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

Wednesday, February 27, 2008

BROWARD BLOG'S SOLUTION & THE PASSING OF WILLIAM F BUCKLEY

Our Brother Bloggers North of The Border have proposed a solution to the pending court funding-JA furlough crisis: have the robed readers donate a small portion of their salary (like 5%) back to the State to be used to fund salaries for judicial assistants.

From the Broward Blog:

JAABLOG challenges all members of the Florida Judiciary to donate 5% of their pre-tax earnings to their local court administration budgets.In Broward alone, with 89 County and Circuit judges earning $137,000 and $145,000, respectively, the extra revenue would total a whopping $627,450. Across Florida, with 990 judges (including higher court judges who earn more), the savings would total over $7,000,000.The average Judicial Assistant (JA) earns roughly $35,000 a year, or $2,917 a month. Many other individuals paid out of the court administration budget earn much less. Broward and other jurisdictions are currently contemplating furloughs for these unsung heroes of up to 22 days, or more than one month of work. Many of them are single parents, and live paycheck to paycheck. In Broward alone, the savings of $627,450 would eliminate the need to furlough a single JA, with plenty of money left over to help other deserving civil servants.

Quicker than a robed reader running to the restroom when the check arrives, a whopping ZERO, ZILCH, NADA, NONE, ....no Judges have responded to the Broward Blog's challenge. What we like best is that they are continuing their challenge every day with a running total of how many days the challenge has been running, and how many judges have stepped up to the plate.

We love those guys in Broward. All they have done so far is bring down the chief judge, publish a running series of pictures of empty courtrooms in the afternoon, highlight a creepy court officer who was hitting on female defendants, and basically give a voice to all those that have been previously stepped on, mistreated, or otherwise just given "The Broward Treatment" by one of those black robed wearing tyrants that have been entrusted to dispense justice North Of the Border.

We note with sadness the passing of William F. Buckley at age 82 today.

The NY Times Obit is HERE

In the opening paragraph the Times wrote:
William F. Buckley, who marshaled polysyllabic exuberance, famously arched eyebrows and a refined, perspicacious mind to elevate conservatism to the center of American political discourse, died Wednesday at his home in Stamford, Conn.

The Times further wrote that
"In remarks at National Review’s 30th anniversary in 1985, President Reagan joked that he picked up his first issue of the magazine in a plain brown wrapper and still anxiously awaited his biweekly edition — “without the wrapper.”
“You didn’t just part the Red Sea — you rolled it back, dried it up and left exposed, for all the world to see, the naked desert that is statism,” Mr. Reagan said."



Rumpole notes: Mr. Buckley gave an intellectual voice to conservatism, when all that otherwise existed were some right wing nuts in the John Birch society. The conservatism Buckley wrote about challenged the assumptions that altruistic statism was the backbone of an enlightened society. The Times Obit had this piece from a George Will article:

The liberal advance had begun with the New Deal, and so accelerated in the next generation that Lionel Trilling, one of America’s leading intellectuals, wrote in 1950: “In the United States at this time liberalism is not only the dominant but even the sole intellectual tradition. For it is the plain fact that there are no conservative or reactionary ideas in general circulation.”
Mr. Buckley declared war on this liberal order, beginning with his blistering assault on Yale as a traitorous den of atheistic collectivism immediately after his graduation (with honors) from the university.
“All great biblical stories begin with Genesis,” George Will wrote in the National Review in 1980. “And before there was Ronald Reagan, there was Barry Goldwater, and before there was Barry Goldwater there was National Review, and before there was National Review there was Bill Buckley with a spark in his mind, and the spark in 1980 has become a conflagration.”


We have previously written that John McCain may be the last sane man in the Republican party. That is because McCain represents the last gasp of power from intellectual conservatives who understand that the issue is not Jesus and Republicans (ala Huckabee), but the issue is altruistic collectivist ethics versus the freedom of the individual and capitalism. When the Republican Party is finally and completely taken over by religious statists, there will no longer be voices advancing the intellectual conservatism that Buckley started, and Regan brought down the Soviet Union with.

See You In Court, where no Judge we know of has accepted the Broward challenge. Although we do admit we have received copies of emails we have not been allowed to publish in which several Dade Criminal Court Judges have propsoed solutions to the problem, including one proposal that the entire court system- Judges, clerks, JAs, everyone, take a one day furlough, with the belief being that the pain of the furlough would be equally shared by everyone.

