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

Tuesday, January 16, 2007

FAVOURITE BOOKS/FAVOURITE AUTHORS




Rumpole's favourite authors, in no particular order:

Ayn Rand; John Steinbeck; Stephen King; William Manchester; John Irving; E.M. Forester; C.S. Forester (Horatio Hornblower novels) ; Robert Caro; Gabriel García Márquez; Tom Wolfe; William Shakespeare; Henry David Thoreau.

Rumpole's Favourite Books, in no particular order:

To Kill a Mockingbird; Grapes of Wrath; The Fountainhead;
A World Lit Only By Fire; 1984; Slaughterhouse 5; Farenheit 451;
Widow for a Year; Of Mice and Men; Catcher in the Rye;
Old Man and the Sea (and its the only Heningway book I can tolerate); Dune; Travels With Charley; Crime and Punishment; Lord Of The Flies;
A Passage to India; The Right Stuff; Romeo and Juliet; Henry VIII; Merchant of Venice; Don Quixote;

I'm sure I've missed a bunch- this is just off the top of my head.

JA POLITICS

A post in the Comments section yesterday states that the Florida Supreme Court has opined that the Code Of Judicial Conduct (article One, section One: Never reach for the cheque). does NOT apply to Judicial Assistants. Recall the Judge Hernandez controversy with his JA running campaigns against other Judges. Seems to us that even if the Code Of Conduct does not apply, Judges might not want their JA running campaigns against the Administrative Judge who is their boss.


NORTH OF THE BORDER REPORT

Speaking of Judges, whispers North of the Border about a Circuit Court Judge who took a defendant into custody for missing court . However, before the case was called the bailiff had the client and the PD step outside to discuss the case. When the PD came back into the courtroom and tried to explain, the Judge, clearly mistaking the PD for a lawyer from Dade, would not listen to the explanation.

Broward PD's talking about a JQC complaint. Anybody have more info?

See You In Court: we're the one's reading Farenheit 451

47 comments:

Anonymous said...

Who was the Judge?

Anonymous said...

what next? your list of favorite anal lubricants?

Anonymous said...

MY FAVORITE BOOKS BY RUMPOLE: 1. Whiny momma's boy; the life of a jewish pseudo-intellectual lawyer. 2. Gossip for Dummies. 3. Character assasination techniques for men with small penises and no interest in women or athletics.

Rumpole said...

Those last two comments: Boy have I been put in my place! You people (or was it one person? )- my word are you good. I bet- now this is just a guess-based on your insightful post, wonderful use of language, general brilliance, etc., I bet you are the top attorney in your field. You are successful, have accomplished things well beyond the magnitude of some crummy little blog 600 people a day read- I bet you're so financially successful, that at this young age you are in semi-retirement, and just happened across this blog and decided to dazzle us with your superior intellect and overall brilliance.

It's either that- or you are a two bit loser with nothing better to do, no accomplishments to your name, no ability to offer a comment that is either funny or insightful.

Hmmm…which one is it?

Anonymous said...

CAPTAIN said...
THE CAPTAIN REPORTS:

Rump, the Judge is Ilona Holmes, former ASA from Dade County, former AUSA from the Southern District, and presently a criminal court felony judge in Broward.

I, for one, have nothing but good things to say about Judge Holmes, having appeared in front of her several times. I have been very successful for my clients and their cases.

It does trouble me that she refused to let the APD get two words in to explain that he was ordered out of the courtroom with his client and into the hallway to discuss a matter with the client.

It appears that the client, Clarence Gordon, and the APD, Faisal Afzal, were ordered into the hall by a bailiff to discuss Gordon's case. The charge was possession of cocaine.

Gordon missed his case call and J/Holmes issues a Capias. Afzal tried to explain but Holmes wanted to hear nothing from the APD. Instead, she ordered Gordon taken into custody. He was not released until 9:00 pm that evening, spending about eight hours in jail.

It is a shame, because Judge Holmes is one of those judges that will give you as much time as you want and need to present a mitigation case before sentencing on those type of cases that need a good ear from a judge willing to go below the guidelines and come up with "creative sentencing alternatives". I have always found her ready to listen.

