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

Wednesday, July 01, 2009

NEW PROCEDURES FOR COUNTY COURT

Kindly act accordingly: (Now if they could only get the escalators to run)


THE HONORABLE SAMUEL J. SLOM

COUNTY COURT JUDGE

1351 N.W. 12 STREET ROOM 513

Miami, Fla.  33125

Phone 548-5187

Fax: 548-5134


TO:    ALL ATTORNEYS


FROM:          SAM SLOM, ADMINISTRATIVE JUDGE – COUNTY COURT CRIMINAL DIVISION

RE:            COUNTY COURT CRIMINAL DIVISION CHANGES  

 

DATE:           JUNE 30, 2009


Within the next month or two, the County Court Criminal Division will be implementing two changes to our current case setting practices:


  1. 1. Misdemeanor sounding/trial dates will be announced in court: Whenever a misdemeanor case is set for sounding/trial, the judge will announce that future date in open court. Notices will still be mailed by the Clerk’s Office but the selection and announcement of the future date will be made by the judge in open court. In cases where lawyers have filed written pleas of not guilty, those misdemeanor files will appear at the arraignment calendar in order to receive their future date but the lawyer and their client need not appear. Traffic cases will continue to be set as they currently are and thus are not affected by this new procedure.


Exception: An exception to the above procedure will exist for misdemeanor cases which are arraigned at one courthouse location and transferred to another courthouse location for their future setting (i.e. a misdemeanor arraigned at a branch court but set for trial at the Richard E. Gerstein Justice Building). The Clerk’s Office will continue to set the future dates on such cases.


  1. 2. Bifurcated calendar settings: Within the next 60 days or so, judges will (hopefully) have the ability to set their calendars so that the private defense bar’s cases, Public Defender’s cases, and unrepresented defendant’s cases are set at different times. For example, on sounding dates for a DWLS calendar, unrepresented defendants might have their DWLS sounding set at 9:00am, Public Defender DWLS cases could be set at 9:30am and unrepresented defendants could have their DWLS sounding set at 10:00am. Currently, judges lack the ability to set bifurcated calendars and thus all cases of a similar type must be given the exact same time. Computer programming changes however will provide judges with the flexibility to set cases in a bifurcated manner. Each judge will have the capability to set their caseloads as they deem appropriate - taking into consideration the number of cases pending in their division and the courtroom capacity to deal with those numbers. Judge Luise Krieger-Martin will conduct a pilot program in her division implementing this process before it is rolled out to the other divisions. This case setting flexibility has become crucial due to the fact that our limited courtroom capacity has not kept pace with our ever increasing caseload.


As always, if you have any questions or concerns I will be more than happy to meet with you.


Thank you.  


35 comments:

Anonymous said...

Has anyone looked through to the old stuff on Ranck's website. Closed it before I noted what month it was from, but search words for 'female anatomy.' they will definatey pop up. Are those entries his as well?? It's why I still haven't received disco?

Anonymous said...

Sounds like a good idea. Paragraph 2 has unreps at 9:00 and 10:00. I assume it was supposed to read attys at 9:00, P.Ds at 9:30 and unreps at 10:00.
Unreps should be later in the morning. Most attys can handle all their cases by 10 or so and can get out of the courthouse. Let the unreps come in afterwards. Easier parking and less lines at the door.

Anonymous said...

Why is "Miami Lawyer Simon Steckel" being constantly mentioned on MSNBC today as "close advisor to the Jackson family" and "Jackson family attorney Simon Steckel" and "lawyer to the stars attorney Simon Steckel"?
Do they know something the rest of us here dont?

Anonymous said...

How about "thank you, your Honor"??????

Or is the only thing people around here are capable of doing is complain?

Anonymous said...

its his job.

Anonymous said...

Tim Tebow would solve this problem very quickly.

Anonymous said...

Can't wait for J.C. Planas to get elected Judge so he can become Chief and take care of Slom. Well, that is if the Diaz De La Portilla allow it to happen.

Anonymous said...

