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, August 23, 2007

TICK TOCK

INDIGENT SERVICES COMMITTEE REPORT
Rick FreedmanFACDL-Miami

On Wednesday, August 22, 2007, the 11th Circuit ISC met for the final time. As the result of SB 1088, the ISC as we know it will sunset on September 30th. At the meeting today, the JAC was present, by telephone, and General Counsel Stephen Presnell provided the ISC with several important facts which all CAC attorneys need to know.1. F.S. 27.5304 (4) provides that all CAC attorneys must submit their bills within 90 days of disposition of the case or they will be subject to a 15% penalty. The effective date of that clause was supposed to begin 90 days after the Governor signed SB 1088 into law. The bill was signed on May 24th and the 90th day was today.

Fortunately, the JAC has agreed to extend the deadline until this coming Monday, August 27, 2007. If you have a closed case that was closed on or before May 24, 2007, you must therefore have your bill submitted no later than Monday.

What does that mean? In Dade County, if your bill is a “short form” bill, it must be into the offices at JAC and stamped no later than Monday. If you have a “long form” bill, it must be date stamped by the AOC no later than Monday.

For our brethren “North of The Border”, and other Circuits that do not have a Fee Review Committee and submit all their bills directly to the JAC, you must have your bills into the offices at JAC and stamped no later than on Monday. Failure to do so will result in the JAC imposing a 15% penalty to your final bill.

2. Beginning on Tuesday, August 28, 2007, contrary to previous practice in Dade County, all original bills should be submitted directly to the JAC in Tallahassee. In the past, if you had a “long form” bill, you submitted the original to the Fee Review Committee. Now, you will submit copies to the FRC, with the original going to the JAC. Once again, the bill must arrive at the JAC within 90 days of disposition of the case, or you will be subject to a 15% penalty. All other jurisdictions will continue to submit their original bills directly to the JAC.

3. In all counties, please remember that you are still eligible for payment pursuant to the ISC rates established in your Circuit before July 1, 2007; (for cases where you were appointed before July 1, 2007). For any cases that you have accepted as of July 1, you are now subject to the new “flat fee” amounts established pursuant to SB 1088 and the language contained in the General Appropriations Act. Flat fee forms are available at the JAC website.

4. This next matter should be read very carefully. Prior to July 1, when a CAC attorney was appointed to multiple cases on the same defendant, the attorney was permitted to file only one bill and was required to combine all of their work time into that one bill. That procedure has changed!!! On all appointed cases as of July 1, 2007, you may now bill each case separately. Therefore, for example, if a defendant has four (4) second degree felonies, you are entitled to submit four flat fee bills, each for $1,000, and you will be paid a total of $4,000.

5. While our ISC will officially cease to exist as of October 1, it is the intention of Chief Judge Farina to continue with an ISC in some name and some form in the future. The make-up of that future committee is yet to be determined. Judge Farina is convinced that the model that has been in place in Miami Dade County has been extremely effective in helping to deliver quality legal services to the indigent defendants in our community for the past 15 years. That model includes a master body, like the ISC, and subcommittees that operate within that body, such as the Screening Committees and the Fee Review Committees that work in the Criminal, Juvenile Dependency and Probate/Civil systems. All of those committees are run 100% by volunteer attorneys who participate in the CAC system. They are the peers that review applications for new Registry attorneys and review “long form” Makemson bills for their reasonableness before submission to a judge for payment. Due Process Providers, such as court reporters, process servers, investigators, and expert witnesses rely on a functioning advisory board like the ISC when their issues need to be addressed. That will continue in Miami-Dade County.

6. As you should all know by now, the five Directors of the Offices of Criminal Conflict and Civil Regional Counsel have been selected by Governor Crist. They will be moving swiftly in communicating with county administrators in order to find the space to set up their “law offices”. They will begin the process of interviewing and hiring attorneys and support staff. Depending on where you work in this State, the offices should be functional sometime between October 1 and December 31, 2007. Once that happens, private attorneys will see a drastic reduction in the amount of conflict cases that they are appointed to. Estimates are that the private registry will receive approximately 20% of all criminal conflicts in the future.

