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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, June 26, 2012

PRESSURE

"PRESSURE (presh-er) The exertion of force upon a surface or item by an object in contact with it."
When Lyndon Johnson unexpectedly became the 36th president of the United States, he was faced on November 23, 1963 with multiple challenges. To reassure a nation, project confidence and calm, and start the logjam-stalled process of getting President Kennedy's bills passed- none of which a recalcitrant congress had deigned to do during 1963. In the space of 8-10 weeks, facing unrelenting pressure, Johnson lowered the budget 5 billion dollars, reduced the total number of federal employees, got an unpopular tax cut bill passed (ironically, in 1963 it was Democrats fighting for a tax cut to stimulate the economy while  being fought by conservative republicans who wanted higher taxes and no deficits) and got the most comprehensive civil rights bill passed in the face of southern democratic senate  opposition that had prevented such bills even coming up for votes in over fifty years. Viewed by liberal northerners as a fake liberal, and conservative southerners as a turncoat traitor to the south, Johnson had pressure everywhere he turned. And there was also that troubling issue with a small country called Vietnam. 


Joel Brown, the 4th administrative judge of the 11th Judicial Circuit (in our memory- Wetherington, Rivkind, Farina, and Brown) is facing pressures of his own to implement the new Limited Registry Act (LRA). The LRA a/k/a "the cheap two bit lawyers act")  provides for minimum wage level payments for court appointed attorneys (for example, $2,000 for a non-death penalty first degree murder case. Assume  200 hours prep time over two years and 25 hours in trial time, and five hours in post trial work, motions, sentencing,  yields  2000/230= $8.70 per hour). The law requires the administrative judge of each circuit to issue administrative orders implementing the act. 


On one  side Judge Brown has the Florida Legislature, backed up presumably, by public opinion firmly opposed to spending tax- payer dollars on criminals and their sleazy lawyers. On the other side is the criminal defense bar, warily watching the Judge, ready to pounce (presumably) with objections, motions, requests for hearing, lawsuits, appeals, mud wrestling challenges- basically all the tools in a trial lawyer's tool box/belt. 


Pressure cannot build forever. Even continental shelfs rubbing against each other in unrelenting slow motion for hundreds of years  (check out DOM's post on self pleasuring here) eventually release their pressure in the form of earth quakes.  When that happens nuclear power stations melt down and spill radioactive waste into the sea contaminating the seafood of the world's largest seafood consumer- just to mention one bad outcome of pressure. 


The rumor mill of the REGJB says that Judge Brown will release his administrative order and unleash fee armageddon this Friday.  Judge Brown for his part is as willing to speak with us on this issue as President Obama is willing to buy Justice Scalia a beer and chat  about his dissent in Arizona v. U.S (which you should really read.) 


Will Brown melt down? Will REGB lawyers be reduced to panhandling for scraps of fees- working for  an hourly rate less than the hotdog vendor on the corner or the janitorial staff that make our courtrooms so sparkling clean? 


What can Brown do for you? 
We shall see. 

33 comments:

old guy said...

Q. What can Brown do for you?

A. Put your trust in Uranus.

Fake Kenny W said...

First comment: Crude codswallop. Best digested with an aperitif like limoncello.

Anonymous said...

I disagree. Great reference to a little known and underrated movie.

Anonymous said...

The Real Kenny would know it is not an appertif. Limoncello is for after the meal, digestivo.

THE TRIALMASTER said...

You left off the best chief judge ever, The late, great Ed Cowart. He was succeeded by Weatherington, aka, "Weatherbird" to his friends.and I believe Gene Williams was the chief before Judge Cowart.

PCAC attorney said...

There are 150 attorneys on the wheel. Next week each and every one of the them will receive an email from the AOC. Each attorney will be asked whether they want to remain only on the General Registry or to be placed on the Limited Registry.

Please consider the bigger picture and please consider your ability to provide effective assistance of counsel to your client. Do not let the Florida Legislature win this time. Show them that we will not be treated this way.

Say NO to the Limited Registry. Choose to remain only on the General Registry.

Anonymous said...

Hey, limoncello dude - guess you never saw the classic movie: The Groove Tube. Crude or accurate? You decide.

Anonymous said...

It's the defense bar's fault. Ya'll got greedy. How many times have I seen a private attorney hired then ask the JAC for additional money for depos, etc...

Guess what? If they can't afford your total fee initially, I don't think you should take the case. And I'm not talking when you quote 20k, take 10k upfront and know you won't get the rest. If you only expected 10k then deal with it.

Re-codify the statutes. Make three level of misdmeanors so depos aren't needed on cocaine, hto, grand theft to like 10k, gta, possession of a weapon by a felon (constructive), no more felony marijuana possession (just trafficking and sale), etc...

