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

Thursday, October 16, 2008

JUDGE CHARGED WITH CRIME

Update: Check out the Broward Blog post PSCC Lovefest. 
It's about the success of Broward's First Appearance Court. And it really is working. As PD Howard Finkelstein pointed out, it only took Broward 35 years to finally follow Florida's first appearance law. Prior to this happening, this was the kind of backwards jurisprudence, or absence thereof, that really drove attorneys from other counties to distraction over the unbelievably unfair practices in Broward.

Former Judge Chumbley:

It is with sadness that we report that Judge Douglas Chumbley has been charged with a misdemeanor. The title of the post links to the clerk website. Judge Chumbley abruptly resigned earlier this week, and now we know why.

There is no joy here. We are all human beings. Even judges. We all put our pants on one leg at at a time. We all have our positive qualities and we all have our negative qualities and we all have private matters we never want publicised. Unfortunately for Judge Chumbley he has been charged with the misdemeanor of indecent exposure. He is of course innocent until proven guilty and indeed he may very well be innocent of this conduct.

The point is that even the best and brightest among us- Judges, or Sheriff Ken Jenne in Broward, are not perfect. And it is in that spirit that we write this so that those who do Judge- Judges and Prosecutors- might consider the human element in the difficult work we do. And we acknowledge that many Judges and prosecutors do just that. But some do not, and this is an occasion to remember that the criminal justice system is not "just-us." It is not us against them ("them" being the defendants).

Martin Luther King wrote that "justice is truth in action." And some times Justice is remembering that not one of us can cast the first stone, because in some manner all of us have sinned.

We sincerely wish Mr. Chumbley the best.

See you in court, a bit sadder.

44 comments:

Anonymous said...

I am sure that Judge Chumbley and his family appreciate the humane tone of your post.

The M. said...

I'd cast a stone, but I "sin" every morning-- sometimes on campus.

HARDly a sin to lose one's job over.

My sympathies to Douglas Chumbley.

CAPTAIN said...

THE CAPTAIN REPORTS:

To 5:03 ....

Judge Chumbley lost his bid to retain his seat on the bench in August when challenger Marcia Caballero won the election. Therefore, he was off the bench as of December 31, 2008 anyway.

If he resigned, then it was just 10weeks earlier than his job would have othwerwise ended.

Cap Out ...

Anonymous said...

Sounds strange....I went to UM and went to the Starbucks hundreds of times....there is no bathroom....conspiracy??

Anonymous said...

dont blame the palyers.....blame the game !

Anonymous said...

Yes, but,

What the hell is a juv judge doing that can cause such a charge?

Boy, I can not wait to find out.

Anonymous said...

OK. Peripatetic Pedro Dijols moves to Dade.
Chain Gang Charlie Appoints said Peripatetic Pedro to Chumbley's slot.

Then, pursuant to the "visiting judges program" Country Joe Farina sends Peripatetic Pedro to Vim and Vigor Vic in Broward so poor Vic can get some help with his calendars.

Got it?

CAPTAIN said...

THE CAPTAIN REPORTS:

For those of you that wanted to read more about the firing of Sandra Veiga for turning off the breath test instruments:

http://www.miamiherald.com/news/miami-dade/story/728093.html

Anonymous said...

how does exposing your genitalia in a bathroom stall cause you to commit a crime? I mean, if you can't expose your genitalia in the bathroom stall for the obvious purposes one goes in to the bathroom stall...then where can you expose them!?

Anonymous said...

"Hardly a sin to lose one's job over?" Are you kidding me? He was on the juvenile bench and he was at U of M.!!!!!!!!!!

Scott Saul said...

If it is accurate that Chumbley was given PTD then I tip my hat to the SAO for not going overboard just because it was a Judge.

I know nothing about the case but it would seem that it also took a lot of courage and class from Chumbley to not rant and rave and just quietly take the diversionary route.

What a sad end to a judgeship since the man resided with the utmost of honor.

word of the day GUYS said...

Always ready to help. Like Batman, only cooler. Word of the Day/Night Guys.

Peripatetic: walking or traveling about; itinerant.

Rumpole said...

I find it hard to believe you play golf. I do know you get chased off of plenty of courses though. A known ruffian in a gentleman's sport. After all this time, and being banned, you still can't stop reading this blog can you? I bet you still listen to Howard and Neil everyday too. Pathetic.

Anonymous said...

whatever... if it's true the guy was yanking his wanker.. then too bad so sad... take your wiener home and take it town in the privacy of your home... or at least close the stall door....

Anonymous said...

