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, January 21, 2014

LUNCH AND LEARN

We received a few emails. One is about a CLE seminar tomorrow and one was a discourse between The Captain and a Judicial candidate.

CLE SEMINAR WEDNESDAY:





Not sure what a "DAO" is. 

Attorney Joseph Perkins is running for circuit judge. He has received criticism, including, in the comments, some from us. We say that at the outset to clear the air. We also have a policy of allowing individuals to have their say, unedited, and without, as Roy Black once said about us, "smarmy comments" or words to that effect. The Captain emailed Mr. Perkins and here is his response, without edits or comments by us. 

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. 

 We invite other candidates in the race, or any race for that matter, to email us a few paragraphs on why they have the "Right Stuff."

See You In Court. 



41 comments:

Anonymous said...

A total of 6 trials and evidentiary hearings? Wow.

Also, is he a carpetbagger or a Miami native?

Anonymous said...

I am still amazed that 30 year olds still believe they are mature enough, experienced enough and lived enough of a life, that they think they have the ability to stand in judgment of others. What has happened to our belief that with age comes wisdom.

I congratulate Mr. Perkins on his accomplishments to date, but is he really driving to serve or is he looking for a lucrative gig with some of the best employee benefits in the legal profession?

It is time to get back to where we were. It is time to encourage those who have reached a stage in their lives when IT IS TIME to give back for all that the profession has given, not those who want to take from the system.

I suggest Mr. Perkins spend a little more time learning his trade, experiencing what life is truly about, including raising a child or two, so he can have some empathy and perspective.

Anonymous said...

What a douche. Sounds like he's running for 8th grade class president.

And ps the dude has no experience . I've never heard of him .

HIGH STAKES! First impression ! Last for years !

Assclown

This is the crap on our state court bench.

More and more like Broward

Anonymous said...

Wow 6 trials and evidentiary hearings!!! What a joke. Larry, Moe and Curly running for a judicial seat. I lover Amerika! Only Peter "Camacho" Adrian is missing to complete the formula. Nothing surprises or shocks me in this Circuit. Consider the qualification and real life experaince of some of those who now sit on the bench. It used to be that those who sought a judicial possition did so after at least 20 years or more of real experaince, and had some empathy for life and the profession. Too many judges today have no real experaince practicing law or running a pracice. Even fewer have any trial experaince.

Anonymous said...

Look what awaits us

www.youtube.com/watch?v=40KJP2KoWH4

Anonymous said...

Out of Florida attorney here-sounds like Mr. Perkins does not lack in self esteem. Methinks he needs about 15-20 years of having it beaten out of him day to day before he has any business putting on a black dress!

Anonymous said...

Somebody should tell him that circuit judges don't issue "opinions."

Anonymous said...

By my calculations, every prosecutor and PD would be qualified to run for the circuit court bench after working for their offices for approximately 21 minutes according to Perkins' standards. Assuming, of course, that they can even compare to his intellectual prowess.

BTDT

Anonymous said...

This is a joke, right?

Anonymous said...

Does anyone know the room # to go to in order to get your court id's renewed ?

Anonymous said...

Does anyone remember the men and women who were judges in the 70s and 80s? Cowart,Smith,Orr,Rivkind Knight,the Kleins,Snyder,Morphonius and many more I can't recall off the top of my head. I remember when the youngest Judge was a 15 year public defender. Some of the kids on the bench now are great but even 10 of them don't have the life experience of one of the judges I mentioned. Judges should be seasoned not only in the profession but in life. The fact that this kid thinks he is qualified is disturbing enough.

Anonymous said...

I also remember judges who were old and were drunk on the bench.... MacKenzie, and that old bald guy in traffic court. (Both deceased)

Anonymous said...

You have admirable intentions but you are, nonetheless , very unqualified

These lawyers that feel it's cool/sexy/eccentric to be a judge at a young age diminish what a judge is.

It doesn't take a seasoned lawyer to call balls and strikes, run a calendar and precede over a trial however, when the intangible occurs (what they don't teach you at judicial college) , that's when you need the experienced , wise and prudent person

Anonymous said...

It's TAO not Dao.

Phil R

Anonymous said...

To Mr. Perkins, I have a few questions regarding your statement as presented on the blog, as follows:
"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.)"
I ask, enumerate the number of State and Federal Trials, explain what you did in each case and why you believe this is sufficient to state that you have "trial experience".

Additionally, when you state "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." Name which of your cases you were lead counsel where there were issues of first impression, or high-stakes.

Thank you.

Anonymous said...

Wow, 6 whole trials or Ev. Hearings.
DS

Anonymous said...

I heard a radio commercial for a nee food/ grocery chain coming to S. Fla. Manager Trainees start at $55K, Managers earn $85K plus profit sharing. All you need is High School diploma or GED. New ASAs or PDs must ask themselves go to Law School.
DS

Anonymous said...

I've been before Jackie Schwartz a few times in County Court. She treats litigants and attoneys very well. She's fair and compassionate. Say what you want about her but she's got my vote.

Anonymous said...

