Tuesday, November 29, 2011

Election Central


Election Central .....

Circuit Court Group 49. Richard Hersch now has an opponent. (ht to 5:48 pm).

Attorney Victor De Yurre, a member of the Florida Bar since 1977 has filed to run against Mr. Hersch. Many of you will remember Mr. De Yurre from his previous life in politics. He first ran for the Miami City Commission in 1987 against incumbent Commissioner Joe Carollo. He defeated Carollo and served on the City Commission from 1988-1995.

Like most politicians elected in our city, De Yurre attracted his share of controversy. In 1991, New Times did one of their many stories about De Yurre. The City of Miami was on the verge of bankruptcy, (so what’s new), and De Yurre had spent the taxpayers money on lavish trips out of the State and Country. De Yurre had taken nine trips in 1990, cultural missions is what I think they call them, to places like Italy, Washington DC, Seattle, San Francisco (supposedly to see programs for homeless people), and Brussels, among some of the places.

The trip to San Francisco must have been anything but eventful. I say that because, in 2002, New Times did a feature story called: “What Did You Do In The War On Poverty”? In the story they interviewed several past members of the Miami City Commission and they asked them each that exact question. When they got to De Yurre, he responded: “I can't put my finger on anything now. I can think of global things, like funding low-income housing projects. We also had those fa├žades on Eighth Street, Overtown, and Liberty City -- injections of money that helped people spruce up places. I can't think of any individual thing I did. I really can't think of anything else I could have done.”

As a lawyer, De Yurre appears to have a solo practice in the downtown area. I have no idea what type of law he practices. I believe he has a son, Anthony, who is also a lawyer. Anthony works for Pathman, Lewis, and is involved in the political scene and is a mover and shaker in the community in his own right.

I would imagine that De Yurre could prove to be a formidable opponent to Mr. Hersch -of course, if Hersch happens to get tapped by Governor Scott to one of the three open Circuit Court seats, then he won’t have to worry about running for Judge again until 2014.

I also reported on November 21st on this BLOG that Fleur Lobree has drawn yet another opponent.



On October 12, 2011, on the Justice Building BLOG, I reported the following:

And the newest filing has someone challenging newly appointed County Court Judge Fleur Lobree:

William Pena Wells; (he is the attorney that caused much discussion on this blog on the issue of his being suspended by the Bar for three years as the result of his criminal conviction).

The newest candidate:

Michelle Alvarez Barakat. Ms. Barakat has been practicing law since 1999. She worked for the Florida Bar in lawyer regulation. She now practices in a two person firm with her husband, former ASA Brian Barakat. According to her web site, her practice concentrates on criminal defense and commercial litigation.


We are waiting to hear from Governor Scott on several appointments:

Circuit Court open seats include: Judge Ivan Fernandez, Judge Amy Steele Donner, and Judge Robert Scola. Six names sit on Scott's desk for the Fernandez seat and the Donner seat. The JNC has not yet selected the names to replace Scola. Expect two new Circuit Court Judges to be named sometime during the week before Christmas.

Donald "DJ" Cannava
Miguel de la O
Richard Hersch
Norma Lindsey
Deborah White-Labora
Angelica Zayas

County Court open seat: Judge Rosa Figarola. The Governor has five names on his desk. Expect a new County Court Judge to be named around the same time as the two new Circuit Court Judges.

David Alschuler
Tanya Brinkley
Donald “DJ” Cannava
Ivonne Cuesta
Steven Lieberman

Cap Out .....


RFB said...

Only the right honorable mr chief justice Milt gets the hirsch/Hersch pass at the polls.

Anonymous said...

Dear RFB, yes, but, Hersch is actually a better lawyer than Hirsch ever was.

Both are superb lawyers and good guys but, Hersch tried alot more cases and did a whole lot more for the community.

Arnold Trevilla said...

