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

Friday, June 08, 2012

NO PASSION FOR PUNISHMENT

The Washington Post has this thoughtful article on US District Judge Ricardo Urbina who announced his retirement after thirty one years on the bench because he had no passion for punishment. The endless conveyor belt of sentencing hearings finally took its toll on the Judge, who meditates every morning to clear his mind and identify whatever lingering prejudices he may have before the day begins. 


Rumpole says: we need more judges who agonize over sentencing hearings, not less. 

LOWER RATINGS:
Just 44 percent of Americans approve of the job the Supreme Court  is doing and three-quarters say the justices’ decisions are sometimes influenced by their personal or political views, according to a poll conducted by The New York Times and CBS News.

25 comments:

Secret Judge said...

It is somewhat sad that so many in our local legal community fail to realize that we have in our midst one of the greatest athletes in the history of competition, namely Mr. Labron James. This entire team is worthy of our support. Comprised of young African-Americans (with the exception of M. Miller), they conduct themselves off the court with appropriate behavior. They are extremely active in local and national charitable efforts. They are the epitome of class. I for one, will cheer for the Heaters, win or lose. Perhaps trial lawyers are frustrated wanna be athletes. What else can explain the animosity from the local Bar?

Anonymous said...

Looks like Rumpole overplayed his Heat-hating hand yet again. Keep up the predictions--every time you count the Heat out they come back from the dead! This must be driving Rumpole crazy.

Anonymous said...

Negative public opinion polls don't concern me. The Court's obligation to protect our constitutional rights necessarily means that it must strike down legislation created by elected officials. Since most legislatures don't have the guts to pass laws that aren't popular, I'd expect the Court's "ratings" to be low. Additionally, the Court often recognizes rights and privileges that the public isn't ready to except (think school desegregation and other civil rights laws). I wouldn't have it any other way. Court Justices are appointed for life for a reason.

BTDT

Anonymous said...

accept

Anonymous said...

Nice group of fans in Boston, pouring beer on Lebron after he played one of the great games in NBA history--kind of like Rumpole (the modern day "nattering nabob of negativism") has been figuratively pouring beer on the Heat since the season began. Much like his fellow rotound bloviater, Michael Wilbon, Rumpole has to eat some crow now.

Anonymous said...

Supreme Court justices are only extensions of the political arm of the executive that nominates them.

To think otherwise is to bury your head in the sand.

Anonymous said...

BTDT is not concerned about public opinion. Of course not, if he were concerned about what public opinion said, he would never comment on this blog again.

Anonymous said...

Of course no commentary from Rumphole on the Miami Heat's killer victory over the Smelltics last night. When you are wrong, you should just admit it.

Rumpole said...

I did comment but in the previous section- I am proud of my predication especially since the Celtics were in fact playing to eliminate the Heat in game six. when the heat went up 2-0, did anyone think the Heat and NOT the Celtics would be the team facing elimination in game six? I think my prediction was pretty damn good.

Anonymous said...

11:21..........let me clarify..........I don't care what public opinion polls care about the Court. The Court's job is to do the right thing irrespective of what the public thinks. They make decisions on law, not sentiment.

BTDT

Anonymous said...

Your prediction was close; just like Dwayne Wade's shot in game 4 was close.

Anonymous said...

I don't care who wins. Pretty much can't stand basketball.

But what is your problem with the heat?

"American Minority" said...

What's new me and my friends call it the black foot white foot policy. I witnessed a Judge at the REGJB brag about how much time he gave a kid. No one told me I seen it for myself if your smart you know who he is. What's sad is that many judge bring to the penalty phase personal biases and beliefs and not enough neutrality.


Rump, your prediction was pretty damn good to be honest, but like I stated initially, the heat are going to take it in game seven.


Here's a little weekend brain teaser:

What's the largest amount of money you can have in change, and still not have change for a dollar?

Rumpole said...

5:09 pm: touche'

Anonymous said...

rump,(phil) is from Boston so what kind of prediction would you expect him to make?

