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, November 13, 2007

WE RECEIVED THIS MEMO

Subject: ELEVENTH CIRCUIT JNC SUBMITS SIX NAMES TO GOVERNOR FOR VACANCY


ELEVENTH CIRCUIT JNC SUBMITS SIX NAMES TO GOVERNOR FOR VACANCY
The Eleventh Circuit Judicial Nominating Commission in Miami-Dade Countyhas submitted the following six names to Gov. Charlie Crist for his consideration for the vacancy created by the resignation of Judge Jorge J.Perez:


Joseph Davis

Judge Darrin Gayles
Judge Bronwyn Miller
David Peckins
Judge George Sarduy
Lisa Walsh

62 comments:

Anonymous said...

peckins again ? maybe its his time. i say Joe Davis is the one.

Anonymous said...

Who does Lisa Walsh know? She has never been inside a courtroom, and spends all her free time kissing up.

Great reasons to put her on the bench -> if you think that Adrien is the smartest guy you ever argued before.

Anonymous said...

For a sure laugh, go to the Miami-Dade elections website and look at McGillis' picture. It's like a goofy glamour shot.

f/k/a/ CK

Anonymous said...

Rumpole, tell all those Anglo lawyers and Judges to stop complaining when Latinos run against them. This JNC is a joke. If you've been watching, the last three slates of six names for the Circuit Court have had a combined total of 3 Latinos (Sarduy twice, and De la O once).

This last time, a lot of Latinos applied, including Jorge Cueto. We are supposed to believe only Sarduy was "qualified"? What about:

Manny Anon
Jorge Cueto
Miguel De la O
Mario Garcia
Maria Sampedro-Iglesia
Angelina Zayas

De la O was sent to the Governor last time, but not now. If he's no longer qualified why not Cueto, or Anon? They were interviewed. David Peckins is more qualified than these guys? Have any of you ever appeared before Peckins as a Traffic Mag? If you have, then you know there is something wrong with this JNC. Their just propping up the good old boys system.

Rumpole said...

I got to be honest with you. I really never even bother to consider whether a possible nominee is a latino, a jew, african american, or a woman. As to the De La O issue, without any understanding why these things happen, I believe there is a long precedent for not continually sending candidates to the governor. I do not think that being nominated means you will automatically get an appointment and that it is just a matter of time. That is no reflection on Mr. De La O, who I think would be a very good selection. What I am saying is that I just don't think ethnicity should be a factor. Is it a factor? Absolutely. It is just not something I concern myself with.

Fake Travel Channel guy said...

Freddy Moldovan's Ticket Lawyer's Vegas Express leaves tomorrow. ALL ABOARD for a week of Ticket Lawyer hilarity and hi-jinks in Vegas!!!!

As everyone's favorite eastern eurpoean attorney would say "dis is bulsheeeet!!!"

Anonymous said...

Public corruption investigators with the Miami-Dade state attorney's office are looking into the office expense account of Miami City Attorney Jorge Fernandez.

Fernandez, who earns more than $240,000 annually, also has the added perk of a $10,000 expense account -- to be used for ``reimbursement of reasonable expenses.''

Many of the expenses claimed by Fernandez have been for meals -- including one tab of more than $1,500 at Key Biscayne's Rusty Pelican restaurant.

HEY-HOW COME I WASN'T INVITED?
FAKE ALAN POSTMAN

Anonymous said...

THE REPUBLICANS ARE RIGHT-THERE IS NO SUCH THING AS GLOBAL WARMING:

SARASOTA -- (AP) -- Low levels in the Peace River due to drought conditions are threatening drinking water supplies for tens of thousands of people in southwest Florida.

Officials said it's likely water levels will drop too low to be tapped in a week or two, forcing suppliers to use groundwater sources that also are strained.

The Peace River/Manasota Regional Water Supply Authority, which supplies more than 250,000 customers in Charlotte, Sarasota and DeSoto counties, plans to drill an emergency well capable of producing 3 million to 4 million gallons daily.

Sarasota County, meanwhile, is going to wells at its Carlton Reserve and getting more water from neighboring Manatee County.

Water produced from those sources, though, may be substandard due to salts in the groundwater, said Mike Coates, the authority's water resources director.

The utility is not equipped to remove salts, which give water a metallic taste and can cause diarrhea.

Anonymous said...

f/k/a CK please get a life!

Judge Bronwyn Miller would be the perfect choice to be elevated. Her experience in the SAO is well documented. Her demeanor on the bench is one of the best. She is fair and smart.

