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

Friday, May 07, 2010

3RD DCA UPDATE ADDENDUM


FINALLY- FERNANDEZ!
Your new Circuit Court Judge is (former) County Court Judge Joe Fernandez. The Governor made the pick today.(Friday). Good news for the Judge: now Judge Reemberto Diaz will care what he thinks.


The Captain reports that we missed this one:

THE CAPTAIN REPORTS:

ADRIEN in the news again .....

Rumpole's 3rd DCA review forgot to include a case involving Judge Adrien.

The case was a simple run of the mill slip and fall. It was defended by Frank Angones, (former President of The Florida Bar). Angones moved to disqualify Adrien because, back in 2004, Angones had file suit against Adrien over Adrien's use of the "Camacho" name he was using during his election for Circuit Court Judge.

Adrien denied the recusal motion. The 3rd DCA REVERSED and ruled that "the Motion to recuse should have been granted".

Kendall 162 v. Pineda.



Cap Out ....


From the opinion:

As the record demonstrates, and as the respondent’s counsel has appropriately agreed, the motion to recuse should have been granted. See Siegel v. State, 861 So. 2d 90 (Fla. 4th DCA 2003). As such, we grant prohibition.

Prohibition granted.


Rumpole says: Since the Respondent agreed to the motion to recuse, the only party involved in this motion who could not see the OBVIOUS conflict was the trial Judge. How sad all this time and resources had to be expended on something that was so basic and simple.

33 comments:

Anonymous said...

BREAKING NEWS............

JOSE 'JOE' FERNANDEZ APPOINTED TO CIRCUIT BENCH

CAPTAIN said...

To Rumpole and 5:44.

It's not breaking news if I reported it at 5:14 pm. Hey Rump. A little credit.
THE CAPTAIN REPORTS:


CONGRATS TO OUR NEW CIRCUIT COURT JUDGE - JOSE FERNANDEZ

Judge Fernandez was a pit prosecutor at the Dade SAO for 4 years before entering private practice for 13 years, handling mostly DUI work. He ran for and won a County Court seat in 2006 and has been on the bench for just over three years now. Today, he got the call from Gov. Crist and now he moves on to the Circuit Court.

Well deserved and we wish him the best of luck in his new assignment.

CAP OUT ....

Friday, May 07, 2010 5:14:00 PM

Fake Judge Jack Coe said...

I think it's high time the Petey Adrien bashing stops on this blog. And I mean RIGHT NOW. Judge Adien in six short years has already reached the pantheon of great Justice Building Judges. I mean I often hear his name spoken in the same context as the great May Cain; the immortal Harvey Baxter, and perhaps the greatest of them all- HENRY FERRO.

And you have to admire Adrien's pluck- his sunny disposition to turn lemons into Coca Cola. He has been telling people, quite correctly I amy add, that this election is good for him , as the probable reason he hasn't been appointed a US District Court Judge is the Senate and WHite House's concerns that he does not have enough electoral experience to defend the seat if challenged. This election will show the senate and the White House that if appointed a US District Judge (or higher!!!) the president and senate can feel safe he would win an election for the seat if challenged.

WHat a guy!

RFB said...

LMAO!!!!

Judge Fernandez said...

goodbye and good riddance

Anonymous said...

Crist will now get to name Joe's replacement? Do you think these appointments really affect the voters? Can the appointees actually do anything for Crist?

Anonymous said...

Fernandez handling murder cases is a disaster. Horrible choice Gov. Crist.

Fake Artie Lange said...

with all due respect, Medicated Pete from the Howard Stern show would have been a better choice.

All those travel bags, huh... said...

Thanks to the Miami New Times - I now know what web site to visit when I need a luggage carrier.

Fake Boss Tweed said...

JOA Joe is in waaay over his head in Circuit. He never handled anything over a F3 in private practice.

This pick confirms (not that we needed any more facts) that Crist is the highest grade of self-interested politician.

Brennan was not going to get this one since she was a Jeb appointee and Crist would sooner kiss a woman than put a Bushie in office.

Gayles selection wouldn't help Crist in November.

Fernandez was the only pick that made political sense for him since he needs crossover Hispanic votes.

Anonymous said...

Judge Jose Fernandez: The next Julio Jimenez!

Anonymous said...

