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

Tuesday, May 27, 2014

POTATOES

UPDATE: HERE'S THE A-FORM (THEY CALL IT PC AFFIDAVIT IN BROWEIRD) FOR THE JUDGE. The Judge refused to provide a urine/blood sample. She blew a 0.00 and she took a bizarre selfie-video earlier in the morning as she ran off the road on I-95. Clients! whaddya going to do? 

UPDATE: JUDGE LYNN ROSENTHAL ARRESTED IN BROWARD FOR DUI AND POSSIBLY LSA. The JAA Broward Blog has all the details.
With all due respect to our Broward colleagues, it's a miserable place to work, populated by unhappy people whose only joy in life is bringing misery to others. It is therefore not surprising to us to see that the Broward Judiciary has a substance abuse problem. Being the way that they are has a way of taking a toll on a person and catching up with them. Karma Kramer.


Judge Ric Margolius, Ret. (SA) saw fit to write into the blog last week. We generally will re-post anything a judge submits, especially if he is in a cantankerous mood:



Ric Margolius said...
This is only the second time I have written to the Blog since as a rule I avoid the juvenile nonsense that masquerades as legitimate discourse. My judicial career is 33 years wearing the robe and over 500 jury trials as a ASA, PD, County Judge, Circuit Judge and Senior Judge. Respectfully, anyone who advocates a sounding calendar is a blithering idiot. They simply serve no useful purpose. A complete waste of time and money. Disrespectful to the private bar, and takes valuable time away from the pit attorneys who need that time to prepare their caseload. I spent 15 consecutive years in 4-6 (the longest continuous tenure in criminal division in the history of the MJB) and next to Rob Pineiro (bless his soul) had the lowest case load year after year after year. How did I do it? Simple - never granted a second continuance except in exceptional circumstances. I wasn't there to be popular or win friends. You can all go screw yourselves was my motto then and that continues to this day. Ask any PD or ASA who worked in my Court, how I handled the caseload which NEVER exceeded 599. Thanks for reading, now you can all go back to writing about your imaginary nightclubs, imaginary trial lawyers and your sex lives which exist only in your imagination.

Friday, May 23, 2014 8:47:00 AM
 Delete


Rumpole notes: It's hard to read between the lines of this comment, since the good judge-as always-tends to moderate his comments so as not to offend anyone. But in our expert opinion, he tends to slightly disfavour soundings. 

Miami Herald Reporter/Tweeter/TV Star David Ovalle posted this picture of REGJB lawyer Simon Steckel inspecting the damage to his rental vehicle in NYC.  The driver of the ATV, who was fleeing from NY's Finest? To quote  Hans in "Die Hard", "He won't be joining us for the rest of his life."






JUDGE $USPENDED.
Embattled Broward Judge Giselle Pollack was suspended without pay by the Florida Supreme Court on Friday. Tough way to start the holiday weekend. The order and related docs from the Florida Supreme Court are here.  H/T JAA Blog. 

Rumpole and Scalia agree: We both dislike the proposal to reduce law school from three years to two. The Justice made his comments in a commencement address at William and Marys, reported by the WSJ Law Blog here. 

Short week. Summer is here. 
See you in court. 








23 comments:

Anonymous said...

What a jerk.

Anonymous said...

His comments demonstrate the contempt that judges feel for the lawyers ands justice.

Anonymous said...

Just got appointed to a client named Phineas. Made my f'ing day. Love this guy.

Anonymous said...

Ric Margolious was always an a-hole and an embarrassment to the profession. That ridiculous band of his..... What a jerk

Heat fan said...

For the fourth straight game, Heat bench outscores Pacers bench. This time 26-23. And with Chris Bosh having the best game of his playoffs, the Heat are one game away from returning to the FINALS for the fourth straight season.

Only the Lakers and Celtics ever did that.

All heart; all Heat; all the time.

HEAT FAN

Anonymous said...

It is good to know that Judge M applies an improper legal standard to continuances - what happened to good cause - I don't recall reading "extraordinary" circumstances.

I wonder how many defendants were forced to take a plea they otherwise would not have taken or go to trial less than prepared so his honor could brag about a caseload below 600.

