Wednesday, December 31, 2008
Monday, December 29, 2008
Red Mass refers to a Mass celebrated annually in the Roman Catholic Church for judges, prosecutors, attorneys, law school professors, students, and government officials. The Mass requests guidance from the Holy Spirit for all who seek justice, and offers the opportunity to reflect on what Catholics believe is the God-given power and responsibility of all in the legal profession.
One of the better-known Red Masses is the one celebrated each fall at the Cathedral of St. Matthew the Apostle in Washington, D.C. on the Sunday before the first Monday in October (the Supreme Court convenes on the first Monday in October). It is sponsored by the John Carroll Society and attended by Supreme Court justices, members of Congress, the diplomatic corps, the Cabinet and other government departments and sometimes the President of the United States. All officials attend in their capacity as private individuals, rather than as government representatives, to quell arguments with respect to a weakening of the separation of church and state. This logic had greater import in the 1950s when the first services were held, as Catholicism was viewed with greater suspicion than today in the American body politic.
A Red Mass is now celebrated annually in more than half the states of the United States.
Rumpole says, we have had this idea for several years now. A "Red Mass" type remembrance in the large 4th floor courtroom in December for all those attorneys and judges who have passed away during the year. This year we would remember Sy Gaer, Stuart Mishkin, Alvin Goodman, and David Stern.
Who are we forgetting?
Which Judge wants to take this project on with help from a volunteer from the FACDL?
NFL Update: We hit 3 of 4 (naturally) and how th Ravens/Jags didn't even score a field goal in the second half is beyond us- because if they had we would have been 4 for 4. As it is we enter the playoffs 1189 Mangini's up. Right now lock of the week- Your Philadelphia Eagles will beat he Vikes in Minny. Guaranteed.
It's "snow" nice here in the high Sierras we may never come home.
Sunday, December 28, 2008
Friday, December 26, 2008
Wednesday, December 24, 2008
This from the comments section made me laugh. How true. It's why I got out of town when the getting was good. (I did a smidgen of editing to make it at least semi-palatable on Christmas Eve.)
If one more f'ing judge wants a hearing this Friday or next Friday, I am going to explode.
Tuesday, December 23, 2008
Monday, December 22, 2008
I would like to thank those who have been so kind with your praise for my husband Judge Leonard Glick. I look forward to the years ahead with him. We have been together since we were 18 years old and have literally grown up together. I will share him with you as a Senior judge, however, as much as everyone loves Lenny at the REGJB, I love him more. To each of you, Lenny loved going to work every day. He tried to make that samll change in the world, frustrated many times wondering if he was succeeding. He wanted the community to be one where the average citizen could feel safe. Lenny cared for all the personnel in the building. He spent 36 years there. I know he will be back. He loved being a judge and you will see him again. We are all lucky to have this man of such class, kindness, caring, and quality in "our" lives. I am proud to share him with you. I am proud to be the wife of Lenny Glick for over 43 years. Fondly. Dianne Glick
Sunday, December 21, 2008
Fake Judge Miller said...
All I want for Christmas is a working fax machine.
HP - Fax/ Copier
Model: FAX640 | SKU: 9038025
Have delivered ASAP before someone gets hurt.
Send to, David C. Miller, Dade County Courthouse, 73 West Flagler Street, RM 511, Miami, Florida 33130
Friday, December 19, 2008
I am very proud of my father. I know he is looking forward to spending time with my mother in his retirement. He deserves well-wishes from all who practice in the REGJB. While it would be nearly impossible to match his 35-year committment and dedication to serving this community, I am proud and humbled to be filling his seat in the upcoming years. I hope he enjoys his retirement but I look forward to his return as a mentor and fine jurist.
Wednesday, December 17, 2008
Tuesday, December 16, 2008
Monday, December 15, 2008
Sunday, December 14, 2008
Saturday, December 13, 2008
Wednesday, December 10, 2008
but one in the last two years) in which the same trial judge has summarily ordered
an uncooperative juvenile directly to secure detention contrary to law.
The opinion continues:
In each case, a panel of this Court ordered immediate release of the juvenile,
frequently upon commendably swift confessions of error by the State. The
present case is legally indistinguishable—and barely factually distinguishable—
from those that have preceded it.
CB was arrested on disorderly conduct charges and was released. He missed a few court dates and a pick up order was issued. Then he was arrested on a new charge. The prosecution stood mute as Judge Langer sua sponte (Latin for "doing something stupid without taking the time to think about it." Rumpole;s New American Legal Dictionary, Vol. 1, p. 324) ordered CB into custody. The opinion points out that Langer ignored a "risk assessment" that did not require CB to be taken into custody. And the Court reminded Langer that it was a "principal of law" that Judges are required to take the 'risk assessment" into account, and that the 3rd DCA had "reminded" Langer of that principle a mere 90 days prior to his sua sponte act in CB's case.
From the opinion, here's what happened next, and it's not pretty:
missing three court hearings on his original case. I’m serving you all
with a copy of that rule to show cause, which is now set for June 10th
at 1:30, in open court. You are to notify your client accordingly. "
Then Judge Langer, in all his wisdom forgot what they taught him at the first day of Judge's school: NEVER DISPARAGE YOUR APPELLATE COURT ON THE RECORD! (duh).