Soto,Diaz,Sarduy,now Fernandez ..... too many hispanics for us of us who grew up in Miama.....Them damm Cubans have too much power....Oh wait I forgot I am Cuban American too !.....what was I thinking?

Good Luck Joe and don't listen to those other ethnic denizens who are nothing but haters. WE are proud of you!

Anonymous said...

Now he can torture the felony defense attorneys. I am gonna party tonight!!!

MiLT HIRSCH'S EGO said...

It's never too early to get started. SO.....

THE MILT HIRSCH INAUGURATION COMMITTEE proudly presents the "Early Bird Program".

The inauguration/coronation of Milt Hirsch will be the biggest shingding the eleventh circuit has ever seen. Want to be a part of it? Get on board early!

Contributions start at the $200.00 level- get an autographed picture of Uncle Miltie.

$400 Level- get the picture and an autographed paperback of Milt's novel.

$750.00 Get the picture and an autographed first edition of Milt's book and a ticket to watch from the sidewalk as the motorcade arrives on inauguration day.

At the $1,000.00 level you get entrance into the courthouse and the ability for an SRO space in the lobby to watch all the ceremonies on closed circuit TV.

Actual entry into the courtroom to be a part of history and watch the inauguration in person and see all the celebrities, starts at $2,000.00 for a standing spot along the rear wall of the courtroom.

At the $2,500.00 level you get open seating.

At the $3,500.00 level you get reserved seating- for an additional $1,5000.00 you get a reserved seat and entry into the on site after party.

At $7,500.00 you are a certified "friend of Uncle Miltie" which includes a reserved seat, a copy of his "DR. Ruth of the 4th Amendment" article, a copy of his book, an email of his inauguration speech the day before the event, and entry into the evening festivities at the Fontainebleau.

Become a sponsor at the $10,000.00 level and besides everything at the $7,500.00 level you and your firm will be listed on the web site and the event brochure as a sponsor of the event.

All prices are subject to rise, so lock in these low prices now before they go up.


***(c) Milt Hirsch's Ego, 2010, all rights reserved. Milt Hirsch's Ego is a fully independent entity and has no connection to the committee to elect Milt Hirsch Judge or Milt Hirsch. Visit us on the web at Milt Hirschseg0.org.

Anonymous said...

Rump- any thoughts about bringing in Jamarcus Russell now that he's a FA? He could help out the captain and lend some serious star power to the blog and the raiders still owe him a ton of dough, so you probably get him cheap. Just a thought.

Anonymous said...

Hey fake boss tweed you are way wrong. Joe was a narcotics prosecutor and second chaired murders at the SAO. At Essen he handled DUIs very competently. In private practice he handled DUI manslaughters (including one against me) trafficking cases and an attempted 2nd degree murder (also against me). He took great depos and filedotions with merit. Now go back and fix someone's license you traffic hack wad.

We love you Circuit Joe!

Anonymous said...

Joe will do OK in Circuit and we will not miss him in DUI court.

Hey Joe... be nice to everyone up there. You only got this nod por que tu eres Cubano.

I saw Milt's Ego said...

I remember one time there was a big commotion outside a courtroom and a crowd had gathered and I asked what happened and it turned out Milt's Ego had gotten away from him and was running amok throughout the courthouse. They called Milt and he picked up his ego. He said it had happened before and he was working on fixing the problem.

CAPTAIN said...

to 2:27 pm

NO thanks. Jamarcus Russell. Are you kidding me. I don't need his help unless he comes in under 245 and with a major change in attitude.

Anonymous said...

May I ask what all teh nonsense is about Milt Hirsch. He is an exceptionally good lawyer. He is bright. He is experienced. He is someone who will actually take a big cut in comp to be a judge.
He is exactly what we should all appreciate having as a public servant. Perhaps he should practice wearing sack cloth and ashes to play to teh suedo-humble, but he is very talented, and we are lucky to have him, as opposed to folks who are doubling or tripling their incomes by becoming circuit judges.
Finally, the guy ran a campaign to win and won. He did it without targeting a white Jewish Male, a white non-Jewish Male, or a Black anything. It is a shame that we have lawyers who are so damned cynical that they run against incumbents because they are Latin and figure an unknowing electorate will vote for one of their own. Let's all make fun of Judge Adrien because he uses "Camacho." Shame on us that we come from a group of professionals that run based upon being Latin as opposed to being good, like that lazy, cop-worshiping, quasi competent Monica Gordo who brings to the electorate her gender and ethnic background and little else.
I for one salute Milt Hirsch who has figured out an honorable way to get to the bench and stay there without having had the foresight to be born Cuban. And, by doing it teh way he did, he won't be challenged next time by some seven year-experienced ASA or APD or solo practitioner who clsoes house loans that is Latin.

