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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, March 26, 2008

CRISIS: State cuts court budgets. Chief Judges in Dade and North of the Border announce drastic personnel cuts. Drug court (at least in Broward) will be gone. No social service programs of any sort. Limited civil court hours as most resources directed to keeping the criminal courts running.

RESPONSE: Change the siding in the elevators in the REGJB.

Can someone in the name of government waste and $2,000.00 toilet seats tell us why in the midst of the worst budgetary crisis to hit the courts since Richard Gerstein was calling the shots for the SAO ARE THEY SPENDING MONEY TO RE-DO THE INTERIORS OF THE ELEVATORS IN THE REGJB?

Maybe it’s just the way we look at things. But you have to feel sorry for the clerk who gets laid-off and rides downstairs for the last time in one of those revamped elevators. Maybe they are wondering about getting new health insurance, or paying the rent, and to add insult to injury they have to look at where their salary was just pissed away.

NEXT UP: Court hours to be cut to four days a week… which the chief judge notes will actually be a good idea while they replace all the fixtures in the judges’ bathrooms.


See You In Court, riding the escalators as a matter of protest.

31 comments:

CAPTAIN said...

And the Jeopardy Answer Is:

horace peacock

?????

Cap Out ....

CAPTAIN said...

New Standard Jury Instruction approved by Fla. Sup. Ct.

2.11 JURY TO BE GUIDED BY OFFICIAL ENGLISH

TRANSLATION/INTERPRETATION

TRANSCRIPT OF RECORDING IN FOREIGN LANGUAGE

(ACCURACY IN DISPUTE)
You are about to listen to a tape recording in [language used]. Each of you has been given a transcript of the recording. The transcripts were provided to you by [the State] [the defendant] so that you could consider the content of the recordings. The transcript is an English translation of the foreign language tape recording.

Whether a transcript is an accurate translation, in whole or in part, is for you to decide. In considering whether a transcript accurately describes the meaning of a conversation, you should consider the testimony presented to you regarding how, and by whom, the transcript was made. You may consider the knowledge, training, and experience of the translator, as well as the nature of the conversation and the reasonableness of the translation in light of all the evidence in the case. You should not rely in any way on any knowledge you may have of the language spoken on the recording; your consideration of the transcripts should be based on the evidence introduced in the trial.

John Thompson Video Contempt Hearing said...

Check out this undercover video of a Gamer filming his drive to a Jack Thompson contempt hearing and the number of cops on standby to arrest Johnny boy.

The video gets real good 10 minutes into the hearing and Jackie is pissed.

http://www.metacafe.com/watch/280356/jack_thompson_contempt_hearing_destructoid_niero/

Anonymous said...

the siding in the elevators was paid for through the sale of confiscated belts and nail clippers at security.

Anonymous said...

A little unfair rump. I agree that it LOOKS bad that they re-sided the interior of the elevators but it's cheap formica, badly needed and probably paid for months and months ago. (How long before some scumbag, riding alone, takes a key to it?) We can't get pens and paper is doled out a sheet at a time. Except for the 6 and 7 floor (which are relatively new) name me one judge's bathroom that has new fixtures. You will find 1970s formica. I didn't have a mirror or cabinet for months after I got to the REGJB. Now I have a mirror/cabinet combo that we probably paid too much for but could have been purchased for 5 bucks at a yard sale. Most chambers are disgusting with faux wood paneling. The only thing the State or county provide is the water and that may be gone soon. They already took away the cups. No one has silver serving trays. They do pay to dry clean our robes but that's it. Any judge that has nice furniture, etc., paid for it him/herself. I could go on. My complaints are trivial compared to the privilege of doing what I do. If you want to criticize some judges for not working as hard as you think they should, that's fine. But, be fair.

A robed fan

Anonymous said...

riding the escalators? That's funny. The escalators are temporarily metal stairs - please enjoy the convenience.

Anonymous said...

RUMP, sometimes it seems that when you have nothing to go on rampage about you create one.
You're smart enough to know that gov. money is spent through diffent budgets.
Repairs to REG come from General Services, not the clerk's budget or the court's budget. You know the building manager of REG works for the county, not the Court or the Clerk. How they spend their money does not effect job security in eaither of the two offices you mention.
Additionally the contracts and bids for the elevator repair were probably entered into a long time ago and are not part of future budgeted money. But this is only a guess.

Anonymous said...

According to Wikipedia, Horace Peacock was brother in law to Walter Boden, a premier English cricket player.

Just my guess.

Anonymous said...

Elevators=county budget
courts= state budget

THE ANONYMOUSE said...

Holy crap -- the Captain can read.

So can we Cap'n; perhaps your last name is OBVIOUS.

Eye on Broward said...

