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 30, 2007

OUR WORLD IS ENDING





















Note: The following attempt to whip our reading public into a state of hysteria has been sponsored by PUBLIX- where shopping for hurricane supplies in a state of panic is a pleasure, the HOME DEPOT- where the clerks from the criminal court file room have designed a state of the art checkout system, guaranteed to have you out the door within a day of standing in line to purchase your emergency hurricane supplies; and channels 4, 7, and 10- where the quest for ratings require that they issue a minute by minute update of a storm that has some rain and winds of 20 MPH.



COURT STATUS
: Both the
Dade Clerk of the Court website and the
11th Judicial Circuit website are silent as to the possible court closings from the approach of tropical storm Noel.
Although the International Association of Anonymous Legal Bloggers guidelines suggest that we shut down the blog when wind speeds exceed 40 MPH, we will endeavor to bring you the same up to the minute breaking news service that we have provided in the past- unless the bars in South Beach remain open, at which point you're on your own.



TIME IS MONEY
We would like some feedback from our readers on the subject of Judges being on time. Specifically, while everyone it entitled to be late once in a while, what we are interested in are Judges who set calenders to begin at 8:30 and then do not show up to court until 9:15 or so. We have had several private emails complaining about certain Judges. Since we have not noticed this as a problem, we cast the issue upon the troubled waters of our disgruntled readers. Is there a problem? And if so, who are the ones that qualify for habitual offender status?



See You In Court, unless the panic over a little rain sends us scurrying to the nearest bar.


55 comments:

Anonymous said...

Karen M-F... Seriously, your calendar start time is 9:30... is it really that hard to take the bench promptly, rather than at 10:00 A.M. or later, especially on a trial day?

6th floor lawyer said...

Judge Scola starts on time. So does Judge Tunis. And Ed Newman takes the bench in County Court early so you can get in there, call any case at any time, and get out. Judge Newman makes it a pleasure to appear in county court.

Judge Bloom starts on time, but will not call trials out of turn on Mondays.

3RD FLOOR PDS said...

RUN MIGNA RUN

Anonymous said...

Soto, Blake, Schwartz, Reyes, Diaz, Thornton always punctual.....

Anonymous said...

What a great issue to discuss, judges not being on time. Anyone thought about the fact that the judges who are routinely late don't really care about what anyone thinks?

Anonymous said...

Judge Thomas is a nightmare with starting times. Calender set at 9, starts anywhere from 9:15 to 9:50.

Get your shit together and show some regard!

Anonymous said...

That spinner clerk is also a floater clerk. So besides being a spinner, she is liable to turn up in any courtroom on any day. And despite being a spinner she has, may I say with all due respect, quite a bedunkadunk.

Rumpole said...

Here's an interesting little thread from the other day:

Fake Mens Rea Prof said...
Rump -

I disagree with your analysis of the mens rea for this supposed offense.

The JAABers are deemed to have knowlege of the laws regarding the confidentiality of identifying information regarding the alleged victim of a sexual offense (and a minor, to boot).

They are certainly aware that the 4 page transcript has identifying information regarding the alleged victim in it.

How could intentionally posting that transcript with knowledge that it contains identifying information regarding the alleged minor victim of a sexual offense not be deemed to meet any mens rea standard under the law.

Tuesday, October 30, 2007 4:47:00 PM


JAABers Going to Jail?? said...
FROM BOB NORMAN's NEW TIMES BLOG:

Prosecutor To Blog: Take Down That Transcript
Tue Oct 30, 2007 at 04:08:00 PM
We've now gotten two comments regarding an alleged State Attorney's Office investigation into JAABlog regarding the posting of the Levenson-Reidy transcript in which, apparently, the name of the 16-year-old sex crime victim appeared.

In Florida, it's a second-degree misdemeanor to publish the name of the victim of a sex offense (I include the text of the law below). So rumors are swirling about criminal charges and lawsuits.