"American Minority" said...

Florida Supreme Court hears Miami-Dade public defender’s case

Florida’s highest court must decide if the Miami-Dade County public defender’s office can decline cases because of its overwhelming workload.
By Jim Saunders
The News Service of Florida

TALLAHASSEE -- Grappling with whether poor people are getting adequate representation, the Florida Supreme Court heard arguments Thursday about whether the Miami-Dade County public defender’s office should be able to decline to take cases because of overwork.

The dispute raises constitutional questions about the quality of representation provided to criminal defendants and the relationship between the courts system and the Legislature. Attorney General Pam Bondi’s office and a statewide group of prosecutors have fought the Miami-Dade public defender’s attempts to decline to take certain types of felony cases.

Parker Thomson, an attorney for the public defender, argued Thursday that the Supreme Court has said lawyers should not represent clients if they can’t effectively handle the cases.

"This court said when you can’t represent a person, get out," Thomson said. "And if you have not yet accepted representation, decline."

But Louis Hubener, an attorney for the state, pointed to a law that bars public defenders from withdrawing from cases solely because of "inadequacy of funding or excess workload." Also, he raised questions about the past management of the Miami-Dade public defender’s office, saying it had not filled open lawyer positions and instead used the money to increase salaries.

"He (the public defender) has to be accountable to someone for the use of his resources,’’ Hubener said.

The Supreme Court, which typically takes months to rule in such disputes, will consider two decisions by the 3rd District Court of Appeal that sided with the attorney general and prosecutors. The issue has been in the court system since 2008 and involves two related lawsuits — one focused on the overall public defender’s office and the other focused on an assistant public defender.

In the lawsuit involving the overall office, for example, a circuit judge ruled that then-Public Defender Bennett Brummer could temporarily decline to take third-degree felony cases. The 3rd District Court of Appeal overturned that ruling in 2009 and followed a year later in the case involving the assistant public defender.

Public defenders sometimes withdraw from representing people because of conflicts that arise, such as two clients being implicated in the same crime. The state has a system of what are known as "regional counsels" that can take cases, and private lawyers also can be appointed.

The Supreme Court justices Thursday asked numerous questions of attorneys on both sides of the Miami-Dade case. Justices R. Fred Lewis and Barbara Pariente, for instance, questioned Hubener about meeting the constitutional requirement that poor defendants receive effective legal representation.

Pariente said she agrees evaluations have to be based on more than just excessive caseloads. But she also pointed to an assistant public defender with 600 or more cases, indicating she thought that could prevent effective representation.

"I can’t believe there was a lawyer who had a caseload during a year of 600 cases,’’ she said.

Justice Ricky Polston, meanwhile, asked Thomson whether the "heart of the matter" was not enough funding from the Legislature. Polston also asked how the Supreme Court could resolve the issues.

"We can’t just make a decision out of thin air,’’ Polston said at one point.

Read more here: http://www.miamiherald.com/2012/06/07/2837637/florida-supreme-court-hears-miami.html#storylink=cpy

Anonymous said...

American Minority: what the heck? "Me and my friends"? "I seen it for myself"? "Many judge bring to the penalty phase"? Dude, after writing such garbage - you have no business offering a brain teaser because you can't possibly have a brain.

Phil R said...

Phil is from Brooklyn. Born- Brooklyn Jewish Hospital. Lived on Kings Highway. Went to PS114 in Rockaway. Worked on the Amberjack fishing boat in Sheepshead Bay Brooklyn from age 14 through the end of law school. I spent two years at BU- and granted it was the first two years of Larry Bird and I saw some great basketball, I am-if anything- a Knicks fan, circa Willis Reed, Walt Frazier, Earl the Pearl, Phil Jackson, Dick Barnett, Dollar Bill Bradley, et.; al. I have no dog in this Heat/Celtics fight.
Go Bucs!
Super Steelers will win another one this year.

Anonymous said...

For the last time, Phil is not Rumpole!

