Thursday, June 14, 2007

RESIGNATION OF JUDGE KLEIN

The Daily Business Review published an article today on the sudden resignation of Judge Gerald Klein. The gist of the article is that Klein submitted his resignation, after serving 48 years on the bench, after the Dade State Attorneys Office filed a complaint with Judge Farina regarding Judge Klein’s comments to a female assistant state attorney.

Here is the link to the DBR Article:
JUDGE KLEIN

We came of age practicing law when female lawyers were still sometimes ridiculed, propositioned, or otherwise not taken seriously. There is never any excuse for treating another professional in a demeaning manner. If that did occur here- and we should note that what has occurred is just a complaint and a resignation- no finding of guilt- then Judge Klein was right to resign.

Judge Klein served this community for 48 years. He has a right to be remembered as a hard working, honest, and decent jurist and man. We are terribly sorry that he ends his distinguished career in this manner. However, even if true, one blight should not otherwise erase decades of outstanding service.

For decades Gerry Klein has not only been a fixture in the courtrooms of Miami, but also on the golf courses of Miami Beach, and we are certain that anyone so inclined can will be able to find him most mornings teeing off. Keeping with the golfing references, we can't help wishing that even if the accusations were true, that after 48 years of service, this man was entitled to one, well earned, mulligan.

Forgive us for being rank sentimentalists, but in many ways this is the end of an era.
We will miss Judge Klein; we wish him godspeed and we hope that he enjoys his well earned retirement.

See You In Court, waiting in what promises to be very long lines at bond hearings.

73 comments:

Anonymous said...

Yes, "one blight should not otherwise erase decades of outstanding service."

But in today's day, it does.

Maybe we should re examine that.

But we wont. We live to see failure, it keeps us happy.

Anonymous said...

Guess this story didn't have much "teeth." Who was the ASA?

Anonymous said...

Rumpole
You are showing your true colors-you are a lesbian.
Judge Klien should not have resigned. The assistant state attorney is obviously a looser feminazi and if her name gets out, she will no doubt, never win a popularity contest in this town. Rumpole, grow your balls back....

Anonymous said...

It's amusing to read back to Rumpole's first paranoid ravings about a SAO "misdemeanor sentencing" conspiracy as why Judge Klein was taken out of bond hearings. 3 or 4 sources, huh? What a bunch of fictional horse poo made up to feed Rumpole's own delusions.

Anonymous said...

Rumpole, the anonymous poster whose post you erased was right on the money. He or she gave you the heads up and you had the exclusive news before the DBR had them, but you dropped the ball. This could have been another hit for the blog.

Rumpole said...

2:09- you keep leaving posts saying I'm showing my true colours. For the record, my true colours are 1) Aqua and Blue of the Dolphins 2) Eton Blue (which is really more green than blue) to remind us of our glory days on the pitch at Eton.

I have been called many things- in person and on this blog. But "lesbian" is not one of them. To paraphrase Seinfeld "not that there's anything wrong with it."

Anonymous said...

To anonymous 2:09 p.m. Any woman who complains about perceived sexual comments is a lesbian, because any real woman would of course, welcome all comments about her body and her appearance, whilst attempting to practice law. I wonder if it works if you turn that around to a guy. Hey there counsel, what a nice fat rear end you have, all the better to squeeze. Sorry, were you saying something? I wasn't listening, all I could do is just stare at the outline of your crotch.

Rumpole said...

2:52- let me explain how you are wrong, and why I make no pretensions to having "journalistic integrity".

I sent Judge Blake an email which basically said- "these are the three rumors I have heard. If the issue was an inappropriate remark, then I have no desire to cause Judge Klein any embarrassment and I will let it go." I did not hear back.

Let me be clear on this- I have such respect and fondness for Judge Klein that if he had resigned for that reason, I would not have mentioned it at all. If he had remained on the bench, I would have felt compelled to write something.

Is that fair? No. Is that an example of journalistic integrity? far from it. Is that an example of me playing favorites with someone I like? You betcha.

I have never said this was a newspaper/journalistic type of blog, and I make no pretensions to such cold blooded fairness. I do my best to keep the blog clean, and I have not yet sat on a story that could embarrass a friend. But am I promising I will not do that in the future? no way. I just might. Sorry.

