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

Monday, September 21, 2015

TOUGH LUCK


THE CAPTAIN REPORTS:

TOUGH LUCK .....................

And no we are not speaking about tonight's Monday night football game between the Colts (and their starting QB Andrew Luck) against the New York J-E-T-S.

Last week, as one of our readers pointed out in the Comments section, Circuit Court Judge Robert Luck, a Scott appointee, drew opposition for the 2016 election.

In September of 2013, Governor Rick Scott appointed prosecutor Robert Luck to an open seat on the Circuit Court.  Judge Luck was assigned to the Criminal Division and has been there for two years.  Luck began his legal career serving as a law clerk for Judge Ed Carnes, on the 11th Circuit Court of Appeals, (2004-05, 2006-2008).  He spent one year in the appellate division of Greenberg, Traurig from 2005-06.  He joined the US Attorneys Office in Miami in 2008.  He then spent five years serving as an AUSA, (trying 19 jury trials), before being tapped by Gov. Scott.

Little known fact about Judge Luck - he co-authored a book entitled The Facts and only The Facts, in Race to Injustice: Lessons Learned From the Duke Lacrosse Rape Case.

By all accounts, the reviews on Judge Luck have been very good.

Enter Yolly Roberson.  Ms. Roberson filed to run against Judge Luck in the upcoming 2016 election.  This will be Judge's Luck first appearance on a ballot.  Not so for Ms. Roberson who has appeared on at least five ballots.  Yolly Roberson first won election to the Florida State House in 2002 and served four terms, getting re-elected in 2004, '06, and '08.  She was term limited and completed her eight years serving in the House in 2010.   She served as Democratic Whip from 2004 to 2006.

Ms. Roberson was born in Haiti in 1955.  She emigrated to the United States and went to college and earned a degree in Nursing in 1983.  Five years later she earned her JD from the New England School of Law.  She worked for the Public Defender's Office in Boston before moving to South Florida and becoming an Attorney for the City of Fort Lauderdale.  According to The Florida Bar, Ms. Roberson became a member in 1991 and currently runs a solo practice out of an office in North Miami.

Back in 2010, when Kenrick Meek decided to run for the U.S. Senate (against Independent candidate Charlie Crist and eventual winner Marco Rubio), that opened up Meek's U.S. House seat in House District 17.  Ten candidates filed to run in District 17.  You may remember that election, because one of the ten, criminal defense lawyer Rod Vereen, entered the race as an Independent.  Yolly Roberson was one of the nine Democrats who sought to win the Dems primary.  That primary election was eventually won by Frederica Wilson who then went on to defeat Vereen in the general election.

Little know fact about that 2010 House primary contest: one of Roberson's eight opponents in the primary election was her ex-husband, Phillip Brutus.

The Luck v. Roberson contest in Group 66 is one of five current contested judicial election set for 2016.

CAPTAIN OUT .......
Captain4Justice@gmail.com

Rumpole adds: Nice post Captain. 

We wholeheartedly support Judge Luck. Stop by his court and watch him. He is all you want in a judge. 

Second: A little Monday morning trivia. Roberson previously ran for judge. But she didn't win or lose.  1) What happened? 2) Her actions in that first race have a current impact on the judiciary. How so? 

See you in court. With the loss by the Ravens and Fins the survivor pool is decimated. Anyone want a B pool? start next week, play to the end, play the winner of the A pool? Email us at the FBpool12 address and let us know. 





47 comments:

Anonymous said...

She dropped out of a race against Mary Barzee Flores to leave that seat uncontested. Ms. Barzee Flores is currently nominated for a federal judgeship.

Anonymous said...

I really didn't like working with Luck. He seemed to care less about the defense.

Anonymous said...

I think Judge Luck is a pretty good judge but what entitles him to the seat? Just asking ! He was appointed and Ms. Robinson or anyone else has the right to run against him. For those that think he should be retained they can donate and or work for his re-election.

