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

Wednesday, February 16, 2011

MOVE ON

NORTH OF THE BORDER UPDATE: Courtesy of the JAA Broward Blog, your new Chief Judge Head Honcho for Browierd is none other than an old Brooklyn Boy -
Peter Weinstein!!! We had the pleasure of trying a case before Judge Weinstein a while ago, and a nicer and fairer judge you will not meet. He is well aware of the well earned reputation of his bench, and we have faith he will do something about it.

BUJU UPATE: DOM has the jury out in Tampa and they start deliberations today after closings yesterday. David cares about all his clients but something tells us he has really bonded with Buju. We wish him well and will be monitoring deliberations with our Tampa blog stringer.

JUDGE EMAS: INVESTITURE TODAY AT 3RD DCA. We always love a "REGJB Boy makes good" story. Brings a tear to our eye.



Time to move on. The only posts that have stayed up longer have been those remembering when someone we knew died. And thank goodness no one has died.

Nice to see the late Rob Pinero is up for an FACDL award. Kudos to whomever nominated him. Where do we vote?

The FACDL listserv was abuzz with a Rule 29 (JOA for us State court practitioners) that David Joffe obtained for his client facing a minimum life sentence (double 851 enhancement) in a big drug case. Biggest surprise seemed to be that none other than Judge Michael Moore issued the blistering rebuke to the government's case. Well done Mr. Joffe.

What's the deal with Twitter? We know it brought down a 35 year repressive regime in Egypt, but is it worth us spending our time on? Like most electronic communication inventions we just figured it was a new way to deliver porn or cheat on your spouse, but apparently we were mistaken.

You should check out DOM's blog this week.
As DOM fights for BuJu in Tampa, Jeff Marcus is doing a bang up job with the posts. He was fast out of the gate with like 11 new posts a day, but we reminded him the race goes to the slow and steady and he has toned it down a bit. But it's enjoyable reading.
No word out of Tampa yet, but we will keep an ear posted for a tidbit.
Those re-trials in Federal Court are real headaches.

That's it for now and we leave you with this thought: We are a nation in love with second chances. Let he who has not royally screwed up the first day on the job cast the first stone. There is no reason not to expect that with his honesty, integrity, dedication and intelligence, that Judge Hirsch will not end up being an outstanding jurist. (wow, that sentence is a triple negative but we think it works, right?)

See You In Court.




24 comments:

Anonymous said...

Rump,
Judge Pinero will be missed by many.. on all sides of the table.. so kudos for continuing to hold his name in high regards. In the grand scheme of things, Judge Pinero was a great judge.
Regarding Milt's memo (vs. moving on), as a criminal attorney, I can see where he is coming from.. People have gotten lazy on both sides of the table. Milt wrote a great trail practice treatise and he pretty much knows what he's doing. Regardless of our high caseloads, can't we all just follow the rules instead of filing motions in limine to do so? Nevertheless, a better practice would be to require a 24 hour reset for any new information, cases or motions that come up unless the issue is so simple and clear as to require no reset. That way, there is a quasi penalty built in for the unprepared attorney in that an additional appearance would be required as a sanction.
Lastly, 200 cases? Really? That’s what you all are bitching about? Try 350+ from the SAO’s side for many an ASA who work 7 – 7pm and come in on the weekends as well.. I think we all thought it a bit interesting that the necessary work could not possibly be done with over 75 cases.. haven’t seen one of those motions filed in a while..
Sincerely,
Anon

PS. Who’s going to be the new circuit judge?

Anonymous said...

I wonder why Catalano plead the DUI manslaughter case out with no deal and without pleading out one count of battery on a firefighter?

I wonder if Rosa Rodriquez will give him any time off for cooperation and not forcing the family to go through a trial?

Rumpole said...

1040pm- I used the figure of 200 cases and a PD as purely made up under the belief that defense attorneys in general file more motions than prosecutors but of course you need to respond to them. No offense to ASAs who obviously have the highest caseloads in the building and are very hard working and do this county and state proud.

Anonymous said...

Milt Hirsch honest? From what I have read about him, he is not honest nor does he have integrity.

Anonymous said...

I haven't encountered a judge who reads a motion in years.

Anonymous said...

Poor Milton! ... a very good man and nice person. Always been a great lawyer and the Judges knew that they could rely upon his representations as to law and constitutional issues. I will bet that he can't wait now to just get over to the U.S. District Court when Judge Gold goes senior. He obviously doesn't need to deal with these incompetent lawyers who don't want to act professional. Kudos Milton. Raise the Bar and the respect of the Circuit Court. Don't let it bring you down. Judge/Justice Labarga faced the same jealousy...

Anonymous said...

The memo is ridiculous. We all know that the vast majority of motions are never heard and, of the ones that are, the legal issues and law are well known to the attorneys (and, therefore, unnecessary to brief). Milt should've limited the memo to complex matters that require more sophisticated analysis.

Regardless, I continue to support him. I hope that he'll learn from the criticism levied here, chill out, and be the judge those of us who support him hope he'll be.

