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, May 11, 2010

TRY AS WE MIGHT

We can't please everybody (or any robed reader or ASA):

A reader wrote:
Anonymous said...

What the chief judge did back then was the right thing to do. I just think that people (myself included)are sick of the gutter trash that make up much of today's society.

Hey Rump - you must be busy. You need to update posts more often for those of us with mundane, boring jobs who need the distraction
.


Sorry- we aim to please. We exist just for you, right?


Nothing good coming out of the Gulf: Our favourite civil blog- the South Florida Lawyers has the depressing scoop here.


We got out of Broward alive yesterday. Barely. Judge was scowling at us more than normal. She might be on to something. How embarrassing would it be to be outed by Broward Judge.


David Markus reports that the 11th Circuit affirmed the conviction and sentence (life) in the Joe Cool case in an unsigned opinion without oral argument. Talk about not getting your day in court. As David notes, it's a life sentence- that should merit at least oral argument.


Here's an interesting fact pattern- lets see what you can make of it:


Judge awards law firm $350,000.00 in legal fees.

Judge gets caught canoodling with a prosecutor trying a death penalty case before her.

Judge gets JQC complaint.

Judge resigns.

Judge gets hired by law firm she previously awarded 350K to.

The Daily Pulp has all the dirty details in the latest twist and turns in the soon to be former Judge Ana Gardiner saga.


There's even more dirty details like the Defense lawyer who received the legal fees representing the Plaintiff's counsel in an unrelated malpractice case.

From the Plaintiff who owes the money:

Meanwhile, she just learned that at the same time that Tripp Scott was representing her in that case, Cole was representing Tripp Scott in a malpractice case. "I think they should have at least notified me of that," said Coleman. "I'm beginning to feel like everybody was in bed together except me."


That's how we feel every time we walk down the "hallway to hell" and into a courtroom North of the Border.

See you in court.

39 comments:

sexy blonde intern said...

I think I'm first. I hope Im first. It will make my day and rock my world, just like I want to rock yours Rumpole.

fake-sfl said...

The oil spill on the civil blog????The guys are busy commenting on I Dream Of Jeannie, hookah pipes and the chevys' interior decor.

Anonymous said...

sexy blonde intern = fat gay dude

(not that there is anything wrong with it)

Anonymous said...

Wow.
Hon - a bit of advice - When your supervisors said "you'll go far" they weren't referring to your career....

Anonymous said...

Rumpole,

You fail to note that the 11th Cir.'s decision was eight pages and actually analyzed D's arguments while citing a good number of cases. The fact that it was "unsigned" is of no import because it was per curiam (giving you some insight into the strength of D's arguments).

If D's arguments fail as a matter of law, why waste the court's time, counsel's time, the Government's time holding a dog and pony show of an oral argument? Instead of wasting time prepping for that argument, the AUSA could be working on other cases to ensure that each D prosecuted is actually guilty.

D got his day in court ... an extensive jury trial. His appellate argument was weak. I would think that you, as an Ayn Rand acolyte, would be the last person to say that D is entitled to a pointless hearing on a meritless appeal ... at which he would not even be present.

CAPTAIN said...

THE CAPTAIN REPORTS:

GOTCHA - SAYS THE FLORIDA BAR - Attorney in bed with a Bail Bond Agent .....

The Florida Bar has found probable cause for disciplinary action against a North Fort Myers attorney accused of receiving client referrals from a Fort Myers bail bond agent.

Attorney Matthew McDowell will be charged by the Bar with — misconduct and minor misconduct, direct contact with prospective clients and misconduct of attempting to violate or violating the Rules of Professional Conduct.

McDowell, was admitted to the Bar in 1996 and he has no prior disciplinary history.

The bond agent — Orin Oppermann, owner of Alpha Omega Bail Bonds — admitted in documents filed last month that he recommended McDowell to clients. He and his wife, Margarita Oppermann, have both requested a hearing from the Florida Department of Financial Services.

