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

Monday, May 07, 2007

WHEEL IN THE SKY KEEPS ON TURNING

We have been asked to post this information:

Save the Wheel committee said...

Rumpole, please let your readers know that there is a meeting on wed, may 9th at the Mahi Lodge (just sw of the Gerstein courthouse) at 5:30 pm. Pat Malloy, a top Tallahassee lobbyist ... will be there to answer all the questions re the wheel and to let us know how we can stop it [Rumpole's edit: "it" being the new system which abolishes the wheel] from being implemented. We need everyone who wants to save the wheel to attend. Thank you.

FUN NORTH OF THE BORDER

We received an email from an intrepid DBR reporter about to do a blockbuster article on the Broward Blog. You can check out the Broward Blog here: BROWARD BLOG

There is a nice link on the Broward Blog to Chief Judge Dale Ross's (motto: saying "dade sucks" with a southern twang is cool ) press conference with the Sun Sentinel in which the Chief blames much of the Broward Judiciary's recent woes on the Broward Blog. Well, he didn't blame all their woes on the blog, but in the best traditions of our humble Blog, Judge Ross took a couple of cheap shots. See, we knew all along he read our blog.

Here is what the brave Broward Blogger had to say about his Chief Judge's kind words:

I just wanted to add to my previous statements about Judge Ross saying we are "undermining" the judiciary. I've been fielding calls and questions all day on this issue, and I've gone from bemusement to anger. The bottom line, in my mind, is that this type of judicial behavior is nothing new in Broward, and that these judges don't need my help, or this blog's help, in undermining the 17th Judiciary. They are doing a great job all by themselves.

You got to love that last line. Long time and careful readers of the blog know that we are baseball fans. When Judge Ross said the Broward Blog was undermining the Judiciary, that is what is known as a hanging curve ball. Our Broward Blogger hit a home run. Nice job.

Here are some more gems from our favourite Blogger North of the Border:

For Judge Ross to deflect the obvious flaws in his leadership, and the obvious flaws in the dysfunctional thinking of the judges that are causing this mess, by attempting to scapegoat this blog, is, frankly, despicable. A leader accepts responsibility for his performance, and the actions of those he is responsible for, and for Judge Ross to somehow assert that this blog is undermining the judiciary by shining light on the judicial hijinks and politics that have nearly wrecked this Circuit, is, in my opinion, more evidence that this judicial administration is self-serving and out of touch with the pulse of our multi-cultural community. Lastly, I resent his comment that we want the judges to fail. Not true. To be perfectly clear, what I want is for judicial administration to climb down from its self-constructed Mount Olympus, and open a dialogue with the community.

My oh my this Bill Gelin is good. You sir will never pay for a drink when we are in the bar (and when we admit our identity, so unfortunately you will still be paying for drinks for awhile. But its the thought that counts, right?)

Say what you want about Dade, and lord knows we have said a lot in the last two years. But Judges Blake and Slom in the criminal courts have been responsive to the attorneys and the community and work hard to make life easier for all of us. You can hardly say either one of them inhabits a Mount Olympus. And although he has not been brave enough to sign his name to a comment on our humble blog, Judge Farina has always been open, honest and responsive in dealing with the attorneys in Dade. Perhaps a good motto for our chief judges might be: "We're not perfect, but at least we're not like Broward."

Well, knowing our deep respect and abiding love for the Judges North Of the Border, we turn again to our modern Bard, Mr.Bruce Springsteen, and quote from Tenth Avenue Freeze Out:

"I'm just gonna sit back here and laugh, while the Scooter (Judge Greene) and the Big Man (Chief Judge Ross) bust the city in half. "

See You In Court.

31 comments:

Anonymous said...

The next line of that Journey song is:

"I don't know where i'll be tomorrow"

Anonymous said...