Forget the six hearings. This guy has an extraordinary ego just seven years out of school. I've never seen anyone with a big ego gain humility and tolerance when they put on a robe. If anything, the robe makes such people overbearing and intolerant of others.

Anonymous said...

You must be Jackie Schwartz bailiff or JA and really need your job! She is rude, seems on badly needed meds at times and was bad in civil court when she was in Coral Gables, but is worse now in Hialeah. Slom couldn't get her out fast enough out of REG since she was so inept!!! Talk about being the poster child/judge for term limits!

Anonymous said...

I had 6 motions to suppress and one jury trial as a law school intern for the PD's office. Tired of these young arrogant know nothing lawyers who think they have enough legal and life experience to be a judge. Now, get off my lawn!

Anonymous said...

you describe jackie schwartz as compassionate???????? LOLOLOLOL...i hope a third person jumps in this race

Anonymous said...

http://www.nytimes.com/2014/01/22/us/sexual-orientation-is-no-basis-for-jury-exclusion-a-federal-appeals-court-rules.html?hp&_r=0

Anonymous said...

Just to sum up: So experience is a necessary, but not a sufficient, quality to be a judge, correct? I mean, there are many attorneys with tons of experience who would be terrible judges, so experience alone can't cut it.

Anonymous said...

DS,
What was the grocery chain?
I could use a career change.

Anonymous said...

Commercial was on 93.9 FM
DS

Anonymous said...

Phil's lunch and learn presentation was excellent!

Anonymous said...

944....experience alone isn't a sufficient quality, but IS a necessary quality. Would you want someone who has handled six hearings in their seven year career to preside over a death penalty homicide case where a relative of yours was the defendant or a victim? I sure as hell wouldn't. Perkins is running for Circuit and that's what he'd have to do. RIDICULOUS.

BTDT

Anonymous said...

Second DCA has taken exception with Third and First and ruled that Miller is retroactive. Toye v Florida, Case No. 2D12-5605 (Fla. 2d DCA filed 01.22.2014)

Anonymous said...

One day our friend Perkins will learn an old life lesson: the more you know the more you realize how much you don't know. Put another way, the smarter I get the dumber I feel

Anonymous said...

Why does no one diss Rudy Ruiz, but diss Perkins? How old was Ruiz when appointed? How many trials did he sit first chair on.......be balanced people

Anonymous said...

How do we go about renewing the Court I.D.'s?

Anonymous said...

For the court ID's go to the 27th Floor of the 175 Building, where the misdemeanor DV cases are, with a check for $10.00 and a printout of your bar status showing you are still a member in good standing.

EX Black Jack Dealer said...

11:32, Judge Ruiz was around 34 years old when appointed to the bench. I would agree that it is a little on the young side. However, he comes from the Judge Fredrico Moreno tree , think Judge Antonio Arzola, therefore he has a good background.

I recently litigated a case against his wife and know that he has just started a family and he has good taste. My experience with Judge Ruiz is so limited I couldn't comment on his legal ability.

County Court is a completely different animal than Circuit. The complexity of the problems as well as the stakes are completely different as the potential effect a judge has on a persons life is completely different. If this J/O Perkins were running for County Court the objections would be a lot less.

In an fantasy world I would start all Judges in County Court and have them stay at least a year. I think Judges evolve over time and the experience would do them good. However, in the real world you can pay a filing fee, spend a bunch of $$$ on your campaign and get elected regardless of any qualifications. Think Judge Migda Sanchez Llorens who spent approximately 3 years gross salary to get elected to her seat and when she won was absolutely clueless on the bench.

Anonymous said...

Omg! Who will be representing the Bieb?!


DUI case of the millennium. Front runners:

1 Rief
2 Catalano
3 Q
4 Phil

Who will it belieb?

Anonymous said...

Who's going to get the Justin Bieber case? Will DOM be asked to make the transition from reggea to bubble gum pop or will the Bieber organization go for a big firm or a "DUI Specialist?"

Anonymous said...

Good point, 11:32. For the record, however, Rudy Ruiz is county.

9:44 here again. I personally don't have a major problem with his supposed lack of experience. There are sixth- and seventh-year attorneys who could judge well, and perhaps Perkins is one of them. And none of the comments thus far have actually given a *reasoned* explanation for why someone in Perkins's position *can't* make reasoned rulings; it's all a bunch of hyperbole.

It is fair to question his experience. But it seems to me that the bigger concern may be Perkins's ego or motives. There is something -- how do I put it -- unusual about a sixth-year attorney's seeking a judgeship.

Anonymous said...

For anyone who did not receive the Security ID Renewal Paperwork please feel free to email me at eddie@ariasandpereira.com (Rump, feel free to post the Renewal Packet on the blog).

Best,
Eddie Pereira
President FACDL-Miami

Anonymous said...

Tao of Cross seems like a pretty pretentious title.

Acatha said...

The 7 deadly sins
Lust
Greed
Gluttony
Envy
Anger
Sloth
Pride

Of all of them Pride has been the ruination of all

If it is felt that Perkin's ego is a problem now, what kind of shape will it become down the road on the bench?

Me said...

Too bad I have class on the 22nd.