Monday, October 18, 2010

A HOUSE DIVIDED

TUESDAY NIGHT UPDATE: There's a real debate going on in the comments section and we're loathe to get involved, so we're keeping the post up through Thursday. Have at it.

UPDATE: CASA CARLOS:

We want to print a fair representation of the comments. Many, including private emails, have been similar to this:
Anonymous said...

Rumpy,

Please make sure you have your facts right.

I too am a PD and I close cases without depos all the time.

I also have been told that the "rules" you cite are actually guidelines.

Still love ya even tho you hate my boss.

Monday, October 18, 2010 4:24:00 PM


However, there have also been many private emails along the lines of thanking us for shedding light on what they consider to be a serious problem. And then there was these:


Anonymous said...

The house divided started during thr Gabe Martin coup. There has been a spirit of discontent ever since. The office is run by men of little substance.

Monday, October 18, 2010 7:21:00 PM


Anonymous said...

3 lawyers resigned last week. 2 others left the month before.

Monday, October 18, 2010 5:59:00 PM

We report...you decide

First the important stuff: No one went out in the suicide pool, so five remain.

We went 1-1-1 in our picks and were +170 for the day. We are 10-11-1 for the season and plus sixty Rex Ryans (thank you Jets) for the year.

In our head to head duel Rumpole is 4-2 while Markus is 3-2-1.

House of Sadness:

Word filters in on almost a daily basis that Silent Charlie's PD office is wracked by low morale fostered by stringent and absurd rules.

Item: PDs are now (required? encouraged?) to take all depos on all cases before accepting a plea. Evaluations are on depos taken not case load or results or trial skills.

Item: No more "jail days".

Item: A PDs whereabouts are monitored and any PD must be in the office if not in trial or taking depos. No leaving early.

With regard to this last rule, we have no problem with that. The taxpayers pay for the office and they are entitled to a days work for a days pay.

We do have a problem with the rule about depos. More than one PD has written to us about "Gestapo like" (their words, not ours) tactics in reviewing cases and enforcing rules. The office is an unhappy office with people looking over their shoulders and various sects rising up to snipe at others.

It seems that it goes without saying that morale at the PDs office is so bad it approaches the morale of the SAO ( a traditionally difficult place to work since Ms. Fernandle took over)...... or Obama's west wing.

Meanwhile, as always, silent Charlie sits there, silently refusing to speak about his office or his questionable budget and office management practices.

Remember what Abraham Lincoln said in his famous "A house divided" speech: "A house divided will not be refinanced at a good rate and you will not be able to take money out to pay your amex bill...." or something like that.

72 comments:

Anonymous said...

Morale at the SAO is waaay better at this time.

Anonymous said...

I am a PD and I have never heard of this rule of taking depositions before taking pleas. I take pleas without depositions. I leave it to the client. If they want to close their case to a plea prior to me taking a deposition, then so be it. If the plea is substantial prison time or jail time, then I tell them I will take the depositions prior to any plea so I can know for sure if the state has a case against them. But the office in no way whatsoever has every imposed that restriction on my decision as an attorney.

Anonymous said...

A house divided will not be refinanced at any rate until or pending divisions and/or additions are legalized with the Dade County Building and Zoning and Property Appraiser's departments.

Rumpole said...

excellent point.

Anonymous said...

Rumpy,

Please make sure you have your facts right.

I too am a PD and I close cases without depos all the time.

I also have been told that the "rules" you cite are actually guidelines.

Still love ya even tho you hate my boss.

Anonymous said...

Do the PD's in Miami use DepoTek like the Pd's in Broward? Or are court reporters still being used. Just curious, becuase ask any PD in Broward and they will tell you DepoTek is the WORST!

Anonymous said...

3 lawyers resigned last week. 2 others left the month before.

Anonymous said...

11:16 sign your name.

The house divided started during thr Gabe Martin coup. There has been a spirit of discontent ever since. The office is run by men of little substance.

Anonymous said...

