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

Friday, February 07, 2014

NO MORE DELAYS

"There's no good reason good can't triumph over evil, if only angels will get organized along the lines of the Mafia." 
Kurt Vonnegut. 

Ok. Now the Herald is getting serious. 

In light of Senator Rubio's (R. Alternate reality) refusal to allow the nomination of Judge Will Thomas  proceed to the  senate judiciary committee (Motto: "We'll get right on it") the Miami Herald Editorial Board now has it's dander up. It's feathers are ruffled over this kerfuffle,  and they've had enough dammit! 

The Herald is calling for (steady yourself) an end (gasp!) to the delays in approving judicial nominations. Through some careful reporting and sophisticated analysis, the Herald is now prepared to say that politics are behind the delays in confirming judges. And they don't like it one bit:


These delays of nomination votes have unfortunately become routine in gridlocked Washington. President Obama is hardly the first Oval Office occupant to see his federal judicial nominations languish in the Senate. But really, senators, almost two years to confirm a single judicial appointment?
The delays are driven, almost entirely, by crass partisanship. The result is U.S. District Court vacancies that go unfilled, literally, for years. That’s justice delayed, justice denied. And it’s entirely the fault of the U.S. Senate.

Rumpole says:  Judges Beth Bloom and Darrin Gayles benefit from Senator Rubio's intransigence on Judge Thomas. 
Rubio got his pound of flesh and won't stand in the way of Bloom and Gayles' nomination. 

Life is all about the timing. 

Enjoy your weekend. 

See you in court. 

Read more here: http://www.miamiherald.com/2014/02/06/3917656/no-more-delays.html#storylink=cpy

43 comments:

Anonymous said...

Didn't the Miami Herald recently replace Myriam Marquez with Nancy Ancrum (an excellent journalist, by the way) as editorial page editor for the Miami Herald? Res ipsa loquitur!

MC Waste Services, Inc said...

"Life is all about timing" - life lesson to Judge Thomas. When under the microscope, act like an ameba being watched from all sides and dont over-think a sentence, be creative about sentencing, nor get emotionally involved in a sentence. The GOP wants blood, the GOP wants middle age white guys, the GOP will use excuses to stamp out obvious diversities.

This is our political reality.

Rumpole said...

I have two thoughts about Judge Thomas:

1) His sentences that have drawn scrutiny are the product of a great jurist- he did what he thought was correct without regard to outside pressure. For that he is to be heartily commended. And lets remember, one sentence was a death sentence for a brutal brutal kidnapping, rape and execution, and the emotion he expressed was for the victim, not her killer.

2) Thomas was NOT undone by his sentences or sentencing. He was undone by a whisper campaign about the way he conducts himself day to day on the bench- which is to be honest- by making life very difficult for the attorneys who appear before him. It's not about being tough on scheduling and demanding that lawyers do their work well and promptly- it's how you treat them. And Thomas has a dangerous and difficult propensity to cut lawyers off, be condescending at times, and appear to make up his mind in moments,even on complicated legal issues. This got back to Rubio.

This is a difficult criticism. Thomas is hardworking, extremely fair to both sides, very smart. It's not in the content, but how he packages it. He didn't need to tone down sentencing. He needed to calm down during calendar.

I don't approve of what Rubio did. We lost the chance to have a great judge on the federal bench. But there is more to this story than two sentences.

My two cents.

Anonymous said...

Rrumpole you are wrong about why he cried. He cried cause he had to order the death of another human. He also should have sentenced the man who hit and run to three years not one year. But for those mistakes he would be a federal judge.

Anonymous said...

Live by politics, die by politics. You become a judge knowing full well that your job is subject to the political whims of the voters. You then throw your hat into the ring to be considered for a federal judgeship that must be approved by, gasp, politicians, You cannot complain that you did not get the position because one senator, for political reasons, decided to withhold his support. There is not a shred of evidence that Rubio did not support Thomas because Thomas may be gay, If Thomas were a conservative and gay and a liberal senator refused to endorse him, would the molders of popular opinion be in an uproar? You know the answer.

Anonymous said...

“Life is all about timing... the unreachable becomes reachable, the unavailable become available, the unattainable... attainable. Have the patience, wait it out It's all about timing."

"Life is all about the timing, what's meant to be will always find its way."

Rumpole said...

I completely disagree. Thomas had no sympathy for the animal that kidnapped, rapped, and executed that poor young woman.

Anonymous said...

velvet glove mockery of the herald.

well done, sir.

move on all, thomas is a casualty of the political process. life goes on.