11:00 pm............great answer. Thanks for proving my point. I bet you're one of the people who can't understand why others don't seem to listen to your complaints or don't seem motivated to instill change. Unfortunately, a good many of us share that lousy attitude. Perhaps if we were more appreciative of those around us and worked harder to create a friendlier and more collaborative environment, we'd see the changes we need. Crazy, huh?

BTDT

Anonymous said...

RUMP!!! The civil blog took a cheap shot at Joe Klock.
You gonna let them get away with that?

Anonymous said...

Rump, as we approach 4th of July and all the serious emotions tied up in this special day-

let me say one thing:



STERN RULES BABABOOEY BABABOOEY!!!!

Anonymous said...

Slom is dreamy......(sigh)

To BTDT said...

to BTDT:

How does pointing out that any Admin Judge's job is to make things run efficiently prove your "point" that no one thanks him. The two propositions are unrelated but I will try to connect them for you.

Here we go:

Dear Judge Slom:

Thank you for doing your job.

Love,

Someone who voted for you and gave your campaign money.


Feel better now?

Anonymous said...

Who gives a flying (nice play on words since he is a pilot of his own plane) c--p about Joe Klock. He was not even thought enough of to be invited to the Steel Hector reunion. He deserves any cheap shot thrown his way.

SH&D Alum said...

Klock helps more defendants at the MJB in a week, than some of you anonymous snipers do in a year.

Anonymous said...

just waiting for captain zzzzzzzzz to comment on christ loosing 5th district appeal..

Anonymous said...

I am not always happy with the rulings I get from Judge Slom but, I respect him and you must admit, he works real hard, means well and is one of the few people in charge that really cares about the mess at the justice building.

I just wish he would stop meeting with the SAO and working so hard to get money into the hands of the clerks.

We "ticket" lawyers wish Sam and Steve would be a bit less state oriented on ticket issues.

Notwithstanding that, Sam, we love you.

This new procedure should be good. It may also cut down on the long lines at the doors at 9:00 am every morning.

Now get Ed Newman to stop pushing everyone around and yelling at everyone for not being in his courtroom at exactly the time of the sounding. (Ed, look around, there are other judges who want us too)

Happy 4th

Anonymous said...

simon steckel the man is the milton berle of the miami defense bar

Scott Saul said...

In the criminal sector, has Joe Klock ever bothered anybody? Whythe vitriol on this blog?

Anonymous said...

Times have truly changed in the practice of law.Once upon a time a client retaining an attorney actually met the attorney.Once upon a time an attorney or a member of the attorneys'law firm actually appeared before a court with a file.Once upon a time attorneys represented clients.Unfortunately those time have changed because of a few attorneys who merely believe their staff,non attorney may speak with the client,collect the money for the client and the attorney must never meet the client.Even the day of trial they have another attorney appear before the court having nothing to do with him/her or their respective law firm.The attorneys appearing do not even know the attorney in court if such "substitute"attorney appears and even then have no documents showing compliance.
They care not for their clients and do not make any attempt to properly represent the client.'knowing nothing of the persons past criminal history or traffic history.
These attorneys are a blight on most attorneys who provide proper representation to their clients.These attorneys are a blight on the judicial system.These attorneys,and they know who they are had better shape up,or be prepared to be called out.
Judge Shelly Schwartz

Anonymous said...

jc planas as a judge what a joke. that guy couldn't hack it as a c asa

Anonymous said...

THAT'S TRIFURCATED.....

CAPTAIN said...

5:00 thanks, still have limited acees to internet out here.

THE CAPTAIN REPORTS:

GOV. CRIST GETS SPANKED BY FLA. SUP. CT. .....

On Sept. 2, 2008, 5th DCA Judge Robert Pleus announced his retirement in a letter to the Governor.

The JNC kicked into gear and sent the Governor a list of six names on Novemver 6, 2008.

Under the Florida Constitution, the Gov. now had 60 days to choose one of the six names as a new judge on the 5th DCA.

Instead, Crist sent the list back to the JNC and asked them to reconsider - in light of the three African Americans that they had interviewed and not placed on the final list of six.

The JNC met - and sent the list right back to Crist with the same six names.

Crist did not blink - he refused to name a replacement.