Anonymous said...

Rumpole,

Although there's been some strange goings-on over in Davie with the local football team, I hadn't noticed that they'd changed the colors form aqua and ORANGE to aqua and blue....

Rumpole said...

We have the best readers in thw world. One simple slip up, and BAM they are there to immediately catch up in our mistake. W

Well, there you have it folks. Our mistake for 2007. Oh well. Nobody is perfect.

Aqua and Orange...Aqua and Orange...Ricky Williams is starting at RB..Daunte Culpepper is throwing the rock...Jimmy Johnson is the coach...all is good, right?

Anonymous said...

If it's true that Judge Klein with his advance age made those comments to the ASA, all we can say is: "You stud! You da man!"

Anonymous said...

As a former ASA who did many bond hearings with Judge Klein in my three years in the office, I think he is a nice guy. He's also a WWII veteran who served his country honorably. With all that being said, he also personified the liberal bench that is Miami-Dade county. I think he just became numb to all of the defendants charged with serious crimes that came before him over the years. His bonds were generally way too low for serious crimes. Dade County will be a safer place with him on the golf course. Sorry defense attorneys.

Anonymous said...

OOOPS...and thanks for not striking back with my form/from typo!

Anonymous said...

I have to agree with 2:56. Rumpole, if Klein had made an inappropriate comment about your client then you would be quick to call him on the carpet for it. But because he allegedly made the comment to an ASA, it's ok. I mean, gosh, it's ok to have sexist judges demeaning professionals in their courtrooms as long as they are polite to your clients.

Anonymous said...

There DBHR article suggests that there may be some truth to the rumor that the SAO was trying to get Gerry out in order to start habitualizing misdemeanants:

"When asked about whether or not Klein’s departure had anything to do with complaints about his perceived leniency, Sigler indicated there had been previous complaints about bond court.

“We will not comment on rumors,” she wrote. “However, the state attorney’s office did raise a general issue, and not related to any specific judge, relating to pleas being taken without an adequate plea colloquy. This has come up recently as a result of prosecutors requesting enhanced sentencing on misdemeanor offenders.”

I wonder if Don Horn used the ASA's alleged comments about Gerry as a convenient excuse to push for his ouster. That'd be sad because what the SAO calls "leniency", the rest of the world calls "fairness". Gerry was able to get rid of many crappy cases and his PC determinations were accurate and fair.

Maybe it's time to have a chief of county court at the SAO with a bit of life experience, common sense, and perspective. I haven't seen one with those qualities at SAO county court since the late 80's.

It's a shame that the SAO wastes so many resources in misdemeanors while the Herald reports weekly about city and county multi-million corruption cases that the SAO hardly touches.

Rumpole said...

You are both 100% wrong. I have already written that it is wrong and there is no excuse for acting in a way that demeans anyone, especially when the participants are supposed to be professionals.

What I did say was assuming he did do it- 48 years of unblemished service to this community might, just might, entitle him to a little counseling, a letter of apology, and resumption of his duties. If he did it- he was wrong. I just think he deserves another chance, if he wanted one. Maybe he was tired of this anyway. I am fond of Judge Klein. I am sorry to see him go. I will miss him. And I have not hidden my feelings in this matter and pretended to be something I am not. In this case, I have a bias towards the accused. I would not be a fair judge in this matter.

Anonymous said...

To 4:31:00, we are all adults here. That ASA and Klein are both adults and he was not her employee, so, all she had to tell him was "Ha, ha, ha, great-grandpa, you are soooo funny!" and that would have been the end of it. Who knows, maybe she made the complaint to be transferred out of bond court, but Don Horn decided to get Klein out instead.

Anonymous said...

Rumpole, all Klein needed was a gentle reminder about the age difference between him and the ASA. Anyways, was it so hard for the ASA to ignore him? Maybe that's just what she did and the SAO used her comments in the office to complain to Farina when she never intended that.

Gerry Klein was a very good and very fair judge who wasn't obsessed with cash register justice like our current young judges. The mas was an asset to the system and will be sorely missed.

Anonymous said...

Judge Klien simply said that to a female ASA, who was an athletic tye that she had great legs. It was said about one year ago. The ASA complains NOW?