7. In Dade County, if you have not signed the “new” contract that became effective on July 1, 2007, your name has been removed from the Registry. In order to be placed back on the Registry, you must sign a new contract. As of August 17th, a total of 88 attorneys had signed the new contract in Dade County.

More information will be made available to all CAC attorneys in the near future.

Stay tuned and please feel free to contact me should you have any additional questions.
Rick Freedman, Esq.

50 comments:

Rumpole said...

Great Job as always Rick. People should know you don't take court appointments and this work that you do benefits many attorneys, especially younger attorneys, and they should take the time to thank you.

Rumpole said...

geeze am I tired.

Anonymous said...

Thank Rick? I thought the rules of the blog were that anyone that signs their name gets trashed? I'm so confused.

Rumpole said...

No- I won't post that. You trash someone who is doing all this work? Have some class jackass.

Anonymous said...

What a bitch this whole thing is. A man that has never practiced criminal law is running the second largest criminal defense firm in Miami. Come to thimk of it, the man who runs the largest criminal firm in Miami, Bennett Brummer, has never practiced criminal law either. And the rumor is, Brummer will not help Mr. George get the party started. Why is that you might ask? Because few will leave the PDO without a vibrant wheel in place. The last thing that Weed needs is more indians making a carrer out of being a public defender. What's worse, what if this guy can make this thing work on a shoe string budget?

Anonymous said...

Some day when Rick runs for office, he can count on my vote and 500.00 dollars from me. Governor Freedman, Senator Freedman, Judge Freedman. Till then THANK YOU.

Anonymous said...

Rick:

Ten long paragraphs and you fail to say a word about Joe George's presence. Given the magnitude of the changes and his recent appointment what should we conclude? Inclusio unios est exclusio alterius?

Will FACDL confine its fight against SB 1088 to the legislature or will it commit to passively stifling the actual functioning of the Regional Counsel.

Anonymous said...

revamping titles rumpole?

writers should be creative?

Anonymous said...

Rumpole, I'm sorry to report that the Justice Building's own attorney to the South Beach Stars- Kenny Weisman has been bumped from his Prime Table at Prime 112. It seems Kenny overslept and missed a traffic ticket for one of Prime 112's chefs- causing the cook's license to be suspended. Now the cook is taking the bus to work while Kenny has to sit in the back of the restaurant with all the riff raff.

You know what they say on this blog:

SOMEBODY CALL THE Q!!!!

Anonymous said...

Why would someone apply for a job that only pays 80k per year to head up a criminal law firm when he does not practice criminal law????

Maybe because in 2006, MR. GEORGE reported a $$33,000 LOSS to the IRS on his income taxes. This was a great improvement from 2005 when he reported making $$31,000.00. Now lets turn to why it took him nine years to pass the Florida Bar after graduating from Cumberland Law School?? And last but not least, does anyone have any idea what he was doing before he opened up his thriving law practice?? He was an assistant at Anthony Abraham.

LOL

Rumpole said...

A reader reports: Happy Birthday to Judge Larry Schwartz.

Our readers never cease to amaze us at their ability to obtain information quickly. However, one should note that most many major coporations like to report losses for tax purposes. Running a law office is a difficult and expensive proposition and not everyone is in it for the money.

G.B. Shaw said...

he who can, does.
he who cannot, runs the regional counsel's office.

Anonymous said...

That's the first time I've ever seen the words "Happy" and "Larry Schwartz" in the same sentence.

Anonymous said...

especially when they are located in kendall and have no employees!!??!

Anonymous said...

Rumpole

if it took Mr. George 9 years to pass the bar and the examination is offered three times per year, does that mean that he took the test 27 times??

Anonymous said...