Research revealed 90 percent of McDowell's criminal cases with a bond were secured by Alpha Omega Bail Bonds.

So, fellow bloggers, who is going to take the time to run CJIS and match attorneys/bondsmen/women and start exposing whether the same thing is happening right here in good ole Mi-ama Dade County (as our friend and colleague BK like to pronounce it).

Cap Out .....

Anonymous said...

There are a whole bunch of lawyers in Miamim doing the bondsman tips game.

Bondsman get the client out, refer them to the lawyer and pay commissions.

Lawyer gets client, sends client to same bondsman, and bondsman keeping finding new clients for the lawyer.

All illegal and unethical.

We all know who the lawyers are... but, if I mention names, grumpy rumpy will not publish.

Rumpole said...

Wow 2:34!!! Are you sure? You mean to tell me that there are really attorneys in Miami who are receiving referrals from bondsmen??? Next thing you'll say is that they're kicking back 33% of their fees for the referrals and that in return the bondsmen are kicking back ten points on the bonds that they attorneys refer.

I mean how crazy is that?


Listen knucklehead- everyone knows what's going on. The reason I can't print names is because you won't print your name. You send me an email from your personal email address and name names of attorneys and bondsmen and I will print it. And you be prepared to defend it. Otherwise how could I ever tell which anonymous complaints are real and which aren't? In fact, lets say some of the dirty attorney decide the best defense is a good offense and send me an email and name you. How would you feel, with no evidence to prove otherwise, if your name in a google search came up with a link to being dirty and dealing with bondsmen?

CAPTAIN said...

Rump:

New British PM ....

David Cameron, the leader of the Conservative Party, said he will lead a coalition government with the Liberal Democrats.

Cap Out ....

CAPTAIN said...

THE CAPTAIN REPORTS:

Your next Circuit Court Judge ...

The following have applied to replace Judge Kreeger on the Circuit Court:

William Altfield
Ofelia Damas-Rodriguez
Migeul de la O
Robin Faber
Robert Galt
Darrin Gayles
Gary Gorday
Steven Grossbard
Andrew Hague
Patricia Kopco
Robert Kuntz, Jr.
Browyn Miller
Gordon Murray
Gladys Perez
Rodney Smith
Jeffrey Swartz
Marie Jo Toussaint
Lisa Walsh
Deborah White-Labora

The JNC will interview some, but not necessarily all of the above and send six names to the Governor.

For those of you that are such vocal complainers out there, now is your time to speak up or shut up. Call, write, or email the Chair of the JNC or any of the members and let them know who is qualified and who is not qualified to sit on the Circuit Court bench.

Mark Romance (Chair)
Richman Greer PA
305-373-4048
mromAnce@richmangreer.com

CAP OUT .....

Rumpole said...

Oh to be in England now that spring is here, and Gordon Brown has resigned.
Had a very pleasant stay in London. I miss it already.

Trans atlantic travel should almost always be accomplished in a private aeroplane. Its really the only civilized way to travel.

Anonymous said...

aiiii,yiiii,hiiii, noy Swartz again. oh vay

Anonymous said...

Grumpy Rumpy at 3: 12. You are right. Calling someone is crook without proof is not fair. That was not meant as an insult. I bet you too know who is doing that bondsman kickback stuff.

Funny, how certian lawyers always are hired by clients bonded out by certian bondsman. Hmmmmmm.

Anonymous said...

It is now time to set aside your personal preferences and ignore race; religion; national origin; gender and sexual preference and to look at the list of applicants for Circuit Court and decide:

1) Which candidate has the most experience and knows their way around the Courtroom.

2) Which candidate has the best temperment.


3) Which candidate is capable of giving a fair trial.

4) Which candidate would you feel comfortable handling a Life Felony or Death Penalty Case.

This is particularly important because the person selected will end up in Criminal. Now is not the time to snipe but it is the opportunity to participate before the selection instead of just complaining about the person selected after the fact.

Fill in the blank: Of the 19 applicants listed above, I would feel most comfortable trying a serious Felony case before_______ (Pick six names)

You are so right Captain.

sexy blonde intern said...

