Thursday, February 15, 2007

TRAFFIC. PARKING.

A Rumpole Irregular writes to report that there are "high-level" discussions among the wearers of the Robes and attorneys on ways to reduce traffic in the REGJB. Apparently Au Bon Pain cannot keep up with the requests for Cappuccinos.

With the pending sale and closure of the Mahi Shrine Parking Lot, the question being pondered by great legal minds in our humble building, is:
"hmmmmm....now what do we do now?"

The solution of allowing represented defendants not to attend misdemeanor soundings seems like a quick fix. However, what do you do with all the unrepresented defendants?

The idea of excusing all of Sy Gaer's clients from attending court should also reduce traffic by about 20%. However, like solving the global warming crisis, there is more work to be done.

We humbly advance these ideas:

1) Do away with traffic ticket soundings. Really. Wasn't that going overboard just a little bit? A sounding for a traffic ticket? How about doing it on-line? Set up a web site, list the traffic ticket, have one of those traffic magistrates that everyone is nice to on the day their sister has a ticket, and have the Magistrate review the ticket and "post" a plea offer. The driver logs on, and can click "I accept" or "set for trial." If nothing is done, the case is set for trial.
And by the way, don't continue a traffic ticket trial. Ever. They pretty much have the same policy in Federal Court for matters that are a bit more serious, and it seems to work for them.

2. Judicial Economy.

The point to solving the pending parking crisis is, to borrow a legal phrase we once read somewhere, "inextricably intertwined" (sounds like something that happens on an L&L case) with Judicial Economy. No, we don't mean the going price for bribing a judge, what we mean is that Judges need to be more efficient.

We respect a Judge who requires a written motion before a matter is placed on calendar. But then what? In our memory, only Judge Izzy Reyes was efficient enough to have read our motion and drafted an order by the time we appeared in court. Our view is that the rest of the Judges just bank on attorneys being too lazy to write a motion. For instance, most county court judges will not let you calendar a motion to vacate a bench warrant without a written motion. But the written motion, when done, is a waste of paper. There is no written response from the State, and the motion is ignored during the court hearing. The attorney should be required to obtain a response from the prosecutor. There should be a rule that if the prosecutor doesn't respond within a certain period of time, the motion is granted for lack of opposition. Does this increase the work load on ASA's? Yes. But it reduces their in court work load an equal amount.

The point is that if we can be efficient in using court time, more extraneous matters would not be on the calendar. And that brings us to our last point.

ELECTRONIC FILING AND CASE MANAGEMENT:


It galls us to say this, but the Feds have gotten it right. The Feds have an electronic filing system that really does work. You file a motion, it's automatically emailed to the opposing party and all co-counsel. The Judge gets a copy, and when there is a ruling, its entered into an electronic docket that has the entire court file available in Adobe Format. Paperless filing removes the need for support personnel to scan documents. The written motion- and the response- becomes the motion the court relies upon- not an appearance at a hearing- and the matter is decided usually without a court hearing.

The point is that this is the electronic age of information. The State court system needs to do more to take advantage of the possibilities to streamline the flow of cases. This, in turn, frees up valuable court time for important matters, like motions to suppress and trials. Ask any trial Judge what their biggest frustration is? Outside of our snide comments in court, the overwhelming answer is "doing calendar." Solve the burgeoning calendar issue, and a by-product is that you solve the parking problem, and even help contribute to reversing global warming. Less use of paper, less travel to court, less greenhouse gases.

Become efficient, and go green.
Not a bad package.

See You In Court.

93 comments:

  1. More efficacy means more parking. More parking means less chaos. Less chaos means less need for attorneys. I oppose any change from the status quo.

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  2. Eliminating soundings on Wednesdays would only triple the traffic into the building on Mondays which is already the busiest day of the week. Many cases get resolved at soundings. Furthermore, continuance issues would arise on trial dates after witnesses might have appeared unnecessarily. Soundings greatly reduce this possibility.

    Pretrials on traffic infractions also reduce traffic into the building as a significant number of cases get resolved at this stage thereby reducing the prospect that witnesses would have to appear for trial. Trial settings by their nature result in greater numbers of people entering the building.

    Several branch courts are currently closed. When they reopen, traffic will be reduced.