Why do you say Rieff and Catalano rank high in the DUI ratings? I have never seen nor have I ever heard of them winning any suppression motion. Motions for depositions don't count. KNP's or breakdowns for officers failure to appear don't count. Catalano never tries a case and the last case I know of that Reiff tried, he lost.
However, I've seen Blecher and Hersh make some good tactical and strategic procedural moves hoping to get that KNP which, will only lead to a re-file.
What gives? Someone give a concrete example of where they really got one over on the State.

wheel of fortune said...

Is the purpose of this meeting to re invent the wheel?

I think everyone involved is just spinning their wheels.

I am not going to go if I will be a third wheel.

What is wheely going on? Is this for wheel?

Wheel we all be ok?

Is Save the Wheel a knock off of Save the Whales?

Rumpole said...

Ahhh..now give 8:23 an award. You Sir/Madam are a careful reader of the blog. You just don't know how many secret jokes like that that I do that go over almost everybodys head. You got it. Take a bow. I would say you have above average intelligence.

Judge Sammy said...

A torch song:

I would like to dedicate this song to my good friend SPD Wheel. Who'se been around and never let me down. But what I couldn't know, that no one could really know, is she BLLEEPED every lawyer and politician in this BLEEEPED UP BLEEPING town...

YOU BLEEPING WHORE! YOU USED ME! YOU BLEEPED EVERYONE!!! AWHH YOU KNOW WHAT YOU DID!

SURE, I DID ALL THESE BLEEPED UP CASES FOR YOU AND WHAT DO I GET! NOTHING! I SAVED LIVES FOR YOU, YA BLEPPING BLEEP. YOU THOUGHT THERE WAS A FIRE AND YOU BLEEPED THE WHOLE FIRE DEPARTMENT. YOU ONLY READ MOBY DICK BECASUE IT HAD THE WORD BLEEP IN IT!!!

I KNOW WHEELS LIKE YOU. YOU BLEEPING MAKE STEVE PERRY SOUND SILKY SMOOTH WITH HIS VOICE. YOU'VE GOT A DEEP THROAT ALLRIGHT. THEY EVEN USED YOU, YOU STUPID BLEEPING WHEEL. NOW I CAN'T WIN THESE CASES BECASUE INCOMPETENT BLEEPS LIKE TRIALMASTER (who has yet to try a case word has it) PLEAS EVERYTHING!!!

I LOVE YOU WHEEL. COME BACK. I WANT MY BLEEPED UP TRIALS!!! YOU DROVE ME TO RETIRE!!! I TRY THESE CASES AND WIN. YOU BLEEPED IT UP.

Love,
Ret. Judge Sammy AWWWWWWW AWWWWWWWW

Anonymous said...

I love Journey!

Anonymous said...

Rumpole, the court appointed lawyers have given their blood, sweat & tears to the wheel, and should know the following:

What goes up must come down
Spinnin' wheel got to go 'round
Talkin' 'bout your troubles it's a cryin' sin
Ride a painted pony let the spinnin' wheel spin

You got no money and you got no home
Spinnin' wheel all alone
Talkin' 'bout your troubles and you never learn
Ride a painted pony let the spinnin' wheel turn

Carrie Underwood said...

Jesus take the wheel
Take it from my hands
Cause I can't do this on my own
I'm letting go
So give me one more chance
To save me from this road I'm on
Jesus take the wheel

Rumpole said...

Ok folks-10pm Rumpole logs off. All comments will go up in the morning. Don't forget to check out the Broward Blog. Hot stuff these days. See ya in court.

Anonymous said...

Thank God for Stan Blake & Sam Slom! Two real good guys prove part of the difference between Miami-Dade and Broward!

Anonymous said...

Tuesday is Election Day at Sweetwater aka Mayor Manny Maroño's City which is protected by KFR.

This is what will happen. Maroño wins, no charges will be filed. Maroño is defeated, the State will make an example out of him.

Stay Tune for another episode as how Kathy and Bob abuse the system.

Jason Grey said...