So, finally, the Fla. Sup. Ct. stepped in and today issued their ruling.

They said:

"The plain language of article V, section 11(c), mandates that the Governor, upon receipt of the certified list of nominees from a judicial nominating commission, make an appointment from that list within sixty days to fill the judicial vacancy." (11c says "The governor SHALL make the appointment within sixty days after the nominations have been certified to the governor.").

The court, in closing, stated:

"We conclude that the Governor is bound by the Florida Constitution to appoint a nominee from the JNC’s certified list, within sixty days of that certification. There is no exception to that mandate."

"Because we believe the Governor will fully comply with the dictates of this opinion, we grant the petition but withhold issuance of the writ."

It's nice to know that our Gov was once the Attorney General of this great State - and now has his sights set on Washington and the US Senate.

CAP OUT .....

Anonymous said...

Judge Schwartz,

No need to call them out, as it is obvious who the "meet em and plead em" lawyers are. They usually start out with "Judge, I have nine cases on your calendar today." Then they jump to the other courtrooms and do the same. They take cases by the dozens from bail bondsmen and after factoring in the kickback, only have time to hand over the plea authority and sell out their clients. No depos, no investigations, no client consult, no nothing. I wont do misdemeanor cases anymore because I dont have the time or the patience to negotiate against a fellow lawyer that quotes 500 bucks for a DUI or 299 bucks for a traffic misdemeanor. Pretty sad.

Anonymous said...

Gotta love Shelly Schwartz.........always calls it as he sees it (and does so publicly.........no anonymous sniping there!). Go Shelly!

BTDT

The Rule in Shelly's case said...

I agree with Shelly Schwartz 150%.

His verbal assault is made possible by the fact that he is not running again and doesn't have to raise money from the lawyers he dumps on (which he has taken gladly in the past).

Anonymous said...

Speaking of Simon ...

http://www.miaminewtimes.com/1993-10-13/news/a-prominent-attorney-a-briefcase-full-of-cash-a-scheming-girlfriend-and-a-severely-manipulated-legal-system-they-all-come-together-in-the-bizarre-tale-of-the-missing-briefcase/1

A prominent attorney. A briefcase full of cash. A scheming girlfriend. And a severely manipulated legal system. They all come together in the bizarre tale of The Missing Briefcase
Share

Miami New Times
Published on October 13, 1993

Anonymous said...

Dear 2:57:
You are correct,I will not be standing for election again.You are also correct that I received contributions from attorneys for my campaign.Such is necessary to run for election in our community.
Remember however,I questioned the guarantees and promised many attorneys made to their clients:promising no points and no school.It is my belief the Florida Bar is the culprit here having forwarded a letter that such statements are not considered guarantees(given to the Cloerk of the court probably 9 years ago nand I read it).
I have always questioned the propriety of "stand-in counsel,albeit in civil infractions I ask "is anyone standing if for so and so;or I need to suspend the defendants driver license or do trial in the defendants absence.I have questioned attorneys appearing without "authority to represent".By the way,these question etc.were made from day one I sat on the bench,and they did not just now occur.
Many,no most attorneys appearing are qualified,but they have handicaps;not speaking to client,not having file,and only meeting,oftentimes by my way of introduction:
'Sir,say hello to you attorney for the day,and if you have another hearing next week,it may be another attorney"
Two days ago,on a criminal docket a women appeared before the court and a well qualified attorney who frequently appears before me entered a plea to the charge.I alway look at traffic history and or learn of criminal history following plea or conviction.In this case the defendant pled guilty when clearly her d.l.could be obtained within two to three weeks.I asked in court counsel if she had spoken to the defendant or saw defendants history with negative response since had only received name of defendant at 11:00p.m.PRIOR EVENING,THE TIME NOW 9:00a.m.nOR HAD SHE SPOKEN TO ATTORNEY.i REJECTED PLEA AND RESET THE CASE.tHIS LADY ADVISED SHE HAD RECEIVE A LETTER FROM "rETAINED"COUNSEL,BUT NEVER SPOKE TO HIM,NEVER MET HIM,NEVER WENT TO OFFICE BUT PAID BY CREDIT CARD OVER PHONE.eVEN DAY BEFORE TRIED TO CONTACT ATTORNEY WHO WAS NOT AVAILABLE,AND THIS IS OVER TWO MONTH PERIOD.tHIS ATTORNEY SHOULD BE INVESTIGATED AND SHOULD HGIS STAFF FOR PRACTICING LAW WITHOUT A LICENSE.tHE LEGAL PROFESSION AND THE JUSTICE SYSTEM IS SUFFERING BECAUSE OF THESE ATTORNEYS.
bY THE WAY i ALSO TOLD THE LADY SHE WAS WRONG IN NOT GOING TO THE ATTORNEYS OFFICE ETC.DEFENDANTS MUST USE THEIR BRAINS ALSO. THEIR BRAINS ALSO aTTORNEYS CAN'T JUST TAKE MONEY AND DO NOTHING.
jUDGE sHELLY
URL

