Breaking News: The feds can't beat David O Markus (our favourite federal blogger) in a fair fight. So what do they do? They invent an allegation and tape him and the defense team. The Sun Sentinel article is here. The Feds don't tell David about the tapes until the middle of trial AND it appears the Feds didn't follow procedure and obtain permission from Washington before taping him.
US Attorney Acosta confirmed the taping and took great pains to make sure everyone understood that there are NO allegations of wrong doing against Mr. Markus or his team.
Judge Eig.
Last seen on the pages of this humble blog on March 27, 2008 with the post With This Plea I Thee Wed, (the name links to the post) where Judge Eig was suggesting to a defendant that he would look favourably on his pending probation violation if he married the woman who was in court with his child.
Here was part of our post, reprinting the transcript from Judge Eig's version of the Newlywed game:
THE COURT: Anyway, Mr. Starling, we have this thing. I don't know how to describe it except for thing that our state and really our own country have established people who show they want to make a commitment to the future and be a productive member of society. This thing is called marriage. Some people all it an institution. They also call it Dade County Jail an Institution. (Rumpole notes, we consider the comparison of jail and marriage to be an apt way of determining the virtues of marriage. And jail for that matter.)...
THE COURT: And make a commitment to this family unit that I am seeing here in front of you, this is something I would place a great deal of respect for. I would release you today, and you know you can come back in the future and deal with whatever issues there are. You would have a lot to bring to the table.
Well apparently Judge Eig's interest in children necessitated a move to juvenile court, where last week he had this exchange with a *15 year old girl:
From the Herald article (the title of the post links to the article):
Exasperated that the girl was refusing to return to a home where she said her caregiver hit and cursed at her, Miami-Dade Circuit Judge Spencer Eig lectured the sobbing teen about making bad choices during what began as a routine hearing Tuesday morning.
''You're throwing your life away,'' Eig told the girl. ``You could end up on the street toothless. You've seen these toothless hags on the street? You know how they get there? They blow their opportunities in life when they're 15. They run away, they end up -- people turn them into whores.''
''Toothless, dead crack whore -- dead at age 19? Is that the destiny you're looking for?'' he added. (Rumpole notes: Judge Eig seems very concerned, almost bordering on an obsession, with dental health. When you're dead, and when you're a dead crack whore, does it really matter if you're toothless to boot? It's not like you're going to need your teeth anymore. Just an observation.)
The exchange prompted the girl's attorneys to complain. The girl was brought back to court before Judge Cindy Lederman who apologized to the girl.
The article continued:
In a statement released to The Miami Herald by the Miami judiciary's spokeswoman, Eunice Sigler, Eig expressed regret at the language he used to scold the teen.
''The child in this case had been running away,'' Sigler wrote in a short statement. ``Judge Eig regrets that the language he used was strong, but it was his intention to try to warn the child about the dangers of life on the street, and what people could do to her. His intention was to help, not harm.''
''The child in this case had been running away,'' Sigler wrote in a short statement. ``Judge Eig regrets that the language he used was strong, but it was his intention to try to warn the child about the dangers of life on the street, and what people could do to her. His intention was to help, not harm.''
Rumpole wonders: Let us get this straight. Bailiffs and judicial assistants are being fired, but the 11th judicial circuit needs a spokeswoman???? For what? Judges aren't allowed to talk about on going cases. What on earth do they need a spokeswoman for? How much do you have to pay a person to say "no comment" to the media again and again?
As for Judge Eig, he's just running his own version of scared straight. Maybe he'll start dressing the part, coming to court in a large purple hat with a feather and a purple velvet suit, and pretend he's a pimp to scare the children. In fact, he can stop calling them children, and refer to them as "my bitches."
We say- leave the social work for the social workers and the psychological work for the psychologists. Having a law degree is a far cry from knowing how to handle a child in crisis.
Judge Eig may have meant well. Indeed, we have no reason to believe he didn't. But the road to hell is paved with good intentions, and like Judge Cueto, he needs to think these things through before opening his mouth. The good lord gave us all two ears and one mouth for a reason.
See You In Court, where things are getting stranger and stranger.
