JUSTICE BUILDING BLOG

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. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, August 15, 2012

JUDGE LOBREE THOUGHTS.....

Anonymous said...
Judge Lobree,

Please know that you have quite a few people in our community who admire and respect you as a jurist. It is a sad day for our County to lose such an immensely talented and ethical jurist. Should you decide not to play this "game" again, please consider applying straight to the Third DCA, upon a vacancy. AFterall, it is only a matter of time before you get there anyway.

Wednesday, August 15, 2012 5:33:00 PM





We've always liked this scene from The Hunt for Red October.

Cream with that?  At the Waffle House located in the ironically named "Niceville", Florida, one woman patron poured coffee over the head of another. No arrests were made, nor did the waitress come by afterwards and ask "warm that up for ya?" 

61 comments:

CAPTAIN JUSTICE said...

Reprinted, with permission from The Captain.

THE CAPTAIN REPORTS:

JUDGE FLEUR LOBREE & JUDGE KEVIN EMAS .....

Judge Lobree suffered from the same defect has Judge Emas.

My history may be slightly off, but I believe that Kevin Emas had been appointed by Governor Chiles as aa County Court Judge in 1996.

In 1996 he had to run for his first time to secure a full term. He drew a challenger. Michael Samuels.

Emas is a very unusual name and the voters could not figure it out.

The results of that race were staggering:

COUNTY COURT JUDGE GROUP 14

Kevin M. Emas 62,563 40.74%

Michael J. Samuels 91,015 59.26%

Judge Lobree interviewed before the JNC in the Spring of 2011 and was immediately sent to Governor Scott. She was appointed and has been on the bench for just over one year. She is extremely bright. She handled appellate issues while working for KFR.

Hopefully, she will dust off and get back up on her feet, make an appointment to speak with now 3rd DCA Judge Kevin Emas and set a new course and direction for her career. One that may ultimately include a new run for office.

Emas did that in 1998 and was elected. Three years later he was elevated to the Circuit Court bench. And nine years after that he was elevated to the 3rd DCA.

Good luck to Judge Lobree in all her future endeavors.

Cap Out ....

Anonymous said...

that was a joke. right?

Anonymous said...

It is a shame that Judge Lobree lost..... a very talented Jurist.

Michele Alvarez Barakat remember ....Karma is a bitch.....especially with that husband of yours....

Anonymous said...

To continue the story ... Michael Samuels was a moron who subsequently lost his election ... and he won by attacking Kevin for having "defended criminals".

Ole Blue Eyes said...

Michelle Alvarez Barakat will forever be lumped in with all the other margianlly qualified lawyers who beat qualified incumbents. Who are they?

She is nice and easy on the eyes, though.

Anonymous said...

Although I am no real fan of Emas, I was disgusted when Samuels ran ads that said that Kevin represented "the bad guys" referring to him as a criminal defense lawyer.

Lobree is a good person and I hope she gets appointed again. After all, there are about 5 openings coming up.

Anonymous said...

We lose a good judge and we gain a good judge. One with trial expierence. The 3rd is the only place where Lobree would be safe. Her name is not fit for MIami judicial elections.

Had I known how great Lobree was I would have voted for her. I had no clue who she was. I voted for Alvarez, like Rumpole.

Anonymous said...

As an atorney who has appeared before Judge Kevin Emas for many many many years (not to age myself), at the county, circuit and appellate level;,and as an attorney who has come to realize how incredibly tough, yet fair, and incredibly intellectual and intellectually honest J. Emas is, and as one who has come to respect Emas as perhaps one of the brightest legal scholars in our State, Judge Lobree,
I would feel honored to be compared to him. That can only mean GREAT things for you. Sometimes our road is not what we envision but better than we could EVER imagine.

Anonymous said...

To 7:57 u have it wrong - We lose a GREAT Judge in Lobree and gain what we only hope will be a mediocre Judge in Alvarez.

Anonymous said...

Fleur Lobree is an excellent lawyer and will do fine. We are the losers. Barakat's legal skills are marginal,at best. You nwant pretty, you got pretty. Now don't complain when you find out she's in over her head.

POODLE POWER said...

Poodle Power. Don't mess with THE DON!
DON COHN FOR THE 3RD DCA AND BEYOND....

MAY THE POODLE BE WITH YOU.

Anonymous said...

To 6:31 PM, risking a personal attack by you on me, I want to say that I wish that we did not need to attack each other personally in order to get our respective points accross. There is way far too much crap and strife going on in this world to do that to each other. I am sure that Ms. Alvarez is a fine enough person and decent attorney (and I confess to not knowing who her husband is or why you do not like hime), however it is just very unfortunate taht she sought to replace one of the finest jurists in this County. As a County, we should build up our judiciary, not tear it down for mediocrity. Just my opinion.

