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

Thursday, May 03, 2012

JNC HI-JINKS

JUDGE RICHARD HERSCH INVESTITURE FRIDAY AT NOON AT THE DADE COUNTY COURTHOUSE. 


THE CAPTAIN REPORTS:

THE JNC SPEAKS - AND WE SAY - HUH?????

SO, YOU WANT TO BE A CIRCUIT COURT JUDGE:

Last month, the JNC interviewed Circuit Court candidates for Judge Julio Jimenez' replacement. They senT five names to Governor Scott, finding them all qualified:

Alan Fine
Judge Hague
Judge Miranda
Ariana Fajardo (who was chosen)
AND
Bonnie Riley

Today, the JNC announced the names being sent to Governor Scott to replace Judge Maxine Cohen Lando:

Judson Cohen
Alan Fine
Judge Hague
Judge Miranda
Judge Rodney Smith

That's it. No Bonnie Riley. Bonnie Riley did apply for this seat. Bonnie Riley was interviewed for this seat. The same JNC that found her qualified last month, DID not do so this month.

Now, the JNC is always receiving additional information, both publicly and privately. So, they have their right to determine that she is no longer qualified for the job. 

Go figure. Care to comment?

CAPTAIN OUT .....

18 comments:

Anonymous said...

she would never be selected by a repub gov. Never. Her father is a union boss man. It is not the real world to think she would get the tap. She must wait for a dem or run. And if she runs and wins she better kiss a lot of ass on the bench. Otherwise she would be taken out. Such is the nature of judcial races in miami. Latin names rule. Whatever the motivations the jnc has I'm just telling you the real. Smoke it.

CAPTAIN said...

From the DBR...re Milton Hirsch

Case: Bruggman v. State

Case Number: 3D09-2540

Judge: Ramirez, J.

Appellant Attorney: Thomas Julin, Hunton & Williams, Mimai

Appellee Attorney: Forrest L. Andrews Jr. and Angelica D. Zayas, Assistant Attorneys General, Miami

Tapes made between man convicted of drunken-driving manslaughter and his attorney will remain sealed, the Third DCA ruled.

Bruce Brugmann, editor and publisher of the San Fransisco Bay Guardian, asked the court to reconsider its refusal to unseal recordings and transcripts purportedly revealing defense attorney, now a Miami-Dade circuit judge, Milton Hirsch advising his client, Sean Casey, to flee the country.

While the DCA declined to unseal the records, it did honor Burgmann's request to issue a written opinion.

Casey is serving a 12-year sentence for killing an elderly woman with his car, driving off and later fleeing the U.S. He claimed Hirsch advised him to leave the country to avoid prosecution and coerced him into pleading guilty when he returned.

A judge listened to the tapes and found no evidence of criminal activity by Hirsch.

Brugmann argued the Florida Security of Communications Act is unconstitutional as applied because it limites public access to records.

The law protects a person from being unlawfully without their consent and prohibits those recordings from being disclosed.

The law, Brugmann contended, does not serve a legitimate public purpose because it only enables parties to lie about what was said in a conversation after the fact.

But the law does not prohibit parties from testifying as to what happened during the meetings in question. And testimony from Casey and Hirsch is not sealed or restricted from public access. The fact that a recording may be more trustworthy is immaterial.

Petition denied.

Cap Out ....

CAPTAIN said...

to 6:28 PM, who stated:

Oh Cap, please tell me you can not figure out from the list that your new Circuit Judge is .... Judson Cohen (whoever that is). Direct request from the Governor's office for him to get out of committee. This is a done deal.

FYI - 6:28 PM.

Mr. Cohen was on the list that was sent to the Governor last month for the County Court seat. The Governor filled that seat with 32 year old Rudy Ruiz. How do you explain that?

Cap Out ....

ds said...

Maybe the JNC figured that it was clear that Gov Scott wasnt going to appoint Bonney because he is anti Labor/anti Union and Bonnies' dad is labor personified.

I like Bonnie, known her a long time. She is smart, experienced in trial, well educated and has a wonderful disposition. She would be a great Judge.

But No Way Republican Gov. Scott is going for her, so maybe the JNC decided to send another name instead.

I am Sorry, Bonny, its Our Courts loss.

DS

Anonymous said...

enterprising jurors a problem for judicial system


http://www.miamiherald.com/2012/05/03/2782311/jurors-3-drinks-may-be-costly.html

Anonymous said...

