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Friday, August 12, 2011

3RD DCA JUDGE IVAN FERNANDEZ

Monday Update: The comments section has some decent comments on the Governor's appointment policy, so we're going to keep this topic up another day (always contingent on the probability of one of our dear robed readers doing something ridiculous at which point we will post it.)

Could not have happened to a nicer person and a better judge. And FYI for those who are closely watching this governor, Judge Fernandez is a former police officer and Prosecutor- not that those prior jobs in any way affected his impartiality and fairness as a Judge; they did not. For those of you counting, in Dade County, the Governor has appointed at least 5 current or former prosecutors since the beginning of the year- six if you count the Broward ASA just appointed to the Dade Bench.


28 comments:

CAPTAIN said...

The Captain Reports:

We have a new 3rd DCA Judge ....

(and that means the JNC now has two open seats to fill; Judge Figarola's County Court seat and Judge Fernandez' Circuit Court seat).

Miami-Dade Circuit Judge Ivan Fernandez was picked Friday to fill a vacancy on the 3rd District Court of Appeal.

Gov. Rick Scott picked the family court judge from a short-list that included Assistant County Attorney Thomas Logue and Key West lawyer Edwin Scales III, a member of The Florida Bar board of governors.

......

Upon leaving the military, he joined Miami police as an officer and worked midnight shifts on street patrol in Liberty City. He later joined the K-9 unit, worked homicide cases, took over the narcotics unit and reached the position of major. Fernandez takes credit for opening the department’s south district substation on Flagler Street and 22nd Avenue in 1989.

That year, he also started law school and earned his degree at the University of Miami in 1992. He was admitted to the Bar in 1993 but stayed on the police force until 1995, when he retired and began a solo civil practice. Fernandez did business and personal injury litigation as well as divorce cases, a practice he glumly noted thrived because of the high rate of divorce for his fellow officers.

.....

He became a Miami-Dade prosecutor in 1999 and worked up from misdemeanors and juvenile cases to felonies and public prosecution.

The governor’s decision to pick Fernandez marked the third time this week he appointed a former public corruption prosecutor to the bench.

....
Courtesy DBR

Cap Out .....

Friday, August 12, 2011

CAPTAIN said...

RUMPOLE - RUMPOLE - RUMPOLE

Our new 3rd DCA Judge is named Fernandez, not Hernandez.

Rumpole said...

I know I know, It was a long day in court and I am tired.

THE TRIALMASTER said...

FERNANDEZ IS NOT AN INTELLECTUAL. HIS PRIVATE PRACTICE CONSISTED OF REPRESENTNG COPS IN DIVORCE CASES. THAT WAS UNSUCESFUL SO HE HAD TO TAKE A JOB AT THE SAO FOR 40K A YEAR OR LESS. HE WILL REVERSE EVERY SELDOM GRANTED SUPPRESION ORDER. GOVERNOR SCOTT IS PACKING THE TRIAL AND APPEALLATE BENCH WITH THE TYPE OF JUDGES THAT PALIN WOULD SELECT. GOD HELP US ALL.

Anonymous said...

Trialmaster,

If you are going to rip Judges then maybe you should properly "spell out" your criticisms

Anonymous said...

Fernandez is a super guy. great in trial court because he has been around and knows bullshit when he sees it. Probably in over his head at the 3rd dca not that kind of mind he is working with

Anonymous said...

Funny how he appointed so many ASA's but, look at them. They are all good people and many prosecutors end up being good for the defense.

Now, the jerks on this blog will say that he is only doing this to say thanks for not going to prison for Medicare fraud. Bull.

I did not vote for this idiot governor but, we're stuck with him and we have to live with his decisions. So just be glad these are nice new judges. (well except Brennan)

David S. Markus said...

To the TRIALMASTER:

What is the basis for your opinion that Judge Fernandez is not an "intellectual"? Did you have a case where he clearly misapplied the law?

I don't know whether Judge Fernandez is an "intellectual" or not. I do know that he was a fair judge when he ruled in the numerous cases I handled when he was assigned to the criminal division. If your criticism of Judge Fernandez is that he lacks substantive knowledge, that can be learned. Many judges come into criminal court without any experience, learn what they need to learn,and become great judges. If your criticism is that he is not a bright man, I disagree.

For me, the most important qualities a judge can possess are a sense of fairness, the humility to listen and learn and the willingness to do so, and the courage to make difficult decisions. In my opinion, Judge Fernandez has all of these qualities. I wish him well on his new journey.

David S. Markus

PhilR said...

Trialmaster I strongly disagree with your comments. First however, is this your first internet connection? Since about 1983, it has been accepted practice when communicating electronically NOT TO USE CAPS, which otherwise indicates shouting. Meanwhile, welcome to the electronic age. Go try out the Sony Walkman- it's cool for listening to cassette tapes of Cher.

I did not know Ivan Fernandez in private practice so I cannot refute your allegations. I did practice before him as a judge in criminal court. He treated all attorneys with professionalism and all clients with respect. I tried a murder case before him and it was a pleasure. He was on top of the issues and read all motions and memorandum of law and had to navigate through some very tricky issues. It was clear to me he gave thought to all sides before ruling and I never sensed he had an agenda.