* What are the odds that two Miami Judges, in separate courthouses, would, within a day or two of each other, have run-ins with two fifteen year old girls, that would land both judges in the media and possibly hot water? At least 10,000 to 1.
46 comments:
Maybe the better question is: What are the odds that two complete dolts - neither of whom belong on the bench - would self destruct their careers on any given day?
Answer: 6 to 5, and call 'em.
Solution: Enact some long due changes in the standard for being a Judge. More time post-Bar exam. Actual trial skills. Maybe even assign judges in the area of their own expertise.
Personally, I am disgusted by the fools before whom I appear. They make me ashamed - as we should all be. No wonder the citizens have no respect + sometimes actually say what they are thinking.
Federal Judge favorites for the Judge Dan Hurley vacancy now that Kendall Coffey is the chair of the JNC?
1. Michael Hanzman
2. Mary Barzee
3. Bob Scola
4. Amy Steele Donner
5. Ellen Venzer
6. Israel Reyes
What do you think? Who has political clout? Who would be the best, most honest, greatest temperment and most intelligent?
On a different topic, for those former SAO employees and ASAs who may not have heard, longtime SAO employee Rey Boucourt passed away unexpectedly Sunday evening from a heart attack. Rey was liked by all that knew him and his big smile will be missed. Rey was 49 years old.
Unfreakin real! What a disgrace!!! I'd rather have a robot render a decision rather than a judge in south Florida. Too much corruption. How dare that incompetent judge (should your honor be excused for his unprofessional comments because his "heart was in the right place)? That judge needs to refer defendants to the right agencies to get the help they need rather than hinder their progress by using disparaging remarks that only further convince the public of their gross incompetence, not to mention the scars they leave on those who are unlucky enough to face them in court.
Thank you,
Ms. Rantz
RumpMaster we dare ya to post the twittering comment ya left on South Florida Lawyer Blog on your front page. There's fifty bucks ridin' on this bet. As a devoted comment contributor to this blog I expect to win.
I take exception to this quote in the Herald
"A Miami child-welfare judge drew the ire of his boss in the judiciary"
First, every Circuit Court Judge in the 11th Circuit is equal. There are no bosses. The only boss (if you can call it that) more like supervisor's to any Circuit Judge are the Judges sitting on the Third District Court of Appeal. To say that Cindy Lederman or any Administrative Judge is a boss of a non-administrative Judge is just incorrect information. An administrative Judge simply assigns the court room and other ministerial duties, she/he cannot reverse another Judge's ruling and/or fire, suspend or remove a Judge from office.
Second, there are no "child welfare Judge"'s only Circuit Court Judge's sitting in the Juvenile Court.
Honestly, some of these Judge's need to start getting some balls and stop with all the press releases. Sorry my ass.
Judge Cueto was right. Judge Eig that is your Court room. Since when do transcripts of proceedings which are confidential by law start ending up in the Herald. Some snot-nosed, ass-kisser, did not like the lecture and complained to Lederman.
Now this is Herald material. Are you kidding me!?!
C'mon folks, people (children) getting shot and killed daily in the streets of Miami and we are taking up space on this blog for this crap.
Judge Cueto and Judge Eig you are Circuit Court Judge's, and unless or until the 3rd DCA tell's you different "You are doing a great job".
Thank you for the morning levity of mentioning Ellen Sue Venzer as a possible federal judge! That is too funny.
RUMP,
What Baliffs or JA's got fired. NONE. If you're going to rant and rave, get it straight.
Oh how I yearn for those days of yesteryear, when the bench - and the criminal defense bar - was ruled by beacons of integrity. When the ethnic mix of our judiciary was not reflective of our diverse community, but our iron fist judiciary kept them uppity minorities, both defendants and defense bar, in line. Oh indeed how I miss those days of a bygone era. How I miss the likes of Alfonso Sepe, Harvey Shenburg, Roy Gelber, Harvey Gross, Elen Morphonios, David Goodhart, Ray Takiff, Phil Davis, and others who served with distinction! I still recall Judges Testa, Turner, and McKenzie (the alcohol on her breath sufficient mouth wash), now there were champions of preservation!