11:16 - that's great that your clients can plea before depos. How about delving into the real matter - of Charlie monitoring the amount of depos you are taking and your whereabouts.

Sometimes taking depos is the easiest way to lose a case. Sometimes a speedy trial is the best for the client (i.e. when the State hasn't listed the right witnesses or when those witnesses listed by the state cannot be found). Sometimes taking depos gives the state a heads up on the problems with their case. Sometimes taking certain depos is just a plain waste of time (i.e. cops with minimal participation in the case who wrote an OI and end up saying nothing more than is in the OI).

So for your clients sake I hope there is some flexibility with these deposition rules Silent Charlie has imposed on you all.

Anonymous said...

Did you see the debate tonight for the attorney general's race? ___

Really, this is because Republican candidate Pam bondi would only agree to a single debate, and only if it was aired tonight, only on the Tampa (her hometown) local TV station, at the same time as was being aired the first Monday night football game and on the other station, the baseball penant race.

So of the six people that actually saw the debate, two of them are ex-husbands, one was her senior citizen boyfriend, her, her campaign manager, and Sarah Palin (only to see if any interesting Supreme court cases were mentioned.

Today, I stood at the Coral Gables library holding a Dan Gelber sign and was thoroughly disheartened by the response. Most people don't know anything about this race, they were voting down the Republican ticket line because they hate what the Democrats have "done" to this country in the past two years, and the ones who were Democrats, they genuinely looked depressed about their party's prospects.

I have to tell you, I don't think there is any way in the world that Gelber can win.

I am very sad about this.

So with my last bit of energies of the day I say, Vote for Dan Gelber, Vote for Florida's future!

Marc Cooper

eye on feiler said...

Saw Jeff Feiler...intercontinental man of mystery in the courthouse today. Looking very mysterious.

Anonymous said...

I'm just glad no juvi case or 3rd degree felony will be closed without depos of the transport officers!

Anonymous said...

Rump, any rumors of which judges will be heading over to the regjb?

Anonymous said...

I voted for Dan Gelber and Alex Sink yesterday.

No way am I going to let a dog napper be the next AG, or a Medicare criminal run this state.

Anonymous said...

The problem at the PD's office is that, unlike in Brummer's era, the office is now run by secretaries and administrators. Your secretary answers not just to you and the other 2 to 3 attorney's she's assigned, but to 2 or three more levels of secretarial supervision that has nothing to do with the practice of law.


Lawyers are told by secretaries to file motions in order to satisfy computer obstacles. Numbers are kept on everything.

Good lawyers know that numbers do not show good advocacy. Practicing law is a profession, Carlos, since he's never been a trial lawyer himself, seems to have forgotten that.


And, the worst part is, the 5th floor does not care. I seems to me, that the focus on providing the best representation flew out the window as soon as that stupid lawsuit was filed. The number counting is dictated by the lawsuit. The 5th floor has to justify everything with numbers now that they've challenged it. You gotta know when to hold 'em, and when to fold 'em. It's time to fold 'em and go back to practicing kick-ass defense. I think our clients would appreciate that. The office should focus on attorneys and those people directly connected to client representation, too many cheifs without client contact in that office. The office only exists because of the statutory duty to legally represent the CLIENT.

Anonymous said...

State no actions L&L charges against AUSA Sean Cronin for "boxer shorts" incident at Finnegan's pool.

http://www.miamiherald.com/2010/10/19/1880414/state-attorney-decides-not-to.html

Anonymous said...

8:32, 11:16 here. I agree with you totally. But that was not the point of my comment. My point is that there is no policy in place that prevents you from accepting a plea prior to depositions. Of course, a case can get better or worst depending on the investigation that is done. But this blog bashes Carlos all the time and most of the time, it is without any legitimacy.

I am more concerned with the level of work and micro management that is thrown upon our support staff, specifically the secretaries. They are working lights out right now and the new policies in place are affecting them way worse than a bunch of whiny APDs who can't go to the beach at 2pm on a Friday anymore.

