Monday morning update: It's 47 degrees at 7 AM. There's a forecast for a low of 38 degrees tonight at 10:00 PM. It could be worse. You could be in NYC, or Boston, or anywhere north of here.
I want to keep this thread running because I think the comments are great. Both sides of this issue are covered, as well as some of the significant side issues.
This is why I created the blog. I hope you are enjoying the discussion.
From the comments section: First Judge Pinero:
Judge Rob Pineiro said...
Rumpole, just how pompous and sanctimonious can you possibly get? Your ranting directed at Judge Cueto clearly shatters any prior limitations. To call for the Judge’s removal from the criminal bench because of his comments at a bond hearing is akin to wielding a sledge-hammer to kill a gnat. It is so ludicrously over-the-top, I suspect it is a deliberate provocation to spark debate. In fact, I hope it is because, if not, it paints you as an unthinking, knee-jerking hypocrite who rails against zero tolerance, minimum-mandatory sentences and lack of discretion while applying the same when it suits you.
Judge Cueto is a good man who cares deeply about our constitutional rights. He knows how important a free and independent judiciary is to safeguard these rights. The judge has personally experienced the deprivation of the common human decency embodied in our constitution. Judge Cueto’s father was imprisoned as a political prisoner in Cuba for two years because the courts there were nothing more than a tyrant’s rubber stamp. Given his background, it is easy to see how this rude, crass juvenile was able to get such a reaction from him—she was attacking the courts, the institution which truly safeguards our liberty.
If you are concerned the judge gets what's comming to him, do not fear. His brethren will tease him no end for his use of the panic button.
So, Rumpole. Twist off the screw on cap of your Chateaux Miami River and chill out.
Judge Rob Pineiro
Rumpole Replies: First of all, I think I can be even more pompous and sanctimonious, so keep reading. You should note that I did not call for a JQC complaint or that he be removed from the bench, just sent to Civil or Family or Probate. He's a new judge and needs more training. I stand by my comments about his actions, which you did not address other than my call for sanctions. In two days of reflection however, I will say this: I know little of Judge Cueto, personally and professionally, and perhaps knowing more about him would change my mind. The first impression however, is not a good one. Secondly, this is his "first offense" shall we say, and he has otherwise received high marks from everyone, so perhaps PTI is in order.
One final thought Judge P, because like me, you're old enough to respond to this question: What would Judge Cowart have done?
The Captain points out in the comments section that Radio commentator Paul Harvey has passed away at age 90. We are old enough to remember he had five minute spots on local television stations in Florida and other parts of the country, where he gave commentary on the news.
But in honor of Paul Harvey, let's look at an opposing view point, so that now you know......
Anonymous said...As a former ASA I'm amazed to say that I agree with Rumpole. This judge was not trying to teach the 15 year old a lesson or to retain order in his courtroom. He was satiating his offended, overblown ego.
The purpose of his diatribe was to insult and demean and to re-establish what he sees as the proper power hierarchy. "Apologoze to me or I will throw you in jail." I hope it makes him feel like a big man to berate a 15-year-old girl.
Should the family have been admonished? Yes, but not screamed at and threatened. Judges don't scream and threaten; they conduct orderly business. This matter should be referred to the JQC, as should the other judges who conduct tirades at prosecutors, witnesses, victims, defendants, and defense attorneys.
...the rest of the story.
Horace Rumpole............................................GOOD DAY.