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

Sunday, November 06, 2016

HAPPY BIRTHDAY SY GAER

Happy Birthday  Sy Gaer.
11/6/1931- 8/7/2007.

Korean War combat veteran.
Trial lawyer.
Justice Building legend and friend and mentor to scores of young prosecutors and criminal defense attorneys.

We miss him every day we walk into the REGJB. The courthouse has never been the same since he left us.

SURVIVOR POOL

Last week saw the end of the comedic duo Colby/Weisman as both went down on the same pick. However those who picked the game that ended in a tie continue on pursuant to rule 3.1 which clearly states that an entrant who picks "a team that loses" is out of the contest. See also, Gowdy ex rel Madison...

This week saw ill advised picks by David O Markus and Rick Freedman, who both bowed out when the Packers were upset by the Colts.

Here are your surviving six:

Lew & Lurvey (Saints);
Real Fake Former Judge (Fins);
De La O & Ireland (Cowpokes);
Clay Kaeiser (Chiefs).





23 comments:

Anonymous said...

Very sad for certain of our esteemed judges that were not selected for a prestigious appointment to the 11th Circuit "COMPLEX BUSINESS DIVISION". Chief Judge Soto picked Will Thomas and BETTY BUTCHKO. Both GREAT ACADEMIC JUDGES whose orders are legendary by their precision and logical argument and commitment to precedent.

Other applications submitted are Judge Hirsch, Judge WENDELL Graham, Judge Sam Solom, Judge Rosa Rodriguez. Also, Judge Jose Rodriguez. All legal heavyweights and more than capable of handling these divisions with distinction. Judge Mike Hanzman, new to civil division from juvenile, also gave it a shot but did not cut it with Chief Judge Soto. The Chief obviously picked the best as determined by her and leading members of the commercial division bar. We need brilliant judges that can be intellectual, academic, write original orders, not be reversed, not be judicial advocates and have had a strong background in handling these commercial cases.

Bravo Chief Judge. Well done. You did you work and you picked the best judges for this most important court.

Anonymous said...

Former ASA here

Sy was great. I thought he was a crazy man with his little book, no discovery and willingness to go to trial on any case. Then he whipped my ass in court on a case and I had the utmost reapect for him. I miss him.

Anonymous said...

What a character !!!

Anonymous said...

Mommy Chief Judge once again shows what a joke she is. Has someone who is undoubtably the best commercial litigator south Florida has ever seen on our bench and who has written more important and impressive opinions/orders in commercial cases then every other state judge combined. So she appoints a former public defender and state attorney who have never handled a complex commercial case in their entire life. Our stupid judges then wonder why they can't get a new civil courthouse. She wouldn't even hear from the commercial bar. To arrogant a know it all. Wait til she comes begging us for $$ to support her next courthouse campaign. Hope she and the other mommy judges can fund it themselves because she's the laughing stock of the commercial bar. Bailey too.

Anonymous said...

Judge Butchko and Judge Thomas are the superstars of the civil division. Congrats to them. They are the best of the best. Chief Judge Soto, you did a great job. These two judges know how to handle difficult issues and will one day be legal legends.

Anonymous said...

By the way, who picked Butchko and Thomas? Did the commercial lawyers have any say? Was there an application and nomination process? Public hearing or was it made by who had the best academic and written order history? Perhaps those judges that didn't get it had many reversals? Never sat in appeals? Not academic? How could Judge Jose Gonzalez not get this spot? What about Judge Peter Lopez? In any event, Judge Soto - you are the best Chief yet. Very fair and accomplished.

Anonymous said...

Judge Alan Fine is the smartest Judgr in this town. He gave up a ton of money to be on the bench. If anyone deserved that commercial division spot it was him. Sorry Judge Alan. Keep writing those opinions and your brilliant rulings. The bar loves you. It was the Chief Judges mistake. Next time.

Real Fake Former Judge said...

COLBY CHEESE HEAD AND lENNY???
L....O....S....E....R....S...


HAHAHHAHAHAHAHA

Now watch as a real expert takes it home.

My only real competition is De La O. He's sneaky smart. Lew is a broad- she can't win and Lurvey is too busy trying cases to devote the time needed.

Anonymous said...

Screw you Real Fake Former Judge.

You can't hold a candle to Real Former Judge.

Anonymous said...

Janet Reno passed away last night. Age 78. RIP.

Claude Erskine - Browne said...

Janet Reno has passed.
Rest in Pease

Anonymous said...

How does one become the chief administrative judge. More importantly, how does one get removed from that assignment. She has never impressed me with her academic prowess

Anonymous said...

I watched Betty Butchko push people around, act like an ass and otherwise be a total jerk over and over. She's no superstar.

