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

Monday, November 26, 2012

ROCK-A-ROBIN

UPDATE: And just like that- a few strings pulled, a few CLE credits filled out, and our "now you see him, now you don't" ASA is back in court prosecuting. But is this the end of his troubles with the Bar? Stay tuned.

If you haven't done so already, you should follow us on Twitter @justicebuilding so you can read all the pity comments and ideas that cross our mind throughout the day and evening. 

NO TICKET-NO LAUNDRY; NO BAR LICENSE -NO PROSECUTION: 

Trivia question: Name the high profile murder case where an unlicensed lawyer gave the opening for the prosecution? 
Answer: The current murder case involving the disappearance of Rilya Wilson. Josh Weintraub gave the opening for the prosecution. Uno problemo: the bar suspended Weintraub this summer for failing to complete CLE credits. 
One would imagine the Florida Bar (Motto: "Welcome, now pay your dues") doesn't look kindly upon the practice of law of any sort while ones license is in a state of repose. 
Interesting side note: apparently a Miami Herald reader posted a comment on line,  in Ovalle's coverage of the trial, noting that Weintraub was suspended. Some people have way too much time on their hands. 

After following us on twitter, you should follow Ace Herald Reporter @Davidovalle305 who is currently tweeting the minute by minute events in the trial over the  (alleged) death of young Rilya Wilson as well as the stand your ground motion before Judge Bloom. The Rilya Wilson case, after lengthy voire dire (latin for "boy am I bored") is being tried before Judge Tinkler-Mendez. Michael Matters and Scott Sakin for the defense.  Weintraub and Weintraub, PC and David Gilbert, ASA,  for the state. 

Query: Is this veteran prosecutor Sally Weintraub's last trial? 
Query: When will Josh Weintraub be re-instated?  Has there been a mad dash to secure several hours of CLE tapes? Instead of preparing for closing argument, Mr. Weintraub will apparently be listening to the scintillating "Advanced issues in property deed recording for the solo practitioner" or some such nonsense. 

FYI: This isn't the first time this has happened to a Dade prosecutor in trial in a murder case. 

Rumpole's 6th rule of trials: Assume nothing; challenge everything. The only thing you waive/wave in trial is the American Flag. 

Our finger is on the pulse of our profession: and that's why we note that the number of LSAT registrants is at the lowest since 1999. (Hat tip ATL blog.

AU BON PAIN: OPEN! and bug free? 

See You In Court. 


34 comments:

Anonymous said...

KFR sleep @ the wheel folks. Bambi apparently not.

Big law Ass(ociate) said...

Hi from NYC Rumpole. It's snowing here this morning. Just quick note to let you know a bunch of us here at Cravath read your blog- a few partners too! Bonuses came out yesterday: a real disappointment from the early 2000's. 30K doesn't even pay for one of my kids tuition. But it's a living. Anyway, don't be insulted when I say we like to slum a bit with you and your blog. Keep up the good work.

Eye on Tannebaum said...

Rumpole- should Weintraub call the Q or Brian Tannebaum?

Anonymous said...

Weintraub should definitely call BT - he's the Man!

Anonymous said...

Karma; couldn't happen to a more deserving guy....
Who remembers the name of the "ASA" who successfully prosecuted cases and wasn't even a lawyer?

Anonymous said...

There is a waiver of CLE requirements if you had practiced for a Government Agency for more than six years before entering private practice. This may be a simple glitch with the FL Bar.

Anonymous said...

Josh is an idiot. The Bar must have sent him 10 notices and he ignored them all. I hope HE gets prosecuted for practicing without a license. Really, has he ever shown any compassion for the neligence of defendants?

Outgoing State Attorney Dennis Ward in the keys allowed his license to lapse too. It helped Cathy Vogel beat him in the primary.

Anonymous said...

No mercy for Josh. I have not enloyed working with him. He ignores everything the defense says. What goes around......

old guy said...

Frank Joyce.

LoyalAnonymousReader said...

I had a very different experience with Josh. I represented a government lawyer accused of serious child-related charges. In Josh, I found a prosecutor who listened and considered the needs of the entire family.

Anonymous said...

ASA who prosecuted but wasn't a lawyer? Gregory Lattimore

Gator fan said...



Mr. Feiler:

I have two words for you:

37
26

Eye On Q said...

12:29- no it was some other guy.

As to the quick re-instatement I guess we now know- he called the Q.

Anonymous said...

I'll be damned if ol'Joshie didn't pull a shumie on the Bar. Way to go boyza boyz.

JBB said...

12:29, you are correct, Sir. Abe assigned me and Andy Cotzin to conduct new pre-files on all of his cases and re-file Informations.

As Andy and I walked out of Abe's office on the south side of the 6th floor he bellowed, "Have fun, bubbies".

abe laeser said...

Frank Joyce was my "division chief" in County Court when I started. It turned out that he had only attended law school for three days -- and liked it so much he just went to work.

Yes, the Greg Lattimore story is also true.

...and there was also...

Anonymous said...

The whole CLE process is a money making joke. I wish the Bar would just bill us an extra hundred bucks a year and let us do our jobs without wasting our time with their ridiculous lectures.

BTDT

Anonymous said...

Michael Matters jumped the shark saying that Weintraub's cle credits amounted to the prosecution as unethical and wrong.

