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, September 04, 2007

Gabe Martin Update and A Judge To Resign?

We received this letter from Mr. Gabriel Martin. For many of you who knew him and worked with him in the Public Defender’s Office, the information in his letter is bittersweet. You will be happy to learn that Gabe did not do anything criminal. However, you will be sad to learn that he did mismanage his private practice and allow a dishonest and disbarred lawyer to take advantage of his inexperience. The result is a three year suspension from the practice of law.


Hello Everybody:
This is my first time writing to the blog, even though I do check it out every once in a while. I write to communicate to my friends (and those not so friendly) and colleagues about my ongoing situation, which has been referenced here on several occasions. I think you can understand that while my bar matter was pending, I really wasn’t at liberty to speak about it.
On Thursday, The Florida Supreme Court approved Judge Marc Schumacher’s report in my disciplinary matter, calling for a three-year suspension of my bar license, nunc pro tunc, October 16, 2006. The referee’s report in this case was the result of an agreement between the parties. I’ve linked both Judge Schumacher’s report and the Supreme Court order below for those who wish to review them.
The report finds, generally, that I was negligent in my supervision of a former free-lance paralegal, George Garcia, and in the maintenance of my real estate trust accounts. Obviously, as someone who takes considerable pride in his work, I am humbled by the fact that I made these mistakes and will take great effort to avoid any such mistakes upon my return to practice.
The report also finds I was unaware of any fraudulent or illegal activities on the part of Mr. Garcia, and that I passed a George Slattery polygraph to that effect. It is also important to note, that I did not in any way benefit from any alleged fraud and that there was never an allegation of commingling of trust funds with my operating or personal funds.
I thank all of you who have been supportive during this very trying time. I am very thankful to my attorney, Richard Baron, the Court and the staff at the Florida Bar who at all times treated me with great professionalism and respect.
Regards,
Gabriel Martin



SCHUMACHER’S ORDER

SUPREME COURT ORDER


Rumpole says: Quite a fall from the early promise of a bright career and a legitimate shot at becoming Public Defender. His challenge to Bennett Brummer shook up a lot of people, and his involvement in a successful Federal lawsuit against Brummer

(Motto: "No one runs against me and gets away with it.") by his colleague Mr. Richardson who was fired by Brummer for supporting Martin, was the first story this blog broke, and it put us on the map. It takes courage and character to face up to one’s shortcomings, and in this matter, Mr. Martin has shown both. We wish him well.

CIRCUIT COURT JUDGE TO RESIGN?

Our mailbox has been buzzing with rumours of one REGJB Circuit Court Judge who is about to resign. Our sources indicate no, repeat no scandal here. Nor has this "mild mannered" Judge signed a hefty contract for a new TV show as has been the case lately for the Miami Judiciary. It appears merely that sitting high on the bench has just not been all that it was cracked up to be for this well liked jurist. That and the appeal of a lucrative offer in the private sector has made this Judge to decide to hang up the robes. Lets see if Rumpole's sources are correct on this one, and if they are, you can say you read here first, in your favourite Justice Building Blog.

It's nice to be back and to start the new school year off with a juicy rumour. Now lets get to work.

See You in Court refreshed and raring to go.

51 comments:

Anonymous said...

Hey! I'm number one!!! Wow. Let me be the first to wisecrack that I don't know who is about to resign, but I sure have a wish list. Hahahahaha.

What happened to the rap wars? I liked that.

Anonymous said...

Whatever faith I had in polygraphy has been crushed.

Anonymous said...

Brummer's dream team of administrators must be dancing-no opposition in 08. But what a fall from promise for this young man, Gabe Martin. He showed big stones by running against the establishment.

Anonymous said...

Ken Jenne resigns and accepts plea deal.

CAPTAIN said...

THE CAPTAIN REPORTS:

Election Update ...

Indeed, the Dade County Elections Department inadvertently entered Mr. McGillis' name as a candidate for County Court Judge. He is actually running for the position of Clerk of Court.

Now, we can all breathe just a little bit easier knowing that our next Clerk of Court may be HWMNBN.

CAPTAIN OUT ......

Anonymous said...

My guess for the resigning judge is Judge Leban. I've heard rumblings that Leban isn't too happy on the bench. Rump, can you confirm or deny?

Anonymous said...

"Now, we can all breathe just a little bit easier knowing that our next Clerk of Court may be HWMNBN"

Back off captain!

Anonymous said...

hey rump - judge perez to resign for economic incentives in the private sector???

Anonymous said...

Captain the leagl position is "Clerk of the Circuit Court"

Rumpole said...

