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, July 16, 2009

3rd DCA ROUNDUP

"And that's the way it was....."

WALTER CRONKITE HAS DIED. NY Times obit here.

"To say that we are closer to victory today is to believe, in the face of the evidence, the optimists who have been wrong in the past,...To suggest we are on the edge of defeat is to yield to unreasonable pessimism. To say that we are mired in stalemate seems the only realistic, yet unsatisfactory, conclusion. ... It is increasingly clear to this reporter that the only rational way out then will be to negotiate, not as victors, but as an honorable people who lived up to their pledge to defend democracy, and did the best they could."

Walter Cronkite, after having returned from Vietnam, on the CBS Evening News, February 27,1968.


BREAKING NEWS (courtesy of Mr. D.O. MarKus) the finalists for US Attorney include REGJB Judge Daryl Trawick!!! David Buckner and Willie Ferrer round out the list.
Another REGJB Judge makes the cut. Congratulations to Judge Trawick who has shown through his professionalism and competence on the bench that he would make a great US Attorney.


Our mostly weekly (and weakly) roundup of the opinions that matter most. (yawn).


Corley v. State: En Banc opinion on obscure area of sex bat victim injury points under 1991-1992 guidelines: "Acknowledging our fallibility, we today recede from this holding in Arroliga and belatedly join every other district court of appeal in the state which, for

Category 2 Sexual Offenses committed during the time period in question in this

case, see infra n.2, has required evidence of actual physical injury to assess victim

injury points. "


Rumpole says: "Acknowledging out fallibility?????!!!!!!"


Who's going to be the first Appellate lawyer with the cojones to use that language in a motion for re-hearing?


Slow week at the 3rd.


Can anyone get anything done in this heat? Judge Brown should show some initiative and shut court down for August except for arraignments.


See You In Court. Hot.


Once again, congrats to Judges Scola and Bagely for making the short list to replace Federal Judge Hurley. Two former Janet Reno ASAs still making good. Go get-em guys.

23 comments:

Anonymous said...

Cuyahoga County Sheriff embroiled in "Shumie Scandal Investigation"

"Cuyahoga County Sheriff Bob Reid was forced to call a news conference to explain a news release in which over 44 county employees have been arrested or suspended for an investigation into billing the county for work time while they were at home.

Reid said "the term Shumie Time was used by the suspects to denote the time they were at home when they supposed to be at work. They used the term- we didn't. We just reported it in our news release. Quite frankly our investigators were stumped when they first heard it used. An internet search traced it to some surfers in California and then almost simultaneously to some law firms in Chicago where the attorneys apparently used it as code to their secretaries when they were leaving work early. They said they were working on the Shumie case. In any event, we did not dub this the Shumie Time case, they did."

Anonymous said...

Congratulations Judges Bagley and Scola. You are both excellent judges and while we are proud and happy for you, we will be losing a great jurist in state court when one of you is chosen.

Rumpole said...

There are so many judges in the State system (granted, mostly in Broward) who are obnoxious, arrogant, and try to intimidate and humiliate attorneys and litigants. They cover their incompetence (or at least they try to) by loud, boisterous and rude behavior.

And then there are those group of judges who astonish you by their quiet professionalism. They don't make you wait, they take the bench prepared, they've read your motions and ask pointed and intelligent questions before issuing a ruling.

It is so wonderful to see three of these- Judges Bagely, Bob Scola, and Trawick get the recognition they deserve.

No matter what happens here- they've distinguished themselves and will continue to do so.

Fake Peter Adrien said...

What I don't understand is why I did not get out of committee. I am kind, courteous, well versed in all areas of the law and I'm black with a Cuban name. I am the perfect candidate. Hey Sotomayor is cool because she is Hispanic, how cool am I? I was on Obama's long list for SCOTUS.

The JNC didn't like me because I am from a Carribean Island. That's it!! They are prejudice against Carribeans.

batman said...

I agree Rump. Three great choices for these jobs. My money is on Bagley or the Judgeship, although all three nominees will do us proud.

Anonymous said...

Congratulations to the three finalists.

While I do not disagree with Rumpole's assessment of J. Trawick, it is hard to see Trawick's strengths as a judge translating into the very different role of U.S. Attorney.

I think the job will go to Willy Ferrer, but I'm on the fence for two reasons... In six years as an AUSA, Ferrer tried 8 cases, none, apparently, of any consequence. His explanation, and the comments of his former colleagues could easily break him. Also of concern is Ferrer's work with Janet Reno. For myself, it is a strong endorsement from a person whom I hold in extraordinary esteem. To others, however, Reno is anathema to all that is good. It's a political kink that Republicans will use to joyfully reprise their condemnation of Waco and the handling of Elian Gonzalez.

abe laeser said...

I sat in on the interviews yesterday. It would be difficult to explain all of the choices for the final three. They were excellent, but some others also clearly shone. Of the others, several had creative ideas and plans. Quite an impressive group.

Anonymous said...

Judge Escola. He da man.

Fake Blecher said...

Breaking blog news: Finally.

Real Fake Blecher thrown off the Tampa court blog after it was shown he was plagiarizing Fake Alschuler's posts from the Jacksonville Courthouse blog.

Finally this jerk has been caught. Send him back to Sandusky, Ohio, where he says he's from. Ban him from this blog Rump. Please

the trialmaster said...

The trialmaster endorses Judge Scola for the federal bench. He is a fine judge, no blackrobe fever and would be making tons of money if he chose to be in private practice, unlike most of the robed ones on the bench in state court.

Anonymous said...

And now the mantle of "The most trusted man in America" has been passed to you Rumpole. Take care of it and do it proud.