To get to the bottom of it, I called Bill Gelin, JAABlog's former impresario. He said that prosecutor Chuck Morton called him yesterday and told him about the statute and asked him to take down the transcript. He also said that Morton indicated that the SAO wasn't going in the direction of filing any charges.

Because Gelin no longer has a password or any way to access JAABlog, he phoned fellow JAAB founder Craig Esquenazi, who immediately took the transcript down from the blog.

I would be stunned if the SAO took the extreme action of filing charges in this thing. It was a mistake and clearly wasn't done with any intent to harm. Further, it was tucked into an official court transcript that should have been redacted by the agency that leaked it (hmmm, I wonder what agency leaked it). And on top of that, the 16-year-old involved engaged in consensual sex and is a star high school football player, making it a bit less egregious if you ask me. If you want to see what I think of the possibility of a civil lawsuit, read my comment here (scroll down).

Also, an alert: I just found the transcript linked on another blog. It goes to the original JAABlog document, which is still readable. JAABlog -- don't just delete the link, delete the document as well, if you know what I mean.

As for my earlier question, "Is JAABlog Dead?", I believe the answer is a resounding "yes," at least the JAABlog that we know. I'm anxiously awaiting Gelin's next move and will report on it as soon as possible.

Oh, here's that law:

794.03 Unlawful to publish or broadcast information identifying sexual offense victim.--No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter. Such identifying information is confidential and exempt from the provisions of s. 119.07(1). An offense under this section shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Tuesday, October 30, 2007 4:49:00 PM


Rumpole said...
Rumpole for the defense:

May it please the court: In brief summary, the suspected offending bloggers did indeed publish a transcript that was technically in violation of the law. But what were the circumstances? When we judge, do we do so blindly, or do we look at all the facts, so we may make a well informed decision?

The circumstances here were the offensive conduct of a wearer of the robes. A joke most foul was uttered at the expense of the accused. The joke cracked across the otherwise silent courtroom like a bolt of thunder, uttered by a Judge who knew better, and immediately admitted so.

So the intent of the post at trial here was to shed light on the conduct of the accused jurist. What did the judge say, and when did the judge say it? That was what my client was trying to do, and the mere fact that the individual in question in the offending transcript happened to be a minor was inconsequential to the issue at hand: the comments of the Judge.

So in summary: was my client's intent to bring scorn and ridicule upon a mere child? Or to heap scorn and ridicule upon that most foul and offensive of our modern day society- Judges with "foot in mouth disease"? Should you decided the intent was the latter, then a verdict of not guilty is most assuredly required.

Tuesday, October 30, 2007 5:12:00 PM

Anonymous said...

An even bigger problem is starting any calendar at 9:30am. That's 30
minutes of missed work (and money) out the door. Judges who have not been private should at least be required to speak to peers who were privates. This could give them some perspective on the demands of maintaining a private
practice law office.

Anonymous said...

Breaking Blogger news- rumors flying among broward lawyers that our own little loveable rumpole may indeed be a member of the cabal of lawyers bloggin in broward. Is rumpole- that avowed broward hater-actually a (gasp) broward lawyer or at least part time broward lawyer? As the broward blog falls apart and fingers get pointed, could it possible someone in a moment of anger spills the beans. Stay tuned. -Brave enough to post this my Rump de la RumP?

Rumpole said...

Yup.

Anonymous said...

Mills Francis, always late.

Newman on time but, clueless.

Bloom on time and polite but, launches you after a trial. Same for Ortiz and Glick.

When Emas was here, he went crazy if you were late.

Most judges in Miami are real good.

Most judges in Broward are late and have an attitude.

Anonymous said...

CAPTAIN keeps us up to date about the Judges who still have not opened up campaign accounts, BUT he should look at those who opened accounts but never raised any money? Migda, Milian, etc...what's up??????????

SHOCKED said...

