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

Thursday, April 05, 2007

PLEAS.....E?

BREAKING NEWS:
Mr. Markus reports on his blog that a member of the Federal College of Cardinals had to be rescuced from an elevator today. This is just too good to be true.

Apparently the elevator was one of those that speak and when the Judge ordered the elevator to open its doors the elevator replied that it was denying the motion and informed the Judge he had ten days to appeal and that if the Judge didn't have the money to file an appeal, s/he could proceed informa pauperis.

The Judge wanted to file a complaint with Building and Zoning but was told the US Supreme Court made the Building and Zoning regulations discretionary and therefore the elevator was within its rights to let the judge out on the floor he/she wanted, let the judge out on a lower floor (a downward deviation) let the Judge out on a higher floor (an upward deviation) or keep the judge in for 360 floors to life.

Rumpole heard that when the Judge called for help s/he was told that they needed to text their call for help in a PDF format to the electronic help desk, which would review the matter and get back to them shortly.

There is no truth to the rumor that the call for help was referred to a magistrate who reviewed the matter and denied it without a hearing.

Sometimes you just get a hanging curve ball.

BACK TO THE ORIGINAL POST:

Does anybody else feel like they are buying a car when they enter into plea negotiations with a prosecutor?

It goes something like this:

ASA: It's 3 years prison.

Defense Atty : How about a withhold and a year probation?

ASA: No way.

a few calendar calls later...

ASA: OK..I see your point about the bad stop. I agree the depos aren't great for me. Let me go talk to my supervisor. (At which point the ASA goes into that fabled backroom).

ASA. Well, I've never seen this before...you must be really good. It's 364 but you have to buy the extended warranty and the undercoating.


The point is that there has to be some discretion given to individuals who have managed to graduate from law school, pass the bar, and be hired as a prosecutor.
Granted, discretion comes from experience, but perhaps there is a better way.

It now truly feels like a bad car buying experience trying to get even the most simple part of a plea changed. It also slows down the entire court process, and turns the prosecutor into a glorified messenger.

Perhaps the answer is to have the supervisor in court more often. I remember a young ASA being given a hard time about not breaking down a DUI many many years ago. The Judge called Janet Reno, and Reno asked to speak with the ASA. A few moments later the ASA hung up the phone.

"What did she say?" asked the Judge.
"That she'd be right down to try the case with me." responded the ASA in the days when the SAO was on the 6th Floor of the Justice Building.

The point is that Judges and defense attorneys find it very annoying when trying to resolve a case, to deal with some nameless/faceless all powerful "supervisor" that skulks the hallways of the SAO saying "no deal" every time someone hands them a phone.

There is obviously another side to this story, and any prosecutor who wants to fashion a response will get it published in the comments section. If it's good enough, we'll post it on the front page.


See You In Court, waiting for a supervisor to say no.

62 comments:

Anonymous said...

Seven things guys like:

1. money
2. beautiful women
3. younger beautiful women
4 when #2 and #3 kiss
5. watching great sporting events
6. strippers
7. steak

Anonymous said...

Ok,

Contrast that with Broward:

I will speak with my supervisor.

One hour later, the plea is now 10 years jail, take it or leave it.

What would you rather have?

Anonymous said...

Please.

I do think prosecutors need to have some discretion. But, there are several reasons why prosecutors cannot have complete discretion.

1. Defense attorneys are ethically required to zealously represent their clients as we all know. Not surprisingly, prosecutors are inundated with overstated arguments. Most of the young prosecutors don't know the law very well (it's hard to criticize them given how quickly they move through the office and the large number of cases they handle. Many of them do the best they can). They face defense attorneys with decades of experience. They often buy into weak arguments and decide to lower plea offers because they don't know any better. When I was with the SAO, I dealt with this many times.
2. Like any other organization or agency, the SAO is home to a sizable portion of prosecutors who are lazy (say 20-30%). These folks are motivated to dump cases. Unfortunately, when they dump cases, we (including our family and friends) in the community pay the price.
3. I was a prosecutor for about a decade. I handled God only knows how many cases. In virtually every one, the defense attorney argued that my offer was too high, his client deserved a break, etc. The young prosecutors often do not have sufficient life experiences to determine who should get a break and who shouldn't.

