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

Monday, August 30, 2010

PRE TRIAL RELEASE FOR THE ROCKET

Retired pitching great Roger Clemens received pre-trial release today in Washington, DC federal court on his charge of perjury before congress. The title of the post links to the NY Times article.

Clemens is defended by Texas great Rusty Hardin.

JUDICIAL CHANGE:
Of the judges listed in the post yesterday by the incomparable El Capitain, Rumpole sees eight new judges and one arrest (what do we know that you don't? )

Attorney Richard Hersch has put his name in for a Circuit Court spot. Say what you want, but remember that beyond being a DUI whiz, Richard has been successful in representing clients in complex federal matters, and is the attorney on the groundbreaking self defense immunity case recently decided by the 3rd DCA and much discussed on this blog. While we remain solidly behind Judge White-Labora, Mr. Hersch will be a great addition to the bench.



TERM LIMITS?

A comment in the prior blog post asked whether anyone would be in favour of 2 term term-limits for judges? Interesting idea. We don't think it flies- but we've often thought that at least in criminal court there should be some form of internship where a sitting judge spends two weeks at the State Attorneys Office and two weeks at the PDs office every few years just to get reacquainted with the process the lawyers go through. Perhaps a stint in legal aid for judges in civil court.

<----------------Check out our new poll on why attorneys want to become a judge.

BROWARD FALL OUT

Not one incumbent lost a judicial race in Broward. However County Judge Lee Seidman who was a last second challenger to the seat Judge Aleman was vacating. He lost. And in an act of hubris, his wife was also a challenger for a judicial seat on the ballot as well. She lost.

DEATH PANELS:

We had our yearly executive physical at the Mayo Clinic in Minnesota recently. (Resting heart rate of 61, LVEF of + 80%-which is remarkable. ) We had some spare time so we poked around looking for the "death panels" that Sarah Palin and the other Republicans promised in the face of the passage of health care reform.

We wandered through the administration area, crashed an "m&m" conference (morbidity and mortality conference held to discuss recent deaths in the hospital), had coffee with an orderly named Olaf (really) and generally asked around. Nothing . Nada. Nobody knew of (or would admit-aha) to a group of nefarious doctors parsing out health care with government approval to only those they thought fit to live. Can anybody enlighten us on these panels?

CALLED OUT:

A certain federal blogger with a crush on an certain heiress to a certain hotel chain has challenged out football picks, going so far as to suggest he will be simply betting against every team we pick. We have warned him that should he engage in such a reckless course, he will be back at the Federal PDs office quicker than you can say "Henne to Marshall-touchdown!"
And we have issued a challenge back- currently you can read it only in the comments section of his blog. More on this at another time.

See you in court.

44 comments:

Anonymous said...

term limit for most politicians is a bad idea, for judges it would be perfect. it would free them from ruling to suck up to powerful attorneys and grovel for campaign cash. what would actually be best is two six year terms.

only the legal profession can come up with a system in which judges can hear cases in which they have taken cash from the parties before them. it is silly and term limiting judges would do much to allow judges to rule how they want to without fearing pissing off powerful lawyers.

also having a term limit would get people at later stages in their career to want the job and might discourage the gonzalez paulsons and gordo's of the world from running if they knew they wouldnt be old enough to retire from the bench.

Anonymous said...

"Texas great Rusty Hardin."? Think again. His representation of Clemens before the congressional committee may go down as one of the most ill conceived legal strategies ever devised. Its purpose was to convince the public that Clemens was innocent and to paint his detractors as liars or "misrememberers." It accomplished the opposite. Clemens' testimony was so patently absurd that it got him indicted. The irony is that Clemens did himself in. He spent hundreds of thousands of dollars to finance a PR show that proved to anyone with half a brain that he is an egomaniacal liar. How a lawyer, knowing the evidence to the contrary against Clemens, could have participated in such a suicidal charade other than for his own self aggrandizement is beyond me. One need only read "American Icon" to understand all of the irrefutable evidence against Clemens. You will spend a few days reading the book and a few more scratching your head wondering about Hardin: "What in God's name was he thinking?"

Anonymous said...

Rump
Have u given any thought to changing the name of the blog to "Hate the player blog""

Anonymous said...

Richard Hirsch is a clown

Anonymous said...

8:24 am - ditto

this shows why rumpole needs to stick to state court matters and leave federal work to the real lawyers

the trialmaster said...