3 attorneys quitting in the last month is not an indication of anything. The pay here is simply not enough to sustain families and inevitably, people will leave. That is no indication of the competency of management, but rather a legislature who thinks that the right to counsel is merely a suggestion.

7:32, why don't you sign your name? Hypocrite.

72 hours in a day, RIGHT! said...

Gotta love this attorneys billing practice. He billed for "72 hours of work" in a 24 hour day. Let me say it another way in one 24 hour day he said he should get paid for 72 hours of legal work.

Many other wonderful billing statements which led to his suspension as a Miami lawyer.

Sad part is that he worked in juvi taking court appointments and billing the State these crazy invoices. Finally some bright bulb in Tally asked a co-worker how many hours are in a day.

Q. Are you sure?
A. Yes only 24 hours a day.
Q. Then why is this attorney billing 72 hours in a single day.
A. Miami legal ethics, go ahead and send the check.

http://www.floridabar.org/DIVADM/ME/MPDisAct.nsf/DisActFS?OpenFrameSet&Frame=DisActToC&Src=%2FDIVADM%2FME%2FMPDisAct.nsf%2FdaToc!OpenForm%26AutoFramed%26MFL%3DKarl%2520Emil%2520Hall%26ICN%3D200870567%26DAD%3DSuspended%2520-%2520with%2520Conditions

CAPTAIN said...

THE CAPTAIN REPORTS:

The JNC has met and forwarded 4 names to the Governor to replace Judge B. Miller:

Tanya Brinkley
Dawn Denaro
Charles Johnson
Steven Lieberman

Cap Out ....

Anonymous said...

I am a PD and I am tired of you bashing Carlos Martinez.

Look, it is not easy running a place like this. No matter what you do, someone is not happy.

The simple truth is that most of us here get along well and most are pleased with Carlos. Carlos is honest, polite and listens to us. He never gives us any attitude. Unlike the SAO, we don't get yelled at constantly and generally everyonei is nice.

There must be some reason why Rumpy hates Carlos so much that he keeps spreading all this false bad feelings. So, Rumpy were you fired by Bennett? I guest that would mean that Rumpole is Jonathan Schwartz (the one who wears the yamulke)

Anonymous said...

To Monday, October 18, 2010 11:16:00 AM EITHER YOU HAVE NOT BEEN PAYING ATTENTION OR YOU ARE A LIAR BECAUSE THAT RULE HAS BEEN AROUND FOR QUITE SOMETIME AS A MATTER OF FACT YOU SHOULD AT LEAST TAKE SOME DEPOS BEFORE YOU CLOSE OUT YOUR CASES. SO GOD ONLY KNOWS WHAT KIND OF DEFENSE YOU HAVE BEEN PRACTICING!

Anonymous said...

Carlos is a nice guy but he has handled this all wrong and unfortunately he has destroyed a lot of the PD morale! There are some really stupid rules going on. THere was the whole: no jeans, no flip flops, no blocked times, no jail days, the secretaries now tell the attorneys what to do, the receptionist make a to do list for attorneys. Its terrible. trial stats are down, people are unhappy and Carlos will be facing opposition. The worst thing that could have happened was Bennett retiring. Carlos has taken the #1 pd office in the country and turned it into a shell of what it was. His tight grip of the attorneys is making them choke. As a pd I can say that the pre- Carlos days were awesome but now I hate it! I would love someone other than Carlos to run things. How about Guy Robinson or Edith Georgi!

Anonymous said...

Please I pray all my hardest prayers that Tanya Brinkley not become a Judge! She would just be another Flora Seff! You should see how she is as a traffic hearing officer, I would hate to see her with any real power!

Anonymous said...

can not we do better than the 4 losers nominated to go to the Gov.?

Anonymous said...

I'm just glad that Flora Seff did not get nominated. I was sweating bullets over that. Now I can sleep tonight.

Just think maybe she and Adrien can go to the Unemployment Compensation Office together to apply for benefits.

