CUETO DISQUALIFIES HIMSELF

Judge Cueto disqualified himself in the case before involving Miami commissioner Michelle Spence-Jones. But not before taking a few shots himself. 

Cueto order from Justicebuilding

MORE ON CUETO: TWO VIEWS

Monday morning update: It's 47 degrees at 7 AM.  There's  a forecast for a low of 38 degrees tonight at 10:00 PM. It could be worse. You could be in NYC, or Boston, or anywhere north of here. 

I want to keep this thread running because I think the comments are great. Both sides of this issue are covered, as well as some of the significant side issues. 

This is why I created the blog. I hope you are enjoying the discussion. 

HR.

From the comments section: First Judge Pinero:

Judge Rob Pineiro said...
Rumpole, just how pompous and sanctimonious can you possibly get? Your ranting directed at Judge Cueto clearly shatters any prior limitations. To call for the Judge’s removal from the criminal bench because of his comments at a bond hearing is akin to wielding a sledge-hammer to kill a gnat. It is so ludicrously over-the-top, I suspect it is a deliberate provocation to spark debate. In fact, I hope it is because, if not, it paints you as an unthinking, knee-jerking hypocrite who rails against zero tolerance, minimum-mandatory sentences and lack of discretion while applying the same when it suits you.

Judge Cueto is a good man who cares deeply about our constitutional rights. He knows how important a free and independent judiciary is to safeguard these rights. The judge has personally experienced the deprivation of the common human decency embodied in our constitution. Judge Cueto’s father was imprisoned as a political prisoner in Cuba for two years because the courts there were nothing more than a tyrant’s rubber stamp. Given his background, it is easy to see how this rude, crass juvenile was able to get such a reaction from him—she was attacking the courts, the institution which truly safeguards our liberty.

If you are concerned the judge gets what's comming to him, do not fear. His brethren will tease him no end for his use of the panic button.

So, Rumpole. Twist off the screw on cap of your Chateaux Miami River and chill out.

Judge Rob Pineiro

Rumpole Replies: First of all, I think I can be even more pompous and sanctimonious, so keep reading.   You should note that I did not call for a JQC complaint or that he be removed from the bench, just sent to Civil or Family or Probate. He's a new judge and needs more training.  I stand by my comments about his actions, which you did not address other than my call for sanctions. In two days of reflection however, I will say this: I know little of Judge Cueto, personally and professionally, and perhaps knowing more about him would change my mind. The first impression however,  is not a good one.  Secondly, this is his "first offense" shall we say,  and he has otherwise received high marks from everyone, so perhaps PTI is in order.  

One final thought Judge P, because like me, you're old enough to respond to this question: What would Judge Cowart have done?  

The Captain points out in the comments section that Radio commentator Paul Harvey has passed away at age 90. We are old enough to remember he had five minute spots on local television stations in Florida and other parts of the country, where he gave commentary on the news. 

But in honor of Paul Harvey, let's look at an opposing view point, so that now you know...... 

Anonymous said...

As a former ASA I'm amazed to say that I agree with Rumpole. This judge was not trying to teach the 15 year old a lesson or to retain order in his courtroom. He was satiating his offended, overblown ego.

The purpose of his diatribe was to insult and demean and to re-establish what he sees as the proper power hierarchy. "Apologoze to me or I will throw you in jail." I hope it makes him feel like a big man to berate a 15-year-old girl.

Should the family have been admonished? Yes, but not screamed at and threatened. Judges don't scream and threaten; they conduct orderly business. This matter should be referred to the JQC, as should the other judges who conduct tirades at prosecutors, witnesses, victims, defendants, and defense attorneys.

...the rest of the story.

Horace Rumpole............................................GOOD DAY. 

JUDGE CUETO RECONSIDERED?

The comments to yesterday's post about Judge Cueto's actions at bond hearing are almost unanimous in support of Judge Cueto. 

After hearing that Judge Cueto refused to lower a bond, a fifteen year old girl cursed and stormed out of the courtroom. Cueto called for the police, hit the panic button,  had the family brought back into court and screamed at them and demanded they apologize. 

The comments applauded Judge Cueto for not putting up with the rude behavior, and for making the girl apologize. The comments support Judge Cueto for pondering whether life in prison would be appropriate for someone who sold cocaine.

Perhaps in light of these comments we need to re-evaluate our position.?

Perhaps WE should be the one apologizing to Judge Cueto?

Rumpole replies: NEVER!

What Judge Cueto did is what we all want to do.  And perhaps what Judge Cueto did is what needed to be done. Someone needs to grab this little ruffian and shake some common sense into her. 

But not a Judge, in court, during a first appearance. 

And this is where all the commentators are wrong. They are mistaking what someone should do, with what a Judge should do.

The Judge's primary responsibility is to review the arrest affidavit, determine probable cause, and set a fair bond. 

