Rumpole gets the last word here on the putative candidacy of Daniel Espinosa, Esq.
Putting aside the sob story about how this is his "dream" and Mr. Espinosa begs the clerk to "allow me to go through with it", lets have a brief discussion about the writing skills of a man who wants to be called Judge, and have the power and ability to write orders that will cause millions of dollars to be won or lost, or cause a person to live or die.
"Knowingly, I enclosed a check for ... please advise at once so that I may appropriate issue a check from my campaign account once it is opened."
Hmm... so that I may appropriate issue a check. Can one "inappropriate" issue a check? Well, yes. If the check is twenty cents less than the amount due.
The verb is "issue" and the adverb, modifying the verb is "appropriately" not "appropriate". Adverbs describe the action. They may modify it as well. "I ate slowly". "The judge incorrectly decided the motion."
What Mr. Judge Is My Dream wanted to write was "so I can issue the check from the appropriate account for the correct amount" or "so I can have the check appropriately issued", although this sentence is still on shaky ground.
And what's the deal with "Knowingly?" Can one "unknowingly" enclose a check? Probably not, but one can improperly issue a check, and for the wrong amount to boot. The inclusion of "knowingly" is nothing more than an example of someone who has poor writing skills trying to write like he thinks a lawyer writes.
"...I am pleading with you to please accept my check, or in the alternative to allow the twenty cents (or a new check) to be issued."
Query: How does one issue twenty cents?
Answer: You are the United States Treasury and you are authorized by Congress to issue a new coin for twenty cents (the ol' "double dime").
So what was Mr. Beg, borrow and plead asking for? Well, he wanted the clerk to accept a check for a filing fee for an incorrect amount. FAIL. Or allow him to issue a new check, outside the deadline for the correct amount. FAIL. Or, somehow, allow a twenty cent piece of some sort to be issued by some individual or duly authorized agency that would cover the shortfall.
Why are we being picayune?
BECAUSE HE WANTS TO BE A JUDGE. He isn't applying for a license to sell ice cream. He isn't applying for a license to run the El Chapo Cafe, (where being several months late is no problemo). His wants to be a judge. It is his dream. It is his family's dream. He is saying, by running, that he is amongst the best and brightest of the entire legal profession of our county.
And yet he cannot even write a coherent letter convincing the clerk to accept his incorrect filing fee.
If he was a judge and had to run on a statute of limitations issue, how would he rule?
By virtue of his letter writing skills that would earn a D minus in our legal writing class, good riddance. The citizens of Miami-Dade County are saved from dealing with yet another completely unqualified lawyer who wants to be a judge.
(Any news on Judge Jackie Schwartz? )
THE CAPTAIN REPORTS:
Thank you to the alert commenter for pointing out that challenger Daniel Espinosa has not been officially qualified to run against Judge Rosa Rodriguez. Mr. Espinosa turned over his check to the Dept. of State on Thursday, in the amount of $5,843.00. Only problem is that the filing fee is $5,843.20. By virtue of the check being 20 cents short, he may be out of luck.
There are actually two checks on file with the Department. The first one dated April 28, 2016 is for the correct amount but issued from the account of Espinosa Law Group. The second one dated May 5th, is twenty cents short and issued from the account of Daniel "Danny" Espinosa Campaign Account.
The Florida Dept. of State has removed Espinosa's name from Group 30. Congrats to Judge Rosa Rodriguez who dodged two bullets this week. First when Jorge Lopez filed against her; only to withdraw. Then when Espinosa filed against her, only to pay with a law office check at first, and then replace that check with a campaign account check that was 20 cents short of the filing fee.
That decision was worth at least $876,480 to Rodriguez; the salary she will earn over the next six years.
SIGNS, SIGNS, EVERYWHERE A SIGN,
BLOCKIN' OUT THE SCENERY, BREAKIN' MY MIND .....
And there's going to be lots of them, scattered all over Miami-Dade County this summer as, at deadline, there are no less then ten contested judicial races.
While ten contested races sounds like a high number, it's not. In 2006, there were 16 contested races; in 2012 there were 12 contests; and in 2008 there were also 10. Anyone remember the likes of Shirlyon McWhorter, Stephen Millan, Michael Samuels, Migna Sanchez Llorens, Bonnie Rippingile, Josie Velis, Gina Mendez, and Jose Sanchez-Gronlier. Those were just some of the losers in 2006.
Here are your contested judicial races:
Circuit Group 9 - Incumbent Jason Bloch v. Marcia Del Rey
Circuit Group 30 - Incumbent Rosa Rodriguez v. Daniel Espinosa
Circuit Group 34 - Mark Blumstein v. Renee Gordon v. Denise Martinez-Scanziani v. Luis Perez-Medina. (Judge Gill Freeman retiring).
Circuit Group 52 - Rosy Aponte v. Carol "Jodie" Breece v. Oscar Rodriguez-Fonts. (Judge Michael Genden retiring).
Circuit Group 66 - Incumbent Robert Luck v. Yolly Roberson
Circuit Group 74 - Incumbent George "Jorge" Sarduy v. Elena Ortega-Tauler
County Group 5 - Incumbent Fred Seraphin v. Milena Abreu
County Group 7 - Incumbent Ed Newman v. Lizzett Martinez
County Group 15 - Ruben Yury Alcoba v. Linda Luce (Judge Judith Rubenstein retiring).
County Group 35 - Incumbent Wendell Graham v. Antonio "Tony" Jimenez
ELECTED WITHOUT OPPOSITION .....
Congratulations to the following 17 Judges/former Judge who have been elected to a six year term with an annual salary of $146,080 (Circuit Court) and $138,020 (County Court):
Rodolfo "Rudy" Ruiz
David Young* (former Judge)
Samantha Ruiz Cohen
Laura Anne Stuzin
FERNANDEZ RUNDLE & MARTINEZ BOTH REELECTED
Also elected without opposition were State Attorney Katherine Fernandez Rundle and Public Defender Carlos Martinez. For Carlos, who was first elected in 2008, this is his third term. For Kathy, who is 66 years young, this is her seventh term. She took over for Janet Reno in 1993 when President Clinton names Reno as Attorney General. She was then elected in 1994 and reelected six more times. Is this her final term? What do you think?
NORTH OF THE BORDER
One note about the happenings in Broweird. Our longtime colleague, ASA Abbe Rifkin, has qualified to run in Group 15 against three other candidates, including Incumbent Judge Matthew Destry.
We hope everyone enjoyed their Cinco de Mayo yesterday. Have a great weekend and we leave you with one of our favourite songs of our youth; (well more like Stan Blake's youth):
CAPTAIN OUT .....