A Miami must read from the New Times sent to me by one of the Nominees for Judge Shuminer's seat with a sense of humor. Won't say who, he needs no more bashing on this site.
Click here and laugh.

Anonymous said...

In any company where the primary employee is also the owner, the net reported income to the IRS should never venture far from zero.

fake pope benedict XVI said...

The Holy See is proud to announce a new collaberation between the One True Church and the United States Supreme Court. By a vote of 5-4, the Court has agreed to allow a Papal Nuncio to maintain an office inside of the Supreme Court and be available for consultation with interested Justices. Furthermore, from now on, all decisions of the Court will be issued in the form of a Papal Encyclical and will be printed in Latin, so that only the people who need to know will be able to understand the Court's ruling. Peace be with all.

Anonymous said...

Freedom of association, freedom of speech and expression, the right to petitition the government for grievances. I cannot recall any time in my 40 plus years and 20 as a lawyer LAWYERS going on strike, threatening to go on strike, or picketing or any other form of official high profile Protest. We are the main profession that sticks up for the oppressed and aggrieved and only thing standing between life in prison or a plea of 3 years. We stand next to pedophiles and murderers, defend the innocent and guilty often at risk to our own health(stress), safety-threats because of what our client did, and for those of us who did the wheel little thanks and no riches. The fact that none of us applied for the Conflict job was a minor protest. I think that the FACDL should file suit, lawyers should picket, and no one should apply for the jobs at this place. With all the pork and waste in the state budget you think that they could dedicate another 1% of the state budget to the court system, 1/3 of the 3 branches of government. Let's make it a nationwide issue, embarrass the governor and put it center stage- Florida- we pay $3000 to defend murder cases. I guess Mr. Governor you have to figure out a way to raise money or cut waste. Start with the bloated bureaucracy in the jails and prisons- everytime I ever visited someone it seems I saw plenty of people goofing off- watching tv, playing on the computer while they make a lawyer wait an hour to see his client. Where is the leadership, stop moaning and start protesting and organizing. NOW DAMMIT!

Anonymous said...

Memo to Governor Crist:

You get what you pay for.

the trialmaster said...

the trialmaster is amused by the concern of the bottom feeders for a few scraps. the trialmaster just returned from a trial in federal ct in a northern state with great success! as the trialmaster says"innoncent until indigent". good luck bottom feeders. the trialmaster will not be on the list, bet the house on it.

Anonymous said...

Great job Rick on the updates. Woulda liked to have seen that sort of effort from FACDL and maybe we wouldn't have this problem, or this clown, Joseph George.

Anonymous said...

Isn't Anthony Abraham a car dealership? Is that really where this guy Joe George worked during the 9 years it took him to pass the bar?

Is this shit a sick joke? I mean, is it??

Anonymous said...

I would not be surprised if some people did not apply for the Conflict Position because of the application detail as evidenced by the recent post where the public record application lists tax returns so some asshole can post what should be personal tax information on this blog. The application also listed all types of other ridiculous intrusive questions about your whole life when the only real inquiry should be what have you done as a lawyer and is your license active and current, period. Asking about finances, whether you've been sued, divorced, arrested is all b.s. and I am sure it kept many qualified people from applying. Perhaps the best thing you can have on your resume to be a public defender is you have seen or been the victim of false arrest, police misconduct, perjury etc. What did you get with your 20 page application committee, a clown who does not know the difference between Williams rule, Miranda, an Arthur hearing, a Faretta hearing, a Nelson inquiry or how to pronounce deoxyribonucleicacid. I have a suggestion for the FACDL- solicit contributions from members and non-member defense attorneys to put together a binder for indigent defendants to represent themselves-sample motions to suppress confessions, searches, to appoint experts, have a psych. exam, include the frcrimp., evidence code, and make it readily available in each jail library. why?. BECAUSE MANY OF THESE PEOPLE COULD GET BETTER RESULTS THEMSELVES THAN HAVE A PROBATE LAWYERS WITH TOO MANY CASES.

