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

Thursday, January 31, 2008

MEAN RUMPOLE

In the wake of our criticism of the FACDL and Judges Blake and Slom, we have been flooded with emails telling us in so many words to back off and give these guys a break. Criticizing these guys is apparently akin to kicking a puppy.

For instance:

"Rumpole: I think you need to work on your interpersonal skills. When you have a problem with someone, I have found that the better approach is to quietly sit down and talk it out with them. I would suggest that in the future you avoid public confrontations.
Sincerely, your faithful reader,
OJ Simpson."

"Mr. Rumpole: try not to act so erratically in public.
Britney Spears"

"Rumpole: Diplomacy is always the best course.
Best Regards,
George W. Bush."

So clearly, public opinion is running against our criticism of the chief judges for not quickly and effectively addressing the court house parking and access problems on Mondays (and Tuesdays when Monday is a holiday.)

Meanwhile, members of the FACDL have sent us emails promising that work is being done on the Sy Gaer memorial. Without naming names, we have been told that money has been appropriated, the memorial approved, and the only thing remaining is a few loose ends. Rumpole has obtained the emails dealing with those loose ends, which we print here exclusively:

From: FACDL Bigwig
To: Chief Judge:
RE: Sy

I am pleased to report that the joint judicial/facdl taskforce has reached the following agreements: 1) The picture of Sy will be 10 1/2 by 11 3/4, which represents an agreement by facdl to abandon their request that the picture be 10 3/4 x 12.
2) The height of the picture will be 77 inches, which represents an agreement by the judges to raise the height 4 inches.
3) The box holding Sy's book will be placed "not more than" 2 1/8 inches away from the supporting wall. 4) We still have not figured out a way to get the hammer and nails past security so we can hang the picture and secure the box. Please advise.

From: Chief Judge
To: Facdl Big wig

The hammer and nail issue remains a difficult point to resolve. We have received your request to bring the aforesaid hammer and nail through security. While you did provide the mandatory 12 copies, the original was signed in black ink, not blue as was clearly specified. The request is being returned to you to comply with our procedures. However, as you know, REGJB policy clearly requires that all items which are to be mounted on a wall for public display be done during the month of February only. Since our policy is to take 5 weeks to carefully review any requests to bring hammers and nails into the building, your request could not be approved until March 2008, which would make February 2009 the earliest this could be accomplished. However, since there will be a Judicial election in September and November 2008, we cannot actually approve your request until all new Judges have served 13 months on the bench. This means the earliest we could approve your request would be March 2009, which would push the actual instillation of the items until February 2010.
Best wishes, your pal,
CJ.

So there you have it. Your tax dollars at work.

When will Sy's memorial be up?
When will a citizen of Miami be able to come to court and find parking and not have to wait in line for an hour or more?

Call us a cynic, but we think the Dolphins will win the Super Bowl before this gets done.
We think they will find WMD's in Iraq before this gets done.
We think Dick Cheney has a better chance of being selected as Obama's running mate than these issues have of being resolved.


But what do we know?

See You in court.

40 comments:

Anonymous said...

All kidding aside, we should have somewhere in the justice buidling where we have a place to honor special people like Sy Gaer.

How about making a place on the first floor?

I still wonder why we don't have photos of some of our recently departed judges who made a difference... like Harold Solomon, Art Snyder and Ted Mastos,

Oooppssss.. Ted is still doing good legal work.

Anonymous said...

you must be joking. a memorial to a walking 3.850. what is he , a hero to his fellow bottom-feeders. there should be a statute of a catfish, another bottom-feeder.

Anonymous said...

Full of sarcasm and irony. Also enjoyed the adept spelling of your criticisms. Thanks for the lesson on how to use the word "then" in a sentence that way Rump.

"We think Dick Cheney has a better chance of being selected as Obama's running mate then these issues being resolved."

Rumpole said...

you're 100% correct in your critique. By way of defense: 1) Blogger spell check is down and I can never spell criticism. I have a mental block on that word.

2) As to "than" versus "then" I think you will see that I do use them correctly. I chalk this up to blogging on my phone in the airport. It's harder than you think. I would like to have the luxury of writing all my posts on Word and then use spell check and edit them at my leisure. But sometimes I cannot. Which does not make the errors any less egregious- it just explains why they occured. I would prefer to explain it THAN have you think I neither care nor know the proper way to rite. (and yes I know I used "than" when I should have used "then". Screw em if they can't take a joke.)

Rumpole said...

As to 6:26- we should have pictures of departed Judges. Manny Crespo. Henry Leyte-Vidal, and dear Harold Solomon-what a gentleman and Judge he was! Personally I could do without Snyder, but I guess he merits a picture as well.

Scott Saul said...