I can't comment and say yes or no to any particular judge because then people will just ask about every judge. Wait and we all shall see. Remember- NO WRONG DOING HERE. NO HINT OF A SCANDAL. Just a guy making a career change.

CAPTAIN said...

THE CAPTAIN REPORTS:

to 10:36 am

the one who orders me to "back off".

Sir, I am the Captain and I will back off for no one, I repeat, no one. I will roll over you like my yacht did to those waves on the Atlantic this Labor Day weekend.

Got it!

to 11:00 am.

Obviously, the same person as 10:36 am. The one who tries to correct me by telling me that it is not the Clerk of Court, but that the "leagl position" is the Clerk fo the Circuit Court.

If you are going to correct me, at least learn how to spell LEAGL.

Finally, I also will not confirm who the Judge is who is considering early retirement.

However, I will confirm that Broward Sheriff Ken Jenne has resigned.

"At one time the county's most powerful politician -- Jenne has resigned and agreed to plead guilty to federal corruption charges involving tens of thousands of dollars he allegedly received from sheriff's office contractors and employees.

Acting quickly, Gov. Charlie Crist appointed Maj. Al Lamberti of the Broward Sheriff's Office to lead the department on an interim basis."

CAPTAIN OUT .........

CAPTAIN said...

THE CAPTAIN REPORTS:

From the "not" breaking news department:

Broward's Chief Judge, Dale Ross, the state's longest-sitting chief jurist, will hand over the reins today to his successor, Judge Victor Tobin.

For those of you that were concerned that RoSs might move to the Criminal Division, you're safe. Ross moves into the Probate Division today.

CAPTAIN OUT ......

I on shumie said...

Just why can't Shumie eat at Christys? i'm sure I saw him there last week.

Anonymous said...

captain flex the power you have to post like a coward unknown.

Anonymous said...

While I think his campaign for PD was very ill-advised, Gabe Martin is a gentlemen and a man of character who was overly trustworthy of the wrong person.

His PD rebel crew is still, for the most part, a bunch of arrogant assholes.

Anonymous said...

I'm a new reader - Now that I know who "The Q" is, who is Shumie?

john zogby said...
This comment has been removed by a blog administrator.
Anonymous said...

Ah Rumpole, you've finally confirmed that you're "one of them." Richardson wasn't fired for the reason you stated and, as far as I know, Martin had nothing to do with the lawsuit that you mentioned.

Nice to remain loyal to your friends though. At least you have that.

Anonymous said...

Word from the smokey back rooms of Hialeah is Dava Tunis and Zarah Zabel will both have opposition, Judge Lindsey will be spared an election battle by a last minute switch. Word from the high polluting corridors of Coral Gables, all is well as long as the rich and powerful elite have your back. Problem, the rich and powerful do not have the votes you need to stay in office. So to these jurists I offer a humbling thought - treat all who appear before you with utmost of respect and deference, as if they were of stature, for you never know whom you may offend or mistreat with the arrogance of your perceived power, remember the most apparent ly insignificant person (the little people) of those appearing before you may have interesting resources which you may never perceive for you perspective or their humble demeanor.

Anonymous said...

Gabe could not supervise 1 "employee" and he wanted to be our latex salesman.

Anonymous said...

Rumor has it that the judge resigning is Adrien, who finally realized he has no business being a traffic hearing officer, let alone a Circuit Court Judge.

Anonymous said...

Rumpole, do you ever miss your Grammy's biscuits from when you were a little kid?

Anonymous said...

Gaabe Martin may be history, but that doesn't mean there won't be a contested race for Public Defender, or for that matter, State Attorney. Who might be in the wings?

CAPTAIN said...

THE CAPTAIN REPORTS:

"North of the Border"

Chief Judge Tobin named four Administrative Judges today. They are:

Dorian Damoorgian - Circuit Civil
Ana Gardiner - Circuit Criminal
Jack Tuter - Circuit Family
Sharon Zeller - County Court

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

Anonymous said...

In 3 months I make more than a circuit court judge makes in one year. Four months and I've booked more than a Florida Supreme Court justice.

Anonymous said...

Judge Silver?

Hilda said...

Check out this weeks Economist -"Briefing - Capital Punishment in America". There are some compelling facts about the death penalty and the state of Florida. If you dont subscribe email me Ill scan and send to you.

Hilda

Anonymous said...

If anyone truly believes Martin did not know what Garcia was up to, since Garcia was previously suspended and was a disgraceful disreputable attorney,should invest in swampland in Louisiana and the everglades. Having Garcia work for or in a partnership is like: ( please post your comparisons). I'll start off-its like having a pedophile teach elementary school.

Anonymous said...

9-5-2007 Happy Anniversary Dennis, Larry, Bronwyn, Steve and Karen....are GINA, JOSIE and MIGDA really going to try it again?