Anonymous said...

What on earth would ever make you hallucinate that Jorge Cueto was qualified to be a judge, 8:30?!?!?! If he's qualified, then there are easily another 200 judges-in-waiting stumbling around KFR's hallowed halls.

Anonymous said...

Visited the Robing Room. Totally bogus. Very easy to manipulate. Just get a few friends together to trash or treasure the judges you like or like to hate. I'm surprised you are touting this. It has no statistical legitimacy...or any other kind, for that matter. Even the Dade Bar Poll, with all of its problems, is more legit. Fake Anonymous

Anonymous said...

While we are on the topic of judges, below is a copy of Milton Hirsch's comments on judges on his new blog, "The Manic Suppressive". I believe he hits the nail right on the spot with his comments:

It was a saying around the courthouse in the old days: A judge should take a sip of water in his mouth as he enters the courtroom, and not swallow it till he takes a recess. The sense of the aphorism is that when it comes to judging, less is more. Speak infrequently and your words will have greater weight. Withhold your feelings and your rulings will have greater force.

I don’t know if any of those old-time judges really held a sip of water in his mouth. (Some of them, as I think back, may not have been past sipping something else.) But they were, for the most part, tight-lipped and poker-faced. Their exchanges with the lawyers seldom consisted of more than “sustained” or “overruled.” Their rulings, even when wrong, were delivered in a manner calculated to uphold the dignity of the proceedings. Dignity, consistently displayed, would likely get a judge re-elected; which was, after all, the big idea. At least back then it was.

Not anymore. Today, re-election simply means that a judge failed to be promoted to the Bigs, the Bright Lights, Prime Time. It means that he or she will continue to endure the drudgery of the courthouse while an increasing number of his or her judicial colleagues are getting their own TV shows.

No fewer than four Miami-Dade circuit judges have traded real-life courtrooms for the Hollywood version. And who can blame them? A circuit judge makes less than $150,000. A TV judge may make ten times that much – and make an occasional appearance on Hollywood Squares, too.

The problem, however, is with the prospect of a judge treating a real-life case as an audition instead of an adjudication. We saw an example of that not long ago. The death of Anna Nicole Smith resulted in probate proceedings that should have lasted a morning. They lasted a week, with the presiding judge putting on a display that included everything but tap-dancing penguins – and judicial dignity. Rumor has it that that judge is now in line for a TV contract of his own.

Traditionally, Miami-Dade judges have been a hard-working, serious-minded lot. But the lure of television has the potential to alter traditional ideals of appropriate judicial behavior. Old-time notions of taciturn judging may produce dispassionate justice, but they won’t get you a gig on The People’s Court. And even if our jurists can resist the temptation to embrace the judge-as-Borscht-Belt-comedian style that might enhance their chances of seeing their names in lights, how long will it be before litigants and even lawyers come to court expecting to be treated to some schtick?

Being a good judge is a tough job, particularly in Miami where litigation is our municipal pastime. Add to its difficulties an expectation on the part of those who come to court that the judge is there to entertain, and the sum of those difficulties becomes more than the scales of justice will bear.

Anonymous said...

Lets have a real discussion, most of the people who run or seek appointment, not all, MOST, are not the best qualified.

The best qualified to run or seek appointment for any public office rarely do, and that's something we should think about.

Instead, we can have this irrelevant discussion about ethinicity, and all the other crap that is irrelevant.

Continue....

Anonymous said...

PERKINS SHOULD GET THE TAP.

Rumpole said...

"PERKINS" IS A RESTAURANT=- Peckins is the nominee for Judge.

Rumpole said...

There will be no more posts from Milt Hersch's blog, as Mr. Hersch writes 5 paragraphs to say hello. Just summarize what he has to say. (Is he still calling himself the Dr Ruth Of the 4th Amendment? Can we offer new possible nicknames? Like the "Britney Spears of Suppression?" Something a little more in line with the 2000's?)

Anonymous said...

I think he means Marlon Perkins, Rumpy. He was very good at snake wrestling which should be a prerequisite to sitting on the So. Fla. bench. BTW, whats the website of Uncle Miltie's blog. I liked what you posted from it. Thanks, Fake Anonymous.

Anonymous said...

Milt Hirsch

Richard Hersch

get it right Rumpoal

Anonymous said...

Don't knock Milton Hersch

Anonymous said...

