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, February 05, 2015

ARTHUR BERGER HAS PASSED AWAY

UPDATE: Mr. Berger's funeral has been moved up and will start Friday at noon. 

Peter Heller sent out this email with the details. 
As Mr. Heller writes, Arthur Berger was a long time appellate attorney who served this community as a prosecutor and Assistant Attorney General. He was a mentor to many young attorneys and a brilliant appellate lawyer. The funeral is tomorrow. 


It is with a heavy heart that announce the passing of Arthur Berger.  Arthur was a dear friend, had a heart of gold and was one of the most brilliant minds I have ever known. He was a former assistant attorney general as well as assistant state attorney in the appellate divisions.  He loved the law and was in his glory when a novel legal issue was brought to his attention. He not only looked forward to such challenge, would dive head first into finding a solution based upon an obscure, yet logical legal theory, and would thrive as well.  He was so helpful to me both personally and professionally on so many levels and will sorely be missed; especially his wonderful, yet quirky sense of humor.   A consummate gentleman, everybody loved him; especially me.

Rest in peace my friend.  It was a honor to have known you and to have worked alongside you.

Arthur Berger’s funeral is scheduled for Friday, February 6th at 12: 30 PM
The location is :
Menorah Gardens
21100  West Griffin Road
Southwest Ranches , Fl. 33332
Their tel. is 954-434-1531
Call Menorah Gardens for directions

18 comments:

Abe Laeser said...

Arthur simply loved the law. No challange was too great.

He did the impossible. I had a case in which jeopardy had arrached to a murder defendant who had persuaded the doctors that he had been insane at the time of the crime. He had been adjudicated Not Guilty by Reason of Insanity.

Eventually, while in a facility, he disclosed how he had been able to fool the doctors. I thought that it was just a lesson well learned.

Arthur was incensed. He threw himself at the case, and spent months developing a theory that the fraud was a legal basis to set aside the Not Guilty - and that the defendant's acts vacated the protection of prior jeopardy.

He won the claim in the appelate court. The defendant plead Guilty to the murder. To this day I marvel at the thoroughness -- and single-minded energy that he put into that [and every] case.

I will miss Arthur.

Anonymous said...

So many deaths lately. Greg Prebish, Kieran Fallon, now Arthur Berger, and the Herald is reporting that Lance Joseph's wife has died. What a sad run.

Anonymous said...

The Professor said:

Arthur had one of those rare minds that could answer any question you had with a citation off the top of his head. A sweet man with an incredible intellect.

(I am beginning to feel like I am writing too many of these kinds of comments lately. It must be my age.)

Anonymous said...

Art was a stellar appellate lawyer, who devoted a lifetime to searching for the perfect case on "all-fours" -- and always finding it. He will be missed.

Judge Lenny Glick said...

Arthur was a legend and one of the great characters of the Gerstein Justice building. He was my friend and a valued partner to me and every other attorney in the State Attorneys office when I was a trial prosecutor and Chief Assistant.You had to love Arthur. No one was more passionate about the law, his job and helping other lawyers solve their legal problems.
He will be sorely missed.
Rest in Peace and peace and love to his family.
Lenny Glick

Steven Bustamante said...

I was lucky enough to be sent to the juvenile division as a student intern in Ms. Reno's office, and trusted with a case load.

I was struggling with trying to understand a problem in a case late one evening. I took a shot and called Legal.

I explained my confusion to Mr. Berger. He very calmly and politely asked me what the charges were, then what were the elements, then, what I had to get into evidence to prove those elements. When we were through, the whole thing was crystal clear to me. Mr. Berger asked me if there was anything else I needed. I said no, and thanked him and we hung up.

He never treated me like I was stupid or should know better, he simply took the time to teach a kid.

The fact that I remember this speaks for the impression the man made on me.

Anonymous said...

He joins Kurt Marmar in a better place.

David Troyer said...

Arthur Berger was a gem. He loved the law, and loved ideas. When posed with a question or problem, he would take ideas, sift them, mold them, and cultivate them into a cogent argument. As with the other members of the SAO Legal Division, he was not only brilliant, he was caring, compassionate, and nurturing of other ASAs.

Abe Laeser said...

I cannot rationally explain why NO ONE from the State Attorney's office attended the funeral. I know it is far away, and perhaps not at a convenient time, but I could think of only one word for those persons who should have attended: SHAME!

Secret Judge said...

Mr. Laeser's comment that NO ONE from the State Attorney's ofc. attended Arthur Berger's funeral speaks volumes about the state of the lawyer mentality in 2015. The overwhelming majority of our brethren care only for themselves and will rarely, if ever, lift a finger to demonstrate even a semblance of concern or humanity for another person. Perhaps, this is an offshoot of the greed that permeates our profession. It wasn't always like this.

Anonymous said...

The Professor says:

Abe, the current ASA's at the SAO have no idea who Arthur was or his value to that office and the legal community as a whole. Those of us who labored there so many years ago, know the man and his brilliance.

With that said, Kathy Rundle, Kathy Hogue, and others in the leadership knew Arthur, worked with him and absolutely should have been there. If I was not out of town this entire week, I would have been.

Anonymous said...

Abe: get over yourself and you can take your finger pointing and shove it. "shame?" Bullshit, prosecutors were doing what Arthur would have expected: prosecuting.

Lauri Waldman Ross said...

Arthur also handled civil appeals, and was a class act. He will be missed.

Anonymous said...

The Professor says:

9:57 - In defense of Abe, you are the problem, too full of yourself to honor those who lead the way. Under your thought process we would never take the time out of our busy day to say thank you to those who distinguished themselves. Make sure someone lets everyone know when your day comes, we should all just go about our business and not give your passing a second thought.

Rumpole said...

Abe is right. Kathy should have made sure someone from the office was there. He devoted his life to the SAO and appeals. It would have been a simple show of respect. For shame is correct.

Anonymous said...

A persons death and funeral never come at a convenient time. Arthur appearently died a week ago, yet the first many of us knew about it was on the day of the funeral.
We open the paper and it was to late to drive to Broward.
Some of us were out of town. There are many good reasons why some could not honor him in person.
That being said let us honor his memory and how we treated him in life. He was a good friend to all.
A great and creative lawyer and a good guy

Anonymous said...

When I was a young ASA in the early 80's Arthur was in the legal dept. He was a real nice guy to talk to and helped you without making you feel stupid.

I will miss him.

Anonymous said...

Thank you for the fine and thoughtful comments about Arthur Berger, a classmate of mine (UM, Class of 74), and a jewel in the crown of the SAO's appellate/Legal division. I was unable to attend the funeral, and looked in vain on FACDL-Miami's listserv for an address to which to send condolences and acknowledgment of memorial gifts. I don't know his family, or if he was married. If anyone has that information, and feels inclined to send it out on the listserv, it would be greatly appreciated.