While not in the same category as those honorable mentions in the previous paragraph let us not forget the infamous “if we could sent them (the Cubans) back we would empty our jails” comment by Jeri Beth Cohen. Oh how I recall the bar circling the wagons around this classy jurist!
Get the point!
Judge Cueto and Eig are both good men, with a firm sense of fairness. Unfortunately, they had a momentary lapse in their judicial hypocrisy (i.e. pretend being nice to A- - H - - - -) and allowed their humanity or, more appropriate, their sincerity to surface. Perhaps because I prefer bitter honesty over sweet hypocrisy, or perhaps because I had to endure the likes of those fools who dominated the bench and bar in the past, that I do not condemn either Cueto or Eig, but am willing to see past their momentary laspse.
Oh how I await the comments with baited breath. I suspect even those who never practiced before some of those whom I mention will comment, may Saint Rump bless thee...
Very sad to hear about Rey Boucourt. A stand-up guy who ran the office supply room during my stint at the SAO. I would jokingly request fine office furniture from him once in a while and we would get a laugh out of that. He had a very kind heart and a good sense of humor, not to mention his big smile. RIP my friend, you will be missed.
I say it is between Judge Ellen Sue Venzer and Michael Hanzman. One of them will be the next FEDERAL JUDGE - or it could be Judge Scola.
Maybe Phil R.???
The US Supreme Court hears arguments Tuesday in a case that goes to the heart of the nation’s justice system and the rule of law: the right to a fair hearing before an impartial judge, untainted by money or special interests.
This case out of West Virginia points to an alarming trend. It comes at a moment when judicial neutrality — and the appearance of neutrality — basic to due process are under a growing threat from big-money state judicial campaigns and the special-interest contributions that fuel them.
Florida and thirty-eight other states elect at least some of their judges. Recent years have seen a proliferation of multimillion-dollar judicial races, replete with nasty attack ads and all of the other accoutrements of sleazy partisan politics. This sort of low politics is bad enough in campaigns for legislatures and statehouses. But it must be kept as far away as possible from the nation’s courthouses.
This case has drawn an unusual array of friend-of-court briefs from lawyers, jurists and business groups, including the Brennan Center for Justice. A wise decision would recognize the threat posed by record-breaking fund-raising for judicial elections — and make clear that judges and justice are not for sale.
JNC Chair? Is that the same Kendall Coffey who allegedly charged a disproportionate amount of money to his credit card for mature entertainment at a local gentleman's club?
My man Rump I have 'til the end of the day or I am out fifty bucks! Post pleeeeeese!
Let's compare
Judge Cueto's video here:
http://cbs4.com/video/?id=71960@wfor.dayport.com
with Judge (guess who) video here:
http://www.youtube.com/watch?v=vnJnA_mt_UA
mary barzee is a shoe in brother bill raised big big big bucks for obama. she will be a nightmare for federal prosecutors just as she has been for state prosecutors. but lets be honest no one cares what prosecutors think anyway
judge eig a good man????? yeah i guess if we want our jurists to act like they are mullah omar on the bench he is a great man. if we want judges to apply the law and leave thier personal religious biases at the door, he is an awful judge.
the crack whore comment is a big to do about nothing though
I am shocked that lawyers refer to judges in this fashion. Anybody who has ben around for a long time surely knows that the judges that we have in Criminal are very good judges. The attacks on Judges Eig and Couto make no sense. Does anyone truly believe that either of these men is incompetent. Unless each has put on a helluva show when I have been there, I have found them to be thoughtful and careful. Anybody's buttons can be pushed, and a judge is no exception. But, we are lawyers,and it ill behooves us to refer to judges as idiots or worse esepcially when we have to type it out and push the SEND button before anyone sees what we have to say.
It is not true to say these unkind and inaccurate things about our judges, and it is not a very flattering commentary on us and our method of critique an expression.
Supposedly on the JNC's short list:
Hon. Peter Adrien
Alex Michaels
Hon. Spencer Eig
The Q
The E
Naphtali Wacks
Hon. Migna Sanchez-Llorens
8:19 am, you forgot the wisdom and great temperment of Judge Rosemary Jones, one of our wisest and fine judges ever to done the robes. and how bout dick c.p. Lantz? our present bench is the weakest it has ever been due to the lack of experience of the judges who run, not out of public service like it use to be[jerry kogan and others} but it is a better paycheck than they could ever make in private practice. of course, their are exceptions like Stan, Kevin, John T. but they are rare, extremely rare.