RE: 5:29: OMG Rump= say it ain't so

Rumpole said...

ahhh....ummmm....ahem.....hmmm...
errrr..... it ain't so. But it's a new rumor and at least someone is thinking outside of the box, as in outside of Dade. Sadly, tis not true.

Anonymous said...

BREAKING NEWS! All flights to and from Nassua Cancelled!

Only good news is that The Captain may be on a boat in danger!

Anonymous said...

always LATE; JULIO JIMENEZ. ALWAYS.

Anonymous said...

I was on jury duty recently and the judge that welcomed us gave
a good reason for judges starting at different times--so that the lawyers don't have 15 things set at 9:00am. At least with staggered starting times, lawyers won't be 20 minutes late to everything. After over 15 years coming to the REGJB, that made sense to me. Also, the judge pointed out that if everyone (lawyers, defendants, witnesses, etc...) coming to court arrived at the same time (around 8:45am for 9:00am calendar), imagine how bad the lines outside would be. Think they are bad now?

That said, judges should start on time!

To be fair, maybe the judges can anonymously post the names of lawyers who are ALWAYS late or don't show up at all and NEVER call. As a former ASA, that always drove me crazy: "Pass for defense counsel, pass for defense counsel, pass for defense counsel...."

f/k/a/ CK

Anonymous said...

NOW HEAR THIS; notwithstanding the concern we all have for the hourly wage employees at publix and home depot PLEASE check your hurricane supplies before purchasing anything other than water and dry foods, I am sure you already have buried away flashlights, batteries etc. Do you really need a 400 dollar radio to tell you if the schools are closed?

Anonymous said...

To 10/29/07 at 10:31P.M.
Suggesting Migna will be on bench 1/1/08 is interesting!Such would have to be "divine intervention" and that is what she will need to become a Circuit Court Judge in09,10.........!
Doesn't matter if she is cuban,jewish,african american.

Fake Broward Lawyer said...

Rump --

Will you be traveling north of Countyline Road to defend Billy-boy and the other JAABers if they get prosecuted for posting the name of a 16-year old sex offense victim?

I'll be happy to buy you an overpriced coffee at our courthouse cafeteria.

Anonymous said...

Rump
What is bad is when Judges who are always late take your clients in when they are late. For some reason tardy Judges have no sympathy with those who have to find and pay for parking, or worse, rely on public transportation.
D. Sisselman

Anonymous said...

Brah:

We've got a a steady northeast wind, good fetch, and a swell building to 6 - 8 feet. Post-storm, as the chop drops, but before the swell fades, we should have the best surfing in 9 months. If that's not reason enough to cancel court, the big cheese should have his merciless soul pilloried.

Rumpole said...

f/k/a CK- its not Judges starting at different times. That's a good idea. I'm all for some Judges starting at 8:30 and some at 9:30- what the private emails to me are complaining about are the Judges who schedule an 8:30 calendar, which in turn causes lawyers who have a case on to make arrangements to appear on time (some have child care issues) only to wait until the Judge saunters in with a cup of coffee at 9:30. That is what seems to be bothering people.

Rumpole said...

6:54- I think not, but I'll write the c-4 motion.

Pacificus said...

Pacificus asks:

Rump,

How can he be a victim when the jury returned a not guilty verdict in 20 minutes?

Rumpole said...

Mr. Sisselman's comment is again the voice of reason and experience. Well said.

Pacificus-that is what we in the business call a technical defense. But an individual who makes a claim of abuse and is a minor is still considered a "victim" even if a jury found the defendant not guilty. NG doesn't mean it didn't happen- it means the prosecution lacked proof beyond a reasonable doubt.

OJ was found NG, and held liable in civil court for killing his wife and Ron Goldman. The jury verdict of NG doesn't mean they weren't killed. See?

Rumpole said...

He's positively a liberal humanitarian!!!!