Old timer with memory said...

Where is your post about the passing of Janet Reno?
http://www.miamiherald.com/news/local/obituaries/article113009183.html

Anonymous said...

Rumpole - you are allowing your knuckle-dragging mouth-breathers back into the tent. Enough please with the "mommy judges" and "little girl judges" commentary. As you can see from the Trump campaign, publishing misogynist or racist swill normalizes it. Words wound. Publish responsibly.

Anonymous said...

8 42 I think the Judge your talking about is Hanzman who gave up a multi_ million dollar practice and who writes brilliant Orders on a weekly basis.Fine is fine but no superstar.

Anonymous said...

Butchko and Bailey are best of mommy buddies. That's why Betty got it. Hanzman is the best judge and most intelligent of the judges we currently have. But I am happy to keep him where he can handle a lot of cases that affect my PI practice. Thomas, not a bad choice he is smart and does not tolerate fools.

Anonymous said...

For those of you naysayers second-guessing Judge Soto's selection of Judges for the Complex Business Division, the irony of it all is the fact that none of you will have a case that will qualify for their division. PIP cases just aren't complex.

Anonymous said...

No comments about Sy, c'mon stay on topic

Anonymous said...

My comments are directed to the express purpose of the complex business division and the architecture necessary to achieve it.

The purpose is, as the name implies, to have a specialized commercial division. Recognizing that the days of general practice are behind us, for both bar and bench, this division should strive to give litigants (to the extent humanly possible) the predictability of outcomes that promote the stability of contracts, other business relationships and the public policies underlying them. In doing so, we would likewise promote confidence in the judicial system.

Unfortunately, as of late, the South Florida commercial litigation bar (and anyone else watching) has witnessed its “specialized commercial division” generate some spectacular judicial flameouts. These results have given much credence to the old curse, “May you have a lawsuit [or a defense to one] with merit.” Sadly, it appears that we are running in the opposite direction of our mission statement.

My hope had been that with two openings to fill in this division, we would have gone a long way towards establishing a division that would ultimately develop the respect that a court like the Delaware Chancery Court has earned by conscientiously developing a body of law that allows business people to resolve their disputes without having to give more consideration to riverboat gambling tactics than the Rules of Civil Procedure or Evidence. Heavy sigh.

None of this is to say that the appointees are not fine jurists, or that they will not acquire the experience necessary to achieve the mission. I simply think that if you have a specialized division, it makes sense to have appointees with significant specialized experience. Without that, we collectively and unnecessarily pay the price of what we hope will be a successful hike up the learning curve.

Anonymous said...

Chief Judge Soto made a mistake by not picking Judge Michael Hanzman for one of the two spots that recently opened up for the complex business division. To my knowledge, she did not seek any input from the commercial bar before picking two judges who have no commercial litigation experience over Judge Hanzman - the best commercial litigator/judge we have ever had.

Judge Hanzman has dealt with complex commercial litigation matters for three decades. He is brilliant and hard working. His temperament is excellent.

Under his leadership, we could have turned our business division into the next Delaware. That will not happen now. I would not blame him if he resigned, went into the criminal division, or made another run at the federal bench.

Judge Hanzman’s problem is that he was very successful when he was a practicing commercial litigator. Unfortunately, that resulted in a handful of detractors who are jealous of him and feel threatened by his intellect and work ethic. The only way they have to hurt him, or to try to bring him down, is to deny him the reward of this spot.

When Judge Soto is up for re-election, or calls on the commercial bar to help support her new courthouse, the commercial bar should not forget her decision to pass over Judge Hanzman.

Anonymous said...

The complex litigation or business division is the big firm and white boys playground. The division is notorious for influence peddling by the large firms and the establishment types, and by kowtowing and homage by the judiciary to large influential firms and individuals. The level of influence peddling is ever more egregious when the judges assigned to the division are seeking Federal appointments and pay extraordinary homage to those they perceive are in a position to facilitate or influence the appointment. Influence peddlers comprise the committee and the selection process is driven by this committee of large firms and influence peddlers. Both Thomas and Butchko are seeking a Federal judgeship. Although they are both fine judges within their filed of expertise, neither has any real complex civil litigation experience. On the other hand, Michael Hanzman has solid credentials and is not vying for any Federal appointment. Rosa Rodriguez is anyone with solid credentials who is also not vying for any Federal appointment. Judge Soto has made a mistake in her selection of Thomas and Butchko under the circumstances. The selection screams volumes about the process and who can fairly litigate in the influence and big firm division.

Anonymous said...

Sy was a great lawyer and a nice guy. He made the REG a more interesting and pleasant place. I had the honor of trying a case against him right before he passed away. He kicked my butt! Rest in peace Sy.