Make shit up and get $120,000 said...

If you can make shit up contact AG Bill McCollum for your $120,000 check.

The Florida Attorney General that hired Rekers to testify against foster children being able to be adopted by gays was none other than Bill McCollum-who is still Florida's AG. McCollum paid Rekers $120,000 for his "expert" testimony.

Seems McCollum is currently running for Governor in Florida. The same McCollum that has joined the lawsuit against our government to block health care. Evidently misusing taxpayer money to further his conservative agenda is the norm for him.

You have to read some of the comments being left on his Facebook page.
http://www.facebook.com/mccollumforgovernor

Course, poor Bill is trying to get them erased as fast as they're posted but quite a few people are still managing to get their posts up and their voices heard.

Anonymous said...

8:18--I don't think any reader of this blog will dispute that Milt Hirsch has the legal knowledge and abilities to be a superb judge. Yet he also has arguably the biggest ego I have seen an attorney have, which is saying something given the inflated heads that prevail in our profession. I could see Judge Hirsch wanting to be an "educator" and try to help all coming before him. But I could also see him getting a major case of "robitis."

Anonymous said...

It is truly a joy to listen to dethroned bigots complain about the unfairness of ethnic politics. Where were you when Dade County would never have elected a Hispanic judge.

The pathetic whine you pour is only made more bitter by your attack on Monica Gordo. How many murderers do you need to convict, how many potions of responsibility do you need to hold before a bigot will acknowledge you as "quasi competent."

8:18:00 PM, you are an embarrassment to anyone who has ever called themselves a lawyer.

Anonymous said...

milt is not an exceptionally good lawyer. your nuts. he will be a terrible judge.

Anonymous said...

Rumpy- no one wants a repeat of the Bondsmen wars of 1983- but I think we're heading that way.

I'm scared for the profession.

fake SRC said...

Finally, Fernandez
Mostly Milt....

Adrien is still an incompetent putz.

rfb said...

Sy Gaer, Mishkon, and a few others emerged victorious in the great 83 bondsmen wars. But it took out a great many criminal defense practitioners who never returned to the field.

Things are cyclical and it now seems high time we are on the brink of another bondsmen war.

Anonymous said...

12:15 A.M. Name the Hispanic judge who was appointed or elected to the bench and was targeted by a bigoted cracker with a non-Hispanic name. And, as to Monica, ethics count as much as convictions do, and we select judges for reasons other than convictions and "potions" for which she has been selected by a state attorney more interested in polls than what is right. You should examine your motives and figure out who the bigot really is.

Anonymous said...

12:15 a.m., I'm Cuban and I'm supporting Kuntz. I wouldn't want Monica Gordo on the bench trying to claim for herself the "Maximum" nickname.

CAPTAIN said...

THE CAPTAIN REPORTS:

BREAKING NEWS ......

OBAMA TO NOMINATE KAGAN:

On Friday it was our Governor naming Joe Fernandez to a Circuit Court seat. And today, President Obama will nominate Elena Kagan at the nation's 112th justice. Kagan is currently the Solicitor General of the US.

Assuming Kagan wins confirmation, she will be the lone justice asmong nine that did not sit on the Federal bench. In fact, she will be the first justice in nearly four decades without any prior judicial experience. (Name the last one?)

Kagan is 50 years old and a past Dean of Harvard Law School.

Cap Out ....

Anonymous said...

Abe Fortas?

J. Blecher

Anonymous said...

Seriously, Fernandez? If any of you has ever heard of Carlos Miller (photography is not a crime, www.carlosmiller.com) you will know that appointing this guy to the Circuit Court is a disaster. If the way Judge Fernandez handled Carlos' case is anything but a regrettable anomaly, Judge Fernandez has no business on the bench.

Anonymous said...

Just a heads up. Judge Brennan has her panties in a twist because she was not elevated to the circuit court, AGAIN! Lashing out at attorneys, staff and even prospective JURORS! She just can't get over the fact that no one else besides her feels that misdemeanor DV is beneath her!