I was shocked when I read the article. I have been in front of Judge Chumbley on a number of occasions and find that he is one of two (for those who frequent juvenile court, you will know) outstanding jurists in the juvenile system. He treated everybody with respect and cared about every child that came before him.

I am embarrassed for him because I have a feeling this was not a deliberate act. Maybe something inadvertant, who knows? Frankly I'm uncomfortable speculating.

With the exception of a good battery and DUI (save for the breath cases - thank you very much, Sandra Viega) misdemeanors are bullshit. But indecent exposure carries such a stigma, it transcends the severity of the charge.

Anonymous said...

judge chumbley tried a very complex civil case in front of me when i was a judge and he was a lawyer. he was a first class attorney and acted with incredible integrity and was a pleasure. i personally am very sorry to hear that he is going through a difficult time and wish him and his family a quick resolution. fortunately, you are measured by your life's work and not for an isolated act of indiscretion. your desire to serve our community has been appreciated.

Anonymous said...

self promotion by the captain; so what's new

Michael Tichenor said...

I was a prosecutor in Chumbley's division. He was always polite, professional and gave each person before him a fair shake. He was a perfect gentleman. I didn't always agree with his decisions but I always felt he fully reasoned everything out.
We're all human. He's a good man. I'm saying a prayer for him tonight.

Anonymous said...

Are you kidding me? Exposing his genitalia in a bathroom stall? You might as well arrest EVERY man that has ever entered a public bathroom. Note to the moron who had him arrested - we need to expose our genitalia in order to urinate.

Anonymous said...

It this not what we tell our clients?

Miami-Dade's chief judge, Joseph P. Farina, issued this statement Thursday:

``Of course this news is distressing, but the law, including the presumption of innocence, applies to everyone no matter their station in life. Under the circumstances, Judge Chumbley's personal decision to resign is appropriate as we strive to maintain the public's trust and confidence in our courts.''

Anonymous said...

The law reads:

800.03 Exposure of sexual organs.--It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.

Rumpole, and dear bloggers, being in a bathroom stall should fall under the portion of the law that says:

"except in any place provided or set apart for that purpose."

Anonymous said...

Very sad.

And, very newsworthy. A well balanced (and humane) presentation.

This is why I read the Rump.

I don't know Chumbley, but the absence of bashing says more about him than anything anyone could've written (assuming of course, Rump hasn't suppressed any statements).

BTDT

Anonymous said...

Chumbley showed his chubby.

Anonymous said...

Sounds to me like he needs help. Poor bastard

Anonymous said...

Arrested and charged for exposing genitalia in a bathroom? WTF???

1) Is it now the law in Floria that we cannot remove clothing in a bathroom?

2) I don't want to sound vulgar, but it is a common practice for many men to "adjust their equipment" before urinating so as not to pee all over themselves.

3) Who the hell hasn't changed clothes in a public bathroom, particularly those at the beach, at one time or another.

If Chumbley is guilty based upon those facts, just about every Floridian over the age of 3 is too. This is bullshit.

Anonymous said...

In 1976, Carswell was arrested and convicted of battery for advances he made to an undercover police officer in a Florida men's room;[3] some claim him as the first homosexual or bisexual nominated to the Supreme Court. [4] Carswell subsequently withdrew from public life.[citation needed] He returned to the private practice of law and then lived in retirement until his death.

Anonymous said...

There is a bathroom there but it isn't in the Starbucks. You exit out of the back door, and hook a left.

rejected-and-depressed-attorney said...

3:25am-- Good point.

Anonymous said...

I had a friend who was charged with exposure in a not so private place.

Luckily, he had great defense and his representation identified his good nature and gave him a chance. Afer it was over he quietly returned to his life. What does representation like that normally cost?

Anywise, this can be embarassing to a man and his family to an unnerving degree and supporting him will bring him comfort. Props to those of who who've posted as such.

Besides, I can imagine how many times you "jack off" readers (pun intended) have wanted to pull it out.

Exposure vs. Hypocrisy

A faithful female reader

Anonymous said...

Hey Rumpole - don't you want to know more about what is in the arrest report on Judge Chumbley?

Rumpole said...

Actually I do not want to know what is in the arrest report. The man resigned. The man is facing public ridicule. Leave him be. Getting the arrest report is akin to stopping and looking at an accident on the side of the road. Just drive on by and leave him be in peace. He resigned his job and he is no longer a public figure.

CAPTAIN said...

The Captain Reports:

The Sun Sentinel picks up the coverage on DUI breath test instruments and the firing of Veiga:

http://www.sun-sentinel.com/news/local/
broward/sfl-flbdui1017sboct17,0,5619164.story

Anonymous said...

