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

Monday, May 16, 2011

BETTER LATE THAN NEVER

Last week we learned that the former Governor of California had announced that he and his wife Maria Shriver were seperated after 25 years of marrriage. Now we know why. Ten years ago the Terminator fathered a love child with the family maid.

Sort of gives a new twist to "preserving domestic tranquility."

Sigh. Another Republican in a domestic scandal.


The Herald finally reports on the SAO's much discussed (in these pages) new diversion policy for first time DUIs. The article is
here.

The Herald is also covering the impending impeachment of President Clinton.

Interesting to note that ace DUI defense attorney Richard Hersch is in support of the program:

Defense lawyer Richard Hersch called Miami-Dade’s new program a “good thing.”

“The vast majority of first DUIs are people who make stupid mistakes. Turning them into criminals doesn’t make any sense. A good number of them are going to get off because an officer doesn’t show, and evidence falls apart. What happens to those people? They’re not on the radar, and they’re not going to get treatment,” Hersh said


The program is bound to be bad for business for attorneys who concentrate in DUI defense as Mr. Hersch does. Maybe he knows something about his pending application to be nominated to the Circuit Court that we don't?

Mr. Hersch, along with Judge White-Labora and attorney Michael Hanzman all have their applications before the Governor for the late Judge Skip Gross's seat.

Meanwhile, MADD is against the program as it does not mandate a five year prison sentence for anyone who thinks of a beer while driving.

There's always Broward.


See you in court.



32 comments:

Anonymous said...

http://menagealaw.blogspot.com/2011/05/miami-traffic-attorney-richard-hersch.html

Anonymous said...

It is Hersch. Hirsch is the Most Honorable Royal Chief Justice of the Fiefdom of REGJB. Richard Hersch is also much more than a DUI Lawyer and I think it is insulting to label him as such.

The ticket clinic takes issue with this program. We should take a moment of silence for them. Slimack, Closius and Davenport are also against this program. They like making over $200/year and this will severely limit the earning power to measly $100K.

Young APDs are also against this program. They get their first taste of trial experience kicking the ass of moronic ASAs in Judge Newman.

Anonymous said...

this is not good news for dui lawyers. well repected dui lawyers charge 10k per case. not any more

Anonymous said...

why is it insulting to label him a DUI lawyer?

and why is he more than dui lawyer?

Anonymous said...

Richard is much more than a DUI attorney. He happens to be a great attorney to hire for a DUI, but he is also a great attorney for any other criminal charge, felony or misdemeanor.

Anonymous said...

The Governor is interviewing Richard Hersch, Michael Hanzman and Judge White Labora this week and will decide very soon as the deadline is rapidly approaching. The new Circuit Judge is slated to be assigned to the Criminal Division. All of the 3 are worthy and intelligent and would be great additions to the judiciary. Rumpole, what do you think?

FACDL board member said...

Thank you to the FACDL MIAMI for their hard work in helping to get this done. While the final decision rested with KFR she specifically came to FACDL two years ago and wanted to know if the organization would support this idea.

The organization put their clients before their profits. They recognized that it was the right thing to do. We have PTI in so many other crimes, so why not DUI cases. This is long overdue and the first time offenders will finally have the ability to avoid a DUI conviction for a first time offense.

Anonymous said...

The problem with PTd programs in misdemeanor and traffic cases is that the private companies who run them are allowed to send direct mail advertisements to defendants offering the program. It'd be better to run it like felony PTI where the program is offered in court when defendants are eligible.

Anonymous said...

Bravo FACDL for helping to get PTI for DUI cases. Lol.

Anonymous said...

The gov is not happy with these three and he has expressed his disdain for the jnc. This is a new era.

Anonymous said...

I object to the program being run through private businesses. This new program is a windfall for the advocate and court options programs. scads of money will be collected and go into the pockets ofthe share holders of private corpoations. dade county should run its own program and use the profit generated to fundthe court system.This is a boondogle. follow the money and see where it ends up!

Fake Tom Thumb said...

10:57 am - BINGO!!!

You correctly identify the insidious motive for the sea change.

the trialmaster said...

arnold, the "sperminator".

Anonymous said...

whats up with court options advising clients on sealing and expunging. isn't that the unlicensed practice of law. they convinced my client to seal a misdemeanor when he had a prior felony, which he is now unable to seal. whats out for these guys giving legal advice to your client

Anonymous said...

Sounds like Richard Hersch is more interested in being a judge than he is in being a good lawyer.

Anonymous said...

This will really hurt the DUI lawyers business. How much can you charge to monitor someone in a program?

Did I see Reiff, Catalano and Hersch selling hotdogs in lot 26 yesterday?

Anonymous said...

"Sigh. Another Republican in a domestic scandal."

Oh, Rumpole, how quickly you forget John Edwards, Dem.

Male politicians who let the power and influence go to their "other head" abounds in both parties.

Sigh

CAPTAIN said...

The Captain Reports:

to 11:44 pm .....

Please correct me if I am wrong, but there are still four nominated names eligible for that open seat. The three you named and also Miguel de la O.

In any case, we should know by this time next week who our newest Circuit Court Judge will be.

In other news, did I see a certain criminal defense lawyer sitting in the VIP section at NASA yesterday for the extraordinary launch of the shuttle? It looked like none other than MDL of the downtown Flagler Street firm; the one with his name as part of the letterhead.

Can someone confirm that was him?

Cap Out .....

Anonymous said...

I love the comment from the ticket clinic bottom feeder who doesnt like the program and said the SAO should get its witnesses to court. Huh?