Any the answer to the brain teaser, such as it is, is $1.00

In the form of a one dollar coin.

At least that's what I think Am Min was getting at. He completely misworded the brain teaser, so that it really does not make much sense.

Anonymous said...

If Rump is Phil R. then I have a great portion of land in the swamp I have for sale. Any bidders?

BTW- American Minority is an idiot. He preaches and talks a big game & my experience is those who do are a waste of time.

Anonymous said...

What is my mind--- WOMEN. One in particular I cannot get my mind off of and have been putting off work-- any advice how I can stop thinking about her so I can go about my work?

"American Minority" said...

10:00am i am very intuitive, I can discern that you hate what you do and are envious of my tenacity. Look guy, there's testosterone you can take and a hos of other supplements to get you back competing at a normal pace. Here's a little profile I'm going to describe you with, Dale Hyman style:

Your a white male 50 or older. You grew up sequestered away from any diverseness, so you have the mind set of the Jim crow era, and you subconsciously think that all minorities are inferior to you,,so you exhibit that belief with your dismissive, red neckish, behavior.
You are not originally from Miami, you are from Northern Florida, or the Midwest, maybe even the Northeast, such as Boston, Mass.
Your lack of positive of casual interaction leads to have disdain and difficulty with your minority clients if you are an Attorney. You 95% of the time plea out your minorities because your less inclined to diligently represent them and are awkward when engaging in any dialogue with them or condescending at average. You have been called some derogatory names which most likely apply to your character and therefore is also exhibited towards me on this blog. Your mentality is "Hey what are you doing in my neighborhood pal". My reply is I live here Einstein. My car is nicer than yours ans so is my grass, kids, and house, now who's the idiot...?

9:34 Your brain doesn't work as fast as it use to hunh, tuff time winning trial lately, loose your train of thought sometime. Point is you either cant read or are just slow so I'll put it in caps for you and revise it, if you guess it, I'll pay for you a new AARP Membership.

WHAT IS THE LARGEST AMOUNT OF CHANGE ONE CAN HAVE, AND STILL NOT HAVE CHANGE FOR A ONE DOLLAR BILL???

CLUE: Take off your plea brain thinking cap and put on your trial lawyer thinking cap. You'll get it.

"American Minority" said...

10:03am Let me help you out pal you seem to be a nice guy. Let me help you think of a way to get this lovely young lady off of your mind:

First of all if this woman is as beautiful as I assume from your infatuation, then you better know you aren't the only man that's attracted to her. Depending upon what type of girl she is, wholesome or gold digging she'll either go for the highest bidder or the guy she likes the most, right? That's simple enough lets get a little more in depth. "You say your putting off work". That is a bad sign. You never let a woman know you like her that much unless she earns it and I'm not talking an all night marathon. Pace yourself because before you know it sugar can turn to shit real fast, and next thing you know you have child out of wedlock, end up in county court standing in front of Judge Don. S.Cohn listening to some bullshit description of your self you never heard before. Work always comes first never putt off work for a woman your dating. Hold the emotion, because it sounds like your diving in head first, and head first is never a good thing. As a matter of fact I'm feeling a little generous here I'll give you a tip: The more non-chalant your are with a woman, even if you like her the more they like you. (Everyone, wants what they can't have). So let her chase you bud, turn the tables around a little bit, save you some heart ache and gain some cool points. Btw don't commit, women are like dolphin fishing, when you catch one keep it in the water and the others will readily surround and want to be caught. Or you could always say to hell with my advice chase her ditch work, fall in love get married and be miserable, divorce hire Tonya Brinkley, have your wife ask for your boat, luckily the judge will answer no and then, you can split everything you ever worked for and pay through the nose for 18 years 22 if the kid goes to college. So there you have it 10:03 good luck.

Anonymous said...

American Minority @ 8:06-- Sometimes a woman is worth it just like a guy is worth it.

BTW- women are like dolphin fishing?
That is one comparison I haven't heard before.

"American Minority" said...

10:32pm, You must have never been dolphin fishing.