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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, May 01, 2007

NEWTON AND THE BOSS

Philosophiae Naturalis Principia Mathematica

Sir Issac Newton is one of our very favourites. His Principa Mathematica changed the way we saw the universe . When he sat down to begin the Principia, he started with three laws, commonly referred to the laws of motion.

Maybe Newton can assist us today.

First Law of Motion: Inertia: Inertia describes the Florida Legislature. They tend to do nothing until something makes them do it.


Newton wrote:
Every object in a state of uniform motion tends to remain in that state of motion unless an external force is applied to it.

Our inert politicians were just sitting on their front porches in Tallahassee, sipping ice tea, and laughing at Miami (“Wait..wait…wait…it gets better. They actually think we’re gonna build them a baseball stadium so those buncha drug addicted illegal aliens [That’s Tallahassee speak for the general population south of Broward] can sit and drink …whatta they call it? Cerveza…watchin a ball game” [General laughter amid the spitting of tobacco juice in spittoons]. ).

The Court appointment system was merrily rolling along until a group of politicians decided to change it. The politicians were the external force, and they have changed the system, probably for the worse.

Second Law of Motion: Acceleration.

Force equals mass multiplied by acceleration.
The rate of change of momentum of a body is proportional to the resultant force acting on the body and is in the same direction

There’s no doubt the Legislature has mass. Lots of it where they sit…less of it between their ears. Force in Tallahassee is stated in this complicated mathematical term, where F=Force.
F=$$$$$

So what happened to us is $$$$x(m)ass=quick loss of court appointments.

The Legislature would do well to heed the third law of motion: The law of reciprocal reactions.

III. For every action there is an equal and opposite reaction.

Example- Some guy named “Hep” slapped his knee and spit tobacco juice in Tallahassee , and some lawyer in Miami was soon asked to represent some kid charged with murder for $10/hour, 20 hour cap.

The politicians have changed the system. There will be an opposite reaction. There will be a price to pay and we will all pay it.


Money is the heart of the matter. Oh Susannah Nesmith’s fine article yesterday detailed the familiar story of young prosecutors and public defenders in debt, unable to pay their bills, and scrapping pennies for food at the end of the month. The same story can be written about school teachers, EMT techs, just about any profession that is valuable to society. Of course the real important people, the athletes and performers don’t have such worries.

Right now there’s lots of talk and plans and possible heroics. Long time and careful readers of the blog know that we often recommend turning to the Bard in times of stress or trouble. However, there is a more modern day Bard who often fulfills the same role.

And he wrote this poetry in Thunder Road:

You can hide 'neath your covers

And study your pain
Make crosses from your lovers
Throw roses in the rain
Waste your summer praying in vain
For a savior to rise from these streets
Well now I'm no hero
That's understood
All the redemption I can offer, girl Is beneath this dirty hood
With a chance to make it good somehow
Hey what else can we do now
Except roll down the window
And let the wind blow back your hair


And perhaps as we spend this summer waiting in vain for a savior to rise from these streets, we can contemplate life after appointments:

And in the lonely cool before dawn

You hear their engines roaring on
But when you get to the porch they're gone
On the wind, so Mary climb in
It's a town full of losers
And I'm pulling out of here to win.

Yes, we might just understand it if some of our colleagues packed it up and pulled out of here to win.

See you in court. We’re the one’s humming “No Retreat No Surrender” right before we pick a jury.

43 comments:

Anonymous said...

On April 27, 2007 a lot of us got sucker punched in the back of the head.

They took our money and our trial cases.

Is there anything we can do?

Anonymous said...

PEEL THE ONION; I am sorry to admit that I did not peel the onion back enough layers in analyzing the cutbacks in paying court appointed counsel. What the State is really doing is changing gears and saying that we are not going to go out of our way to insure that recidivists, career criminals, prr, etc. get outstanding legal representation so that they are back on the streets. Maybe crime will go down if the word gets out that you will be assigned a poor lawyer, but licensed lawyer just the same, he will be extremely limited in how much pre-trial work he does, and he will be not be paid for anY work he does that anyone with any pride would do in preparing a life felony for trial; i.e. depo summaries, motions, work on voir dire, visit crime scene. You will just be paid to do a few depos and review discovery. If you want a real lawyer fork over 3-5000 but then there is no money for depos. SO CRIMINALS BEWARE-STOP COMMITTING CRIMES OR AT LEAST SAVE MONEY FOR A REAL LAWYER. THE STATE IS HOPING THAT CRIME WILL GO DOWN BECAUSE YOU WILL NOT GET A GOOD LAWYER. THE MONEY SAVED WILL BE SPENT IN ONE OF THE FOLLOWING WAYS BY THE STATE: 1. HOMELESS SHELTERS 2. SPORTS ARENAS 3. HURRICAN SHELTERS 4. PARKS AND GYMS FOR KIDS TO STAY OFF STREETS 5.PURCHASE MORE TRAILERS FOR KIDS TO GO TO SCHOOL IN.