I went to File a couple petitions to seal today only to be told by the clerks office they are no longer accepting checks from lawyers because a couple firms or attorneys bounced checks. Now its all cash. Does anyone see a problem with this? Especially trust account money being withdrawn in cash….to pay the clerks office? Or us paying cash out of our own pocket for stuff? So I guess we now need to walk around with big wads of cash all the time to pay our clients costs…. What is this? The wild west. How bout gold. Maybe we can pay in gold coins. That was around before cash and is more valuable…and who knows maybe one day the government goes belly up and then the clerks gets screwed because the cash is no good. Seriously….does anyone else have a problem with this…or should I just get over it and move on.


Secret Judge said...

Very few judges, past or present, go thru their entire respective careers without ever having to run a contested race. For judges, who served 20 or more year careers, I can think of only 2. Both having been appointed from the P.D. office, namely Norm Gerstein and Rick Margolius. Even Gerald Wetherington and Jerry Kogan had to fend off opponents at the polls. Can anyone think of any others who never were challenged via election?

Anonymous said...

And both Hersch and Hirsch are excellent speakers and have given us some really great CLE credits. Thanks to both of you guys.

CAPTAIN said...

The Captain Reports:

How about my favorite. Judge Federico Moreno. Appointed to County Court, appointed to Circuit Court, appointed to Federal bench. No elections. No opposition.

Cap Out .....

Anonymous said...


if the clerks office wont take checks or credit cards (for motions to seal); i suggest we all pay them in pennies.

then perhaps harvey will see what a problem it is and come back to the 21st century and allow using checks or credit cards.

does harvey know what a nightmare it is to withdraw cash out of our operating account, and then keep records for our accountant where that cash went.


Anonymous said...

the word superb is reserved for the best of the best. 12:51, you need to choose your words more selectively.

Anonymous said...

Not even sure how I would withdraw trust account money in cash. My trust acct doesn't have an ATM card.
Guess I'd have to see the inside of the bank and actually talk to a teller? My assistant drops off the deposits but I doubt I could have her withdraw cash.
Never had a problem with anyone accepting trust account checks.

Anonymous said...

Slick Vic...Hispanic handlers make deal. Put De Yurre in this race, Governor picks Hersch, Slick Vic slides in unopposed.

CMPR said...

So lets shake this backwater blog up a bit.

What's he story with the piss-water coffee in Au Bon Pain? Can i get any worse?

And talkin bout judges Leon Firtel? Really? And how about that Migna? Miami loves her, according to old blog comments.

Can those misdemeanor soundings be any worse before Haugue?

Anyone? Bueller? Anyone?

Ok folks- you gota work with me if this is gonna work out.

Class M Planets Rule

Of course.

CAPTAIN said...


Hey South Florida Lawyer BLOG, where are you on this story???


The Dean of Torts is dead. On Saturday, JB Spence, 89, passed away. Seven days earlier, Buddy Payne died at the age of 75. They were the founding partners of Spence, Payne, Massington back in 1967.

"J.B. Spence and Buddy Payne are considered among the finest trial lawyers in the history of this community and state," said Miami criminal defense attorney Ed Shohat, a partner of Shohat Loewy & Shohat in Miami. "They will be sorely missed but fondly remembered."

Read the DBR article here:


Cap Out ....

Anonymous said...

County Judge and Republican Right Wing Jurist Gladys Perez needs opposition, who will run against this clueless jurist? Does anyone have the guts to take on a Republican radical jurist?

Anonymous said...

I don't think the following judges ever had opposition after they were either appointed or elected:
Jon Gordon
Ron Friedman
Ellen Morphonios
Arthur Snyder
Joe Farina
Those are just off the cuff. I am sure there are many more.

Anonymous said...

Whether Richard Hersch may be a great county court lawyer (big deal), is not the point. The guy has a horrible temper that he cannot control and that is something we do not need to see on the bench. This wolf in sheep's clothing needs more opposition at the polls!

Secret Judge said...

