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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, April 05, 2011

JUDGE VICTORIA BRENNAN

Your new Circuit Court judge is (former) County Court Judge Victoria Brennan.

Congratulations to Judge Brennan. Now get to work. (unless you're furloughed. See below.)

Governor Scott (who, if you have been following us on Twitter, has recently been getting booed at his appearances around the State) has one more Circuit Court appointment to make.


COURTHOUSES TO BE SHUTTERED?

From the JAA Blog- a note on the impending shut down of courthouses and furloughs:

Today's judicial pow wow was in response to the brewing constitutional crisis currently playing out in Tallahassee. The legislature has denied a request to extend an emergency loan to the judicial branch, which means the judiciary, already in the red, may be facing furloughs. No one is sure whether or not constitutional officers can be furloughed, but court interpreters, judicial assistants, court reporters and other state employees who make the wheels of justice turn certainly can. The good news is we're hearing there's a general consensus amongst judges statewide to sit it out with their lesser paid colleagues if furloughs do happen, in a showing of solidarity. By one estimate there will only be four furlough days next month if the judges join them, or eleven days per employee if the judges turn their backs and report to work in non-functioning courthouses. The shutdown is anticipated as early as next week if the funds aren't released, and the number of expected furlough days is likely to skyrocket the longer funds are withheld (possibly impacting eligibility for health benefits).

Stay tuned ...

Rumpole explains: It's very simple to figure out whether or not a furlough will affect you.

Situation one: You have been denied your motion for a last continuance. The trial is set for Monday. You forgot to depose one witness and need to file two motions to suppress. You are praying the furlough strikes the courthouse and you get a reprieve. Outcome: The Legislature will figure this out and the courts will remain open.

Situation two: You have an absolute winner of a case and are holding, pursuant to a retainer agreement, $15,000.00 in your trust account which you can release to yourself for fees the day a jury is impaneled. Outcome: The crisis will not be solved, courts will be closed, your case will be administratively continued until the end of September, 2011.

See how that works?

See You In Court, unless we're furloughed.

21 comments:

Anonymous said...

...actually two more Circuit appointments for the Governor to fill - Judge Rob Piniero and Judge Skip Gross - he has till next Monday to fill Judge Piniero's vacancy. Congratulations to Judge Brennan. It would be great to see Judge Lisa Walsh and Mike Hanzman get the next two spots. They are both intelligent, well liked by all and would be respectful to the lawyers and litigants before them.

Anonymous said...

does this mean I am not going to get my JAC check any time soon?

Anonymous said...

DEAD WRONG on situation two. That's September, 2012!

Anonymous said...

The Gov. has funded the court.

I hope he's enjoying his power trip.

tina said...

Governor Voldemort has approved the SCS request for emergency allocation through the end of May. No furloughs.

My Two Sons said...

Very sad to hear that Maria's (Maria's Greek American Restaurant)husband, Kosta Albanis, has passed away. Our hearts go out to the family. Many fond memories...

Mikal said...

http://www.sun-sentinel.com/news/broward/fl-court-crisis-20110405,0,975074.story

Anonymous said...

CANADY AND SCOTT REACH AGREEMENT-- Florida Supreme Court, press statement, http://www.floridasupremecourt.org, April 6, 2011.
This morning [April 6], Chief Justice Charles T. Canady and Gov. Rick Scott's Office have reached an agreement to provide the state judicial branch with a loan that will fill a budget shortfall that otherwise would have required furloughs and curtailing certain court services statewide through the end of May. The remaining shortfall for June will be covered through a supplemental appropriation that was not part of the Chief Justice's request to the Governor. The state courts will begin operating under a new budget on July 1. Final details and the exact amount of the loan will be released as they become available.

Anonymous said...

Judge Brennan will deny all bonds if violence is involved.

The damn Domestic Divas (that includes Leban) never,never, nver let people get back together once the police get involved.

You watch.

Anonymous said...

Brennan will be very difficult. But she will be true to her convictions. Not a good draw for a criminal defendant.

Anonymous said...

yeah not too happy about this appointment. She is not the nicest in the neighborhood.

CAPTAIN said...

The Captain Reports:

to 11:44 am. Actually he has until next Tuesday - but who's counting.

Good Afternoon Judge Zabel. The Third DCA issued you a spanking today. When a defendant takes the time to write a 31 page 3.850 Motion raising eleven grounds, you may want to consider at least doubling the size of your written order - to say two words.

She wrote DENIED on the Motion and closed the case.

The 3rd suggests some other ways to handle the matter. Read Coulter v. State here:

http://www.3dca.flcourts.org/
opinions/3D11-0121.pdf

Cap Out ....

CAPTAIN said...

Oh yeah - forgot to report that Judge Adrien was reversed again - but as I already said - who's counting !!!

http://www.3dca.flcourts.org/
opinions/3D09-3093.pdf

Cap Out ...

Anonymous said...

bytw where is adrien now?

Anonymous said...

it is not JAA Blog - it is JAABLOG - at jaablaw.com Justice Advocacy Association of Broward. It formed because the BACDL did jack crap to help rid Broward of its corrupt backwoods good ol boy mentality.

Anonymous said...

I grieve for the children if Brennan goes to Dependency. I can see her now belittling the litigants because of their ignorance. She constantly tries to prove she's the smartest person in the room, when in actuality, she's far from it. It's a sad day... But I, and all the people that have to deal with her in D.V., are ecstatic that she'll be gone!

David Young said...

The last comment,done anonymously of course, by April 6 at 8:13PM really showed the true intent of it's author. Surprised it made it to the blog. Disgusting and demeaning to our profession.

Anonymous said...

Keep it classy 8:13. Really nice. You don't like a judge and you find it necessary to resort to that kind of comment.

Anonymous said...

That comment made me at frist feel like the write was homophobic but, I am a gay lawyer and I too don't like anything I see in DV and Ms. Brennan has been rude, nasty and a total jerk over there.

She must have connections.

Rumpole said...

you are right i removed it and it should never have been posted. My mistake.

Anonymous said...

According to the Florida Bar, Adrien has a PO Box in Hialeah, but does not give a business address. He does not list a valid email address or telephone number. The one listed is the 11th Circuit.

I think it is fair to say, he is not practicing law.