When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
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.
Thursday, November 15, 2012
JUDGE WILL THOMAS GETS FED NOD
Circuit Court Judge Will Thomas was nominated to the federal district court by President Obama.
An article announcing the nomination is here.
The best thing about being nominated for the federal bench?
You get a cool packet of stuff including an 8x11 signed photograph of the current chief judge of the southern district, suitable for framing, a "Honk If You Love the Senate Judiciary Committee" bumper sticker, and a groupon booklet of deals, including half off your next 16oz frozen yogurt at TCBY. Also, the life time appointment doesn't suck. Good luck Judge Thomas.
Dolphins play the Bills tonight. For the up and down Fins, having been thrashed at home on Sunday, now is the time for a bounce back.
Does anybody remember how Judge Robert Scola handled his calendar when he was in the REGJB? We were thinking about this other day for no particular reason. He scheduled most of his arraignments and motions and miscellaneous items on Friday. His Monday through Thursday calendars were very short and he had plenty of time to try cases. Judge Scola was thinking outside of the box.
Or how about this: Take a rotating group of county court judges, say one every two weeks, and have them handle about 500 arraignments a day- arraignments sent from divisions. This would give division judges more time to handle motions and trials. And it would give the judge handling the arraignments more time to talk to lawyers and clients about the case and help arrange an early settlement of those cases that could be settled. It might be a good idea to try it for a month or two and see how it works out.
What is clear is this: the current system we have is 1970's thinking and it's now 2012. Change is the price of survival, otherwise we'd still be dancing to disco at Biscayne Baby's, using our Betamax, driving an AMC Pacer, filing pleadings on paper (oh, wait, we still do that) and typing on an IBM selectric.
See You In Court.
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37 comments:
Congrats to Will!!
Rump, you old dog. I bet you scored as well as I did at Biscayne Babes.
Rump
Arraignments take 15 minutes , Arraignments dont tie up court time so there are not trials.
Lets get real. What this means is that I edge up on the seniority chart. Thomas's chambers are 2.4 sq feet bigger than mine. I measured. And size is everything.
I disagree DS. I walk into court at 10 and still see judges on arraignments. Plus I am saying arraignments and miscellaneous motions, like motions to compel discovery, motions to travel. Plus arraignments on PVHs take time and many of those can be resolved, which also takes time.
Imagine a calendar with two arraignments, two pages of misc, and then trials. I wonder if you could....
Mr. Justice Will Thomas?
The best part of that 911 call from that bimbo in Tampa is when she mentions she is an honorary consulate member and asks for diplomatic "inviolability". This big racked idiot doesn't even know the phrase is diplomatic immunity. That being said, if she dumps her husband because the mortgage is in default, I have a nice condo at Williams Island which she might like. And it's paid for.
Sorry about the word verification. I'm getting about 20 spam comments an hour, so some bot found the blog. After a few hours or a day this will stop it and I will remove it.
I'm a gay lawyer and I didn't know Will is gay.
Good luck Will!
I agree with Rump DS. Arraignments can take quite a while when you are conveying pleas, negotiating with the prosecutor and taking with clients. But there is no reason for it to take as long as it does in most divisions. If calendar starts at 9am, then there should be a jury walking in by 10. All substantive motions should be set on a Friday.
Really 8:04. That's how you want to be known? As a gay lawyer? Funny, because when I meet people who ask what I do, I never say "I'm a straight criminal defense lawyer." i doubt Judge Thomas or any Judge wants to be known by their sexual orientation. So while I understand your comment was meant well, I am drawing the line now: I will not post endless comments on anyone's sexual orientation unless it becomes an issue. I know I did a link to the story, but it is the only story the Herald had and i have been second guessing myself all night.
To my former trial partner who left an indelible impression as a human being, CONGRATS WILL!!!!!
Judge Thomas's sexuality is so much an issue that the Herald gave their "gay beat" guy a byline on the story.
What a piece of shit paper.
Mr. Rumpole: a judge being nominated to the federal district court usually does not make national headlines like Judge Thomas did. Why? Becuase if he passes the Senate he will be the first openly-gay African-American judge on the federal bench! So the judge's sexual orientation and race is both relevant and newsworthy on a national level. I don't define judge Thomas (before whom I successfully tried a case and have appeared dozens of times in a complex civil case) by his race or sexual orientation; notwithstanding, as a gay attorney myself, I am very proud and excited about his nomination, as is apparently the poster at 8:04.
Great for Thomas. A great guy and a great judge.
Rumpole,
There's a difference between being known as a gay lawyer/judge and being a lawyer/judge who happens to be gay.
Although I'm not gay, I grew up around many gay men and women who have horror stories about their childhoods. So, I think it is important that there be strong role models for those kids in all walks of life and all professions.
So what's next? The first openly gay asian judge? Then the first openly bisexual mexican judge? A person's sexual orientation is as relevant as the brand of beer they drink. Quite frankly I judge a person more on the beer they drin than who they just slept with. But while we're on sex, should frequency be an issue? Judge XYZ has been nominated to the supreme court. He has sex with his wife five times a week. The judge will replace judge scalia who is retiring and who in later years had sex only once a month. Really- once you open the door where do you deaw the line?