You're all just jealous. And if you saw what I have waiting for Rumpole, you'd be jealous of him too.

To quote a Seinfeld episode:
"They're real and they're spectacular!!"

Anonymous said...

William Altfield - should - never will
Ofelia Damas-Rodriguez - who?
Migeul de la O - sorry
Robin Faber - c'mon
Robert Galt - who?
Darrin Gayles - hmmm.
Gary Gorday - no GG
Steven Grossbard - never
Andrew Hague - never ever, unfortunately
Patricia Kopco - no
Robert Kuntz, Jr. - nope
Browyn Miller - ahhhhhh
Gordon Murray - what?
Gladys Perez - oh my
Rodney Smith - nah, not yet
Jeffrey Swartz - no means NO
Marie Jo Toussaint - nice, no chance
Lisa Walsh - not happy with 6 in county?
Deborah White-Labora - no juice.

Anonymous said...

I've never had the opportunity to pay a bondsman for referring me a case but I would. Every big civil lawyer in town pays off non lawyers "runner" who bring cases. All the big names do it and the make millions of dollars. Where is the outrage there?

Rumpole said...

6:21 I am grumpy because I do know who's doing it. I've reported it to the SAO and police over the years. I've had clients fill out sworn statements. On one occasion when a client was literally kidnapped out of jail and brought in cuffs to a lawyer's office and told to call her family to wire 20,000 to the lawyer, I not only had the client and the family call the police- but I had my investigator pull files to show this lawyer had 35 clients from the same bondsmen. The detective laughed and told me to get real- "things will never change" she said.

Anonymous said...

I too have reported bondsman/lawyer games over and over and funny how they never seem to make even a misd case or Bar complaint.

What is so hard about setting up an undercover operation and getting a few bondsman and a few slimy lawyers.

I think they did this to Sy Gaer in the 1970's and he was found not guilty.

Rumpole said...

You're speaking of the "Market" corruption cases. I know the name had "Market" in it because that's where payoffs took place- but it might be known by a more complete name. Perhaps an even older timer could weigh in.

I think Sy took some misdemeanor probation and then moved on. It went up on appeal. I'm not sure of the final disposition. The problem as I vaguely recall is that Sy sort of flaunted it- meeting with bondsmen in Cazzolis- as the Au Bon Paain was known then- and taking out a huge roll of cash as the bondsmen lined up- and making payments.

Rumpole said...

I did a brief google search. It was called the "Market Connection" case. Diamond Joel Hirschorn is in one newspaper article representing a guy in fed ct who was jailed by Judge Eaton for contempt for refusing to testify before the grand jury. It was circa 1976, Perhaps some others can weigh in on this and we can do a front page blog post.

Anonymous said...

Final disposition of Sy Gaer's case is found at Gaer v. State, 372 So.2d 80 (Fla. 1979). Convictions for solicitation of legal services and aiding and abetting the recommendation of counsel by a bail bondsman were affirmed.

Anonymous said...

11:56, you missed the point of the exercise. Tt was not to figure out which candidate would get the appointment but to chose the 6 most qualified (or the 6 you would most like to walk in and see on the Circuit Court Bench) once you took away all the other variables such as Race; Gender etc. (and I guess you would have to add to that Clout, pull and politics).

Now try it again, which 6 names would be the best to be sent to the Governor?

Anonymous said...

Fill in the blank: Of the 19 applicants listed above, I would feel most comfortable trying a serious Felony case before_______ (Pick six names)

1. Lisa Walsh
(the rest in no particular order)
2. Deborah White-Labora
3. Darrin Gayles
4. Andrew Hague

No others merit consideration in my opinion....

Anonymous said...