    If attorneys whose cases arise at branch courts would not systematically request a jury trial there would be less traffic at REG. Not suggesting that defendants forgo their right to a jury trial but the vast percentage of these requests are made for attorney convenience and not because the client truly wants a jury trial.

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  3. First of all, I view that post (which I removed) as a threat against me. I have saved the post and will forward it to the appropriate authorities. Secondly, you coward, send me an email and I will respond, and we can meet and settle this if you wish.

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  4. They should really keep Mahi open for a while and at the same time, build a multilevel parking garage (10 or so floors) at the lot right next to the courthouse.

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  5. Here's an idea: enforce our licensing laws. That should mean towing half the cars in the lot. Start taking the DWLS cases more seriously, increase the fines and use the money to improve traffic enforcement and lessen congestion. WOW. What a concept. Naw. This is Miami. Nobody wants to actually enforce the law. Nevermind.

    As for your idea requiring responses from prosecutors to every motion.........do you have any idea how many frivolous form motions are filed? For every legitimate motions, prosecutors see at least 20 bogus ones (some of which are filed to preserve the record, others are filed so attorneys have an excuse to charge absurd fees). Many of the remainder are boilerplate motions that require defense counsel to do nothing more than enter a client's name, case number and a couple of facts. These motions don't put the prosecutors on notice about anything other than the overall issue. What's the point of the response? 95% of the motions don't deserve a response. Why kill all the trees and increase the workload of the Clerk's Office (in case you haven't noticed, they can barely keep up as it is) to achieve precisely nothing. 99% of motions never get heard. There's a reason for that.

    The vast majority of the ones that do get an evidentiary hearing where everything is discussed anyway. And, we quickly learn, surprise, surprise, that most are without merit (unfortunately, lots of folks set these things to see if witnesses will show up or to put on a show for their clients).

    I'm no longer a prosecutor, but I think it's ridiculous to expect them to respond to everything.

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  6. Build a complex with parking garage, courtrooms, office space for SAO, PD's and Clerk, and an a tower with living and office condominium units to sell to attorneys and bondsmen to finance the cost of the project.

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  7. It bothers me that the cops park illegally, blocking fire lanes, crosswalks ect. It symbolizes that they are above the law. They can park with impunity wherever they choose. What other laws can they disregard? Presumably, rules prohibiting parking in fire lanes and crosswalk are designed to promote public safety. Why are the cop permitted to disregard this law? Where do I get a form to file a complaint?

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  8. Wow, i should not have retired as a Judge. i never realized what a perk it was to be able to park underground in the REGJB garage. who am i kidding, i would rather take 10x's the circuit judge's annual salary in just one year as a private lawyer...but it is pretty cool to park in your own court house spot!

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  9. Using the Federal system would require us all to concede that the judiciary here is the equal of the Federal bench. I am far from persuaded.

    The sick, lame, lazy, and stupid will always be on the bench in the REG - I want to at least see thier faces when they screw my clients (after NOT reading any of the pleadings or legal memoranda).

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  10. Rumors are that Michaels' Paralegal, Oscar is leaving his office and he is in search of a new paralegal. I am a criminal defense attorney who has dealt with Oscar is several matters. He helped with anything I needed. He has a very extensive knowlegde of the law, and is always on top of things. The only thing he needs is a law degree, I'm sure he will make a fine lawyer.
    Good luck Oscar in your new endeavors, and remember, do not forget your attorney's here in Dade.

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  11. thank you, but this is not the place to say nice things about anyone.

    Please leave us alone.

    Now back to....

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  12. Is it possible to threaten a fictitious person who's true idenity, and whereabouts are unknown?

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  13. Yeah, and unless Rumpole kills the threatener if and when they meet, the Blog is shut down.

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  14. jason greay good point. what say you Rumpole?

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  15. give us a brief of what the threatening post said!!!

    E. Garcia

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  16. yeah Rump, you better tell us what that threatening post said, otherwise, I'm gonna............

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  17. Rumpole what did they say about you

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  18. Leave it to Mr. Grey, consumate lawyer, to raise an issue on appeal. I would think that if some tragedy would befall me, say the total destruction of my collection of Chateau Miami River, the authorities might want to review the threat.

