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.

Sunday, April 11, 2021

CALFORNIA CASE LAW PART TWO

 Rumpole for the defense. 

Ladies and gentlemen of the jury. You have heard the evidence. When last seen, the victim, one Judge Martin Zilber, was staggering out of the JQC with a knife in his back. And the prosecutor wants you to convict my client, Judge Zilber's former judicial assistant, of the crime. 

But lets do what the prosecutor has not done and apparently will not do. Let us look at the evidence not by saying "why did she do it" but "did she do it?"

The prosecutor says there was motive. Judge Zilber had her do his shopping on line, he had her not file leave slips when he was in Malibu, he had her moving furniture while pregnant. 

But as we say in the law, Cui Bono?  Which is Latin for "who benefits"? 

We all know that after leaving her position as a judicial assistant, Ms. Moneypenny went to work for an attorney. Now this is not just any attorney, it is an attorney who specializes in defending litigants facing mortgage foreclosures. This lawyer fights for the little guys against the big, bad banks. And this lawyer is notorious, coming into conflict with not just many judges, but panels of the Third District Court of Appeals, who after one contentious oral argument saw fit to refer this lawyer to the Florida Bar. 

Now where was the victim of this stabbing assigned? The civil division. And what types of cases did he handle you may ask?

[dramatic pause...deep voice] M o  r  t g  a  g  e   F o r e c l o s u r e s!

The Daily Business Review has reported that the JA went to this lawyer and told him that the Judge unfairly targeted the lawyer's foreclosure defense clients. 

And who actually prepared the JQC complaint? Was it Ms. Moneypenny alone? 

NO! You heard the evidence it was Moneypenny along with her new employer. 

This was not, ladies and gentlemen of the jury murder most foul, it was a more baser motive..it was VENGEANCE 

VENEGEANCE which the bible teaches us is reserved alone for the almighty. Vengeance is mine sayeth the lord! 

It was not Ms. Moneypenny who stabbed our good judge. It was not the butler in the laundry room with the candlestick. It was the lawyer, defender of foreclosures, angry at the judiciary, looking to strike back at the evil empire who takes homes away from his clients. It was the lawyer  who slipped the knife in when no one was looking. 

My client is not guilty. 

Item: The DBR has reported that Judge Zilber's former JA went to a foreclosure defense lawyer who helped her prepare the JQC complaint and then hired her to work for him. A veritable love fest.  It does not excuse Judge Zilber's self admitted conduct, but it sure puts a different spin on this case. 

Item: Where in the world was Judge Zilber was part of the JQC investigation. Exclusive to the blog is evidence that was proven that Judge Zilber was NOT on Mars checking out the Ingenuity Helicopter. 




17 comments:

Anonymous said...

A judge who falsifies papers must be removed. Ask Whacky Jackie Schwartz about it.

I do not see the Supreme Court agreeing to anything else but removal.

Marty, you need to resign now.

Anonymous said...

Stupid fodder. Just two people with a vendetta against Judge Zilber now seeking revenge. We're on a slippery slope allowing any disgruntled attorney to go after a judge who rules against him.

Anonymous said...

Zilber is not the worst offender in this Circuit. If Zilber is guilty, more so are the Chief Judge and Administrative Judge who did not document the absences and knowingly allowed it happen either affirmatively or willful blindness. What is the explanation of the Chief Judge or Administrative Judge.

All who condone or fail to report inappropriate conduct of fellow judges are guilty of violating the cannons of judicial conduct as is the judge committing the transgression. A judge’s absences, tardiness, leaving early and other conduct never goes unnoticed, certainly not by their brethren, un-document, yes, but unnoticed never. The chief judge nor the administrative judge of a division can deny knowing of a judge’s frequent or lengthy absences. The rules require judges to document their absence and cannon 2 imposes an affirmative obligation to report the improper behavior of other judges. If you consider all of it, the failure to document excessive or lengthy absence is also evidence of criminal conduct. At their rate of pay, a judge earns +/- $13,500.00 per month or +/- $650.00 per day. So judges who take days of the bench, fails to document the time off by reporting it in writing, and receive full salary during the absence, has misappropriated or stolen from the State. If the absence is a week, the theft would amount to +/- $3,400.00, 30 days +/- $13,500.00, etc. (No different than police officers or other public sector employees are prosecuted for theft for lying about their work schedules, overtime etc.) Are the Judges above the law. Are judges who take excessive time off, do not document the time off and collect full salary not guilty of theft? Are the judges who fail in their duty to document and report the absences not guilty of official misconduct (838.022) or aiding and abetting (777.03).