Jeremy Lin says he's not sure if he is ready to play in Game 4 but will definately be available for Game 5. This is like Newt Gingrich making plans to pick his Cabinet members. The real victory for the Knicks in Game 4 is to see if they can keep the Heat's victory margin to single digits, which they haven't been able to do in the first three games.

CAPTAIN said...

The Captain Reports:

3rd DCA JNC .....

The JNC has been meeting and interviewing potential candidates for the open seat on the 3rd DCA. They will send their recommendations to Governor Scott no later than May 12 or 13.

Captain Out .....

CAPTAIN said...

The Captain Reports:

So, you want to be a Circuit Court Judge, in Broward ....

23 applicants including ASA Abbe Rifkin (whose name is before the Governor for the open County Court seat in Broward, and, who, yesterday, was interviewed in Tallahassee by the General Counsel for the Governor for that County Court seat).


Broward General Magistrate Randi Glick Boven, Assistant State Attorneys Mari S. Blumstein, Morgan Roger Rood, and Elizabeth Scherer of Broward and Abbe S. Rifkin of Miami-Dade SAO.

Broward Assistant Public Defenders Lorena Mastrarrigo and Robert Abraham Jakovich.

Two circuit staff attorneys — Phoebee Rebecca Francois and Giuseppina Miranda.

Rene D. Harrod, an assistant attorney general and Lynn D. Rosenthal, an assistant U.S. attorney.

Private attorneys include:

Garrett S. Elsinger
Michele McCaul Ricca,
Mark W. Rickard
Stacey Schulman
Gerard S. Williams
Maritza Gonzalez
Jorge E. Hurtado
Steven W. Hyatt
Kenneth P. Kugler
Christopher W. Pole
Thomas A. Truex
Ruby Seymour-Barr

Cap Out .....

Anonymous said...

Rumpole, who do you think will win this one?

Anonymous said...

On the Bruggman case re: Milton Hirsch, from what I understand, it is the Dr. Rappaport tape the court is forgetting which incriminates Hirsch the most. That is the tape no court wants to listen to because they know what is on it – supposedly Dr. Rappaport saying that Hirsch wanted Casey to flee. Thornton just listened to the Hirsch tape, and not the tape of Dr. Rappaport because he had the transcript and knows what is on it. He just refused to listen to it.

Jonathan Blecher said...

I'm friends, and worked with, both Judson Cohen and Alan Fine. They have similar "judicial" temperament and intellect and character.

They are both from the civil side, Cohen (Plaintiff P.I.), Fine (Banking/Commercial/Civil Fraud Litigation). Alan Fine's name has gone up at least 3-4 times. Either one would be a great selection.

Anonymous said...

My comment is that the Guv'nor requests certain names be sent up and rejects lists until he gets the list that he wants, so it's a pretty safe bet that he never wanted Bonnie Riley on the list in the first place, notiwithstanding that the JNC found her qualified.
It's a filthy, dirty, festering cesspool, this business of politics.

Anonymous said...

Rumpole tore it up (again) at the Hersch investiture.

eye on cinco de shumie said...

CINCO DE SHUMIE: SATURDAY at Tobacco road. -7pm. Tequilla shots on me.

Anonymous said...

4:09 here

I posted this yesterday, but since you have seen fit to repost your question, I will repost my comment:

Oh Cap, please tell me you can not figure out from the list that your new Circuit Judge is .... Judson Cohen (whoever that is). Direct request from the Governor's office for him to get out of committee. This is a done deal. All the others have been rejected more than once. (Hague almost more times than Lenny Glick in the 80's.)

Jefferson Knight said...

The people posting here have exactly ZERO clue. Moreover, the snide and nasty comments are completely inappropriate. Why is anyone surprised that a Republican governor prefers more conservative appointees? Nobody was surprised when Lawton Chiles appointed liberals, and nobody that I can recall back then wrote that the appointment process was a "filthy, dirty, festering cesspool...." Governor Scott has made many, many excellent judicial appointments, not only in Miami but all over the state. He takes the process very seriously, and everyone has been impressed by the quality of his legal staff. Everyone.

Anonymous said...

Agreed. Bonnie Riley is a left wing x pd. If she wants to be a judge she should run for the job. Its silly to think she would be appointed by the gov. It will never happen.

Anonymous said...

Actually, for all of Rick Scott's faults (I am not a fan, to put it mildly), he's done an OUTSTANDING job selecting judges.

BTDT