Anonymous said...

Please resurrect the suicide pool.

Anonymous said...

Just show me once when Judge Luck gave anyone even a small break.

Anonymous said...

I loved the post about our wonderful judges. Here's my take IN CAPS:

Milton Hirsch -- Obvious #1. A justice in waiting. In a class by himself. IF ONLY I UNDERSTOOD SHAKESPEARE.
Richard Hersch -- Gotta love lifelong defense lawyers on the bench. Runs a tight ship. BETTER HAVE A REASON FOR A CONTINUANCE.
Miguel De La O -- Beloved by all but too young to rate higher. Brains and judicial demeanor.
Nushin Sayfie -- Solid, exxperienced, no nonsense with a PD's sensibility. I JUST LOVE HER.
Diane Ward -- Tough but fair. Another great former defense lawyer. GREAT BUT, I WISH SHE'D WAIT UNTIL YOU ARE DONE TALKING BEFORE MOVING TO THE NEXT CASE.
Dennis Murphy -- Also beloved. Gruff but fun. REAL GOOD GUY!
Al Milian -- A rock star. Will soon rocket to the top three. UNTIL HIS TEMPER GETS HIM IN TROUBLE.
Robert Luck -- Already has overbearing demeanor of a federal judge. Makes up for it with brains. NEEDS TO UNDERSTAND THAT NOBODY IS PERFECT.
Maria Tinkler Mendez -- Nice lady, okay judge. Would be bottom quarter except she is so much better than the ones below. TRULY A GREAT JUDGE AND A NICE PERSON WHO CARES.
Dava Tunis -- A terror, but smart.RUDE AND OFFENSIVE TO JUST ABOUT EVERYONE.
Rodolfo Ruiz -- Excitable, still new to circuit. May be a keeper but needs more seasoning.
Joe Fernandez -- He's Joe, what's not to like. NO FRIEND OF THE DEFENSE SOMETIMES.
Yvonne Colodny -- Still a PD, will alsways be a PD. NICE LADY.
Maria Elena Verde -- Nice. If she knew what she was doing, she would rate much higher. VERY NICE TO EVERYONE.
Rodney Smith -- If was at work more often and I could understand what he says I might rate him higher. REAL GOOD GUY BUT, NO LONGER IN CRIMINAL DIV.
Teresa Pooler -- Nice but judicial demeanor needs work. More brains would mean higher rating. GREAT JUDGE LIKE HER SISTER WAS. SHOULD DOES NEED, HOWEVER, TO PUT HER FOOT DOWN EVERYONE NOW AND THEN.
Ellen Venzer -- Inappropriate personified. GREAT IF YOU CATCH HER IN A GOOD SIDE OF HER MOOD SWINGS.
Mindy Glazer -- Needs to lower the bond amounts!!!
Veronica Diaz -- Nice lady, but no one's home and she needs to stop texting on the bench!!!!
Stephen Millan - no brains, inappropriate, and ssssllllooooowwwww. Deserves an even lower rating but competition is stiff at the bottom.
Jeri Beth Cohen - How many laws can she break a day and not get brought before the JQC???? HAS ALWAYS BEEN AN IDIOT WITH A BIG MOUTH AND CANNOT SHUT UP.
Jason Bloch -- Maybe Scott's worst appointment.
Christina Miranda -- Great diva, terrible judge. I LIKE HER. SHE A NICE LADY AND IS FAIR.
Jorge Rodriguez Chomat -- Can't understand him. Rodney Smith with less brains.
Victoria Brennan -- Mean, mean spirited, not very bright. VERY MEAN SPIRITED AND RUDE BUT, YOU ARE WRONG, SHE'S SMART AND THAT MAKES HER MORE DANGEROUS.
Stacy Glick -- Brennan but dumber and a little nicer.

Anonymous said...

Jeez what rotten luck.......


Hahaha I crack myself up.

