some of our judges see this and give it a shot it really seems to save time, and jurors.

Anonymous said...

Chevy Chase circa vacation played by Alan Greenstein

Anonymous said...

Juan is actually very nice. He got a bad rap.

Anonymous said...

If only someone could run against Rothenberg at the DCA.

Anonymous said...

I also had a trial before Judge Levenson about a year ago when he was in county court but doing circuit cases. He could not have been nicer or more polite to me or my client.

Phil R.

Anonymous said...

You should let off on Juan Darce. He is a nice kid who was allowed to open a political consulting company by Hernandez and Farina. Four years later, people start complaining when Leifmans job is at stake yet once again.

Give it up.

Anonymous said...

Rothenberg (R)is there to stay. The Republicans courted her to run against Kathy F-R (D) 2 years ago, with the promise that if/when she lost, she would then be appointed to the 3rd DCA when there was an opening. Buah kept his promise.

Anonymous said...

You got that straight.

Anonymous said...

This is Rocky Raccoon. I am a volunteer for Cathy Parks. I just put up a lot her signs last week with a great deal of time, labor and effort. She told me to look at this site, and I am shocked at what you guys say and do. I will tell you that most of the signs that I put up for her are now down. What gives? What type of judicial race is this anyway?

Anonymous said...

its the kind of race where people take signs down

Anonymous said...

that would be the John Balikes award not the John Falikes aware

Anonymous said...

Purple Parks! Purple rain! My guess the rain brought them down. Who knows and who cares! Just put them back up. Like if really, people from the blog would not do something like that. Get a life and get more purple signs and play the song purple rain, may be this way the sign will stay up, and sonny will burn it and purple rain will defend her purple park signs. So don't come point your finger at the bloggers! Suggestion, put the sign up and become a watch dog until you get the person.

Anonymous said...

Update on Judge Faber....this guy may have been a good public defender, but he is a horrible civil judge. Either he doesn't know evidence or he is clearly biased. Most frustratingly, when asked to clarify his rulings, he only says, "I've ruled". That is the sign of a someone who really doesn't know what they are doing. I guess the reversals will tell all. They will flow like the colorado river. Get Faber in criminal court where he belongs..