It was a great move by Hardin. Now he can charge a 7 figure fee for the trial and a similar fee for the appeal. could not have done it better myself.

Anonymous said...

Agree 100% on Clemens. He was so poorly advised. Just go in and fess up. Say you took them because you were hurt or stupid or you thought it was flaxseed oil. Hey Rocket, see those guys asking you questions? they arent from the New York Post or ESPN. They are from Congress and lying to them gets you a booking photo. Just another dumb jock.

How funny would it be if Bonds and Clemens went to jail and Canseco went to visit them?

Anonymous said...

Hersch, White-Labora and Gayles= YES

De la O = No

Rumpole said...

11:49- NO- see the comment after yours.

Anonymous said...

Hirsch is a jester - a Kounty Kort hack.

Anonymous said...

Hersch hates cops and prosecutors. He is a "true-believer" and would be a defense lawyer on the bench. You can count on him being partial to the defense and lacks the temperament necessary to sit on the bench. Anyone ever see him after he loses a motion? He throws a fit-- throwing his files in his briefcase, slamming it shut and storming out of court.

Anonymous said...

Does anyone know if Ronald reagan ran for office for anything in 1979? Before you go and say something dumb, the election against Carter (and primaries) was in 1980.

This is part of my ongoing hunt for Rumpole's identity. Rumpole once said that he first voted for Reagan in 1979. Not sure whether this was a mistatement or a hint hidden as a mistatment

Marty Kohn said...

Rump, any update on the "K"? Lots of rumors going around...

Anonymous said...

I wonder if the person who called Richard Hersch a "clown" ever asked him for help with a DUI motion or better yet, joined in on the big Muldowney hearings a few years ago. Just wondering...

Anonymous said...

Saw Dan Lurvey at dolphin game take out some guy that was harrassing a kid.

Anonymous said...

Bloom will get it!

Anonymous said...

Richard Hirsch is not a clown but better to be a county court judge

Rumpole said...

5:18- try opening a history book. Reagan was governor of California. With your smarts, I could stand outside the REGJB holding a "I am Rumpole" sign and you would still miss it. I have little to worry about from the likes of you. But keep hunting.

There's a couple of codes I authored floating around the internet- why don't you try finding those and then solve them? 114.

My first vote for Reagan was in a primary for the presidency in 1979. My second vote was for him for president.

Anonymous said...

5:33 proves point about Hirsch. He is county court timber. He won't get up to governor. Bloom, Gayles, Denaro, Walsh, Fine, White Labora

Anonymous said...

"I am Rumpole" sign and you would still miss it."

LOL!! Well done!

Anonymous said...

Uh Rump, I am not 5:18, but I am a student of Presidential history. Ronald Reagan was NOT in any primary in 1979. All the primaries and caucuses for the Republican nomination for president began in 1980. The first two caucuses were Iowa and Puerto Rico (January 21 and February 17 respectively). The first primary for the Republican Presidential nominee was New Hampshire (remember New Hampshire always has to have the first primary) on February 26, 1980, which Reagan won with 50% of the vote. There were several straw ballots and forums in late 1979, but reagan did not attend any of them.

So, if you voted for Ronald Reagan in 1979, it was not in the Republican primaries, caucuses nor the straw ballots (which he did not participate in). You are mistaken.

Anonymous said...

Richard Hirsch is a CLASS ACT. So is Beth Bloom. Both would be assets to the Circuit bench.

Please explain said...

Rump. According to wiki. Ronald Reagan, the 33rd Governor of California, announced his candidacy for President of the United States in New York City on November 13, 1979.

I thought The first primary was in early 1980. What state or other entity held a primary in 1979

Please explain.

Anonymous said...

There were no primaries for president in 1979. The only votes were meaningless straw polls at some state conventions. The first primary was in New Hampshire in February, 1980. Reagan was governor of California from 1967 through 1974. He ran for elective office 6 times: governor in 1966 and 1974 and for president in 1968, 1976, 1980, and 1984. I think Rump is mistaking 1979 for 1976 when Reagan ran against Ford. Old age does that to a person. The above does not include Reagan's union politicking with the Screen Actor's Guild in the 1950's.

Anonymous said...

Hey Rump, how about we start a petition drive to get Soto to "trade" Tunis, Scola. and Tnkler-Mendez to the Family Division, and get Fernandez, Firtel, and Sanchez-Llorens back, vat-a-deal. Those three would do wonders in Family. The division would get what they deserve, and we would get some real judges in trade, it's a fair deal.

