UPDATE: The JAA Broward Blog reports that controversial Judge Cheryl Aleman has passed away after a bout with lung cancer. Their blog has all the details.
When the sun rose this morning at 6:51 am we were already back in our abode having completed a leisurely bike ride. It was a very pleasant 52 degrees and the weather will be in the 50's in the mornings for at least the next week.
OUR NEW FEDERAL JUDGE?
As reported on several other blog sites, former REGJB Judges Bagley and Scola have had their name sent on to Florida Senators (Bill Nelson and Senator elect Marco Rubio) for recommendation to the President to replace Judge Huck. Both Judges got their start as prosecutors in the REGJB under Janet Reno, which is just further proof that Ms. Reno had a great eye for talent and integrity. Magistrate Judge O'Sullivan, who cut his teeth in the US Attorneys Office was also on the list, and for a former fed, he's not a bad guy. No Miami Federal Magistrate has ever been elevated to US District Judge, although several have made the final cut. Bagley and Scola made the final cut last time when Federal Public Defender Kathy Williams was nominated.
JUDGES WHO APPLY TO BE PROSECUTORS:
A commentator yesterday pondered the propriety of sitting Judges applying to be a prosecutor- United States Attorney, or currently Statewide Prosecutor. Is that an appearance of impropriety? Would a siting judge in criminal court who made the final cut be less likely to grant a motion to suppress or a JOA, especially in a serious or high profile case?
NEIL RODGERS:
For those of you who have been in Miami before there were Starbucks, you remember long time radio host Neil Rodgers. Neil, according to the Herald, is back in Miami for open heart surgery this Friday and we wish him well.
See You In Court.
19 comments:
First?
There's a new sheriff in town and I aim to clean this blog up.
Sad to hear the news about Neil Rogers. Listened to him on the radio for decades - he was one of the only voies of reason in South Florida. Read last night that his lawyer Norm Kent has been appointed guardian. Leads me to believe that he must be in very poor health after suffering a heart attack and stroke. He's having open heart surgery tomorrow - wish him all the best and send many thanks for years of great entertainment.
How could Michael Hanzman not come out of the JNC committee? He was the best qualified, although Judge Scola and Judge Bagley are terrific judges. Michael would have made a brilliant federal judge, but there are obviously jealous folks on the JNC that thought he had enough success already. I believe that his friends on the committee let him down and were telling him one thing and doing another thing. You members on the JNC know who you are and you should be ashamed of yourself. Even his best friends on the JNC had a lack of integrity toward their "friend" and did not support him. Unfortunately, that is sad for our court system.
Very sad news. Broward County Circuit Court Judge Cheryl Aleman died in hospice today. Through all that occurred she suffered quietly and with dignity through termnal lung cancer and very few knew. Even though she was controversial, no doubt, she tried to serve the public the best way she knew how.
Rest in Peace Judge Aleman
Re: Hanzman
The problem with him is that he can't make up his mind about what he wanted to do and the JNC felt that he might have changed his mind yet again about wanting to be a judge. Scola is the best option here. Bagley would not be good at all. Far too right wing.
Strange development mentioned on the FACDL list-serve - CJA appointments to be made only to lawyers who speak the same language as the defendant. Is this to save $$ for interpreters? If so it is unfair not only to those who make a living as court interpreters,but also to lawyers who are not fluent in other languages. Yeah, I know, everybody SHOULD speak other languages but that's not always the case. It seems very unfair based upon the number of Spanish-speaking clients in the Southern District of Florida. Oh yeah, and the courts are still conducted in English, aren't they? Imagine it's your duty week, and you're not fluent in Spanish, so you will not be eligible to receive appointments for any of the Spanish-speaking clients? You gotta love South Florida !
who the fuck is Michael Hanzman anyway? Should I have heard of him?
Neil........God
Aleman "controversial?" Boy is that an understatement.
If she was that sick and she had a 3rd degree felony pending before her when that sick, she would have make that sick person go to jail and die in jail.
I feel bad that she died but, boy was she mean.
THE CAPTAIN REPORTS:
The Miami Herald - Letter to Editor
It appears that the recent appointment of Judge Emas to the 3rd DCA has stirred some emtions in the legal community.
Some doofus ;) by the name of Rothman wrote in to the Herald, and to their credit, the newspaper printed the letter from DR.
I did not read the Herald article that apprently highlighted Emas being passed over twice for the Supreme Court as part of the article that announced his appointment.
Rothman took exception to the Herald's slant and told them so. His letter ended with the following:
"The Miami Herald remains the most important newspaper in South Florida, but its failure to properly report important events and stories will, sooner rather tham later, make the paper utterly irrelevant."
On a lighter note, the photo of Emas that appears next to the Rothman letter reminds me of my favorite line in Seinfeld, in the episode where Kramer smokes a ton of cigarettes and he then wants to sue the tobacco company. He goes to see his lawyer who states, "Your face is my case".
Certainly, the black and white photo of Emas does not do him justice. He is quite the dapper gent and he will certainly enhance the looks of the bench down at FIU, along with his knowledge of the law.
Cap Out ....
Truth be told, many of could care less about Emas.
"The Miami Herald remains the most important newspaper in South Florida." Yeah right. And there is a VCR repairman down the street from me who is the most important in his field in South Florida. Soon, the number of VCR users will equal the number of people who put a Herald in their hands every morning: 0.
The Captain Reports:
Leyritz sentenced ....
After the jury spoke and found Leyritz Guilty of only DUI, Judge Gold today chose to sentence him to one year of Probation and a $500 fine along with all of the other standard firsts.
ASA Stefanie Newman had asked for 4 months in jail.
Cap Out .....
State of Florida versus Grady Nelson. Verdict.
Congrats to Terence Lenamon and David Markus on the outstanding death penalty guilt and penalty phase jury trials. The jury came back with a life verdict after less than two hours of deliberations (I'm guessing).
Mr. Lenamon's arguments and the caliber of experts presented swayed the jury. Very impressive QEEG evidence presented.
The state represented by Abbe Rifkin, Hillah Mendez and Joel Rosenblatt were also outstanding in spite of the week they had to prepare for trial.
Judge Jacqueline Hogan-Scola is extremely bright and a pleasure to work with. I hope I have the opportunity again to work with her.
Great experience!!!!
I have mixed feelings about the Leyritz sentence.
On one hand, I commend Judge Gold for not caving to public pressure or pressure from the deceased's family by sentencing Leyritz to maximum jail time.
On the other hand, he probably should have gotten some jail time.
1. When a simply idiot goes to trial on a DUI and gets convicted, he gets at least a weekend in jail so, why no jail for the baseball player?
2. Aleman had absolutely not a fucking bit of compassion.
3. Typical David Rothman. He forgot to say he was law partners with Emas. David has a habit of being full of shit.
How about sitting judges asking law firms for a job and then quitting?
What's the fucking difference?
10:10 pm, the reason first-time DUI defendants get jail time is because they exercise their right to go to trial and force the judges to work in the afternoons. In this case, either judge Gold (to his credit) doesn't have such trial=jail policy, or, because the defendant was going to trial anyway on the felony he was acquitted of, he chose not to impose a trial tax on the misdemeanor.
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