Milton Hirsch- you are shameless!! Your blog is a stupid and so are you. And by the way, stick to case law cause you can't try a case worth a shit. And that's a fact Jack!

thetruth said...

Milt had a case transferred from courtroom 4-1 to the sixth floor where his head could more easily fit through the larger vestibule.

Anonymous said...

3:14 pm - thanks for reminding all of us why the Dade criminal bar needs moderation on their blog.

Anonymous said...

ASA: MAGGIE GERSON memo:

This case was initially assigned to me on October 26, 2007.

On October 23, 2007, the defendant Jeffrey Weinsier was arrested for Armed Trespass on School Property, Possession of a Weapon, Violation of Carrying a Concealed Weapon and Resisting Arrest Without Violence. After reviewing all applicable Florida Statutes with and/or against the pre-file notes taken from Officer Jimenez it was determined that the appropriate action in this case is to announce a No-Action.

The decision to No-Action this case is appropriate, first and foremost due to the fact that defendant was not on school grounds. This is evidenced by the video footage that was shot by the defendant’s cameraman while the situation was occurring. Therefore, due to the fact that the defendant was not on school property it cannot be said that the defendant was trespassing. Since the defendant was not trespassing, anything that was found on the defendant after he was arrested will be suppressed as a matter of law. This is a well-known proposition in the law.
As to the Resisting an Officer without Violence and/or, Failing to Obey a lawful command charge, the arrest may have been lawful had there been a lawful command. However, the command does not appear to be lawful in this case since being on the sidewalk in and of itself is not illegal. Additionally, other students/pedestrians are seen on the video footage on the same sidewalk as the defendant and they were not instructed to cross the street as the defendant was. The law and justice require equal application and cannot be individually selective.

The charges regarding Possession of a Firearm and Violating the Rules of Carrying a Concealed Weapon are mute due to the fact that the there was never a lawful command given. Thus, anything that is found on a defendant that may lead to further charges being added that stemmed from that wrongful arrest will be suppressed. This is a long-standing, well-established rule/law of criminal law and procedure. Also as a side note, the charge of Carrying a Concealed Weapon onto School Property would not apply since as stated above and as seen in the video footage, the defendant was not on school property.

I also took into consideration the 500ft School Safety Zone Statute. This statute essentially provides that any school property owned or leased by the school can be considered school property. Additionally, the statute provides in part that a person may be considered to be trespassing if they were not there for legitimate purposes. I determined that this is not applicable since it does not appear to be the defendant’s intent to harass or interfere with any school property besides covering his news story.

Finally, the charge of disrupting a school function was reviewed and examined. According to the information provided to me by the police officer and in review of this statute it does not seem applicable since none of the
defendants actions while on the sidewalk 1) does not appear disruptive and 2) the children had already been dismissed when the defendant was arrested.

Anonymous said...

Rumpole your a criminal lawyer and I am not so answer me this: What is the difference between a "NOLLE PROS" and a "NO ACTION" case?

Does it mean one can be sealed and the other can't because in a NOLLE PROS case information was filed and in a NO ACTION case no information is filed?

Rumpole said...

2:15: As Milt and Richard would both tell you: A Hirsch/Hersch by any other name would still move to suppress all evidence.

old guy said...

I like what Ms. Gerson did. It was the right thing to do + I can only hope that the big-wigs at SAO gave their full approval.

On second thought, they must have or she would be back at County Court as penance.

Anonymous said...

To Wednesday, November 14, 2007 5:02:00 AM

I never questioned Judge Miller's qualifications. In fact I have no doubt she'd be a great circuit judge based on her performance as a county judge. She's as smart as she is sweet as she is gorgeous.

I posted about McGillis' goofy picture on the elections website. In fact, here is a quick secret: If you go to the elections website and look back at the 2006 elections you can see Judge Miller's campaign photo...hubba hubba!

f/k/a/ CK

Rumpole said...

4:18- it's important to come to the experts with these problems. No expert being available, we will endeavor to answer your question.

When an individual is arrested, the prosecution has a period of time to file charges. If they decide not to file charges they take "no action" on the case, and the charges are not filed and the case is closed.

However, when the charges are filed, and the defendant is fortunate enough to hire someone like Rumpole, then after we get finished doing what we do, the prosecution dismisses the case, which for technical legal reasons is called a nolle prosequi. So to summarize- a no action is when chrges aren't filed- and a nolle prosse (also called a nolle prosequi- meaning in latin "will no further prosecute" as Rumpole has convinced us we cannot win) is when the case is dismissed by the prosecutor's motion after the charges are filed.