To the genius at 7:06: If they were elected, then they ran a potentially contested race. Anotherwords, I asked who had a more than 20 year judicial career without EVER having to face the voters. If memory serves me right, Ron Friedman defeated Dave Peckins, so he's out. But, you are correct with Joe Farina. Morphonios is before my time. Jon Gordon is also correct.

Anonymous said...

The same fucking asshole who said that Richard Hersch may be a great "county court lawyer (big deal)" was probably sitting in the front row at one of the hundreds of DUI seminars Hersch has done and probably asked him for help and instantly got it.

But, that is not what really pisses me off. The "big deal" comment means this is some asshole who probably tried no more than ten cases in his or her life (I bet it is a he) but, loves to stick his fucking big nose in the air and act like those who try misdemeanors are less capable lawyers.


Anonymous said...

Moreno's Chamber's in the new court house facing the ball park are HUGE with a connecting suite, in case of those "overnight" emergencies.

Federal Judges are higher up than GOD.

Anonymous said...

the late, great, Ed Cowart. The best judge ever to set foot in the Justice Building never had opponents.

Kenneth Weisman said...

Okay, in light of the faux fashion advice from my legal colleagues being offered on the blog I feel compelled to offer this cache of information. http://heebmagazine.com/heebs-guide-to-fall-fashion-for-men/30788

Anonymous said...

Yes, 11/30/11, 142 p.m., that is exactly what I meant. County Court lawyers are less capable lawyers. That is why they handle DWLS cases and other misdemeanors. You bottom dwellers get your few hundred bucks per case and plead them out, with no better deal than the poor sot could have gotten pro se. And then, purely by chance, when one of you idiots happens on a real case, that requires work and preparation, you charge some ridiculous low ball fee knowing that you will do nothing with the case until you can't get any more continuances and have to plead your guy. Hey county court slugs -- leave the good cases for those who can handle them, and try them when they need to be tried.
Stick with your trespass and drinking in public cases where your clients can get what they pay for -- NADA!

Anonymous said...

Good morning Legal Eagles!

Love the shake the blog comment. I am an older lawyer and want to run for judge. I have read the blog for a couple of years and am looking for help in finding Juan D'arce to run my campaign. Noting the history of attacks on Juan, it seems to me he was/is the judge maker everyone wanted and those that did not get him feared. Anyone know where to find him? I may even ask Judge Faber/Cohn. I have been told they know his contact information. I want to win!

Anonymous said...

As far as Petitions to Seal and the clerk's office: All you have to do is add about $125 (75 to FDLE and 50 to the Clerk) to your fee and tell your client that it includes fees and court costs. Stick it in your operating account, pay with credit card. Problem solved. To go through a trust account for 50 bucks is absurd.

Anonymous said...

The proof is in the pudding. Hersch does have a terrible temper. Look at his response at 1:42 p.m. Oye vey with the invectives.

Anonymous said...

Hey 9:49,

1:42 pm wasn't Hersch, it was me, you fucking moron.

Anonymous said...

I agree that Perez needs opposition, but who in their right mind would take on the Republican Party machine (despite this is a non-partisan race), the Tea Party, CABA and FAWL.

Is she a bad judge? Not really. She is difficult. We haven't seen a know it all like her for 8 years and despite the fact that he was a good judge, he rubbed people the wrong way. Problem was he was just that a "he" and not Cuban or Hispanic (which his opponent was both)and she is just that, a "she" and Cuban.

Nope, absent a miracle opponent of Spanish speaking descent, Perez goes unopposed and on her merry way believing in her invulnerability, intellectual superiority and most probably, in the not too distant future, Circuit Court.

Anonymous said...

Hey 1:42 -- Put on your nicest poly-wool blend suit, go grab a donut and get to county court. Lots of rollovers today. Maybe you can pick up a good expungement case. What can you get for that? 2-300.00? Think volume! Then go look at yourself in the mirror you poor pathetic fool and ask that pitiful fat fuck looking back at you what have you ever accomplished that matters. Hurry up before your Dominos delivery arrives.