BTDT

PS-----the Casey stuff concerns me, but I think it's irresponsible for any of us to reach opinions based upon the accusations of a criminal and absconder. That said, I should would like to hear the tape.

Anonymous said...

In less covered, but incredibly important news from the Miami Beach Co-Ed Softball League.....

Hammer of Zion Beats PDs with Walk-Off Homerun

In the hotly contested first matchup of the season, the Hammer took it to the PDs in expert fashion. Down 3 in the sixth, the team that features many current and former ASAs carefully loaded the bases with no one out to set up the first "over the fence" homerun of the season. The game winning shot was a kick to the stomach of the loud cheering PDs and their whiney late-coming fans. Now undefeated, the Hammer looks for a rematch in the early playoff rounds at -5, over/under at 23.

Anonymous said...

To: All Circuit Judges, County Judges, General Magistrates and Hearing Officers

From: Mr. Chief Justice-Designate and Chief Judge Milton Hirsch

Effective immediately, all motions that you receive are to be forwarded to my chambers. I will determine if a hearing is required, and, if one is needed, I will determine who will conduct such hearing. I will also issue appropriate guidance (i.e., I will tell you how to rule) for rulings on motions not requiring a hearing.

/s/ Mr. Chief Justice-Designate and Chief Judge Milton Hirsch

Anonymous said...

Rosa Rodriguez is a political animal, she is going to launch the DUI dude, 45 years...then probation. watch and see!

Anonymous said...

Did anyone ever see Ellen Sue Venzer actually read anything before she ruled?

Anonymous said...

"a nicer and fairer judge you will not meet." True, perhaps, but he won't prepare for a hearing and won't read what you send in advance, which is a problem in Broward. Laziness.

Anonymous said...

Milton, you are no Jack Kennedy.

Anonymous said...

I can not believe that all of you are so surprized about Milt's memo. Jeez, we all know he is a surly, pompous and intolerant windbag, who has no room for, what he believes is, everyone else's lesser intellect.

It takes most judges 3 months to cement their reputation. It took Milt 3 days.

As I said in comment to the original post - What did you expect? Uh duh!

the TRIalmaster said...

the TRIALMASTER has been in front of Judge Weinstein, and had matters with him when he was in private practice as a plaintiffs lawyer. He is fair trys to do the right thing,is very patient and is a vast improvement over the idiot Ross. That being said, I feel sorry for him having to deal with the other judges in broweird, who are for the most part imcompetent.

Anonymous said...

Some lawyer once said that all you need to write for an effective motion can fit in a post-it note. Maybe Super Supreme Chief Justice Hirsch should take note of that.

Anonymous said...

OK, if you give a 45 year old guy 45 years, does that mean he gets out in future so he can do probation???????

Anonymous said...

Casey a criminal? You don’t know the facts of the case. I am a supporter of Casey and have been following this case very closely. I have read every document on the website. There is evidence Casey could not have been the driver of the car (DNA evidence that Hirsch neglected to tell Casey about). Why would Casey send a fax to Hirsch months before he fled telling him that he appreciates his candor but is not going to take his advice and flee? Why would it have been necessary to have someone tape record Hirsch and Rappaport if this didn’t happen? Why would an attorney who knows what is on the tapes send a letter to Katherine Fernandez Rundle telling her Hirsch committed perjury on the stand? I believe Casey. There are thousands of innocent men in prison. Yes, men who took a plea but are innocent. Don’t be one sided. Hirsch is the criminal here and is getting away with it.

Anonymous said...

Not a great fan of Kevin Emas. Smart guy but, sometimes is a rather big jerk.

CAPTAIN said...

The Captain Reports:

Emas Investiture ......

The first three loaded the bases. Thornton. Rothman. And Moreno, were all spectacular. Then, of course, Emas knocked it out of the ball park. Funny, witty, compassionate, respectful, and honorable all rolled into one great speech.

Truly a memorable and amazing event for those that were present. Great to see the circle completed with Goderich swearing Emas in.

Cap Out ....

Hugh said...

Miguel Cabrera arrested for DUI. Car parked on the side of the road, engine smoking (inoperable?). Cabrera states 'where is the person I was with?" (somebody else driving) and in true Rick Sanchez style, takes a drinking after being stopped to negate the breath test. Brilliant! Miguel has built in multiple defenses to this 'situation.' Corpus Delecti, Inoperability, some one else driving (JOA, circumstantial evidence - you can't pyramid inferences re driving), and of course the breath/blood test are tainted because the cops don't know how long Miguel was on the side of the road, and when he started drinking. Of course he started drinking AFTER the car broke down. I smell a big fee for someone and an apology by law enforcement. Congratulations to the winner, whoever gets him!

Anonymous said...

The Captain is right. The Emas investiture was excellent. I've been to quite a few of these things and this one was the best. All the speakers did a great job and the newest member of the 3rd DCA (sorry Milt) had the crowd roaring. Good luck judge, we'll miss you.

South Florida Lawyers said...

Echoing Captain's comments, the investiture was one for the ages, and gives a lawyer hope in our judiciary and justice system.

David J. Joffe said...

Thank you for the mention it's much appreciated.