Hey 6:42, Sy was an incredibly generous and heartfelt man. He would do anything for his fellow lawyer. He helped a lot of lawyers in need in that court house. Anybody and everybody that ever worked with him or tried a case with him always had a kind thing to say. He was a terrific trial lawyer, the type of lawyer that jurys liked.

As far as a bottom feeder, being a lawyer to Sy was simply having fun. He didn't do it for the money.

He had no shortage of clients, all the Judges respected him and his funeral was a testament to his popularity.

He was from the old school of fighting for the client, not sucking up to the Judges, not getting invloved with politics and being a straight shooter. Even at his age, he was cooler than most of the crybaby nebbishes in the court house. Oh yea, he was also a war veteran that dedicated himself
to this country. Freedom and liberty were not just cliches like to me (and probably you), he actually fought to preserve our country's ideals...including our justice system.

What you probably are not aware of is that he was partners and mentors to plenty of movers and shakers.

The guy dedicated his life to the justice system (at the expense of his own family life). He dropped in the very place that gave him life and he gavea needed spark of life to the building as well.

Since his passing this summer, the building has been too quiet, prosecutors have had it too easy and Judges are not being controlled by his always "ready to try" his cases.

Remember, Walmart makes a hell of a lot more money than Neiman Marcus. Who you represent and how much you are making are not the same thing.

A "bottom feeder" would be the same as being a "low life". What do you call a person that anonymously knocks the deceased?!

Anonymous said...

ok, place the pictures on the fist floor. them create muruals of all existing judges and place them on the side wall of there respected courtrooms or office door as available; when they dye or get voted out move the murals to the first floor and that would cover the ugly pain and stains.

Anonymous said...

to 642. if he made the top 10 legends of dade he must have been a hell of a lawyer in his prime. he chose to continue to fulfill a need, represent the poor facing life in prison and he was better on his deathbed than 95% of the pds. your criticism of him is unwarranted and is analagous to saying Ali is not deserving of respect because he can't fight as well as he used to. Now go back to your porn, hand oil, and ice cream you classless prick.

Anonymous said...

judge art snyder was one of the worst judges to be at the mjb. he did some very bad things that do not reflect well on him. he does not deserve to have his photograph or any other honor...

Anonymous said...

OTHER BOTTOM FEEDERS; 1. Martin Luther King, 2. Gandhi( he never made any money). 3 Bill Clinton(never made more than 30000 a year until he became President and he presided over 8 of the most stable years in U.S. history 4.Ceasar Chavez 5. St. Francis of Assisi 6.Jesus 7.Mother Theresa 8. Bennett Brummer 9.The Kennedy Administration 10. Bill Wilson.

Anonymous said...

I haven't seen Butchko in action with my own eyes but EVERY thing I've heard about her is horrible. I want to go and watch when I can for the show. She needs to realize that while she doesn't need to like or even care about those charged with crime, it is her chosen role to be a fair and neutral party. If she wants to have an agenda, she should go to the office where she can do that - sounds like that would be the SAO. Otherwise we will simply have to take care of the problem the next time she is up for election.

Whether you like them or not, the only judges in the building who have the guts and professionalism to follow the law regardless of public opinion are Rosa Rodriguez and Will Thomas. Beyond that, bupkus....

Anonymous said...

I guess C. Judge hasn't gotten the memo, Rump. All pleadings are to be filed in black ink now. Seems Ruvin's office spent $$$$ and more $$$ on high-tech scanning equipment that doesn't recognize blue ink. Oh, and we would have submitted the requisite 12 copies if only we had been able to find a working copy machine somewhere in REG.

Anonymous said...

Art Snyder was a good judge who'd listen to a good argument and make common sense decisions.

Anonymous said...

how about ira dibitski, ellen morophonios, murry[chicken noodle] goodman, hutto,[the toe],paul baker, and ed cowart?

Anonymous said...

Why are people still ragging on Sy? He was many things, and definitely one-of-a-kind, but ineffective was not one of them. Sy fought like hell, but was also brutally honest with, each and every one of his clients.

Nearly every ASA and ex-ASA will tell a "Sy kicked my ass" story. Yet he didn't rub it in. And when many of us left the SAO or PDs for private practice, he'd provide you with tips, offer advice and assistance and often send a client or two your way to help you get started. Show me one REGJB lawyer who didn't learn something from Sy.

Sy was a great and funny guy and a dedicated and HUMBLE lawyer. He was probably the most-beloved figure at the REGJB. Let's remember him, honor him, and, most importantly, let the man rest in peace.

Anonymous said...

There is a nice portrait of Judge Cowart in Leban's courtroom.

I bet there is no budget for portraits.

Snyder had balls. I liked him. Many did. He had no problem doing a JOA when he thought the guy was not guilty.

Ellen Morphonious was great but, was tarnished after she retired when she said on an undercover tape that we don't take bribes.... anymore.

Harold Solomon was one of the finest men I ever met.