    Since I am real. As our Favourite Bard once wrote, "If you prick me, do I not bleed?" then I take any threat against the proprietor of these premises, seriously.

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  19. Speaking of Michaels, any thought he is behind this mess? I mean he can write without an accent can't he? The Ol' Alex-n-Freddy Show. Wouldn't that be a scream if those two jokers managed to fly beneath the radar this long?

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  20. Alexander Miculescu even types in Romanian.

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  21. You know, now that you mention it, I saw Alex and Freddy huddling together in a corner chuckling about something. In light of recent developments, it seems suspicious.

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  22. BREAKING BLOG NEWS


    Yahoo Reports:
    "In California, Prince Frederic von Anhalt, the husband of actress Zsa Zsa Gabor, filed legal documents Thursday seeking a DNA test to determine if he fathered the baby. Von Anhalt, who says he is 59, has said he and Smith had a decade-long affair. Representing the Prince in Ft. Lauderdale will be Miami Power Attorney Albert Quirantes, known to many as "Q". "

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  23. Just the facts about Barry Wax please. Just the facts.

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  24. I had once read a long letter written by Alex Michaels, Trust me, he ain't Rumpole

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  25. The recent headline from the FDA Press Release reads: "FDA Warns Consumers Not to Eat Certain Jars of Peter Pan Peanut Butter and Great Value Peanut Butter" - why would consumers eat the jars?

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  26. Seattle lawyer William Marler has filed a lawsuit in Kansas City for a Missouri family that became sick after eating peanut butter.

    William Marler says the lawsuit filed today in federal court is the first in the salmonella outbreak that has sickened nearly 300 people in 39 states.

    Brian and Susanna Cox of St. Joseph and their two children became sick in October after consuming Great Value Peanut Butter purchased at a Wal-Mart Superstore.

    Any local lawyer willing to represent me I have all the medical papers the jar of peter pan that made me sick and the store receipt etc etc.....wil the Q help?

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  27. link to lawsuit:

    http://www.marlerblog.com/articles/-legal-cases/

    SPRINGFIELD, MO – A Salmonella lawsuit was filed Friday in United States District Court for the Western District of Missouri against ConAgra, the Omaha, Nebraska-based food company whose Georgia peanut butter plant has been traced as the source of a Salmonella outbreak that sickened hundreds. The lawsuit was filed on behalf of Buchannan County, Missouri, residents Brian and Susanna Cox and their two children. The Cox family is represented by Seattle-based Marler Clark, the Seattle law firm that has represented thousands of victims of foodborne illness outbreaks, and Springfield, Missouri-based Aleshire, Robb & Sivils.

    In the lawsuit, attorneys allege that the Cox family first became ill with symptoms of Salmonella infections in October, 2006 and that both children required medical treatment. Unaware of the association between the consumption of peanut butter and their illnesses, the Cox family continued to purchase and consume Great Value brand peanut butter in the subsequent months. The Cox family first learned of a Salmonella outbreak traced to Great Value brand peanut butter on February 14, 2007, when the Food and Drug Administration announced Peter Pan and Great Value peanut butter manufactured in ConAgra’s Georgia peanut butter plant had been traced as the source of a Salmonella outbreak among nearly 300 residents of 39 states.

    “I’ve handled claims on behalf of victims of nationwide Salmonella outbreaks traced to tomatoes, cereal, and unpasteurized orange juice, but never peanut butter,” said William Marler, managing partner of Marler Clark.

    Marler listed his top five recommendations for individuals who may be part of the Salmonella outbreak:

    1. If you or a family member are still sick, please seek medical treatment.

    2. If you do seek medical treatment, please ask that a stool culture be done to try and confirm that you have been sickened by Salmonella.

    3. You should contact you local health department about your concerns and to relate information about your family members’ illnesses. Please make note of your peanut butter label, the brand, and the product code found on the lid—“2111” is the implicated product. Also note when and where you purchased it. This information will help the health department’s investigation.

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  28. Anna Nicole Smith last will and testimate

    http://i.a.cnn.net/cnn/2007/images/02/16/pleadings021607v2.pdf

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  29. Question: Why is Anna Nicole Smiths will being faxed around to people on Feb 3, 2007 five days before she died?