FYI: the lines to get into the Broward Courthouse at 9:15 am today stretched halfway down 6th street.

no one had to remove their belts cause they are all made of rope (see, Ellie Mae Clampett, 1965).

Anonymous said...

The bathrooms are disgusting, but paying to clean them up is a waste of money and resources. The people that use those restrooms are disgusting animals.

No offense, but people are so disgusting. Men urinate all over the toilets and the floor. People do not flush. People smoke in the bathrooms and put them out on the floor and walls.It is disgusting.

Remodeling the bathrooms would just be cleaning them for a day! hire maids!

Anonymous said...

They probably had the elevators in the budget long ago and I think the Courthouse belongs to the COunty and not the State.

Anonymous said...

I have a question: has anyone ever had judge Adrien grant a motion to suppress? It appears that since he is incapable of understanding the issues, he simply chooses to deny them all!

Anonymous said...

although we may not agree with the way they go about it significant change is required, a house cleaning if you may, of our judicial system. we do not need 250 pages of traffic and motor vehicle laws, 10 robbery statutes, 5 hfo laws. judges who work 4 hours a day unless they do jury trials. cops making a 100k a year in overtime for going to court or depos and all the while underpaid overworked clerks , court reporters -people in the jail making 45k to argue with inmates, make lawyers wait and play on the internet. we need money spent on crime prevention, safer schools, more gyms and computer labs for kids to get off the streets etc. what we don't NEED ARE dozens of judges around the state makeing 130k plus benefits to hear about a defective signal, suspended license for failing to pay a ticket and all the other garbage in county court-over 100,000 cases a year. I would rather see a judge spend 2 hours trying to steer a kid away from guns, gangs, etc. who wants to drop out and do carjackings than 100 traffic cases. Juvenile court should be returned to county court and traffic other than dui, habitual dls, reckless and lsa should be the only criminal cases. put the serious juvenile cases in adult court and cut all the crap out of county court. someone steals 25 dollars from walmart or publix, thier bond money is enought punisment. IF NOTHING ELSE THE STATE NEEDS TO SPEND MORE TIME AND RESOURCES ON JUVENILES COMMITTING FELONIES AND NOT HAVE 100 COUNTY COURT JUDGES TIME SPEND ON MOSTLY CRAP, MUCH OF IT IS NOT EVEN CRIMINAL. FELONIES AND FELONY PREVENTION IS WHERE IT IS AT. SET UP A SEPARATE TRAFFIC TICKET COURT OR TELL THE COPS TO STOP USING THE TRAFFIC CODE AS REVENEU MAKERS FOR CITIES. I WANT COPS INVESTIGATING AND PREVENTING FELONIES, NOT SPENDING THEIR SHIFT ON PETIT THEFT, LOITERING AND TRAFFIC. IF THEY WANT TO RAISE MONEY THRU TRAFFIC ON ANY GIVEN FRIDAY AND SAT. NIGHT THERE ARE HUNDREDS OF DUIS IN SOUTH FLORIDA. NOW I FULLY EXPECT THE TRAFFIC TICKET BAR TO INTELLECTUALLY OBLITERATE MY SUGGESTIONS TO PROTECT THEIR TURF. p.S. YOUR HONOR MAY IT PLEASE THE COURT, MY CLIENT DID NOT KNOW THAT IT WAS A NO PASSING ZONE AND WE WANT A TRIAL.

Anonymous Liberal said...

Turns out Hillary was telling the truth about the sniper fire in Bosnia when she visited. Bye-bye Obama. Hillary passes the threshold test for C-in-C. See dramatic new video here.

CAPTAIN said...

No one has come up with the "question" to the answer

"horace peacock"

ok, second clue:

it relates to the criminal justice system and someone who is dedicated to it.

(and no, it has nothing to do with a cricket player from the 1800's)

Cap Out...

Anonymous said...

I miss Sy

Anonymous said...

It's sad that practicing lawyers have no comprehension how the judicial system is funded.

The Clerk is self-funded. Ruvin is so flush with cash he put 24 karat plating on his 20" rims.

The courthouses are owned and maintained by the county.

The judges are paid for by the legistlature...There salaries are set and court administrators have no leeway in their salary.

Bailiffs are county funded.

CAPTAIN said...

by the way, Rump, you should know the answer to this, given your past history of your writings.

Anonymous said...

Is this a clue? Mr. Horace Rumpole and Horace Peacock. Do then have something to do with one another?

Rumpole, what say you. Has someone ventured into unchartered territory?