The reality is that many SAO supervisors give the better prosecutors more discretion as they earn it.

Anonymous said...

Not to name names: when I was in CC, the Assistant Boss was so ill tempered and nasty, that it was easier to try cases than ask for a breakdown.

Can anybody guess who this assistant was???

Anonymous said...

It wasn't always like that. Back during Reno's first term, prosecutors had a lot more discretion. It was during Reno's last years and KFR's reign that prosecutorial discretion has disappeared at the pit prosecutor level. Every once in a while you'll come up to an ASA who's got the brains and the courage to make decisions but those rare ASA's will soon go into private practice or to much better-paying jobs.

Anonymous said...

Bloggers Which of these judges, in your opinion ,deserve opposition in 2008 and why .Be specific and objective ,please

01 Fernandez, Ivan F. 2008 1/5/2009
02 Flores, Mary Barzee 2008 1/5/2009
04 Ward, Diane 2008 1/5/2009
05 Donner, Amy Steele 2008 1/5/2009
06 Esquiroz, Margarita 2008 1/5/2009
07 Rodriguez, Jose M. 2008 1/5/2009
09 Friedman, Ronald M. 2008 1/5/2009
11 Fierro, Eugene J. 2008 1/5/2009
16 Firtel, Leon M. 2008 1/5/2009
17 Trawick, Daryl E. 2008 1/5/2009
18 Gordon, Jon I. 2008 1/5/2009
19 Silver, Roger A. 2008 1/5/2009
23 Lopez, Peter R. 2008 1/5/2009
27 Dresnick, Ronald C. 2008 1/5/2009
33 Farina, Joseph P. 2008 1/5/2009
35 Prescott, Orlando A. 2008 1/5/2009
36 Pineiro, Roberto M. 2008 1/5/2009

37 Hardee Muir, Celeste 2008 1/5/2009
38 Glick, Leonard E. 2008 1/5/2009
44 Bagley, Jerald 2008 1/5/2009
46 Zabel, Sarah 2008 1/5/2009
50 Simons, Stuart M. 2008 1/5/2009
51 Chumbley, Douglas J. 2008 1/5/2009
53 Emas, Kevin M. 2008 1/5/2009
54 Wilson, Jr., Thomas S. 2008 1/5/2009
55 Cohen, Jeri Beth 2008 1/5/2009
57 Shapiro, Bernard S. 2008 1/5/2009
58 Schumacher, Marc 2008 1/5/2009
63 Rosinek, Jeffrey 2008 1/5/2009
64 Hogan Scola, Jacqueline 2008 1/5/2009
69 Scola Jr., Robert N. 2008 1/5/2009
70 Karlan, Sandy 2008 1/5/2009
71 Sigler, Victoria S. 2008 1/5/2009
72 Diaz, Reemberto 2008 1/5/2009
75 Tunis, Dava J. 2008 1/5/2009
76 Eig, Spencer 2008 1/5/2009
77 Butchko, Beatrice A. 2008 1/5/2009

13 Brennan, Victoria R. 2008 1/3/2009
16 Figarola, Rosa C. 2008 1/5/2009
17 Hendon, Eric 2008 1/5/2009
19 Schwartz, Jacqueline 2008 1/5/2009
30 Miranda, Cristina 2008 1/5/2009
34 Sarduy, George A. 2008 1/5/2009
36 Saenz, Nuria 2008 1/5/2009
38 Arzola, Antonio 2008 1/5/2009
42 Lindsey, Norma S. 2008 1/5/2009

Anonymous said...

I don't understand why it is they need their hand to be held on every damn case. Make a decision and go back and tell your "cheif" why you found reason to give a reasonable offer.... grow some balls people...

Anonymous said...