She is a very smart judge who is always prepared and knows the rules and the law. She can be found citing chapter and verse from the bench on a regular basis.

The PD, Finkelstein, who will decide whether to file a JQC Complaint, apparently has been having other problems with the judge and his APD's in her courtroom. (Including, the length of time it took for cases to be heard on Holmes' docket, the bailiffs in her courtroom were rude and abusive to the PD's lawyers and their clients, Holmes' JA has repeatedly misplaced or lost motions to continue, etc.).

It seems that the best way to have handled this, especially with a judge that usually is favorable and open to defense arguments, would have been to privately meet with her to discuss these issues.

But, according to Finkelstein, he did try to meet with her on several occasions, apparently to no avail.

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

Rumpole said...

Cap- sorry- but I deleted your post and then re-posted it, just so my comments are read in context with the genuis who posted before me.

old guy said...

My favorite book is 1984, and every day in the REG-MJB is my personal Room # 101.

Anonymous said...

Thank you, Winston Smith.

Anonymous said...

Batman says:

I repeat my prior post:

You are correct. However if you read the Code of Judical Conduct and the opinions more carefully, a judge is responsible for his judicial staff and all acts done by those persons which may reflect upon the impartiality or dignity of the court. In addition Judges are not permitted to endorse judicial candidates and the actions of a JA may reflect to the public that judges position on that candidate or judge.

The more important issue is whether D'Arce abused his position with the judge to further his own political ends and whether knowing that the judge permitted that conduct to continue.

That should answer the question more fully.

Tuesday, January 16, 2007 12:58:55 PM

Phil R said...

Judge Holmes was my trial partner in Dade at the State Attorneys Office more years ago than I care to count. I would be surprised if she did anything wrong.

In another topic: Can the guys who ran the "sting" against me, to prove I am Rumpole please confirm that I was at Frank Girvaria's house playing cards when Rumpole posted, and further state that since I had no idea of the "sting" there was no way I could arrange for someone else to post for me to cover my tracks? Lawyers in Broward are now whispering to me that its OK, my secret is safe with them, and it's really irritating.

Anonymous said...

no worries, your secret is safe with us as well.

arobedone said...

Judge Holmes appears to have made a mistake in this case, but based on my experience with her, it was an isolated example. She is a superior judge.

Rumps, how could you leave out A Prayer for Owen Meany and Cider House Rules when listing Irving's work? For shame.

Anonymous said...

Which of Rumpole's favourite authors said " if shit were gold the poor would be born without assholes?"

Rumpole said...

Those are not my favourites of his- Widow for a year- a superior novel- one of the 10-20 best pieces of american fiction in the last 10-15 years in my humble opinion.

Anonymous said...

Are there any updates regarding the Gabriel Martin investigation?

Anonymous said...

phil r.; when was the sting and when did Rumpole post and why can't someone from Gaviria's poker party post and prove

Anonymous said...

Update on Martin: it's still under investigation and I can't talk about it

Phil R said...

The sting was, I believe in December. Frank Givaria, and PD Todd Michaels were involved. Todd was the one who busted out early, made a big show in front of me in borrowing Frank's laptop to "play poker on line" and then came in about ten minutes later telling me how disappointed he was because Rumpole was on line discussing the Thursday Night football game, and of course, I was not at a computer. So really Todd Michaels is the one to verify this.

I AM INNOCENT!!

even steven said...

I can report, sort of, that based on my superior knowledge of mathematics, including an advanced degree in statistics, that I have decoded several of Rumpole's clues using an on line number cruncher to break some of the number codes, and it has led me- I cannot discuss how- to several websites-the far reaching conspiracy of this is amazing- in which several people are listed as NOT being Rumpole. Indeed, Mr. R is one of the people listed as NOT being Rumpole.

Mr. Missouri said...

Prove it-show me.

Anonymous said...

THERE'S A NEW JUDGE SCHOOL? What? I didn't know. Oh, my God, did they really learn anything while they were there besides how to deny motions without researching? Or maybe they learned how to abuse defendants and defense lawyers and kiss State Attorney's ass. Gee, I wonder if some of them can benefit from Anger Control Management? Judge Scola certainly could use the full session. Did Judge Adrien attend that class? Why is he so stupid then? Oh, I forget. they're all above learning. Wait till election day. Ohhhhhh, I can't wait.