Anonymous said...

"Carlos has taken the #1 pd office in the country and turned it into a shell of what it was."

ROFL. You must be kidding. Bennett all but destroyed that office on the way out. Blaming Carlos for everything is asinine.

The truth is that neither office is as bad as some of the whiners on this blog would suggest.

I loved being a prosecutor, but didn't realize how easy the office made it. Now that I'm out in the real world, I have far more appreciation for the support I had while there.

My advice to the APDs and ASAs? Quit whining and start doing. Most of you have caseloads that are half of what we had in the 90's (and nowhere near what our predecessors had in the 1980's).

BTDT

Anonymous said...

Guess that means that Flora Seff is truly gone effective 1/4/11 because she did not come out of committee.

We will not miss her.

Scott Saul said...

2:09 P.M.

Losers???

Charley Johnson?
Dawn Denaro?

They are defintely qualified and you are a puss-loser for not puting your name on your post.

Anonymous said...

Are you winers kidding????? You can't wear FLIP-FLOPS and that is why you are complaining????? PLEASE QUIT!! Come out here and work for a boss like mine and you will see what being a "real" lawyer is. I was a PD for almost 11years - I now make double what I made at the PD's office and, despite the money, I miss that job every single day. And when I was there, I thought it was a disgrace the way some of the attorneys dressed and took advantage of the office. You people do not know what you have over there. Enjoy it while it lasts because nothing will ever be the same again once you leave.

Anonymous said...

12:11 are you kidding. on LSD or Rory Steiun. The <orale sucks and Most of the frint Line Felony PDs hate Carlos and the administration. Carlos could not try a "C" case so he went to Drug Court. He aint and never was a Trial Attorney. Most of 'us; hate the fifth floor starting with Carlos

Anonymous said...

Rumpole
If Charle Johnson is the SAO's Charlie Johnson, he is a good guy and a Straight shooter. He has always been a pleasure to oppose. I have seen him in court for years.
D. Sisselman

Anonymous said...

Rumpole
9:58am few on the blog sign thier name. Most want to snipe from the coverage of being Anonymous. But dont critize unsigned statements as Hypocrate unless you sign YOUR name. LOL
D.S.

Kenneth Weisman said...

To 2:09 PM. You refer to Charlie Johnson and Dawn Denaro as "losers". You are either misinformed, incompetent, or both. Charlie is one of the most decent, fair minded and extremely competent prosecutors in the office. His reputation among the defense bar is impeccable. My dealings with Dawn have been less extensive but always very positive. Either would make an excellent choice to replace Judge Miller's.

Anonymous said...

chuck johnson and dawn denaro are great people

Anonymous said...

I do not know the other three, but Dawn Denaro is a very fine lawyer and will be a very fine judge. To call her a loser is very unfair.

FACDL listserve leaker said...

@2:09 p.m.

No.

Anonymous said...

Dear-Tuesday, October 19, 2010 12:11:00 PM
What does Rumps identity have to do with the PD office issue. You are sick of the "attacks" against Carlos, well we APDs are sick of Carlos' attacks against us. There is a big difference between people getting along with each other and with what is going on at the PD's office. Just because people get along does not mean that us PD's are happy, we make the most out of a bad situation. The fact of the matter is that I am a, "true believer" I fight for my clients and I do a damn good job and what happens to me? I get passed over for a bonus after working my ass off and who gets the bonus?? Oh lets see who gets it, an attorney who is always late and has alcohol on his breath, another attorney who recently left but she arrived at 10:45 and left before 3:30 every day, not to mention and attorney who sucks but was thrown under the bus by the office so the had to appease her! So, the clear message is that if you do your job you won't get rewarded and if you are a lazy person or an alcoholic with an ivy league degree then you get a bonus. Whatever! Then there is the 5th floor that tries to reprimand and write up an attorney for some complete bs.
You keep defending Carlos see how you get rewarded next time your up for a bonus.Maybe you are Carlos himself, or ROry, or one of the Supervisors. The Fact of the matter is that You guys on the 5th floor are sucking the life out of us and all we do is fight and care about our clients. YOu don't give a rat's ass about the APDs and I don't want to see anymore of your fake ass tears Rory Stein cause when you try to put your all in to a job and raise a family on $44K a year and pay your 200K in student loans come fucking talk to me. I don't want to hear your bs sob stories. You keep putting money in your pocket. Instead of paying off Melinick's sexual harrassment suit you should have put money in your worker's pockets! You guys are all a bunch of asses!

