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

Saturday, January 18, 2014

HAVE YOUR SAY

Have your say at the 3rd DCA; maybe yea, maybe nay:
Appellate Maven Roy Wasson sent out this FACDL wide email:

 Chief Judge Shepherd at  meeting this morning clarified the
way the new policy limiting oral arguments will be handled.  When the request for OA comes in, the clerk will continue to set all cases for argument.  About 30 days before the scheduled argument date, the panel will
review the briefs to determine if argument will be useful.  The attorneys handling cases that are not selected for argument will then receive a notice of cancellation of argument.  The cases will still be listed on the online calendar on the date the argument was originally scheduled, with a notation
"Argument Cancelled By Court."  That will enable counsel to see who is on the panel starting the week before the original OA date.


New Oral Argument policy: What say you? Yea or Nay? 

CAMPAIGN FUN:

 Wannabe Captain said...
Captain is not doing his job, so I will.

JUDICIAL CAMPAIGN REPORTS
As the judicial season begins, this is the way things stand today:

COUNTY COURT
Only 1 contested race (so far):

$ amounts are totals of candidate loans and contributions

Rachel Glorioso Dooley $12,390.00
Jacqueline Schwartz $231,031.00

CIRCUIT COURT
$ amounts shown are contributions/candidate loans

Group 16
Cobitz, Thomas Aquinas 2,725.00/10,000.00
Diaz de la Portilla, Renier 0.00/0.00
Millan, Stephen T. 1,500.00/0.00

Group 27
Gomez, Mary C. 5,690.00/0.00
Milian, Alberto 35,488.00/100,000.00
Perkins, Joseph David No Report

Group 58
Rodriguez-Fonts, Oscar 34,169.00/0.00
Ruiz, Mavel 6,687.00/0.00
Zilber, Martin 80,400.00/100,000.00

Fun Fact: Did you know judicial candidates use campaign funds to get their hair and makeup done? Jackie Schwartz spent over $150 of campaign funds getting dolled up for a fundraiser on 11/15. Funny story though, her fundraiser wasn't until Nov 21st. Ha ha ha. That Jackie. She's hilarious...

30 comments:

Anonymous said...

Who is joseph Perkins? Admitted to FB in 2007? He wants to be a circuit judge???? Very bad choice ....why would he file in this group? He will jump to a different group for sure .... Mr Perkins how many jury trials have you been lead counsel on?

CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

Group 27 Candidate Joseph Perkins .....

I thought just a few of our readers might ask those exact questions.

Here is my research on Perkins, and, after sending him an email, his response.

He filed in Group 27 against Gomez & Milian.

He has been a member of The Florida Bar for six years. He graduated from Drexel with a degree in International Area Studies and while there interned for a US Senator and performed research for a US Representative. He went to law school at Boston University. He was a student attorney representing indigent clients in immigration proceedings.

Currently he works for the law firm of Garbett, Stiphany, Allen & Roza, practicing in the area of complex commercial litigation, with an emphasis on representing small and large businesses, banks and financial institutions, and governmental entities, including the Federal Deposit Insurance Corporation.

Here are the questions I posed to him:

Every reader of our BLOG will be asking why are you running for Judge after having only six years of practicing law under your belt? Why not wait until you are a seasoned veteran attorney? Don't you believe that you need 10, 15, 20 years of practical experience before considering a run for Judge? Do you appear in Court? State or Federal? Have you ever tried a jury trial, and if so, how many?

HERE IS MR. PERKINS UNEDITED RESPONSE .....

