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, February 02, 2010

THE COLONEL OF COUNTY COURT REPORTS

Our intrepid County Court Colonel- the eyes and ears of this blog in County Court has filed this report on the effects the new no-soundings system has had on County Court:

The Colonel Reports from the front lines of county court:
Listen up soliders and take a knee.
Monday was the first (or second) full misdemeanor and traffic Monday that didn't have a sounding. Some courtrooms ran smooth like Judge Bloom's 6-8. Other court rooms were jammed packed with the type of traffic matters like DWLS and NVDL cases that are normally disposed of at soundings. Judges Newman and Miranda and Joe Fernandez's courtrooms were jammed to the gills at various times during the morning.
This new "no-sounding system" is making Mondays damn near impossible to get through. Even the hardest working Judges were challenged to get to their DUI motions before noon as dozens and dozens of extra traffic cases jammed individual calendars.

On the positive side for the defense, the SAO seemed clearly overwhelmed by the increased numbers of trials and their witness coordination system appeared on the verge of breakdown as defense attorneys across the board reported vast increases in the number of NVDL, DWLS and LSA cases that were dismissed because witnesses failed to appear.

The Colonel has a few ideas to alleviate the problems now emerging in County Court:

First: set 30-40 NVDL, LSAs, driving without eyeglasses, and DWLS cases for trial on Wednesdays or Thursdays (or both) as the judges now have a light Wednesday with only 10-20 dui soundings.

Second: Why not let technology take control?
Create a trial calendar for each courtroom on line. ASAs will post pleas. Defendants or their counsel will get passwords that allow them to log in and check a box:
"plea accepted/denied"; "motions filed/trial requested" " continuance requested" etc.
The judge can then rule on the requests and post them on line. And just like that Mondays become 20 times easier without any court appearances. Where pleas have been accepted, they can be scheduled for other days of the week, like Fridays when few trials take place.

We're going to continue our reconnoiter of these courtrooms and issues. Mondays are clearly a work in progress for County Court and this bears continued vigilance.


OK soldiers. That's all for now. Dismissed.
And remember- there's gold in dem der misdemeanors.

Rumpole says: Thank you Colonel. It sounds like the new system is going to need some improvements.
Anybody else wish to file reports on the new system?


20 comments:

Anonymous said...

THe Sun Sentinel reports former Broward ASA and former Miami-Dade State Attorney canidate Al Milian stated: "DNA doesn't mean anything," said Al Milian, one of Villegas' lawyers. "DNA can be fabricated. DNA is not the end-all be-all. I think what's astounding about this case is the lack of evidence and motive." Really Al. Tell us how. It sounds like Al is getting ready to hit someone.

Rumpole said...
This comment has been removed by the author.
Anonymous said...

Breaking Blog news: that stupid groundhog in Pennsylvania saw his shadow: Bad news:

Six more weeks of Judge Adrien....I mean six more weeks of winter.

Anonymous said...

ANybody watching the Kimster on Bob Norman's daily pulp blog? Hot hot hot!

Fake Alex Michaels said...

Deeeeees new County Court arrangement ees BULLSHEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEET! Pretty soon I start putting judges in Romanian Death Lock if I must wait in line more than 30 seconds for client's case to be heard.

Phil R said...

Rumpole said...
6:14- I never met Al Milian until he ran for Dade State Attorney. I have gotten to know him since. I have found him to be not only a very good lawyer and one of the "go to" guys if you have a serious case in Broward, but a very friendly individual who is always ready to help you with advice on a case. We all have done things in court we regret (I recall once as a young ASA telling Judge Rosinek of all people to "shut up" and desperately trying to shut my mouth as the words emerged) and I think, especially as criminal defense attorneys, we of all people should judge people as they are, and not on decades old incidents. Even if true- and I don't know much about the incident- should Al be judged on his work since then? He is after all, now working as a criminal defense attorney, meaning he has the ability to see a case from all angles.