WASHINGTON, Oct. 30 — In an effort to quell growing doubts in the Senate about his nomination as attorney general, Michael B. Mukasey on Tuesday declared that waterboarding and other harsh interrogation techniques “seem over the line or, on a personal basis, repugnant to me” and promised to review the legality of all such techniques if confirmed

The Winning Ticket said...

Clinton / Obama 2008

The winning ticket for Democrats

Romney / ??? 2008

The winning ticket for Republicans

Fake Ghost of Judge Learned Hand said...

Rump -

Your C-4 Motion is hereby DENIED.
Defendant JAABers are GUILTY GUILTY GUILTY.

They should be sentenced to 60 days of hooked on phonics classes to cure their habit of writing articles with numerous spelling errors (i.e., they gave the prosecutor in the "wide receiver" case "Cudos" for calling out the judge --- isn't it bad to give someone props for doing the right thing and then misspelling the word KUDOS???).

They should also be required to attend classes on Irony, Sarcasm, and the real meaning of Freedome of Speech.

For G-d's sake Rump, how can you claim to have an unmoderated BLOG and then block IP addresses and remove posts simply because they don't match your political agenda. I certainly can't imagine you doing that.

Let JAAB die and hopefully what comes out of it is a more responsible group of people that can have an entertaining, controversial (but legal) and vibrant debate and discussion about the Broward Courthouse.

And for G-d's sake, when that happens, hopefully they'll put up some decent football picks (or at least link to yours).

Anonymous said...

Mr. Hand says:
Any lawyers out there who can tell me why a search on Westlaw shows this statute to be unconstitutional and preempted yet it remains on the books? Anyone? Anyone?

West's F.S.A. § 794.03

To view the full text of this section, click on the following citation. FL ST s 794.03

Held Unconstitutional by
1 State v. Globe Communications Corp., 648 So.2d 110, 111+, S645+, 1116+, 917+ (Fla. Dec 08, 1994) (NO. 82,377)


794.03. Unlawful to publish or broadcast information identifying sexual offense victim

Anonymous said...

A defendant who dares exercise his constitutional right to trial by jury in a DUI in Miami-Dade most assuredly will pay with his liberty should he suffer an adverse verdict. This consistent use of the jail as a deterrent to the free exercise of our most valued right is an embarrassment to our system. Even a guilty in a DUI case north of the border does not result in automatic jail. Loosen up Judges and evaluate the cases and individual convicted before dispensing jail. There are only a few lawyers who actually try DUI cases so you still won't have to work to hard.

CAPTAIN said...

TO 5:41 pm

THE CAPTAIN REPORTS:

Here is a better fact to ponder ...

Of the 9 candidates who have filed to run in County Court, 4 of them have hired the same TREASURER to manage their finances:

HECTOR LOMBANA, Treasurer for:

Eric Hendon
George Sarduy
Nuria Saenz
Antonio Arzola

This guy must be really good at math !!!

CAPTAIN OUT .....

Anonymous said...

Judge Venzer is NEVER NEVER on time

Fakey Fakerstein said...

Rump -

I love your blog and your articles/commentaries, but I'm starting to question your qualifications as a defense attorney....794.03, Fla. Stat. was declared facially unconstitutional over a decade ago as violative of the 1st Amendment and Florida Constitutional Freedom of the Press/Expression provisions.

I don't think it in any way diminishes the recklessness of the JAABers for posting the name and outing a minor who was the alleged sex victim of a 40 year old man though.

No legitimate media outlet ever publishes the name of an alleged sex offense victim because of the chilling effect it would have on the reporting of such crimes.

How many rape victims, who already feel embarassment and shame over what they went through, would ever consider reporting the crime if they knew or had reason to fear their names would be plastered all over the newspaper/tv news/web?

Anonymous said...

This blog would be a lot better without the ridiculously uninformed comments of "the captain." Most recent example, does he actually think Hector Lombana is paid to be "treasurer." Duh!