    She died on Feb 8, 2007 and the filed copy to the Broward court is Feb 3, 2007.

    Answer: She and her son were murdered by that lawyer and his associates.

    Question: Her son had a multi-million dollar estate that was paid when he died.

    Answer: Yes.

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  30. http://www.cnn.com/2007/HEALTH/02/16/peanutbutter.lawsuits.ap/index.html

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  31. Lawyer getting on your last nerve? For just $2.00 or even $10.00 you can be your own Lawyer.

    http://www.jurisdictionary.com/index.asp?refercode=MD002

    This offer is also available to bottom feeders who forgot what they learned in law school and need a step by step guide and/or fill in the blank legal forms.

    ReplyDelete
  32. LATE BREAKING NEWS! RUMPOLE HAS BEEN IDENTIFIED AS NONE OTHER THAN:

    Leo McKern

    This is not BULL check it out Google Leo McKern name and Rumpole and you have the answer to Rumpoles identity and it is Leo McKern.

    Do I win a Prize?

    ReplyDelete
  33. One should not "Google" before 7AM, especially if one has been up all night eating sugary snacks and watching Caddyshack.

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  34. Rumpole, you are not sending anything to the authorities because then we will all know who you are and those of us who are victims of this blog will sue you. We basically have the same protection you have on us at this time until you make yourself real. Tell us who you are coward!

    ReplyDelete
  35. ahh but you missed Rumpoles point. As in the godfather Rumpole has his authorities, so BACK OFF!!

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  36. To 12:07 a.m.: You are a lawyer, for God's sake, 7 years of higher education. Learn how to spell. Testimate? It's TESTAMENT.

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  37. Leo McKern alive in Miami? The last time I saw him, he was walking into the House of Lords in 1967.

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  38. Guess whose name can be rearranged to spell "Comical Anal Heat"?

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  39. 9:15. True I have not sent anything to the authorities. However, I have the post, and I have requested Google's assistance in determining the IP address. Should anything happen to me or someone I care about, this could potentially be used as evidence. If you think for one second that I fear having my identity revealed because some no talent bottom of his/her class lawyer wants to sue me, then you are completely wrong. True, I wouldn't be able to write the blog as I have in the past, but I managed to live a bunch a decades without it, and I think I could struggle by.

    My suggestion (if it was you who made the threat) is that your time is better spent revising your $59.00 ticket mailer, then trying to read and understand the important issues we deal with here.

    Good Day Sir.

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  40. Blog Announcement:
    I'm starting a campaign to put Sleepy Bennett in Wikipedia. So everyone please write into Wikipedia with your favorite Sleepy stories about everyone's favorite Sleepy PD.

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  41. Rumpole, then you are more of an idiot than I thought at first. Google is great at protecting your/our privacy and will never give you any information. Stop crying already. The Feds have taken Google to court and they have won nothing. Stop the BS and tell us who you really are. As for now, you are a good for nothing Coward who hides behing a blog and tells lies.

    So, tell me another lie. You are a coward and now saying you are scared for your life? Please. Then stop instigating with the lies you write.

    Lastly, since you are making such a big deal about the comment, tell us what it said. It seems to many of us that you are turning into a Drama Queen!

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  42. Maybe I'm not smart enough to understand the difference...Rumpole and Anonymous both seem to ficticious names. How can someone who signs their name Ananymous be criticsl of someone who uses Rumpole??????????

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  43. I think Rumpole and Captain are Scott Saul and Aaron AABA.???? they are inseperable..

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  44. I'M STILL TRYING TO FIGURE OUT WHEN I'LL CARE WHO ALL THESE PEOPLE ARE

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  45. If anything ever happens to Rumpole I will search under every rock to find you! (or at least every other pub).

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  46. Rumpole - it's the retired judge again. I am addicted to the blog. Am I a Yenta because I am still interested in all of my friends and colleagues over at the justice bldg.? Can you write something about the Ana Nicole Smith litigation and your viewpoints? I know you like those "buxom" voluptuous women, but let me know who is going to get the money?

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  47. Blog Congratulations to ALAN SHUMINER who was promoted to Second Lieutenant in the the Cigar Dave Army on the Cigar Dave Show tonight on 610 WIOD.

