Wednesday, April 27, 2016



Why does life and practice of law in the REGJB need to be so difficult?

Twenty questions:

1) Why aren't court documents scanned so they can be accessed electronically? 
Let's break this down in to two subsets. First, the Feds have a great system. You electronically file something and it is available for downloading from then on. This system was fully functional before the state instituted our filing system which does not make filed documents accessible. 
Second, what's the document attorneys wait in line at the clerk's office (now down to one clerk and counting) to copy? An A-Form on a new case. Why aren't those scanned so we can get them?
We can order a four course meal from a French restaurant on our phone and pay for it and have it delivered to the courthouse within an hour, but we can't get a copy of an a-form without waiting in a line for the same hour. 
You can apply for a freaking mortgage on your phone. But we can't an electronic copy of one damn pink piece of paper ("the defendant fraudulently applied for over 200 mortgages from his phone and was arrested after an investigation.") 

2) Why aren't informations provided to the defense? It's only the charging document. The prosecution doesn't give you one when they file charges and all the in court clerk will do is give you some vague promise about mailing it to you sometime before 2027. But why incur the mailing cost? Why not have a copy available? Or scanned and emailed? We realize we're being picky here. It's only the charging document. The piece of paper that is bringing your client to court and may send her to prison for life. Other than that, it's not that important. 

3) Why can't clerks in court certify a copy? Why do we have to get a copy of an order in court and then have to trek up to nine and wait in line for the clerk (down to one every other day and counting) to get it certified? 

4) And if the in court clerk could certify a document, then a motion to transport a defendant could be certified in court and handed to a corrections officer. Instead, here is the procedure (edited for brevity) : i) Go to court; It's not on calendar. leave; ii) Re-set the motion; iii) Go back to court; iv) Get the order signed;  v) Walk or ride the elevator up to nine;  Go see the clerk (down to working twice a week and counting); vi) Get six certified copies;  vii) Walk down to six. Go to corrections. Give them six certified copies. They want seven. vii) Go back to court. Court is finished for the day; viii) Call the JA and ask the case to be put back on calendar. JA asks for a written motion first. Email the motion. JA sets it on calendar in six weeks; ix) Go to court. Get motion signed. Judge comments she already signed this. "It's too long to explain judge. Just sign it again." x) Get order. Take elevator up to nine;  xi) Wait in line for clerk. xii) Get sixteen certified copies; xiii) Take certified copies to corrections. "Why do you have sixteen certified copies? We only need three." ; xiv) Look for window to jump out of.  

Rinse. repeat. 

5) Why do we have to call over-worked JAs to calendar a case? We can schedule an appointment with a heart surgeon over an app on our phone. We can buy a car on-line, book a trip to Bali, make reservations at Per Se on our phone. We can short Apple and go long on Bank of America with three clicks on our phone. But we have to call a JA to schedule a two minute motion. 

Why does the practice of law in the REGJB have to be this difficult? 

There are Apps for everything these days. Uber is changing the world. In San Francisco most of the parking spaces downtown are being electronically monitored so an App can find a parking space for you. But in the REGJB if you want almost anything, you need to wait on line and ask for a paper file which the odds are 50-50 cannot be found, and then copy the item in the file. It boggles the mind how far behind the times we are. 

Five questions about five simple issues for which the technology exists to do it better, cheaper, and easier. 

15 questions left. Post yours in the comments and we will consider using them. 

See you in court, where you must turn your beeper off before entering a courtroom. 

UPDATE: Question # 6

6) WHY CAN'T WE GET DECENT WI-FI in the courthouse? 


Anonymous said...

Because the legislature hasn't properly funded the court system which includes the clerks office,electronic technology or anything else related to the third branch of equal government in forever and the judiciary is afraid to take the legislature to task.

Anonymous said...

To what extent do the faults of this system rest with us? We keep electing a clerk of court that has advanced the technological services that can be offered. Until we support a candidate for clerk that wants to make these changes happen with our hard-earned money, don't expect anything to change. The voting public will continue to vote for the guy they've always voted for, we will get the Flinstones-era clerk's office we've always had.

Anonymous said...

I've got the questions...the real honest ones...even if they are politically incorrect;

1) What buffoon informed these judges that they have to first call the arraignments before they take my case out of turn? Who cares which case is called? Why do I have to sit through 10 pages of arraignments? Did you ever have to count a lot of things where whether you went up and down, left to right, right to left you still had to count everything so it doesn't matter? The most efficient judges Pineiro, Schumacher called a case at any time...do the same.

2) Who thinks this "21 day arraignment" thing is antiquated? A person has to take time off of work to see their case reset or no action-ed. Do what Broward does and only calendar if charges are filed or custody is at issue.

