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, AND THE POPE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, August 31, 2020

HERE'S YOUR NEW CIRCUIT COURT JUDGE IN ACTION

 Using runners to solicit cases. Yup, the judiciary was upgraded with this election. 

Will the Florida Bar/JQC act on a lawyer/Judge employing non-lawyer runners to go to accident victims' homes to solicit cases? Or will they sweep it under the rug?

Will Judge Aponte be appointed as a Referee in Bar cases? We think she should. We think she should get EVERY Bar complaint about a lawyer soliciting cases. It is, after all, her specialty. 

For those of you who defend the Judge- please write in. 

For those of you who believe the judiciary was improved with this election - please write in. 

We know our new judge knows this rule- she is, after all a Judge. But for the rest of us, here is the rule in question:

Direct Contact with Prospective Clients - Rule 4-7.18(a) A lawyer may not contact a prospective client in-person, by telephone, telegraph, or facsimile, or through other means of direct contact, unless the prospective client is a family member, current client, or former client. 

Uz Cate Gui Case Felice Tt i Lien by HR on Scribd

 
Judges are held to higher ethical standard, aren't they?
 Rumpole's rules for Life:#2: Be careful what you ask for in life...you may get it.

43 comments:

Anonymous said...

Rump, this is in incredible! What an embarrassment to our judges and to our judicial system. Is this one of the cases being investigated by the Florida Bar / JQC that was mentioned in The Miami Herald article about "The Honorable" Rosy Aponte? Is this the type of conduct that Aponte's New York law partner and co-owner of their law firm got disbarred for in New York?

Anonymous said...

So why is it that every time someone gets a traffic ticket, DUI, or is foreclosed on by a bank, they are inundated with direct mail solicitations? And you gotta love the inclusion of “telegraph.” As if the original rule were written during the Stone Age and then Western Union came along to force a change in the verbiage.

Anonymous said...

I don't know Rosy Aponte, but if she did use runners to obtain cases, then we would all agree that a violation of the Bar rules occurred and she should be subject to discipline if proven. That said, I can't get past your double standard Rumpole. Joe Biden was caught plagiarizing in law school, he lied bout receiving multiple degrees, lied about his class rank, plagiarized speeches during his previous campaign for President( https://www.youtube.com/watch?v=gmW_CLyjqgY) and nothing is said on this forum. If judges are held to a higher standard (I agree) then so are Presidential candidates. Please comment.

Rumpole said...

Well I just posted it and now here is what I think- every Bar association in the US should immediately STOP all bar investigations and proceedings because...Joe Biden cheated in law school.
Anyone disbarred in the last 30 years should be reinstated because...Joe Biden cheated in law school.

John McCain should be declared the winner of the 2008 presidential election because...Joe Biden cheated in law school.
Ditto Mitt Romney 2012 because...Joe Biden cheated in law school.

Obama care should be declared unconstitutional because...Joe Biden cheated in law school.

John Kennedy who cheated in college should be retroactively impeached because...Joe Biden cheated in law school.
Richard Nixon should be declared president as of 1960 because...Joe Biden cheated in law school.
Ted Bundy, convicted of murders, should have his conviction vacated because...Joe Biden cheated in law school.

Enough of these double standards I say!
President Trump should get AT LEAST 12 more years as president to make up for the time he spent fighting impeachment because...Joe Biden cheated in law school.

Because what we know from your learned post is that TWO WRONGS MAKE A RIGHT.
Right?
And once you identify any wrong in history, all future wrongs MUST be vacated and ignored because, and I say this one last time with emphasis
some idiot who reads this blog believes Joe Biden cheated in law school.

Anonymous said...

Not vacated - just treated equally

Anonymous said...

Yes, the JQC loves to bounce out judges who do shit like that. Good, then we get rid of her AND Tunis.

Anonymous said...

I love the Florida bar. They oversee the explosion of lawyer numbers making it impossible to make an honest living, enact dozens of regulations which only seem to be enforced against sole practitioners and ignore the transgressions of large firms who use lobbyists and bribes with impunity.And with 50 million unemployed and that means no money to pay lawyers the punishes people trying to serve. We need to stop being so snobbish as a profession. Our stuff stinks too .

Anonymous said...

Predictions on Derek Chauvin / Kyle Rittenhouse murder cases?