This was a set up. They just wanted Gerry to wack the habitual misdemeanor people and not give them CTS.

Gerry did a great service and we will miss him.

Cupable o No Cupable? said...

gerry will be missed.

as a young asa with no team of overpaid, disconnected superiors looking over my shoulder, i was pleased as punch to hear judge klein offer his short, sweet and useful plea colloquy:

"senor. cupable o no cupable? cupable? okay, puede ir"

translation for the locally-challenged:

"sir. guilty or not guilty? guilty? okay, you can go"

Anonymous said...

This is just sad. This is the product of a society bent on paranoid realities.

We accuse at a drop of a dime. People are drag into court on hyped up charges that 10 years ago never would have been given a second glance.

This is the world we now live! We need to have video footage of our every move or else beware because here comes the allegations of the 21st century.

If this continues it does not matter who you are we will all face goofy unworthy charges.

If we as a people do not shut this shit down and quick, everyone this is no joke, everyone will have there day in court facing unworthy charges.

Judge Klein ressigned probally as he should because he was offended that after all the years of dedicated service "I have to answer some hyped up charges" from a over zealous prosecutor. She could have asked to be reaasigned.

Whom ever she is I bet that come a few years down the road she will complaine about someone else.

Thank you,
Pissed in Miami

Anonymous said...

"nice legs" got judge klien banned by kathy?

it's not like he commented on her mons venus...

Anonymous said...

to Judge Klein: good luck in retirement- guess what? you don't have to see or read the aforms of the scum of the earth- you practice law longer than 99% of us ever will, you were a judge for 48 years. You have money saved, a pension, people who respect you, friends. I hope they throw you a great retirement party and I hope I am in as good a health as you at your age. My health is fading and I'm in my 40s. Whatever happened is no big deal- a dozen american kids will die in Iraq next week. At worst you get run out of a job you should have retired from 10 years ago because maybe you complimented a woman about her looks. Why do they have plastic surgury, nail and hair salons, fashion, dozens of magazines, weight loss centers, liposuction, breast implants etc. if they don't want the occasional compliment. I say fuck the ugly bitch and you go dog.

Anonymous said...

No--the allegation was NOT that Judge Klein complemented the ASA on her legs...that's ridiculous and would have never amounted to anything. I know what he did to the ASA and has said to the ASA and it clearly was inappropriate behavior which signaled a readiness for him to leave the bench. He has done wonderful service to this community and it is unfortunate that he had to leave his distinguised career in such a manner. This incident cannot be blamed on Kathy trying to get Gerry out.....This is something he brought on himself. I wish him well...and still respect him for his great service to this community. BTW--the ASA involved is a very respected professional and had no interest in trying to get rid of Gerry either....As mentioned, the higher ups in the AOC clearly realized that what he did warranted his leaving the bench.

Anonymous said...

At Judge Klein's party-when he enters, I suggest the song "I like big butts and I cannot lie" be played.

Anonymous said...

At the tender age of 8 I attended my first dolphin game in the OB. I saw the dolphin in the end zone pool and remember reading the program which stated that the official team colors were AQUA and CORAL!

Anonymous said...

I believe Judge Snyder tongue kissed an alleged unwilling PD and sat on the bench for another ten years.

Anonymous said...

FINERHUT WHAT YOU BEEN SMOKING?
his plea coolquies were great? asking someone if they wanted to go home if they plead guilty sounds like a plea colloquy in iraq not the usa. \

i know rump it is nice for you private lawyers to walk in reduce your bond in half just for showing up and then tell the family what a great lawyer they hired.

he is a disgraced dirty old man and he was a useless disgraceful jurist who is responsible for the revolving door justice system in this county where every violent criminal gets a low bond

Anonymous said...

435 you are really stupid. are you really stupid enough to think that whatever goes on in cts land has any relevance to whether or not the sao brings corruption charges?

and last time i checked richard scrugss has brought a nice bunch of PC cases you idjit

Rumpole said...

8:59 I STRONGLY disagree with you. But never let it be said I only allow posts I agree with.

Anonymous said...

I miss the days of comments about the Q and Shumie Shumie Coco puffs.

ah...well.

IONQ said...

Did someone say Q???

The new Q Podcast IONQ is one of the fastest growing podcasts on I Tunes.