I have been roaming the halls for 22 years and have a pretty good idea about Judges.
Sorry if this sounds a bit disrespectful, but being a Judge, in criminal court, is akin to managing a Publix (really more like a Pantry Pride in a bad neighborhood).
You are going to get dirty, you have to wear many different hats, you deal with the higher ups and lower echelon. You will never have the time or resources to accomplish what you want or what everybody expects. Sometimes you will be in a situation that you have never been in, there is no time for reflection and nobody to help you out.
Like anything else, if you care enough you will make mistakes. Everybody makes mistakes. If mistakes were foreign to the legal system then all those bound reporters in our offices would not exist.
Some of the judges are older, accomplished lawyers who have raised families and, maybe, lived life enough to have a holistic view on the situation. Ever been in front of Deehl...what an honorable and decent man.
Other Judges are a result of our system, which is flawed...inexperienced, too young and learning on the job.
The worst type of Judge is one that must always be politically correct. That means the judge is a non-caring robot. There have been some of those in the court house (prison for stealing toilet paper?) How about when a defendant tweaks somebody's nose through a car window and gets the burglary with a battery? That's bullshit right? You like the Judge that does not have the guts to do what is right? You want someone to follow the black letter of the law (many of the statutes are poorly written and cover too wide of an array of conduct) are simply do the right thing.
Give Eig a break. If that was my 15year old daughter I would want her to be talked to like that. Sometimes someone's life is more important than withholds and adjudications.
Give Cueto a break. Someone caused chaos and disrespect in his court room. I would not allow that in my house so why should it be allowed in court. What happens when clienst get out of hand? I see you in the hallway getting into fighting stances. Cueto was professional as an ASA and he is nice at the bond hearings. He is a lot better than who he replaced! That Judge did not want to "rock the boat" which translates into not always doing the right thing.
Whether these judges do things that are politically correct or not is largely immaterial. Measure a judge for real things like when they give the 30 year max for pleading straight up to the court on a 7 year mandatory drug case or sentencing to the max after trial when the previous plea offer was county jail.
Being a lawyer is no glory job. It is an esteamed profession but sometimes we are just plumbers in suits. Being a Judge is not much different.
A Judge that truly cares, enough to lose their temper, get emotional, cry etc. is the best type of judge because, in the end,for the all important disposition, they will do the right thing.
About ten years ago, a current civil Judge was in criminal court. He was a terrific Judge and a great guy. One time he was so involved with "caring" that he went on a tirade and referred to the defendant as a "dick". This Judge is one of the finest human beings to ever wear the robe.
Many of the judges from yesteryear were racist pig elitists. The Judges today are, for the most part, superior to the ones from 20 years ago.
If Eig cares enough about saving some wayword girl leave him be. Out of all of our mouths (especially mine) sometimes there is brilliance and sometimes utter nonsense. We all do it even the Judges do it.
I 'll take a big mouth that wears their emotions on their sleeve over someone just watching what they say to preserve their jobs.
8:24......anyone who's really been around a long time remembers a far stronger judiciary than exists today.
BTDT
judge eig is a bad person.
Well said Scott!!! I'm late to this argument and just saw the video of Cueto...You know what...He did the right thing...this 'little girl' was disrespectful and obviously needs someone to tell her how to act because her mother isn't doing it. Cueto took a lot of time to have a conversation with the mother...some judges would have just said...'that's the bond, your attorney can help you. By the way...when did the PD's office hire the UNIBOMBER to do bond hearings!!
Rump you son-of-a-bitch! You owe me fifty bucks for not posting!
Trialmaster, you cannot be serious. Have you seen the quality of the folks who have lined up to run in 2010? Even if you don't like them or think they are clowns, for sure Milton Hirsch and Miguel De La O are taking paycuts to serve.
7:16
I was assigned to Judge Barzee's courtroom for almost a year. I tried in excess of a ten trials before her (probably many more, I did not keep records of them). Some I won, some I lost.