There is one solution to the problem. I remember a moment as a prosecutor when I had a really weak career criminal case that one of the assistant chiefs of career criminal refused to give a reasonable plea to close it out. The judge I was in front of pulled out the career criminal statute and read it to say that a career criminal prosecutor, not a division asa, should be trying these career criminal cases and insisted on having an assistant chief of career criminal come to the courtroom to try the case with me. When one of the assistant chiefs showed up and was told that he/she was to try the case, the defendant was offered a better plea and the case closed. Very clever judge. The bottom line is that it's really easy to give unreasonable pleas on marginal or weak cases when you're not the person who has to present the case to the jury.

Anonymous said...

Rump,

The better DC's are the ones who are regularly in court. The judges
need to demand their presence.

Although I do see the problem with ASA's having to constantly ask for
permission, the flip side of this is you have too many Judges who do
not want to make a decision themselves and rely on the State
to do everything for them.

We need more Judges like Pineiro,
Schumacher, Dresnick and Bagley who truly controlled their courtrooms by either forcing the State to make better plea offers on the dog cases or by accepting
counter-offers made by the defense.

Too many Judges now are afraid to get appealed. If a Judge sets the
tone, by getting involved in plea negotiations when they can (when
its NSP or when the State goes below guidelines), then we wouldn't have to always wait for the State to get approval.

That's my take on the issue. The problem is we have prosecutors with no discretion and Judges who
do not use the discretion they have.

All Along the Watch Tower said...

Angry Dan!

Anonymous said...

Why do you think that once the ASA commitment ( kindergarten prison) is over that droves of ASAs leave all on the same day? That leaves the kiss asses or the truly stupid and then they become DCs and they then decide what color pen to write with and since most of them have been attorneys for about 4 years and have never supervised anyone before the power goes to their head. The point is when the lowly c prosecutor tries to discuss the case well before sounding the DC is too busy or is on a coffee break. When the DC finally looks at the file after asking who the defense... (PDs have no chance)- it is just go to trial- an appropriate offer is made. ASAs should have discretion. The brave ASAs who have made decisions without a DC have either been fired, demoted or have mysteriously disappeared. I am still looking for my favorite ASA in Soto who gave resonable pleas suddenly disappeared. She got promoted then poof- gone! I heard that she left for a better job. Good for her! We need more in the state attorneys office like her- not afraid to take a stand and can look at a case for what it really is instead of bowing to office politics.

Anonymous said...

It is worse on Broward

Batman said...

The person pasting the rules on each of the posts may be none other than Judge Peter ("I'm a Camacho Man")Adrien, believing that this will stop the truthful dissemination of his stupidity. Or maybe he is trying to prove he has read and chooses to ignore them.

In either case Judge Adrien (the person I refer to as the Forest Gump of the 11th Judicial Circuit), nothing you do will stop the freight train of opposition from running over you in 2010. (Unless of course you are smart enough to get off the track.) I would not spend the extra money you are making now or, for that matter, buy a new house. Legal Aid, if they will have you back, will never pay you more than the 35K you made before. Tomorrow we will have only 1000 more days left of your ignorance.

As Marty Martian said: "Oh, you make me so angry!!" You are such an embarassment. You are the poster child for Merit Retention. I could just go on ad infinitum.

On qualifying day in May 2010, if I am lucky enough to be alive, I will reveal my true identity.

Your opposition waits for you in the dark alleys of the city.

Paid political advertising. Paid for by The Committee to Elect Anyone But Peter Adrien.

Fake David Iglesias Former ausa said...

Did you know I was the inspiration for Tom Cruise's character in a "Few Good Men." Col. Jessup = AG Gonzales = Bush. They ordered the Code Red.

They really picked the wrong Marine this time. I was teaching military tactics overseas and their excuse for firing me was being an absent landlord at work. Too bad federal law prohibits firing an AUSA for who is being called up for military service. Specifically lectures on wartime tactics. A war started by my boss and proxies.

Rumpole said...

Folks, thanks for putting up with moderation while the people at Google help me with this lunatic. I will put the posts up as quickly as I can- the comments today are great.

Rumpole said...

PS Batman- you got the wrong guy. Email me and I will tell you the long sorrid story of he who must not be named, who occasionally forgets to take his medicine.

Anonymous said...

