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

Friday, March 17, 2017

HAPPY ST PATRICKS DAY

Today will be the day lawyers wear bad green ties or scarfs or ascots to court.  Afterwards there will be lots of drinking. 

Query: Should there be requirements that a lawyer demonstrate proficiency in an area before handling a case? 

A doctor who passes her medical boards on Tuesday cannot perform open heart surgery on Wednesday. She can't even lawfully remove an appendix. 

Yet a lawyer who is sworn in on Monday can pick a jury in a murder case on Tuesday. The Florida legislature has set proficiency requirements only for death penalty cases. 

Most people who practice criminal defense usually come from the PD or state attorney's office, where they receive training. But as more lawyers enter the marketplace, less have the training necessary to handle a complex case. 

What to do? 
Does a Judge have an obligation at any point to stop a deficient defense? We have seen (notorious) situations arise (rarely) where judges have been caught assisting the prosecution. This of course is both an outrage and a violation of due process of law. But what should a Judge do when an incompetent defense attorney is bungling their way through a trial? 

In other matters, we have been pondering the statements made by the president's aide that "microwaves can be turned into cameras."

Startling information. At the moment, this is the only solution we can think of:

Another beautiful spring Miami weekend

From Occupied America, Fight the Power!



12 comments:

Anonymous said...

No a Judge should not. They are there to call balls and strikes.

Anonymous said...

Cut 3rd year of law school. Add two years of practical internship rotations (PD, SAO, certified "teaching" law firms or corporations where students can get civil experience). Make it the equivalent of medical school.

Right now FIU law school has set up a horribly ill-advised policy of encouraging their students to go out on their own straight out of law school. They are setting untrained and incompetent lawyers (1st year lawyers coming from Harvard and Yale are incompetent too) lose on the public. This is irresponsible. The answer is to revamp law school training so that lawyers come out of law school with the skills needed to actually represent clients.

Anonymous said...

I think the answer is to replace BAILIFFS. They should be replaced with FIRE MARSHALLS.

Anonymous said...

No real need. Just put fire sprinklers in certain courtrooms??

Anonymous said...

Ask yourself: What would Judge Alphonso Sepe do?

Rumpole said...

I'm just wondering why this stunt was stupid?

That old lawyer trick where the defense attorney tells the jury that his client is innocent and in a moment his partner will be bringing the real murderer through the door- and then as the jurors glance at the door the lawyer says "If you looked at the door- that is reasonable doubt."

If he arranged to have his pants spontaneously combust, and then put the fire out, and then said "if you thought my pants actually caught on fire for no reason, then that is reasonable doubt."

I think that is what this kid was going for.

Anonymous said...

2 years of law school followed by a year of internship or apprenticeship, whatever you call it, should do the trick.

Anonymous said...

No, 3 years law school and 2 years as a intern

Anonymous said...

Saw Lurvey get attacked my nok in the hall after trial today. Hope he is ok.

Anonymous said...

I promise you he was not going for that. Talk to him for a minute and you will know something is off.

Anonymous said...

Not a critique, just a question. Is this blog going to cover the 101 pager on Rundle deciding not to bring charges for the alleged shower burning? I'm interested in your take.

Seth Sklarey said...

Shall we refer to the incident as Hantzman vs.the pantsman?

Or shall it forever remain Lawyer, lawyer, pants on fire?