Judge Barzee was ALLWAYS a marvelous judge to be in front of. Not once did I see her loose her temper in the courtroom -- with the prosecution, the defense, or a defendant. She ran an efficient calender, kept control of the courtroom and commanded (as a result of her example) from all attorneys appearing before her, the highest level of civility and professionalism. Her courtroom brought dignity and respect to the process.
It was always clear that Judge Barzee worked extremely hard and read every pleading that was filed in her docket, she understood every legal issue and ruled fairly on them all. Most importantly, Judge Barzee is not a result oriented judge -- she is the personification of the "fair and neutral" magistrate who we as attorneys and a society want sitting on every matter in controversy.
As a prosecutor I could not have been assigned to a better Judge.
I have now had the pleasure of trying a few cases in Federal Court since leaving the State Attorney's Office, and have litigated many more. Judge Barzee would be a magnificent federal judge and the Assistant United States Attorneys, Defense Bar and citizens of this community would be lucky to have her on that bench if: (1) she decides to put her name in for consideration; (2) her name is sent up and she is nominated; and (3), she is confirmed.
Sorry about the long post, but it is outrageous to anonymously throw out a statement that seemingly represents 'state prosecutors', especially given that you are so wrong.
Always....
Calendar...
Excuse my spelling.
I agree, give Cueto a break.
But, give Eig the boot. He is so unqualified to do that job and he is prejudiced against gays and non married straight people.
He was a disaster in felony court and in one week at Juv he stuck his foot in his mouth again.
For the record 7:43 AM, Rump does NOT rant and rave.
However, we all now know that Judge Cueto does! And apparently he also has time to justify his embarassing meltdown, because a couple of comments (3/3 2:40 AM, 3/3 8:24 PM, and 3/3 9:32 PM) sound a lot like Judge Cueto attempting to do just that!
Responding to the comments of Judge Barzee being a nightmare for prosecutors...
I find the remark to be baseless. I stood before Judge Barzee for two years, as the chief prosecuting attorney assigned to her division. Having observed the decisions she made on a daily basis and watching her preside over countless trials- I can say without hesitation that Judge Barzee is fair and impartial. The idea that she consistently rules in a way that is more advantageous for the defense bar, or frustrating for the State is absurd.
If the Judge was making things difficult for the State I would have heard about it everyday from my entire staff... and I NEVER did.
People should get a grip about Eig's comments. EVERY judge in juvenile court lectures children, parents, etc. like Eig did to one extent or another, especially Lederman and Cohen (legendary). If you expect decorum, stay out of juvenile.
ellen sue venzer is dums as a post. swamp dumb. fedreal court. that's silly. she is a ticket lawyer
As a former prosecutor appearing before Judge Barzee Flores on many matters, I also take issue with 7:16:00 PM. To suggest she is, or will be, a “nightmare” for all prosecutors is quite ridiculous. Anyone who has tried a case before her would note that she is an exceptionally bright and fair judge. Whether she rules in your favor or against, it is clear she does so thoughtfully. She is among the few members of our judiciary who always make a concerted effort to teach the young lawyers who are fortunate enough to spend any time in her division. What more can one ask of a state court judge? With all due respect to the other names mentioned earlier, I can think of no one on our state court bench more qualified and deserving of an appointment to the federal bench than Judge Barzee.
Eig is a rascist bully. no business on the bench. i was a federal prosecutor when he was "on loan" to the office from INS. lazy and laughed at in federal court by all, he was mean to the powerless and the have nots who tried to sneak into the country to be with their family. mean to them, provided they were anything but jewish. then he had compassion. we would not welcome him in our temple.
I agree with Scott Saul. As a criminal judge, its like Publix. You see all sorts of fruits and, unfortunately, vegetables and many of nuts.
People get ground up like pieces of meat.
Even some innocent people act like chickens and plea out despite their innocence.
*Time out to write in book - "blogging on Rumpole's site"
I think Judge Cooties did fine and so did Judge Aarrg. Whats the problem? I yell at my 15 year old all the time.
I have had the unfortunate circumstance to find myself in the Family Courts peridodically over the past several years. Even though this does not equate directly to the REGJB, it does relate to the judges and lawyers who practice there and how they compare with the criminal defense bar and the criminal court bench.