And, quite frankly, I’m well within the 72 hours that the statute
allows me to hold him, by the way. So I think perhaps the Third
DCA’s ruling is a bit premature, since he was just picked up on the
3rd of June and today is only the 6th, Counsel.
The 3rd DCA opinion continues:
It is clear to us from the transcript of the June 6 hearing that the judge’s invocation of section 985.255(1)(i) of the Florida Statutes at that time was nothing more than an effort at post-hoc justification of his June 3 order. See also B.M., 979 So. 2d at 314.
(similarly finding same trial judge’s effort to label B.M. an “absconder” to justify
detaining her for eighteen days to be an unfounded “post-hoc justification”).
And because the 3rd DCA is really a bit tired of releasing all of Judge Langer's defendants, they decided to add a 'coup de judge ':
Norm Kent has made a career out of kicking the butt (in litigation) of disbarred attorney Jack Thompson. We are confident he will prevail once again.
I am writing this letter in my capacity as Bill Gelin’s lawyer in a dispute generated by a complaint Jack Thompson has authored.
Earlier today, Jack Thompson, a former Florida attorney, recently convicted and disbarred on 27 counts of ethical violations, used this blog to freely post a "News Release", announcing that the Florida Bar has opened an ethics complaint against one Bill Gelin.
Mr. Thompson wrote the blog is "owned and operated by Gelin," and that it "traffics in rumors, gossip, and scandal about members of the legal community, including primarily judges."
Nowhere in the press release that Mr. Thompson has gleefully distributed did he disclose that he was the author of this specious complaint, or that it was repetitive, redundant, and previously rejected.
Nowhere in the press release did Mr. Thompson reveal that on two prior occasions this year he has also similarly charged Mr. Gelin with nearly identical complaints that were summarily dismissed.
Nowhere in the press release did Mr. Thompson mention that both files have been closed by the Florida Bar as "unfounded," with authorities concluding each time that "there is no indication Mr. Gelin has violated any Bar rules." In fact, one such letter was signed by Bar staff counsel as early as March 13, 2008.
Nevertheless, Mr. Thompson engineered a new complaint on October 31, which he posted on his own, on this blog, which he claims is moderated by the very person he is complaining about. The new allegations evolve out of the same postings relating to Sean Conway which Mr. Thompson has already unsuccessfully challenged.
Unfortunately, these new allegations, specious again though they are, have caused the Florida Bar to draft a new letter of inquiry to Mr. Gelin, on December 5, 2008. Thus, in accordance with Florida Bar rules, a new file was opened and generated by virtue of yet another hollow complaint authored by the disbarred attorney.
Right or wrong, the Florida Bar is dutibound to review properly sworn allegations, whether they come from a confessed rapist in a state prison, or a disbarred lawyer. The Bar must solicit a reply from the accused party, if only to close the file and summarily dismiss the allegation.
An inquiry letter does not mean the Bar has reached a conclusion, rendered a disposition, or made a judgment. It is simply an invitation for counsel to explain his position, and show how he has not violated any of the rules of our profession. The process can be an unnecessary headache, but we are healthier for it, knowing that legitimate grievances will be processed and lunatics will be sent packing.
All that has happened today is that the Bar has opened a file, once again at Mr. Thompson’s behest. In his latest accusation, Mr. Thompson again misstates and misrepresents material facts. Once again, as I have before, my office will respond to the specious allegations by pointing out the governing law under the Communications Decency Act. We will also show that the blog is a community billboard and people’s website, not ‘owned’ by Mr. Gelin.
I am confident that once again Mr. Thompson’s false charges and broad mischaracterizations will be summarily tossed by the Florida Bar. I am also confident Mr. Gelin will not permit a disbarred attorney to tortiously defame his good name without retaliatory legal action of his own. Mr. Thompson, ever aware of Biblical verses, will soon learn again that he who sows the wind will reap the whirlwind.
This blog, angry, erratic, hostile, and sometimes even mean-spirited is the first amendment at its best and worst. We get sophisticated comments and moronic blathering. We see thoughtful and caring posts as news, and informative revelations about judicial operations. And the price is right.
Ironically, the blog itself was just a piece of a greater goal, which was to create a non profit association to advance justice and advocacy in Broward. The Blog has a life of its own, and no one on it is sacred or untouchable. From ‘Help me Howard’ to a judge whose divorce decision sent an angry plaintiff here to post bitter critiques, we are all potential targets.
Bloggers and blogs, for better or worse, have become the electronic soapboxes of the new century. The posters are no different than the woman standing on the steps of the Courthouse and flailing a Bible in her hand, quoting Scripture. It may be loud and irritating, but lawful and protected. Call it the sounds of democracy.
So too is this unmoderated blog, albeit on a computer, in a website, or across the Internet. It is the breadth of the first amendment, a unique but inalienable right inherent to our citizens, our countrymen, and our constitution. It is worth protecting, and against all the enemies of free speech, we shall.
Norm Kent, Esquire