I am running for judge as a seventh-year attorney because I am ready and able to devote my life to serving our community on a full-time basis. I believe the People of Miami-Dade County will entrust me with such honor based on the quality of my experience and other characteristics that make me well-suited for the position. Trial experience is one of the many factors our community will consider. I do have federal and State trial (bench and jury) and evidentiary hearing experience (six in total), and have served as lead counsel, co-trial counsel, and as second chair. (I also argued before a panel of the United States Court of Appeals for the Eleventh Circuit.) Another factor our community will consider is legal ability and intellectual capacity. My cases, which often involve high-stakes and last many years, routinely involve issues of first-impression, and I have demonstrated the legal ability and intellectual capacity to grasp quickly sophisticated legal issues. Our community also desires a judge with a reputation for strong character and integrity and even-keeled judicial temperament, which are, of course, essential to a functioning, well-respected judiciary. A judge with strong integrity sets aside personal prejudices, personalities and partisan influences. Although I will be firm and confident on the bench, I will always be humble, intellectually honest, and courteous to the parties and lawyers before me. My devotion to the improvement of the quality of justice is another factor our community will consider. I will work hard to ensure legal clarity and predictability in my opinions. In the private sector, I wake up early and generally work weekends, and as a judge I will continue to do so to enable me to issue opinions quickly, but only after (always) reading and considering applicable authorities. Finally, when choosing the next Group 27 judge, our community will consider the fact that I have demonstrated sound judgment in my personal life. I married my lovely wife when I was only 19, and we remain happily married nearly 11 years later. I got my bachelor’s degree when I was only 20 and my law degree when I was only 23. Thus, when our community considers, on balance, the quality of my experience and other characteristics essential to an honest, well-respected judiciary, I believe our community will entrust me to be the next Group 27 judge, and I look forward to the opportunity to serve.

Cap Out .....
captain4justice@gmail.com

Anonymous said...

Although trial experience is essential for a judge, why do some of you all harp on it so much, since the minute most "seasoned, veterans" get elected the last thing they want to do is trials!

Once the judicial robes come on, here come the arm twisting, endless postponements if dare say we the defendant(s) do not want to acquiesce to accepting a plea or "program"! Even the back-up & ROC court judges see trials as a mere nuisance to their personal schedules! There is only one judge that used to be a workaholic and would at times be starting a trial, while the jury was deliberating, and even he has mellowed out... LOL

Anonymous said...

Cut to the chase.

No one and I mean no one should be a judge after just making past 5 years in the Bar.

Look at Ed Newman.

Anonymous said...

SIX hearings! OMFG GET THAT MAN A ROBE!

Anonymous said...

Who's the original and real Intercontinental Man of Mystery?
Ronald Wilson Gainor
or
Jeff Filet o-Fish??

Rumpole said...

As I see it- Six hearings- the amount a PD or SAO does in a week. One appeal. And a few second chairs on bench trials and possibly a jury trial or two - all accumulated in 7 years.

And you want to be a judge?

I wouldn't hire you to be my latex salesman.

Almost makes me physically ill if it wasn't so common.
Go apply after a 100 jury trials which the average
PD gets in about 6-7 years. And figure 300 serious motions and 1000 hearings.

Anonymous said...

Well said Rump. The guy is a rank, inexperienced amateur. So he works weekends. Stop the F'ing presses!!! Who doesn't?

Anonymous said...

I agree this Perkins fellow sounds presumptuous. I don't agree that "jury trial experience" is the leading qualifier for judicial candidates. I think it's good judgment coupled with perspective.

I wonder if by your standards, gentlemen, would an accomplished ASA or PD with six years of experience, glowing recommendations and a track record of sound judgment and professional success be qualified to serve in County Court? Let's be honest, a County Court judge can't screw it up too badly. Would a younger lawyer on the County Court not be exposed to better seasoning and vetting than a ten or twelve year ASA/PD gunning straight for Circuit Court where they can do real damage if their judgment is unsound?

/s Electorally Curious

Rumpole said...

Tom Brady and Belichck have now lost how many AFC championship games and super bowls? Like 6? Big time chokers. Time to label them as can't win the big ones. Cheaters.

Anonymous said...

Rumpole - your Steelers have lost 7 conference championship games and 2 super bowls. Does that mean they can't win the big one? Ofcourse not.
It means they are incredibly consistent over the years just like the Patriots that you love to bash.

Rumpole said...

Wtf "my steelers"? Dolphins have always been my team. Brady and Belicheater are chokers. They keep losing super bowls and conference championship games. Can't win the big one is the tag that applies to those two losers.

Anonymous said...