Anonymous said...

the jqc ia not bound by the ethics panel of which Leslie Rothenberg is a member:

excuse me!!!

The Committee and its operational guidelines were established in Petition of the Committee on Standards of Conduct forJudges, 327 So.2d 5 (Fla. 1976), to wit:


"The Committee shall render advisory opinions to inquiring judges relating to the propriety of contemplated judicial and non-judicial conduct, but all opinions shall be advisory in nature only. No opinion shall bind the Judicial Qualifications Commission in any proceeding properly before that body. An opinion of the Committee may, however, in the discretion of the Commission, be considered as evidence of a good faith effort to comply with the Code of Judicial Conduct; provided that no opinion issued to one judge or justice shall be authority for the conduct, or evidence of good faith, of another judge or justice unless the underlying facts are identical. All opinions rendered by the Committee shall be in writing, and a copy of each opinion, together with the request therefor, shall be filed with the Clerk of the Supreme Court and with the chairman of the Judicial Qualifications Commission. All references to the name of the requesting judge shall be be deleted."

On September 4, 1997, the Supreme Court of Florida approved a request made by the Committee on Standards of Conduct Governing Judges. By Order 90,133 , the committee is now renamed as the Judicial Ethics Advisory Committee.

----------------

This means that the JQC is not bound by what the ethis board hoots about

Also note Juan was under investigation for doing the politics in Judge Hernandez chambers and since Juan is such a gossip magnet with all the clerks at the SDJC I am sure that KFR had insiders getting her info and knew what she was doing.

Anonymous said...

I like that:

"No opinion shall bind the Judicial Qualifications Commission in any proceeding properly before that body"

Anonymous said...

Sorry to spoil your love fest for Judge Homles but, I have found her to be a jerk.

Anonymous said...

Horace, you also left out Irving's "Setting Free the Bears." And all of Updike's Rabbit novels. And Toni Morrison's "Tar Baby" is one of the best novels the Nobel-winner ever wrote.

Anonymous said...

Batman says:

The committee is now known as the Florida Supreme Court Judicial Ethics Advisory Committee. Although its opinions are not binding on the JQC the Supreme Court has stated that asking for an opinoon and following what the opinion says will be taken as "good faith" on the part of athe judge. In other words it will overrule the JQC if discipline is recommended when a judge follows the opinion. As a practical matter JQC has never acted against a judge in those instances.

Ghost of Rumpole said...

Name a town in Russia. Then travel to the opposite side of the globe to find the precise place from which one must dig to dig a hole to China. Then you'll know who Rumpole is and is not. And it won't be Phil.

And even steven will still be clueless.

Anonymous said...

batman; answer me this why is the JQC taking close to three months to decide on the JQC complaint against Leslie Rothenberg?

Why not just dismiss it?

Anonymous said...

William "Bill" Ferguson was a lawyer and businessman with deep roots in the Opa-Locka area.

Besides having a law practice he also owned a beauty salon and other
businesses in the neighborhood in
which he lived.

Bill helped out young attorneys when they were starting their careers by lending an ear and even
by employing some.

Bill always had a smile on his face and was a pleasure to see in
the Justice building.

Ofcourse he was a role model for
many African-Americans. A black man with his own businesses and
law practice in the community. But he was also a role model for those who wish to pursue a career in
law later in life. (I believe he went to law school later than most
ASA's at least)

Bottomline is Bill deserves some
acknowledgment on this blog.
Rump/Captain where are you? Or did
you simply post the MLK piece for
political correctness?

Anonymous said...

Rump politically correct, thats a good one.

Judge Roberto M. Pineiro said...

Favorite Authors: (inpo) Dan Simmons, Mark Twain, Hienryk Sienkiewicz, Isaac Azimov, Bernard Cornwell, Shakespeare, John Mortimer, Dashiel Hammett, Edgar Allen Poe, Ken Follett, Douglas Adams.