Anonymous said...

this is an interesting perspective on the Vick controversy that resonates with me, a dog lover:

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/21/AR2007082101977.html

Rumpole said...

Count me in I'll carry a picket sign. Won't be the first time. I'm the guy in the Rumpole mask.
Trialmaster-don't take this the wrong way. You are free to contribute here whenever you want. I think I speak for the rest of the community when I say,sir, you are an ass. Good day.

Anonymous said...

trialmaster

you need a hug. your mother did love you!! repeat after me, i am good enought, im smart enought, and gosh darn im somebody>

Fake Learned Hand said...

Rump,

What are the updates on the judicial races?

Anonymous said...

Anthony Abraham is indeed a car dealership

Anonymous said...

Today I heard a leader in the NAACP on the radio asking for everyone to allow Mike Vick to show that he has learned from his mistakes and demanded that he be allowed to play football. Man, the NAACP will forgive and excuse anything... from an animal torturer to a double murderer who chopped the head off of his kids' mother.......

Anonymous said...

i said good day!!!!!

Anonymous said...

Rumpole,
Thanks for the birthday wishes.

With all the Judge bashing lately, someone should say thank you to Stan Blake and his committee who met with the Mayor AND MANAGED to save BootCamp, which will reopen in about 2 weeks.

LAS

Anonymous said...

Trialmaster: please go fuck yourself. And I mean that literally. Anyone who feels the compulsion to constantly brag about his good fortune, great clients, etc to a bunch of strangers obviously has no one at home who gives two shits about what's going on in your life. Have a nice day.

Anonymous said...

The NAACP is notorious for playing the race card at every opportunity. For them, it's not about the quality or character of the person; it's all about the color of the skin. If he's black, then heaven forbid that we feel outrage and disgust at whatever conduct is perpetrated. Michael Vick seemingly had it all: money, fame, talent, etc. Yet, he catered to the lowest and basest instincts by condoning and apparently sponsoring this sick shit. Black, white, or whatever, this kind of behavior deserves censure and public outrage. The NAACP can kiss my ass, and I would feel exactly the same way if Michael Vick were lilly white, hispanic, asian, etc.

keep jimbo in limbo said...

This just in...breaking blog news.....Jimbo Best was NOT in trial today.

Anonymous said...

you guys are the biggest creeps around. the fact the this george guy does not read this blog is already a step up from you dip shits.

get a life and some balls before pissing on somebody.

criminal law is for lawyer's who can only remember 2 to 5 pages of the rules of court and that is meet em and plead em.

try civil were every case if different and requires real skills.

GET OVER YOUR LOW LIFE SELFS!

Anonymous said...

I had a client who recently accepted a plea on a very serious case. Since it would be very easy for certian individuals to pick out the matter I am referring to, I will not go into the charges involved. The morning of the arraignment, I approached the prosecutor to speak to him/her regarding the file. At the time, I had no intention of resolving the case until I did everything I possibly could for my client. When the prosecutor gave me a copy of the guidelines, my first impression was that they were relatively low. Then when I got back to my office, I realized that the ASA had made a HUGE mistake (in the interest of my client) on the scoresheet. I immediatly notifed my client and explained in detail what was happening. He decided that he wanted to take the "incorrect" bottom of the guidelines offer before the ASA came to his/her senses. Even though I believe my client got a very good resolution to his case, I feel guilty for not working up the case for him. I am full of "what if" questions. What if I did not explain it to my client and the prosecutor realized how wrong he/she was and the offer went sky high? What if the prosecutor never figured out how to properly score this crime and I could have convinced him/her to reduce the sentence by a few months? Is this a natural way for a young attorney to feel? The other thing that baffles me is that the judge asked the ASA what the guidelines were. I just knew that the judge was going to say that it could not possibly be right but the judge never hesitated during the plea colloquy.

Anonymous said...