Perkins would fit in perfectly. You have to love a guy with the ego to think his intellectual capacity is so great that he is qualified to decide issues being argued by attorneys with 10 times his experience. Reminds me of when I was a teenager and thought I knew everything..............

BTDT

Anonymous said...

Perkins- challenge a sitting county court judge - you and one sitting county judge that is up for re election were admitted to the bar around the same time,no????

Or....How about going into the schwartz race???

No one under ten years in the bar should run for circuit--- ever.....

Who is (mis) advising you??

Anonymous said...

You all take urselfs too seriously. perkins sounds like a fine young lawyer. Let him try for county court.

Anonymous said...

Two states legalize weed and those states going to the super "bowl". Coincidence?

Anonymous said...

Doesn't matter if Perkins has 6 years of 16 years experience.

A guy named Joseph David Perkins will never get elected en el condado de Miami-Dade. Unless this is 1964.

CAPTAIN JUSTICE said...


It's all about the QB. In the 13 Super Bowls from 2001-2013 seasons, in the AFC, Brady, Manning, and Big Ben have been in 11 of them. Flacco was the 12th. Name the other one, without using the Internet.

Anonymous said...

The only office for which I would vote for Mr. Perkins is "Douchebag Delusional A-hole of the Year."

Anonymous said...

Trial experience? To hell with that! How about some friickin' LIFE experience!

Come back after you've been around the block a few times, sonny.

Anonymous said...

Agree that he should be running for county and not for circuit. Agree that his statement to Cap, though well-written, comes of as presumptuous. Had he written that statement differently I'd be more inclined to be open minded about him.

That being said, look at some of the positives: First, he said that he works long hours and that he will continue to do so as a judge. Hard-working is a serious plus, and there's no reason to name names to know that some of our current judges just aren't that. Second, he says he'll write opinions. How many of our current judges do that, as opposed to simply signing off on whatever "proposed" order is put in front of them? Third, as I interpret his statements, he's done six evidentiary hearings. Honestly, you don't need to do hundreds to learn how to correctly and efficiently make evidentiary (and other) rulings from the bench. You hear moving counsel's argument, rebuttal, you reference a rule, and maybe you even do a quick Westlaw search (as I'm sure you know, many of our federal judges use Westlaw on the bench frequently when making evidentiary rulings). And then you rule.

It's legitimate to question the ego, motives, or thinking of a six- or seven-year attorney who is seeking a judgeship. After all, why not wait a few more years and gain a bit more experience and put yourself in a much better position to be a judge? But you are much of what you will be as a lawyer by that time, as well. A few more years of experience helps, to be sure, but I'm not so persuaded that it's the deciding factor.

Anonymous said...

I can understand that you may not have long hair, just a long memory. Thus, I'm going to enlighten you as to how HAIR appointments work.

First, hair appointments often take several hours (3 for me at a minimum) to cut, color and style one's hair. This is just to get out the gray and have a decent style (i.e. not looking like a mullet.) Note, my hair is very similar to the Judge ("controlled fuzcurljewish"- medium to long".)

Your favorite stylist may not be available on certain days, and salons are closed Mondays and often booked solid on weekends. During the week, the salon closes at 7pm, so going after work is not always a real option. Going before dinner is impossible. [Going anywhere after is bad....You will be late and hair will be sticking to you everywhere, you are lightheaded from all the fumes, etc. Plus, the last thing you want to do is sit for 3 more hours.]

Once hair is completed, assuming this is a blow-dry, the style can last about 7 days if you don't swim or go jogging in a rainforest. Hair can be touched up at home and look professionally done up to 10 days after the salon. (Scalp may itch, but can be done.) I've probably made a style last 14 days with the help of perfume which I would never otherwise wear.

$150 is cheap for this service. Even the Hair Cuttery charges close to $95 for all of the above (no tax and tip in that). Most stylists earn barely a living wage for this 3 hours of work since the salon is taking most of the money. I've not paid $150 for my hair appointments since 1997. $200 is cheap for me, $250 with tip for stylist and hair washer is a good deal.