Both cases may be expunged from your record (for an additional fee).

Anonymous said...

Who taught that ASA to write? It's embarrassing! That memo read like a high school essay.

Anonymous said...

Gayles is the most likely this time to get the nod.

De la O must have done something to piss off the committee.

Gayles and Miller are nice people but, Gayles has more experience as he was a federal prosecutor too.

Fake Roy Black said...

"Both cases may be expunged from your record"

Ahhh..you are wrong on this Mr. Rumpole. A case that has been filed (meaning the state filed information) but later dismissed the case cannot be expunged it can only be SEALED. You are correct that a NO Action case may be expunged.

Rumpole don't worry even the great one's need to be corrected.

Fake Roy Black

Rumpole said...

NO SIR Mr. Black. It has been a while since you were in State court. A nolle prosse is EXPUNGED. A W/H can be sealed. Thats why I get the state court big bucks.

Rumpole said...

PS- Have all your clients that you have been giving the wrong advice to for all these years to contact me and I will fix things before you get sued.

Anonymous said...

ALL ABOARD the ticket lawyers LAS VEGAS Express. Leaving TODAY- a gangly group of ticket lawyers led by Holdem/Foldem Freddy Moldovan leads a fearless gang of ticket lawyers to Las Vegas for fun and ticket lawyer hi-jinks.

ALL ABOARD!!!!!!!!!!!

Anonymous said...

Great conversation why on the subject. Rumpole what if the defendant gets a W/H and later gets that W/H vacated and gets a Nolle Prose. Can that be only sealed because the W/H came first even though later is was vacated to a Nolle Prose?

Anonymous said...

Dear Gerson:

Was the issue of the concealed weapon mute or moot? Just wondering.

Anonymous said...

Rumpole have answers to legal questions other than "your honor my client agrees with 4 hrs traffic school and will consider the 6 hrs offered".

Rumpole a legal mind ---PUUUHHLEEEEAASE!!!!!

Rumpole said...

Yes- the "mute" versus "moot" issue is a bit embarassing.

a friend of the trialmaster said...

i hear that the trialmaster has been very hot lately in both federal and state court.

Anonymous said...

At 40,000 dollars, I can glad when the ASA can think -- spelling is optional.

Anonymous said...

6:11PM and Rumpy, great now a secretary has been fired.

Anonymous said...

Breaking Entertainment News:

Singer R. Kelly isn't about to let a measly 14 counts of child pornography stop him from hitting the stage in his latest U.S. tour, which kicks off today.

Kelly will be joined by Keyshia Cole, Ne-Yo and J. Holiday. TMZ has confirmed that all three are of legal age. The only obstacle R. has to overcome is getting permission to travel. See, when you allegedly mess with kids, you get treated like one.

Anonymous said...

The attacks on Milton are pretty silly. He's arrogant as hell. And, I relished beating him senseless in court years ago. But, you have to give the guy credit where it's due. He's extremely bright and, if you can get past the bullshit, a decent guy with a wicked sense of humor (when I was a prosecutor, he tortured one my colleagues mercilessly. His methods were a bit juvenile at times, but, it was funny as hell). If you're going to slam him, at least do it honestly.

Anonymous said...

Once a case is nolle prossed, it can be expunged or sealed.... if the client is otherwise elegible.

The Dade clerks don't actualy expunge... they only seal everything so, what's the big deal.

Anonymous said...

de la o a good selection?????? that guys biggest criminal case was defending an alligator 15 years ago. that guy belongs would be as comfortable in a criminal court room as bennett brummer

Anonymous said...

If there is no probable cause for an arrest but the state files the charges but later realizes its error and nolle prosses the case but later refiles the case with probable cause after the dui blood sample comes back from the lab and the defendant pleads no contest and the judge mistakenly gives a withhold which the state appeals and then on a writ from the appellate court properly adjudicates the defendant on remand and the defendant completes his sentence appealing the ruling on the denial of his motion to suppress the blood which his plea was conditioned on appealing may the defendant then ask for an expungement or sealing of the records upon winning his appeal of the ruling on the motion to suppress and the subsequent nolle prosse or is it a no action on the refiling after the dismissal by the appellate court? THIS SOUNDS LIKE A QUESTION FOR ONE OF THE BIGGEST LEGENDS IN HIS OWN MIND IN MIAMI JURISPRUDENCE, MILTON HIRCH.