33 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

NORTH OF THE BORDER .....

Broward judge seeks leniency for 'arrogant, discourteous' behavior

Broward Circuit Court Judge Cheryl Aleman has asked the Supreme Court not to publicly humiliate her for her repeated acts of publicly humiliating others in her courtroom.

Funny, huh.

Read the Sun Sentinnel article here:

http://www.sun-sentinel.com/
news/local/broward/
sfl-flbjudge0227sbfeb
27,0,1604151.story

What do they say - "what goes around, comes around".

CAPTAIN OUT .....

Anonymous said...

Senor De La Rumpole:

Interestingly enough a Miami Dade Robed one has come up with an novel idea. The suggestion made by one Paul Siegel was to have all employees in the Court system take 1 day off. That is shut all Court operations down for 1 day, say a Friday. He believes this will be enough to compensate for the shortfall and not hurt (too badly) those that can least afford it. I don't know if it would actually work or the ramifications it might entail but...I like the way he's thinking.

Anonymous said...

Funny, I said the same thing about the judges and NO ONE on this blog commented either (I suggested that judges, who make a lot more than anyone else, can greatly reduce the amount of furlough time the clerks and others would have to eat by participating).

The sad truth is, nobody cares about the little guy, including you sanctimonious defense lawyers also bragging about championing the cause of the disenfranchised.

Rumpole said...

Yes, Judge Siegel deserves publicity and applause for his approach to solving the budget shortfall. It's the best idea we have heard yet.

Sam I Am said...

Multiple Miami-Dade judges have volunteered portions of their salary for the benefit of their JAs.

Anonymous said...

http://www.wfsu.org/gavel2gavel/archives/08-02.html

Charles J. Crist v. Florida Association of Criminal Defense Lawyers, Inc.


The oral argument video of today is here

Anonymous said...

Let Alex Penelas and the other mayors donate some money to alleviate the crisis. After all, it was them who proposed and pushed the infamous Revision 7 to Article 5 that gave rise to this crisis.

Anonymous said...

Allright I just watched the oral argument in the Charles J. Crist v. Florida Association of Criminal Defense Lawyers, Inc.

The Lawyer for the FACDL missed an opportunity in not addressing that the TPR and Dependency lawyers from the Conflict lawyers office will not be made by conflict out as opposed to the Criminal cases.

http://www.wfsu.org/gavel2gavel/archives/08-02.html

Charles J. Crist v. Florida Association of Criminal Defense Lawyers, Inc.


The oral argument video of today is here

Anonymous said...

Rumpole, you obviously have absolutely no grasp of who Buckley was and what he stood for. He understood the nexus between faith and conservatism. Have you read of his relationship with Malcolm Muggeridge? Didn't think so.

Jack Thompson

old guy said...

Jack,
You putz.

I too have faith. However, I do not believe in your faith. I believe in the faith of Joseph, Mary, and Jesus believed in during their lives.

They never spoke of tax breaks for the wealthy as a means of encouraging the economy - while fighting against a rise in the minimum wage.

I am a fiscal conservative, but am not foolish enough to think that my faith has anything to do with how my government should act.

We may be a nation primarily populated by Christinans, but we cannot become a Christian nation.

The Puritans and Quakers came to this land to escape from thinking like yours. That is why the founding fathers added those 'Bill of Rights' amendments. You have read the first one, right?

I mean, you are an actual lawyer - are you not?

Anonymous said...

Just curious, but why should the judges be forced, or coerced, into giving up part of their pay? Did they create the shortfall?

Welcome to our society, where, for the most part, those who further themselves get paid more, get better benefits, etc. The manager at a Burger King gets paid more than the guy ringing up my value meal.

Having judges give up part of their salary might be a nice gesture, but they shouldn't have to. It's a temporary fix. This isn't a problem caused by the judiciary. Remember the other two braches? The legislature needs to solve the problem. What incentive will they have to fix the problem if the judges put a band-aid on it? And what's going to happen with the budget next year? or the year after?

And no, I'm not a judge. But if I were one, I would be very unhappy that people would be expecting me to put in my own money and think that this is a real solution to the problem.