Rumpole said...

The comment about an attorney who has suffered personal losses, while respectful. was just close enough to the line to make me uncomfortable. Please re-do it and leave that part out if you want it posted. Something about it- and I know you didn't want to offend on that point- just made me pause long enough to say no.

Anonymous said...

Having practiced in Miami for over 30 years, i have seen many judges, some excellent, some good, some mediocre, and unfortunately some horrible. Judge Lobree falls into the excellent category. Anyone who read the Herald endorsements, which Rumpole should have done before recommending her opponent, would have seen what we have now lost. I hope Judge Lobree gets another appointment, this time to circuit court where she is more qualified for. Then I hope the legal community will rally around her so she doesn't get opposition in 2 years and we will be able to reap the rewards of having her as a judge.

Anonymous said...

Judge Lobree is to Ms. Alvarez as
Judge Martin Kahn was to Mindy Glazer.
Judge Kahn was one of the most qualified judges to ever preside in Miami-Dade. He was removed from office and replaced by a lesser talent who at the time was reasonably photogenic. So sad that Ms. Alvarez chose to run against such a high quality Judge.

Anonymous said...

Anyone who chooses to run against a qualified Judge should be suspect. It's a dam shame but I know Judge Lobree will be appointed if she chooses to apply. I can only hope she still wants to be on our County Court bench because I am ashamed of whats headed up there now. But then you all voted them in............

Rumpole said...

9:08 , in considering this race today, I had the same though about Judge Kahn and his race.

Anonymous said...

It is very easy to get on the blog to bad mouth the candidates or shall I say the new elected judges. But as lawyers we have a duty to educate the public. For those that supported a candidate that didn't win and you thought should have, ask yourself if did you do all that you could do to help. I supported many of the winners and the losers as well. I worked a precinct and gave more cards than any poll worker and spoke to everyone. I saw many didn't play fair. I also called my friends that won to celebrate in their victory. And stood by those that lost.

To the winners, I wish you luck and will certainly give you a chance to prove yourself before I judge you. Everyone deserves a chance.

And to the losers it's not about the defeat it is about how you rise after it.

Cuesta and Alvarez you make me very proud.

Coppel you have incredible integrity and I know someday you will have the title.

Pando I will always be your fan.

And to those who are just haters next time put your money and time where your mouth is before you start the badmouthing.

Jefferson Knight said...

I agree, and my name is Jefferson Knight.

JEFFERSON KNIGHT said...

I don't understand the anonymous comments. Nobody should be afraid to speak up and say what all of us know: Judge Lobree is brilliant and super-qualified. She drew an opponent only because she is not Hispanic. She lost only because she is not Hispanic. This is a disgrace. Excellence should always be supported, without regard to race, gender, or national origin.

-Jefferson Knight

CAPTAIN JUSTICE said...


We -ucked up. One of our readers said it, not in those exact words. But it was OUR job to make sure that the best and brightest got our support for Judge. And it was OUR job to tell as many people as we could who those candidates were. Who else is going to do it. It may not have changed the outcome of this race, but it was still OUR job.

Here is what the Herald had to say about Judge Lobree:

Miami-Dade County Court Judge Fleur Jeannine Lobree has attracted one challenger, Michelle Alvarez Barakat.

Ms. Alvarez Barakat, 40, has experience in commercial litigation, foreclosures and tenant-landlord disputes, and she has worked on a contract basis with the public defender’s office in the mental health unit.

In this race, though, Judge Lobree, who was appointed to the bench last year, is our choice based on her stellar legal mind, vast courtroom experience and civic works.

We hope the personable Ms. Alvarez Barakat applies through the rigorous Judicial Nominations Commission process for an open seat in the future.

A member of the Florida Bar for almost 20 years Judge Lobree, 43, served as a prosecutor for nine years before being tapped for the Group 20 court seat. As a prosecutor she tried high-profile death penalty cases and screened cases for the office to file state appeals.

Judge Lobree also served about five years as an assistant attorney general, from 1992-1997, and was lead counsel in more than 350 appellate or other proceedings in state and federal courts. She has earned the support of top jurists like former Supreme Court Justice Raoul Cantero.

As a county court judge she has worked in both the criminal and civil division and was recently appointed as an acting circuit judge to preside over administrative and agency appeals, domestic violence cases and divorces. A cancer survivor, she says that journey taught her “both humility and strength” and she mentors other cancer survivors.

Anonymous said...