Anonymous said...

Thomas threw out the confession of the man who raped and murdered that poor girl, and was reversed on appeal. He races through calendar and trial without regard to the lives of the people involved. He is stubborn and arrogant. Please tell me how this made him qualified to be a federal judge. He does work hard, but so does a mule. Rubio got this one right.

Anonymous said...

Rumpole, you are spot on regarding Thomas' in-court demeanor. He makes snap judgements, frequently without an entirely fair recitation of the material facts. He accuses attorneys, either openly or by implication, of shirking their duties (Lord knows some deserve it, but it is a one-size-fits all in his court). He rushes both his calendar and trials to the point of absurdity. But I think, and I have only the vaguest of political buzz to which I am privy to confirm this, it was the sentence on the bicycler's death which sunk him. There are very powerful interests who were outraged by that outcome.
I note that there is currently a bill steam rolling through the early days of committee meetings in Tallahassee named after the victim in that case, Aaron Cohen. People can't line up behind the bill fast enough and are making claims about the law that reflect back on the sentence. Of course, the legislation will be positively worthless in preventing future tragedies of this sort, but judging by the way all the political class is claiming the new law will fix some perceived problem via enhanced sentencing, I deduce that Rubio was probably influenced by the same or similar forces.

Anonymous said...

Is it that hard to fathom that Judge Thomas' tears were likely caused by the circumstance; that is, the fates of BOTH individuals and their families, and the hand, to whatever extent, his honor had in the fate of the perpetrator.

Thomas is a compassionate human being.

We'd all be better off if we stopped judging (no pun) the emotional reaction of human beings to situations we are not in ourselves.

Anonymous said...

Thomas is an outstanding judge! That's all that should matter

Anonymous said...

Finally the truth. Thanks Rumpole.

Rumpole said...

Obviously my comment at 10:42 Am should be
"raped" that poor girl.

Anonymous said...

rumpole - the judge cried twice not once. both times bc he is against the death penalty.

but yes, it was the bike case not the crying.

MC Waste Services, Inc said...

Rumpole, though i am a garbage man i know the facts of this case, and so should u. In the Cohen bicycle case Thomas cried because he was convinced by the Defendant's attorney that a state prison sentence was tantamount to a death sentence bc the defendant had a rare immunological situation making the state prison system and available medical care likely to kill him. At the sentencing hearing the judge stated that the previous weekend Thomas had just attended a family member's funeral and hated to sentence another human being to death in this way, so he crafted a sentence which included no state prison time. The facts matter at some point, they do on the garbage truck anyways.

Anonymous said...

Talk to the PDs or ASAs who have spent countless days running Thomas's calendar, and who would be the most obvious targets of the "condescension" you describe.

Im sure you'll see that these same PDs and ASAs (and regional counsel) were among the loudest supporters of his nomination.

Anyone who has worked in front of Thomas knows that he is hard-working, fair to defendants and the state, takes no guff, and follows the law, informed by his conscience.

This is all water under the bridge now, but I was saddened to see you Rump engaging in your own whisper campaign.

Anonymous said...

‏@w1651999 19h
i love you shumie💜
Expand

Anonymous said...

What happen to Thornton? Who did he upset?

Secret Judge said...

Without providing a clue to my identity, I can disclose that a close aide to Senator Rubio (who I have known for almost 20 years) regularly consults me with regard to Dade Circuit Judges who are nominated to the Federal District Court. I did not know Judge Thomas personally so I decided to spend some time observing him do calendar. I was aghast in the manner he displayed in conducting calendar. He constantly cut attorneys short and acted like he was late for a meeting. Sensing he was just having a bad day I returned for a second time and observed him giving an even worse performance. I then observed him for a 3rd time in voir dire. His treatment of the trial attorneys was rushed, unseemly and unprofessional. Accordingly, I advised my friend that Judge Thomas, at this time, was not worthy of a Federal District Court appointment.

you know who said...

You're a slug and I hate you.

Rumpole said...

I really wonder if 12:06 is telling the truth. if they emailed me I would assure confidentiality.

Anonymous said...

Rumpole, 12:06 is absolutely telling the truth, and anyone who has seen J Thomas in calendar knows it. He is a good guy, and hard worker, but lacks the maturity and patience to be awarded a life-time appointment. Maybe at some point in the future he will have earned it, but for now, he's too full of himself to be a truly excellent judge.

the trialmaster said...

So, the feds get a black gay male anyway. Thomas is a quality good judge. On the Dade County bench that is a rarity.

Anonymous said...