Anonymous said...

poor peckins he is becoming the eugene mccarthy of people wanting to become judges

Anonymous said...

you censored my poking fun at you rumpole why? can't take the heat stay out of the blogging biz!

Rumpole said...

8:19- wrong wrong wrong. Any nolle prosse any time- regardless of whether the client has priors- can be expunged. You can't seal a case with a prior adjudication.

Did you know....you can expunge a case that was sealed after it has been sealed for ten years???

Rumpole said...

7:14- my good man. I will wager that I have more not guilty verdicts for life felonies or above than you have trials- bench or jury, in your whole miserable two bit legal career.

8:41- There is only one comment that was censored today, and I am sure it was not yours. See below.

Rumpole said...

A blog quandry has developed:

I did not post a comment about a potential candidate for an elected position because it referred to the individual - in a respectful way- as openly gay. Now I do not personally know the individual mentioned in the comment. Nor do I know if he is gay, nor do I know if he is "openly gay" nor do I know if the discussion about it is relevant.

Therefore, as much as I do understand the comment was not mean spirited in any way- being openly gay is as relevant to the merits of a job as being openly heterosexual, or openly celebate. Why is that tag placed on an individual? Lets assume most candidates are not gay- no one writes "Senator John McCain, the openly heterosexual candidiate for president...." See my point?

Anonymous said...

On the subject of withholds, anyone here about the bill to eliminate traffic witholds?

Anonymous said...

Rumpole said: "You can't seal a case with a prior adjudication."

Rumpole what is adjudication was had as a w/h but later vacated by the Judge and the State than decided to Nolle Prose what does that mean? Would the original W/H adjudiction prohibite expungment? or does the fact that the Court vacated that and than the State decided to Nolle Prose?

Any legal minds .....

Rumpole said...

English people English. It's "hear" when asking if anyone has heard information- not "here".

As for that last comment, there may well be a question in there, but damned if I can find it.

A w/h that is vacated and then nolle prossed can be expunged.

Anonymous said...

10:33. That was probably the most non-sensical post I've ever read on this site. The answer is stop representing people.

Anonymous said...

Rumpole,
Beg to differ on your 8:56 comment regarding expungement and priors. A defendant is not eligible to have a nolle prosse expunged if their criminal record check indicates any prior convictions on criminal charges. Thus, a defendant with a conviction for a criminal DWLS or Reckless driving case will be prohibited, possibly years later, from having an arrest expunged, no matter how wrong the state may have been in filing charges on the case.
Something to think about when the state 'offers' an adjudication on those stupid NVDL charges.

Fake F. Lee Bailey said...

Rumpole says: "A w/h that is vacated and then nolle prossed can be expunged."

Excuse me your majesty but once the State files the information the case can never be expunged ONLY sealed.

The help Rumpole with Florida Criminal Rules of Court and basic case law is every other Tuesday at Cheesecake Factory in the grove.

Anonymous said...

I can't believe that criminal defense lawyers don't know about something as basic (and profitable) as sealing and expunging.

You can expunge when and indictment or information was either not filed, or if it was, it was later dismissed or nolle prossed. If you don't like readimg statutes because the book is too heavy or whatever, grab an expungement form at the clerk's office counter and read the certification of state attorney that has to be filled out when you do an expungement.

Anonymous said...

Hey fake f. lee,
Perhaps you haven't practiced in Florida in a while, but simply because the state filed an information doesn't mean a case can't be expunged.

Read the next line of the statute that you're looking at.

If the information was dismissed or nolle prosequi by the state or court, and the charges did not result in a trial, then the case may still be expunged.

Therefore, in the nonsensical hypothetical posted above, because the defendant entered a plea of no contest, with no trial, the judge wrongly gave a w/h, the state filed an information, appellate court adjudicated, motion to suppress later won, and case nolle prossed, the defendant is still eligible to have case EXPUNGED.

What would suck is if the defendant went to trial, and was found Not Guilty. At that point, he couldn't have case expunged.

Rumpole said...

THANK YOU 11:03
we have been saying it all along- you can get a charge expunged if it is nolle prossed or dismissed or you are acquitted of the conduct. Period.

Anonymous said...

I am 100% sure you can only seal an acquittal. You can not expunge.

I tried... it failed. See the statute.

I am really sure...

Anonymous said...

Lisa Walsh has never been inside a courtroom? She had tremendous experience as a trial PD and an appellate PD. Trials, 3DCA, Fla. S.Ct. What exactly do you base your opinion, on, other than false "facts?"