Is there a place where one would have an expectation of privacy moreso than in a bathroom stall attempting to defecate. Implicit in defecating is pulling down your pants exposing your penis, testes and anus. you then defecate and sometimes expel gas. you then wipe yourself with tissue. you then stand, with your penis and testicles exposed and pull up your pants. you then unlock the door, if there is one, and go and wash your hands, hopefully there is an operable sink and soap and paper towels. you then exit. involved in this affair is little concern for your surroundings or others in the room, especially if you are in a hurry, barely made to the stall, have diarrhea, have lost total control of your bowels, have an undiagnosed food allergy etc. For law enforcement officials to surveil such a surrounding on the slight chance that occasionally homosexuals will try to meet each other in such a place is an abyssmal use of law enforcement resources and in most cases is a violation of one's right to privacy. I once recently used an airport bathroom and it was clear that several police officers were running a sting operation like the way they got senator larry craig. many of the stalls were dirty so I had to use the second to last one. in the last one the person occupying it reached under my stall and touched my leg. if i had responded or reciprocated i would have been arrested. now someone please tell me that it is not degrading to have a cop try to solict a response while i am taking a crap so he can say i went in there for a sexual liason as opposed to excrete. the sad part is that in some areas of this country that has school shootings and 10,000 handgun murders a year that there are areas where this is what cops do. when i went to wash my hands and asked if any of them were cops because the asshole in the stall put his hand under the wall and touched me they just laughed like ok , you got us, you figured out we were cops. 3 men in a restroom being paid god knows what to interfere with bodily functions hoping to make the occasional arrest where entrapment will almost always be a defense. what a country. Now lets start surveillance on beaches so if you come out of the water and your suit fell down a little we can arrest people if their ass crack is exposed for indecent exposure like they did in sarasota a few years ago. what a country.

Anonymous said...

I thought Chumbley treated the juveniles like garbage from his ivory tower on the bench. He was extremely state oriented, pompous, and had no reasonable doubt standard, in my opinion.

Whatever happenned in the bathroom was probably a misunderstanding, and could probably happen to any one of us, but karma is a bitch.

Anonymous said...

Both I and Chumbly are large men and as a large man I can attest that (assuming he was in a suit) taking a quick piss can be a project. I personally use a bathroom stall for pissing versus urinals just in case I have a incident.

(large men = fat so don't let sick mind get loose).

Anonymous said...

I'm sure we're giving some of the nutty members of our Legislature a new idea. Soon the only lawful purpose of a public bathroom will be to have a "discreet" place to piss or shit our pants. If we need to take a leak or take a dump, and in the process actually expel our bodily wastes into the toilet, we will have to do so in the privacy of our own homes.

Anonymous said...

I guess we should all just either crap at home, work, or in our pants shumie!

Anonymous said...

does "depends" sell a court house edition of their famed under garment?

Anonymous said...

Hey, another Republican caught doing something they are so much against.

Go figure.

Anonymous said...

Rump,

You should know the people on this blog have no compassion. They are like a pack of hyennas. They smell the kill and pick at the carcas. It becomes disgusting how holier than thou they can be. It is intersting, because most of them would not have the nerve to put themselves in the public eye and face the scrutiny others do. Cowards, miscretants and cancerous mutants.

But they are going to vote for Obama because they want change that matters. Maybe the first change they should make is themselves.

Anonymous said...

County judge charged for indecent exposure?

Seems clear that the man is guilty. Why else would he resign?

It is clear that the Court Systems is full of rather strange people. Sad to know they are judging us.

Anonymous said...

Doug was innocent. The door on the stall was closed. The alleged victim was down on the floor looking up under the divider between the stalls. When Doug confronted him, he decided to play the part of the victim.

Anonymous said...

My sympathies with Chumbley's family for him my back. He has done a dishonor to the position of honor we had given him know I must agree with all those voters that voted him out.

CHUMBLEY should apologiese on live TV to the entire county for being a two face, disrespectfull individual.

But I will pray for his wife, kids, and even his mother who he screamed at at the polls during the election..

Zelda Clune said...

My two year old son and I were going on a road trip across states. He had to go, so we stopped at a rest stop. There was no way we were going to even get to the door in time, as we had to park on the side of the building. As I had seen no one there and were on a side of the building where no one could be seen on the road, I let him do it out the window of the car. A man in a suit came around the building adjusting his zipper and genitalia for the same reason of thinking no one was around and walked right into my son peeing all over his expensive looking suit. He grunted that he was a lawyer and huffed off. Just random thoughts related to this incident. Things just happen sometimes. Sad for this judge, as there are not so many good people for our youth with such sentiments expressed such as these, and this seems unfair to the rest of the population as well. My regards and sentiments.