Fear the Q
Respect the Q
Plug your I Pod in and listen to the Q.

Anonymous said...

I have said it many times before and after reading that article, I have ABSOLUTELY NO DOUBT that Scott Fingerhut is Rumpole. I think I can even make a case on it. Scott, I know you'll never come clean, but it is abundantly clear. Let's see how long this post stays up.

Anonymous said...

8:05:00 p.m., please suggest another song. The first part of the song you suggested is not applicable to this case.

Anonymous said...

Speaking of the Q has anyone seen his flyer? In one photo he has his watch on the left hand and in another it is on his right hand. Does he wear two watches at all times as to never miss an appearance?

Anonymous said...

To the poster at 7:48 p.m., please tell us the operative words of Judge Klein's comments to the ASA so that we can judge for ourselves. You also say that "the ASA had no interest in getting rid of Gerry" but that "the higher ups in the AOC clearly realized that what he did warranted his leaving the bench." I doubt very much that the AOC wanted to get rid of him because Gerry worked a lot harder than many of the full-time judges and closed a lot of cases. If the AOC pushed for his ouster it would only be for fear of controversy or litigation or because of political pressure brought on by the SAO with its cockamamic HMO plan and the administrative judges not wanting to appear as "soft" on misdemeanor offenders.

Anonymous said...

And Here Come The YouTube Copyright Lawsuits

from the had-to-show-up-sooner-or-later dept

Just as some were talking about how YouTube had been able to avoid lawsuits from angry copyright holders (though, they receive plenty of cease-and-desist letters), the EFF is pointing out that a news service in LA is now suing YouTube for copyright infringement. As has been pointed out repeatedly, YouTube has a pretty clear defense against such claims: section 230 of the Communications Decency Act means that a service provider isn't responsible for what its users do with the service. In other words, this guy is going after the wrong target. Rather than suing YouTube, he should be going after whoever uploaded the contested video. It's also unclear from the info available if the guy sent YouTube a takedown notice on the content.

However, the lawyers who filed the lawsuit seem to be focusing on two recent, but well known, cases to support their filing. The first is the Grokster ruling, which said companies could be liable if they were found to induce the infringement in some manner. Secondly, the lawyers claim that there's an even stronger case against YouTube than in Grokster because it's a centralized service -- which suggests they're pointing to similarities with the original Napster, which the courts had problems with due to its centralized nature. However, it may be a very difficult case for this news organization to win. YouTube can make a pretty strong case that they don't do anything to "induce" infringement. In fact, YouTube has worked to stop infringement, and generally has a good reputation for taking down infringing content when notified. Also, the sheer number of legitimate uses and content providers embracing YouTube suggests that it just doesn't have the same emotional response that both Napster and Grokster had. While the case may not go back to the "substantial non-infringing uses" of the Betamax case, it's likely that YouTube's lawyers will make a similar case. Either way, it's likely this will be an important case to watch.

I thought Rumpole had legal worries.

Anonymous said...

To 7:42 p.m., your post is very good, but the last line contains an inaccuracey. This ASA is not ugly at all and she's not a bitch either. She's actually quite cute and nice too, which is why it's so hard to believe that she pushed for Gerry's ouster.

Anonymous said...

Broward County Circuit Judge Larry Korda has resigned effective July 2, 2007 after more than 30 years on the bench.

http://www.miamiherald.com/467/story/140311.html

Anonymous said...

Funny thing. You all talk about the presumption of innocence.......and how unfair it is to automatically believe allegations. Yet, so many of you think nothing of making all sorts of assumptions about what happened and slamming the ASA involved. What a bunch of hypocrites.

Rumpole said...

Legal worries? No worries mate.
Going to court today. A few cocktails tonight. Yachting tomorrow; a few shrimp on the barbie. No worries at all mate.

Rumpole said...

Oh- 10:03 pm- you have it wrong. You comment doesn't stay up until I- in a fit of panic remove it- rather I post it.

Fingerhut!!!??That's a good one.

Anonymous said...

RUMPOLE - i know personally that you love mob stories...

can you give us a blog story on your version on the SOPRANOS ending?

Thanks RUMP!

Anonymous said...

Nice that Don Horn wrote the letter...let he who is without sin...

Why don't people ask around and find out the kind of stuff HP has been pulling under DH's watch!

