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

Thursday, December 18, 2014

BRINGING HOME THE BACON

Over on the South Florida Lawyers Blog,  ("Summary judgment is fun and interesting!" ) they are covering Judge Shephard's massive smack down of Judge David Miller in this opening paragraph of the  opinion on a writ of prohibition: 

It has long been said in the courts of this state that “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties, compelling us to grant Great American Insurance Company’s Petition for a Writ of

Prohibition.

But we like the concluding coda to the opinion: 


In the words of the sixteenth century statesman and jurist, Sir Francis Bacon (1561-1626):
Judges ought to be more learned than witty; more
reverend (sic) than plausible; and more advised than
confident. *** Patience and gravity of hearing is an
essential part of justice; and an overspeaking judge is no
well tuned cymbal.

“Of Judicature,” Francis Bacon Essays, pub. by J. M. Dent & Sons, 1958, Essay

LVI, pp. 162, 163.

Just so we're clear, Sir Frankie B was talking about judges, not bloggers. 

See You In Court. 

btw- any rumor of an alliance between certain judge, prosecutors, raconteurs and North Korea designed to shut down this blog, is merely that: a rank rumor. 

14 comments:

Lee Harvey Oswald Jr said...

All these years of handing out "fair play for Cuba" pamphlets has finally paid off!

Comrade Fidel said...

Senior Rumpole, greetings and felicitations and other courtesies for this time of year. I am looking forward to coming to your city, having a cafe con leche at Sergios, some cuban toast (can we get a licensing fee on that) and otherwise enjoying the fruits of freedom and prosperity. Perhaps we can chat over a cigar, some rum and dominoes on calle ocho?

Via con dios Amigo.

Anonymous said...

I was in front of Miller a few years ago and representing a big insurance company. He hates them. Gave the plaintiff's attorney everything under the sun and was full of comments like the ones in the opinion. Would have been kicked back by the 3rd DCA in two seconds. We eventually settled the case, but even the plaintiff's attorney agreed that he was a loose cannon. Apparently, he hates insurance companies more than he hates criminal defendants.

Anonymous said...

Gotta love that Judge David Miller. Quick to the draw and just as miserable in civil as he was here.

Anonymous said...

I'm really disappointed in the direction Taylor Swift has taken. With "You Belong With Me", she drew clear distinctions between herself and the high-heel-wearing sexpots. You don't smile with the sexpot. She doesn't know your story. You're not happy with her. You belong with Taylor.

But now Taylor is presenting herself as some kind of femme fatale - the same boring, bad, "crazy" girl she promised us she wasn't. Now she is the "nightmare dressed as a day dream." Now she is another in the long line.

Rumpole hasn't posted about his #HandsUp campaign anymore of late. Perhaps because it is now abundantly clear that the late Mr. Brown attacked the officer and the #HandsUp meme was a liberal ruse, which the media eagerly threw themselves upon. Who cares for facts when someone needs lynching, right?

So in light of Rumpole's silence on these serious topics, I figured I'd address the most serious of all -- Miss Swift and her terrible career decisions. I'm really beside myself.

South Florida Lawyers said...

Good motto!

Anonymous said...

10:08
Put down your mug of cheap wine and google the actual meaning "lynching". You might find out that it refers to the not-so-long ago practice in this county of hanging and often castrating black males.
I don't think that practice equates with media coverage - but then again perhaps I'm just a liberal.

CAPTAIN JUSTICE said...



BREAKING NEWS .....

BROWARD JUDGE CYNTHIA IMPERATO GUILTY

She was tried in Palm beach County on charges of Reckless Driving and DUI and was found GUILTY on both counts.

Cap Out .....
Captain4Justice@gmail.com

Anonymous said...

Don't you just love "maximus" miller.

Anonymous said...

What was Judge Imperato's sentence?

Anonymous said...

Another dumbass alcoholic judge goes down North of the Border. What the heckbis going on up there. As to David Miller, I don't get it. His father was an insurance defense lawyer his entire career, workets' comp, Liberty Mutual. It probably paid for his law school education. Why the hate now? Don't get it.

Anonymous said...

What gets me is that Imperato got house arrest even though she had a ten year old prior. In Miami and Broward, if you have a 30 year old prior, you get jail after a trial. Looks like she got a pass.

JQC will now recommend removal and Supreme Court will most likely remove her because of all that language in other judges cases about getting only a reprimand because it was an isolated incident.

Anonymous said...

Imperato- only 20 days house arrest for a second DUI outside of 5. What a joke.

Anonymous said...

The Professor says:

DBR blasts Miller: http://www.dailybusinessreview.com/home/id=1202712961918?kw=3rd%20DCA%20Blasts%20Miami%20Judge%20David%20C.%20Miller&et=editorial&bu=Daily%20Business%20Review&cn=20141223&src=EMC-Email&pt=Litigation%20Alert&slreturn=20141123113006&LikelyCookieIssue=true

I don't understand why it has taken so long for this to happen. David is a nice guy, but not a very good judge. He prejudges almost every case, does not know (or at least fails to apply) the rules, and has been known to play politics in his decision making. Put that together with impatience and an explosive temper and you know what you get.

He can't even get along with his colleagues. Most of them will tell you that David can't find a division of the court he can operate in without pissing everyone off.

It just goes to show that if you move around enough no one will complain, because you are out of sight, and when you return they either don't remember you or have forgotten what a jerk you are.