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

Tuesday, October 16, 2007

JUDGE TRAWICK HAS A SECRET

And that secret is that he apparently doesn't follow the law when it comes to sealing civil files and making them secret.

The Herald reports that Judge Daryl Trawick has been caught with his fingers in the sealed files cookie jar. More succinctly, the Herald located an order sealing a civil file. The problem is that Judge Trawick did not follow the Florida Supreme Court’s mandatory procedures for sealing a court file.

You can view Judge Trawick’s order on the link below to the Herald Article.

The order included the language
“said sealment shall seal the Court file from public view by anyone, ever until the end of the earth.”

Maybe because we don’t practice civil law, but that language seems awful strange to us.

The Herald further reported
HERE
that
"Judge Trawick is one of two Miami-Dade judges who admitted this year to approving the alteration of criminal court dockets to disguise the fact that defendant/informants had pleaded guilty to various criminal charges.
In Florida, it's a crime for anyone, even a judge, to falsify court records. But no charges have been filed against Trawick or the other judge, Victoria Sigler."


What is disturbing is that the Judge has previously admitted engaging in the same conduct that prompted the Florida Supreme Court to step in and issue emergency amendments to the rules regarding sealing files. And yet here is the Judge barely four months later sealing a civil file without following any of the procedures the Supreme Court requires. Judge Trawick has otherwise earned high praise from the lawyers who have appeared before him, so we think he is entitled to the benefit of doubt here. Perhaps there is a legal explanation.


At 945 So.2d 16( Fla. 2007)
(Blog note- this maybe the very first time in over 700 posts we have actually published a cite) The Florida Supreme Court on April 5, 2007 issued an emergency amendment to the rules of Judicial Administration requiring that before a non-criminal record is sealed, the following procedures are followed:

1. A request to make court records in noncriminal cases confidential must be made by written motion.
2. A public hearing must be held on any contested sealing motion and may be held on certain uncontested sealing motions.
3. A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing.

If you review Judge Trawick’s order on the link above you will see that at the very least the order, signed four months after the new procedures went into effect, does not state with specificity (or even address the issue at all) the grounds for sealing the record, nor does the order state the findings of the court justifying the sealing.

Secret orders undermine the public’s confidence in the judiciary. (No comment on lawyers' confidence in the judiciary, please.)

Judges who do not follow the law, especially when they have been prominently mentioned in earlier episodes for not following the law, cause serious problems.

We would be happy to hear from Judge Trawick as to why a Circuit Court Judge apparently does not follow the law when it comes to sealing files.

And while he's at it, isn't that "ever until the end of the earth" language a bit melodramatic? Wouldn't a hundred years be sufficient? How about "Until the Dolphins win the Super Bowl."? That ain't happening again in our lifetime. If we had an embarrassing matter we wanted sealed, we would probably feel secure with "until the Dolphins have a winning season."

Scientists believe that in another 5,000 million years, give or take a million years, the sun will run out of hydrogen, spelling the end of the earth as we know it. Did whoever came up with that language really think that our distant descendants will be sitting around saying "just another few years until the Sun dies. I hope we can get a peek at those files Judge Trawick sealed in the 21st Century while there is still enough light to read them."

You want to make sure a file isn't seen?

Just give it to our criminal clerks and tell them to take it to the ninth floor. We guarantee you that beyond the "end of the earth" it will disappear into that black bottomless void known as "the file room" never again to be seen by prying human eyes.

See You In Court.

38 comments:

Anonymous said...

Everyone who knows Judge Trawick, likes him. He is not a bad guy.

Now, why are you surprised about judges not following the law. They do it every fucking day.

If judges followed the law every time, we would have alot more motions granted and bad guys on the street.

South Florida Lawyers said...

I agree with you Rumpole, but what kind of message is the Third DCA sending when it approves of the shenanigans that kept Rush Limbaugh's marital settlement agreement -- signed, initialed, reviewed and approved by the judge -- out of the public record?

Anonymous said...

I would be interesting to view the motion that Glatzer"s son filed. I agree the order is deficient, but more importantly, were there sufficient grounds stated in the motion and a "public hearing" held before Trawick signed the order? Just because I am curious, I would love to know what Glatzer paid to get that dismissal with prejudice.

Robert Biswas said...
This comment has been removed by the author.
Anonymous said...

Rumpole, it is quite obvious that the order was prepared by an attorney in the case and not by Judge Trawick. The language is typical of what you find in general releases and similar civil documents. (For example, a release that releases someone from liability "from the beginning of the world to the day of the date of these presents"). Judge Trawick probably got a bunch of orders including that one and routinely signed them and probably didn't read this one. Unlike us criminal defense lawyers, there are a lot of attorneys in civil practice that will not hesitate to sneak stuff into orders hoping that the judge will not read them. Judge Trawick is an excellent judge, he just has to distrust the civil attorneys and read the orders they submit.