Anonymous said...

BREAKING NEWS

rumor is in that Barnaby Min of many different bars will become the next Asian/American judge on the circuit court bench.

CAPTAIN said...

THE CAPTAIN REPORTS:

As I have previously reported, the judicial races "North of the Border" have been non-existent, with none of the judges filing for relection - compared to Dade County, where nearly all of the judges have filed.

Finally, there has been some movement - and - in one case - it is BIG.

In Group 21, long standing jurist Stanton Kaplan, (who has yet to file for re-election) has drawn opposition with the filing by attorney Merrilee Ehrlich. Ms. Ehrlich drew some noted attention last year, when she filed at the last minute to run for the office of Attorney General, filing in the Democratice Primary against Skip Campbell. Campbell won the primary, but lost in the election to current AG Bill McCollum.

The only other judge to file for reelection in Broward is Jeffrey Levenson.

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

Anonymous said...

No one will run against Brummer. That was just us, and we're done with it.

Gabe got involved in area of law he knew zero about, and is paying a steep price. Good luck to him, and much respek.

Anonymous said...

It is Perez who is leaving for financial reasons...too bad, seems all the good ones leave.

Anonymous said...

The rumor, and I call it that only because the Judge himself has not gone public...yet, is the jurist is none other than Judge Perez. Which is a shame I liked him on and off the bench. He is smart, funny, and doesn’t take a serious job too seriously. The problem is that we are losing another good Judge. This is in itself troublesome however it seems the reason for his departure is lucre. Now, as a defense attorney I begrudge no one a living, even a good living, but unless there is more to it, ill health or some new overriding concern, he took the job knowing the pay. Probably said in his interview with the JNC I want to give back to the community, do public service, or some such other malarkey. This is what bothers me. Please tell me I'm wrong. Point out the deficient thinking on my part. Is this the wave of the future, get elected, try it out, then decide it's not for you. Not enough money, too much work, or some other inane reason. I am disappointed. He will be missed.

Anonymous said...

Barnaby Min would be a fantastic judge. I will toast a glass of good red wine to his possible candidacy tonight.

I will also be the first to coronate his obvious nickname - Judge Min Man

Anonymous said...

Remember Sorondo left the 3rd DCA for more $$ in private practice. Chavies left the Circuit Bench for more $$$, as well.

I'd say it is an appointed judge that probably made a decent buck in private practice and now has kids in college.

Anonymous said...

Well it's official: Judge Perez is the judge who's going to be resigning. We got the word today at the PDO.

Anonymous said...

i think you mean.... much respeq, right??

Anonymous said...

Why is it that no one would run against Brummer? Gabe barely met the five-year qualifying requirement when he ran and came very close to winning in 2004. How much better would someone do who had more experience and respect in the legal community?

Anonymous said...

Rumpole, you suck!

Gabe rules!

Brummer sucks totally.

Ferandnez-Rundle sucks most totally.

Any questions?

Anonymous said...

ok this is weird, maybe i posted onto a different thread, but wasn't there a post about SPIRIT and then a question from me about what was illegal about SPIRIT?

Fake Dagwood said...

What is repek? I can't find it in Black's.

Anonymous said...

Public Service does not require a life long commitment. He served the community well for a few years and now has to serve his familial commitments. What so wrong with that? And, remember Perez was appointed not elected. Besides he may be back...or we can only hope so.

He's No Learned Hand said...

I can't believe people are mourning the resignation of Judge Perez. The man had no clue about criminal law when he first took the bench and still doesn't. He was a State lackey who showed little if any independece or spine.

Have fun back in private practice!

Anonymous said...

If Barnaby Min was appointed or ran for Circuit Court, this community would be well served. He is a thoughtful, well prepared, patient and organized lawyer.

Liza said...

I am glad to hear you will be able to at least practice law again. And for the record I believe you were telling the truth. Sorry to hear this happened in the first place.
Liza

Liza said...

I am glad to hear you will be able to at least practice law again. And for the record I believe you were telling the truth. Sorry to hear this happened in the first place

Anonymous said...

I would just like to know if the Public Defender's Office is still firing good employees and replacing them with lazy friends and family members. I don't want to mention names (Laeatrice Mcmurray).I'm so glad that I don't work in that back stabbing office anymore.

Anonymous said...

Supervisor of the year goes to...Laeatrice Mcmurray...NOT!

Anonymous said...

rip gabe. i hope the rumor is not true. we drifted apart over the years but you were a man of ideas and courage.

Anonymous said...

I agree with "Sunday, September 30, 2012 10:09:00 PM". Gabe you were a great man. RIP.