YOUR EMERGENCY IS NOT OUR EMERGENCY

First a final thought about Sally Weintraub, who passed away last week. We profess blindness to the issue of sexism in court and our legal community. Yet sexism exists and existed, as real and pervasive as racism. Perhaps we have failed in not recognizing  and giving credit to those women lawyers who broke glass ceilings and were heroes by doing nothing more than quietly going about their work in a professional manner. If you read the comments in the prior post about Sally Weintraub, what stands out is that she was that hero and role model to many young women entering the legal field. Such recognition is needed and well deserved. Ms. Weintraub served this community for 35 years, speaking up for victims, many of whom could no longer speak for themselves. But in retrospect, there was a different and just as important service Sally Weintraub performed in her career. Breaking a glass ceiling and being a major crimes prosecutor and top litigator in this community as a female lawyer. Whatever small part we have played in giving her that recognition, we are gratified that the community of women lawyers who had their careers shaped by Ms. Weintraub took the time to leave a comment. It makes this endeavor worthwhile.  

NON EMERGENCY PROCEDURES FOR DV MISDEMEANOR COURT

In our world, by definition, a misdemeanor is not an emergency. But then a Domestic Violence set of procedures for NON-EMERGENCY cases crossed our email, and being the devoted non-public servant, we thought perhaps we should post it. 

DV Non-Emergency Misdemeanor Motions Procedures by HR on Scribd

SALLY WEINTRAUB HAS PASSED AWAY

 Sally Weintraub, a fixture in the Miami-Dade State Attorneys Office for over 35 years has passed away. She was known as hardworking, diligent, and as Abe Laeser noted on her remembrance page here, she never sought the fame of being a great lawyer. But a great lawyer she was, as noted by David Ovalle, who covered her retirement in the Miami Herald in 2014 when Ms. Weintraub was 85 years old:

Early in her storied legal career, Sally Weintraub represented three poor black students from Perrine arrested during racial unrest at their high school. The year was 1970.

A judge, then known as a justice of the peace, stood up and angrily ordered her out of his courtroom.

“It hit the national news,” Weintraub said. “I was representing blacks, and he was a good ol’ boy and you just didn’t do that.”

Unless you were Sally Weintraub. She appealed. And prevailed. More than four decades later, Weintraub would again find herself fighting for the voiceless, a murdered foster child named Rilya Wilson. The 4-year-old vanished while under state supervision, and her body has never been found.

After a grueling trial, a Miami-Dade judge last year sentenced Rilya’s Kendall caretaker, Geralyn Graham, to 55 years in prison.

U.S. Rep. Frederica Wilson, a longtime advocate for reforming the state’s child welfare system, credits Weintraub’s tenacity for closing a difficult and emotional case.

“She was determined that she was not going to leave until she found justice for Rilya,” Wilson said. “Rilya had no relatives. She was a little foster child no one cared about. But Sally cared about her.”

Those cases bookend the long and accomplished career of a prosecutor who — at age 85 — has finally decided to retire after more than five decades practicing law in Florida.

Sally Weintraub was tough. She was tenacious. She prepared meticulously and she rarely lost. She mentored generations of young lawyers who passed through the State Attorneys Office. But she was also fair- which is one of the best things we can say about a prosecutor. She cared passionately about the victims whose cases she prosecuted, and she made Miami a better place to live. 

Judge Reemberto Diaz, who tried cases against her when he was a defense attorney called Ms. Weintraub "The Best of the Best" and that was the title for our blog post covering her retirement here. 

A life well lived that touched many others and made the world and our community a better place. May she rest in peace. 

THE BEST OF THE BEST

ASA Sally Weintraub is retiring at the end of this month. She's a spry 85. Judge Reemberto Diaz, who had several memorable battles against her when he was a defense attorney, rightly called her "one of the best of the best." 

The Herald's article, written by David Ovalle is here. 
Having had our share of cases with Ms. Weintraub, we echo Judge Diaz's comment: The best of the best.  