Judge Cueto did that. 

The Judge's secondary responsibility is to give an appearance of fairness to the public. When Judge Cueto reviewed the arrest affidavit and spoke with the Defendant's mother, he did that. 

Where Judge Cueto failed is in his response to the girl cursing.  Re-watch the video. Watch the Judge explode and shake with rage. Watch him lose all control to the extent he tries to use a panic button for a situation that does not call for all security hands to rush to the courtroom. 

Is this the type of person you want sentencing someone? 

What we see is the Judge's personal frustrations coming to the surface. 

Does he have an agenda against gang members who deal drugs, and against snotty teenagers that have no respect for anything? 

Then he needs to resign and join the state attorneys office, or go work for the SAO or the PDs in the Juvenile courts. 

His job is to remain in control of his temper and control the courtroom and rule fairly. 

Read the Florida Supreme Court decisions admonishing Judges who are disrespectful to the public. The Supreme Court takes very seriously how the public views the judiciary. And for good reason. When we lose respect for Judges, we have lost respect for those we have elected or appointed because we believed they were among the rare few of us to be trusted with decisions of life and death over our fellow citizens. 

Judge Cueto had a responsibility not to lose his temper and to control his courtroom, even assuming that what the girl needed was a good hard lesson in civics.  

In the end result what do you think would help this girl more: some middle aged guy in a robe screaming at her, or a contempt hearing in which she is ordered to perform community service at the courthouse? 

 If the Judge really wanted to help this girl, he would have required her to spend a week with him in bond hearings and then write a paper for school about it. 

There are a million ways this judge could have imposed order in his courtroom, and helped instill some respect in this girl for our legal system. 

And there was one way he could have failed in all respects, and that is the way he acted. 

I stand by my previous comment- until he demonstrates an ability to control his temper, Judge Cueto needs to apologize and he needs to be removed from criminal court. 

HR. 

JUDGE CUETO NEEDS TO BE REMOVED FROM CRIMINAL COURT

(TWO NEW POLLS ON JUDGES CUETO AND EIG.)

"I'M NOT GONNA PUT UP WITH THAT CRAP".    

Those were the words of Judge Jose Cueto  as he demanded that the police go get a distraught mother and her family, including a 15 year old juvenile,  as they left court upset after Judge Cueto refused to lower the initial bond for the woman's son.   (If you're tuning into the blog to read about Judge Eig calling someone a crack whore in Juvenile Court, that link is below.)

The title of the post links to the tape of the bond hearing. 

In well over twenty years of practice in the REGJB we have never seen a Judge lose his temper to a distraught mother this way.  

Judge Cueto needs to be removed from criminal court. He cannot control his feelings of prejudice against those charged with selling cocaine. 

Jude Cueto  opined that perhaps those who sell cocaine should be in prison forever. Perhaps Judge Cueto forgot, or does not know that sale of cocaine is a second degree felony,  the maximum penalty for which is fifteen years in prison. 

The amazing thing about this tape is that through most of the hearing Judge Cueto does an admirable job of dealing with a distraught mother. He reads her portions of the arrest affidavit so as to explain to her the evidence upon which he is basing his decision to set bond at $90,000.00. 

But when the Judge refuses to lower the bond, the family leaves upset and says something that cannot be heard on the tape. Judge Cueto says his line about not taking crap, he calls for a police officer to get the family back inside, and even reaches for the emergency police liaison button. 

When the family is brought back inside the courtroom Judge Cueto erupts in anger,  screaming at them and demanding  that they answer his question "who do you think you are" or he will throw them in jail. 

A young woman tells the Judge she is 15 years old. The Judge sarcastically tells her she has a real bright future based on how she acted, and he again threatens her with jail unless she apologizes.  This is a juvenile he knows he is now dealing with mind you when he makes the threat about jail. 

The video ends with the Judge saying "get her out of here, I need to take a break."  The police escort the woman out and the judge storms off the bench. 

This judge lost his temper for which there is no excuse. 

This video is so shocking in a display of a Judge who cannot keep his temper in the most mild of situations we have seen in the REGJB, they we are at a loss for words such that we can't even turn our attention to Judge Eig, who apparently called someone a "crack whore" in Juvenile Court.  The Herald article is here.   

Here is the point about Judge Cueto: we are supposed to be professionals. We are supposed to be trained in dealing with the emotional situations that arise on a daily if not hourly basis in criminal court. And above all others, the Judge is supposed to radiate impartiality, while controlling the courtroom and giving to all sides an impartial decision based on facts not emotion.  

At this Judge Cueto  failed miserably.  He needs to apologize to the woman and the juvenile. He needs to be removed from criminal court until such time that he shows he is capable of handling a bond hearing without losing his temper. 

Whew. When it rains it pours, even on an otherwise slow Friday afternoon.