10:20. Does the fact you share the same sexual orientation mean that Judge Thomas will be good? Would you still be proud if he decided to trash the exclusionary rule and deicided not to suppress statements but fine police officers who don't follow Miranda?
I doubt the Judge Thomas' race and/or sexual orientation had anything to do with this nomination. He is smart and probably the hardest working Judge in the state court system. He has earned the nomination on merit and will be a terrific federal judge.
Let's not create a straw-man argument here--nobody has said that he was nominated because of his sexual orientation or race. Some fellow members of the Bar who are gay are commenting on how proud that makes them that an openly-gay jurist was nominated. To the extent those comments make anyone's heads explode, that's their problem.
Why is his sexuality even mentioned? With the amount of hours he works, what time does he have for anything else?
This whole debate about his sexual orientation is so stupid. Almost all of us who practice in REGJB knows that he is gay. And not one person who you talk to about the kind of judge he is ever mentions the fact that he is openly gay. He is not the only openly gay judge in our circuit. Let's just be happy that there will be a judge on the federal bench who truly believes in a defendant's right to a fair trial, who will grant motions to suppress, who will hold the FBI and AUSA's feet to the fire and will demand that federal defense attorneys try there cases instead of turning all their clients into snitches. Hooray for the 4th and 6th amendment because Judge Thomas will breath some much needed life into it.
It's not just a judge's sexuality that we talk about when they get appointed. When Judge Jordan became the first Cuban judge of 11 circuit, why did his nationality matter? When Judge Esquiroz (may her name be a blessing)became first Cuban woman judge, why did nationality matter? When Judge Seraphin was appointed it made the news because he is Haitian. For Americans who consider ourselves so open minded, we label people and categorize them in many ways.
Judges should ONLY only be vetted on how they're going to be as judges. None of that other stuff should matter as far as the appointment/election process. However, I think it's important for the public to see that people in groups that were previously disparaged and ridiculed are just like everyone else.
Judge Thomas is one of the best judges that have ever been at REG!
Race and sexual orientation are only relevant when you question why Judge Thomas was appointed over the other finalists. President Obama's comments confirm it was not just a matter of fitness or qualification for the position, but one of timing.
This appointment is great news.
When Judge Thomas was new to the civil bench, after a legal career largely devoted criminal law and a stint on the criminal court bench, I had a hearing in front of him and he said an amazing thing to me and the other attorney, something that judges hardly ever say: "I don't know much about this particular area of law. Can you two stay until the end of the motion calendar and explain in more detail?"
Smart, decent, decisive, humble.
He's going to be an outstanding District Court judge.
Will Thomas gives good trials. . Also He Does Not Punish a Defendant for being found Guilty.
Hw punishes a Defendant for what He Did.
Thats what matters.
I have to say I am impressed with the comments today. And a bit sad that no one commented on the Biscayne Babys jacket. Oh well.
How unoriginal. A Master Calendar which was proposed by a former County Court Judge who everybody thought was just being contrary and self-important. Of course a Master Calendar is needed and even on a rotating basis of a pod of Circuit Judges, 4 or 5. Each doing one out of every 5 weeks on Calendar duty. Motions, arraignments, probations hearings, etc. Let judges try cases for four weeks.
But then again, I was just a self-indulgent and egotistical judge.
I really hope Judge Thomas is reading these posts and see how highly we all think of him. He can be a pain in the ass sometimes, a little dramatic, but all in all he is a fine jurist. I couldn't be happier for him.
500 arraignments? That's just stupid! This blog has just gotten really dumb under the new management.
Judge Thomas deserves it! He is one of the smartest people on the bench, so happy for him.
The fact that you still own that jacket is disturbing.
Rump
Even if the morning calendar took ALL MORNING , Judges could try cases in the afternoon. You remember, like the old Afternoon backups.
Even w/ only afternoon trials Judges could try at least One if NOT TWO C cases a week.
Remember when Knight and margolius had calendar complete and Venire panels down by 10 am?
HERE is a legal laugh
From The New Times :
Florida is currently in the throes of a full blown, naked ladies on roadsides apocalypse. For the second time in just over a week, a woman has been arrested for getting naked and causing a traffic hazard. And the threat is getting closer. The latest incident happened in Broward County.
On Tuesday at about 5:40 p.m., Tracy Mabb walked into an intersection in the 800 block of South Dixie Highway in Pompano Beach and began to take her clothes off, according to the Sun-Sentinel. She first started by pulling off her top and revealing her breasts, but didn't stop there. She also gave drivers and pedestrians a full view of her "vagina and buttocks." The arrest reports claims that she did so with a "complete vulgar and indecent manner."
When confronted by police, she refused to put her clothes on, and shouted, "I don't give a fuck."
Well, clearly no fucks were given.
Last week near Orlando, another 35-year-old, bleached blonde lady, Ashley Holton, pulled a similar stunt when she pulled over on a highway, stripped down, and began to pleasure herself.
Margolius, So Ric
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