Some of the highlights from Ovalle's article: 
Janet Reno recruited Ms. Weintraub in 1979, when she was in her 50's! Most lawyers have an eye on an early retirement at that age. Sally Weintraub started the career that would define her as a lawyer. 
Ms. Weintraub had many accomplishments in her career, which the Herald article recounts. We confine our remarks to her last case: The prosecution of the murderer of young Rilya Wilson. 
Rilya Wilson was a foster child. Her disappearance wasn't  noticed/was covered up- for an astounding fifteen months! She was unwanted, apparently unloved, and the State sadly failed in it's obligation to this child. But Sally Weintraub spoke for her when no one else could or would. She prosecuted her killer. The convictions for kidnapping and child abuse couldn't bring this poor child back, but it gave her a dignity in death that she was deprived of in life: someone cared. 

Our community has been blessed because of Ms. Weintraub. We need more prosecutors like her. Personally, we didn't always agree with how she saw a case. But we always respected her view and her dedication. We wish her well in her retirement; a retirement she earned decades ago, but forfeited to serve the people of Miami. Godspeed Ms. Weintraub. 

JUDGE GAYLES CONFIRMED. 

Judge Darrin Gayles was confirmed by the United States senate (motto "proudly not agreeing on almost anything since 1789, but even more so recently") 98-0 on Tuesday as a United States District Judge. Judge Gayles joins a distinguished group of District Court Judges who started their judicial career in the REGJB as a County Court Judge. From Misdemeanors in 2004 to a lifetime appointment in 10 years. Not bad. Not bad at all. 
(For you history buffs who take umbrage with the date of 1789, the senate was created in the drafting of the Constitution in 1787, but first convened in 1789.) 

Is the Bloom off the Rose? UPDATE: NO!
Judge Beth Bloom was nominated at the same time as Judge Gayles. She and Judge Gayles were voted favourably out of the Senate Judiciary Committee at the same time. And yet Judge Gayles was confirmed, but a vote was not held on Judge Bloom, who in our humble opinion is as equally deserving as Judge Gayles. We (for once) have no answer as to the delay. Can anyone shed some light on this? 
UPDATE: Several alert readers wrote in to inform us that Judge Gayles was included with other judicial nominees for political purposes that relate to private matters. Judge Bloom's nomination is scheduled for an up/down vote with the next batch of Judges. However, not to jinx anyone, but in this current political climate, if Obama sneezes and uses the wrong handkerchief, the right wing of the senate is likely to respond by freezing all his judicial nominees. We hope Judge Bloom gets a vote before the 2014 political season heats up with the mid-term elections.

See you in court. 

THE LAST CLOSING

The closing arguments in the disappearance over Rilya Wilson concluded on Wednesday. The jury will be charged on Thursday and begin deliberations. 

Long time ASA Sally Weintraub gave the rebuttal argument for the prosecution. As per Herald Ace David Ovalle, this could well be her last closing argument in a long and distinguished career:

David Ovalle ‏@DavidOvalle305

Sally Weintraub up now for rebuttal. Can't help but think this could be her final closings as a prosecutor after long, accomplished career

Justice Thomas mystery solved! 

What did Justice Thomas say in court the other day? After lengthy and hi-tech evaluation of the tape, the experts agree on the following, regarding an issue of competent counsel: 

She was a graduate of Yale Law School?” Scalia asked.

Sigler responded, “She’s a very impressive attorney.”

Then Scalia talked about another lawyer, who was a graduate of Harvard Law School.

“Son of a gun!” joked Scalia, a Harvard Law graduate himself – class of 1960.

To which Thomas, a 1974 Yale law graduate, said into the microphone, “Well, there, see: He did not provide good counsel.”

Harvahard and Yalies populate the court. Time for someone from Suffolk Law to get on the court and shake things up. 

We're traveling, and still need some guest bloggers with boots on the ground in the REGJB. Shoot us an email from your personal or work email address.