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.

Thursday, January 02, 2025

NEW YEAR BUT SOS

 The Miami Herald (Motto "Please come back David Ovalle") got it wrong once again (SOS) regarding your favourite, award winning blog. 

The Herald did an article on the dysfunctional Miami SAO. Not earth-shaking news.

However they referred to us as a, and we quote " On a Miami-Dade judicial blog frequented by defense attorneys, judges and prosecutors, hundreds of criticisms were lobbed, mostly anonymously."

The article is here. 

Point in fact. We are most certainly NOT a "JUDICIAL BLOG".  In fact, the less we post about the judiciary, the higher our engagement. Judges are just so....boring....so 1995 ish. 

We are a polymath blog that posts about all sorts of subjects including law, sports, philosophy, cosmology, sociology, literature, cinema, politics, mathematics, to name a few subjects as well as the goings on at the Richard E Gerstein Justice Building. 

In the future, we kindly request that the Miami Herald refer to us, if they need to use shorthand, as "the best and most widely read legal blog in Florida". If they want to add to the description, they can add "and one of the top blogs in the County." 

That should about cover it. 

Happy New Year and welcome to 2025. 

If you are a long time and careful reader of the best legal blog in Florida, then you have followed our all-time number one trial rule and have not had any trials set for next week, and to be safe- the following week as well. 

As you know, our rule about this is well founded. Judges and prosecutors spend all of their vacation time in December pondering about the year and ruminating on what they could have done better. And every single one of them decide that the way to make their life easier in the new year is to be especially hard on the first defendant to fall into their web in the new year. "Give a few of em a maximum sentence and the word will go out." That's their theory. Defendants will be scared to go to trial and they will have more times for candy-crush, death-scrolling IG, and mani/pedis-the Sixth Amendment right to trial be dammed. It's a small price to pay, in their view, in exchange for not wasting their valuable time on pesky trials. 

Happy New Year - and drop those speedy demands come the end of January and show them that their fear tactics do not work. 

 “[t]he law is clear that any judicially imposed penalty which needlessly discourages assertion of the Fifth Amendment right not to plead guilty and deters the exercise of the Sixth Amendment right to demand a jury trial is patently unconstitutional.  United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968).”  City of Daytona Beach v. Del Percio, 476 So.2d 197, 205 (Fla.1985) (quoting Gillman v. State, 373 So.2d 935, 938 (Fla. 2d DCA 1979)).   Therefore, although a guilty plea may justify leniency, see Smith, 490 U.S. at 802, 109 S.Ct. 2201, an “accused may not be subjected to more severe punishment for exercising ․ [the] constitutional right to stand trial.”  Mitchell v. State, 521 So.2d 185, 187 (Fla. 4th DCA 1988).

28 comments:

Anonymous said...

Always remember..."We employ some of the most gifted and competent lawyers..we are also engaged in an adversarial process with highly sophisticated and competent defense bar... It's hard to win when lawyers on the other side are really good." Thanks, Kathy 😂😂😂

Anonymous said...

Can you check the link to the article Rump. Nothing comes up.

Anonymous said...

The Herald mischaracterizing the blog pales in comparison to the crock of shit they were fed by the SAO in some of those answers. Although some gems came out, assuming they’re true, like the hiring of outside counsel. Anyone know the identity of the lucky winner of this coveted outside counsel role - who’s likely gonna get the wrath of some chief assistants who don’t want any outsiders prying into their little fiefdom? My short list of predictions includes: Izzy Reyes, Larry McMillan, Ray De La Cabada. Any other predictions?

Anonymous said...

Hey Rump. The only thing missing on that list is dating advice.

Anonymous said...

Rump you’re whining someone called you a judicial blog. How about showing some gratitude in the New Year that the Herald included a link to your blog in a huge story picked up by Yahoo News and other national news outlets.

Anonymous said...

Kathy should resign.

Anonymous said...

Judge Bronwyn Miller is still at the 3rd DCA. She even showed up at the PD Christmas party. She has no shame.

Anonymous said...

How to date a badge bunny at the SAO?

Anonymous said...

And her chiefs

Anonymous said...

SAO hired outside counsel? For what at what salary? That’s absurd.

anonymous said...

5:15 Be careful what you wish for. All in all our state attorneys are still the best in the state.

Anonymous said...

Michele Borchew is really really good! If not the best!

Anonymous said...

Yes she should. We the people deserve better!

Anonymous said...

Herald puts up an article and these comments are delayed being posted?

Anonymous said...

Outside counsel? For what?

Anonymous said...

Calling ASA’s gifted and competent is comical.

Anonymous said...

Izzy Reyes should run for State Attorney.

Anonymous said...

Professor H. Scott Fingerhut

Anonymous said...

Blog is not posting comments?

Anonymous said...

How do you pick up the badge bunnies at the SAO without being a cop?

Anonymous said...

Rump really delaying these comments. You must break the chains of the SAO influence.

Anonymous said...

New year same SAO!

Anonymous said...

Hey Rump who is the gifted ASA that e-mailed you and told you to stop posting comments?

Anonymous said...

It’s blatantly obvious comments are not being posted on purpose.

Anonymous said...

Bull shit

Anonymous said...

Let’s spread some criticism inward:

1. It’s very obvious that this blog engages in selective publishing under loosey-goosey pretenses and made-up “standards”. For example, I know folks who’ve submitted posts critical of judges who’ve engaged in publicly reported misconduct, with overwhelming evidence of guilt, yet this blog hasn’t posted those comments based on some bullshit rationale only to turn around and blast other judges in very similarly situations.

2. This blog also engages in a great deal of censorship. See # 1, above. While we all understand how the first amendment works in the public versus private context, and we are constantly reminded that this is someone’s sandbox and we can leave if we don’t like it, I find it ironic how this blog contorts itself into a pretzel to justify its selective censorship of criticism toward those who are more politically or philosophically aligned or are simply friendlier.

3. It’s very obvious that this blog has also been subtly and slowly moving away from publishing criticism toward some, especially at the SAO, through a variety of tactics, including more frequent posts about random topics - the series about Nostradamus prophecies will be airing soon, and delays in posting comments. It’s as if the blog is buying time in the hopes that certain criticism eventually dies down, which is ironic because this has been the SAO’s strategy since their scandals broke out.

Let’s see if this post is published and how long it takes to go live.

Anonymous said...

She was looking for Richard

Rumpole said...

My initial thought is to call you an idiot. But I’m giving you a chance to prove number 3 on your complaint. Meaning email me your proof and I will post it unedited on the front of the blog. How’s that ?