Anonymous said...

yeah i don't believe a career law clerk and an ausa for a minute should prevent opposition. let him defend him defends his seat.

Stayin alive said...

Not to worry all. Your favorite blog podcast Stayin alive - how to win your survivor pool with the dynamic duo of Kenny/Colby - Colby /Kenny will still he heard every Friday afternoon throughout the season. Tune in. Turn on and avoid dropping out.

Anonymous said...

"luck is the residue of design. "
Vince Lombardi.

Or Phil Reizenstein. One of those two.

Anonymous said...

Pretty good run down on all those judges

Anonymous said...

Luck is as hard-working as it gets, is always at community events with an open ear (since he was appointed, not since he drew opposition), actually does research, and at the one motion calendar I saw him work through, it was obvious he had read all of the parties' motions and responses. And I hear he will even try a case...he's got my vote.

Earl said...

6:22 nice list & comments, I do not agree with the order but good try. Judge Luck's luck is mixed, bad luck for drawing an opponent, good luck for drawing an incapable moron and not a sharp Latino. If he can't beat her than he doesnt deserve to be a judge.

Anonymous said...

Now how about the rankings for the County Court judges?

Anonymous said...

One of the dumbest comments ever, Earl. Since when does competency (or even excellence) to be a judge matter in this town. He deserves to be a judge, more than most on the bench now. And, who is a "sharp" Latino these days? We get Latina mommies and ex-prosecutors with billboards to run for judge.

Anonymous said...

All Judge Luck needs to do is coordinate with Kenny W and Colby to schedule a couple of fundraisers at the REN (a venue) which will be so well attended and productive that his opponent will have no choice but to call the Shumie on her campaign.

Anonymous said...

We live in a democracy people. Why are folks crying that he got opposition? He hasn't proved anything yet.

CAPTAIN JUSTICE said...


Earl:

I am a big supporter of Judge Luck. I have met him several times at Bar and social functions and we have had some very good discussions about the law and I came away impressed. I have watched him in court as well and have nothing but high praise for him and the job he has done so far.

Having said that, I have a question for you. Have you even met Yolly Roberson? You know, the person who has both a Nursing Degree and a Law Degree. The one who spent eight years in our Florida legislature including two years as a minority whip. She faced voters in four separate elections, and won.

By what standard do you "judge" her to be "an incapable moron"? Those are very harsh words and I'd like you to back them up with facts instead of your ad hominem attack on her.

Cap Out .....

Anonymous said...

I think we all know why the comment about Roberson was posted. disgraceful.

Kenny-Colby/Colby -Kenny. said...

"All we are saying
Is give us a chance. "

Fake Barzee. said...

Yoly running against me was the best thing that ever happened to me.

Anonymous said...

The Kenny -Colby /Colby -Kenny thing is hysterical. Maybe they can get on Falon or Colbert. And colby can bring his dog sir barf-a-lot

Anonymous said...

"Professor", thoughts on Ted Cruz's appearance on Colbert? You can find it online.

I was reminded of you, thinking you can take on Cruz on constitutional matters, watching Cruz politely destroy Colbert about gay marriage and the 10th amendment.

I also appreciated how, a week after fellating Biden on his show, he casually dismissed Cruz as "far right". No -- the rich and powerful certainly are not in the bag for the Democrats.

Anonymous said...

I really didn't like Luck but, he was polite and hard working. I just felt like he doesn't ever give any client a single break. That doesn't make him a bad person but, he seems to live in a world where he expects perfection.

Ex Blackjack Dealer said...

I was in the same office building as Yolly Robinson for several years in NMB. She is a nice person and a democrat so I agree with her politics. Previously she has been a PD in another state and worked in the AG's office in Florida. She seems to have turned into a professional politician always running for something. Because the turnout is so low for judicial elections I think she has a chance to defeat Judge Luck.