    2nd Lieutenant Shuminer: We raise our Macanudos to you.

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  48. Retired Judge: (Weatherington? Klein? Carney? Salmon? Smith? Gersten?) I know nothing about family law. I know less about voluptuous blondes. That sorrid little tale is tragic because their is a young infant who has lost her mother. We don't care to make funny observations about a tragedy.

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  49. Violation of blog rule 6- copying and posting large news articles a(special violation when the topic bores us) Use your skills- summarize the article and post a link.

    R

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  50. Congats to Shumie- 2nd Lieutenant! You deserve it.

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  51. Moderation is on while some jerk tries to post lenghty -boring articles. But I'm here working on an appeal, so keep posting and I'll put it up. Till about ten or so, then I'm going out. Or to sleep. One of the two.

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  52. Which circuit court judge was recently denied seating at a hot Miami Beach eatery? known for her lousy tipping and even worse treatment of wait-staff, the conversation went something like this:

    Judge: We've been waiting an hour.
    Maitre'd: Madam, quite frankly, none of our servers wish to serve you.
    Judge What?
    Maitre'D: You have been here several times before, and your treatment of the staff, and low gratuities has caused them to boycott you in a way.
    Judge: I'm a Judge!
    Maitre'D: Then you should know better. I may have something at the bar in an hour.

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  53. Besides Rumpole, how many losers are home on saturday night with nothing to do but read the blog?

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  54. LENNY COOPERMAN UPDATE!!!

    Many of you remember Lenny Cooperman, who after losing a hard fought and close election for Judge, accepted a post as a federal claims judge or something like that up North. Now comes word that after his wife became the new governor's physician, Cooperman has been appointed to the State Appeals court- equivalent to our DCA.

    Congratulations Lenny. You were always better than that dumb county court spot you wanted.

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  55. I could have sworn that Cooperman won, but left the bench for the Judge spot up North. Didn't he do some large chemical company lawsuit as a Judge before leaving?
    I always thought it was his performance in that case that got him the promotion to the federal slot in Maine.

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  56. Cooperman was never a judge here. He was a putz. But I did hear the story about the appointment to the state appeals court. That is true as far as I know.

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  57. Boy did Batman slam one former Judge Feiler in the comments section of To Serve Protect and Intimidate?
    Harsh words from the caped crusader.

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  58. Tim Hardaway was recently attacked by a large group of well dressed men that critisized the way his shoes clashed with his shirt, ridiculed the music on his Ipod, and trashed the food that he ate.

    Who says sterotypes aren't true?

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  59. Judge Lenny Cooperman was a courthouse legend back in the mid 90's. As the earlier blog statement indicated, Judge Cooperman did preside over some of the most complex criminal and civil cases in this circuit. I do believe that he will make an excellent appeals court judge in Maine. His bar poll rating in 1994 was tied with Judge Hoeveler. It is too bad that he is not here. Our loss.

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  60. I bet Feiler is the "Yenta retired Judge" who keeps leaving those stupid comments. You want to know what's going on in the Justice Building? Go to work for the ticket clinic, get some cases, and come see for yourself. Otherwise stop posting. Nobody cares you're a yenta and nobody cares you sit home all day alone and bored.

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  61. Wendell Graham is perhaps the finest jurist this town has ever seen. At least since Murray Klein wore the robes.

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  62. "Ladies and Gentlemen of the jury. How does my hair look?"

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  63. RUMPOLE

    Reiff
    Unger
    Michaels
    Panunzio
    O
    Lurvy
    E

    could this be the clue we are all seeking?

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  64. 2:11 - when you work with Google- and when you run a blog- and when someone does something that is wrong and possibly illegal- Google will work with you to resolve the matter. I could care less if you believe this or not.

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  65. I don't edit comments based on truth- thus the Cooperman posts are up, though I am fairly certain he was never a Judge here. I have no idea about his whereabouts now.

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  66. RUMPOLE: regarding your google post...let it be known that the "retired yenta judge" did nothing wrong and i plead not guilty and demand discovery and a jury trial on this issue!

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  67. Rumpole you are wrong. I tried two cases before Judge Cooperman when I was in the PD's office. Both were DUI's, and both were NG's by the way. He was/is a really nice guy. I'm glad he's doing well.