3) Speaking of antiquated, why do they still use the A,B, C week in the RJG? That's from pre-Mariel 1983. Dedicating a week to C cases, where there is an underlying attitude that the cases aren't worth jury trials? Go to a magistrate/trial judge system where trials start at 9:00 am, Only in Miami does it take 5 days to try a 1 1 /2 day case because the trial in conducted from 2:00 pm to 5:00 pm

4) What's with the overly uppity black women in charge of every jail entrance in the county? Why can't they be nice? Why can't they ever say "May I help you? Why do they epitomize what's wrong with affirmative action I know I sound racist but you know this is so true.

5) Is there a budget at TGK? Do they spend one dime there? Has anything been cleaned, repaired, installed or maintained since the 1990's?

6) Who's idea was it to not allow a lawyer to go into the jury room to speak to their client? Hell, the god damn room is there...why not use it? Go to Metro West if you want to speak to your client in private? FUCK YOU!

7) Why aren't the lazy assholes that work at Metro West ever prosecuted for false imprisonment? They lock you up for an hour!

8) What's the deal with Miami-Dade discovery as to how it trickles in rather than being complete? I have a life felony and after 30 days, you give me an A form? That's bullshit. And why do these dickless judges allow a homicide detective to provide an OI five months after an arrest?

9) Why does a subpoena for deposition have as much impact as a Burdines coupon? We do live in a Banana Republic since compliance for a subpoena is optional. When is that going to change? I lay out $200 so that the cop calls me 15 minutes after the depo to tell me he can't make it because his tushy itches? !

10) Why does any judge say to me "File a Rule to Show Cause?" Why not just say to me "Go fuck yourself, I'm not going to do anything!" Let's be straight, in the end, your just going to tell the cop to please go to the depo so why kill trees when we all know what the end result is going to be?

11) Why can't a judge be truthful and just admit, no matter how much you blow a case out of the matter at an Arthur hearing, it doesn't matter, the defendant is still not going to get a bond?

12) Why do some judges take the bench at 9:30, 10;00 plus? That's bullshit! Oh, you have things to do? We all do, you wanted the job. You getting in late screws my whole schedule up. Get your fucking ass to work, we have things to do!

13) Why can't I bring my phone into the jury room? What asshole lawyer was showing porn to the inmate inside the jury room? Shouldn't they be punished, but why do we all have to suffer?

14) Who are these lawyers that ask the judges if they can have permission to leave (it seems to be a Hispanic thing) the court room when they are done doing their schtick at a calendar call? C'mon you pussy kiss ass, it's a judge not the Lord.

Anonymous said...

Why can China build a new Manhattan in the time it takes to repair the escalator?

Why does the chief judge not arrange and stagger start-times to ease the flow of people - and ensure judges actually abide by their times?

Why does every division set trials to begin on Monday?

Anonymous said...

Carlos Alvarez is ripped. Especially for a 63 yr old. That simple batt should be elevated as he, like Bruce lee, has hands that are weapons

SB said...

No certified copies because they don't want to do them. It used to be standard practice for the clerk in court to do certs in the old days.

the trialmaster said...

Thats why I practice mainly in Federal Courts

Anonymous said...

great post. scan baby scan. we need our docs and we need them now.

Anonymous said...

Harvey Rubin is clearly the problem

Anonymous said...

Well done 6:53. You are a son-of-a-bitch, but an equal opportunity son-of-a-bitch, and there's something to be respected in that. Not sure what that something is, but I like to give credit where it's due.

Anonymous said...

To the racist jackass at 6:57. Broward sucks and the 21 day thing allows me to make more money. The latin gentlemen who ask permission to be excused are being elegant and curtious and your objection is firm proof that you are devoid of manners and finally the "uppity black women at the jail" are doing just fine and have an excellent eye for who is and who is not an asshole. No wonder you can't get along with them..

Anonymous said...

Why can't the State's Discovery Exhibit in misdemeanor/DUI cases comport fully with the requirements of the Rules of Criminal Procedure?

The Professor said...

6:53 AM,

Here are your answers:

1. Because the judges are getting all in-custodies out of the courtroom. Gee, it must be hard to have to spend an extra 30- minutes in court. Don't be such a prima donna.

2. And who will advise the defendants that no charges were filed, their bond is refundable and discharged, or that their speedy trial time has expired. That is why Broward does that.

3. There you have a point. I have advocated for years for the return to a master calendar with judges sitting for one week out of every 3 or 4, so they dedicate their time for 3 weeks at time to just trying cases.

4. You not only sound racist, you are.

5. There is a budget, but it is infinitesimal compared to the needs. Talk to the County Commission and ask why we are still paying for Jeff Luria and David Sampson to be billionaires, while we don't have a decent courthouse.

6. Ask the lawyers who have been attacked in the jury rooms. It is a security issue. Corrections must always have eyes on the defendant. Take your client into the hall if he is on bond. The courtroom is not your office.

7. Don't go to nay jail facility during the times there is a count, or ask the County Commission to budget more money for corrections officers. See answer to #5, above.