Hey, if the petitions do not do it, lets have a sit in in Berti's chambers, I hear the coffee is good.

Anonymous said...

muldowney motion....

nuff said

456 m - you are totally correct. he is a baby with an inferiority conplex, and I have heard him call judges stupid when they rule against him, and call the same judge great when he prevails.

not judicial material

Anonymous said...

Richard Hirsch has as much chance getting appointed circuit judge as David Peckins had.

Rumpole said...

All you people trying to track me down with the Reagan vote....you have eyes grasshopper, but you do not see.

This is the blind leading the blind. It's right in front of you, 1979, but you just can't see the obvious.

Oh well.

Anonymous said...

I do family and criminal work. The family bench is great right now. Dont mess with it.

Reagan in 1979 said...

I started this Ronald Reagan 1979 business last night. Not sure why you (Rumpole) took a crack at me in your 9:51pm post. It seems that you are more mean spirited than I thought.

As has been pointed out, no primaries in 1979. So I repeat, not sure if this is a misstatement or a hint hidden as a misstatement.

Second, Reagan wasn't governor of California in 1979. He had retired from that position years earlier. Again, no need to attack me.

Finally, you failed to post other questions I posed to the public concerning your email address and other possible clues I may have found. Scared? Too busy to go through them all? Or just a dick?

It was always my understanding as a long time reader of this blog that hunting for Rumpole's identity was part of the action.

If you want people to drop it, then openly say so and stop with the crap about hints and codes and whatever else.

Anonymous said...

Apparently, Judge Maxine Cohen Lando's husband died suddenly yesterday (according to David Young) - he was only 61 and was her high school sweetheart....

Anonymous said...

I must beg to differ with some comments, Hersh is Brilliant, J. Scola is a great judge and Tinkler Mendez should go back to being an attorney, in my view.

CAPTAIN said...
This comment has been removed by the author.
CAPTAIN said...

"The incomparable El Capitain". I could get used to that :)

Did you know that the 19th Amendment to the US Consitution (giving women the right to vote) was ratified 90 years ago; (August 18, 1920).

and Did you know that ....

Of the 123 Judges in Dade County, Circuit and County, more than half of them are female. I believe the count, post election, is something like 65 female & 58 male.

We have come a long way.

Cap Out .....

Rumpole said...

MEAN-SPIRITED??? ME? PULLLLEEEEESSSSSS.

Listen dopy, you were the one asking if Reagan ever ran for anything before 1979. In fact you wrote:

"Does anyone know if Ronald reagan ran for office for anything in 1979?"

and considering it is fairly well known (outside of your high school politics class) that he was governor of California - I felt compelled to educate you.

This is a rough blog. As Judge Rosa Figarola was quoted as saying recently to a defendant she took into custody- "put on your man panties."

Reagan in 1979 said...

Again with the "he was governor of California." Reagan retired from that job in 1975. What part of that are you not getting?

So, it seems to me that Reagan was niether governor of California nor in any election in 1979. So I asked your fine readers if that had any input. I am genuinely shocked at what a dick you are to your loyal readers.

Anyways, F*** it. I have better things to do with my day than to deal with the likes of you. I'm done.

Anonymous said...

Funny how some think that being an expert on DUI cases means one should never be anything other than a Kounty Kourt Judge.

Maybe you don't know the big appeals Hersch has won on non-DUI cases? Maybe you don't know shit about anything other than run of the mill drug and car theft cases?

Maybe you are just stupid?

You can run, but you can't hide said...

Rick Scott running scared.

Anonymous said...

Why all the Tinkler Mendez hate? Yeah her calendar is slow, but she listens and actually tries to follow the law.

Anonymous said...

In Pennsylvania, the judges are elected for 16 year terms. That makes for some independence

Anonymous said...

or maybe his wife won the appeals>>>

Anonymous said...

Rump,
Go easy on the guy. He didn't ask if Reagan ran for anything BEFORE 1979.
He asked if Reagan ran for anything IN 1979.
Big difference. If you say you voted for him in 1979, he had to be running for something then.

Anonymous said...

Hey 3:22, name and cite one "big appeals Hersch has won on non-DUI cases".

Him, not his wife.

mikal said...

Many great trial lawyers don't handle their own appeals. At least Hersch had the sense to marry a brilliant woman who was also a crackerjack appellate attorney.