Anonymous said...

and while we're asking all the judges to return 5% of their salaries, why not ask all the board certified litigators, civl and criminal alike to also donate 5% of thier incomes to keep the system and the courst afoat.

Rumpole said...

I did not publish the comment referring to a member of the bar as a derivative of the name "Richard".

Rumpole said...

I for one am willing to dontate 5% of my next disorderly intoxication fee. $12.50 or thereabouts.

Anonymous said...

RUMPOLE! - show dick some respect!

CAPTAIN said...

THE CAPTAIN REPORTS:

Rump, I just wanted to report that, I am looking out my window, and I can't remember when the sky looked so blue and that we have so much to be thankful for - sometimes, we just forget to say thanks for all we have.

(Maybe JT, needs to remember that too).

Have a great day.

Cap Out .....

Anonymous said...

Darling Old Guy and Captain (Whoever Either of You Is):

The point, which even a "putz" recognizes it (if I'm a putz, fine) is that WFB, Jr., since he's the one we're talking about, continually drew the nexus between faith and conservatism.

His first book, for Heaven's sake, was God and Man at Yale. Recognize that?

Rumpole, on the other hand, never missing an opportunity to slam people of faith when one of them dies, thinks that Buckley was not a person of "faith in the public square." Wrong.

As to whether or not I am thankful, Captain, that the sky is blue: I am thankful for all things that God put in this world, even you.

Jack Thompson

Rumpole said...

My Dear Mr. Thompson: The mere fact that Mr. Buckley was a practising Catholic does not mean that he subscribed to the "This is a Christian Country" brand of "republicanism" that has now infected the Republican party.

Mr. Buckley's conservatism was born of intellectual thought. I would dare say that he would never support an idiot who ran for President proudly proclaiming that he did not believe in evolution.

Mr. Buckley was a George Herbert Walker Bush, Ronald Reagan, Barry Goldwater, type of Republican, with a dash of Nelson Rockefeller and Lowell Weicker for good measure. Meaning a "Northeast moderate intellectual conservative."

I have no bone to pick with people of faith. I have every reason - living in a Country that PROHIBITS the merging of Church and State- to pick a fight with every candidiate who proudly runs for office by loudly proclaiming that they should be elected because they are a good Christian. I would have the same problem if the candidiate ran proclaiming they are a good Jew, Muslim, or Buddist. Religion has no place in the politics of our country, and as a person who proudly cast his very first vote for Ronald Wilson Reagan, and who campaigned very hard for George Herbert Walker Bush, I am dismayed to the point of having abandoned the Republican Party because the party has been hijacked by right wing Christian nuts. Ronald Reagan was a Christian- but he was not a zealot. And these days, all I see out of Republicans is a dash to the right to see which one can out top the other in their loud proclamations that faith is more important than reason and science. Tell that to a NASA Astronaut sitting on top of a rocket, or a US Navy Sailor sitting in a sub 800 feet underwater- ask them if they want the engineer who designed their ship or sub to be a man or woman of faith, or reason and science. And that does not mean a scientist cannot be a person of faith. But our politicans seem to believe faith precludes a belief in science and reason.

Anonymous said...

Rump -- if $12.50 is 5% of what you charge to defend a DI, then $250 is your fee. Can I put you on retainer for $1,500, and that should cover my next 2 weekends of debauchery?

Signed,
Pac Man Jones

Anonymous said...

To add to 10:45's comment, the entire judicial branch, one of the three "co-equal" branches of government, which includes all the non-judges as well, gets 0.7% of the annual budget. Not 7(seven)%, 0.7(zero point seven)%

Anonymous said...

I have a better idea, in two parts:

Donations by private individuals to government are tax deductible. Why don't all you bleeding heart liberal lawyers who think that there are never enough government employees donate to a fund to make up the shortfall instead of calling upon judges to do it?

Second part: How about every judge that got campaign money from Ben Bowtie Kuehne forward those influence-buying donations to the court system. After all, your big government federal system thinks its drug money.

Jack Thompson

South Florida Lawyers said...

Indeed, the current wave of aggressive evangelical intrusion into the public sphere has, at its historical core, an antipathy and prejudice toward catholics that WFB certainly recognized and, at times, wrote about.