Huttoe was a really bad judge.

Anonymous said...

OK, 9:19 -

I assume you meant:

"their" not "there"

"first" not "fist"

"die" not "dye"

First learn the language, then write the ridiculous, nonsensical and ignorant things you post with some semblance of grammatical correctness.

Clearly you are proud product of our public school system.

Rumpole said...

well said 1:40 PM. I certainly learned plenty from Sy, including some legal theories that I didn't even know about- but he did, and he was aware of the current law. Sy read the new case law, and don't let anyone tell you otherwise. He was a great lawyer in many many ways.

Anonymous said...

Rump- the management regrets to inform your readers that for this weekend on the blog, including all important Super Bowl Sunday, the roles of Fake Matters and Fake Adelstein will be played by Fake Barry Wax and Fake Jonathan Schwartz. We regret the incovenience.

Now...on with the show.

Anonymous said...

Rumpole: I have a brilliant mind and have deduced that the Sy basher was a Sy supporter who intentionally criticized him so as Sy supporters/lovers would stick up to the basher with pro Sy stories to keep him in our thoughts as the true legend he was. /s/ the onion.

Anonymous said...

Rumor is that Fake Adelstein and Fake Matters have accepted a gig on the West Palm Beach Blog as two well known defense attorneys who don't like each other- Fake Williams and Fake O'Malley.

If the gig works out, they're gone from here. Much more $$$$

Anonymous said...

no way. sy was a walking rule 3. he was a disgrace. his way of practice was not to be copied by new lawyers. the pd did a much better job then he would. the epitamy of the true bottom feeder, and his lackey the state marcus.

Anonymous said...

Butchko creeps me out.

PHIL R. DEFENDER said...

How could anyone say that Judge Snyder was a good judge or nice man - he put our best lawyer Phil R. in the "box" for talking during morning calendar and made him sit there the entire morning with the prisoners! outrageous and not deserving of a portrait....

Rumpole said...

4:27- I am very certain that by a factor of ten Sy won more cases than you've ever tried.

Sy stood up and fought for his clients. He worked hard. And I am sure many many cases you would have pled, he went to trial and won or got lessers and did a better job for his client.

Anonymous said...

Butchko is at least better than other judges...ie ward

Anonymous said...

Dear Mr./Ms. 9:19 poster.

People do not dye. They die.

Maybe the dye in your hair affected/effected your brain.

(Choose one)

I can not spell either so, this is only a joke.

Anonymous said...

To 11:38: nice post but it's unfair to say, "the only people that follow the law" are Rosa Rodriguez and Will Thomas. They are great, but how about Stan Blake, Reemberto Diaz, Dava Tunis, John Thornton (new but good), Orlando Prescott, John Schlesinger, and some others? We get fair treatment in those courts.

bailif with one f said...

Anyone has any info on what herb walker is up to recently?

Pacman Jones and OJ said...

We follow the law too

Anonymous said...

All time worst judge is ADRIEN. No doubt about it! 2010 can't come soon enough.

Anonymous said...

Yesterday Butchko sentenced a PD client to 15 years for a strong arm robbery. Prior to trial the offer was CTS. The defendant had no priors, and the facts were that he punched a guy and took off on his bicycle. period. After trial the state attorney asked for 10 years (bad form to offer cts then ask for 10), mostly because he is afraid of Butchko as she routinely refuses to accept their plea offers then calls KFR to complain they are being too lenient. Didn’t matter cause she maxed him anyway. Stan, Joe, Please get her out of the building! That kind of shit is un-called for

Anonymous said...

Maybe Phil had it coming?

Anonymous said...

To 6:36

You almost had me considering your point until you mentioned Tunis and Schlessinger. You have misguided views I think.

What I mean by Rosa and Will being willing to follow the law is that they are unafraid to read precedent and follow it regardless of whether it means throwing out a confession or granting JOAs, etc. IF THE EVIDENCE AND LAW DEMANDS THAT. They are fair to both sides and the community as a whole. The other judges, regardless of whether they are nice or rude, should do the same and not be so afraid of bad press or reelection status.

Anonymous said...

there is case law about sentencing someone to 15 after a plea offer much lower prior to trial, the issue is called retaliation. did the judge indicate that she would accept the cts offer?

Anonymous said...

vindictive sentencing is illegal, there is case law.

Anonymous said...