Anonymous said...

Alex Hanna will give $250,000 to the 11th circuit historical society so that the registry is henceforth called "The Alex Hanna Most Excellente Limited Registry"

Fake Kenny W said...

I am neither a "dude" nor a "limoncello dude" nor do I watch swill with a patronymic appellation of "grove tube". Excuse me. My Jamaican Blue Mountain is ready for the french press. Go slobber up some starbucks at your trough you vulgarian lummox.

Anonymous said...

It all sucks, it's more of the war on the poor.

Anonymous said...

Ok. I'm done.

These types of stupid comments have ruined this blog.

Certain fake persona have brought out the occasional chuckle. These are just dumb.

Someone needs to start a new blog - members only.

I can't read this anymore.

Caffeine Carl said...

Jamaican Blue Mountain is the most overrated coffee on the planet. Batdorf and Bronson's Dancing Goat's Blend is far superior. This fabled blend is featured in espresso bars, cafes and restaurants across the United States that strive to create the “perfect cup”

Rumpole said...

7:45 - you get me 500 members to pay $10 a month and I will make the blog comments section private members only.

Anonymous said...

Sy Gear worked for about the same sums - his clients loved him and he was hailed as a hero on the pages of this blog. He had skills. Plus, if only a few people get on the wheel that will be very good for the few. That makes me, 1 percent.

Juanas Addiction

Rumpole said...

Sy never took a first degree murder for $2,000. His fees were more than most suspect. He referred me a murder case and told me to charge $25k. David S Markus would know better but I suspect he charged between 10-20 for most murder cases and 7500 to 15k for most other serious felonies. I know he only accepted cash. If a client showed up with a check he sent them to thr bank to cash it.

Anonymous said...

I know for a fact that Sy took a first degree murder case with no death penalty waiver for $5K (client convicted but no DP). This was back in the early 90s, and the client's brother wanted to hire me but didn't want to pay my retainer.

Anonymous said...

Nothing can beat Blue Mountain Coffee if you get the top growth beans--don't buy a blend, which will contain inferior lower mountain beans. The only coffees that come close for me are certain top growth Ethiopian coffees. All of the top coffess can (and should) be drunk without any sugar or cream.

Rumpole said...

Clients lie about what other lawyers are charging all the time as a way to get you to lower your fee. Unless sy confirmed it with you, you don't know for a fact.

Anonymous said...

Many will think this is poetic justice:

http://www.miamiherald.com/2012/06/27/2870294/miami-man-freed-in-controversial.html

DS said...

Wasnt Farina , also, a Cheif Judge BEFORE he left to California. That was after he was Mayor of Miami Shores in the 1980s ?
DS

Anonymous said...

rumpole u are way off on sy's fee quotes. he worked for less but the volume was loud. he was in trial 50 times a year. he was cool also..

10:48
you sound weak. go get a bondsman and build up your practice. sy did it!! next!!!!

Anonymous said...

Check your e-mails closely the new DCBA Bar poll is out and this time the BCBA has gone high tech and conducting ballots via -email.

Completely shocked said...

Third DCA reverses Judge Hirsch's Order dismissing possession cases today. Judge Rothenberg for the court. State v. Washington, No. 3D11-2244

Anonymous said...

How about starting with one member paying $10 a year?

You already do this for free, not sure why you wouldn't want to do an even better blog, without some of the stupidity.

There would be much less work to do anyway, without having to screen every stupid thought that comes to mind for every moron who reads this thing.

Anonymous said...

10:48, best coffees are Pilon, Bustelo and La Llave with espumita (foam made by beating sugar with a bit of coffee).

DS said...

Sy also did tons of Arthurs. Never needed disco because he saw it all before and watched the State play their hand in the Arthur Hearing.

He never envoked discovery so he did not have to share with the state. No Defense witness list, ect.

If you ever saw Sy in trial you know you saw an artist, a surgeon

DS

Trivia: name Sy's step-son

Anonymous said...

Except Sy never took depos and he tried cases from the seat of his pants ... not the most advantageous manner to defend someone's constitutional rights. While he was very entertaining and funny, I would never refer a friend or family member to him.

Anonymous said...

7:37
You are correct

Anonymous said...

Cuban coffee is crap.

Anonymous said...

Rothenberg took Milty to the woodshed for his decision to scrap Florida drug laws.

"American Minority" said...

Best Coffee is, Juan Valdez.

DS said...

&#&
If you have seen the State's case in Arthur Hearing, Do you need Depos. You have crossed the State's lead Det and uniforms so you know already what they have to say