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, August 05, 2010

JUSTICE KAGAN

The senate, having previously given advice, has now consented and has confirmed Elena Kagan as the 112th Justice Of the United State Supreme Court.

The final vote was 63 in favor 37 opposed.

Five Republicans risked being hanged in effigy by voting for confirmation (senators Judd Gregg, Richard Lugar, Olympia Snowe, Susan Collins, and perhaps the best and most reasonable senator around- Lindsey Graham.) One Democratic senator- Ben Nelson (Dem. Mars) voted nay. Senator Scott Brown of Massachusetts (Rep. loopy), who presented Kagan to the Judicial Committee at the start of the confirmation process, voted no against his home state nominee.


Who's the next Justice to hang up the robes and kick back and drink some cold ones while catching some toasty waves and some rays on Mission Beach?

Judge Newman (continued):

Rumor is the DBR is sniffing around to do a story on the Newman/Alvarez race based on our publishing "the transcript."

We were surprised to see a very high level of support for Judge Newman. We were also gratified. Not so surprising were the comments criticizing the candidacy of Mr. Alvarez.

Here's what we think: Manny Alvarez will be (if he wins this election or another election) a very fine addition to the bench. It besmirches his abilities and qualifications to cast him as a puppet for some lawyers seeking revenge.

Judge Newman may have upset some lawyers. And those lawyers may be supporting Mr. Alvarez. But it does not mean Mr. Alvarez is a straw-man candidate. Far from it.

TGI(almost)F

22 comments:

Anonymous said...

Maybe DBR needs to simply sit in Ed's court and watch him in action.
It can actualy be rather funny some days until someone pisses him off.

Then, Ed becomes crazy.

We think he was hit in the head too many times back in his football days.


I got a direct mail ad for Ed yesterday. Lots of photos of Ed and former Dolfins and almost nothing of substance. I guess being buddy-buddy with Don Shula means you are qualified to continue being a very marginal judge.

Go fins!

CAPTAIN said...

Chris:

Thanks for giving Marti her props. And great job on laying the record for the appeal. That's where it starts.

Cap Out ...

Fly on the Wall said...

My take on things.

1. Gonzalo Dorta hit a pedestrian, cursed him out and took off. Wonder what his BrAC was.
You Stay Classy Gonzo.

2. Newman needs to go through talk therapy on these cases because he isn't bright enough to grasp it all quickly. So he talks it out. People think it's case management, but it's not.

3. His actions were typical of the bullying tactics he engages in every day, some days worse than others. It can also change minute by bipolar minute.

Here, Pertierra, unfamiliar with the day to day in County, got hit in the face with a dose of Newman at his worst.

4. Newman, thinking on the fly, saw an opportunity to get away from the hornet's nest he kicked over. He put the young ASA on the hot-seat and got her to dump the case, bailing him out.

5. Manny couldn't be any worse than Newman, or could he? Maybe in a different way. You know how those former PDs can be (except maybe Colodny).

6. I'm voting for Special Ed anyway.

Anonymous said...

what's the blog's position on dan gelber for Attorney general...come on, the guy or his opponent will be the big wig in florida legal circles and the blog is silent on the matter...i, for one, think gelber is the right (left) choice...i guess, though, you be the judge...

FACDL listserve leaker said...

@12:16

This may shock you, but not everyone decides everything all the time based only on race/ethnicity/religion.

And if YOU are going to, and you clearly are, then don't be heard to complain if others do and it goes against you.

Anonymous said...

This famous hearing was on March 24th. Alvarez filed on March 30th. Within two weeks, the whole CABA mob (Pertierra, Dorta, Lomabana, Milian, Kadre) had written him checks for 500 a piece and some donated max amounts in both their PA names and personal names. If you dont think Alvarez was put up by the CABA mob, you're nuts.

Having been close to an election campaign this past cycle, you would see that a serious candidate does two things: 1. Puts up his/her own money to show donors that they are serious about running; 2. Plans, and thus fund raises several months in advance of filing. Neither of those were done by Alvarez.

I vote for Newman and not for CABA.

Anonymous said...

once again you cannot piss of anyone who has anything to do with CABA or you will get a foot up your ass

Anonymous said...

Rumpole:

Seriously, "and perhaps the best and most reasonable senator around-Lindsey Graham"

Have you been reading the news? This is the same guy that wants to repeal (at least in part) the 14th amendment.

That he is sometimes willing to cross the party divide is nice and all, but I would never call this wack-job reasonable.

Anonymous said...

This actor rivals RUMPOLE's favorite actor of all time ... MILO O'SHEA, the actor who played the judge in The Verdict.

You have to love the FULL METAL JACKET drill sergeant in the commercial for Geico. It is a must see - even once again ... Your thoughts Rumpole?

http://www.youtube.com/watch?v=JhlWddAXSRA&feature=youtube_gdata

Rumpole said...

Read the NYTimes magazine article on Graham. He is a thrown back to the times when Senators were colleagues. His comments that elections have consequences in his vote for Kagan in which he stated that she is not the person he would have chosen but she is competent and able to do the job shows that he is a senator of sense and reason. Right now he is the poster boy for what is left of bipartisanism and he is our last and best hope for getting the senate back on track.

His comments about the 14th amendment are unfortunate. HOWEVER- he may well just be focused on the limited issue of illegal alien women who come to the US in their 9th month just to get their child to be a US citizen. Now I don't have time right now for a full fledged debate on immigration- but we can all agree the system is broke and needs to be fixed.

Right now Graham is the most thoughtful senator out there. Read his speeches.