Favorite Books: I Claudius, The Bull from the Sea, Richard III, Hyperion, Foundation series, The Trial, Pillars of the Earth, An Instance of the Fingerpost, The Cypresses Believe in God.

I was away for a few days and only recently heard about Bill Ferguson. He was not just a really good lawyer, but a really good guy as well. Always did well for his clients and never let his ego get in the way. When and where are the services?

Wanlaw said...

I was there at Frank's house for poker, and can confirm beyond and to the exclusion of any reasonable doubt that Phil R. was there the whole night, or, at least until I drowned on the river and left. As to whether somebody blogged in his stead that night, and his presence at the game was an intricate and well planned out false alibi, I cannot say.

Anonymous said...

To rumpole: 255 says you almost got it right, have long list of accomplishments and hate your blog and its character assasination and I get great satisfaction out of criticizing you and messing with you because you are an a s s h o l e and you know it and that is why you are anonymous. You work in unison with a least 5 others, one person could not have all the gossip you have and insight into judges, pd, sao, etc. you are the pathetic ones who follow people around the courthouse, so and so is in the building, so and so is in judge x's courtroom, so and so was arrested, does coke, is gay, is having an affair. You all are a bunch of pathetic assholes.

Anonymous said...

Rumpole:

I couldn't resist commenting on your selection of Favourite Books/Favourite Authors list. While I believe Ayn Rand is one of your favourite authors, I wonder how you could have neglected to include her novel, "The Fountainhead" It wouldn't have to do with one of her characters would it, Mr. Roark? ( reference is to a fictional character, not Rump's identity)

Anonymous said...

I myself am partial to the literature of 21st century san bernadino valley , california, particularly the screen writers of the literally guild. But of course one must be a connosiuer of the flesh to truly appreciate the similes and metaphors, iambic pentameters and allegory in the adult film industry. My latest favorite is Everybody Does Raymond and Slimefeld.

Anonymous said...

I am not surprised to see Judge Pineiro's good taste in literature. He's obviously a sharp guy.

I am surprised and more than a little impressed by the discussion of good literature by some members of our defense bar. Up until this point, the deepest thinking I've heard from most of them has been "should I get a Beemer or a Benz"?

Anonymous said...

Phil R "went to the bathroom" several times during the game. I'm not saying he's Rump, but he did take a laptop with him each time. He said he needed "directions." It seemed kind of odd, but, who knows.

;-)

South of The Border said...

Cap,

Judge Holmes is salvagable. However, she is like a light switch. Some days, a brilliant jurist. Others, vindictive, mean spirited, and extremely ego-centric.

Her up and down like behavior has been this way for some time now unfortunately. As of yet, no JQC complaint has been officially. filed.

I have no confidence in the JQC anyhow. Hopefully, Judge Holmes will learn some lessons here. In the letter written to Her Honor by a Chief Assistant P.D., it spelled out only some of the horrors in there.

It is difficult for an attorney south of the border to completely comprehend her courtroom when you are only with her on a "good day." Other days are objectively terrible.

Yes, she does grant alternative sentences. She also displays bizarre and unseemly behavior towards not only APD's but ASA's as well. Example, she forced all the ASA's to work close to midnight once in her courtroom and there is case law in the 4th DCA detailing her past misconduct with a former ASA.

It boils down to an age old philosophical debate: Do the ends justify the means? Part of the news can be found in two local papers:

http://www.dailybusinessreview.com/news.html?news_id=41657

http://www.sun-sentinel.com/news/local/broward/sfl-ccomplaint13jan13,0,3532441.story

The truth is, her demeanor is so outrageous at times, it clouds whatever brilliance she possesses.

Honestly, I think she just needs a strong drink, a vacation, and an objective look inside herself.

Anonymous said...

Batman says:

Sorry about the delay in answering your question 6:23:41. The truth is that I don't know how anyone knows exactly what the JQC is deliberating. The complaints are supposed to be confidential unless or until the Commission files formal charges. If charges have been filed I am unaware of exactly what they are.

If Rothenberg asked for an opinion and did not follow it or she went beyond the questions she asked, then she is not protected. She does have a habit of being a "little" self-righteous and follows her own road.