I am worried that this Governor may have a layman's view of the legal system and think that all prosecutors will be state oriented. If he does think that he will be quickly shocked as we all know former prosecutors who are great Judges and not afraid to grant motions (Bob Scola anyone?)
At the moment I am thrilled the Governor appointed Bill Altfield and I think Judge Fernandez will do a great job. So we shall see.

Finally- if you slam someone have the guts to use your name.

Anonymous said...

Hate the Governor, but can't fault his appointments. Fernandez is conscientious, hard-working, fair and is not "over his head" at the Third. He has no agenda other than to get it right. We are lucky to get him.

Anonymous said...

If you don't think Judge Ivan Fernandez is a good jurist then you're no "trialmaster.". You're more likely a hack....

Anonymous said...

Judge Fernandez will do a great job. My experience with him when he was in the Criminal Division was that he had the best nose for determining police hyperbole and had the integrity and guts to call them as he saw them, especially with his former colleagues on the force.
We desperately need more judges with criminal experience on the Third. The court lacks compassion and any real sense of what the world is like outside of their rather refined orbit of experience. They have fine minds, but I believe they have proven time and time again that their perspective of the world is mired in a country club correct mindset. The lack of Black judge on that court is also a big shame. It would help the court, but the biggest problem is that so few of them had any real criminal experience before they went to that court and have no appreciation of cultural difference and life in the Inner City.
Judge Fernandez will bring balance and a wealth of useful experience to that court. And, for those who think that Judge Fernandez is not as bright as he might be, they have clear never briefed an issue and been subject to his questioning in the courtroom.
The only unfortunate wrinkle in all of this is that we lose one of the very good trial judges. He will be missed. Maybe, he will visit from time to time, hopefully at REG.
Whether by luck or skill, Governor Scott a made some good choices. The clear toad of a choice is Judge Brennan, but the electoral process should solve that problem.

Anonymous said...

I don't think we should say things, good or bad, about judges we appear in front of, using real names.

Same way I think it's wrong to donate money to judicial campaigns for judges I appear in front of.

Anonymous said...

Not an intellectual. Thank goodness. They make the worst judges.

Anonymous said...

Fernandez is a good choice, so is Bill Altfield. Brennan was a serious mistake. Brennan is nasty, arrogant and condescending. Brennan has not figured out that County Court was a safe environment, where she could not likely to offend (P - - - O - -) someone who would challenge her or shepard a challenger. In County court, I found Brennan the classic text book example of is Bipolarism. As a young inexperienced lawyer, I had to put up with Brennan’s irrational mood swings, her condescension and her abusive personality. Brennan cannot help herself. She is inherently abusive and blind to the consequences of her actions. I am in a case with a lawyer who is respected by both judiciary and peers. I am amused observing how with her arrogance and brash behavior Brennan works on p - - - o - - this experienced and politically connected Hispanic attorney. I am hoping Brennan keeps up her nonsense with this attorney.

Anonymous said...

Melvia green is black. is she still on the3rd?

Anonymous said...

and on another- lighter- note equal ritghts for all. Go Topless.org !
DS
http://www.thepetitionsite.com/1/womens-consitutional-right-to-go-topless

http://www.youtube.com/watch?v=iPZpQhqONXU

http://www.gotopless.org/gotopless-day

Anonymous said...

I hate Rick Scott, and think he hates lawyers too much to actually make these decisions himself. I agree he's made some really good appointments. So it begs the question: Who is his advisor on judicial appointments? That's who we should be appreciating.

Anonymous said...

http://weblogs.sun-sentinel.com/news/specials/weirdflorida/blog/2011/08/report_naked_sword_fight_lands.html

Anonymous said...

Phil R. have the balls to admit you are rump.

Mr. Obvious said...

Those go topless people are just a bunch of boobs.

Anonymous said...

I don't know if Phil is Rumpole but besides being a great lawyer and a nice guy he is a hell of a poker player. I don't think he saw me but I saw him at the World Poker Tour tournament at the Hard Rock Sunday night, after two days of poker still playing and in the money. Where did you finish Phil?

"American Minority" said...

I believe we all unanimously agree Victoria Brennan was an absolute dropping of the ball, more so an almost certain preoccupied appointment, and it will defitnitely have a continuing staining affect on the Judicial System.

Anonymous said...

I have long stopped trying to assign a judge's tendencies to whether they were a prosecutor or a defense attorney. There are former PDs like Sayfie and Thomas who gives you a fair trial and is a fair sentencer and then there are people like Tunis and Ward who are just the opposite. You had a giant in Pinero who was by far one of the best ever and he was a former prosecutor.

Anonymous said...

Hey Rumpole!!!! What's the deal with Carlos privatizing the investigations in Juvie?? Sources say he hasn't told the folks who's jobs were given away for a few favors.....client be damned

Anonymous said...

http://www.msnbc.msn.com/id/44147493/ns/health-addictions/t/addiction-now-defined-brain-disorder-not-behavior-issue/

Possible defense to testing dirty while on probation??

Anonymous said...

Sorry guys but Brennan is OK. Holds the State feet to the fire. Pisses the ASAs off by actually questioning them. Doesnt do what the SAO wants but what she thinks is right.. I DONT always agree w/ her but she is doing a good job. This is based on being in her court and watching her. even had some PVHs w/ good results.
DS

Anonymous said...

Knew Ivan when he was a SA, very nice guy. Then got appointed and the "snootiness" began. Still think he'd be a good DCA'er. But apparently forgot about all the "little people" that trained him.