Sad news to report that retired REGJB Judge Ric Margolius a/k/a Ric Zweig has passed away.
This is a complicated obituary to write. Much like Jimmy Carter, Ric Margolius accomplished a lot when he left the bench. A music career that earned him accolades and in which he donated profits of CDs to charity. Click here and here.
When he returned to the REGJB to do some coverage, he was, well, a character. We once saw security stop him in a back hallway, sure the person they were seeing did not belong there.
Ric Margolius started his career as a prosecutor and then a public defender. Even at the beginning he was a mixture of black and white, odd and even, and perhaps more aptly - hot and cold. He could run that way - changing temps mid-sentence as he praised a lawyer and then berated them. He served on the bench during a time when there was not 24/7 scrutiny and exposure of every little thing a person does. To put it politely he did not suffer fools lightly. His manner in court could be caustic, cantankerous, or just ornery. He would not get high marks on Judicial Temperament.
But that means he called it as he saw it. He was not afraid to lambast a prosecutor who was stepping over bounds or hiding behind a "victim wants max" mantra. He wanted to see justice done. And he was not beyond giving a defendant a good old-fashioned dressing-down when they pled guilty to a crime.
But there was obviously another side to him, and his life after the bench, spent making music and working for charities speaks a lot to the heart he had and his desire to make Miami a better place than he found it.
We are certain we will not see his like again in our courthouse. He spoke his mind freely, and did what he thought was right, regardless of the consequences or who was offended.
He was certainly one of a kind. May he rest in peace.
15 comments:
Ric was mercurial. He let everybody know what he thought. He didn’t like drug cases, thought drug laws were not effective nor utilitarian to stop drug use and used primary on poor people. A pound of pot or an ounce of coke no big deal. But pity a defendant who was found guilty of Robbery or Grand Theft, ‘ your a thief he would tell them especially GT Auto. He would go on saying, with his voice raising with every word:
Imagine you are in Coral Gables having an anniversary dinner with your wife and you come out of the restaurant to find your car stolen .
BUT he never added a trial tax just sentenced a defendant to what he thought was deserved.
Rick was a true character once he assumed the bench. I had one trafficking case where a female then judge granted my motion to recuse her since her baliff tried to date the defendants wife while the defendant was in custody with no bond. The case fell to Ric. He motioned me to sidebar and told me to wait 2 days and he would grant the bond that the female judge had denied before she got recused. Later he spent time in central America having a good time with some of the local ladies. He was truly unique. Sad to hear of his passing.
He was a very difficult judge to deal with, but upon retirement turned into a real nice guy
I’m not going to make a comment Rump. That’s how I was raised.
I have Ric (along with Jay Kolsky) to thank for my legal career in Miami after they came up to New York to interview new attorneys for the P.D. Office and offered me a job. I also have Ric to thank for getting to argue a case (Pardo v. State) in front of the Florida Supreme Court after he granted my pretrial motion to exclude child hearsay evidence and the State sought interlocutory relief. Like Rumpole says, he was one of a kind and did not mess around once he started a trial. He had his own standards and almost always ended up doing the right thing.
Clayton Kaeiser
Just saw Judge Jeffrey Swartz on Cuomo tonight. He is a “Distinguished Professor of Law” at Cooley Law School now. Brilliant.
Pretty sure Ric started out his career at REG as a prosecutor, albeit briefly, and transitioned to the PD office. He was much more suited and comfortable in that position. Did a good job as a defense lawyer.
Became a Judge and became “an acquired taste” in that capacity. On the bench by 9:00 AM and home by 11:00 AM, 12 at the latest. Never got political opposition despite his work ethic and temperament.
If you check his jury trial stats I’ll bet they hover close to -0-
Pressured and intimidated to get pleas so he would be out the building early.
Lived in Republic of Panama after senior judgeship. Enjoyed his music and sharing $ made from his CD’s with charities.
He was happier doing music then Judge stuff.
The blog is turning into an obituary section, which everyone should take stock in - we don't live to work. I wish judges took stock in this - sometimes we need a mental break to just rest and/or be relax after the day to day stress. Not a vacation (where we still work), but just time to go about our daily lives without everyone on our back. Yet judges get upset because an out of custody client's case is not resolved within 12 months and their audit isn't going down.
Firstly, thanks for the kind comment Clay, I remember that recruiting trip to New York with Rick, it was exceptional, you, Rodney Thaxton and Patrick Nally, were hired for our office among some other brilliant legal talent.
Rick had a keen eye for what would become dedicated defense attorneys , and a unique style of interview , for the times.