Trialmaster

You might make a million dollars a year but with the plethera of pussy your ego, age and fading looks compell you to buy every year, that ain't much, g. Keep up the good fight.

Anonymous said...

There are all pro teams, the all star game, the pro bowl in hawaii. How about nominations for the true trialmaster of Dade- categories: sao, pd, felony, dui, . I nominate someone who I think thinks he is a trialmaster: Michael Catalano and Richard Hersch.

Anonymous said...

Do you know me? sometimes people don't recognize me. that why I call myself the trialmaster and post anonymously about how great I am in defending drug dealers in federal court so I can drive a porsche. I don't think anything is wrong with this because I have no children because I am as unattractive on the outside as my personality on the inside, I have a deep seated feeling of inferiority which is why I have to brag and I know deep down that a poll of the best trial lawyers of judges and other lawyers would have 50 names before mine, most who prefer anonymity, and of course I drive a porsche and have a tiny pecker. I am the TRIALMASTER.

Anonymous said...

fake Sigmeund Freud says: the term trialmaster is an interesting choice of words to use to advertise one's excellence in their chosen field. the profession prefers board certified and I doubt Sy Gaer ever referred to himself by that term. This leads to the inescapable conclusion that the man has a fixation on a certain part of the anotomy which is only used to excrete waste and for self gratification. the use of master and its choice was a subconscious reference to the man's addiction to masturbation which is a direct result of having such an offensive personality that members of both sexes and the animal kingdom have rejected his sexual advances so his only joy in life is a victory in the courtroom which is shared by hundreds of lawyers everyday in this country, and is so common so rarely attributable to the talent of the lawyer as opposed to the actual testimony of the witnesses and evidence that it renders one's boastfulness comical or pathetic depending on your own experience level. now go have a nice tug and there is a sale at kleenex at walgreen's this week. sigmund out.

Anonymous said...

We need to recruit John Blutarsky to lead the fight against the governor regarding the collateral office. Perhaps the President saw Animal House before deciding to invade the wrong country, the Germans did after all attack us at Pearl Harbor.

Anonymous said...

You have got to love Florida. The State that gave the Country Gidion v. Wainwright, is once again at the fore front of protecting constitutional rights of the downtrodden. The theory is that if you legislate mandatory sentences, take away the discretion of the “liberal” judges, hamstring the defense, and appoint enough trial and appellate judges who are to the right of Attila the Hun, you reduce crime, or do you. The intellectuals we send to the legislature are worthy of membership in MENSA. Financial resources, like financial limitations, make a difference in the ability to provide effective representation. I predict this whole second PD office or conflict counsel will result in more challenges for ineffective assistance, and compromise the entire system.

the trialmaster said...

the trialmaster thanks his devoted admirers for their input and jealouly.he will advise of his next success.

Anonymous said...

Proof that Lurvey is Rumpole-front steps of the MJB tomorrow at noon.

Anonymous said...

Wouldn't it be funny if the trialmaster was a made up character, created only for the purpose of instigating comments on this blog?

I can hear it now: "huh?" "what?"

Anonymous said...

9:37, I believe that you are exactly right, and I believe that the person or persons behind the "trialmaster" are quite clever and amusing

Anonymous said...

Has courtroom 3-4 been taken over by creatures from Comedy Twilight Zone. I can't tell which one is more incomprehensible: Judge Adrien or that prosecutor with the eggstremely theek accent. Is Farina playing a joke on us all? Or is this for real? I'm ready for Rod Serling or Jon Stewart to pop out at any moment.

Anonymous said...

Last weekend I attended a Star Trek Convention (as a goof) in South Miami with my two boys. Was I shocked to see our very own Shumie engaged in a heated exchange with a ten year old. It seems they arguing over wether Mr. Sulu wore a hat in Episode #241. It seems the ten year old also teased Shumie for his outfit. Shumie was wearing Klingon garb from head to toe.

Klingon Chancellor Gorkon said...

Hab SoSlI' Quch!!!