Used to think of Matters as a big-picture kind of guy - but he's just another bottom-feeder trying to get his lousy client off. Ain't nothing wrong with that as a job, but he's always acted like he's above the bottom-feeding tactics.

Not so much now.

Anonymous said...

Though I agree that Josh's error did not prejudice any defendants in any way and really is much ado about nothing, I don't fault Matters for making the argument (that is, afterall, his job). I find it sickening, however, that some are taking such pleasure in this. Really, the negativity is just unbelievable. Josh has served OUR community for decades. He deserves better than the abuse he's getting. The real question is why anyone thinks its acceptable for the Bar to continue requiring us to fulfill CLE requirements that we all know are meaningless. I learn far more by handling cases that any superficial lecture I've suffered through to make my hours.

BTDT

Anonymous said...

I attend Judge Bloom's lunchtime CLE's for the criminal law topics and I rent whatever $25 CD's they have at the downtown law library, the more hours the better even if they have nothing to do with the stuff I do just to meet the Bar's requirements as cheaply as possible.

Calli said...

Abe signs his name to his comments, and he delivers stories that preserve the rich history that makes the Metro Justice Building a more special and in my view more meaningful place than the more stately civil courthouse on Flagler Street (although in doing so he exposes himself, no pun intended, to stories that preserve the history between the public defender's office and the state attorney's office - Judge Sigler?), and so say what you will about Abe, but I say thanks.

DS said...

I agree BTDT. Stupid of Josh to screw up the CLE stuff, but No harm No foul.
I have Known Josh 20 years He is tenatious in court for the State ( if our Family were victims would we not want an aggressive ASA ?), but he's a nice guy over all, and getting alot of shit over this mistake.
Of Course if he was a Defense Atty w/ a CLE suspention , he'd be in deep shit.
Mike Matters HAD to raise the issue, especially in a case this important. Failure to preserve the issue would be a Rule 3.850, forsure.

Mr. Feiler said...

5 turnovers and execrable playcalling -- we deserved to lose. fire away.

Anonymous said...

The same Cotsin behind the revolutionary DUI Cotsin motions? I was up in the panhandle last week and a judge said he was reluctantly granting a Cotsin motion Those things are like zombies. Appellate courts keep killing them and they keep rising from the dead.

Anonymous said...

Jeff Feiler. The Intercontinental man of mystery and Colorado gentleman farmer.

Anonymous said...

No harm no foul ??
I have a client who didn't reinstate his driver license after paying some late tickets.
He was arrested next time he was driving.
What's the difference?
If it's against the law to drive while license suspended, no matter what reason, why is practicing law without a license different?
My client driving again didn't harm anyone simply because he hadn't paid the state their $60 reinstatement fee.

Anonymous said...

Thousands are criminally prosecuted every year in Miami for negligence crimes so, yes, it is funny and ironic when a prosecutor makes such a large mistake. How may times have ASA's told us that negligence crimes are just as serious as mens rea crimes?

Scott Saul said...

Don't criticize Josh for the CLE issue. If that is accurate that course numbers were confused , then the whole thing was inadvertent . That's an innocent miscue.

I have dealt with him many times over the years where, sometimes, the conflicts are easier to resolve then others. He's just doing his job. I had a very dividive , first degree murder case that he nolle prossed because of my theory of defense. Josh was as righteous and honorable as one could be . He injected his own morality and consciousness rather then following a protocol letting a jury sort it out.

The criticisms of him are unfounded. He has put in enough time as a civil servant to earn the benefit of the doubt.

Anonymous said...

scottie boy - good suck up pal. good luck getting that sweet plea deal youve been begging josh to offer.

Anonymous said...

I remember when a short male prosecutor years ago was a total asshole to everyone and wanted life in jail on misdemeanors.

I remember when a defense lawyer reported to his boss that he had out of state tags, after living and working her for over 8 months.

That is a misdemeanor.

What goes around....

Anonymous said...

LOL. Scott Saul as a suck up. Puh-lease. Everyone who has dealt with Scott knows that he calls it as he sees it. He was among the few I trusted when I was a prosecutor. If he thought Josh deserved a beating, he would have administered one.

It's a sad day when you can't say anything nice or supportive about someone without being called a suck up.

BTDT

Scott Saul said...

5:16,

I have never sucked up to anybody in the courthouse. That's how I have fun roaming the hallways, I march to my own beat.

i have been there for 25 years, observed a thing or 2, and an qualified to opine (and I put my name on my posts).

I haven't had a case with Josh in years but I have to call hings the way they are.

By the way, I am assuming you are a defense attorney. How does the typical liberalism we emulate to extend to an ASA when they are in trouble? You will be a staunch advocate for "Joe Shmo" off the street but not for a person that you have known for years?!

I stick up for a lot of these people not because I'm an ass kicker...but because I'm loyal

Anonymous said...

I am a defense attorney. (probably not the one scott was referring to)
Which is why I find it an even bigger problem that an asa had a problem like this and the SA's office is making it seem like it's no big deal.
When I do represent joe schmo off the street, the State (most of them) don't give a s** about the why or how of a case or whether there was a mix-up.
Sure, what you're arguing would be what I would say if Josh were my client. But what would (again, most, not all) the ASAs say if this were Joe Shmo?

Anonymous said...

932.........you're asking that question in a jurisdiction where virtually every first offender not charged with a violent felony gets PTI or a withhold? Come on.

BTDT