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

Tuesday, March 17, 2009

ZLOCH v.MORENO

Now we're cooking. Those of you who called for the blog to step away from the intellectual and metaphysical meanderings of the philosophical basis of our economic system, will be glad to know that help has arrived from an unexpected quarter: Federal Court!!!

Yes, this is primarily the milieu of our favourite federal blogger. But unlike us, he is not anonymous and needs to go before these judges. We suffer from no such concerns. 

DRAMATIS PERSONAE: Federal District Judge William Zloch (former chief Judge the of Southern District of Florida); Federal District Judge Federico Moreno (current Chief Judge of the Southern District of Florida); The Honorable Donald Graham (next in line to the throne of Chief Judge of the Southern District of Florida.)

Our play begins as Chief Judge Fred Moreno opens his mail sometime shortly after February 9, 2009. He receives this memo (courtesy of the DBR)  from Judge Zloch wondering whether Judge Moreno would step down early as Chief Judge so that Judge Donald Graham could have a turn in the Captain's seat?

The problem for Judge Graham, as succinctly divined by Judge Zloch, is that while Graham is next in line to the throne,  certain arcane federal regulations do not allow judges to become chief judges if their term would begin after they turn 65 (or after they turn into a pumpkin at midnight.) With apparently nothing better to do than look at a calendar, Judge Zloch discovered that Judge Graham will turn 65 on December 15, 2013, while CJ Moreno's term is due to expire on June 30, 2014. If things play out the way they currently are set, Judge Graham will miss out on his turn. He will have to settle for his measly job for life, salary and pension and benefits for life, and how sad would that be? 

Apparently very sad in Judge Zloch's view. 

Calling Judge Graham a man of "tremendous moral character and courage" , Zloch cited to the precedent that Judge John Gobold, Chief Judge of the 11th Circuit, stepped down early so Judge Roney could become Chief Judge and avoid being "Grahmed out". (cf, Marbury v. Madison,  5 U.S.  137 (1803)

The strong rumor is that Judge Moreno responded thusly: "Why don't you practice what you preach? You could have stepped down early for me and you didn't."

Federal District Court Judges slugging it out. Now that's what we like to see. Almost makes Broward look civil. 

The odd part of Judge Zloch's memo ("All we are saying, is give Graham a chance") is that he saw fit to send it to not just the other Judges in the Southen District, but also to  the following individuals: Congressman Alcee Hastings (impeached as a Judge from the Southern District);  Congressman Kendrick Meek;  lawyer H.T. Smith; lawyer Johnny McCray; lawyer Perry Thurston; lawyer Larry Handfield; and others. 

Now for some reason we were left off that list. But what do every one of those individuals on that list have in common?  Hint- it's not their birthdays.

Apparently while race is not a factor for Justice Clarence Thomas in any decision, it is the deciding factor for Judge Zloch in who should become chief judge and why.

In the final analysis, this memo  is a slap in the face to Judge Graham. He has many many things to be proud of. He is a universally well respected Judge. There isn't a lawyer I know who would not put Judge Graham on the top of any list of judges they would like to try a case in front of.  Judge Graham is accomplished, bright, fair, and charitable. To debase his accomplishments by insinuating that his race played or should play any part whatsoever in his success is demeaning. 


But by all means let this not be the end of it.  Hopefully Judge Moreno's memo will be leaked, and this can end up as a special on TBS: "When Federal Judges Fight." In any event, it spared you, dear reader, another boring exposition on Ayn Rand's views on the epistemology of individual rights.




20 comments:

Anonymous said...

i was looking for Brian's blog and found this...who knew Brian was a US Attorney...?

Podcast 84: Brian Tannebaum, US Attorney on Criminal Defense in Miami, Florida
Friday, December 19, 2008 by charonqc
Today I am talking to Brian Tannebaum a US attorney who practises in Miami, Florida as a criminal defense lawyer. Brian is author of the Criminal Defense blog and has written a short book The Truth about hiring a Criminal Defense lawyer. I use the structure of the book as a base for our podcast. We discuss Fees, advertising, experience, Federal v State work, the death penalty lawyer and cover a great deal of ground

Listen to Podcast 84: Brian Tannebaum, US Attorney on Criminal Defense in Miami, Florida

Anonymous said...

Graham has much more senority on the federal bench than Fred . So how did Fred get the "chief" before graham?

Anonymous said...

http://mashable.com/2009/03/17/your-honor-i-tweeted/

Anonymous said...

um , rump? you're a state court hack. leave the federal stuff to the real lawyers.

Anonymous said...

If race relations are such a priority, why short change the Hispanic?

batman said...

No Graham does not have much more seniority so forget that.

Zloch is a rectal area of gross proportions. Always has been, always will be.

One golden domer vs. another. No loyalty among the Irish on St. Patty's day.

Anonymous Liberal said...

Dear Voice of Reason:

See for yourself how a responsible liberal blogger behaves: http://www.salon.com/opinion/greenwald/2009/03/17/dodd/index.html

The Obama Administration is taken to task for falsely blaming Sen. Dodd for exempting AIG bonus payments agreed to before Feb 11, 2009.

Rumpole said...

That's the beauty of being a state court hack. The AUSAs are left scratching their heads after a trial saying "now how in the world did that happen?"

Anonymous said...

the state hack will always dominate the federal hack in the courtroom. it has been proven.
plus, the federal hack will tape you and cheat you then try to put you in jail.
acosta is a federal hack. he needs to hack the heads off a few of his hacks before judge gold does it for him.

the ultimate male

Anonymous said...

No wonder why he wrote that memo his chambers are located at the Broward Federal Court Bldg, he is a Broward jurist.

William J. Zloch
U.S. District Judge

Location of Chambers:
299 E. Broward Boulevard, 202B
Ft. Lauderdale, FL 33301

Anonymous said...

Is that memo a St. Paddy's Day joke or something?

Anonymous said...

rump, you're a has been. you have not tried a case in a long time.

CAPTAIN said...

to 9:49

THE CAPTAIN REPORTS:

Judge Donald L. Graham became a Federal District Ciurt Judge on September 16, 1991 replacing Sindey Aronovitz.

Judge Federico Moreno became a FDC Judge on July 16, 1990 replacing .....
........

Bloggers - That is your question for the day?

CAPTAIN OUT ....

SHUMIE TIME RULES said...

Spotted the big guy himself with the Colombian sitting on his laps "lighting his cigar." I'm calling it Shumie Time at lunch.

Anonymous said...

maybe this will esculate into a physical confrontation like the miller v. Dennis battle.who would win?

Anonymous said...

See, in Federal Court, they don't share fax machines so they have to fight about something.....

Anonymous said...

9:37, "charonqc" is a british lawyer, referring to an american lawyer as a US Attorney.

Anonymous said...

Ayn Rand?
If she was so smart, why couldn't she spell her name correctly?

Anonymous said...

Did Moreno replace Tom Scott?

batman said...

Those of us old enough to know him, remember Alcee Hastings as a judge not just a Congressman.

Time to take my nap.