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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, November 30, 2010

THE HEAT IS ON (the downslide)

UPDATE: This just in: Hurricane season is over! A quiet season that spared South Florida is just another reason we are thankful this holiday season.

Best of Luck to Miami Candidates Judge Andrew Hague and Attorney Jeffrey Swartz as they interview for the job of Statewide Prosecutor. 5 lawyers applied.

And lets send a little luck to the 99's- those are the people who have been looking for jobs for the last 99 weeks whose unemployment benefits are set to run out today. The Herald reports here.
And if you're a Republican make sure you proudly trumpet your desire to deny 2 million of our felllow citizens continued benefits while you furiously work to make sure to add 700 Billion dollars to the deficit by permanently extending the Bush era tax cuts to everyone making over $250,000.00 a year. Trust us, we know how hard it is to afford that NetJet card on income less than a million. The tax cuts will surely help keep us out of the airport security line.

The Feds interviewed the candidates to fill Judge Huck's seat on Tuesday. Speed is an asset that is a must for the job.

The poor Heat continue to stumble along just barely above the .500 mark, and now rumors are circulating that the coach is in hot water, especially since the NY Times is reporting he and James got physical with each other in the last game. Rumpole says there is no W(ade) in TEAM, nor is there a J(ames) and it is time to pull the plug on this fiasco, trade away the aging, over paid stars, and start anew with a TEAM of committed and hungry players.

Need something done in Judge Ward's division? Stop by and see one of your favourite retired Judges who will be manning the gavel until the New Year when Newly minted circuit judge Beth Bloom blossoms in the division.

FUN WITH 924(C)
Carry a gun during a crime, and in Federal Court it's an additional 60 months consecutive. However, courtesy of the SCOTUS Blog, there's this "kinda-sorta" exception announced in Abbott v. US.

A federal sentencing enhancement provision requires an additional five year sentence for anyone convicted of possessing a gun during a crime of violence or drug trafficking, "except" to the extent a greater mandatory minimum sentence is required by "any other provision of law." The Court held that this exception applies only to statutes covering the same kind of conduct as the enhancement provision and not to cases in which the defendant is also convicted of a different kind of crime that has its own minimum sentence of more than five years.

THOUGHT:
Law as a business will survive this recession. Law as a profession probably won’t, not at the prices these law schools are charging.
Brian Tannebaum, the man, the myth, the legend, getting a hat tip for his "my law license" blog at ATL.

21 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A CIRCUIT COURT JUDGE .....

The JNC has conducted their interviews and chosen to send 6 names to the Governor's office. This appointment is to replace Judge Friedman.

The six finalists are:

Judge Victoria Brennan
Judge Rosa Figarola
Judge Darrin Gayles
Judge Lisa Walsh
Judge Deborah White-Labora
Alan Sackrin

Those interviewed that did not make the final cut include:

Manuel Casabielle
Miguel M. de la O
Joel DeFabio
Dawn V. Denaro
Alan J. Greenstein
Rodney Smith
Yolly Roberson

If Governor Crist wants to make the appointment, he has one month to "get r don." Otherwise, if this sits on the Governor's desk into January, then Gov. Elect Scott will make the appointment.

If anyone except for Sackrin is chosen, then that will open up another appointment in the County Court.

Also, with the appointment of Judge Emas to the 3rd DCA, the JNC will be announcing that opening on the Circuit Court and will go through the process once again. The JNC is one busy bunch.

In other news, the State of Florida is looking for a new Statewide Prosecutor. Five have applied for the job and they are:

Nicholas Bernard Cox, 47, Tampa, Reg. Dir., Dept. of Children & Families

Haccord J. Curry, Jr., 51, Fort Lauderdale, Asst. Gen. Counsel, Florida Dept. Juvenile Justice

Andrew S. Hague, 54, Miami, County Court Judge

Jeffrey D. Swartz, 61, Coral Gables, Miller Kagan Rodriguez & Silver, PL

Joseph D. Zager, 39, Fort Lauderdale, Asst. State Attorney

They will be interviewed by the Supreme Court JNC on December 9th.

Cap Out .....

Anonymous said...

Captain: is there no residential requirements for judges? Why does Alan Sakrin get to apply for Ft. Lauderdale and Miami??? They should sent Dawn.