Thomas would have been a good federal judge. Secret Judge is a hater. Thorton is too old. Bloom and Gayles are both humble people. Lets hope they dont change. What a great time this must be for them.

Anonymous said...

Rump, let me join the chorus about Thomas. Some time ago he and I had a confrontation over the accident report privilege in a probation violation hearing. He refused to accept that it had no exceptions. The State did not argue, and after researching on his computer in the courtroom for 15 minutes, the State finally said I was right. He admonished them and said "Don't ever do that to me again!"

He is arrogant and quite full of himself, to the likes exceeding Kevin Emas, Alan Schwartz, Milt Hirsch and others. I know we seek diversity when we can, but Thomas was never qualified for the Federal bench.

Anonymous said...

REN was out of control this weekend. Long lines. Limos around the block. Super hot babes flashing the bouncers to get in. Hottest club east of TAO in Vegas. Harder to get in.

Anonymous said...

Secret judge is full of if.

Anonymous said...

lets all admit it, if a Judge is that rude and disrespectful when he has his palms out for $500 checks and a good bar poll rating, imagine how insufferable he will be with a lifetime appointment.

Anonymous said...

Has anybody seen Tom Cobitz's contribution list? He has like $400k in loans. Should empty that race out.

Anonymous said...

12:06's anonymity cannot be too much relied upon if he is claiming to be a "judge" who happened to sit in the back during multiple calendars and also somehow sat in on a voir dire. Where the fuck did he sit, as Thomas's courtroom was certainly filled with the venire?

More likely he's a private defense attorney who didnt "like" that Thomas's own voir dire is comprehensive and so he doesnt sit idly while the venire's time is wasted while the defense counsel makes the same points over and over.

Anonymous said...

"the Miami Herald Editorial Board now has it's dander up. It's feathers are ruffled over this kerfuffle"

"Its" is possessive. There's no apostrophe needed. It's is a contraction for "it is."

Anonymous said...

From all these comments about demeanor, it seems Thomas would be perfect for the federal bench. He would fit right in with a large percentage of those who now sit.

Anonymous said...

Where was the Herald when Miguel Estrada was nominated?

Anonymous said...

So Rubio lied outright to his constituents and the American people about his reasons for blocking Thomas? Not that it would suprise me that he is a liar but I find it curious that Rumpole and others are peddling this crock of shit to defend the senator. The truth is that he blocked Thomas to appease his radical right base and hopefully avoid being primaried. I say hopefully because now Obama has him cornered. He either confirms being a rascist and homophobe by blocking a second gay black judge or he pisses off the tea party jackals by cooperating with Obama in the elevation of a gay, black, democrat. This bullshit about Rubio offended because some unprepared lawyers are being hurried at calendar is offensive and a stain on Rumpoles honor.

Anonymous said...

2/9 at 11:43 - John (Thornton) did not piss off anyone. He is just too old. It is hard to imagine that 63 is "old" since I am the same age, but, in terms of appointments to the bench, it is true. He was the best choice of all who applied as far as temperament and legal acumen, but his age stood in the way.

Rumpole said...

In response to the comment about an individual lawyer whose difficult appearance and physical condition make is such that they shouldn't be appointed. I agree with you. But this is not the forum and I don't want to hurt anyone. Go see Judge Safyie and tell her.

Anonymous said...

I am happy to speak on this or any other matter of media concern. DJ Mike

Anonymous said...

Gotta agree with 12:33. Spot on, mate

Anonymous said...

I'm a little bewildered by all the Thomas shittalking at this point.

Anonymous said...

Rumpole is correct, as is secret judge. There are a number of civil attorneys who were not shy about voicing their disapproval of judge Thomas to the JNC. It's one thing to try to whip 2nd year ASAs and APDs who appear before you every day into shape in an effort to maintain a manageable criminal docket. It is quite another thing to berate seasoned and respected civil attorneys in the same fashion, and not expect to hear about it. I saw it happen once, and I heard about it happening many other times.

Anonymous said...

The only good thing about Judge Thomas being passed over is that we get to keep one fantastic judge on the bench. He would have been wasted in federal court. Anyone can preside over criminal cases where the prosecutor shoots a dead fish in an empty barrel and then wins the game.

Anonymous said...

Anyone who knows Thornton knows he will work well into his 80s, if not 90s. He did not get passed over because he is too old (it may be a factor, but not the determinative factor). He got passed over because, as the White House has openly admitted, a diverse bench is a priority. With Bloom and Gayles taking the two seats, Thornton may get his chance with Rosenbaum's seat.