Anonymous said...

Tony says-
Fuck al milian fuck gonzo dorta and fuck the ramos brothers! I bury those cockroaches!!

Anonymous said...

THAT was Newman at his worst??? That's ridiculous. Pertierra and Milian are terrible and they were playing games here.

I hope Newman destroys them. And, for the record, I doubt CABA = Pertierra, Milian, et.al. They are just a group of boys.....

Anonymous said...

Rumpole:

This is 8:59 am again.

You said, "Right now Graham is the most thoughtful senator out there. Read his speeches."

I have tried my utmost to follow the senator. He is an interesting man. However, I stand by my previous comments, and suggest that perhaps you should re-visit his politics beyond merely his stance on judicial nomination/confirmation. It’s frightening (at least to me).

Anonymous said...

All you CABA haters should know that except for Lombana, these other guys are rarely if ever seen at CABA events. I would bet that they are not even members and Lombana's days on the board are long past.

And if you check past contribution lists, you will mo doubt see that they have supported non-Hispanic incumbents and candidates in both Dade and Broward.

If Ed wins, and I hope he doesn't, I hope that he learns from this. By the way, I think Manny is going to suck as a judge.

Anonymous said...

The Jewish Lawyers stick with Newman even though they know he is incompetent......The Wilkie Ferguson Bar endorses Adrien over Ruiz Cohen even though he is incompetent......Identity politics nothing more. Maybe the Cuban Mafia should play solely identity politics too ...Whadda you think?

Probably not 'cause it just ain't right ......How about it you RGJB bottom feeders..... right versus wrong? .....competence versus incompetence?....Nah just go back to paying off bail bondsmen

Anonymous said...

Couldn't Absolute Video now sue Rump for copyright infringement? Someone contact Absolute!

Anonymous said...

Sadly, you can expand your comments to include the House and, as of late, the Executive Rump. The bipartinship is totally out of control. All of the labeling, stereotyping, hyperbole, attacks, etc. on both sides of the aisle is sickening.

Several years ago, I stopped contributing to my party of choice and began contributing to the candidates of choice. Now, I get solicitations from both parties. It amazes me how nasty they are. Seems like the politicians keep forgetting that we're all Americans.

BTDT

Anonymous said...

Zzzzzzzzzzzzzz

Anonymous said...

Ed has been asking for this for a very very long time. That transcript is not even the tip of the iceberg of his obscene conduct. It perfectly captures how he tries to bully one side, can't succeed and then tries to bully the other side. He needs to go.
Maybe this is a good lesson- I am sure that any member of the bench who reads this is thinking "what if someone took a random soundbite from my calendar?" The answer is that yours would be bad too. If you don't want to end up like special Ed actually DO YOUR JOB!!!!. Do your job by reading case law and following case law. Your job is not to shift your ruling onto a party for lack of knowledge or desire to actually hear a trial.

It begins to feel like the bench here is the bottom of the law school barrel (the actual bottom is composed of the majority of the defense bar who went to [fill in here] unaccredited law school and make $$ on traffic tickets, continuances, and when they get really experienced, DUI's via kickbacks from bondsmen (defendants need to fear their attorneys more then jail, at least they take from you upfront in jail- seriously- if this is it then I understand why Sarah Palin has a chance of getting elected as President-

RGB has turned into a cesspool filled with crap defense attorneys, clogged with inept PDs and ASAs and tended to by plumber judges.....and Slom's ever present post-radioactive spray tan covered by leisure suits......

Happy Friday!!!!!

Anonymous said...

Although Adrien is incompetent, Ruiz Cohen hasn't practiced law in a decade. Like Manny, she was put up by CABA.

Anonymous said...

Dorta feels he was victimized in court when he was tried for leaving the scene of an accident after allegedly hitting a pedestrian. I wonder how the pedestrian would respond if he were asked who was the victim in this case. All in all, Alvarez running to get back at Newman seems like a 5th grade response by a group of nasty kids. My vote is for Newman.

pertierra,roberto said...

I would like to know the names of the "anonymous intelligencia" that so profoundly profess on The Blog to understand the dynamics of a proceeding without being there. This "intelligencia" is simply masking its own contempt and disgust, perhaps even envy of Hispanics. It is clear to me, that they were not in court on that day.
In an effort to educate these sources, I will relay the factual scenario as it actually occurred. Out of sheer contempt for the defendant and his lawyers,Judge Newman refused to conduct a bench trial. It was obvious to all who were there, that this was a personal problem the Court had against one, or all of us on the defense. More importantly, Judge Newman wanted to try this case prior to selecting a jury, via a profer from the State. He even tried to assist the State in amending their charging document. Consequently, as the defense, we were forced to reveal our ace in the hole, to wit: that the defendant had been charged under the wrong statute. The Court then directed the State to Nolle prosse the case, and consider re-filing. Hispanic, or Anglo, the defendant would have been acquitted because Mr Dorta never hit anyone, nor left the scene. At the time of this hearing, the jury box was filled with police officers who ended up congratulating us for standing up to this judge who claims to have judicial temperament. Moreover, most of the lawyers in the courtroom congratulated us for defending our client zealously. It is not inconsequential that the majority of the police officers and lawyers were NOT hispanic.

Let your records reflect that I have contributed to many more Anglo judicial campaigns, than to Hispanic campaigns. It is very important to have great judges not Anglo or Hispanic judges on the bench. For those of you who just spend your time pretending and convincing yourselves and others of your greatness, you do the community an injustice by pretending that Newman is qualified to be a judge simply becuase he is Anglo.