Tuesday, December 12, 2006

NEW DEPOSITION PROCEDURES

THIS JUST IN FROM BATMAN:
Rumpy,
Nicloe Richie was arrested for DUI last night. Is B. Reiff on his way.
It is amazing what happens in the dark alleys of the city


The Dade County State Attorneys Office has a new procedure to schedule depositions at their office. In our continuing request to be of public service, we gladly assist in explaining the new procedures:

Here is an outline of their memo:


SO YOU WANT TO SCHEDULE A DEPO, HUH?

1) Please sign the enclosed waiver in which you consent to the prosecution seeking the statutory maximum in this and every other case you have or will ever handle.

2) You must reserve a room. Please feel free to use the State’s efficient staff by calling our office:

“Hello State attorneys Office”

“Hi..I’d like…

“Please hold.”

[ten minutes elapse]

‘click’

“If you’d like to make a call please hang up and dial the number.”


“Hello state attorneys office please hold.” (Click).

“If you’d like to make a call, please hang up and check the number and dial again.”

“Hello state attorneys office how can I help you?”

“I’d like to schedule a deposition room.”

“Sure I can help you. What division is the case in?”

“Ahh..umm..Judge Murphy’s.”

Please hold….. Judge Diaz’s division How can I help you?”

“Umm… I was holding to set a deposition in Judge Murphy’s division.”

“Well you called Judge Diaz’s division.”

“No I was transferred.”

“OK. Please hold.”
[Click]


“If you’d like to make a call please hang up and check the number. If the number is 305-547-0100, you have better chance of winning the lottery than getting through to a person who can help you.”


3. In the unlikely event you are actually able to reach the correct person and schedule the deposition, please be advised that:


i) it is against our policy for any witness to show for the first three times the deposition is set;


ii) (If that is not enough to get you to give up) all officers and detectives will not bring any reports to the deposition;

iii) Most addresses for civilian witnesses that we provide are not correct. We will not be able to locate any civilian witness until the day of trial.


4.) You can elect to take the pages per month plea offer- the length of the deposition will determine the plea offer. Otherwise the deposition room will be set for 5 minutes per witness. Our motto is that if you can’t figure out your case in the first five minutes you’re screwed anyway, so why bother?


Rumpole cannot tell you how happy we are that the State is getting serious and scheduling deposition rooms.

In all seriousness the memo does state that the length of time for each room is dependent upon the number of witnesses scheduled. That leads us to this question:

Isn’t there a difference between the lead detective on a three defendant murder case, and a police office who just put up crime scene tape?
Shouldn’t the defense have some say in how long the deposition is for?

See You In Court.


Rumpole eats some crow:

Within the last week we actually had this conversation with a JA for a Judge in Broward:

Us: “We’d like to get a court date for a motion for continuance.”

JA: “No need. Just send a motion, waive speedy trial, and state in the motion if the state agrees. The Judge has no problem doing this without making attorneys come to court.”

US: “Is this Judge “x” in BROWARD county?”

Hmm. Handling continuances by motion with no court appearance? They may be on to something up there.



A few pieces of mail we need to answer:


RumpoleWhy not even a mwention of Friday's Herald Editorial Praising Bennent Brummeer & the Dade PDs? If Bennet is responsible for all the bad things in the office, AS THE Gabites Say, Isn't He Responsible for ALL THE GOOD THINGS , ALSO.
David Sisselman

Mr. S: Well said, and a fair point. Our defense: We did not read the Herald on Friday. However, we intend to pull the editorial and comment on it by tomorrow.


Anonymous said...
I am starting to think Rumpole is batting for the other team. Not that it matters.


Rumpole responds: Why do you think that? Are you asking us out on a date?

Anonymous said:
rumpole: interesting that you don't delete homophobic posts or denigrating the homeless but say something true about a judge and as o.j. would say "Lookout".

Rumpole responds: We did remove the post. Not when it went up last night, but this morning. We plead guilty to crashing a christmas party for the free food and liquor last night, and not checking the blog until this morning. Our responsibility to the blog weighs heavy upon us. But we shall not let it interfere with our number one priority: freeloading.






41 comments:

Anonymous said...

I filed a motion for continuance in a broward felony and a waiver of speedy trial - GRANTED without a hearing.

Anonymous said...

Forget Reiff, NICOLE HIRES THE Q.

FEAR THE Q
RESPECT THE Q
CLOSE YOUR EYES.....


become the Q

Anonymous said...

No way Q. Its Nicole RitchEEEE.

E is the man for this case.

Rumpole said...

Sorry Guys, Ritche was arrested in California.

Anonymous said...