Here is a situation I wish to address. At county court soundings defendants are not required to appear if represented by counsel, (good idea). The problem occurs when counsel is late, or screws up and fails to appear, and a bench warrant is issued. Not for the lawyer, but for the defendant. This seems a bit drastic since the defendant should not have been there in the first place. A better rule would be that in the event counsel fails to appear the defense is deemed to have announced ready if the state is ready, and the defense would be charged a continuance if the state is not ready.
I just thought of this (yeah, you can guess why I was thinking about it), I haven’t had a chance to discuss the idea with Judge Slom but it seems to make sense. Such a policy would save court time, attorney embarrassment, and client hysteria. What say you?

CAPTAIN said...

THE CAPTAIN REPORTS:

Alex Michaels, "The Mad Romanian" strikes again:

Mr. Michaels was held in Contempt of Court a couple of years ago - in Naples - when he defied a judge's order during trial.

Here is a summary of the story from the Bonia News:

A Miami attorney convicted of contempt of court in Naples two years ago recently lost an attempt to end his probation early.

It turns out that Alexander Michaels’ case fell through the cracks and he didn’t begin serving probation until this spring, months after his appeal was denied in September.

Michaels was convicted in July 2005 after saying “pissed off” in front of a jury after Collier Circuit Judge Cynthia Ellis had warned him not to repeat the phrase. The conviction also involved him telling jurors — after being warned not to mention what his client could be sentenced to if convicted — that he could face life in prison, which was untrue.

Michaels’ defense attorney, Donald Day, recently argued in court that the probation should be terminated early because his client had been punished enough by the courts and the bar association and already complied with all sentencing conditions. He pointed out that others convicted of misdemeanors aren’t forced to drive to other counties to pay a $70 fee.

“Frankly, your honor, I’m not sure what that’s going to accomplish” Day said, suggesting Michaels should be allowed to serve probation in Miami and mail his payment to Collier County.

“One of the purposes of sentencing is punishment,” the judge said. “If he doesn’t serve his sentence, what form of punishment has he had?”

But Michaels then argued he was being punished for a comment he made to a probation officer who wanted him to drive to Collier County as Hurricane Wilma was arriving: “I said, ‘You must be out of your mind. I won’t jeopardize my life because of your ego.’”

Since then, he said, he’s been penalized and has to drive two hours to get to the probation office in Naples.

“He’s singled me out for everything I do,” Michaels said of the probation officer. “It is absurd, in my opinion, for Naples to supervise me. I am in Dade County courts every day practicing law.”

He said some are upset with his tone of voice, but it’s been like that for 50 years.

“It’s not disrespectful, it’s the way I talk,” he explained.

Schoonover wasn’t swayed and denied the motion to terminate probation early.

The full story can be found here:

http://www.bonitanews.com/news/2007/may/05/lawyer_who_said_pissed_court_remains_probation/?local_news

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

Anonymous said...

I don't know how well you all know Alex ..... Unfortunately, as we all know, he has a terrible temper and his mouth moves faster than his brain (or anyone elses', for that matter). But, he really is a decent and likeable guy. I got a chance to spend some time with him. He's dealt with a lot of things that most of us wouldn't wish on our worst enemies. I wish him and his son nothing but the best.

Anonymous said...

probation officers are essentially babysitters with a fresh, polyester uniform. for them to have an ego is laughable.

free alex michaels

Anonymous said...

Why no coverage about Saturday night's FACDL dinner, Rump? Nice ad in the booklet.

Anonymous said...

Alex Michaels is a total embarrassment to the Florida Bar. How he still has a license to practice law is beyond me. I hope he runs out of gas in the middle of Alligator Alley on one of his trips to Naples.

Anonymous said...

From a FACDL e-mail. "Lawyers in Broward were paid $6.6 million during the 2006 fiscal year. Broward outspent more populous Miami-Dade County by $600,000. It outspent similarly sized Palm Beach County by $3.4 million."

That is why the e-mail is bye-bye.