Anonymous said...

Rumpole

you don't think there was anything wrong with Klein's colloquys (sp?)? I know, if you are such the defender of justice that you say you are, that you would move to set aside any of those pleas the minute a client paid you to represent him and the state was seeking an enhanced penalty based on one of Klein's pleas.

Anonymous said...

How about Eminem's "Shake That" song for a nice theme. I say, if if the man's got the stones to play grab ass at his age, let him stay. That kind of vigor at his age is encouraging to all of us, and it will send a message to the SAO that complaining about said grab-ass sessions will not be tolerated.

Anonymous said...

From my understanding, the comment that Judge Klein made was to refer to the female prosecutor by a derogatory term. Don't blame the prosecutor or Kathy. Just like the judge should be respected by everyone in the courtroom, so should the attorneys and the defendants. I respect Judge Klein and think it is unfortunate that he leaves on this note, but to the idiots who want to place blame and falsely accuse the prosecutor of being thin-skinned, try having derogatory comments thrown at you over and over again. It's never pleasing and should never be tolerated.

Anonymous said...

if you want to see graft-check out the pd salery list. jesus

Anonymous said...

I said it in the past (and Rumpole never denied it) and I will say it again: Rumpole is Ben Kuehne

Calvo SS

Anonymous said...

Most of the lawyers who appear at bond hearings care very little about the politics in the office of the state attorney. Speaking for my self,i have over 30 years in the Justice building, I want to appear before a judge who is fair, will listen to meaningful legal arguement, and rules on the seems the issues in the case clearly and with the resolve to do the right thing. If the client is to be held in custody so be it. If the charge is not accurate or s overreaching,I expect the judge to make a ruling for or against and not to duck the issue. Judge Klien conducted his court in this fashion. And when appropriate he had balls. (gender neutral balls). With his signature remark " you have a good lawyer listen to what he or (she) tells you " Judge Klien gives the client and family reassurance that all is not lost. Judge Klien always exhibited class and concern to anyone who appeared before him. He showed no favoritism or prejudice ever. And of course he moved his calender along so not to waste time. By the way the state was always treated with great deference, and has no right to complain about bias for the defendants. To Judge Klien I say goodbye and best of luck. Your legacy. You raised the bar to a very high level. You have distinguished yourself with those who count- your felow members of the bench and bar who applaud your achievements. Your mark of judicial distinction will remain as a geart legacy to those who try to fill your shoes. And just like Don Shula and Dan Marino, your shoes will not not be filed very soon and as die hard Dolphin fans who write for the blog know, the shoes may never be filed -ever. To the rest of us, including the hierarcy of the state attorney's office, be careful of what you wish for .......

Anonymous said...

To the 7:42 p.m. from last night: The "ugly bitch" comment from you shows that you have no idea who the ASA is. She happens to be an incredibly beautiful, classy, and absolutely gentle woman. It also shows that you are a sexist moron who thinks it's ok that female attorneys be treated as if it were still 1957. Ass. Oh, and I heard Fingerhut swear at someone at the SAO yesterday, on his mother's grave, that he is NOT Rumpole.

Rumpole said...

2:18- are you sure you heard me correctly?? Hahahah. Just kidding. Leave Mr. F alone already who he will start sending me nasty emails like Phil R.

12:07- Benny K???? Me???

And to the reader who questioned my support of Judge Klein re: his pleas- 1) yes he should not have conducted pleas that could be overturned. 2) Otherwise he was great.

Anonymous said...

OK. I keep hearing so much about this PD salary list -- does anyone have a link to it or can someone post it? Inquiring minds want to know...

Anonymous said...

That's not a denial.

C SS

Rumpole said...

My dear suspicious friend-
Longtime and careful readers of the blog know that the rules of the blog prevent us from every specifically confirming or denying our identity because eventually someone will have a lucky shot.

But Benny K? Really.

Anonymous said...

The old-time judges were very pragmatic. They knew all their jail arraignment pleas could be vacated but that only a very small percentage of defendants would actually file a motion to vacate. These judges preferred to vacate a few pleas now and then than to waste hours doing colloquies on those huge bond court calendars.

Anonymous said...