Anonymous said...

Hey Rump:

Are you as sick of the wasteful whining as I am? How about devoting a post to ideas for improving the SAO and PD? I'm not talking about the "replace everyone in management" option. I'm talking about realistic solutions that everyone can get behind like........

1. A committee comprised of reps from the PD, SAO and private attorneys to look at ways to improve the system. Give the defense and state equal voting rights on the committee (ie. so neither side has an advantage). Designate a division as a place to pilot all suggestions. I believe this will work.........despite all of the fighting, I think we agree on far more than we disagree on, especially among the more senior/experienced attorneys.
2. Restructuring the offices so top notch trial lawyers can handle cases without having to supervise (both are set up this way in name only.......there are a slew of DCs who are great lawyers and crappy managers. Give them larger caseloads and let them try cases to their hearts content while keeping them far away from positions where they supervise others. Then, let people with the better supervisory skills handle multiple divisions and carry smaller caseloads).
3. Address the judges who are screwing around, showing up late, mistreating attorneys, etc. TOGETHER. Professionalism is not a State/defense issue and none of us should have to put up with the crap that certain judges are dishing out.

Obviously, there are many, many more ideas. I'm just giving some basic examples that shouldn't be too controversial but can have impact. I think we can get more done by working on areas of agreement that we are by fighting over every little thing.

BTDT

Anonymous said...

I am really pissed off about the PD office! I really think people do not realize how bad it has gotten. You are kicking people who are down, people who are giving their all to represent the indigent! I use to love it here but now, I can't deal with it anymore. I have been here for so long and had great times but currently its disgusting. The secretaries are trying to tell us how to practice law, what needs to be done on a case and how it should be done. The office is not what it use to be. THis is a time of great economic need in our community we have more clients than ever, why don't we have more trials? You have attorneys who have not tried a case in over a year really! This is the Miami PD office! Wake up, the more you oppress your workers the less they want to work. So if you are going to put the leash so tight on my neck that I can hardly breath, then I have to stay still so I don't waste precious oxygen and I can survive. Before the stupid you must be at work to 4:30 rule you use to see most attorneys at work till 6 or later, once they made that rule come 4:30 the place is empty! I worked harder before because I was happier. I did not make more money but I felt trusted and respected so I gave more. I will be damn if I will continue to give and give and then on top of it I get more rules, more restrictions, less money, less freedom, and less appreciation! Maybe Carlos should read the blog because if the office is his family and he loves it like he says then he is abusing his children!

Anonymous said...

I'm a PD. People leaving means nothing. For a while nobody left. It wasn't because the office did anything right or wrong. Nobody could find jobs. Now people are able to, and some people are leaving. This is a high turnover job and who is in charge has nothing to do with that.

I think the lawsuit was stupid. I thought that from when it was filed. I don't blame Carlos for it. Bennett was in charge when it was filed. It did hurt morale because many line PD's felt that the 5th floor was concerned with the lawsuit rather than our daily jobs, especially after it was clear the lawsuit was not viable. (In my opinion it was never viable, but certainly after the 3rd ruled it was difficult to think this was worth the effort we were spending on it.)

I have only heard of one PD who was disciplined for not setting depos. From what I understand, that PD had a 3rd degree felony caseload and barely set any depos. I have had a 3rd degree felony caseload--it is irresponsible to barely set any depos, period. You are not adequately representing your clients if you do that. You should not be a PD if you are not adequately representing your clients. I have no problem with the administration in that regard.