I don't know how he is as a Judge, but I just like saying "Sarduy". I think I may name my new cat Sarduy. Its a fun name. Try it.

jason Grey said...

“ Good judgment comes from experience, and experience comes from…...well, bad judgment.”

Anonymous said...

jason took his plato pill today. you go boi!

Anonymous said...

Sarduy.... Sar...duy...sarDUY...yeah..its kinda fun. We should all name our cats Sarduy.

Sarduy you later.

Sarduy to you...and to you a ood Sarduy.

May the Sarduy be with you.

You want the Sarduy???? You can't handle the Sarduy!!!!

F the Q-get me Sarduy.!!!

I could go on and on.

jonathan blecher said...

i was an asa during the janet reno era.

i think the tone (read asa lack of discretion) began to change when victim's rights groups became empowered and a political force requiring greater accountability from the sao.

what dc, supervisor or pit asa wants to get a call from "upstairs" that MADD, GLADD, BAAAD or SAAAAD has complained about a soft plea/dismissal/nolle prosse to kfr?

i agree that experience is the key
to an asa (or defense attorney for that matter) seeing a case for what is is (or isn't) and doing the thing that is best at that moment.

what i find disturbing is the inability of some asas to recognize meritorius motions. we all went to law school and know a bit about the 4,5 and 6 amendments. use that expensive education and accept an argument because its the law.

so many times the young prosecutor tells me "let the judge decide" on a motion to suppress. they want to write up that dispo saying the judge granted it, and not that they agreed to it because it was the right thing to do.

credit where credit is due dept. said...

"Good judgment comes from experience. Experience comes from bad judgment" is attributed to Jim Horning a Stanford University PhD in Computer Science. Mr. Horning also said "nothing is as simple as we hope it will be." Wow, how true - and I've used this approach to good judgment all too often.

Batman said...

Rumpole - I will send you an email about the poster.

To that extent I apologize to Judge Adrien for jumping to a warranted, albeit wrongful, conclusion. However all my remaining comments will stand.

Enough is enough. I signed on to this blog to defend those who could not defend themselves from unwarranted criticism (mostly judges), but I can not and will not hesitate to take to task those incompetents who have infested the judiciary. It is disheartening to see a judiciary, which was the envy of every big city in this nation, be reduced to being the laughing stock of the judiciary of this state. We may not have liked the personalites of some that came before (Alan Schwartz for example) but damn it, they were smart, tough when they needed to be, no nonsense, looking for the right thing to do judges. Lawyers did not walk all over them and respected them. They could grant a motion to suppress when it needed to be and concentrated on doing the job, not just keeping it.(OMG I sound like such an old fart.)

As a sidelight, I just could not hold back my laughter when I heard that the coyote that jumped into the drink cooler in the subshop in Chicago had been named - Dare I say - Adrien.

Anonymous said...

Hmmm...Rumpole was "present" when Reno told an ASA she would try the case with him...Blecher was an ASA in the DUI division when Reno was the SA....anything you wish to confess to now Mr. Blecher/Rumpole???

Our lunatic friend needs to know where to send his bar complaints besides the Herald which is laughing at him.

Anonymous said...

This Just In- the Q has applied to the 3rd DCA.

Fear the Q
Respect the Q

Close your eyes and file your brief with the Q

fake alan schwartz said...

How many briefs has the so-called "Q" actually written (and not just signed his name to). I don't ever remember seeing him at the 3d DCA. Of course, he couldn't be any worse than some of the losers who Jeb appointed out here.

Spicoli said...

Rank and file prosecutors here have little discretion. Part of becoming a good prosecutor is learning how to exercise it justly.

Rank and file prosecutors in Broward have problems spelling discretion. Their office assigned dictionaries are lacking that word.

Rank and file prosecutors in Live Oak have no problem with discetion. This, is not a good thing.

Three more things guys like: Tasty waves, tasty babes, and the upcoming AUSA episode of Iglesias Strikes Back. We need him on that wall.

Anonymous said...

I dare to ask - what is the literal translation of "sarduy"?

Is it like "pruf" for "proof"?

Anonymous said...

