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

Friday, September 14, 2007

FUN IN BROWARD WITH RULES TO SHOW CAUSE.

The following post was on the Broward Blog. We thought we'd reprint it here as proof that things are indeed getting better North of the Border........NOT.

My Midsummer Nightmare" by Maury Halperin

Maury Halperin wrote:Attention: criminal defense lawyers/F.Y.I.
Re:scheduling conflicts/contempt/judge Gold.

MY MIDSUMMER NIGHTMARE. NOW PLAYING IN ROOM 6900.

ACT ONE. a couple of months ago, I announced ready on a Gold case and was sent to the pool/trial unit. a few days later, I was called at 11:45 a.m. and told to be in front of Backman at 1:30 p.m. for trial. I told the caller that I had just left the dentist office (having recently broken a tooth), that my mouth was numb, and that I had to go home, change, etc, and may not make it on time. She could not excuse me, so I called Backman's J.A., she could not excuse me, so I did my best and arrived at 2:00 p.m., only to find Backman picking a jury on another case. I went home. few days later Gold issued a rule to show cause why I should not be held in contempt for failure to appear. (rule later dismissed based on above explanation)

ACT TWO.more recently, i announced ready on another Gold case and filed a speedy demand. The case was sent to the pool. On Monday 8/27, I started trial in front of Fogan on an unrelated S.Kaplan case that went into tuesday. The jury retired to deliberate around 5:00 p.m. I then checked my voicemail to find that my Gold speedy case was set for Wednesday, 8/29 in front of Weinstein. I was previously ordered by a federal judge to be in Miami on 8/29 at 8:45 a.m. to start a federal trial. I called Diane from the pool and explained to her my prior commitment. On wednesday, 8/29, I went to Miami. A few days later, I was served with a second rule to show cause why I should not be held in contempt signed by Gold. (rule pending, hearing set for 9/27 at 9:45 a.m.)

ACT THREE.because I did not show on 8/29, the prosecutor scheduled a staus on the case/speedy, for 9/5/ at 9:00 a.m. he gave me notice on 9/4 at 1:00 p.m.I showed up on 9/5/ at 9:15 a.m., after a hearing in O'Connor's courtroom, and the judge was not on the bench yet. (surprise). I had a previous commitment in a federal case in Miami for 11:00 a.m., so I told my client to stay, and when called, to tell the judge I had a previous commitment in Miami, and to please reset the status. Gold illegally removed me from the case over my client's begging to keep me on, (I was an s.p.d), appointed a new s.p.d., and, you guessed it, told me that he will be issuing yet another rule to show cause why I should not be held in contempt. (rule promised and coming to the theatre soon).

can anyone believe this? wouldn't a status to first get the explanation for the non-appearance be the better course? and if not satisfactory, then do a rule?

Thought I should share this with you. obviously, nobody bothered to look at the rules governing conflict. maybe judge Gold's cases get priority over all others, but I cannot find the rule that says that.

Rumpole says: Now you know what its like for us attorneys in Miami to practice North of the Border. Actually when we emerge from a Broward case with a mere Rule to Show Cause, we consider it a victory.

16 comments:

Anonymous said...

Hey Rumpole, I hope your War on Guns goes as well as our War on Drugs.

18,000 to 1 was the number for folks who work in non-violent professions, accd to the poster.

You seem to have an unhealthy habit of taking things out of context when attempting to defend your authoritarian-leaning beliefs.

Feel better soon!

Rumpole said...

Authoritarian? Moi? Read The Fountainhead. Read Capitalism, the Unknown Ideal. Read The Virtue of Selfeshness and then tell me I am authoritarian. I believe in a limited government but that one limited role of government is to protect people from bruts who wish to survive only by the use or threat of use of force.

Anonymous said...

The policies you seem to favor always include additional government interventions, that's all.

Anonymous said...

The rules governing this type of conflict are discussed in:

Krasnow v. Navarro, 909 F.2d 451 (11th Cir. 1990)

Anonymous said...

Says Rumpole:

"I believe in a limited government but that one limited role of government is to protect people from bruts who wish to survive only by the use or threat of use of force."

Protecting the people from those brutes means controlling the brutes by incarcerating them when they commit crimes, not by depriving the law-abiding citizens of their legal guns for self-defense. That'd be gun control, not brute control.

Anonymous said...

This is an important web site for the family of the slain officer. Please take a minute to check it out.
www.poat.org
thanks.

Rumpole said...

You don't know me well enough to say that.

Anonymous said...

What's more fun that watching Notre Dame lose for the third week in a row? Watching them get CRUSHED by Michigan. 8 minutes left in the third. Notre Dame's net offensive output? TWELVE yards. Oh man, life is good.

Anonymous said...

go northwestern!!!

go USF!!!

THE CANES ARE A DISGRACE THIS YEAR!!!

Anonymous said...

Can't file a speedy demand and then claim "i'm busy."

Anonymous said...

The lawyer with many Broward delimas needs to move to Miami.

Hey, at least it is fun watching all the Broward judges twist in the wind right now.

YOU CAN NOT BEAT AN ASSHOLE WITH A ROBE!

Anonymous said...

Hey Halperin-seems like you miss a lot of court. You are guilty. Bueno Suerte.

Anonymous said...

Hey, I read the problems the guy in broward was having. I will admit that I lost interest after so much whining. BUT, don't file a speedy demand if you have SO many conflicts. If you file a speedy, you need to be ready to go at a moment's notice. He filed a speedy, saying he's ready, and then when they tell him to be there ready for trial, his response is essentially, "oh, I know I filed a speedy, but I really have to be here and there and everywhere except in the one courtroom where I really should be!!!

E. Garcia

Anonymous said...

Ironically it is Broward judges who exemplified the most un-judicial conduct, with notoriety, I must add. Let us not forget the frolicking Broward judges of a few years ago, one of whom was caught running down the corridors of the Hotel in less than proper attire, word is there were at least three other judicial giants in that party. Duval County cops exercised their discretion in omitting the identity of these judicious party animals from their reports. Lets go back a bit, recalling the favoritism on court appointments, intimate financial relation with lawyers and bondsmen. These are the judges who hold jurors in contempt, belittle immigrants, treat Miami-Dade lawyers like scum, and are convinced Broward as a sovereign.

To our Broward brethren, I suggest you keep the telephone numbers of the local reporters handy, and tip them when they see or hear Broward judges plying their antics, I suggest they would get the message. I understand the down side of a JQC complain, so perhaps the procedure for those JQC complaints should change, but disclosing the conduct to the media will go a long way. It has a chilling or “curative” effect on those in power.

Anonymous said...

Wah, Wha, Wah,

E. Garcia hit the nail on the head.

Tom

Anonymous said...

It has been broadened that she returned him in an various scattering and had bad justices.