Anonymous said...

RUMPOLE FOR AMERICAN IDOL; the only song i have memorized is the oscar meyer song: My bolgna has a first name, its o s c a r, my bologna has a second name its m a y e r. Oh I love to eat it everyday, and if you ask me why I'll say, cause oscar meyer has a way with b o l o g n a. copyrighted.

Anonymous said...

Haney and Harris need to take some responsibility for their actions.

No one forced them to go to law school and acquire all that debt.
I tell all young people thinking of
going to law school who want to do public interest work, to go where scholarships are being offered or to go to in state lower cost schools. And if they did not know that they wanted to do public interest work, then they have to
leave the State, make some money for ten years and then they can always go back to the State once they have their situation under control.

They need to grow up and understand that in life you can't always have things the way you want them. So you chose to go to law school and have over 100k in debt. So grow up and get a high
paying legal job to pay off that debt. There are consequences to your actions.

Oh and by the way Susannah have you done a Chapter 119 request for salaries at the PD's office lately.
Well if you do, you'll see that they have over 20 lawyers making over 100k a year, most of whom haven't done half of the work that Ms. Harris has done in the past
five years. If they really want to keep her, they could pay her, but the higher ups at the PD's office
want the young guns to leave the office so they can keep their cush
job for themselves. Overall not a
very thorough story Ms. Nesmith. I
thought you would dig deeper than
that.

Rumpole said...

What did the legislators says to the lawyers at REGJB:

12th avenue freezeout.


I'm just in a Springsteen mood.

Anonymous said...

Rumpole, let's talk about some real issues of prejudice in some of our courtrooms. Here and everyhwere else. I' sure you've heard of the judge who refers to a black victim and black defendant(he was found not guilty, by the way) as NHI. Now, I've been around long enough, too long, to know that that's a prejudiced term. It basically means No Humans Involved. When white police officers respond to black on black shootings, or any vicious crimes, or Latino on Latino crimes, the prejudiced ones upon encountering the blank stares of the poor and grieving will basically say NHI. A judge has no place on the bench if that's the way he feels about people. As a person, when my client walks in a courtroom, I don't want some redneck judge to think he's not human because of the color of his skin or because of his accent. He should know better. This is far worse than what Imus said. Moving him to the civil division is not good enough. Black people visit the civil division as well. he needs to be removed from the bench and sanctioned. We're all humans, Judge Greene, no matter where we're from or what we look like. those 3 words are just as bad as calling a black person the N word. Shame on you, Judge, for what you said in a courtroom that's paid by the public. However you feel, if that's the way you feel, keep that racist comment out of public records. Defense lawyers should demand that he steps down and apologize for those words. The famous " I DIDN'T KNOW WHAT THOSE WORRDS MEAN" doesn't work for me. he knew what they meant, and he said them to specific people. that's inappropriate. SHAME ON YOU.

Anonymous said...

why dont we defense attorneys on the wheel all stop accepting appointments and watch the system grind to a halt. if they are going to mess with us, we have to use our collective power to fight back. many of us depend on that extra grand or two a month to pay the bills.

do not accept any appointments

Anonymous said...

Hey Captain, tell us who applied for Judge Young's seat.

Anonymous said...

Criminal Hater says i don't give a damn if someone kidnaps a 9 year old girl, rapes and kills her and then has the pd because state won't fork over 100k for a private attorney. If Couey had a court appointed private lawyer the bill would have been over 100k, 2 lawyers-death investigation etc. instead he get pd who puts up not much of a fight in a case with overwhelming evidence and no sympathy for defendant. so whats wrong with that and it should be the wave of the future. what is the down side- some arrogant defense attorney doesn't make a good payday trying to get a guilty maggot off on technicalities. if your sister were raped, friend murdered, child carjacked, would you give a shit if the defendant had a pd or conflict lawyer.

Judge Rob Pineiro said...

Horace,
You are quite right. Our courts depend on the conflict public defender representing those who cannot be represented by the PD. As judges we want to make sure a person who comes before us for judgment receives a fair shake. The only way to do so is to pay a reasonable fee for said defense. After all, when you represent one of our Florida residents you represent us all.
So do not loose heart and in the words of the same poet you quoted:
"Badlands, you gotta live it everyday
Let the broken hearts stand
As the price you've gotta pay
We'll keep pushin' till it's understood
and these badlands start treating us good."