I only do this about 4 times a year, but I would do it more if I gave more of a crap about how I look or had to speak to the public more. I usually get an appointment within a few days of a public speaking event since I'm told I am supposed to look presentable despite the fact that the reason why I am there is presumably to share my intellect and not my personal aesthetics. [Yeah, I'm bitter. &*^%$ you.] Also, I consider the hair appointment a "work" related event when necessary because of a speaking engagement.

I do not have the time ability or inclination to do my own color at home, and such attempts by color amateurs like me end up in horrible hair, defeating the purpose.

Accordingly, I do NOT believe Judge S's action warrants the implication that Judge S did something wrong. Getting her hair done by a professional (read $150) a few days before an event is something completely acceptable and probably necessary. Blame the sexist, racist, sex-object-driven society we live in, but not a Judge who needs professional assistance with her locks or the person who has no health care plan who makes her look [what others need to see as] "beautiful."

Just sayin.

Anonymous said...

That reminds me. I need to write a check to her campaign. I understand that Judge S. has been good in that position, and County Court is often under-considered when we think of justice. Traffic, small claims, and PIP is the Court of the "people." You can spend a week in her shoes and realize it is not as simple as it looks.

CAPTAIN JUSTICE said...


Also, to Wannabe Captain:

They say that "imitation is the sincerest form of flattery".

So, thank you for handling those fundraising/loan numbers with the candidates.

Happy MLK Day to all.

Cap Out ....

Anonymous said...

Anonymous said...

Two states legalize weed and those states going to the super "bowl". Coincidence?

Monday, January 20, 2014 9:20:00 AM

THIS POST WAS 7 HOURS (OR 3 MONTHS) TOO EARLY.

I want to be moron judge said...

Wow, I'm thinking about going to law school and right after I pass the bar, I think I'll just apply to be a judge. Hell, this guy has only been a lawyer for 7 years and has 6 total trials!!! Oh and his cases are high stakes and typically last many years. And? Every civil firm's cases do too. It's good for the billable hours to make the cases last long. Oh he must also have experience drafting important emails to the firm's clients and vast experience with filing motions to appear by telephone at status conferences. Woah. Future Supreme Court Justice on his way over here.

Anonymous said...

131 pm--go watch schwartz in court.....see how she treats people..."good" huh?

Anonymous said...

It's Joseph GLORIOSO Perkins, you fools

Ex Blackjack Dealer said...

I have read the email posted by the Captain and Mr. Perkins response demonstrates how unqualified he is to be a judge at this time. First, his experience is so limited that it is almost laughable that he refers to it as something that qualifies him to be a judge. Second, at age 30 his life experience just isn't enough to deal with the situations that he will confront in our circuit courts.

For instance, last week I was in Judge Lobree's courtroom , standing in the line, and an APD called a case in which the client wanted to fire him for lack of progress on his case. The person, who was in custody, had obvious emotional and pyschological problems. It probably took Judge Lobree 30 minutes just to deal with the situation. The courtesy, empathy and professionalism that she demonstrated when dealing with the matter was, in my estimation very impressive. After she was done and called my case i asked her "Does she still want to do this for another 6 years?" Of course I withdrew the question. The point being that presiding as a judge is more than an accademic excercise, you are dealing with real people and real problems. When I watch good judges work their way through problematic cases I realize I would never make a good judge as I do not have the temperment and disposition of someone like Judge Lobree or many others who serve in our legal system.

Being a judge, particularly in circuit court, is far more than an academic excercize or getting a high score on the bar exam. Judges are dealing with peoples lives, deciding where their children live, dividing up their assets, determining whether they go free or spend a bunch a time in prison.

6 evidentiary hearings in your entire legal career? ROTFLMAO. Hell I had criminal trial and two family law trials in December. The fact that you list that as a qualification demonstrates your lack of insight into the responsibilities and obligations of a judge. I really hope you get slaughtered in this election cycle and never become a judge. Mr. Perkins your a joke !


Anonymous said...

This Perkins guy is a fool. He probably seeking a raise from his present salary. Maybe Peckins should run against him. David is over qualfied to be a judge while this joker is grossly underqualfied. But since one of our current judges sold amway products and never set foot in a courtroom before being elected.In Dade County most are judges because they were failures or could not make it on their own in private practice.