There is one person who keeps posting on this blog referring to criminal defense attorneys as "bottom feeders". There are others who attack the prosecutors and defense attorneys as low on the intellectual level and ethical standards.
Pardon me, but I have never seen anything quit like what occurs in the Lawson Building. First, I have to say there is no group of people who feed on human suffering more than divorce lawyers (I refuse to call them "family" lawyers, because in fact they are "anti-family lawyers"). Instead of doing what they can to make this most painful of times for most a little more bearable, they promote and agitate the parties into frenzies solely for the purpose of lining their own pockets. Rather than speak in terms of reason they speak in extremes and confrontational tones, that in many cases are put on for the benefit of the client and to help the other lawyer justify doing the same thing.
They refer cases to each other, mediate each others cases and act civilly to each other outside the presence of their clients discussing how much they can get out their clients before being forced to settle. If you think that criminal lawyers have a "closed shop" you haven't seen anything to have the chance to observe these parasites in action.
They are the leaches and bloodsuckers of the legal profession, charging exorbitant fees for little work and little legal expertise. With rare exception the law of divorce is simple. What's yours is yours, what's mine is mine and what's ours is ours to be split and shared. How simple is that?
They promote child custody battles which do immeasurable harm to the children for whom they supposedly are advocating.
The conduct I have observed would never be tolerated in the crimnal courts or by the lawyers who practice there. The laywers and judges in the REGJB have a method of dealing with the unethical amongst themselves, strive to educate those who do not make a living there and help those in need to make sure the client gets adequate representation. They are a collegial group who are more inclusive then exclusive.
The worst part is that the judges have their favorites and no matter what the law may say, they will rule with those favorites out of fear of election retribution or expedience. A most recent example is a judge in that division who faced opposition and set aside his arrogant ways in order raise money from all segments of the legal community. After getting re-elected he returned to his arrogant nature and partiality towards attorneys who did not contribute to his campaign or do not practice in "Family Court" regularly. He brags to his peers of his low case load and believes that 99% of what he does will never be appealed so he can do as he pleases with impunity.
It has been a long time since my sense of justice and righteousness have been so insensed, but my observations of recent matters and the conduct of the lawyers has me seeing red. If you have the stomach for it, or if you don't have the stomach, but can go without a meal one day, drop in on a motion calender and watch this circus. They are all clowns (many of the judges and most of the lawyers), but you won't be laughing when you leave.
I will be in trial for the next 6-8 weeks so I will not be able to give this forum the benefit of my views. But after the trial, I will return so the other members of this foum may benefit from my intelligence and experience.
Cut Jorge Cueto some slack. When I was a defense attorney, I had many cases with Jorge and he was always professional and decent. I watched the video and I give Jorge credit. The young girl was disrespectful to the court and she deserved a reprimand. While Jorge could have been better tempered, his instincts were correct.
I don't know what the lawyer meant when she/he said that Judge Barzee would be a nightmare for federal prosecutors. The posters who have defended Judge Barzee are absolutely spot on - she is fair and impartial. Which is exactly why she will be a nightmare for federal prosecutors who believe that they are entitled to win every issue brought before the Court because they represent the United States of America. If you spend a single day in federal court you will see the childlike petulance exhibited by these prosecutors when they do not prevail on even a minor issue. So, I took the original poster's comment as a compliment to Judge Barzee Flores.
JORDAN YOU ARE A COMPLETE FRAUD AND PHONY i was in the sao with you when you were in front of Barzee and I heard you whine about her decisions early and often
I guess ones prespective changes when you are begging the judges for pleas
I would like to see one current prosecutor who is not now a criminal defense attorney say that Barzee was fair to the state
Kudos to you Scott Saul for saying lawyers are plumbers in suits. I wish more lawyers thought of themselves like that as opposed to the self important jerkoffs who make up the majority of the bar
Judges need some sensitivity training - I am embarrassed at both Eig's and Cueto's behavior.
Ivan wasnt Cueto the one quoted in the DBR as saying "Ivan is my guy ?!"
Stay away from him if you ever intend to be CJ.
Cudo's to Judge Piniero and Judge Fernandez in having the courage to "do the right thing" again and again.
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