Anonymous said...

Batman did you see the appendix that was just posted at:

http://www.courthousescandal.com/Appendix%20to%20Initial%20Brief.pdf

any new comments, whats your email?

Rumpole said...

Gotta love a Judge who quotes from Badlands. One our favourite songs.

Rumpole said...

Tomorrow we will call for the resignation of Judge Charles Greene in Broward County. His remarks are indefensible.

There is nothing funny about what he said. It was merely a peek into a dark soul. People like that should not have the responsibility of sentencing other people. He should not be a Judge, plain and simple.

Anonymous said...

Judge P: You're one of the best judges out there, but it's lose, not loose. Loose is what your pants were after you lost all that weight.

Fake Captain said...

APPLICANTS FOR JUDGE YOUNG'S SEAT

Shirlyon J. McWhorter
Joseph John Pecoraro
David M. Peckins
Patricia Jean Kyle
Steven Grossbard
Rima Youakim Mullins
Flora E. Seff
Lisa Walsh
Carroll Kelly
Darrin P. Gayles
Maria T. Armas
John W. Thornton Jr.
Rima Catherine Bardawil
William Ira Altfield
Miguel M. de la O
Stephen T. Millan
Fleur J. Lobree
Maria Sampedro-Iglesia
Abigail Elizabeth Cynamon
Alan Adrian Taylor
Lynette McGuinness
Josie Perez Velis
Peter Evan Abraham
Dwayne Edward Williams
Ivy R. Ginsberg
Marie Jo Toussaint
Alan D. Sackrin
Carol "Jodie" Breece
Maria J. Santovenia
Joseph I. Davis, Jr.

Anonymous said...

To Judge Piniero post: if it is u, or whoever it is, that is the same politically correct jibberish that led to them cutting back in the first place. why don't you say what you really feel instead of trying to sound dignified. you don't give a rat's ass about defendants, you do want to say the politically correct thing to the defense bar who finance your election campaign.

Winston Smith said...

Get off your damned high horses. We all say stupid things - even those who hold office. So what? There has to be a difference between a dumb remake and outright bigotry.

Should every public office who makes an inappropriate remark give up their career?

I would hate to see how much stupider and lazier the judges can get - but they will be politically correct.

Maybe the group that calls itself 'Liberty's last champion' can now get jobs as the THOUGHT POLICE.

Anonymous said...

To 9:40 agree that defense bar should strike, others exercise right to assemble, petition grievances- why not us, the people on the front lines defending the constitution. what we should do is a rally, march on the courthouse, did up dirt on wasteful spending and lay a guilt trip on Tallahassee. what is more important, the poor get a fair trial and decent lawyer or rich people have comfortable sports stadiums. have ready names of wrongly convicted and released because of dna etc. Now the response to the defense attorneys refusing cases will be something like this. GOOD MORNING MR. RUMPOLE, HOW ARE YOU. HI JUDGE I HAVE A CASE ON PAGE 6, ENTERING NOT GUILTY PLEA, DEMAND FOR DISCOVERY, CLIENT WRONGLY ACCUSED OF ROBBERY. WELL, MR. RUMPOLE I HAVE THIS CASE I WAS WONDERING IF YOU WOULD ACCEPT. SORRY JUDGE NOT TAKING ANY APPOINTMENTS. I SEE, CAN YOU BE READY FOR TRIAL IN A MONTH ON YOUR ROBBERY, YES LETS SET THIS FOR NEXT MONTH. JUDGE CAN I HAVE LONGER. NO. NEXT MONTH YOU GO TO COURT, PAY FOR GAS AND PARKING, TOLD TO COME BACK IN 3 WEEKS ETC. HAD ONE JUDGE MAKE ME COME TO COURT EVERY 3 WEEKS FOR 6 MONTHS ON ONE CASE WITH NOTHING EVER HAPPENING. THEY HAVE MORE WAYS TO SCREW US THAN US THEM.

Anonymous said...

11:48, if you or your sister or friend were wrongly arrested for any of the crimes you mention, and because the guy who really did it is being represented by the pd, who would you then want?

Anonymous said...

It's Miguel De La O's to lose.

Jason Grey said...

The Term NHI does not relate to race. The term relates to whether those within the Justice system should waste time and money in a situation where the participants live outside the rules of society. For example: Drug dealer 1 violently argues with drug dealer 2 over which has the right to sell drugs on corner X. Drug dealer 2 (who has 5 felony convictions), is faster on the draw than drug dealer 1 (7 felony convictions) and shoots drug dealer 1 dead. The police show up and of course, no one saw anything, but drug dealer 1's jewelry was stolen by his former street buddies, and his gun (like all guns), magically vanished the second it fell from his hand onto the pavement. Classic case of NHI. Plug in any color or race and the result remains the same.