Anonymous said...

i always new hague was a prosecutor on the bench. )

Anonymous said...

Hopefully Judge Figarola or White-Labora gets it. They both have all the qualities that make up an excellent circuit court judge!

Anonymous said...

Judge Jeff Swartz is 61? He never looks it. All those years as a partner to Jeff Feiler kept him youthful. He would be a great Statewide Prosecutor. Working with Pam Bondi and our new Governor ... Florida is bound to be on the upswing and an inspiration to the other states!

Anonymous said...

This was posted on the listserv today. I have redacted the guy's address and phone number but I am wondering.... what does the quote he has at the bottom even mean??? and is it as racist as it sounds???

Will anyone be in CHC at 9 who can file a noa for me?

Peter A. Butlien, Esq.

Sent from my iPhone
"Lord loves a workin' man; don't trust whitey; see a doctor and get rid of it."- Navin R. Johnson

CAPTAIN said...

to 4:14

There is a residency requirement. And, as long as you reside in the County/Circuit on the day you take office, that is the only requirement. So, Mr. Sackrin, who resides in Miami Dade County, can interviews with the JNC in Broward, and if he gets the appointment, he must establish residency before the day he takes office.

to 4:48 pm

Thank you momma Swartz

to 4:57

Nobody on this JB blog gives a flying -uck what is on the list serve. So, why don't you post your question there (where you cannot post anonymously) as I understand it, if you really want to know.

Cap Out ....

old guy said...

To 4:48

Jeff is an imbecile. Fortunately, even the Republicans know that + he has a 0% chance of being selected.

It would give me great solace if he were -- my clients would all be happy, as he was an awful prosecutor once before.

eyeonblecher said...

"I am too School for Cool"
overheard the great Blecher saying this to a baby prosecutor in court the other day.

Anonymous said...

brennan is the most conservative of the lot. way to the right. my vote would go to walsh

Anonymous said...

Thanks for the info. Alan Sackrin is the best choice for this position as he is more than qualified for the post. Regarding residency, Al Sackrin has his business in Broward County and lives in Miami-Dade. As far as i am concerned he should be on the Court of Appeals(but I digress)! Good Luck Al Sackrin!

Anonymous said...

I understand the following names have been sent to the Florida Senators as replacements for Judge Huck:

Judge Jerald Bagley
Judge John O'Sullivan
Judge Robert Scola

Anonymous said...

Captain, what happened to Yolly Roberson? Why Alan Sackrin over Denaro, Defabio or De La O? Oh my!
When does Rodney Smith finally give up?

Anonymous said...

Crist will finally be able to do what he wants... It's in the bag for Gayles.

Anonymous said...

Swartz will not have prayer once he opens his mouth....

Anonymous said...

Any comments on sitting judges who apply for prosecutorial positions like Judge Hague and Judge Trawick for the U.S. Attorney's office?

Anonymous said...

the quote is from "the jerk" starring steve
martin. He's "born a poor black man" and those were the lessons his family taught him. Its a comedy.

Anonymous said...

Rumpy, I love the Heat and believe they will make it all the way to the finals but I have a question: why does Spoelstra clap everytIme someone messes up? Please answer. You never answer my questions! Someone, anyone?

Anonymous said...

First Judge Emas, and now possibly Judge Scola? Excellent judges and excellent choices!!!!!!

Anonymous said...

Judge Brennan is an arrogant, self-important, unpleasant, insecure embarrassment to the bench. She has seriously violated the Peter Principle in getting to the County Court. The fact that her biased, petty, and vindictive sentences will now be able to exceed 364 days is terrifying. What she does not know about the law, human nature, and wisdom could fill a crater.

Anonymous said...

Tannebaum might be right, but what we need is more public law schools and less law school applicants. It seems like the latter would be accomplished if 1., the economy gets back on track and 2., there is a realization that law schools is not a ticket to a 6 figure job. The former would force private schools to close and also lower their tuition rates. At least this is my hope. The rate of tuition for law school is ridiculous. I think that state and federal governments should agree to buy out 50% of a person's debt, no matter how much it is, if they work in the public sector for 5 years. 100% for 10. At least that way we are dealing with the true believers.