Chauvin: Murder charge dismissed by court, citing coroner's report on lethal levels of fentanyl in blood, documented breathing trouble before placed on ground. Chauvin gets convicted for tax crime

Rittenhouse: walks on jury verdict. First victim is toughest decision, but video shows vic charging a retreating Rittenhouse. Second vic had just pounded defendant's head with skateboard, third non-fatal vic was drawing weapon at moment of shooting and friend claims vic gave statements about wanting to "empty clip" and only regrets not killing Rittenhouse

America: continues to burn



Anonymous said...

Did joe klock provide the style of the big federal case he worked with ehponte?

Anonymous said...

Why don't you give her a chance?

Anonymous said...

Haters gonna hate hate hate.

Anonymous said...

You mean like how Trump paid someone else to take his SAT examination for him?

Anonymous said...

OMG, there is no way Rosy will last after the JQC gets jurisdiction over her. Good, we get rid of Tunis and within a year we get rid of that moron.

Rumpole said...

10:35 because given her a chance means in this context giving her a pass for all the unethical conduct she engaged in. Just where do you draw a line for unethical and possibly illegal acts committed by an elected official before they were elected. If this was about her stupid comment about colored people then sure she should get a chance. But this is about her conduct in working for a disbarred lawyer which in itself is unethical. Your question is really why don’t you give someone who has broken the rules a pass and see if they do it again. Do you really want that ?

Anonymous said...

I believe in second chances. I guess you don't.

Rumpole said...

My dear sir or madam. My career; my considerable reputation; what pays for the better wine I consume and memberships to clubs that do not allow in the poor, weak, or gullible riff-raff like many of the commentators who post here, is the entire concept of second chances. Of course I believe in them- the concept pays for inter alia, my NetJets bill.

The concept of a second chance however encompasses the admission to the wrong doing. THUS my support of Judge Rebull, who admitted that he did not handle well the issue with the unrepresented defendant and vowed to do better. If he had ignored it, I would have blistered him like I am doing to Ms. Aponte. And by the way- I did write that there was no excuse for what Rebull did. In the worst invective I could conjure up, I compared his actions to a judge in Broward.

Aponte however will not acknowledge that she did anything wrong. Second- if she were to admit having done something wrong, then I would want to know the reason before the second chance. For example, she used an awkward phrase "colored people" during a public discussion. She since admitted to being nervous and realized the phrase was wrong. I have criticized her for saying she was nervous because the forum was a cake walk compared to a tough trial and if the forum rattled her then how can she expect to handle aggressive lawyers? I have also said- because I have evidence- that it appears she lied about cooking at Camilus house for the aforementioned downtrodden with whom I rarely associate.

But what I have NOT done is call her a racist. Because while I think she is NOT well spoken and for that matter has shown no intellectual ability in her law practice, she by all accounts does not appear to be a racist- just phenomenally uninformed and ill-equipped to use the English language.

And considering that I believe communication to be a powerful tool- that I have said many many times that Winston Spencer Churchill saved western civilization in part because of his remarkable ability to use the English language- I place a lot of value on an individual's ability to communicate. A judge is in the spotlight. Go back and read our post about how she speaks and what she said. It is terrifying to imagine her getting a high profile case where perhaps the only thing stopping a community from rioting and erupting in flames is how a judge expresses herself.

Now forgive me as I go back to my endeavors on behalf of a client who has paid me well to get her a second chance. There is a sentencing in Arizona later in September I need to prepare for.
You can go back to the sob-sisters society for second chances and sing kumbaya.


Anonymous said...

I see. Second chances only for white men?

Anonymous said...

Memo from Rumpole: "Get off my lawn!"

Anonymous said...

Wonder what insurance companies and their lawyers think about the recent election of The Honorable Rosy Aponte?

Anonymous said...

I understand there is more than one more bar complaint in the pipeline against Ehponte. And there are more grounds that just working with a disbarred attorney.

Rumpole said...

2:38. Oh please. Grow up. Second chances for Bill Clinton. Joe Biden. John Edwards. Mike Flynn. Roger Stone.
Hey wait ....

Anonymous said...

Don't you all realize Rumpole is f'ing with you? Toying with you? Making fun of you? Or is his level of humor beyond your ability to comprehend?

Anonymous said...

A high percentage of your blogs have to do with complaining about Aponte. Enough of the complaining and let’s hear more about real solutions on how we can elect qualified judges.

Rumpole said...

