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

Monday, September 25, 2006

PARKS v. TINKLER-MENDEZ

Lots of sniping on the blog between anonymous individuals portending to be the supporters of these two candidates.

Ms. Parks is embroiled in her second run-off in as many campaigns for circuit court. We admire her tenacity. Ms. Parks brings a solid and well rounded resume to her quest for the bench, including time as a nurse. A diverse background is a valuable asset to a conscientious jurist.

Ms. Tinkler-Mendez is well known to the denizens of the REGJB, as she has spent almost her entire career in criminal defense, working with some of the very best attorneys we have in this town. Were she to win this run-off, the bench would gain a very capable and experienced jurist.

Perhaps it’s time for the sniping to stop and the candidates to speak? We invite both to send us an email which, according to our policy, will go up un-edited, with the understanding that about two pages of written material is all a good post should have.

OK. Have at it.

And while you’re at it, call off the dogs in the comments section.


What can go wrong with the wrong judge on the bench?
Glad you asked.


The NY Times, in an article reported today on the abuses of small state courts in New York, where many judges did not even complete high school.

Here are some of the highlights:

While hearing a request for a restraining order:

The justice, Donald R. Roberts, a former state trooper with a high school diploma, not only refused, according to state officials, but later told the court clerk, “Every woman needs a good pounding every now and then.”

During a hearing involving a fight in a bar:

A black soldier charged in a bar fight near Fort Drum became alarmed when his accuser described him in court as “that colored man.” But the village justice, Charles A. Pennington, a boat hauler and a high school graduate, denied his objections and later convicted him. “You know,” the justice said, “I could understand if he would have called you a Negro, or he had called you a nigger.”


And finally, speaking for frustrated judges everywhere:

Several people in the small town of Dannemora were intimidated by their longtime justice, Thomas R. Buckley, a phone-company repairman who cursed at defendants and jailed them without bail or a trial, state disciplinary officials found. Feuding with a neighbor over her dog’s running loose, he threatened to jail her and ordered the dog killed.
“I just follow my own common sense,” Mr. Buckley, in an interview, said of his 13 years on the bench. “And the hell with the law.”


See You In Court.

27 comments:

Anonymous said...

What the heck is wrong with being a boat hauler? Elitist.

s/ Dirty Fisherman

Anonymous said...

notice how gas prices are plunging as the mid-term elections approach? watch as they start to rise again the day after the elections.

Anonymous said...

what is wrong with being a high school graduate? For each one of these comments, you can find ten just as bad coming from a JD.

Rumpole said...

Blame the NY Times not me.

Anonymous said...

Blame Cotsin not Nick Sabin

Anonymous said...

hey dirty fisherman, nice to meet ya!

/s/ Dirty Sanchez

Anonymous said...

Seen that old tricky guy Mishkin has put together a team of lawyers to do closings for that idiot who advertises on the radio. Making a ton of money.

Anonymous said...

Alan, I fear tough times are ahead. Our act is going stale. What should we do?

Anonymous said...

que manera de comer mierda

Anonymous said...

your act is getting old. put a tent over it and take it on the road.

Anonymous said...

1:19... Nothing wrong with being a HS graduate. I am one, ya know.

Anonymous said...

Chris, it should be no surprise that today is the day that Jerry Lewis and Dean Martin formally announced the end of their act. What does that say for us?

Anonymous said...

why this blog has started to suck:
1. Migna and her stupid song
2. The Chris and Allen posts.
3. Tinkler Mendez and Parks get top fold press.
4. People fighting about naming a jury room after that sweet old pizza loving Judge Crespo(rip) and,
5. it has been taken over by a bunch of traffic hacks.
I miss the old days when the blog was filled with personal attacks, sex, law suits, and turd loxs.

CAPTAIN said...
This comment has been removed by a blog administrator.
CAPTAIN said...

THE CAPTAIN REPORTS:

I was very taken aback at not being invited to the annual Constitutional Day Party held by Milton Hirsch.

As reported in the Miami Herald this weekend:

"Pocket Constitutions, enlarged pages of the U.S. Constitution and a custom Constitution cake were the main attraction. Unusual props for your typical office party, perhaps, but not when everybody is celebrating Sept. 17, 1787 -- the signing of the Constitution.

Hirsch said he hosts a Constitution Day party, rather than a Christmas party, out of concern that too many people don't celebrate this prominent day in U.S. history.

Our own Judge Stanford Blake had this to say about the party:

"I believe in two things -- good food and the Constitution," said Blake, with a smile.

Well, maybe next year .....

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

Anonymous said...

This blog couldn't be more boring. It definitely has seen better days. I always wondered what the hell we'd talk about once the elections were over. That Dolphin poem the other day was the death of the blog. Sorry Rumpy but it sucks.

CAPTAIN said...

THE CAPTAIN REPORTS:

While Milt, Stan and friends were celebrating the Constitution down South, farther North, in Tallahassee, this was taking place at the Fla. Sup. Court:

"A judge who repeatedly viewed pornography on the computer in his chambers apologized Friday after receiving a public reprimand from the Florida Supreme Court for violating judicial ethics."

"Circuit Judge Brandt C. Downey III of Clearwater told the high court he was "sorry" after Chief Justice R. Fred Lewis called his conduct "truly shocking" and an embarrassment to his friends, his family, the judiciary and the citizens of Florida."

Included in the public reprimand was an agreement by the judge that he not seek re-election.

"Lewis called the high court's acceptance of the agreement "almost a deal with the devil" because Downey will be allowed to stay on the bench until his term ends. During that time, though, his computer use will be restricted."

Apparently the Judge was just too addicted to these porn sites:

"Lewis also said court personnel were exposed to the pornography on his computer and he kept accessing the sites even after technicians had warned him they contained viruses that could infect the entire courthouse computer system."

and so goes another day in our great system of justice ......

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

Anonymous said...

Who cares of a judge looks at porno in his chambers.

If it was illegal porno, like kid stuff, then yes, I care.

The Florida Supreme Court has been too weak on judicial disipline.

Anonymous said...

what were the sites?

Anonymous said...

bring back fake brummer with him asleep in his car.

Anonymous said...

Oh man, this blog has jumped the shark!

thetruth said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

who is with the say "NO" to Judge Leslie Rothenberg retention .

Lets get a say no to "Hate" and remove Judge Leslie Rothenberg from the Third DCA on November 7th, 2006, bring back the fourth and fifth amendment to the constitution and VOTE "NO" for the retention of Judge Leslie Rothenberg .

save miami now said...

who is with the say "NO" to Judge Leslie Rothenberg retention .

Lets get a say no to "Hate" and remove Judge Leslie Rothenberg from the Third DCA on November 7th, 2006, bring back the fourth and fifth amendment to the constitution and VOTE "NO" for the retention of Judge Leslie Rothenberg .

Anonymous said...

ANSTEAD, J., dissenting.
In view of the number and seriousness of the assertions of misconduct
involved herein, I conclude that there is a substantial question as to whether this
judge is presently fit to serve as a judge in Florida’s justice system. Accordingly, I
would reject the proposed stipulation and remand to the JQC for further
proceedings.
PARIENTE, J., concurs.

SEE FLA SUPREME CASE #No. SC05-851
OPINION FILED September 7, 2006

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

Anonymous said...

This blog couldn't be more boring. It definitely has seen better days. I always wondered what the hell we'd talk about once the elections were over. That Dolphin poem the other day was the death of the blog. Sorry Rumpy but it sucks.

Monday, September 25, 2006 5:09:14 PM


...........For real, name one!