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

Tuesday, September 05, 2017

SUBPOENA STANDOFF AND A HURRICANE SONG

UPDATE: STATE AND FEDERAL COURTS WILL BE CLOSED THURSDAY AND FRIDAY. 
ALSO UPDATED: THE SUBPOENA HEARING WILL BE WEDNESDAY AT 10:00 AM BEFORE JUDGE BARAKAT.
(We see something in the upper atmosphere of Canada which will move this storm away just far enough to brush us. You heard it here first.) 

More importantly than court's closing is the availability of Starbucks. We will keep you updated on those openings/closings.  

The City Of Miami Beach is not accepting subpoenas, otherwise validly served, for police officers for depositions on their day off. 

The statute below,  is unclear

The lawyer who has the issue (rhymes with Batalano) has a motion scheduled today (Monday) before Judge Barakat. Apparently in this case there are six officers with six different days off requiring the lawyer to set them on six different days, incurring six separate court reporter appearance fees. 
Such are the problems from which Solomonic Judicial wisdom appears. We shall see. 

48.031
 (4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness's place of employment if the agency head or highest ranking official at the witness's place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:
1. For a witness who is no longer employed by the agency at that place of employment;
2. If the witness is not scheduled to work prior to the date the witness is required to appear; or
3. If the appearance date is less than 5 days from the date of service.
The agency head or highest ranking official at the witness's place of employment may determine the days of the week and the hours that service may be made at the witness's place of employment


IRMA:
Before most of the ASAs and a few of our Judges were born, Miami had a long-time radio host named Mike Reineri.  Whenever a hurricane would threaten, Reineri would sing a little song "We don't want no hurricanes coming round here." And it worked all through the seventies and eighties, right up until Hurricane  Andrew. 

So take a moment today, pull your eyes away from Channel Seven's apocalyptic predictions- the stock videos of long lines at Home Depot, the empty shelves at Publix,  the fights at petrol stations, and close your eyes for a moment and sing a little song: "We don't want no hurricanes coming round here." 

And maybe, just maybe, if you watch Fox news and believe in the power of prayer....the President will resign!  

COURTHOUSE SHUTDOWN
Irma will be approaching Cuba on Friday, which we think is a good day to shut down the State and Federal Courts and give employees time to make final preparations. While we don't wish destruction on anyone, the mountains of Cuba could do lots of damage TO the storm, and lessen its impact wherever it makes landfall. 



While initial projections had it turning north and perhaps impacting the Carolinas, it now appears Irma could churn through the Florida Straits, brush Miami and the Keys, and hit the Gulf of Mexico and strengthen with the Gulf's warm waters (which, according to the White House has NOTHING to do with global warming, which is a Chinese fake-news fraud designed to ...never mind, it just gets weirder from here) and slam into Mexico or Texas. 

Nothing about Irma is good. Stand by; prepare; sing the song; read the blog; and hope for the best. 


It's gratifying to see that the City Of Miami Beach has taken our motto to heart and is fighting the (subpoena) power!

12 comments:

Fake Mike Reineri by RFFJ said...

"I don't want no hurricanes coming round here..."

BACK said...

Rumpole is back. The old mojo is back. Back to back great posts.
He's singing Back in the saddle again.
Back to the future.

Anonymous said...

Michael Catalano was my 1990's courtroom hero. When he walked in, oy vey ... the prosecution and judge worried. He is damn smart.

Anonymous said...

Beach liaison pulled that on me too. I never read the statute but, it seems clear that they can't do it.

Anonymous said...

Hey kids,

If you too have had MBPD and Hialeah PD wrongfully reject your subpoenas/notices only because the cops are off that day, come to the hearing now set Wednesday 9/6/17 at 10:00 am before Judge Barakat.

Mike Catalano

Anonymous said...

That is not unclear. If the witness works between the date of Service and the date of depo, Case closed, must accept. I hate these service issues. Just tell the as a to resolve in an email, or you will have to serve them at their home. They hate it, but it is easier than dealing with this bullshit. Attach the email to the subpoena so they know who to be pissed with.

Anonymous said...

Petrol stations?

Anonymous said...

I guess a weather report is better than an elitist "reading" list
MAGA. Fight the liberal "logic"

Stay safe everyone

Anonymous said...

Sad news today. J.C. DUGUE had passed away

the trialmaster said...

Reineri would give the weather reports by the temperature clock he would pass in south dade on his way to the station.

Anonymous said...

Very sad to hear of JC's passing. He was a great guy and father.

Anonymous said...

Miami Beach PD backed off. They accepted the subpoenas. If they pull this stunt again, I suggest you ask for sanctions.