Anonymous said...

from the ONION; one of the consequences of winning trials is that it becomes more difficult to get trials so do not criticize a lawyer by saying "the last case I know of x trying" . furthermore the best lawyers are assigned the most difficult cases, often where "winning" is out of the question or do you expect not guilty verdicts where there is a confession and dna. The mathematical equation is something like this: x (number of trials per year) is proportional to Y(fear factor of sao attorney of defense attorney's reputation times .001(percentage of fearless asa's) divided by the health and ambition of defense attorney to further enhance reputation - his financial situation at the time. the result- great attorneys hardly ever get trials after they leave the pd or sao- maybe 2 a year. if you are doing 20 dui trials a year as opposed to 2 life felonies, well you get the picture. dui trials compared to murder is comparing tball to the world series. if you are an expert on the breathalyzer than you are in high school-still a long way from the big leagues.

Rumpole said...

Ohh if I commented on the FACDL dinner then maybe someone would try and figure out if I was there. And I rarely comment on where I am, except if I say I'm in trial and there is no possible way for anyone to figure it out- like I did a few weeks ago. But the dinner was nice huh? Great ad too.

And what about the Fed PD conference in the Keys? Will Rumpole be sipping Pina Coladas all weekend?

Anonymous said...

Judge Ross calls us down here...

Miama lawyers. (Old southern way of insulting us) Kind of line NHI.

He is a real jerk and he is THE problem in Broward.

He abuses everyone.

Anonymous said...

To whoever wrote that note about Catalano and Reiff, get your facts straight.

At least Catalano and Reiff really dig into cases and try to win.
That is why the rich and famous hire them and not you guys who show up and plead everything out.

Have you ever watched those guys work? They are always super prepared. They show up with experts, photos, diagrams and have actually subpoened witnesses to testify.

That is why they are high up on the list. They don't do 1000 cases for 1000 bucks, they do a few for big bucks.

The Captain in the Know said...

The following candidates will be interviewed by the Eleventh Circuit Judicial Nominating Commission on Monday, May 14, and Tuesday, May 15 in the evening.

Peter Abraham
Carol Jodie Breece
Abigail Cynamon
Joseph Davis
Miguel De La O
Hon. Darrin P. Gayles
Lynette McGuinness
Hon. Shirlyon McWhorter
Rima Y. Mullins
David M. Peckins
Alan Sackrin
Flora Seff
John W. Thornton
Marie Jo Toussaint
Lisa Walsh
Dwayne Edwards Williams

Anonymous said...

Rumpole,
Moderation has really taken its toll on your blog. Everything is so PC now its silly. Blogging is supposed to be fun and exciting.
Now your blog comments section is filled with the same old sub-plots
and non-sense no matter what the
subject of your original post.
It was better before. People need
to get some thicker skin.
Scott Africa

Anonymous said...

Catalano thanks for the bio update

Anonymous said...

Free Alex Michaels! Free Scooter Libby! Free Larry Korda! Free Maryjane!

Anonymous said...

Thank you Rumpole for the discussion of the problems Broward is facing. The Broward judges are afraid of Satz and the SAO, and that presents a huge problem. Let's hope Steve Melnick wins the election over Satz and the JAABBLOG (Broward Blog) continues to put pressure on the Judges up there.

Rumpole said...

Can't post the comment calling the lawyer a school girl- its a slur on sexual orientation.

As to "Mr Africa" about people needing to get thicker skin- you miss the point. You people are free to do whatever you please- as our law school professor used to say " you can do whatever you want so long as it is not illegal, immoral, or fattening."

BUT I CHOOSE not to allow MY BLOG to be used to hurt people. See the difference? Its an ontological distinction.

Anonymous said...

spicoli rules

Anonymous said...

Did the post go through about FACDL? Whether you were "watching" and "monitoring" from your yacht...or elsewhere, I imagine you have comments about the night, Rump. The men in tuxes, ladies in gowns, speaches, awards, honors...no comments from anyone?

Anonymous said...

to the person who commented about catalano, and reiff. You must not read the Fla Law Weekly Supp. Their names are all over it. they both have won very difficult cases on motions, and let's not even talk about the trials. They are not afraid to get agressive with Judges, the state, witnesses or officers.
So, next time you comment, go sit in one of their trials or motions first, and then you might want to re-type your comment, and rethink your opinion.