Anonymous said...

I wish we had more Judges of Haitian or Afican American. We need more qualified lawyers who are Black to file for elective office.

eyeonblecher said...

Jonathan Quinton Blecher

a/k/a "The Other Q"

Anonymous said...

To 7:06...

We need Judges who can spell African.

Anonymous said...

For all of us who are over 50, we have fond memories of Walter Cronkite.

He helped us through tough times and told us every Christmas that Santa was seen on radar coming from the north pole.

I will miss him... and "that's the say it is..."

You Go, Tom!! said...

Retired Judge Tom Petersen, not one to pull punches, let it all hang out in today's Miami Hearld OpEd page:

"On removing Juvenile Judge Cindy Lederman

I express my unequivocal support of Miami-Dade County's Chief Judge Joel Brown's decision to replace the administrative and assistant administrative judges in the Circuit Court Juvenile Division.

The Juvenile Court consists of two branches -- dependency (neglected and abused children) and delinquency (children accused of crimes). Judge Cindy Lederman has spent a decade on the dependency side and has earned respect and admiration in the field. She has served her community well.

Unfortunately, she has done so while simultaneously creating an atmosphere of oppression and fear among those who work there. Many lawyers and judges, myself included, left the juvenile justice system rather than submit to her demands for rigid conformity and obedience to her sometimes quite unreasonable and arbitrary dictates.

Meanwhile, being immersed in dependency matters, Lederman left the delinquency side of the court to her assistant administrative judge. The result in delinquency has been years of lack of progress coupled with the same atmosphere of fear and oppression that has permeated the entire court.

Brown wisely has selected Orlando Prescott as the new administrative judge. Prescott will bring his prosecutorial and judicial experience to the position as well as his compassion and openness to new ideas. His new assistant administrative judge, George Sarduy, will bring new vigor to the dependency side while continuing the laudable initiatives introduced by Lederman.

It is time for a change and a time to move forward.

TOM PETERSEN, retired juvenile judge, Miami"

Anonymous said...

Rumple
When Judge Bagley was at MJB, I spent a year and a half in front of him. He is conservative and expects alot out of the Attorneys who practice in front of him. But he Always treated both Attorneys and clients with curtesy and respect, even those he threw the book at. He took no BS but gave none either. I may have disagreed with his rulings but I always felt and still believe I and my clients always got a fair hearing with Jerald Bagley.
D. Sisselman

Rankmaster said...

To 7:06:00 AM, the Rankmaster wishes we just had the most qualified judges apply to be on the bench regardless of race and gender.

Anonymous said...

rumpole
check out the opinion pg in the miami herald today. judge peterson tells it like he sees it re judge leaderman's demotion. as they say in new orleans -he cut a fart on her.

Anonymous said...

7:06, your comments are likely anathema to most readers on here.

It would be nice, if in a system where blacks disproportionately make up a large portion of those accused of committing crimes to be able to appear before a judge who perhaps may have traveled on familiar roads and maybe have some understanding.

However, that then is going to run into the Sotomayor controversy. That somehow decisions are not based on what they ought to be based on. And that somehow coming from a background makes a person perhaps better equipped to deal with certain situations. Which would be very bad to suggest.

Or perhaps that maybe selection adheres to or ought to adhere to some "quota" which is "reverse racism." Again, very bad.

I understand where you are coming from, but I don't think most would or want to. Hence, why the first "allegedly intelligent" response is then to jump on a typo/misspelling and clown you with a snide comment.

Anonymous said...

The demand for increased minority / gender equality on the bench is built upon a singular, erroneous presumption: that the pool of eligible minorities and women is equal to the general population.

That the presumption is untrue is a sad testament to our society. However, facts do not change.

Among lawyers between the ages of 50-59, approximately 29 percent are women. Among minorities, the percentages are quite lower.

It is fortunate that current trends will reverse this inequity. Among attorneys younger than 35, the proportion of women attorneys is about equal.

Statistically, there is an inevitable wave of change coming. It started two decades ago... but will take at least another two decades to play out.

Only through bias can we raise the number of applicants above the percentage of eligible candidates. That route, though well intentioned, creates as much bitterness as it does good. Let us wait. Our schools and law-firms are filled with young women and minorities who WILL grasp leadership roles. I will encourage them. Waiting is hard, but better than choosing to create the appearance of neutrality.

Anonymous said...

I hope judge bagley gets the federal tap so that we can have him off the state bench. he is a right winger.

Anonymous said...

I have practiced law for over 35 years in this town. During that entire period I have remained white, non-latin, and male.
There is no question that the presence of women and minorities on the bench has created the proper role models that have inspired young women and young minority group members to aspire to high office and judicial positions. Without role models, that would not have happened. Fortunately, there are more than enough qualified minorities for judgeships that the low "percentages" do not mean that quality will suffer.
Over 20 years ago when he left the bench, then Circuit Judge Tom Scott commented that he was sick of processing young Black males from the streets to prison. That problem remains with us today, and if anyone thinks that the continued shipment of black males to prison for, no doubt, valid reasons is going to help society is sorely mistaken.
How many of the little boys we see holding their moms' hands in the hallways of REGB are going to be in orange suits in 15 to 20 years? For sure, if they had proper role models and dads at home, it would greatly reduce that likelihood.
It may be that some of us white guys may miss the opportunity of being judges, but I am all in favor of aggressive appointment of qualified minorities, It has made this a better town in my view.
So, I hope that our next U.S. Attorney is Judge Trawick, and our next federal judge is either Judge Bagley or Kathy Williams. They are not only minorities, they are very qualified. The aggressive appointment of women and minorities helped pave the way for this excellent result.