Sarduy (pronounced Sar-doo-ee) is a Judge in Domestic Violence court. I'm naming my cat Sarduy.

Anonymous said...

I concur with the 2nd post: Be glad the Miami ASA will negotiate with you. I had a VOP case (technical violations - moved without consent). Offer - 1 yr and 1 day fsp.
Oh yeah, the original disposition - Wh+12 months probation.

Anonymous said...

Rumpole, I think you should do a poll on the best DCs and the best pit prosecutors. Everyone always bitches on here about "the pit prosecutors" and "the supervisors," but there are good and bad in both groups. Its unfair to paint everyone with the same brush.

Anonymous said...

I agree with the 2nd post. Be glad the ASA's in Miami will at least deal. In Broward, it is like buying a Saturn: The offer (price) is what it is. And like a Saturn, it is usually shitty.

Anonymous said...

Hey this moderation thing isn't bad. Good work Rump de la Rump.

CAPTAIN said...

THE CAPTAIN REPORTS:

It's official - David Young has resigned effective June 1, 2007. The 3rd DCA JNC is now accepting applications to replace him. The deadline to submit your application is April 30, 2007.

All persons interested in applying must deliver a complete application and 10 copies to:

Marie F.S. Bell, Chairperson
Eleventh Circuit Judicial Nominating Commission
3225 Aviation Ave., Suite 501
Miami, FL 33133


You heard it hear first:

Early Favorite:

JOHN THORNTON

Partner in the law firm of Thorton & Rothman (whose ex partners include Judge Federico Moreno and Judge Kevin Emas); Thornton is also past President of the Dade County Bar; President of the Florida Bar Foundation, a member of the Florida Bar's Board of Governors - and a very qualified candidate for the job.

Of course, if he gets the job - what will happen to David?

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

CAPTAIN said...

BREAKING NEWS:

THE CAPTAIN REPORTS:

FELONS VOTING RIGHTS RESTORED....

Gov. Charlie Crist and the Cabinet voted 3-1 today to dismantle Florida's Jim Crow-era barriers to voting and other civil rights for hundreds of thousands of convicted felons.

Meeting as the Board of Executive Clemency, the officials created a new system to automatically grant civil rights to offenders who have completed all of the conditions of their sentences, including probation and payment of restitution to victims.

The change ends the current five-year waiting period in Florida for convicted felons to apply for the restoration of those rights if they have committed certain crimes.

State officials estimate that about 80 percent of the 515,000 ex-felons in the state in those categories will now be eligible for automatic restoration of their rights.

The lone opponent, Attorney General Bill McCollum, argued fiercely against the change and cited opposition from the Florida Sheriffs Association, Florida Police Chiefs Association and Fraternal Order of Police, among others.

"I'm just very upset about this," McCollum said. "I think we're making a grave mistake today."

The Captain recommends that McCollum resign and go back to what he is good at - lobbying in Washington.

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

Anonymous said...

The ranking for Judge Young's Seat:

Former Judge Colby
County Court Judge Lindsay
The Q
Former Judge Ivan Hernandez
Miguel De La O

In fact- Captain you heard it here first- Thornton has no chance if De La O puts his name in. Its his seat for the asking.

Brad said...

Charlie Chirst has been the best Governors this State has ever had. Being a stong dem, I was very concerned at another republican administration, but if you look at how Chirst has conducted himself in office, he has been GREAT! Without question, he gets my vote next election. Keep up the great work!

Anonymous said...

They got to get Lindsay on the circuit court bench. The bench has rarely seen her combination of judicial smarts, experience, and the lightning fast way she arrives at decisions. She is destined for greatness!!!

Anonymous said...

phooey on Lindsay and Phooey on Thornton
and phooey on De La O
the only person who is a sure go

is Sarduy Sarduy Sardueeeeeeeeeeee!

Anonymous said...

Adrien applied for Judge Young's seat until he was gently informed that he was already a circuit court Judge. "But" Adrien replied, "now the governor can appoint me as well."

Time will tell about our local legal genius. Only time will tell.

BTW I'll hop on the De La O bandwagon right now.

Anonymous said...