Lets see -223 posts in 2020 so far- well over 2200 posts since 2005 and you say "a high percentage: of "your blogs" (query- I have more than one blog???) "have to do with complaining about Aponte". Putting aside the terrible crimes to the English language you have committed, I need you to define "high percentage" because I guess if you define high percentage as .05% then maybe so. But in our view, since less than one percent of all of our posts since 2005 have been devoted to Ms. Aponte, I must respectfully- and I say this with all sincerity- disagree with your contention.

Anonymous said...

Still no ideas or solutions...

Anonymous said...

This fight is not fair. These people are super serious and Rumpole is riffing like Robin Williams or Andy Kaufman. It's funny to watch, but sad for these people who take themselves so seriously. Keep it up Rump- it's a great spectacle and very entertaining.

Anonymous said...

5:04

I do not find these adolescent rants you characterize as "riffing" the least bit amusing. Feels like bullying to me. This is a real person. If she's done something wrong, it will come to light in due time. So right now, she deserves respect.She won an election. She should be congratulated.

Anonymous said...

The 230 pm comment is a classic and should be a Rumpolio hall of fame nominee.

Anonymous said...

DUE TIME? Hey moron- the idiot was elected despite violating the Florida Bar rules by using non lawyers to solicit cases. The voters now gave this unethical moron (have you ever hear her speak?) the power to sentence people to prison and even death- although as a lawyer she sold her name down the river for a few sheckles.

I do not know who is dumber? The colored people's judge or you.

BTW what does it take for someone to not give this judge elect a clean slate despite her crimes? Shooting someone? Trust account violations? Or just a long list of plaintiffs injured in car accidents that she and her unethical firm solicited and then stole from by racing to put liens on the file when they were about to be fired.

Anonymous said...

Giving Aponte a clean slate is a travesty. If she called someone a racist word would she get the same "let's give her a chance" argument? Oh wait...she did and these apologists (probably people working in her law firm trying to bury the negative outrage) still want to look the other way.

Anonymous said...

fourteen years as lawyer, twenty plus on the bench, Aponte is the worst elected Judge I have ever had the displeasure to see. And I have seen some of the very worst and incompetent lawyers rise to the bench.

Anonymous said...

This is not fair Rumpole, someone needs to say something good about her- umm...hang on....hmmm.....she never shot a rabbit...(probably)....she probably likes puppies and parrots...I bet she never poached a rare white African Rhino...hmmmm...she never aimed a machine gun at a bus of elderly people on the way to church...see if you try hard she has some positive attributes...I bet she is a Dolphins fan! I bet she is in favor of clean air and water. I bet she doesn't think lawyers should steal..woops-- strike that...I bet she didn't like what Bernie Madoff did or Ted Bundy. SO see...she deserves a chance with all of that going for her.

Camillus House said...

She's a pretty decent cook!

Anonymous said...

9:25 Very very funny!!!

Anonymous said...

I'm not a bar ethics lawyer but I thought non lawyers or lawyers not eligible to practice in Florida couldn't own a Florida law firm. A quick sunbiz search of the "Felicetti Law firm" shows it's managed/owned by Brian Felicetti, who is eligible to practice in New York but not Florida. What are the duties of a lawyer who signs paperwork on behalf a firm owned by someone not eligible to practice law in Florida? Perhaps either you or the captain can enlighten me.

Anonymous said...

Ehponte did more than just put a lien on cases she was about to be fired. She continued to try to settle cases even AFTER she was discharged. And while a settlement was pending she filed a lawsuit for no other reason than to try to obtain a 40% fee from the client instead a 33% if settled without a complaint being filed. And there is alot more of her ethic violatiions that will be heard by the JQC.

Anonymous said...

9:20 it's well known that you are your colleagues are vipers. Get your own house in order before you start talking about a person who's not even on the bench.

Anonymous said...

It sounds like Aponte works for J. Lyman "Bruiser" Stone!

Anonymous said...

My former boss who holds elected office cheats on her CLE & says cheating in school just proves a competitive spirit...

Anonymous said...

9:24 Very funny.

Anonymous said...

If you ain't cheating, you ain't trying. Aponte for Chief Justice!

Neil Rogers said...

She never stole a freight train?

Anonymous said...

Johnny Dark’s an a- hole.
Loan me fifty dollars.
Joey Reynolds swing Joey swing ! The Joey Reynolds show. What a show !