So let me see if I understand this. The Ticket Clinic will take a nolle prosse 100 times out of 100 if the State doesnt have its witnesses. But really they wish for the SAO to get its witnesses to court. I gues they want to have to do something to earn that $750 fee.

I know that the Ticket Clinic will suffer, but too bad. I guess Marc Gold will have to pay off his 18k strip club bill with the revenues from those speeding tickets.

Anonymous said...

I LOVE ACRONYMS!

CAPTAIN said...

12:39 pm. Now that's funny

Rumpole said...

1:16 PM- And President Clinton too. The difference is that Democrats haven't wasted the public's time by pounding on the social conservative/ family values agenda while then cheating on their wives. Just as Newt Gingrich. He was the speaker of the house inpeaching Clinton while cheating on his wife with a woman half his age while his wife was in the hospital with cancer.

We're all humans subject to the same frailities. Except the Republicans have a holier than thou attitude while their closet is far from empty.

FAKE GOVERNOR BUSH said...

Captain - could the Governor possibly appoint a criminal defense lawyer - so far he has refused to do so throughout Florida. That is why I think it is between Hanzman and White-Labora. What say you?

Anonymous said...

Republicans: Arnold, Ensign, Rep. from Louisiana who resigned during Clinton scandal, Foley, Mark Sanford, David Vitter, larry Craig

Dems: Clinton, Edwards, McGreevey

CAPTAIN said...

3:51

I believe Lisa Walsh worked at the State PD's office, then as a private attorney doing mostly appellate work, before her appoitment to the bench.

You are correct that Scott has not named a criminal defense lawyer in his short time as Governor.

The easy choice would be Judge White-Labora who has been an acting Circuit Court Judge for the past few years running Drug Court. It also gives him yet another appointment to the County Court. And his administration did support alternative sentencing methods ie drug court funding increases in this legislative session.

Cap Out .....

brian tannebaum said...

Wrong Captain, James Craner, criminal defense lawyer in Orlando was appointed to the bench by Scott

Anonymous said...

4:00 pm you missed a few Dems:

1.    Wayne Hays (1976): Affair with secretary (one of the first major sex scandals)
2.    Allan Howe (1976): Solicited sex with two prostitutes (both of whom were undercover cops)
3.    John Young (1976): Staffer alleged sexual harrassment
4.    Fred Richmond (1978): Charged with soliciting sex from a 16-year-old boy.
5.    Gerry Studds (1983): Reprimanded for having sex with a male teenage House page
6.    Gary Hart (1988): Affair with model Donna Rice.
7.    Barney Frank (1989): Affair with male prostitute, who also conducted business in Frank's home.
8.    Chuck Robb (1991): Admitted to receiving a nude massage from a former Miss Virginia.
9.    Brock Adams (1992): Eight women accused him of sexual harassment, abuse, and rape.
10.    Mel Reynolds (1994): Sexual relationship with 16-year-old campaign volunteer.
11.    Bill Clinton (1998): Affair with intern Monica Lewinsky.
12.    Gary Condit (2001): Affair with (murdered) intern Chandra Levy.
13.    Paul Patton (2002): Affair with nursing home operator; when the affair ended the state of Kentucky filed numerous violations against her business.
14.    Bob Wise (2003): Affair with a state government staffer
15.    Jim McGreevey (2004): Resigned as NJ governor after admitting that he is "a gay American"
16.    Neil Goldschmidt (2004): Admitted to having a relationship with a 14-year-old girl in the 1970s.
17.    Roosevelt Dobbins (2005): Congressman form Arkansas, pleaded guilty to fondling a 16-year-old.
18.    Gavin Newsom (2007): Affair with the wife of a top aide.
19.    Antonio Villaraigosa (2007): Affair with a television reporter.
20.    Tim Mahoney (2008): Admitted to multiple affairs.
21.    Eliot Spitzer (2008): Involved in prostitution scandal.
22.    Paul Morrison (2008): Affair with administrative staffer while Attorney General of Kansas, pressured her to reveal information about Kansas D.A.
23.    Marc Dann (2008): Attorney General of Ohio, had an affair with a staffer.
24.    David Paterson (2008): Admitted that both he and his wife had extramarital affair.
25.    Kwame Kilpatrick (2008): Text messaging sex scandal
26.    Sam Adams (2009): Portland, OR mayor lied about relationship with 18-year-old male intern.

But who's counting.

Rumple: point well taken. I just feel like you have turned your Blog into a "Republican bashing" blog. I'm an old fan that comes to read-up on the legal news and such, but find the bashing very one sided and not much fun.



Sigh

Anonymous said...

http://menagealaw.blogspot.com/2011/05/honorable-kathleen-m-williams-united.html

Anonymous said...

The problem is that some people in this country still think sex is a dirty, disgusting thing. So, it being taboo, people of power and wealth crave it all the more, but at the same time have to hide a perfectly natural impulse.

All politicians should keep their noses out of my family and home, not run on a platform of family values, and stick to performing their jobs of making this country a better, stronger place, politically and economically.

And remember, sex is only dirty and disgusting when it is done right.

Anonymous said...

4:00 here:

8:32 is absolutely right.

Anonymous said...

i haven't seen a republican run on a "family values" platform since the mid 90s! the only people who bring it up any more are dems trying to be cute. How does a 20 year old dan quayle speech make any current republican a hypocrite? get some new material people.

Anonymous said...

Slimak and Davenport don't care about the DUI diversion program. Both of them left the MDPD DUI unit years ago.