Anonymous said...

the judges in miami dade are so lazy. all this talk of budget cuts and how cases cant be handled is nonsense. if judges just acted like they were going to trial every day, instead of going to two hour lunches and leaving at 4pm every day, the backlog they all whine about would be taken care of.

why did pinero have a low audit way back? bc every day he made clear that if some punkass little c pd couldnt get his guy to take a plea, no problem the case would go to trial. no whining about this depo or that report, just go to trial. and you know what happened everyone took the same plea that they would have waited 2 years to take in front of a lazy worthless judge who would have continued the case 10 times.

dont know what you think but over last 10-12 years quality and work ethic of state court cirminal judges has fallen off a cliff. whaddya think rumpis?

Rumpole said...

I miss Sy as well.

I think the point of my post was that in this era of budget cuts when employees are losing their jobs, I find it hard to believe Dade County is flush with cash to piss away on elevator interiors while the state can't buy pens for judges. The mismanagement of money is astounding, and don't even get me started on the one half TRILLION DOLLARS our war criminal of a president has wasted.

I do not think Judges work in the lap of luxury or are spoiled by perks. I thinks the work of a Judge was considered up through the late 1990's to early 2000's as an easy job that could be done in a half a day and less on Fridays. The imposition of minimum mandatories has taken up a lot more time of judges in criminal courts. I think many judges who work in our courts are good and talented. I think some could not make it as attorneys and the key to figuring our which is which is that when a Judge says "when I was in private practice..." you know right then and there you have a slacker on the bench. But the appointment of John Thornton and Reemberto Diaz added a great deal of experience and quality to the bench which will serve this community very well for years to come.

Anonymous said...

Milena Abreu and Tara O'Brien from the PD's Office just had a not guilty before Judge Jimenez on a ROC Court defendant facing mandatory life on a possession of a firearm by a career criminal. The defendant was caught in possession of a firearm within a bag he was carrying, with DNA matching the defendant and a confession. Judge Jimenez praised them as great lawyers. CONGRATULATIONS to both of them.

Anonymous said...

GOVERNMENT’S MOTION FOR ADDITIONAL TIME IN WHICH TO
RESPOND TO DEFENDANTS MOTIONS TO DISMISS THE
OBSTRUCTION OF JUSTICE COUNT AND FOR A BILL OF PARTICULARS
The United States, by and through the undersigned attorneys,
respectfully requests that this Court grant an enlargement of
time for the Government to respond to the Motion of Defendant
Kuehne to Dismiss Count Six of the indictment and for a Bill of
Particulars. Defendants Florez-Velez and Saldarriaga have both
moved to join in the motion to dismiss. The reasons for this
request are set forth herein.
The Government’s responses to the above pleadings are due to
be filed on March 24, 2008. The undersigned prosecutor has
recently become lead counsel in this matter and has undertaken a
review of the current charges in the case. As part of that review
process, there have been discussions at the Department of Justice
concerning whether there should be a voluntary dismissal of these
counts. In that event, the current defense motions would become
moot. Unfortunately, the Department has not been able to reach a
conclusion as to this matter and the undersigned has been
instructed to seek a brief continuance - in the nature of three
weeks - so that the matter can be subject to further discussion.
In accordance with Local Rule 88.9, the undersigned has
personally spoken with Joaquin Mendez, Esquire, counsel for
defendant Saldarriaga, who indicated no objection to the
requested continuance. In addition, John Nields, Esquire,
counsel for defendant Kuehne, has indicated that he has no
objection to the requested continuance. The undersigned left a
voice message for Henry P. Bell, Esquire, counsel for defendant
Gloria Florez Velez, informing him of the request.
A draft order is attached hereto for the Court’s
consideration.
Respectfully submitted,
KENNETH BLANCO, CHIEF
NARCOTIC AND DANGEROUS
DRUG SECTION
RICHARD WEBER, CHIEF
ASSET FORFEITURE AND MONEY
LAUNDERING SECTION
/s/ Robert Feitel
By:
ROBERT FEITEL
JOHN W. SELLERS
THOMAS J. PINDER
TRIAL ATTORNEYS
United States Department of Justice
1400 New York Avenue, N.W.
Washington, D.C. 20530
Telephone: (202) 307-3586

Anonymous said...

I have never seen judge Adrian grant a Defense motion of any significance. Explaining anything to him is very frustrating.
//S Former PD

Anonymous said...

If Kuehne is innocent as so many of you think, he couldn't have gotten a better prosecutor than Blanco (I'm sure everyone who was around when Kenny was at the SAO can attest to the fact that Kenny is as honest and fair as the day is long).

Anonymous said...

Golf anyone?

Anonymous said...

Am I the only one who thought that Ken Blanco was a dead ringer for Simpsons nice guy Ned Flanders?

Anonymous said...

