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Wednesday, July 30, 2014

ANOTHER THOUGHTFUL JUDGE

Longtime and careful readers of this blog know the high regard in which we hold US District Court Judge John Gleeson (EDNY). And Judge Gleeson again proves that humanity and common sense belong in the justice system. In Judge Gleeson's courtroom, he has no use and little patience for the "it's not my job" and "there's nothing we can do" attitude. 

As you peruse this opinion, and you are hopefully a judge or prosecutor, ask yourself the tough questions- is it easier for you to deny a motion or a request from a defense attorney because it's not your job, or because there's nothing you can do, or because the "victim wants the max?"

Who among you is prepared to make the hard decisions for justice? As Judge Gleeson writes- "It's easy to be a tough prosecutor." And as we say "It's easy to be a tough judge." 

Are you the kind of prosecutor or judge who takes the easy way out? 








It is easy to be a tough prosecutor. Prosecutors are almost never criticized for being aggressive, or for fighting hard to obtain the maximum sentence, or for saying “there’s nothing we can do” about an excessive sentence after all avenues of judicial relief have been exhausted. Doing justice can be much harder. It takes time and involves work, including careful consideration of the circumstances of particular crimes, defendants, and victims – and often the relevant events occurred in the distant past. It requires a willingness to make hard decisions, including some that will be criticized. 

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The United States Attorney has shown here that justice is possible in those cases. A prosecutor who says nothing can be done about an unjust sentence because all appeals and collateral challenges have been exhausted is actually choosing to do nothing about the unjust sentence. Some will make a different choice, as Ms. Lynch did here. 

16 comments:

Anonymous said...

zzzzzzzzzzz

Anonymous said...

Important opinion ... if only it was the way the justice system works.

Anonymous said...

The CABA judicial poll was released yesterday…some interesting results from MJB and the upcoming election.

MJB

Judges with highest % of EXCEPTIONALLY QUALIFIED – De la O (60.7%) – William Thomas (56.8%) – Rodney Smith (56.6%)

Judges with lowest % of EXCEPTIONALLY QUALIFIED – Pooler (18.6) -- Verde (25.6) – Rodriguez-Chomat (26.1)

Judges with highest % of UNQUALIFIED – Rodriguez Chomat (28.4%) – Brennan (21.8%) --- Sanchez-Llorens (16.8%) – Jeri Cohen (15.8%).

Judges with lowest % of UNQUALIFIED – Luck (1.1%) – Rodney Smith (1.8%) – Venzer & Fernandez (1.9%)

ELECTION (Exceptional Qualified/Qualified/Unqualified)

Rodney Smith (56.5/41.6/1.8)
Christian Carrazana (1.3/7.7/91)

Fleur Lobree (52.6/40.4/7)
Mazel Ruiz (11.7/42.9/45.5)

Veronica Diaz (25.6/37.8/36.6)
Renier Diaz de la Portilla (5.9/25.7/68.3)

Thomas Cobitz (32.9/47.6/19.5)
Stephen Millian (29/46/25)

Al Milian (19.1/46.4/34.5)
Mary Gomez (7.1/58.9/33.9)
Joseph Perkins (6.5/43.5/50)

Martin Zilber (25.5/41.5/33)
Oscar Rodgriuez-Fonts (21.1/61.1/17.8)

Jackie Schwartz (9.5/31.4/59)
Frank Bocanegra (11.1/33.3/55.6)
Rachel Dooley (33.3/52/14.7)

Nuria Saenz (40.2/47.4/12.4)
Victoria Ferrer (10.6/40.9/48.5)

Anonymous said...

He is no judge. He's a self-important bully in a black dress.

Anonymous said...

Has there been a judicial race in recent memory more disheartening than Veronica Diaz versus Renier DdlP?

Neither one of these people has any business in a courtroom, let alone on the bench. I seriously cannot think which would be worse.

She is ethics-impaired, flighty, grasping and dishonest. He has never practiced law for even one second, and will likely bring a level of partisan politics to the bench that -- for all the idiotic incompetence hereabouts -- we have been spared so far.

In any pair of evils, there is almost always a lesser and a greater. And the thing to do would be to vote for the lesser evil.

But which the hell one is that?

Anonymous said...

With the exception of Cobitz and Smith, what a sad list of candidates. What a joke it is to be an elected judge in South Florida

Anonymous said...

I agree with 10:46. Lesser of two evils.

I'll go Diaz since at least she is a practicing lawyer who would know where the courthouse is.

The other one is a idiot politician looking for yet another government paycheck. This time in the form of a judicial position.

Maybe there is some potential in her.

Anonymous said...

Renier seems to be a better choice than Veronica. Veronica seems to have an edge among elderly male Cuban supervoters because she is perceived as "hot".

Anonymous said...

I'd love to see the CABA results compared with the newly released Dade County Bar Assoc. results.

ART VANDELAY …. architect said...

I wish Phil R. would run or apply to be a Judge. He would be so great. By the way, Happy Birthday Phil. You are a friend and a mentor to so many. Thank you friend.

Phil R said...

If nominated
I will not run
If elected
I shall not serve

But thanks.

Anonymous said...

Agree with 10:46. Battle to the bottom of the bench. Can't remember a race this bad. Only real question is who'll get in trouble first post-election.

Anonymous said...

Art Vandelay was the architect for my house... very creative.

Anonymous said...

I liked the federal opinion. Thanks for posting. what I take away from from it is that minimum mandatory sentences can produce grotesquely unjust results. I think, the S.C. should rule that M.M.S.`s violate the 8th amendment (or which every amendment prohibits cruel and unusual punishment) Federal Judges as a group are pretty smart and in the best position to determine a fair and just sentence in a particular case. sadly, some of the folks running for Judicial office office in Miami-Dade County would not be not be competent to make such difficult decisions-

Anonymous said...

Oscar Rodgriuez-Fonts claims to have federal trial experience - but a quick pacer search fails to show him as Attorney of record in any criminal case.

Anonymous said...

Does being a tough judge mean you don't give the defense what they want? Or is being a good judge not putting up with any guff from either side? Good judges get it right more than most of the time, no matter which way it goes.