In other news, how about Adam Tavss, the cop in Miami Beach who shot 2 people in a span of 2 weeks and then was caught running a growhouse getting 2 yrs CC f/b 2 yrs probation. Glad to see the state is able to waive that 3 year min man for some people, just not our clients.

Anonymous said...

Charles Johnson and Dawn Denaro, heaven help us. What happened there?

Anonymous said...

12:28, you are an idiot. A lot of 3rd degree felonies are not worth taking depositions on and when someone has 20 possession priors and the offer is CTS, why in hell would I take a deposition? Similarly is the case when the offer is a withhold, PTI or even a month or two in jail. If the client indicates that they want to get this case behind them and move on with their lives, then you honor that wish and close out the case, deposition or not.

Anonymous said...

2:09, can not yu lern how to rite english?

If you're so great why don't you apply? Oh maybe you did and didn't make the cut...LOSER!!!!

Anonymous said...

7:12
you are a moron. a hater. a sideline terd who can't get on the field. plus, who cares about a county court seat except a traffic hack?

Anonymous said...

Tuesday, October 19, 2010 8:01:00 PM- obviously you must think the obvious needs to explained to seasoned lawyers! No shit there are some 3rd degree felonies you don't take depos on, no one said only 3rd degrees on their post. Secondly, you should take some depos even if your guy has 20 priors its called effective assistance of counsel. Because if your guy has 20 prior its probably cause some jack hole of an attorney has consistently taken advantaged and just pled them out over and over hence the complaint of most pd clients,.. my pd told me I had to take the plea and I would get out today. What is gonna happen to that person when he gets caught in Broward or another county, they are gonna be sentenced as a career criminal and be gone for much longer! So you fill your pockets with quick cash, no investigation and plea your client to cts who cares right win or lose You go home every night anyway! No looking into weather the cops are lying, set your guy up, or had no reason to stop him. Sure just for go one of the biggest privileges we have in florida Depos. Heyyy smartty guess what when the offer is cts right away it means even the state knows the case is messed up, maybe a depo with get you a nolle pros, yeah that called lawyering not rubberstamping. Go work for the state!

Anonymous said...

It's really sad that so many people take such pleasure out of kicking others (ie. Seff and Adrien) when they are down. Seriously, some of you need to get a life. The crap you spew on the net is permanent. These people have families for God's sake. Grow the hell up.

BTDT

Anonymous said...

Charlie Johnson!!!!!!!!

Anonymous said...

I don't think rump was fired b the PDO. I think he once applied and was not hired.The bitterness comes through.

Anonymous said...

Rumpole
Just tOO Funny to ignore.
DS
http://www.aolnews.com/surge-desk-elections/article/christine-odonnell-first-amendment-question-floors-audience-video/19680390

O'Donnell's Constitution Question Floors Audience...
Coons returned the conversation to the question of the constitutionally mandated separation of church and state
The First Amendment establishes the separation, the fact that the federal government shall not establish any religion, and decisional law by the Supreme Court over many, many decades --"
O' Donnell then interrupted. "The First Amendment does?" she asked, skeptically.
Coons continued his explanation, and O'Donnell interrupted again. "So you're telling me that the separation of church and state is found in the First Amendment?"

Anonymous said...

Denaro would be a disgrace.

Anonymous said...

As you well know, the doctrine of "separation of church and state" is not found in the 1st Amendment. The 1st Amendment has two clauses: the establishment clause and the free exercise clause. The "separation of church and state" is a judicial gloss on the 1st Amendment.

Anonymous said...

10:52 BTDT: Well said.

Anonymous said...

Tuesday, October 19, 2010 10:23:00 PM. Are you having problems reading and comprehending what I wrote. I said that I leave it to the client. If they want to close their case, knowing full well the consequences and indicates to me that they want to take the plea, then so be it. Even if it is a stupid possession case, if the client wants to fight it, then we fight. All I am saying is that I leave it to the client. I don't rubber stamp anything and I don't push any plea on them. Most PD clients have been through the system so long and heard their rights read to them more times than most lawyers. They can choose what they want to do.