Anonymous
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They're Coming to Take Him Away said...

Is it just me, or has Judge Shelly come un-hinged?

AlL CApS, miszpeelings, and run on sentences... all signs of the unstable.

if you got one of these posts in the mail you would call the police.

Anonymous said...

Is there a writing test to become a judge?

Anonymous said...

Dear 9:29 and 9:59:
I am not unhinged and do truly say I am sorry.It was done rather quickly and I did not check it over.
The content of what is happening in county court was my message.What is happening here is not being tolerated in other parts of the state(i.e.substitute counsel,counsel having no file and not having met defendant prior to trial,filing motions but setting no hearings,attorneys having defendants appear but the attorney does not appear,and shall I go on).If anyone wishes to hear(via disc)some of the actual hearing please feel free to contact me.I promise you will be in for the shock of your life as to what is
and or how the practice of law proceeds in our communities county court.
Once again I am sorry for the form of the last post.
Judge Shelly

Anonymous said...

So there are a few typos, big deal. Is there anything in his post that isnt true? I dont get to the NDJC often and Judge Schwartz wouldnt know me from anyone else, but he has hit the nail on the head.

Anonymous said...

The reason this doesn't go on in other parts of the state is because no one gets opposition in other parts of the state. Here, the judges are scared to take lawyers to task for fear of Conchita Espiranza filing against them and then they may have to go work for a living.

If lawyers are not being professional, do something about it. Something besides blabbing here on this blog.

Anonymous said...

Talk about shooting the messenger..........

Every one of us knows that Shelly is 100% correct, yet at least a couple of you bash him for his grammar, spelling, etc? Are you kidding me? I'm guessing ya'll are the kind of lawyers he's talking about. This issue isn't his hasty post, it's the obviously inapporpriate lawyering that occurs way too often. It's unforunate that so few of you are willing to discuss that.

BTDT

PS---the comment that he's only going public because he's not runnign for re-election also isn't fair. Shelly's been making comments like this for YEARS. Shelly's ALWAYS spoken honestly about the failings of our system and has repeatedly encouraged change.

Anonymous said...

I have not laughed so hard in years. Shelly, these guys gotcha.

Have a sense of humor, laugh. I did for about 10 minutes.

They're Coming to Take Him Away said...
Is it just me, or has Judge Shelly come un-hinged?

AlL CApS, miszpeelings, and run on sentences... all signs of the unstable.

if you got one of these posts in the mail you would call the police.

Friday, July 03, 2009 9:29:00 PM
Anonymous said...
Is there a writing test to become a judge?

Friday, July 03, 2009 9:59:00 PM

Anonymous said...

To Thursday, July 02, 2009 7:46:00 PM

I agree that J.C. Planas should not think about becoming a Judge. Luckily for us, the Diaz De La Portilla political camp agrees with us and from reliable sources (their aide), are working to keep this nightmare from happening.

As you recall, there is a ton of bad blood with the Planas and De La Portilla camp. The De La Portilla even recruited his cousin I think to run against him in the past. In Tally, they worked hard to go against his bills and show him for the "C" ASA we all loved to go against.

REGB UNITES AGAINST PLANAS! YeY!