6:31pm to 8:58 pm

Remember " If the shoe fits wear it" ...our choices define who we are and how we are perceived.... she may be pleasant cocktail party company and willing to cut REGJB bottom dwellers their required daily tribute but remember "By their actions,not their words, shall you know them" ....KARMA is indeed a bitch

Rumpole said...

I am truly sorry I missed the Herald endorsement of Judge Lobree and said I was voting for Barakat, who seems competent enough. But clearly I was mistaken.

Anonymous said...

She sounds like a really smart government appeals lawyer.. She should get some expierence in the private sector and try again. In other words she should join the ranks of hater nation. You lawyers are a hateful bunch with annoyingly strong opinions.

Most of these comments however are written by judges who are terrified of opposition. Judges are politicians in Florida. They allow other lawyers to raise, in some cases, tens of thousands and then practice infront of them. This should not be permitted yet they all do it or at least would if they could.

Opposition is the nature of the business. So is victory.

Don't feel sorry for elected officials.



Anonymous said...

Who's going to join me for the pulled pork sandwich at Michaels Genuine for lunch? if you have to ask how much it costs, you work for the government and can't afford to eat with me.

Anonymous said...

There's still Waffle Houses?

DS said...

A few gems in the comments :

"It is very easy to get on the blog to bad mouth the candidates or shall I say the new elected judges. But as lawyers we have a duty to educate the public. For those that supported a candidate that didn't win and you thought should have, ask yourself if did you do all that you could do to help?"

I ask Those complaining How much did you donate to the non-winner? . Did you work a precinct and gave campaign info out and spoke to everyone you could about who you thought is the best choice?

"And to those who are just haters next time put your money and time where your mouth is before you start the badmouthing"

also

"I want to say that I wish that we did not need to attack each other personally in order to get our respective points accross. There is way far too much crap and strife going on in this world to do that to each other."

Mr. Knight Welcome to the Blog and nasty comments from the Anonymous.

South Florida Lawyers said...

We lost a good judge.

Anonymous said...

As prosecutors and public defenders and former prosecutors and former public defenders, we appreciate judges who have had real experience trying cases before juries. But the most knowledgeable in terms of the law are the SAO legal division attorneys and the PDO appellate division attorneys. They may not try cases or try them on their own, but they know the law. Knowledgeable and capable judges such as Judge Lobree deserved retention to the bench. Others (not necessarily those who had opponents this year) not so much.

Anonymous said...

Rumpole:

Lost in the kerfluffle over Judge Lobree's loss is that Hector "Big Kahuna" Lombana is 0 for 2 in the past two elections. Lombana took on Judge Newman with Manny Alvarez (a good guy who allowed himself to be used) and lost. Now Lombana took on Judge Lundy Thomas with John Rodriguez as his do-boy, and lost.

However, did Lombana really lose? Alvarez and Rodriguez lost, but Hector won. Sure, Lombana would have rather won those races, but in the end winning is just gravy. His mission was accomplsihed. Every election, Hector targets an incumbent to put through the election ringer, this allows Hector to flex his muscle. Next time he appears in Court, judges will bend over for him to avoid a challenge from the likes of Alvarez and Rodriguez. What is the opposite of a Pyrrhic victory? Is there a term of art for winning despite losing? I guess the closest we have is losing the battle, but winning the war.

To you, "Johnny" Rodriguez, thank you for foisting Tanya Brinkley on us. You would have beaten Tanya because you had the resources to keep up with her funraising. Instead, you allowed yourself to be talked into fighting someone else's battle and lost by taking on a well-liked incumbent who got the legal community to rally around her. Now we're stuck with Tanya....g-d help us.

Anonymous said...

What a f---ing joke! Maximum Miller stays on the bench - who will continue to treat our clients like cattle. And hack attorney Verde becomes a judge. We will all suffer.

Anonymous said...

Judge Lobree should have never chosen the type of campaign sign that was posted all over Dade County, it did not look professional, who thinks of having a flower on their sign? She was not running in the Miss America Pageant, a qualified Judge like she was should have posted a different type of sign.

Anonymous said...

A week ago, when early voting started I asked my mom if she and my dad wanted my suggestions on judges. After all, I've practiced for 20 years in the building and I've given them my opinions before.
No Thanks, she said. We asked for absentee ballots and already voted! WTF!

Anonymous said...

On last comment, Rumpole why would you support someone "who is competent enough" over a sitting judge, who was appointed and went through the grueling appointment process and who NO ONE said was incompetent or unfair, but rather wss extremely competent, ethical and fair. Also,7:22, Judge Lobree was in private practice, but decided that she wanted to devote her legal career to public service.

Anonymous said...