Anyway, I think Villegas is in very good hands and I wouldn't count Al out, DNA not withstanding. And if you're going to take a cheap shot at someone, how about signing your name. At least Al was a man and didn't get into an anonymous dispute with someone. He stood his ground out in the open, even if he was wrong in doing so.

Let the anonymous attacks on me begin.

Phil R.

Anonymous said...

yes, al is now a good man b/c he is a defense atty but was a vile horrible attorney when an asa. good point.

Anonymous said...

i agree with phil.
jd

Anonymous said...

Hey,

I know Alberto "rock em sock em" Milian too.

After a jury verdict of not guilty (when he was a prosecutor_ he called the jury a bunch of lobotomized zoombies and morons. He then said he did not "believe int he jury system."

He has been written up over and over by the Bar and the DCA. He has twice battered lawyers on the otherside. Really he actuall hit the opposing counsel!

He is a bully, rude and offensive.

When he got arrested for his DUI case, he made it clear to the police officer that they would soon find out "who he was." (His case is pending before Judge Lerner Wren)

Give me a break. Al is not nice. Rumpy, I mean Phil, you can have him.

I'm just sayin... said...

Anyone want to call a shumie and hit nine holes? Just sayin....

Real fake blecher said...

Wow. An early shum. Must be nice.

Anonymous said...

Look I don't want to be an apologist for Al. I've thought angry thoughts about jurors when I've lost a case, but I guess I was smart enough to keep them to myself. And Judge Phil Knight (rest in peace) had a DUI while on the bench and to this day his remains the brightest and hardest working Judge I've ever appeared before. None of us are perfect and let he who is without fault cast the first negative blog comment.

I'm just saying the guy deserves to be defined by more than an intemperate remark and I choose to value people based on how they interact with me, and I find Al to be a very decent, talented, hardworking attorney who I have consulted about cases in Broward.

And as to that smarmy tired old remark about me, I ask you: just exactly what proof do you have? As there is none because I am not the owner/operator of this blog.

Phil R

Anonymous said...

Come on Phil! IN your own words - don't judge a man based on one mistake - YOU have listed at least 5 "mistakes" just in your post alone..... If it walks like a duck, and quacks like a duck,.....

Anonymous said...

federal judge Joe Eaton also had a DUI while he was on the bench as did Judge Esquoriz among others.

Former ASA said...

Back before soundings, we nolle prossed tons of cases becasue officers were late or hadnt checked in on time. We were overwhelmed and it was a nightmare. Soundings alleviated all of that hassle and cases were handled in a more efficient manner. Defense attorneys hated soundings becuase it eliminated the "ready game." Now it looks like the ready game is back.

Anonymous said...

I have one question for you Phil:

Do you know any other lawyer who has physically attacked opposing counsel?

It is OK if you like Al but, many of us are offended by his past behavior.

Has Al ever done or said anything bad to me? NO!

I just don't like what he has done to others.

The fact that he has a DUI pending means nothing to me but, he even tried to bully the cops that arrested him and he blamed the accident on the owners of the property for not having better lighting. Give me a break.

He ran for State Attorney twice on a law and order platform but, the only reason he really ran is so that PBA President John Rivero could control the SAO and stop cops from being prosecuted.

We all know what is going on here.

I am glad that Al may finally be growing up but, his past is not one anyone could be proud of.

Anonymous said...

What's going on with Trooper Lawrence?

Anonymous said...

How can DNA be fabricated? Planted, yes, but fabricated? Is there a warehouse in western Miami-Dade were they are making DNA? How much does it cost? Shipping and handling?

Anonymous said...

To 7:44 AM

Apparantly DNA CAN be fabricated. See New york times article. Very scary in deed.


http://www.nytimes.com/2009/08/18/science/18dna.html

Anonymous said...

Al, get real.

Do you really think the police have time to fabricate DNA?