When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
JUSTICE BUILDING BLOG
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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.
Friday, April 17, 2020
TWO NEW CIRCUIT COURT JUDGES ......
THE CAPTAIN REPORTS:
ELECTIONS HAVE CONSEQUENCES ..... TWO NEW CIRCUIT COURT JUDGES
Don’t ever let anyone tell you that elections don’t have consequences. Just ask Tayha Fuenmayor. More on her shortly.
A couple of months ago, Circuit Court Judges Jacqueline Scola and John Schlesinger announced their retirement. Scola’s last day on the bench was March 6th; Schlesinger’s April 3rd. The JNC met and interviewed several applicants. On March 20, 2020, they sent 12 names to the Governor for his consideration. Governor DeSantis had SIXTY DAYS to make his decision, meaning we should have expected the two new appointments to be made on or about May 19, 2020. Ah, but here’s the rub.
Picking the two replacements from the current pool of County Court judges, specifically County Court judges that were running for re-election in 2020, well that was the smart play. And appointing two County Court Judges running for re-election, and doing so before Monday, April 20th, that would be the really smart play. Because, that would mean the seats would be "open" before Qualifying Week (which runs from April 20-24, 2020) and then DeSantis gets to appoint the two replacements, depriving the voters of Miami-Dade County of that right.
Very, very shrewd. If DeSantis regularly made appointments to the bench 30 days or less after receiving the names from the JNC, well, then, ok, that would be "normal". But DeSantis almost always makes his appointments on or very close to the 60th day.
AND, with two open seats on the Florida Supreme Court, the Supreme Court JNC sent their nominations to the Governor on January 23rd. Constitutionally, he had 60 days to make those appointments with a deadline of March 23rd. Guess what - DeSantis said he had something a bit more important to do - manage the COVID-19 crisis - and that the appointments could wait.
That leads us to DeSantis’ two newest appointments to the bench.
JUDGE ZACHARY JAMES. He replaces Judge Scola on the Circuit Court bench. In less than ten months, James has gone from private attorney to County Court Judge (having been appointed on June 5, 2019) to Circuit Court Judge - he was appointed on April 3, 2020, a mere 14 days after his name arrived on Gov. DeSantis’ desk. By the way, James is a former ASA.
JUDGE LODY JEAN. She replaces Judge Schlesinger on the Circuit Court bench. Like James, Judge Jean jumped from ASA to the County Court bench (November 16, 2018) to the Circuit Court bench (today) in exactly seventeen months.
THE KICKERS. Judge James had filed to run in Group 28 of the County Court. Now, not only does he not have to face the voters in August, but because his appointment comes before Qualifying Week, DeSantis gets to name his replacement .
And that’s where Tayha Fuenmayor comes back into the story. You see, she filed to run in Group 35 of the County Court against, you guessed it, Judge Lody Jean. With DeSantis’ appointment today of Jean to the Circuit Court, he literally pulls the rug out from under Ms. Fuenmayor’s feet. If he had made the appointment next Monday, during Qualifying Week, the voters would have decided who the next Judge would be in Group 35. Now, instead, Jean gets a free ride until 2022 before she has to face the voters, and DeSantis gets to chose Jean’s replacement. Fuenmayor, we are guessing, will need to find another Incumbent judge to challenge next week.
In case you are keeping count, and we are, that’s two more former ASAs named by DeSantis to the bench. In less than 16 months on the job, DeSantis has named 59 judges to the County, Circuit, DCAs, and Supreme Court bench. The count to date: 41 of the 59 were at some point in their careers an ASA/AUSA/AAG. The only appointment Governor DeSantis has made directly out of a P.D.’s office so far: Judge Ayana Harris.
Have a COVID-FREE weekend.
CAPTAIN OUT .......
Captain4Justice@gmail.com
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13 comments:
He could not have made a better choice than Judge Lody Jean. I do not like Desantis, but he made an excellent choice he choosing her.
This may be a shocking statement coming from me, but I do not think the term of "free ride" is a fair analysis for Judge Jean not having to face the voters until 2022. It connotes some sort of favoritism and shirking of a responsibility which is not fair as to Judge Jean. She has a promotion to Circuit Court. She is well respected and if she does a good job then hopefully she will not face opposition in 2022, which is closer than we think. She has a lot of work to do getting up to speed and setting up an election committee for 20222 in what appears to be a very difficult political environment.
Hey Rumpy:
With all this movement, how do we know who is up and who is running against who next week when qualifying is over?
Excellent question. Check the Blog Monday and Tuesday. We report. You decide.
Rump, I am watching one of the top ten movies of all time. A classic of cinema. Plot. Music. Themes. Stars galore like Richard Pryor, George Carlin, Prof Irwin Corey, you know of course what I am talking about- the greatest 1970's movie of all time and one of he greatest movies of all time...the one ...the only
CAR WASH!!!
Lody Jean was an excellent lawyer, a fair ASA, and excellent county judge, and exactly what we need on the circuit court. Our criminal division is suffering a bit by having to slot in folks without experience. I do not know Judge James, but at least he has been in the building. I know Judge Jean and although I was unhappy with how she treated one of my clients many years ago, I have grown to respect and admire her.
Say what you want to ,but appointing her puts a highly qualified Haitian American on the bench and avoids having her run against someone with fewer qualification.
By the way, Marie Mato was on that list. She also is the kind of judge we need on the bench, and I hope she does not have to slog through the county court to get there. We need her now.
Lody Jean is smart, fair, even keeled and not ego driven, she will be great on circuit bench, she’s also a very nice person and has a good sense of humor. Great move by the gov.
I agree 100% with the appointment of Judge Jean! She is exactly what the circuit court bench in Miami Dade County needs! I also agree on the comment about Marie Mato! But it is unfair to portray Lody Jean as being someone that "fell" into the circuit bench appointment....Judge Jean has worked extremely hard all throughout her career, as a law student, as an ASA, as a lawyer in private practice and now as a county court judge. She does not take her job as a "hand off." She studies the cases, she reads up on case law, she inquires of others who have tread the waters before her. This other "unknown" PIP lawyer that filed against Judge Jean, did not even work 1/3 as hard as Judge Jean did in her re-election campaign. And YES, elections are important, and maybe next time a lawyer decides to run against an incumbent, they need to put the time and effort into actually campaigning and showing who they are and what they stand for, and how they would be better than the incumbent. #LodyJeanROCKS#LodyJeanFAIRJUSTHARDWORKING. For many of my colleagues, I can say: we are happy Lody Jean was elevated to Circuit Court!
Seems like normal political maneuvering and not that big a deal. And both picks are very good. It's true that elections have consequences but in the realm of electing judges, its usually a negative consequence.
That’s your best post ever.
-Calli
I despise Trump. DeSantis, however, has been a pleasant surprise. Overall his judicial appointments have been superb.
7:58 Do you include the Supreme Court with that?
What has Jean done in County Court to distinguish herself? Jean will get opposition, her base may have a tough time raising funds, and she has a name recognition issue outside of the Haitian community. Mark my words. She should be concerned, IMHO.
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