I do not think Judge Luck gives many breaks to defendant's so what is the big deal if he gets beat or not? Like a previous person said this is a democracy so therefore anyone who meets the qualifications should be able to run if they want. My guess would be the Yolly Robinson would probably be better for the defense bar than Judge Luck.

note to 6:22 you are a tough grader, I have dealt with Stacy Glick for a number of years, as prosecutor and judge, she does not deserve to be on the bottom of the list. You must have lost a motion to supress or had a client get hammerred in her division.

Anonymous said...

Did 2:22 watch how Colbert got Cruz to admit that he is very un-Reagan like? How he would not have raised taxes and granted amnesty to undocumented persons like Reagan?

The Professor said...

My answer is that Cruz shows a total disregard (I would say ignorance, except he is not ignorant) for the 14th Amendment. The 14th does make discrimination and equal protection matters that are reserved to the federal government in the Constitution. Do not ignore one amendment for the benefit of another. Nice try though.

Anonymous said...

Luck is an outstanding judge. He definitely reads all motions and caselaw, is up to speed on recent rulings, and does not shy away from hard work.

He is very fair to defense attorneys, especially regarding scheduling issues. For all JAC motions he signs the orders in chambers, doesn't make you waste court time. When dicey issues arise, he takes the time to do the research and go above and beyond what is expected.

A lot of judges have barely proficient understandings of the law and when you don't make things easy for them (quick plea) they get testy.

He may be tough when he has to, but that's what we need in a judge. Take off your defense attorney hat. Some of our clients are pieces of shit who should be locked up for their crimes. When the clients are good folks who make bad decisions, Luck is as fair as can be. I have seen him grant motions for early termination of probation over the state's objection. Most judge's blindly defer to the state on those.

Luck deserves opposition as much as any other judge. Our judges should be challenged and never forget that they serve the people. But Luck deserves our overwhelming support for retention.

Anonymous said...

"The 14th does make discrimination and equal protection matters that are reserved to the federal government in the Constitution." Huh? Exactly what do you teach Professor? My reading of the 14th Amendment is that it acts as a prohibition on state and local conduct.

Anonymous said...

Luck might be book smart, but he acted like a jerk on the bench - to the defense and to the state. He softened a bit over time, but really was quite nasty to his staff and the attorneys who regularly appeared before him. Karma's a bitch.

Anonymous said...

Some hispanic female is really disappointed that someone jumped in against Luck--this one could end up a three way race yet!! Robert Luck should have to defend this.....it is not a gift.





Anonymous said...

I want a judge who is smart, caring (about the litigants and community), professional, fair, has life experiences, experienced in the practice of law (ie. has practiced over 10 years as an attorney, has tried at least 10 cases completion, and understands the rules of evidence), knowledgeable about the law, attentive, and hard-working. It's pretty simple, though it seems like a tall order in South Florida. And THAT, is truly sad.

I miss the good 'ol days.

BTDT

Anonymous said...

Ask the prosecutors in Luck's division. They are glad to see him gone. Prosecutors sometimes object to little things just because their policy is to object but, they actually hope and expect the judge to do the right thing and give a break when it's due. Not Luck. No breaks even on little things. I'm not voting for Luck.

Anonymous said...

I once watched Luck deny a guy early termination of CC on the last 40 days of 2 years CC. He had no violations. I was disgusted with his decision.

Anonymous said...

Sharp Latinos? You want Sharp Latinos? There are many on our bench you bigoted as asshole. In alphabetical order:

Tony Arzola
Ivonne Cuesta
Jorge Cueto
Miguel De la O
Reemberto Diaz
Ariana Fajardo
Monica Gordo
Carlos Guzman
Peter Lopez
Al Milian
Tom Rebull
Rosa Rodriguez
Rudy Ruiz
Samantha Ruiz-Cohen
Bertila Soto

I look good in black said...

BTDT - As Billy Joel said: "the good ole days weren't always good and tomorrow ain't as bad as it seems"

Anonymous said...