Congratulations Judge - you have a low caseload - that earns you zero points. Your reputation as an otherwise fair trial judge is something you should be proud of, not your bullying pretrial procedures.

The judges that deserve personal respect as opposed to the obligatory nod to their office are those that are willing to have a caseload of whatever the number and grant a continuance for the proper standard - good cause - and treat people with respect as opposed to flying off the handle from time to time.

You do get credit for being honest about who you are.

Anonymous said...

Those with the 'Ric Margolius' mindset illustrate a significant reason why so many have little or no respect for the judicial system of the USA. Judge Ric does not like 'soundings'. Only a 'blithering idiot' would disagree with him. And, for good measure, Ric apparently thinks it is OK to deny motions that have not, as yet, been written, filed or argued. In fairness one must assume that Ric was 'on something' when he wrote his insightful comments.

Anonymous said...

http://miami.cbslocal.com/2014/05/27/broward-judge-lynn-rosenthal-arrested-for-dui/

Anonymous said...

jogging suit or members only wind breaker?

Anonymous said...

Another Broward Judge was busted for DUI today. She hit a police car at the courthouse. Judge Lynn Rosenthal.

Must be something in the water up there.

FACDL Listserve Leaker said...

A judge who applies an unlawful, arbitrary standard to decide in advance motions that he has not yet read, disposing of defendants' liberty interests without a thought to his duty; who is concerned most of all with his own prerogatives and privilege; who regards the lawyers and litigants before him with sneering contempt; whose interest rests in serving only the god of his own ego and convenience.

Not surprising to see Ric confess himself as one of these -- this is an all too common judicial profile, and you know it in your hearts.

But what damnable calumny and slander that he compares himself to Rob Pineiro, whose gavel he is not fit to polish.

Anonymous said...

12:49: Jogging suit, but he's a members only dofus for sure.

As to the last comment, love the use of "calumny" and your response is right on point. What an arrogant thing to say.

Anonymous said...

So much for presumption of innocentce for the judge

Anonymous said...

Margolius, the guy who can force anyone into an illegal uncounseled plea. Yeah keep it real Ric.

DS said...

Say what you want, but when the State was not ready a second time in Ric's Courtroom, you got a CTS offer or a Nolle Prosse. Cases resolved many times in Favor of the Defendant. Also if you went to trial Ric Did NOT add a trial tax , but sentenced a Defendant to what Ric thought the case was worth, not automatically the max

MC Waste Services, Inc said...

" whose gavel he is not fit to polish." ...i love this line. great writing. bravo!

Rumpole said...

4:17 I believe I provide the jurists in Broward the same, if not more of a presumption of innocence than they have provided my client on cases I appeared on in the past.

Anonymous said...

"Calumny" sounds like a word CJ Milton Hirsch would endeavor to intercalate in his most distinguished literary opinions.

Anonymous said...

Ric could be an arrogant jerk on the bench, but most of us who practiced in front of him would tell you that he was fair. He was great in trial and didn't punish defendants for exercising their rights. Did I enjoy every moment in front of him? Hell no. Would I try another case with him? Absolutely.

Ric has (and had) more bark than bite (especially when he was in one of his moods). You could always go into the back hallway and have it out with him. Ric was a lot fairer and more accommodating than his post would suggest.

BTDT

PS---I also think soundings are a waste of time in County Court (in Circuit Court they make more sense, but only if the judge has the respect of the lawyers).

Anonymous said...

Ds is pretty good at forcing pleas

Anonymous said...

Any judge who has a blanket policy of denying motions (known as 'prejudging' in DCA parlance) before they are argued or filed provides grounds sufficient for his disqualification upon a a properly filed Rule 2.330 motion.

Anonymous said...

http://m.dailybusinessreview.com/module/alm/app/dbr.do#!/article/1634345848

Destruction of evidence . Sounds like tribe lawyers are going to prison . Why isn't jay weaver covering this ? Was all he used to cover . Feels like he may be caught up in the tribes fake case. I bet he is concerned about being sued .

DS said...

In Ric's courtroom, if you had a possession or purchase of drugs, excepting trafficking, the worst clients got was CTS. Not 364 nor probation, & never prison for such BS