All of you can sit there and hate the fact that Judge Adrien is on the Bench and will remain there for 1,000 more days without you being able to stop it.

Since I put him there, I will also keep him there no matter what.

Batman, you think you are tough? Then meet me at La Mia Supermarket tomorrow at 1 pm to discuss your stupidity. By the way, learn hot to spell. Cannot is one word!

Anonymous said...

Hey, let me ask this...Are you guys exaggerating the "no discretion" of the prosecutors, or is it really that bad? When I was a prosecutor (between 93 and 96) for the most part we had discretion to close out our cases. It was a lot easier to close out the "c" cases and "b" cases, but "a" prosecutors closed their cases too. The attitude from most of the DC's in the office was, "just don't piss anyone off enough to warrant a phone call." AND the judges...they weren't afraid to close cases out. The way you guys describe it now, it sounds just like broward county. IS IT REALLY THAT BAD?

E. Garcia

Anonymous said...

To the one person who doesn't regret his vote for Adrien- may the good lord bless you with the opportunity to have a loved one before this out of control buffoon and watch him max that person out for no other reason than he is so insecure about his position and authority that it makes him feel tough and justified and that he's earned what was clearly a fluke. There isn't an individual alive who has ever sat in chuckleheads courtroom who thinks he is half the Judge Hank Harnage was.

The O said...

Miguel De La O for circuit???

Close your eyes,

Become The O,

Gov. Crist will feel the power

when he appoints The O

Anonymous said...

You hate Adrien because of the color of his skin. Why do I say that? Because Judge Newman is probably the worse Judge to ever be a Judge and no one dares to put him in his place. Whatever!

I will defend Adrien and you will learn to love him.

I mean, look at Mindy Glacier. Can't get worse than that and she got no opposition. Wait, you can get worse. Look at Judge David Miller. Equally bad.

Anonymous said...

speaking of things guys like - how about the two hottie pds trying a case TOGETHER in A. AZ's courtroom last week? how did we all miss out on watching that one? ill bet the state never had a chance. notice needs to go out next time those two try a case.

fake al goldstein said...

Miguel De La O sounds like the name of a Spanish porn star who I used to work with and he would make a great Circuit Court Judge.

Batman said...

to 6:53 who is proud he put Adrien on the bench. Good for you. However "cannot" can be spelled either as one or two words. However the last time I looked the word is "how" not "hot". But then again you clearly have the intelligence to vote for Adrien and be proud of it, so that speaks for itself.

P.S. I bet like most who voted for Adrien you had second thoughts the minute you published your comment and realized the idiocy of your act.

Anonymous said...

This whole whine fest about asa's with no discretion or judgment missees the point. The problem is that the quality of the new lawyers at the SAO has reached new lows. the asa's dont even stay in a slot long enough to take the time to investigate and realize how crappy some of their cases are. The supervisors themselves do not have enough experience and have not tried (and lost) enough cases to know the difference between a good case and a shitty case.
For the last 10 years they have had the Career criminal policy as well as 10-20-life and as both an ASA and defense attorney practicing during that time i can tell you it has gotten worse in the last 2-3 years than ever before and there has been no difference in the lack of discretion--just more ineffective asa's dealing lacking the ability or desire to explain to a supe why a case sucks nad get the right result.

Anonymous said...

I've had to try a few cases to get a JOA because the prosecutors didn't want to nolle prosse and preferred a JOA for their statistics.

Anonymous said...

Sometimes prosecutors appear to have no common sense, but, more likely, what they don't have is the balls to use common sense.

Anonymous said...

Gov. Crist sucks. Might as well change parties.

Though, Gov. Bush sucked even more.

But, we know Charlie has a Secret!

He surely can share it with McGuillis! ;-)

Batman said...

To the Public Adrien Defender:

The topic of conversation is Peter Adrien. Don't employ cheap racisim charges. Elected Judicial Officer Adrien is the source of scorn due to his own stupidity. He is never going to be an adequate judge, let alone a great one. Many judges have had their day on this blog and will again.

By the way the word is "worst" and Mindy spells her name "Glazer". Glacier is french ice cream.

lifelong democrat said...