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  68. Rump - Didn't Judge Cooperman preside over those Dupont Benlate product liability cases?

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  69. dear former colleagues - let the truth be told - i am not, nor have i ever been the "retired yenta judge."

    i miss you all....

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  70. Ali said: I beat Forman and Fraizer and Shenberg was the latest...now who is the greatest?

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  71. Wendell Wendell on the wall...who is the fairest Judge of them all?

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  72. This nonsense is causing me to drink. I am going to my local pub to quaff a few cold ones, throw a few darts, and forget this idiocy. I repeat- I do not believe Mr. Cooperman was ever a Judge In Miami, or Florida for that matter. Strange chap in a straw hat if I remember correctly.

    As such, the posts about DUI trials and Dupont trials are patently false. Someone is having fun at someone's expense and that is not what the blog is for. So stop this, go eat some ice cream and go to bed.

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  73. Rumpole -- Maybe Judge Harvey Shenberg is the "retired yenta judge" - or is he also an appeals court judge in Maine?

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  74. Cooperman NEVER a judge in South Florida. Colby tried the chemical cases.

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  75. Wrong wrong wrong. Cooperman was a Circuit Court Judge and tried the benlate matter. Colby was a traffic ticket Judge.

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  76. Yes, but Cooperman drives a used hybrid and lives in a cabin; Colby drives a Ferrari and has houses everywhere!

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  77. I wrote and Produced Seinfeld and have more money than all of you put together, and I drive a Hybrid. Funny Blog by the way. Call me if you want a job.

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  78. That's it. I'm out the door. Any more posts will go up tomorrow after my hangover. I'm walking to the pub, weaving back, and I'm the chap winning a few bucks at the dart board.

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  79. That's a clue! Drinking and throwing darts at a bar before noon is very, very goyish.

    Phil can't be Rump.

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  80. Cooperman lost twice. Once was to Linda SInger Stein and the other was to Teretha Thomas Lundy. Colby was a County and Circuit Court Judge.

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  81. COOPERMAN ran against Colby- who was only a county court judge- and got his head handed to him. All of Jon's ex-girlfriends voted for him, and that was enough margin of victory.

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  82. No, you are wrong. Judge Jon COLBY was both a county court judge and a circuit court judge. He was elevated by the Governor. Also, COOPERMAN lost 3 times (stein, lundy thomas and to colby).

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  83. To 8:10 am.
    Rumpy wasn't going to the pub before noon . Wake up fully before trying to think.
    It's not a clue. Just means he has a life. You're a tool.

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  84. No No No. Cooperman announced against Colby and Colby dropped out of the race after being found in a compromising position with his bailiff Ray.

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  85. Batman says to Rumpole:

    I agree my words are harsh, but harsh are the only words Feiler will understand. Enough is enough. This constant testing of the waters and the threat that somehow she might come back makes the ears on my cowl stand up a little straighter. I just wish it would stop. I can think of 100 ex-judges, including Al Sepe, Harvey Shenberg, Arthur Taylor and Peter Capua, as lacking in legal abilites or honesty as they were, I would rather have back. (Okay, Shenberg and Sepe could be a stretch, but I think you get my point.)

    Nothing has changed. She is the same. Some people get the message. She has not. I will repeat, Loree should you stay in Colorado trying to corner the market on real estate no one wants.

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  86. Judge Jon Colby was a protogee of Circuit Judge Peter Capua. Capua was his mentor and got him an appointment. When Capua got defeated at election, Colby quit soon after.

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  87. Retired Judge Colby has been trashed enough. He is a great human being. Just the other day he sent a letter to Pat Riley canceling his account with the Heat because of the comments of Tim Hardaway.

    As Judge Colby said: "Your organization must immediately respond to those hurtful words. Mr. Hardaway has hurt myself, my friends, and those close to me with his hurtful and mean words. Until your organization reubkes him, I shall no longer attend Heat games."

    Good for Judge Colby!!!

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  88. That would be like me trashing my Dolphin tix because of Mercury Morris's drug charges.

    Ridiculous to blame the Heat.

    Maybe Colby just got tired of paying for tix before the playoffs.

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