I hate batman. Captain, can you do something about him?

Even Steven said...

Seen around:

Soon to be Judge Faber hurrying from court talking about his upcoming assignment;
Soon to be Judge Mariono-Culpepper expounding on how there are too many defense continuances given out;
Soon to be Judge Don Cohen, chuckling at it all.

Anonymous said...

This blog has Scott Fingerhut's fingerprints all over it. Thats what I think.

Anonymous said...

The law offices of Scott Hidnert & associates is proud to announce that Judge Ivan Hernandez will be joining the office on January 3, 2007. Judge Hernandez will be handling all litigation regarding speeding, speeding in a school zone, failure to yield, failure to stop, and running a red light.
Judge Hernandez, the author of such treatises as “Speeding defense and you”; “Radar, Vascar, harhardehar” and “ Awarding Attorneys Fees…don’t let this happen to you –A Primer for Judges.” will be joined by his faithful aide de camp, Juan D’Arce, who will run the copier, the coffee machine, and keep the refrigerator stocked.

The Firm will be known as Hidnert and Honorable Associates, PA.

Anonymous said...

Somebody already said they had the good on Fingerhut, saw him on the computer writing the blog- I thought it was now a known fact- unless he erases this post.

Anonymous said...

That Hernandez/Hidnert stuff- funny funny funny. But nobody will be laughing when he is a member of the Bench of the Southern District Of Florida. So there!

Anonymous said...

stop smoking crack.........

Anonymous said...

i doubt ANYBODY got close enough to fingerhut to see what and if he was blogging....HA!

Anonymous said...

Has anyone been in front of Judge J.Scola lately? If she is not the nastiest Judge in Miami-Dade County, I would like to know who is.

Anonymous said...

If she is not the nastiest, she's damn close.

Rumpole said...

We allow comments on Judicial temperment. However, it usually helps to have it followed by specifics without the vitrolic hyperbole. (those last two words work well together, don't they?)

Anonymous said...

right, such as "Judge S is nasty because she denied my motion," or "Judge S is nasty because she wouldnt give my guy CTS."

like that

Anonymous said...

Batman says:

I only defend against unfair and unwarranted criticism not supported by fact. Therefore no defense of Judges Scola (note the use of the plural) will be forthcoming on the nastiness issue, although I hardly believe they are the nastiest. That label belongs to a few select others.

As Rumpole rightfullly reminded me in a recent email (about another judge whose name need not be discussed here), the question is whether you can trust that judge to do the right thing once you get past the "initial BS". We disagreed on that particular judge.

In your case you must examine the results and measure whether in the end it was worth the less than pleasureable experience. We all have our sensibilities. We do not like being treated badly or rudely. Consider the source and move on. Everybody's day comes.

Anonymous said...

I enjoyed the 'where are they now?' lists. How about a list of those who went to jail, or became mentally ill? Lots of stories in the justice building.

Anonymous said...

Batman, your 15 minutes are way up. You are unintelligible and annoying. quick - to the batcave.

Rumpole said...

Let me say this on Judge Scola: I think she has a lot of integrity. I think she will do the right thing at the end of the day. I think she has a style that may grate on some people to the extent that at times she seems to relish catching a defendant who messed up. Her extemporaneous comments to defendants held on PVH's for example probably do not serve her well. But would she punish someone because she could whether or not they deserved it? I say no way. And at the end of the day, that's what I'm looking for in a judge. The wisdom to know when to pull the trigger and when not to pull the trigger on prison.

Contrast that with Judge Sloop as described on the main page. There are judges who relish putting people in prison. There is one Judge, a former defense attorney, who is outspoken in the pleasure he gets from sentencing people. He should know better. But I do not put Judge Scola anywhere near that category. I am sure many people appreciate the way she runs her courtroom, but I am also not surprised if she has her critics. At least you know where you stand with her.

Rumpole said...

Anonymous said...
I enjoyed the 'where are they now?' lists. How about a list of those who went to jail, or became mentally ill? Lots of stories in the justice building.

Courtbroom wise, I believe only former Judge Shenberg is still in the can. Someone wrote in a while ago saying they saw Gelber in the hallways skulking around.

Mental illness is a tougher call, as can be seen by those still around. However, there are stories of lawyers walking out in the middle of trials and never coming back. We know we have readers who can write in about that. Have at it.

Anonymous said...

Where is Larry Sparks?

Anonymous said...

Larry Sparks is back practicing law. If you ever have 10 minutes, have some coffee with him. You'll learn a lot about the hell (whether self imposed or not) that some lawyers go through in their lives.

Anonymous said...