It is that very history that prompted the Catholic League to today denounce McCain's embrace of Texas evangelical John Hagee. See today's WP:

http://tinyurl.com/246wbg

CAPTAIN said...

Thank you Jack

Faux Fakey Fakerstein, Esq. said...

Rumpole -- are you joking???

"We love those guys in Broward. All they have done so far is bring down the chief judge, publish a running series of pictures of empty courtrooms in the afternoon, highlight a creepy court officer who was hitting on female defendants, and basically give a voice to all those that have been previously stepped on, mistreated, or otherwise just given "The Broward Treatment" by one of those black robed wearing tyrants that have been entrusted to dispense justice North Of the Border."

The Broward Blog didn't "bring down" Dale Ross, whose reasons for not seeking to continue his time as Chief Judge have been repeatedly published (including his own serious medical condition and that of his spouse and other family members).

Similarly, they didn't "hilight" the actions of Eddie Sanchez, creepy court reporter. All they did was republish the Sentinel Article on the topic.

The Broward blog was and continues to be an unmoderated S**Tfest of random bashing of judges, lawyers, etc., postings of alleged sexual behavior of individuals, and ad hominem personal attacks.

While much of the aforementioned is very entertaining on a slapstick level, these are the same people who changed and deleted their own head honcho's posts because they were not sufficiently critical of a judge.

Not to blow too much smoke up your ass, but the Broward blog is like steak-ums to Rumpole's Filet Mignon.

Anonymous said...

Let's give Aleman the same break she gave defendants. NONE.

Anonymous said...

Breaking news, to save money the Cheif Justice, Fred Lewis has cancelled the Advanced Judicial College, scheduled for June. Guess we don't need educated Judges.

Azure45 said...

Rumpole,

You really shouldn't adress Man Coulter Thompson - it makes him think his opinion actually matters. But since he wants to proclaim that he's thank ful for everything his "god" made, I'm thankful for the Florida Bar, that will be disbarring him soon. It will be one less bigoted religious kook in law.

Anonymous said...

worth repeating...

Anonymous said...
Wanna see FACDL getting spanked by the Florida Supreme Court?

http://wfsu.org/gavel2gavel/archives/08-02.html

Droopy, representing Charlie Crist, went unchallenged as the justices took advantage of his 20 minute monotone to limber up, apply Ben-Gay and tape-up.

Once Sonya Rudenstein took the lectern, it was a tag team match with each justice taken a turn diving from the ropes to drop an elbow or knee into the gut of FACDL's attorney. The highlight was certainly Fred Lewis' justly famous pile driver.

Wednesday, February 27, 2008 9:47:00 PM

Rumpole said...

Two Responses Mr. Thompson: 1) I'm already in for $12.50. I am surmising that lawyers who are actually in court with clients better understand the need for well paid employees to assist us and our clients in the cases we handle. Those lawyers whose practice appears to be limited to themselves may not understand the need for a well paid JA and clerk.

2) Your attacks on Mr. Kuehne would be more respected if you refrained from the rather juvenile and wholly unprofessional manner in which you attack his choice of wardrobe. Essentially, you have denigrated into an ad hominem name calling campaign, and any possible legitimate allegations you have are masked by your continued fascination with his choice of ties.

Anonymous said...

How do you educate arogant judges who think they are all God?

Maybe that program needed to be cancelled.

Anonymous said...

Rump:
Why limit your comments at 7:01 about JT only to something he said about Ben's bow ties? What about the ridiculous statements to the Fla. Supreme Court or accusations of bribery toward Judge Dava Tunis in actual court pleadings? Come on. Under what theory is a $100 campaign contribution properly alleged as a bribe? How about a new poll: everyone who thinks J. Tunis purposely kept this bar case for a year, just so she could be on JT's in her life, raise your hand?

Anonymous said...

Jackie, Judges should return Kuehne's donations when your butt-boy, George W. Bush, returns all of Ken Lay's donations. After all, his money was stolen from Enron's employees.

By the way, how is it not an equal protection violation that folks who receive money from drug dealers, (e.g., doctors, architects, masseuses, car dealers, landscapers, chefs, florists, airlines, etc.) never have to cough up the money they are paid, but lawyers do?

Anonymous said...

Ummm, it may be just little me, but....aren't there other employees affected by the proposed furloughs besides JAs? Y'all may want to address that issue also.