8. You have a point, except the "dickless". That sounds sexist, since so many of the judges are women. As to the OI, file your motions to compel and keep pressing until the judge finally does something. They get tired of lazy ASA's too. Don't you be lazy and just wait until you get it to complain.

9. File a motion to compel and ask the judge to set a time and place on the order compelling. Don't be a "dick" and set it when you know he is on a day off. Check with liaison and find out duty hours and days off, and tell the judge you have done that. He/she will sign the order. Then, and only then, if the officer does not appear, move for contempt.

10. See the answer to #9, above. WORK!!

11. I can not speak for the judges you are addressing, but I know that in the past, judges who handled Arthur hearings would grant bonds. The problem is that some bad things happened. Just accept that there are political reasons and your client is paying the price for the bad acts of others. Not right sometimes, but that is the reality.

12. Staggering starting times prevents mistakes and was actually instituted for the benefit of attorneys, who did not like running from courtroom to courtroom and demanding to be taken out of turn. I agree though, that 10 is a little a late. How about 8:30, 9:00 and 9:30. Is that better?

13. More security issues. It is not just the porn, but phone calls to witnesses and others that can not be monitored like in the jaill.

14. I did not know that courtroom courtesy is a vice. Actually, in Federal Court it is required. Just be polite.

The tenor of your comment makes it clear that you are rude, nasty, entitled and probably disrespectful to judges. And then you wonder why things are difficult for you. Hmmmmm. Just grow up.

Anonymous said...

Rump I think we found a new guest blogger. 6:53 is fucking amazing.

Anonymous said...

6:53 has some points,

"Judge may I be excused ?" Sounds ridiculous

Avenue Q said...

Of course 6:53 is racist. We are all a little bit racist.

Anonymous said...

6:53 is right on. The professor is wrong on all counts.

Anonymous said...

Why is the wifi so terrible? Need to stand at end of hallways to get any cell signal ?

Anonymous said...

6:53 rocks. The professor is a buzzkill.

Anonymous said...

Why are some Judges rude to defendant's families and make them sit in the audience instead of coming forward when their family members case is called?

Anonymous said...

Why does a neophyte Judge allow his C ASA to call and control calendar?

Anonymous said...

The wifi sucks because the courthouses (yeah both civil and criminal) suck. Come on. There are 4 federal courthouses in Miami (including the toxic disaster). And we have the 2 dumps on either side of the river. Shameful.

Anonymous said...

6:53 is a white male with an insufferable air of entitlement. That's why everyone who isn't a white male pisses on him. I see 6:53s all the time, we all roll our eyes at them and snigger. The people he's insulting treat me with respect and kindness. I get into jury rooms, I get great service from JAs, I breeze in and out of jails, I get live clerks on the phone who tell me if something I want is in a file. It probably goes without saying that I don't order 4-course French meals to be delivered to the courtroom, use apps to play the stock market or to make reservations at Per Se. If I did I wouldn't brag about it.

Anonymous said...

Rosy A. Aponte filed against Judge Nushin G. Sayfie today.


Anonymous said...

Why are there so very few judges in the building after 2:00?

Juniper said...

I agree with the people who suggest the person who posted at 6:53 is an ass. Just because it is my lunch hour and I need a distraction I have a few responses:
1) It is really uncomfortable for clients to be transported in lockup in chains. Getting them out of the courthouse and out of chains is better for them all the way around;
4) Courtesy goes a long way even if you are racist;
5) With respect to the proposed procedure -- even in the wilds of California I am convinced that this is a game clerks like to play;
6)I like not being attacked;
8) This is a universal problem; filing motions is often the only to go
13) It is a massive security issue (google cell phones in jails to find out why);
14) Some lawyers are simply courteous. It is also sometimes a way of saying -- did you need me for anything else right now Judge?

Cheers and Happy May Day.

Anonymous said...

Always complaining. You want to walk in a motion? NO! Clerks don't have the time, manpower or patience to deal with someone getting PAID to their job. File it properly and do your job! If you didn't have your arse up your... You see what happened here is that our wonderful governor/legislature stole the money during the supposed financial crisis from the only government entity that was in the black. So now instead of being entirely self sufficient all the state Clerk's Offices send the money they have generated during the year to Tallahassee and it gets doled out at a roughly 60% clip. Haven't you noticed closed windows, less court clerks & hours? And you want a new computer system? Dream on! You know what they say, you get what you pay for! And PLEASE if you know you'll be in court, BRING A PEN/PENCIL YOU JACKWAGON!

Anonymous said...

They can and they do when the judge tells them to. Most clerks and J.As take in the attitude that the judge allows. If it's a judge that believes in being helpful so will the staff.

Anonymous said...

7:41:00 AM don't know what planet you're living on. As long as you have the gumption to ask the judge go right ahead. You're obviously not in court every day.