Lastly, if the commission is taking time to deliberate a complaint, it probably because they are doing more investigation.

I guess we will see.

Anonymous said...

Batman, what does it mean if Rothenberg is on the Ethics panel?

She is basically asking for opionion from herself in essence?

Anonymous said...

Batman says:

Just to clear one thing up, a judge can not ask for an opinion after the fact. The Judcial Ethics Advisory Committee may only look at prospective conduct. In other words any judge, including members of the committee, may ask a question regarding the propriety of what they are going to do, not what they have done. Obviously members of the committee may not participate in answering their own questions.

Anonymous said...

WOW Batman, I think you need Robin by your side.

Listen, leave Judge Rothenberg alone. She is a great Judge and that nut job has sued and complaint about everyone who has found him wrong. If you think I am wrong, ask Judge Cohen.

The Judge visited the Christian Coalition and that is that. She spoke about the Justice System as allowed by the Cannons. What did you want her to do, stop the group from talking? Please.

Also, let me repeat what I answered before to make sure you can get on with your life. By the way, why do you write like you are an authority on the JQC and Ethics Commission? If you would read it correctly, you will find errors in your opinion my friend.

Here is goes, but on your Bat Belt!

You must be a bit slow to continue with the BS that Juan did something wrong. You should be focusing on the Judges who lied to tarnish his image and get reelected. Get a brain and stop the BS. The Supreme Court has spoken and the man was correct. Enough time has elapse to show that nothing irregular ever happened. Additionally, I though this was the US and not Cuba or Venezuela. We all have the right to support, question and even challenge any and all public officials. Seems to me that Judge Faber should now worry since the rock he based his irregular campaign has been crushed by the highest court in the state.

On the issue of "abused his position with the judge to further his own political ends" I must laugh, or how my kids say, lol, lmao & roflao... That would mean that if a JA can further his political goals a Judge would be able to crush all those in his way as well as being able to manipulate the system. OMG. Stop being so pissy. If this was the case, all the spouses of Judges and Judges who have run on their sitting Judge spouses’ name would be in a tremendous conflict. Wait, I think they are! Here is a question, do you agree that Judge Jackie Scola ran on the same year as her husband was up and collected tons of money? Would you admit that Judge Larry Schwartz and his wife campaigned together, she appeared on his literature (against the cannons for both) or that they also used the Scola formula? As well, do you find it fair for Judge Zabel to have her husband run for an office right after her election or that some Judges are having affairs and/or dating each other while serving in the same circuit? How about Judge Farina having his wife and a few relatives working as Supervisors in the same system he oversees? How about Judge Leifman getting his mother Ruth Leifman a job in the Clerk's office in North Dade? Before I forget, how about Judge Siegler and her wife Sharon who is also working for the system? Do you think this people went through the normal system as the hard working clerks that serve us on a daily basis? I think not. I am a firm believer that Judges should have term limits.

Regardless, this is now and that was then. Hopefully everyone receives the blessings that they deserve. I mean, "no good deed goes unpunished" you know.

Listen, stick to this and if you have a problem, talk to the Supreme Court. I mean, you, a lonely lawyer can’t possible be smarter than the Justices of the Supreme Court. Rof & lmao…:

Opinion Number: 2006-32
Date of Issue: December 18, 2006

ISSUES
1. Is a judicial assistant subject to the code of judicial conduct?

ANSWER: No.

Like I said, leave Judge Rothenberg alone. She is one of the best Judges in the State. Pick on someone else.

Anonymous said...

Great, Juan is back everyone.

Your done, midget, get over it and move on

Anonymous said...

Will someone challenge Brummer and Fernandez-Rundle in 2008? Seems to me that they are weak right now and the end could be near if a smart candidate challenged them with all the date that is currently available.

Anonymous said...

My favorite book is, "The Bennett H. Brummer Story, how he went from no experience to the Alcapone of the Public Defender's Office. His rise and dramatic fall to jail."

A best seller.

Anonymous said...

Is Gabe running against Brummer in 2008? I heard Lonnie is considering running for State Attorney.

That is sure to be an interesting pair against two law breakers.

Anonymous said...

A source has told me that Al Millian is Rumpole!