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.

Tuesday, March 15, 2022

WHERE IN THE WORLD ARE THE ASA'S?

Update: Want to know how it was working for Janet Reno? Read this comment :

Anonymous Anonymous said...

One day, while I was in trial, I got the dreaded message that Miss Reno wanted to see me. I wondered what I had done to warrant a visit to the boss. I walked into her office and she pleasantly asked how my trial was going. I breathed a sigh of relief and was amazed that she even knew I was in trial. We chatted about the trial, and then she looked at me with a steely-eyed stare and told me that a victim in one of my cases had called her to complain that I had not returned her phone call. I arrogantly replied "Janet, I have been in a trial for almost a week, and I have been working nights also to keep up". I explained that this victim was a pain in the ass who would never be satisfied. I noticed the vein in her neck start to throb, a sure sign that I had said the very worst thing. If you were an ASA in those years, the neck vein throb was one thing you never wanted to see. She calmly replied that she returns every phone call before she ends her work day because it is the professional thing to do, and inquired if I thought that I was busier than her. Impression made- I never again left work without returning all my calls. She taught me a lesson in professionalism i never forgot.

The tone of the office is set by the leader. I do not believe that KFR communicates that returning phone calls to defense attorneys or being available for case discussions that lead to plea agreements are a priority. She is about politics- kiss the victim's ass, and don't piss off the cops.

If I am wrong, I hope that some current ASAs will reply with their view of why the defense bar thinks they are so difficult to reach. Today, with email on your cellphone, there is no excuse.

Tuesday, March 15, 2022 10:09:00 AM

 
Delete



 Chatter on the not to be mentioned listserv (but here's a hint- it rhymes with EF-A-CEE-DEE-HELL) is that prosecutors cannot be reached. 

Lawyers are frustrated. And frustrated lawyers drink Titos vodka and that doesn't help anyone but bartenders and bars. 

So why aren't prosecutors returning calls and emails? 

Here is one reason we shall posit- there aren't that many prosecutors. 

The dream job- the one that had dozens of applicants for everyone accepted, has fallen in disfavor. 

First, because defense is in our blood, let us defend Ms. Rundle, her office, and her minions. 

Being a prosecutor in Miami-Dade is a dream job. It's the very best job any lawyer who wants to practice criminal law can get. This is one of the best and most active prosecutors' offices in the nation with a tradition of excellence that is hard to match. Manhattan DAs office; LA DA's Office; Miami-Dade State Attorney's Office. These are great offices with legendary prosecutors and legendary prosecutions. 

Second, the Dade SAO has suffered, like all jobs and all legal offices, lots of turnover. In times of Covid19- and don't ask us how because we do not know- people are not working. We go to our favourite restaurants and see signs asking us to be patient because they are short staffed. Maria's Greek on Coral Way, were we used to see Janet Reno having a late supper, has such a sign in their restaurant when patrons walk in. 

So in general all businesses are short staffed these days. 

Third, the appeal of being a prosecutor in The Magic City was trials. Come to Miami and try a lot of cases against the likes of Rumpole and others. Covid19 wrecked that but good. We have a generation of young prosecutors sitting around not going to court and fending off the sharp elbows aggressive PDs and crafty defense attorneys throw in the heat of battle. Not hardened by battle, these young prosecutors are leaving in droves for the 85k a year drudgery of insurance defense. 

Your emails aren't being returned? Your calls go unanswered? Don't take it personally. There aren't as many prosecutors as there used to be. 

Here's your Ukrainian moment for the day: 

6 comments:

Anonymous said...

There is no excuse for mot being professional. Additionally, with the State’s switchboard being down 50% of the time , that office can do a whole lot better. They wanted the job, now do the job

Anonymous said...

One day, while I was in trial, I got the dreaded message that Miss Reno wanted to see me. I wondered what I had done to warrant a visit to the boss. I walked into her office and she pleasantly asked how my trial was going. I breathed a sigh of relief and was amazed that she even knew I was in trial. We chatted about the trial, and then she looked at me with a steely-eyed stare and told me that a victim in one of my cases had called her to complain that I had not returned her phone call. I arrogantly replied "Janet, I have been in a trial for almost a week, and I have been working nights also to keep up". I explained that this victim was a pain in the ass who would never be satisfied. I noticed the vein in her neck start to throb, a sure sign that I had said the very worst thing. If you were an ASA in those years, the neck vein throb was one thing you never wanted to see. She calmly replied that she returns every phone call before she ends her work day because it is the professional thing to do, and inquired if I thought that I was busier than her. Impression made- I never again left work without returning all my calls. She taught me a lesson in professionalism i never forgot.

The tone of the office is set by the leader. I do not believe that KFR communicates that returning phone calls to defense attorneys or being available for case discussions that lead to plea agreements are a priority. She is about politics- kiss the victim's ass, and don't piss off the cops.

If I am wrong, I hope that some current ASAs will reply with their view of why the defense bar thinks they are so difficult to reach. Today, with email on your cellphone, there is no excuse.

Anonymous said...

ASAs that care about their cases and their docket will respond. The turnover hasn’t helped because people are emailing the wrong ASA.

Anonymous said...

@10:09

Excellent post. I would say a couple of things though:

Counterintuitively, email has made it harder to get back to people, not easier. I'm old enough to remember work before the proliferation of email. The number of messages was fewer and it was easier to sort the wheat from the chaff. If I am in court all day (or heaven forbid I take a day off), when I get back to my emails, I may very well have hundreds of emails.

The economic pressure on young ASA's in Miami is greater today than it was in the 80s and early 90s. Between the ever growing cost of law school and the crazy growth of real estate prices, the "grass is greener" disaffection must have an impact on morale.

Anonymous said...

Please, I'm sure that many of us on the defense side now, were ASAs at one point. I was and I returned my calls. It was at most, 3 to 5 calls per day. I understand if they're in trial and can't return a call. But other than that, there's no excuse.

Is it because they're in their late 20s and just can't pick up the phone and can't talk? We're not calling to bother them, we're calling to discuss our cases. Oh no, they actually have to have to pick up the phone and say, "this is ASA ____." Poor them. With that said, not all of them are like that. Some, although very few, do return calls.

Anonymous said...

Here's how it goes:

Good afternoon State Attorneys Office.

Hi, Im defense attorney X and would like to speak to ASA Y.

Case number?

F21-1234.

Just a moment.

Good afternoon Stat Attorneys Office.

Hi, Im defense attorney X and would like to speak to ASA Y.

Case number?

F21-1234.

Let me see if they are in their office.

Sorry they are not, can I take a message?

Sure. Im defense attorney X on case F21-1234, can you have them call me back at the following number?

*No call*

*Repeat ad infinitum*

And emails? lol.... May as well send a smoke signal.