I know Alvarez. She is smart and nice.. She will make an excellent judge. You idiots make it seem as though being a county court judge is rocket science. It is not. It's kangaroo court.
Lobree was a career prosecutor. This is a criminal defense blog. Alvarez is a liberal. Who do you all think would be more apt to grant your motion to suppress on a possession of marijuana?
Cisco KId

Anonymous said...

Judge Lobree is not Brandeis. She was barely a judge and like all new judges, was learning how to do her job. However, she did not deserve opposition, as it is impossible to say she was doing a bad job when she was still learning. Many a judge has alienated attorneys when they were learning how to run a calendar, etc., but at the conclusion of their term had figured it out. The real flaw is the system which appoints a judge only to have them run for election within a year or two. Same goes for Wolfson. Challenge those who have been on the job for a period of time and done a poor job.

Anonymous said...

9:42 - This is Miami, so the candidate had to appeal to the lowest common denominator to get votes.

To all of you others, Rump messed up but won't admit it in such stark terms. From casually posting the names of attorneys on the registry to the latest snafu regarding this election, I think the old boy might be on the decline, must as his beloved Empire was years ago.

Hey Mr. Rumpole, do you think the Queen can give up the throne for a day or so, so her son can have 15 minutes to know what it is like to put his tuchus into the high chair?

Anonymous said...

So Cisco Kid:

You must not really care about the community, because all you care about is getting a jusge who will grant your motion to suppress evidence that your client committed a crime, regardless of whether it should be legally granted. If a motion to suppress has merit, I can guarantee that Judge Lobree would grant it.

Anonymous said...

For all of you who have a penchant for Cuban cigars / cuban women / and/or an unhappy ex-wife:

http://www.abajournal.com/news/article/attorney_faces_disbarment_for_smuggling_cuban_cigars_in_1990s

Anonymous said...

10:40, the answer is..Lobree. But you're too stupid to know that because you see the world as prosecutor v. defense attorney.

One question I haven't seen discussed here much: Why did Barakat run against Lobree? Did she do something in her 16 months to deserve opposition? (and I'm not interested in the "no one owns these seats" argument.

What's the answer? Therein lies the problem.

Anonymous said...

Losing Lobree from the bench is not the end of civilization, folks. She is just one of 120+ judges in the circuit.

And it is highly unlikely that the governor appoints her back to the bench. If you get decent reviews from the legal community and still cant prevent getting an opponent and then getting TROUNCED on election day, you're on your own.

Anonymous said...

I for one am very sad that Judge Lobree lost. I thought she was much more qualified and a better person. In addition I know she was already going through a tough time because she lost her mother recently. I agree that she should have won. I agree she should apply for re-appointment. She is very smart and very fair. God Bless You Judge and I know that the legal community, those of us in the "know" supported you.

Anonymous said...

You know what you need to stop with the attacks on Maria Verde. She is absolutely not a hack, she is very smart, and a kind person. She did not win just based on a last name. She won because the public believed she was qualified and they simply like her better! She is not arrogant, she is not a snob, she is humble and sweet and that came across very clearly, that on top of her capability. She worked very hard and was all over this county meeting people. She also started campaigning almost 6 months before Robert so she had that advantage also. So you know what deal with it and stop hating. Maria passed the same bar Robert did and is far from stupid. She is a real human being and a testimony to what you can do if you put your mind to it and you have faith. She was abandoned by her father and her mother died at a young age. Though she was born here she was raised in a foreign country and had to learn english. She put herself through college and earned everything she has. I for one am very proud that she one and I hope Robert runs again soon because he will make a great judge also.

Anonymous said...

Lets not forget Barbara Areces and Bruce Levy...

Anonymous said...

RE: Lombana. The opposite of a Pyhrric victory is "every cloud has a silver lining."

Anonymous said...

So Cisco, in response to your 10:40a.m. comment, I guess we can all rest easy because Alvarez is at least not to dumb to run a "Kangaroo Court" because "county court is not rocket science." Your words, not mine. Wow, am I proud to be a citizen of this county....

Anonymous said...

Dear Judge-elect Verde posting at 2:13.

You won, OK? Show a little class and don't come here tooting your own horn and giving your stump speech. You're going to be a judge in a few months and for six years, at least. You are going to have real people's lives in your hands. At least TRY to pretend that matters more than your own feelings.

(Whew -- if that post is an indication, you are really going to be vindictive and nasty once you get on the bench and realize you have some actual power, huh?)

Anonymous said...

Hey maybe Johnny lost an easy raise caused he pissed everybody off...Kinda like you REGJB bottom dwellers lawyers

Anonymous said...