I remember the good ole days when Elliot Snyder from the PD's office and Todd Bass from the SAO would battle it out before Gerry Klein in bond court. It was great to watch them in action and see the fireworks. Its gotten so boring lately and drags on and on. I was always amazed that Gerry Klein seemed to last forever...People were saying he would be off the bench years ago...Its sad the way he left...He was a very generous man with his money as well...always giving to charitable organizations.

Anonymous said...

Rumpole I remember reading on the blog that you got a mention in the NY Times. Is that true and when was that I want to read the story.

Anonymous said...

Don Horn does not supervise HP. KFR does. One of the biggest problems at the SAO is that there are so many Chief Assistants of equal authority. KFR would have been wiser to make Don her First CA. If she had, a lot of the BS we've seen would never have happened.

PS---yup, you read that right. DH has NO authority over HP, KH, etc. Of course, that doesn't stop people from blaming him for everything (gee, I wonder who perpetuates those rumors?)

Anonymous said...

The point I tried to make yesterday is that with over 100 sitting Judges in Miami Dade County WHY ----- LET ME SAY IT LOUD ---- WHY DID SHE JUST NOT TRANSFER TO ANOTHER COURT?!?

The nerve for some complete idiot to suggest that Klien was making degrading remarks about this asa on a regular basis and she simply never sought to be transferred out? C'mon any law student can figure this one out.

As stated yesterday watch your back because if it can happen to Klein after 48 dedicated years on the bench it can happen to you. This is the society we live in today.

Complain, Complain, Complain, Complain, Complain, Complain, Complain, Complain,.............

Instead why don't we start solving problems before tarnishing a mans image, reputation and the like and I say this even if the allegations are true.

Lets start getting a sense of humor and not taking every thing so seriously.

Anonymous said...

If I haven't made this clear by now, I will try again.

Rumpole is Rosen.
The people have spoken.
The Voters have chosen.

This ASA is sneaky.
But he's not sneaky Pete.

Pulling off the blog
is for him quite a feat.

Because Rumpy
Is Rosen.

Rumpole is Howard Rosen. (c) Rumpole is Rosen. 2007. All rights reserved.

Jason Grey said...

Every thing in bond court is on video, shut the fuck up and get the video!

fake thomas dewey said...

Why is it that the same group of right-wing blowhards who wanted to crucify Bill Clinton for lying under oath to a federal grand jury now want G.W. to pardon Scooter Libby for doing the same thing? And aren't these the same reprobates who were howling in anger because it looked like Paris Hilton might not serve her full 45 day sentence for driving with a suspended driver's license? Should Paris really do more time in jail than Scooter? The only really good argument that I can see for pardoning Scooter is that the people who are really responsible for his predicament are getting off with no punishment too, but if G.W. follows this logic he would have to appoint a special prosecutor to investigate his vice president and his director of political operations. What a great country we live in.

Anonymous said...

to Jason Grey: will you please crawl back under your rock.

foghorn leghorn said...

uh no uh I buuleave uh Mr. Grey should uh stand on that rock ya say?

Anonymous said...

RALEIGH, N.C. — Breaking down in tears at his ethics trial, Mike Nifong abruptly said Friday he would quit as district attorney and admitted he got "carried away" during his discredited rape prosecution of three Duke University lacrosse players.

This gives Miami-Dade County hope that KFR and many others will soon be on under the magnifying lens as well. KFR, you know you made some horrible things as State Attorney. Abuse of power and association with Felons. Save yourself, your Administrators as well as Investigators and step down before the AG, FBI and FDLE comes looking for you.

Anonymous said...

KFR NEEDS TO GO!

SHE REMOVED KLEIN BY BEING MEAN!

KFR, YOU MUST GO!

Rumpole said...

We have decided to edit Mr. Grey's response:

He wishes that you engage in carnal relations with yourself.
He also believes you are another name for a cat, a mule, and that in most games of chance you are not successful.

Anonymous said...

Jason is back! Finally some sunshine and excitement on this dreary day.

Anonymous said...

so where's the pd salaries? Rump, have you become a stein apologist?

Rumpole said...

If someone emails me te PD salaries and if they are public record, up they will go. I have not received them yet.

Anonymous said...

Judge Klein can compliment my legs anytime.

Jason Grey said...

First the FCC now Rumpole!