Charlie Crist has indeed been a pleasant surprise, and, if he flushes bigoted homophobes such as 1:25 a.m. out of the G.O.P., he has done us all a big favor. I would actually rate Charlie over top Florida Democrat Bill Nelson at this point (although I still think Jim Davis would have made a great Governor). Real Democrats will never forgive Nelson for voting to eliminate Habeas Corpus rights and sanctioning torture last year because, apparently, he though that Republican Basket Case Katherine Harris had pulled within 30% points of him. In a straight race for anything between Crist and Nelson, I would probably--for the first time in my life--vote for a Republican.

Anonymous said...

TUNIS should, and will get a serious challenger for the 2008 race; a challenger who will have the support of those who remained neutral in the Schwarts-Mendez; Schwarts-Sanchez-llorens, Hernandez-Faber races, and so on. This is for those who like to compare races and results, and brag that Gina could not unseat Larry or Migna unseat Shelley. Tunis, in her arrogance and omnipotence, has upset some of those who worked on fending off the Hispanic challengers in some races, and who remained neutral in other races, saving some judicial seats sought by Hispanic challengers. Some of these individuals remained neutral in the Ivan Hernandez race, believing Hernandez showed poor judgment in dealing with the whole Arce matter. More pointedly, Arce’s assault on Judge David Miller, I am told, was a key factor in their decision to let it go. Now to the present, it seems Judge Tunis has twice crossed the line, offending and demeaning, and knowing what I know, I will bet her lapses in discretion are sure to haunt her in 2008.

Anonymous said...

ASA's need more latitude period.

Anonymous said...

Oh, what a fun science project it would be to swap for one day all the Miami ASA's for all the Broward ASA's.

My hypothesis: More than half the Broward ASA's would go home in tears b/c the Judges and defense attorney's beat them down.

More than half the Miami ASA's, once in Broward, will quit before lunch b/c Satz sucks and the Judiciary is too chicken shit to get involved in pleas.

Anonymous said...

children of the blog, let's not use the word hate. Nobody hates Judge Adrien. Some like his style, some don't. that's all. From what I've been hearing and what I've seen, he's not a good judge. It's true that he's insecure and covers that by berating inmates and staff, but hopefully that will change over the next 999 days :-) well, maybe. Happy good Friday and Happy Easter.

Anonymous said...

ASA's are forced to try crappy cases because their superiors are looking for them to move mountains with their talent. The old "you can do anything you put your mind to" mentality seems to apply to the extent that superiors are expecting ASA's to breathe new life into cases on life support. When ASA's fail at such tasks, then they are considered incompetent. When ASA's succeed, then they are rewarded as being a take no prisoners kind of ASA. Courage is one thing - job security is another. ASA's have been forced out and de facto terminated. Sprinkle a little interoffice politics into the mix and you get a band of dysfunctional public servants with egos and a smattering of ASA's who have survived that have some common sense yet still.

Judge Adrien said...

Girl you know it's true......

Anonymous said...

6:18:00 p.m. you are correct. That's pretty much what goes on in the SAO. It's part of the office culture and has to do with sparing embarrasment to KFR in a future election. If they paid prosecutors a decent salary so that they could hire more experienced and common-sensical attorneys we'd have a much better office. Maybe the SAO should go back to the vertical prefile system where ASA's prefiled their own cases and got rid of garbage cases either through no-actions or bind-downs because if they didn't they would end up with such dogs in their case load. The office is too top-heavy with too many chiefs of this and chiefs of that and there is a mentality instilled to the young ASA's not to give an inch and fight all the way even in the loser cases. Some ASA's, to their credit, use common sense and understand the law and the dynamics of cases and seek to do justice, which should be the goal of evert prosecutor, instead of going for convictions.

Anonymous said...

Good, commonsensical prosecutors know the weakness and strengths of their cases and make offers or nolle prosse cases according to the eveidence/witnesses available to them and the best interests of justice. Good prosecutors will start plea negotiations with an offer that's substantially the same as your counter-offer (provided you have honestly evaluated your client's own case).