Sad to See the OB Go said...

Per the Miami Herald:
The University of Miami's final home game at the Orange Bowl against Virginia on Nov. 10 will be a star-studded event with special ceremonies before, during and after the game, athletic director Paul Dee announced Tuesday.

• All former football players have been invited to go down on the field to form a tunnel before the game.

• The coin toss will be conducted by Atlantic Coast Conference commissioner John Swafford and actor Dwayne ''The Rock'' Johnson, who donated a $1 million to the school earlier this month.

• Singer and UM alum John Secada will sing the national anthem.

• Players and family members from different eras will be honored during halftime.

• All fans in attendance will receive a commemorative poster courtesy of Ocean Bank with pictures of athletes at the University of Miami.

''Here comes the sales part -- tickets are still available,'' Dee said. ``It's going to be a very special evening, and we want everyone to celebrate it in a special fashion.''

Rumpole said...

I agree that the Judge probably just signed the order the attorneys submitted. However, the best Judges I know either write many of their own orders, or carefuly review what is put in front of them. Trawick comes from the Federal system where judges and clerks write the orders for the Judges. It cannot be an excuse for a Judge to just say he signed what the attorneys gave him.

Anonymous said...

Sad day for UM Law:

http://www.abovethelaw.com/2007/10/who_says_latinas_are_feisty.php

Anonymous said...

Finally. The Dolphins do something that make sense and trade Chambers. Good for him......he deserves better than Miami has given him. Sad that Rivers will be the best QB he's played with.

Hopefully, the Dolphins got a good return (the terms haven't been disclosed yet). Now, they just need to trade Taylor and Thomas to some contenders.

Anonymous said...

Sissy Bitch now picking on a Judge

Anonymous said...

newest RUMOR,,,,, GINA's filing against JOSIE.... could it be true???

Stetson Law Student said...

even worse day for UM Law
http://www.youtube.com/watch?v=vnJnA_mt_UA

Anonymous said...

http://www.youtube.com/watch?v=V5e7WnbB3lU

Rumpole said...

I published 4:39 because although I cannot initially track anonymous posts, I can log their address and this particular individual has posted with his name, and anonymously, and wouldn't you know that the addresses match. Just in case a judge or agent might find this information relevant.

How's that lawsuit comming moron?

Rumpole said...

I published 4:39 because although I cannot initially track anonymous posts, I can log their address and this particular individual has posted with his name, and anonymously, and wouldn't you know that the addresses match. Just in case a judge or agent or the public during an election might find this information relevant. And be assured, I have all your rants over the years and they will be posted at election time. Over and over and over again.

How's that lawsuit comming moron?

Fake Dr. Haber said...

Dear Captain Pro Se-
I would like to offer you my services.

As you can see, Rumpole is a professional, and thus in the heat of battle, he is cooly and coldly taking you apart. Because you are not a professional and have not been trained, when you get upset, you lose your temper and start cursing. Real professionals don't curse when things get tough. But then, they have trained for their job, and you haven't.

Now on another point- I find your use of the particular slurs very interesting. We all know how crazy you get when someone posts the opinion from Puerto Rico that mentions you "and your boyfriend."
And yet you resort to what we would commonly call anti-homosexual slurs. I find that very revealing, and I posit that there is a fair amount of self loathing and self hatred at play here. You are not only angry, but deeply ashamed.

I can help. I offer you a discount as to my psychological services. Now before you file a DPR complaint, the name I have used would only be recognizable to laywers who work in the justice building. You won't get the joke. But if you want help, I am serious about helping you. Just put up a comment with your email address and I am sure Rumpole will let that go through so I can help you.

Rumpole said...

Just because I thought this was one of the funnier and pretty relevant comments about our demented friend.

Benjamin Cardoza said...

After watching all 3 clips of Judge Milian, I can only say that she is an embarrassment who makes Judge Wapner look judicious.

Operation Restore Sanity said...

Rumpo, that popping sound and the flickering of lights here in Hialeah was Captain Pro Se's head exploding in rage. He rents a one room illegal efficiency here and sits in the back all day muttering "menudo" "rumpole" "I'll sue them all."

His campaign against the Puerto Rican Supreme Court went as well as his campaign against Judge Rothenberg, who spanked him when he went to the 3rd DCA. "Bad boy. Stop playing lawyer."