Rick and I started off as prosecutors for Richard Gerstein, in 1973, and the Justice Bldg. , sort of molded him into the Jurist and aging “rockstar” he believed he was. The P.D.’s office finished the final product he became.
Love his style , or hate it, on the bench , he maintained his equilibrium and dispensed Justice Miami-Dade style. Snarky comments and all.
I want to add , that this week, between Greg Gonzalez’s illness and the loss of Bob Josefberg, has been tough on all of us it reminds us of the fragility of life.
It’s not just the personal loss , of life itself, but the character of men like Greg, and Bob that we lose forever.
One brief anecdote about Josefberg, that sums up what I’ve been trying to say about character, and I only mention it because Bob died as has been reported during a deposition. About a dozen years ago I attended a bar-b-que where he was present. I introduced him to a young and brash defense attorney who upon introduction told Bob, “it’s time for you to step aside ,and let some young lawyers handle some of your “big” cases. To which Bob replied, “ I’m not going anywhere, I want to die in trial, no I want to die giving a closing argument, so I can at least get a mistrial. That ladies and gentleman is dedication to your profession.
Rest in peace 2 different but still exceptional and praiseworthy warriors.
Justice obituary
What a downer reading this blog has become. I have many memories of BOTH Josefberg and Rick. I met Josefberg in a 4 month Federal trial. I met Rick when he was a Judge and Alex Michaels was the ASA in his division. Alex still had his Romanian last name. I dated both of them. Need I say more. Rick loved music . He was managing the group Orleans when they had their huge hit " You're Still the One." A favorite date night with Rick was watching the classic Scorsese documentary "The Last Waltz". I shared his love of the "Band" and upstate NY [Rick went to Cornell] where I now have a second home near Woodstock and where I am writing this from. I attended many "Mightnight Rambles" at Levon Helm's Woodstock home and studio when Helms was still alive. I thought of Rick each time even though we had lost touch and he was living in Panama. I LOVE the picture you posted. Exactly how he would want to be remembered. Rick was a character who was misunderstood by many. But he was very sensitive and had a good heart. RIP .
A few memories. The older he got the more he insisted on absolute silence in the courtroom. One day he saw a signer interpreting for a deaf client. He erupted and threw them out of the courtroom. He did not suffer fools lightly. I was standing behind a lawyer in line who was getting nowhere with Ric. “What we have here” Ric intoned “is a failure to communicate”. Then he looked around. “But no one here knows where that line comes from”. A beat later I blurted out “ Cool Hand Luke. Benefits of skipping school and watching old movies.” The slightest smile crossed his face as he turned his attention back to the lawyer who was not getting what he was saying.
And finally, having to prep a client for a plea colloquy. “Look. He’s not like other judges. When you pled guilty to grand theft he’s going to say ‘so your lawyer has told me that you’re a thief. Is that true ?’ Just say yes and try not to engage with him too much. “ But looking back I’d take berating and a fair if not lenient sentence than the judges who smile nicely and max out my client. Ric could not survive on the bench today. He was too crass. Too outspoken. Too rude at times. But he was real. And that is a quality that is more and more lacking these days when any misstep gets you trashed on social media. I was so pleased to see him use his retirement for music. I envied him. Having so much free time to devote to something he loved. Rest in peace.
Oh one more thing. Nothing was better than watching him in recent years cover a court calendar for a week. I’d see ASAs walk out of there absolutely stunned about how the judge treated them. He didn’t defer to them. He was not obsequious. He ripped them a new one when they deserved it. They weren’t used to getting that. “Welcome to my world when I was an Asa in the 1980s” I’d tell them. And he was one of many characters back then. Sepe. Morphonios. Nesbitt. I’d walk into the courtroom shaking, no idea what would be coming down. Then I’d slink back to my office. “How’s the trial going ?” “Snyder JOA’d me in opening.” “What ? He can’t do that.” “When the defense attorney is Richard Gerstein he can. I finished opening. He sent the jury out and asked me if that’s all I had. I told him that I was ready to call witnesses. Nah, he said, not enough. Joa”. True story. That was life back then.
I feel an obligation to report on the passing of people whose lives intersected with the REGJB. And I can tell you that many many family members of those who have passed have reached out to me thanking me for allowing people to post memories and remember them. So I’m sorry it’s a downer. Sunday’s post is an upper.
Ric did not relay on his bailiff to keep the courtroom quiet. When the noise would get loud enough to annoy him, Ric would shout "SHUT UP' in a loud voice. It worked.
Ready for trialllllllllllllllll he would say when you would announce ready. So many stories about that guy. Loved sex drug and rock and roll. Was just telling stories about him. Rip
Post a Comment