Luck is an outstanding Judge-always prepared, extremely intelligent. And for those that think he never gave a break-I did a motion for YO sanctions on an armed robbery which he granted and then when my client violated probation, I did a danger to the community VFOSC hearing and he found not a danger and gave a better plea than the State was offering. So he is fair to both parties. The only complaint is his Judge Thomas like managing of the trial calendar-a 6 month 1st degree was old in his division. He is one of the good ones and hopefully will work his way back to criminal.

Anonymous said...

Right. The "good old days." Ellen Morphonious, Carol Gerstein, Ted Klein, and on and on.....real great trial lawyers before get bench, hard working and polite and knowledgeable .

NOT

The Professor said...

And exactly what conduct do you think the the 14th prohibits, if not discrimination and violations of equal protection. Somehow, I hope you are smarter than this. If not, you truly belong in the ranks of Ben Carson, Ted Cruz, Mike Huckabee, George Wallace, Strom Thurmond, Bobby Jindal, just to name a few.

Anonymous said...

Yolly only filed in Luck's race to start testing the waters on fundraising. Luck has out-raised everyone and their mothers! Yolly will move races. If I was Nushin, Rodriguez or Bailey, I would be very afraid of this experienced campaigner and legislator moving into my race. Its time to start campaigning ladies!

Anonymous said...

Professor you are so dumb. In your statement you say "reserved to the federal government." As you acknowledge, the 14th deals with state action. So sad. You are hereby suspended from blogging for a period of 14 days.

The Professor said...

And you sir are clearly no constitutional scholar (and I am) or you would have read the last four words of the 10th Amendment which state: ", or the people." And if you had a modicum of legal training you would understand that the 14th Amendment deals with "persons", or in other words "the people" and the rights reserved to them which must be protected. You join the ranks of those you hold so dear. You are idiot, an imbecile and a moron. I will waste no further time on you.

Anonymous said...

LOL. Good points. I'm not quite old enough to have practiced in front of Morphonious, etc. I was thinking more of Piniero, Schumacher, Lando, Cohen, Rothenberg, etc., etc. I disagreed with some of their politics and views, but you couldn't deny their knowledge, work ethic, integrity, etc.

Loved the Billy Joel quote. I'm sure that's true.

BTDT

Anonymous said...

No, the seat doesn't belong to Luck, or anyone else. It belongs to the most qualified person, except in Miami-Dade County, where it belongs to the person with the best name, or most money, or a combination of those. Why is Roberson running against Luck? It is because he isn't qualified or because he's done something worthy of his defeat? No, she's likely running against him because she thinks her name, maybe her fundraising, can best his name. But let's ignore what really goes on. Let's pretend the democratic system is best served when someone runs against a qualified judge under the theory of "maybe I can beat him/her." Why is this a problem? Ask the average non-lawyer in Miami who they think would be a better judge, Luck, or Roberson. The answer should scare you.

Anonymous said...

Ex black jack dealer. Has anyone won a motion to suppress in front of Glick or not had their client launched? Seems to me the line is pretty long if that is the qualification.

Anonymous said...

Gordo a sharp Latino? You must be out of your mind. She is a former gang proscutor and not fit in terms of life or legal experience to be a judge. But this is Dade County so this is what we get.

Laurie Sheldon said...

I am a non-attorney looking at the absentee ballot I just received and trying to do research on the Circuit Judge candidates, among others, before deciding who to vote for. That said, perhaps my comments here are misplaced, for which I apologize. I found this feed to be both interesting and entertaining, but it has not brought clarity to my decision about whether to vote for Roberson or Luck. My take away is that while Luck is an educated, hard working Judge, he might possibly be a bit harsh, and that Roberson is a bright, experienced politician who also has a background as a nurse. It seems to me that a former nurse may have the upper hand in the very real science of caring. Is that a bad quality for a candidate to have? Is it good that Luck is so tough? I know most people probably won't take these elections so seriously, but I am all about due diligence, despite my non-legal background. Thank you for your feedback!