John B. Thompson, Attorney at Law

1172 S. Dixie Hwy., Suite 111

Coral Gables, Florida 33146

305-666-4366

amendmentone@comcast.net



March 29, 2008



The Honorable J. Alex Villalobos

Chairman, Senate Committee on the Judiciary

Florida Senate

9766 S.W. 24th Street, Suite 18
Miami, FL 33165 and Via e-mail to villalobos.alex.web@ flsenate.gov



Re: Misconduct by Florida Supreme Court Justices



Dear Senator Villalobos:



I write you not just on my own behalf but on behalf of thousands of lawyers and millions of Florida residents who either know or sense that the Florida Supreme Court is a judicial body acting not as if it were bound by the United States Constitution but solely by the limits of its own hubris.



Enclosed is a recent editorial that identifies part of the problem, but the refusal of the Florida Supreme Court to allow judicial candidates to explain to voters what kind of judges they will be is just the tip of the iceberg. The Florida Supreme Court is actively using The Florida Bar to try to destroy lawyers who identify judicial misconduct. Sean Conway is a lawyer in Broward whom the court has come after for this. I am another. There are dozens of others who are out there, some of whom have contacted me, who have learned to their chagrin that the Florida Supreme Court is acting as if it were anti-freedom apparatchiks for Fidel Castro.



The Florida Supreme Court actually threatens lawyers who complain about its practices and about corrupt judges with forced mental health exams to try to destroy these lawyers. These are tactics right out of the Soviet Union’s gulag. The Supreme Court has dispatched Justice Raoul Cantero to publicly threaten with suspension any lawyers who do not have the “manners” that he deems appropriate. By “manners” Justice Cantero means views that square with his. He actually laid out his “Manners Police” views in the Florida Bar News.



The Florida Supreme Court and The Florida Bar are using the corrupt law firm of Greenberg Traurig as its “enforcer” in these assaults upon the US Constitution. This is the same firm that gave us Jack Abramoff. The Bar’s lead counsel, Democrat Barry Richard, has been caught lying to federal courts in order to further the illegal activities of The Bar and the Court.



There are at least four U.S. Supreme Court rulings that the Florida Supreme Court is knowingly and actively violating at the expense of the constitutional rights of lawyers and other citizens. Should that surprise those of us who witnessed this court’s antics in Gore v. Harris and Bush v. Gore which made this court, appropriately, a national laughingstock?



Many, many witnesses are willing to come forward to testify as to how corrupt the Florida Supreme Court has become. I should know. They have contacted me. If there were full and fair hearings in the Senate on these matters, I have no doubt that articles of impeachment in the House would be introduced and passed for ultimate trial in the Senate.



What the Florida Supreme Court is actually doing, Senator, is engaging in criminal violations of federal civil rights laws. This court is threatening the destruction of lawyers who dare speak about the judiciary’s excesses. I am one of the people this court ahs threatened, and I have now had to sue the State of Florida because the Florida Supreme Court is violating state and federal civil rights laws and also actively engaging, believe it or not, in racketeering activities, including protecting the distribution of pornography to children. This all sounds fanciful, until you look at the cold, hard facts.



These violations of the law by the Florida Supreme Court’s Justices are clearly impeachable offenses, and they can be proven beyond a reasonable doubt.



Please contact me for further information so that your Committee might conduct hearings into the multifarious illegal and criminal acts of the Florida Supreme Court.



Regards, Jack Thompson



Copy: Supreme Court Clerk Tom Hall

All Florida Bar Governors

Anonymous said...

Judge Pineiro is the standard that all criminal judges should be held to as far as case management is concerned.

He took the bench at 8:30 went through a calendar in record time, but never denied any attorney or ASA the time to address thier case. By 11:00, he was rounding up a jury venire. And then guess what?????

A trial started. When that one was done, guess what???? Another trial started. Next week, same thing. No giving out of four month continuances, no rolling the case over ten times.

In the past it has been suggested that the Herald or New Times do a story on lazy judges and how they are MIA after lunch time while case audits are soaring.

However, why do you need the media to do this? Can't the chief judge call in a judge and say, "Hey, judge X you have the highest audit in the circuit and you hardly try cases. Just what the !@#$%#@ are you doing all day?" Following the "ummm, uhhh, gee whiz" from some our notoriously LAZY judges, maybe some work will get done.

Some other thoughts:

How about a withold and court costs on all crimes cases in the misdemeanor division, other than battery cases or cases where restitution is involved. If the State wont offer it, the court should. I mean do we really have to litigate a prostitution case b/c the ASA wants 6 months probation and the adjudication?

Get the judges working. Any reason why an available circuit judge can't handle a DUI trial? Or a county judge cant handle a CCF case? What about a branch court judge going to Family and handling a calendar of uncontested dissolutions?

C'mon, get creative folks. They are talking about laying off clerks, JAs and bailiffs who can least afford it.