Anonymous said...

Rump
What is bad is when Judges who are always late take your clients in when they are late. For some reason tardy Judges have no sympathy with those who have to find and pay for parking, or worse, rely on public transportation.
D. Sisselman

While I agree with David's comments about late Judges being hypocrites and taking late defendants into custody, I disagree with David as far as having sympathy. I, too, have to look for and pay for parking and stand in the security line. And there are some days when I don't park because I do take public tranportation, including the metrorail and/or the bus. I haven't been late for court and I think it is unacceptable that anyone else is (judges, defendants, attorneys, alike).

Barnaby Min

Anonymous said...

Rump:

Jaablog has a post saying it is back Friday.

Anonymous said...

Abby Cynamann is a sweet and fair person. All this vitriol directed at her is disgusting.

The fact is she's much better qualified to be a circuit judge than her opponent, and that's why she'll win.

Spiderman said...

Some judges purposely show up late (or set calendars early) to accomodate late-arriving Miami defendants and cops (CT, BPT, etc....) who do not plan for travel and toothbrushing time. All I wish is that they be consistent as to how late they are going to be and clue in the lawyers so we know what's up. If you are never going to take the bench before 9:00 on an 8:30 calendar, let us know!

Anonymous said...

On the issue of early start times: Judge Areces has a system and it seems fair and works. State and PDs' in court by 8:30 A.M.--Private start calling cases at 8:45A.M. Free for all at 9:00-10:00, Don't be late, sigh and a shrug if she has to go back!. Sometimes we come in late, traffic, front door-back door, client tardy. But over all, you can set your watch to her.

Pacificus said...

Rump,

As always thanks for the response. However the OJ civil comparison does not really apply. If the JAABERS are criminally charged the Standard of Proof will still be beyond a reasonble doubt. Just as it was in the Sex case. 794.011(1)(i) states "Victim means a person who has been the object of a sexual offense." The Jury already said not guilty so its seems it may be res judicata. No?

Rumpole said...

Fakey Fakerstein said...
Rump -

I love your blog and your articles/commentaries, but I'm starting to question your qualifications as a defense attorney....

Rumpole replies: My qualifications are well known: I am on time; I have a file; I'm ready to go; my hangover is better after a few asprin.

For religous and personal reasons I will not read statutes nor case law and you can easily spot me as I carry around my 1989 Florida Rules. As of 1989 the Statute was constitutional.

Anonymous said...

The felony judges should do the following: 1. Take the bench on time. 2. Let the State announce resets and no actions first to clear out the courtroom of some defendants, family, etc. 3. Let the private attorneys who are in court at the time the judge takes the bench call their cases, irrespective of why they are there. 4. Move on to arraignments and the rest of the calendar.

It is wrong that an atty that arrives on time and then has to sit for fifteen minutes while a judge does the arraignment calendar only discourages attys people from going to their court on time. I know judges like to do arraignments first so that the PD can convey pleas, but that does not move a calendar along any faster. What moves a calendar along is being able to call a case up once with both sides there and not having to pass a case because the atty was there but left.
Reyes does a good job of moving his calendar and I never have to stand in a line of attorneys while he takes a CTS plea or does 15 arraignments. As such, I always go to his courtroom first. He takes privates out of turn no matter what portion of the calendar he is on. I was in the pits for four years as an ASA and I've handled hundreds of calendars. His system is the best I've seen.

Anonymous said...

Barnaby Min get a clue.

FORMER VISITING PD said...

Izzy Reyes (who is a great guy) needs to get his bailiff in line.

Hey-just because someone pinned a badge to your chest does not mean that like all the other cops in Florida you get to violate the constitution.

1) IN THE UNITED STATES OF AMERICA EVERY COURT PROCEEDING IS OPEN TO EVERYONE. EVERYONE MEANS EVERYONE. YOU HAVE NO LEGAL AUTHORITY TO ONLY PERMIT DEFENDANTS IN THE COURTROOM.