Rumpole said...

I'll tell you why I removed the comment about one judge going to Zilber for all his rulings. Because it was a silly and factitious comment and while I am not one to talk, we have to be careful linking the names of Judges not associated in this mess with the judge who is, even when done humorously it can have unintended consequences. SO its a no go.

Anonymous said...

Zilber shcmilber. Big question of the day is can Hideki Matsuyama bring home the Master's Green Jacket after sleeping on a three stroke lead Saturday night? I say yes, but this kid Zalatoris can really wack the rock around. Watch him Rump- just watch him.

Anonymous said...

Considering the FSC pretty much increases every sanction sent to it for judges and lawyers, Zilber could be screwed.

Anonymous said...

Just another glimpse into Martin Zilber:

https://wsvn.com/news/smelling-trouble/

Anonymous said...

Judge Zilber needs to resign or be removed. He admitted to abusing his pregnant JA, using his courtroom staff as personal assistants and chauffeurs, and defrauding the tax payers by taking a tremendous amount of (unauthorized) time off and by submitting falsified paperwork to cover it up.

These are no longer allegations. These are instances of misconduct to which Judge Zilber stipulated. The FSC needs to send a message that it will not tolerate judges who abuse their position and power so flagrantly.

Anonymous said...

All the things Zilber is accused of doing happened under Judge Bailey while he was in the civil division. It was her and Judge Soto responsibility to supervise him. But here in the criminal division are judges who don't even have arraignment calendars every day and instead have other judges cover for them. That is the responsibility of our new chief judge and of the judges who cover for the others who aren't working a full week. Zilber has opened a can of worms and there are lots of worms in that can. He ain't the only one.

Anonymous said...

No really, how can we keep judges who do all of this shit? Marty, do the right thing and resign this week. You are a complete idiot and make all judges look bad.

Anonymous said...

What a rotten thing to do to the poor guy and his sister.

Anonymous said...

No wonder he was at every event known to man before covid.

Anonymous said...

One thing is certain he is not going to resign. You don't spend $30,000 on the fine plus whatever he spent on Rothman (which appears to have been money well spent given the JQC recommendation) if you are going to turn around and resign.

Anonymous said...

Something doesn't smell right with Jacobs' involvement. Clearly he has a vendetta. Judge Zilber has cooperated with the JQC and accepted responsibility for his actions. The JQC (the ones with the facts!!) has clearly found a fine and suspension to be a proper punishment. Zilber will be a better judge for this. Let's move on now....

Anonymous said...

So what happens now when a lawyer submits altered, fraudulent documents or 'massages' the facts to get an unfair edge in Zilber case. What moral authority would judge Zilber have to find fault with a lawyer that implements similar schemes and falsehoods, like the ones this judge tried to get away with. What happened to "We Who Labor Here Seek Only Truth". Many judges cover for each other. They look the other way when it's one of them. Reminds me of the book Animal Farm..."All animals are equal...but some animals are more equal than others". I know many honorable judges, but it seems every year we get more celebrity, Kardashain like judges who are always posing and campaigning 24/7 and bulling the litigants, lawyers and staff.

Anonymous said...

I once saw Judge Zilber repeatedly sustain an ASA’s objection to the defense attorney’s questions on cross. The objection was “leading.” Swear to god.

Anonymous said...

Judge Zilber is about to get a scathing FL Supreme Court order of removal. He should've cut his losses and resign. Leave through the big door. Instead he has spent over 100K to hold onto power. Now the supreme Court will write an order and make an example of him. Said order will forever be public. Bad decisions after bad decision. Zilber should have retired and rehabilitated. But some people crave power like no other.