This is easy. The only names on the list I'd feel comfortable trying a serious felony in front of are:

William Altfield
Migeul de la O
Darrin Gayles
Andrew Hague
Browyn Miller
Lisa Walsh
Deborah White-Labora

However, the 6 that are going to go up are:
Migeul de la O
Darrin Gayles
Browyn Miller
Gladys Perez
Lisa Walsh
Deborah White-Labora


And the Governor is going to appoint Gladys Perez. Who do I know, look at who didn't apply. They knew the fix was in and didn't waste their time.

Anonymous said...

Didn't Gladys Perez JUST get appointed? Is she that greedy? Talk about grandios dillusions. Marie Jo Toussant has not seen a courtroom EVER! Why does she think she is qualified to RUN a courtroom? She files C and some B level cases and she wants to preside over homicides and sexual battery cases. PLEASE!

CAPTAIN said...

THE CAPTAIN REPORTS:

The last six names sent up to the Governor by the JNC for a Circuit Court seat included: Alan Fine, Margot Moss, and Victoria Brennan. In fact, Brennan made the cut to the final three (along with eventual winner Joe Fernandez, and Deborah White-Labora).

Anyone care to comment on why Alan Fine and Margot Moss and Victoria Brennan did not even apply for the Kreeger seat?

Cap Out ....

Anonymous said...

Want to eliminate half or more of the problems with crooked bondsmen, crooked attorneys or police officers? Allow pre-trial release (or some equivalent) for all misdemeanors, including DUIs and for all non violent third degree felonies. Keep all other conditions of bond intact (no further crimes, no drugs, etc.).

I mean has anyone ever had a client say he would flee the jurisdiction were it not for the $2,500 bond he posted? Of course not. If they are going to flee, they are going to flee. If they flee on a felony, they get an AC and are held no bond when caught. If they flee on a misdemeanor, issue a $25,000 warrant and then let them either resolve the case (most likely) or post the new bond when they are caught.

Let someone challenge the common sense of this proposal. And if a lawyer does challenge it, think about how much your bondsman makes for doing nothing while you have to chase down your clients to pay you for work. If you knew the economics of the bond business, you would tear up your law degree and get a bond agent license immediately. Sad, but true.

Anonymous said...

Correction: the 3 that made the final cut last time were Joe Fernandez, Darrin Gayles and Victoria Brennan.

Anonymous said...

How naive ... if any of you think that the JNC cares or under any other name ... is any different than the "powers" who control who gets robed and who doesn't !

CAPTAIN said...

Thank you 4:50 for that correction. I knew that, but for some reason didn't type it that way.

Care to comment on the content of the post? I am curious what other people are thinking as to why those three did not reapply?

Anonymous said...

Two words, El Capitan: Gladys Perez. No great mystery.

Fake Chief Judge Joel Brown said...

Who is this Gladys Perez? A judge? Where? Here in Dade? Are you sure?

I could have sworn I knew all the judges here in Dade.

Anonymous said...

Brennan knows she ain't gonna get it with Crist because she's a Bushie.

Anonymous said...

Gladys Perez would make a great circuit court judge. She is smart, hard working and respectful of all parties and counsel. In short, a real class act. Go Judge Perez.

Anonymous said...

With Victoria in Circuit Life Felonies would become immediate Capital Cases

Anonymous said...

Dear 2:23pm (aka Judge Gladys Perez),

Why don't you please tell us what you have accomplished, other than working for Charlie Crist, that qualifies you to be a judge. Tell us about the trials you handled, please. Other than being a CABA kiss ass, what warranted Charlie in appointing you to the County Bench, much less now moving you to Circuit Court? Get real. This word "great" is thrown around too lightly, and does not apply to you.

Anonymous said...

2:23 Gladys Perez is not a "great judge". She hardly knows what she is doing in County Court. Being courteous and respectful is not all there is to being a judge. Half the time she is lost and the other half she is busy being a politician and trying to make everybody happy.

I think you all are wrong. Remember Crist is no longer a Republican and does not owe anything to anyone who is not there for him now. Does anybody believe that Perez has forsaken the Republican party and Marco Rubio? Me thinks not.

It may work out the way you say, but there is a fly in the ointment.

Anonymous said...

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!