2) FLORIDA IS THE SUNSHINE STATE. WE HAVE RULES REGARDING CLOSED PROCEEDINGS. UNLESS YOU WENT TO LAW SCHOOL AND HAVE FILED THE APPROPRIATE MOTIONS WITH THE MEDIA, EVERYONE AND I MEAN EVERYONE IS ALLOWED TO SIT IN THEIR COURTROOM (AS TAX PAYERS THEY OWN IT- NOT YOU) AND WATCH SO LONG AS THEY ARE NOT DISRUPTIVE.

3) IT IS STRESSFUL ENOUGH FOR THESE PEOPLE TO HAVE TO COME TO COURT FOR THEIR LOVED ONES WITHOUT SOME WANNABE COP ORDERING THEM TO SIT IN THE HALL UNTIL THE CASE IS CALLED. THEY HAVE EVERY RIGHT TO SIT THERE EVERY DAY ON EVERY CASE IF THEY SO CHOOSE.

BACK OFF JACK.

Anonymous said...

Seriously, Reyes Bailiff is a little much - tell him to back off Izzy, he's, well, annoying to say the least

Anonymous said...

Nice to see someone on this blog who isn't a subordinate with an axe to grind with the ever impressive Abby Cynamon. Mr. Corona will need a Greyhound bus to carry all of his S & L baggage, no matter which race he ends up in! As for the trashers, they may trip over their own cheap shots at Abby Cynamon!

Anonymous said...

Barnaby - you are not late because you are persecuting attorneys for the bar on the afternoon calendar before a "special master."

By the way, thank you for what you do -- your work is the only thing that keeps the legislature from taking over the practice of law.

Curious George said...

Notes & Questions:

Re: Our little friend with the crush on the little spinner clerk: What is a "bedunkadunk"?

Re: Justice Department Head Mucasey's Hearings: If he won't come out and say "waterboarding is torture under any circumstances", can anyone really believe he'll stop the practice of waterboarding anone they want to? Is he a Jack Bauer [24] fan?

Re: Judge Mills-Francis starting court late: Really, its about the hair! It takes time you know! You try doing all those different styles and colors! Really!

Re: Why arraignments come first: Isn't that because Corrections has requested they go first for security purposes so they can move prisoners out quicker?

Fly hip guy said...

Bedunkadunk is the junk in the trunk. The booty. The behind. The ass(etts) a spinner has.

Anonymous said...

Rumpole, why do you allow the posts about the clerk? You say that you never allow posts about a person appearance, yet you allow "spinner" which is a sexual street slang term about a woman's petite appearance and "bedunkadonk" which is another sexual slang term about the size/appearance of a woman's buttocks. I think that those posts are very disrespectful of the clerk and her appearance has absolutely nothing to do with her job performance.

Rumpole said...

We have broached this issue before. There is a tradition of flirting with people on the blog. Spinner, as I understand the term, means petit woman. I first heard the term on Ally McBeal- when someone said "who's that spinner?" when she walked into a room.

If the flirting is inappropriate or crude, I wouldn't allow it. If the individual sent me a private email, I would stop it. But in this case, I am assuming there is more than one petit clerk. I personally have no idea who they are talking about.

Everything you say is technically correct. And politically correct. And sometimes you just need to lighten up. But you have valid points, and I am open to being persuaded I am wrong.

I guess since no one flirts with me, I feel left out and envious.

Anonymous said...

Rumpole, don't be so naive, go to www.urbandictionary.com and check out what those terms actually mean. The poster has put enough identifying information that the clerk was told to look at the blog.

Fake Judge Levenson said...

Rump -

I'm sorry to hear nobody flirts with you.

Maybe its because nobody knows what you look like.

I'll let you know hon that if you've got a tight end, I'll be your wide receiver.

Do you feel better now that you aren't left out of the flirting?