Anonymous said...

The PDs and SAOs should be happy they have jobs. All of you, quit your bitching and whining. Do your job the best you can and it'll all work out for you.
And if you don't like it, find somewhere else to work. (see how easy another job is to come by and how much better you'll like staying at a civil firm til 10 pm weekdays)

Anonymous said...

DS, Tou mean scary, Right?

Anonymous said...

Candidate for Florida attorney general is not much better. She ran away from Michael Putney on channel 10 news when he wanted to have an impromtu debate forum with Gelber.

She is very weak and does not deserve your vote.

Anonymous said...

If the PD's office wants to save some money maybe they should not print out multiple sets of the jail locations for the inmates and leave one on each floor. That is like lighting money on fire each day. All of that information is available online for FREE. Why would you spend $1,000's per year in wasted paper, ink, and time to print that textbook out each day? And if something so simple and wasteful like that goes on every day it begs the question how much more money is being wasted on other stupid things at the office??? It is clearly time for an outside consultant to come in and review ALL of the practices of the office and make recommendations for ways to make the office run more efficiently.

Anonymous said...

long time readers might remember sleepy b. rumpole, can you please repost that picture? He made carlos his air apparent. The blame rests with sleepy b...

Anonymous said...

rumpolio

why no mention about cronin's dismissal?

Anonymous said...

Guess my remarks about Marco Rubio were too much for you too handle Rumpy so you didn't post them! Like many people in Miami are you too afraid to speak out against the Cubans lest you get death threats and black balled?

Anonymous said...

9:56
The 1st admendment religous clause create the legal framework that seperates Church from State. If you are familar w/ the now 2000 year melding of Church, Relgion and the State in Western History and the aftershooks of the Reformation, which the FOUNDERS were well aware of, you would understand that the State has no business being tied w/ religion. That is what the 2 clause in the 1st admendment do.
D.S.

Anonymous said...

Some of us Cubans apologize for Rubio. Just saying.

Anonymous said...

D.S. - your view of history seems to be uninformed. You should check out “Separation of Church and State,” by Philip Hamburger in which he establishes in his classic book on the subject, is not in the language of the first amendment, was not favored by any influential framer at the time of the first amendment, and was not its purpose.

Anonymous said...

Finally - someone publicly mentioned the settlement of the sexual harrasment case @ the PD's office. Do tell -- was State funding used to compensate that victim?

Anonymous said...

5:56.........regardless, EVERY kid who attends American schools learns about the separation of church and state. It is MORE than frightening that a candidate for one of the highest offices in the country was unaware that it even existed and downright terrifying that she would challenge that notion. THOSE are the real points of this.

BTDT

Anonymous said...

Oh come on BDTD. You are just as guilty as the next person. You just like Flora and you add in Adrien to make yourself look magnanamous. Sue Ellen, please give us all a break. How many times have you made anonymous postings kicking those who are down. Stop acting so high and mighty.

Anonymous said...

I will galdly debate my understanding and historical perspective on the need and belief about the 1st Admendment and the Doctrine of Seperation of Church and State. But I look from a perspective of 2000 years of NOT being in the "STATE RELIGION". Plymouth Bay, Rhode Island, Conn. PA amd Maryland are colonies set up for limited Religios freedom. ( ONLY RI AND PA FOR ALL) . And they oppressed religios minoritys.
DS

Anonymous said...

About the settlement of the sexual harrasment lawsuit: As a current APD, I would also like to know what part of the budget that the legislature allocates to the representation of clients was used to make Melenik's indiscretion go away. Was Mr. Melenik's salary affected? I bet not. Just more evidence that shows that the 5th floor is disconnected and plays favorites. And yet the 5th floor salaries make up what percentage of the budget? And, who besides Guy Robinson, actively represents any clients up there?