Absolute proof that bar sanctions mean nothing -- Crazy Larry Sparks is again allowed to practice law. Would you care to have your Mom be his client?

Anonymous said...

SAD BREAKING NEWS

ELLIS RUBIN HAS PASSED AWAY

Our thoughts and prayers are with his family

Anonymous said...

Rest in peace Ellis Rubin...

Anonymous said...

Are there reporters and news stations in the after life?

Anonymous said...

J. Scola was the worst as a prosecutor and is even worse as a Judge. She has no business being on the bench. Mean and not smart. The worst combination. Rump, you are way off on this.

Anonymous said...

Anonymous said...
to 4:31

Chavies is making buko bucks as a partner at a major downtown Miami law firm; and Colby has made so much money he doesn't even know what to do with it - he has homes in California and Florida.

Monday, December 11, 2006 11:29:58 PM


Anonymous said...
to 11:29pm...Chavies and Colby knew when to leave the bench and went out and made a ton. Chavies is so well respected by the big firms and Colby made multi millions just in the last week with a $91 million (collected already) verdict against Cuba! Smart move. Scola next to leave to a civil firm for $$$ and drive a Bentley?

Tuesday, December 12, 2006 1:19:14 AM

Anonymous said...

Take it from the ASAs who have been in her courtroom, she is just as nasty and abrasive to them. They take a daily beating from the DC on down....

Anonymous said...

Batman says:

I just could not sleep over the comment made at 5:26. So here I am in the middle of the night on the Blog. Then it came to me:

To 5:26 - I'm sorry Bobby, did I hurt your feelings.

Now I can go to sleep.

Anonymous said...

uh, batman, there is no comment at 5:25. There IS one at 5:26 which I wrote. Don't you know that guessing who wrote something is always a failed venture? I wrote it, and I'm not Bobby, now stop laying awake at 2 am thinking about how you are going to pay your rent.

Anonymous said...

Someone wrote teh following: "the question is whether you can trust that judge to do the right thing once you get past the "initial BS"." Nonsense, teh issue is whether the judge can follow the law. What is teh "right" thing? Does that mean what a particular side might want. What we should require, and expect, of judges is taht they fairly apply the law. JUDGES SCOLA DO THAT, SO IF YOU LOST A MOTION OR THE JUDGE DISAGREED WITH YOU DO NOT WHINE ON THIS BLOG WITH UNSUBSTATIATED WHINING1

Anonymous said...

Worst part about Judge Scola is how she calls 20 freaking cases before she will address the 10 private attorneys standing in line at the podium. That courtroom is a mess.
Has any attorney (ASAs or privates) said, "I have to handle a case in Scola real quick. I'll be right back."
we need Judge Pineiro to handle the intervention.

Jason Grey said...

Whenever I go in to Judge J. Scola's courtroom it turns in to an instant fight, not with the state, but with the Judge. She is very adversarial toward me no matter what the issue. She responds to me as if I am always trying to somehow trick her. I also think she just hates me, but I can't remember doing anything to make her dislike me so much. (I may well have done something, I just can’t remember what)

Anonymous said...

I have had 2 life felony appointments before J.Scola-cap.sex.batt. and armed drug trafficking. both cases she treated me worse than any other judge and i have handled over 100 life felony appointments. it is nice to hear it wasn't me. it is tough going through life as an ugly bitch- we need to show compassion and mercy- or her husband needs to go down on her to steal a line from Scent of a Woman w al pacino. hoooah.

Anonymous said...

Back to the new State Depo procedures - what exactly was wrong
with the old procedures? I never had any problems. You just mailed the Notice of Depo to the Defense
Depo window and when you showed up
they had you in their book and would assign a room to you.

Mr. Laeser please explain.

Anonymous said...

I hate nasty judges. Its been awhile since I've been done to the miami courthouse but where is Judge Echarte? He used to be nasty and bitter too. Have things changed with him? Towards the end, Judge Margolius wasn't so nice either.

Anonymous said...

Echarte is NOT a nasty judge. He's actually a great guy and a hell of a good judge. He does not, however, suffer fools. If you treat him with respect and handle your case professionally, he'll treat you the same way.

abe laeser said...

I am a one-trick-pony, just doing my cases. I no longer go to the meetings when such important matters as deposition scheduling are discussed. I schedule my own, which take place in my office. Sorry I could not enlighten you.

Now if I became the Boss...

Do not worry, I am without any such ambitions.

Anonymous said...

We need to all practice civil law.
Lawyers Scott Leeds and former Judge Jon Colby just got another $400 million verdict and they just collected $91 million last week from the verdict against Cuba! Forget criminal law Phil...or whoever you are!