No sitting judge should rest easy that they're not going to get opposition.
I think we should change the rules for judicial elections.
Require more years experience to start with.
Let the candidates fill out questionnaires like they do when they're looking for appointments; reagrding experence, qualifications, cases handled, etc.
Publish those.
None of this, I promise to be fair and serve the people crap.
I'm all for term limits also. I think two 6 year terms is plenty.

Anonymous said...

I wrote the thing about Verde not her. don't. assume anything. I know her very well. so shut up dumbass if u knew Maria u know she would not be bother replying at all.
she also doesn't even curse but I sure fucking do. so again I say GET OVER IT and have some respect.

Anonymous said...

Verde and Lobree were less qualified than their opponents. The fact that that they won reinforces the negative stereotype that Miami is a third world backward town where no Fortune 500 Corporation would dream of setting up a corporate headquarters here. One of the things Miami-Dade could do to build up the town is have a reputation for courts that are staffed by very strong, highly qualified judges regardless of whether they take a good glamour shot or have a strange sounding surname. It is to the long term advantage to this town to have the strongest judges we can find on the bench. Outsiders who give Miami-Dade a chance will benefit if they know that they may disagree with the a ruling by a judge but he/she was obviously talented and fair and knew his\her
job.

The other problem with having mediocre county judges is that County Court is a training academy where a really bright new judge can screw up but not do as much damage as he\she would do in Circuit and therefore really learn the job.
Having very well trained experienced Judges in Circuit has two payoffs.
1. It would not hurt for Miami-Dade to be known around the Country for very good Circuit Court Judges who can try a big dollar commercial dispute in a professional manner. Clean strongly staffed courts are good for business.
2. Miami-Dade is a Balkanized
County where some of the Criminal trials involve disputes that periodically trigger riots. Having
hack Judges on the bench is not good for business or ethnic harmony.
So if you really live in Miami- Dade and find that no Business wants to set up in Miami-Dade because it has a reputation as primitive, corrupt poorly run county with a court system staffed by political hacks don't be shocked. Some of these elections where unqualified
hacks eliminated strong candidates have implications beyond whether its amusing that a beautiful mediocrity can eliminate an average looking strong candidate.

Anonymous said...

First sentence of 7:42pm should read Alvarez not Lobree (that was a typo) of course you are free to disagree
and argue that Alvarez was more qualified. In any case county
court judicial candidates do matter
even if you as a lawyer don't practice there. And county court matters beyond the fact that being a judge in county court is not rocket science.

Anonymous said...

Why is the uninformed public left to elect judges?? THAT'S THE REAL QUESTION AND TRAGEDY.

W. Clermont said...

I liked Judge Lobree a great deal, and donated to her campaign. It is a shame to see her lose the seat, but I trust she will be right back in the thick of things, because she's too smart not to be.

Anonymous said...

8:24,
Because otherwise it's up to Rick Scott and the uninformed public picked him!

DS said...

Its called Democracy

Anonymous said...

It's really sad how some think that certain people are unqualified. Though it may be true for some, it's untrue when it comes to Maria Verde. What someone earlier posted is correct, she wouldn't put her personal trials and experiences in life out there, she's much more modest than that. Ms. verde strives on helping the community, she's done her fair share of community service work, even before rising to the top. Shes worked very hard, for many years. Please stop judging the ones who judge others' lives. While mr. Coppel is qualified to be a good judge, the community chose Ms. verde. She is an excellent judge of character. Some of you should look her up and do some research. She's honest and all you people talking smack will have to shut it when you realize what an outstanding human being we have working for our system!!

Anonymous said...

@5:27pm:

Ha! You truly don't know her, she is to at all a vindictive or nasty person. You are jumping to conclusions by even thinking she would do something like post on the blog because someone said something about her.Do you have any idea how much work it really entailed to get where she is? And how much more work to go, before she even takes the bench? Give it a rest. She'll be great and fair with everyone, you'll see!!!! Verde will prove u wrong!!

Anonymous said...

"grueling appointment process"

Yea, right. more like who do you know!

Anonymous said...

What I can't seem to wrap my head around is how everyone on this blog seems to have a crystal ball and the ability to perfectly predict the ability of a candidate before they have even begun their term. Competition is the name of the game in politics. There doesn't need to be a REASON to run against someone. Nobody was stopping Lobree from having people out there to campaign for her. Nobody was stopping her from getting out there and reminding people why she should be re-elected. The harder you push, the further you go. Barakat pushed, she won. If Lobree is talented, intelligent, and a fair judge, she will have her chance again. The immaturity on this thread is literally astounding.

Geniusofdespair said...

I voted for her and recommended her to my readers.