Monday, October 25, 2010


You wanted more Browierd, you got it. We can't do it justice here. Lets just say no one would hang the moniker "silent" on Broward's outspoken PD. He is standing up for his lawyers and their clients against the bullying if not bizarre conduct of Judge Seidman, who last time we checked, still lost the election and must vacate his chambers by midnight 12/31/2010.

In summary, PD Finklestein asked Chief Judge Tobin to check out his complaints, including an incident where Judge Seidman incarcerated a defendant for leaving the courtroom to use the restroom. You will recall that in past some juveniles, denied the right to use the restroom, voided (fancy way to say pee) in the courtroom. And isn't that really the problem up there in a nutshell: use the bathroom and you go to jail...once in jail, you can't use the bathroom.

Anyway, Finkelstein told Tobin there was a problem. Tobin buried his head in the Sun Sentinel, and Finkelstein called him out on it. Meanwhile in the Dade PD office, Carlos silently checks the number of depos his B level PDs took last week.

Who was that frenetic lawyer prowling the hallways of the second floor of the Courthouse? Why none other than everyone's favourite federal blogger David O Markus with a K. There was some momentary confusion when David asked about having motions referred to a magistrate, but then he realized he was in the REGIB (Motto: "where judges haven't been reading motions since 1959") and all was forgiven. His visit must have made a big impression on him, because he blogged about it. Say what you want about our building, but at least we can get a cup of coffee after court, which is more than you can say about Fred's house of no caffeine.

We forgot to mention that some nefarious organization called the League Of Prosecutors gave Judge Stan Blake an award last Friday at the Brickell Bankers Mortgage Fraud Club. Now there's a shock- Judge Blake getting an award. Whadd he get? The "most improved demeanor award?" If ever there was a reason to bring back the House UnAmerican Activities Committee, the League of Prosecutors is it. Speaking of Mr. Markus and Federal Court, talk about your CCE (that's continuing criminal enterprise for you state court denizens.)

Speaking of crimes...we wuz robbed. Did you see the ending to the Fins game?

For being in a place we love, we sure are in a bad mood. Maybe it's because we have to come back.


Anonymous said...

funny thing Rump, morale in the Broward PD is way worse than that in the Dade PD, despite Fink's "standing up for his lawyers". I have several friends who have worked there in the past and they all left after a year or two. Broward judges on a whole are just way worse in their temperament and judicial rulings than those we have in Miami. Be thankful for one things, there is no better place to be a criminal defense lawyer in Florida than the Magic City.

Anonymous said...

Finally! Someone with the guts to talk about Mr. WOnderful. Always glomming the media cases and preening for the TV. Trust me, he was no bag o donuts for many of us that wear the robes.

Rumpole said...

Well of course morale is low. You'd be miserable too if you worked in a lunatic asylum. Look at the judges those poor pds have to contend with. Have you ever appeared before Backman? Ross. Tobin? Talk about your house of horrors for halloween.

Rumpole said...

My word! The Cowpokes have done everything necessary to win this game- two ints, a special teams td, and they still trail by one at the half. Worst coach in the league. When will I learn?

David Oscar Markus said...

There's a great restaurant in the new federal courthouse. You should check it out.

Anonymous said...

I do Broweird and Dade and there is a noticible difference.

1.PD's don't seem to matter and are treated like they don't exist. They never seem to win and most really hate working for Help me Howard. He is crazy.
2. Judges have an attitude and many are openly rude. (some are great tho)
3. Prosecutors do not return our calls, have no respect for us and generally could care less if the guy is innocent. They go forward on everything and appeal even when there is absolutely no hope of winning.
4.Clerks are a joke. Their files are confusing and they put all kinds of
papers into the file that mean nothing. Clerks love to tell us what to do and refuse to accept papers when they decide they don't want them. They also hold papers for days and then date stamp them.
5. The BSO drug court people try everything possible to mess with your client.
6. Misd probation is down right mean. They absolutely will do everything possible to violate your client even when he has not done anything wrong. They simply will not call you back.
7. The JQC is on a rampage to get Broward to grow up. The chief judge could care less about Broweird having a honest, decent, polite and qualified bench.

1. Judges gernally work with us and treat us with respect. They give better deals when needed.
2. Prosecutors and defense lawyers frequently get along and return each other's calls.
3. If innocent, the State will drop charges. When they know they cannot prove it, they move on and either give you a good deal or nolle pross (Satz has banned the use of that word even when he is 100% sure of innocence)
4. The clerks help us get the job done.
5. The JA's never seem to answer the damn phone. Honestly, do JA's ever answer the phone?
6. Even the screeners at the door are nicer here.
7. Even the JQC is not out to get our judges.

I vote for Dade.

Anonymous said...

why is everybody picking on BLAKE?

Anonymous said...

League of Prosecutors is almost completely ex-prosecutors. And most are current criminal defense attorneys.

CAPTAIN said...

The Captain Reports:

From the DBR - 3rd DCA opinion...

A state appeals court ordered a new trial Wednesday before a new judge for a juvenile charged with cocaine possession, faulting overly probing questions by Miami-Dade Circuit Judge William Johnson.

The public defender’s office rested after questioning the defendant, identified in court papers only as R.O., without touching on the drug possession issue. Johnson took over from there, and the 3rd District Court of Appeal quoted from the transcript.

Judge: "She asked you about everything else. Did you have cocaine on you?"

Defense: "Your honor, I didn’t ask that."

Judge: "I am asking that though since he is on the stand."

Witness: "No, I did not have it on me."

Judge: "Did you have any cocaine on you?"

Witness: "No, I had thrown that out already."

Writing for a unanimous three-judge panel, Judge David Gersten said: "The trial court cannot be considered a neutral arbiter. Rather, the trial court became an advocate for the prosecution, thus depriving R.O. of his right to a fair and impartial trial."

Cap Out .....

Anonymous said...

The most disturbing thing about the Dolphin game is that there now appears to be overwhelming evidence that Sparano, Henning and Henne don't have one set of cojones between them. I point to the final two drives and dare anyone to analyze and suggest otherwise.

Anonymous said...

Boy can that R.O. case be used against DHSMV hearing officers.

They go out of their way to sustain a suspension.

Anonymous said...


knowing Judge Johnson he would have still found the kid not guilty. He knows better.

Anonymous said...

funny post

Anonymous said...

Rumpole, Did you order the code red?! Did You???

Anonymous said...

These people never let up. Horace if I was in private practice could I deduct this?

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Anonymous said...

Interesting tidbits?

Sen. Richard Burr of South Carolina is the son of the Rev. David Horace Burr, who claims he is a 12th cousin of Aaron Burr, the former vice president who killed Founding Father Alexander Hamilton in an 1804 duel.

Christine O'Donnell, Delaware's Republican and tea party candidate for the Senate, is the daughter of Daniel O'Donnell, a TV actor who once played Bozo the Clown.

Anonymous said...

Markus is right... the food is delicious and the view is spectacular, and the prices are decent. HUGE KUDOS to the Constitution Cafe in the new Wilkie D. Ferguson Federal Courthouse.