Anonymous said...

If true Thornton wins. Big political Mojo there!

Anonymous said...

TO 313, I AM GOING TO CALL GHOSTBUSTERS.

Anonymous said...

Start calling him Judge Thornton now, the Big O will have to wait till Judge Emas is sent to the 3rd DCA.

Anonymous said...

Rumpole, please reprint the list of applicants for judge youngs seat and seperate into 4 categories:

Losers from the last election,

perennial applicants who are dying to make $130 grand,

beyond unqualified, and

people who no one has ever heard of.

You'll have one name left,

guaranteed.

Anonymous said...

Everyone knowns that Shirlyon J. McWhorter will breeze through this and get the open seat.

She was wronged n the Sept 5 election and should have been retained.

Mark my words that she will get the spot.

Anonymous said...

Isn't it time for the very best depo taker the justice building has ever seen- David Alschuler- to be appointed to the bench? Come on Giv Crist. Do da right thang.

Anonymous said...

5:04 - McWhorter was "wronged" in the last election?

You mean "defeated," don't you?

Anonymous said...

Miguel de la O??? John Thornton??? Well, they're no Simon Steckel, that's for sure, but I'd guess they'd do ok as a Judge.

David Ignatius Alschuler for Judge!!!!

Anonymous said...

What if no attorney applies for the new criminal conflict office? That would be an effective organized protest. BTW, Flora Seff, Lisa Walsh, John Thornton, Fleur Lobree, Judge Kelly and Judge Gayles should all fall under the category of qualified to be judge.

Anonymous said...

me on you. I cannot believe that you believe that some of the type of people you represent are not human? What are they? Dogs... cats.. apes? I am sure that the mother to one of those lost souls believed that her dead child was human no matter what path he or she chose to follow. SHAME SHAME SHAME!!!!!!!!

Anonymous said...

people dont "get off" on technicalities. these technicalities that you speak of are actually referred to as constitutional protections in the more intellectual circles.

if someone does "get off" on a technicality, dont blame the defense attorney, blame the stupid cop who cant follow the law.

Anonymous said...

Steven Grossbard? Be serious. That list can't be accurate.

But if it is, my prediction of who the JNC sends to the Guv:

John Thornton
Lisa Walsh
Miguel de la O
John Davis
Darrin Gayles
Shirlyon McWhorter

Anonymous said...

I would like to know how many of the people who are currently accepting wheel cases will apply for the reigonal office.

You are not compalining about representation, you are complaining about money, and in the law that is wrong. A adequately staffed pd office will be able to do just as good of a job.

Anonymous said...

Si Si Si for Judge

Anonymous said...

Judge List; peter abraham is more dedicated to being a basketball statistician than lawyer, pecoraro is totally unfit.

Anonymous said...

We're looking into cases where inamates in Miami Dade Corrections didn't get adequate medical treatment and are trying to document as many cases as possible for a possible DOJ civil rights complaint to try to clean up the jails. Any help would be appreciated.

David Kubiliun

Anonymous said...

7:25 asks - I would like to know how many of the people who are currently accepting wheel cases will apply for the reigonal office.

Everyone.

Anonymous said...

david alschuler and simon steckle mentioned in the same sentence is like lumping the following together: aspirin and beer(idi amin), orange juice and mustard, chocolate and clams, pavarotti and 2live crew, mozart and scales, world series and tball, kim basinger and women in n.o.w., picasso and kingergarten finger painting, getting laid and getting audited, sniffing fresh pizza out of the oven and sniffing coke, nice and bad, dignified and classess, the rodeo rider and the clown. etc. if there was ever a lawyer who has probably done so much shit that he shouldn't have a license anymore which one do you think it is- talk about a shark, he would charge his mother a fee.

Anonymous said...

if some defendants are not the equivalent of maggots then why do we have a death penalty, provisions for attorneys to ethically refuse to accept the defense of certain clients. top ten miami dade not human list. feel free to contribute. 1. Couey-kidnap, rape and kill 9 year old girl- MAGGOT. 2. Conde-serial rapist and murderer= slug. 3.Chavez-kill, rape, dismember Jimmy Ryce=vulture 4. 4-10?

Anonymous said...

I hope McWhorter gets appointed. That way I will have an incompetent judge to run against.

Anonymous said...

miguel de la o? his claim to fame is defending an allgator

Anonymous said...

McWhorter was defeated in the last election for a reason. She was not a good judge. Actually, she sucked, and deserved to be unseated.
She needs to go back to the State and sit in the FSU.
I BET $1,000.00 she will not get re-appointed.