I AM WHO I AM!

We received the following: 

Judge Will Thomas made a simple, powerful statement Saturday night at the Hotel Intercontinental. 
Honored by the Miami Chapter of the FACDL with the Justice Kogan award, Thomas stood before a packed and hushed ballroom of lawyers and judges, and without direct reference to his failed nomination to the federal bench, simply, powerfully, and with dignity sated : "I AM WHO I AM."

Judge Kathy Williams, who was Judge Thomas's boss at the Federal Public Defenders Office, gave the introductory speech where she did directly address her disappointment at not being able to speak at his inauguration to the federal bench.  

The evening was a great success. Recognition of the behind the scene work necessary needed to get the FACDL banquet off the ground and a resounding success goes to the incoming president Margot Moss.  But make  no mistake, Will Thomas stole the show. 

Rumpole says: We've had our differences with Judge Thomas. But his life story is remarkable. When you look around and want to really find a "self-made" man, look no further than Will Thomas, who pulled himself up from poverty, a single parent home (his father was killed in an automobile accident when he was a young child), and all of the other obstacles a young man from poverty faces. 

Judge Thomas is sometimes impatient, he sometimes gets frustrated with lawyers, he does not tolerate fools or incompetence lightly. He has shown us, however, that he is a man of conviction. He exemplifies the true definition of a judge: he does what he thinks is right, regardless of the pressures against his decision. He is brave in his convictions, stalwart in the face of criticism and pressure, and handled the political fiasco of his nomination with the dignity befitting the position he was nominated for, and more importantly, the dignity with which he lives his life.  

He is, indeed, who he is. 
And that is a good thing for all of us. 

Have a good week.

See You In Court.  

MARCH

There's a "March" today in support of Judge Will Thomas's nomination to the federal bench. Not really sure where or when, just the why. 

If you think about it, the explosion of the "nuclear option" which did away with senate filibusters  (literally Latin for "blunderbuss nonsense") for judicial nominations (except for the supreme court and Dade Traffic Magistrates) makes the path for Judge Thomas even more difficult. 

When last we checked, Senator Marco Rubio (Consv, Pluto) had not forwarded the blue slip on Thomas's nomination. Rubio can hold on to the blue slip until hell freezes over, or there's no traffic in Hialeah, whichever comes first. With the knowledge that Thomas's nomination cannot be filibustered, which would make his confirmation virtually assured in a democratic controlled senate, the only way Rubio can block Thomas's nomination is to keep that blue slip in his vest pocket.  Absent Seal Team Six confronting Rubio on a secret mission at his compound somewhere in Northern Florida or the mountains of Tora Bora, and liberating the Blue Slip, things look dim for Thomas. 

Unless......







Rumpole's Practice Tip #9: Misdemeanor Speedy Trial:
We're giving you a peak into our playbook and allowing a quick look at our top ten practice tips for 2014. 
When you have an important misdemeanor case, do not send in a NOA. Appear at the arraignment and file the NOA. The reason is that if you mail in the NOA, the clerk cancels the arraignment and immediately sets the case for report, and you lose the time between arrest and arraignment. So don't send in a NOA on misdemeanor cases. (Thanks to the Colonel of County Court for this tip.) 

See You in Court. 

PETITION FOR THOMAS & BENCH AND BAR MIXER TONIGHT

This Judge Thomas contretemps will not fade away. If Judge Thomas makes it on the federal bench we certainly hope that he remembers that his community- the lawyers of Miami Dade, united around his cause. 

Here is a petition you can sign on line asking Senator Rubio to send Judge Thomas to the senate judiciary committee for a hearing. 

The JAA Broward blog reported that longtime Dade ASA Abbe Rifkin has had her name sent to Governor Scott (R-Hates poor, uninsured people)  for a seat on the Broward County Court bench.

BENCH AND BAR MIXER TONIGHT 6PM. 
Tobacco Road- which is an establishment in downtown Miami of which we are informed serves alcoholic beverages of various types and food. Personally, we are of the firm belief that alcohol and judges do not mix, lest we mutter something truthful that will hurt us in our next hearing. But fair minded people of  honest intentions and hearty spirit are hopeful that this soiree will promote good will toward men and those who wear robes, so while we will not be present, you might give it a whirl. 

Don't look now but your Miami Dolphins are 3-0 heading into a Monday night showdown in the Big Easy against the 3-0  Saints.  And undefeated MNF showdown involving the Dolphins- it's been a long time since the Dolphins were in a showcase game like this with a legitimate chance to win. 

See You In Court. 

PROGNOSIS NEGATIVE

Prognosis Negative! That can be the only conclusion when evaluating the chances of REGJB Judge Will Thomas's chances of ever getting a confirmation vote on his nomination as a United States Court District Court Judge after reading the DBR's summary of a statement from Senator Marco Rubio (Pluto-R) on why he has withheld permission from the senate to vote on Thomas's nomination:

"The nomination of Judge Thomas has also been thoroughly reviewed, and Senator Rubio has determined that Thomas's record on the state court raises serious concerns about his fitness for a lifetime federal appointment... Those concerns include questions about his judicial temperament and his willingness to impose appropriate criminal sentences, particularly in the two high-profile cases."

Rubio's office mentioned the case of Michele Traverso, who killed a cyclist in a hit-and-run accident on the Rickenbacker Causeway while driving on a suspended license. Thomas sentenced Traverso in January to less than a year in jail. 

Also noted was the death sentence imposed in January on Joel Lebron for the notorious 2002 gang rape and murder of 18-year-old Ana Maria Angel, who was kidnapped along with her boyfriend while walking on Miami Beach. Thomas wept as he recalled the brutality of the crime before handing down the sentence.

Senator Rubio is upset with a judge who....judges? Who is human and who has feelings and who issues sentences he believes are appropriate where his definition of appropriate is not always the maximum? 
Apparently so. 
H/T to South Florida Lawyers who speculated on Friday whether other, "extraneous" factors might have something to do with the hold on Thomas's nomination. 
This much appears to be certain: unless the White House is willing to go to battle for Thomas and expend political capital and make his nomination a small part of a larger political deal (something that is normally almost unheard of in district court nominations) Thomas's dream nomination appears on life support at best. Prognosis: Negative!

Football picks: If you followed our picks on Sunday, you were able to impress your friends with picking the Cleveland Browns over the Minnesota Vikings- which just might be the upset of the season so far, as well as the JETS over the Bills and the Colts over the 49'ers.