See why morale is in the dumps? Carlos may personally be a nice guy, but he's letting some very not so nice things go on around him. Sends a bad message to those of use who show up to do our job and practice law everyday.

The no jeans, no flip-flops, micro-managing is bad enough, but coupled with blatant disregard of the hard workers in support of clowns like Melenik, boils into the perfect storm of malcontent.

Oh, and it's true, office is dead exactly at 5 o'clock now. No one works a minute extra, no weekend visits to jails, none of that. Why should I? When I stay in trial until 11 pm one night, and the next day want to come in a couple of hours late, and you reprimand me and make me use annual leave time instead of the comp time that as a Florida Exempt employee I'm entitled to? 5th floor is just clueless.

Anonymous said...

LOL re the "no jeans, no flip-flops, micro-managing" complaint at the PDO. Have you guys ever visited a major private firm? Maybe a major company? Or any professional business? Get real.

When I was a young prosecutor I hated any limitations placed on my authority. Now I look back and realize why they were necessary. At both offices, for the most part, you get the discretion you earn.

BTDT

Anonymous said...

3:43......actually, I try hard to avoid gratuitously bashing anyone or attacking them personally.

While I'm sure in a moment of anger I've also said things I shouldn't, the incessant and personal nastiness on this blog is out of control. Some people take every opportunity to nail judges or attorneys whom they dislike. And I find it despicable.

It's discouraging (to say the leasst) that you (and I'm sure others) think I'm being sanctimonious when I'm simply trying to promote professionalism and common courtesy. Is this really what our profession has become?

BTDT

Anonymous said...

Dear 5:51 a.m.:

I work on cases in a civil firm until midnight multiple nights in a row. I am expected (and will be disciplined) if I come in late the next morning. I am allowed only 1 hour for lunch. I am not allowed to wear jeans or flip-flops (and as a lawyer, why should I be??)and I am not allowed to take "a few hours off" because I worked late the night before. Oh, and I have been practicing for more than 13 years.

Yes, I make a lot more than you do. But give me the days of not having to bill every 6 minutes of my time, worrying about my billable hours, worrying about getting back from lunch 5 minutes late! Let me work at a job where I can talk with a co-worker for 10 minutes and not start sweating that I haven't billed a .2 to some poor jerk who is paying way to much for unnecessary bullshit.

God - you are pathetic. To quote Jack Nicholson "I DON'T GIVE A DAMN WHAT YOU THINK YOU ARE ENTITLED TO!!!!"

I wish I were THE PD for just 1 week (no more). I would line up 90% of you (including some of the senior attorneys) and fire your asses. I would then hire deserving people who appreciate what they have.

In a perfect world!!!!!!

Anonymous said...

The p.d.’s office has turned into a bad remake of the Poseidon Adventure with silent charlie as the Shelly Winters character, while the second in command (Shi Tzu face), prattles about irrelevancies just to give charlie the impression that he’s getting stuff done. Senor Silencio will soon learn that his upside down ship of discontented lawyers and staff will stare at his empty campaign coffers in the next 18 months or so and then decide whether to back the other (inevitable) candidate, or to just look for other employment. Silencio better have a lot of over-stuffed piggy banks lying around, because the only people in the office who will give him a dime are the administrative lawyers who feel that they don’t have a choice. Everyone else will be happy to stiff him. As it is, the felony lawyers can’t get off the sinking barge fast enough.

How many lawyers and secretaries will go along with the re-election charade by pretending that they actually support the little emperor? Not many, which is why 2012 will surely be a momentous year... the Mayan calendar ends along with Monsieur Silencio’s attempt to impersonate a public defender. If Rick Scott gets elected, you can bet that the p.d.’s office will be canabalized by the privatizers and Silencio will be replaced by a Republican hack who wears a flag lapel pin and smells of Hai Karate aftershave. Bottom line, the office will essentially be dead thanks to the hard work of Silencio, his loyal mut and the sage advice of their salaried consultant in Colorado.