Ah, and then we have other problems with other judges:

John B. Thompson, Attorney at Law
1172 S. Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net

February 3, 2008

The Honorable Bill McCollum
Attorney General
State of Florida
The Capitol PL-01
Tallahassee, Florida 32399 Via Fax to 850-410-1630

Re: Failure of Miami-Dade Circuit Court Judge Dava J. Tunis to Comply with Florida
Statute 876.05 Mandating Loyalty Oath, and Forgery of Oath Document

Dear Attorney General McCollum:

Available at your Internet site at http://myfloridalegal.com/__85256236006EB5E1.nsf/0/114E96F43ED08FCB85256342004479CD?Open&Highlight=0,loyalty,oaths is Attorney General Opinion is AGO 96-41 which makes it clear that all Florida public employees and elected officials must execute a Loyalty Oath. The Oath must precisely follow the language of the oath set forth in Florida Statute 876.05. It must be written, signed, and filed with the State. Further, the Oath must be “before any person duly authorized to take acknowledgments of instruments for public record.” In other words, it must be notarized.

The State of Florida has now helpfully provided me with the enclosed documents that prove the following as to Miami-Dade Circuit Court Judge Dava J. Tunis:

• On January 17, 2003, she signed a Loyalty Oath that does not contain the language mandated by Florida Statute. Further, the Oath is not notarized. Thus, it is invalid on both of these grounds.

• On September 29, 2005, Ms. Tunis signed another Oath that does not contain the statutorily-mandated language, and it, too, is not notarized. Thus, it is an Oath purportedly taken before no one. She signed this oath when Governor Bush chose to elevate her from the County Court bench to the Circuit Court bench.

• Finally, you will see the enclosed September 12, 2000, Oath of Loyalty purportedly signed by Judge Tunis as a County Court Judge. It is notarized, and the language, unlike the other two enclosed Oaths, actually follows the language set forth in 876.05, as AGO 96-41 makes it abundantly clear must be followed. The adherence to the law in 2000 on this document serves to indict Judge Tunis’ failure to follow the law in these latter Oaths.


You will also be able to see that the signature on this 2000 Oath is clearly not that of Dava J. Tunis. It is not even remotely similar to her signature on the other two documents. Note that the “D” in Dava is closed in latter documents with a clockwise stroke but it is closed in the 2000 document with a counter-clockwise stroke. Further, the middle initial “J” in the 2000 document looks like a “G” rather than a “J,” as its bottom is rounded, whereas it is a sharp line in the subsequent documents. Note also that the crossing line in the “T” in Tunis is completely different in the 2000 Oath from what follows it. In 2000, the T has no top and is written as if it were a lower case “t.” These two different T’s are not even close to one another in appearance and means of making them.

Finally, look at the precision with which Ms. Tunis forms the final three letters in her first name and the last four letters in her last name in the 2003 and 2005 documents. One can decipher what her name actually is by reading her script in these latter documents.

By contrast, the script of her 2000 “signature” does not give one a clue what her name is. It could be “Dara G. Teris” for all anyone could tell. Note also that dot above the “i” in 2000 document is directly above the body of the letter yet is to the right in all of the latter documents. Even more importantly, the final letter—the “s”—is actually finished and closed in all of the latter documents but is not finished and remains open in the 2000 document.

The 2000 Oath, then, is a forgery.

Therefore, Attorney General McCollum, we have two problems presented us by Dava J. Tunis: 1) On file with the State of Florida is a forged 2000 Loyalty Oath, and 2) her subsequent filed oaths—one in 2003 as a County Court Judge and one in 2005 as a Circuit Court Judge—do not comply with Florida law in that they are not acknowledged before anyone and they do not recite the mandatory language in the statute. Thus, Dava Tunis is in double trouble as to the Oath that keeps her on the bench.

It is clear from my reading of the statutory and case law that 1) Dava Tunis must be removed from the bench for failure to comply with state law, and 2) all of her rulings from the days she purportedly became a county court judge and then purportedly became a circuit court judge are null and void.

Beyond Judge Tunis’ failures to comply with the law, it appears we may have a problem beyond her lapses as others in Florida may be flouting this very clear and important law.

Please advise immediately what your office is going to do, at least about Dava Tunis. It is clear to me, and to others, that she must surrender her judicial office. Those who are charged with applying the law to others would do well to abide by the laws that apply to them. The Declaration of Independence says something about that.

Regards, Jack Thompson

Copy: The Florida Supreme Court
Media and others
Dava Tunis
The Florida Bar

Enclosures

Anonymous said...

Jack,

You are out of your mind. Get some help. It may not be too late.

Anonymous said...

Jack, Judge Tunis gave me a defense continuance 3 years ago. You now say that "all of her rulings from the days she purportedly became a county court judge and then purportedly became a circuit court judge are null and void."

So should I be in court tomorrow morning ready for trial?

Anonymous said...

To 2/2/08 @10:25: J. Tunis is not afraid to follow the law or do the right thing. I've been in and around her court for about a year. I couldn't count the times I've seen her deny state continuances for no good cause after previous continuances were for the same "no victim contact" or call for someone from career criminal on a case that should never go to trial. There are many of us that have been in her court when she calls the crime lab on the record in open court to get to the bottom of missing discovery. She definitely belongs in the category of judges who evaluate a case and make things happen.