Anyway, we have all the animation you may care to see of this ridiculous nut on our operation restore sanity website. Have your readers ask around, chances are they know a lawyer who has the address and the daily password. It's great fun.

Anonymous said...

Rump, Mcgillis Gorillas is now a candidate for public office, and I think it is your duty to allow him to post as he wishes on this blog. We have the right to review his innermost thoughts.

Rumpole said...

You mean like this email he sent me when he was freaking out with rage?

From: World Wide Entertainment Co < mcgillismusic@yahoo.com>
Date: Oct 14, 2007 4:09 PM
Subject: whats your name
To: rumpole < howardroark21@gmail.com>


Whats your name asshole! What's your freaking name so I can sue the fuck out of you.

You are nothing but a sissy little bitch who deserves to be disbarred and exposed for being the crude, rude ignorant asshole that you are!!

=================================
www.mcgillismusic.com
A WORLD WIDE ENTERTAINMENT COMPANY
Telephone.: 1-800-384-7369

Anonymous said...

Yes-emails just like that-I want to cast my vote for clerk with full knowledge of his writing abilities and thought process. Let him post away

Anonymous said...

rumpole why do you keep censoring political comments i post

Rumpole said...

I didn't post a comment about someone speculating who I am because that person ( who I am most assuredly not) has asked me several times, and yes, not always nicely, to keep him off the blog, and because I agree that this blog- which he has nothing to do with- has intruded on his life, I have decided to respect his wishes.

Anonymous said...

rumpole why do you keep censoring political comments i post

Rumpole said...

Maybe, just maybe, I don't like you. More likely, this is the only stuff you're posting.

OP RESTORE SANITY said...

Rumpole. The animation on operation restore sanity's website has to be seen to be believed. If we emailed you a screen snapshot of Captain Pro Se's head exploding, could you please please please post it?

Anonymous said...

Judge Trawick is one of our better judges. If you want to crticize judges for not following the law try the incompetent disengenous judges of the 3rd DCA. They regularly disregard the law and breach their oath in order to affirm cases that should be reversed. They just say harmless error.

Anonymous said...

Ironically, the focus is on the improper sealing of one file. As someone who has practice before him in both Civil and Criminal arenas, overall Judge Trawick does a good job, probably better than some others we have on bench. Fact is, all too often Orders are floated that go a fit a feild. I prefer to focus on the governmental entities that violate the Public Records Law with impunity, and are allowed to do so by the SAO. I have testimony from a case involving the City of Miami in which a Police Major testified the cross-indexing of reports was “revamped” to frustrate lawyers obtaining the records - records which were clearly exculpatory- you know Brady - what did the SAO do - NOTHING. Oh - I forgot to mention the SAO - the folks who have the obligation to protect the law - was part of the infamous “Quality of Life” task force created by the City of Miami, the group who altered the indexing so we could not get them. SO PLEASE, ONE FILE, PROBABLY THROUGH AN OVERSIGHT, GIVE ME A BREAK!

Anonymous said...

I suspect many have read about the 12 year old whose parents were arrested and deported by Immigration. If you have not take a look at the inteligencia - they deport the parents and leave the child here. You got to wonder what has happened to our sense of justice or humanity. This reinforces my commitment to avoid any plea which could expose my client to the treatment these goons and the current adminstration is sanctioning. I trust those ASA and JUDGES who take issue with any of us who resist accepting pleas for fear of the immigration consequences appreciuate the point - although I hold lettle hope.
Here is the link for those who missed the story.
http://www.nbc6.net/news/14355735/detail.html

Anonymous said...

"Sissy?" LOL. Haven't heard anyone called that since 3rd grade.

Anonymous said...

Those Milian clips are priceless.

Anonymous said...

can someone suggest an attorney to set aside a guilty plea entered in county court to causing an accident with a fatality? i need to have the def, enter a plea of no contest as this is a civil wrongful death case? any help would be appreciated.. thank you

Anonymous said...

Would someone please explain who Mc Gillis is and why is he in and out of this blog often?

What is this all about?

Is McGillis a lawyer?

Fake Judge Trawick said...

Can we seal the blog?

Anonymous said...

Yeah Rumpole, it's really annoying that we hear this shit about Mcgillis, but we have no idea what its about. Let us know.

Anonymous said...

I looked up Mc Gillis in the Bar directory. He is not a lawyer.

I google him and find out he is a singer.

I join the choir in asking, who is that guy and why is he mentioned so often in this blog?

Is he the guy Rump frequently blocks?

Mr. Rump, do tell.

Anonymous said...

The correct sealing time should read "a life in being plus 21"...it would lend new meaning to that phrase and be just as useful