A reader has a question:
I have a question, and I will apppreciate an intelligent answer, please. Is it ethical for the newly elected Judge Adrien to want to join the PBA? I sense that there's something wrong there, but maybe I'm just as dense as he is. I mean, officers come to testify before him in motions and trials. it's his job to grant or deny motions, to sustain or overrule objections, and limit how much embellishment some officers do come up with. isn't there a conflict of interest if he joins them, and therefore becomes part of them?
Rumpole replies with a loud and forceful NO.
NO judge should be a member of the PBA, MADD, FACDL, Florida Prosecutors Association, etc., It creates an appearance of impropriety.
These Judges are already members of enough Judicial Conference Nonsense that allows them to take approximately 176 days off a year to work at “conferences” that they have no business, and should not have the time, to join the PBA. If the Judge in question wants to join the PBA so he can send out campaign fliers saying he is a member of the PBA he should go to civil or probate or to the SAO. We don’t like what we are hearing about “Camacho” these days. Verrrry disturbing.
Judges who feel insecure enough to join the PBA should remember this:
You want to be a good Judge who is well respected by everyone?
1)Treat everyone with respect.
2)Listen to both sides of the argument.
3)Give a ruling or give sentence that is just and fair and not tinged with anger, or revenge.
Follow those simple rules, and instead of being mocked for being "Maximum_[insert name here]" when you walk down the halls, attorneys will say: "there goes a great Judge. He ruled against me last week, but he worked hard, listened to what I had to say, and did what he thought was right."
Your Choice- bufoon or respected.
THE CAPTAINS THIRD REVERSAL OF THE WEEK ©
WEEK #3 - REVERSAL OF THE WEEK
It seems that we can't get away from those Contempt cases.
So here we go again.
The case is Cuesta v. State, 31 FLW d1376, a 3rd DCA case decided on May 15, 2006. The trial court Judge was Julio JimenezTo his credit, we are assuming that JJJ (Judge Julio Jimenez) gave the defendant a fair hearing on the contempt charge. The defendant, already serving a life sentence for an attempted first degree murder with a firearm, was called by the State as a witness against the co-defendant. Cuesta refused to testify and was held in contempt. He was found guilty and sentenced to six months in the Dade County Jail; (certainly worse than the life sentence he was already doing with the Florida DOC).JJJ needed to do something more, so he provided added penalties to the sentence: loss of privileges, including no phone, family or contact visits, exercise, television, library or commissary.
The 3rd DCA panel of Cope, Cortinas and Rothenberg, said nooooooooooo to JJJ. While they affirmed the Contempt conviction, they also stated that “we strike the special conditions added to the sentence imposed. We do so "because the trial court is without jurisdiction and lacks the authority to regulate the treatment of prison inmates.”To all who labor in and about the REGJB - have a great week.CAPTAIN OUT ....................
Rumpole notes that these REGJB Judges apparently couldn’t find a cantaloupe in contempt of court. How hard can it be? Just read the rules. (woops…violation of first rule of judicial ethics: “Thou shall not read the rules of criminal procedure.”) OK. Try this….1-800-Call-Stan and speak with Judge Blake and he will guide you step by step how to find a cantaloupe in contempt.
See You In Court, we’re the one defending the cantaloupe.
PS: we've been waiting to say this since the FACDL diner: "Nice try Judge Barzee, but you will have to be smarter than that to get us to reveal our identity."
Monday, May 22, 2006
Friday, May 19, 2006
SOCIAL SCENE
THE CAPTAIN REPORTS ON THE REGJB SOCIAL SCENE:
SOCIAL SCENE:
On Saturday evening, 350 guests gathered at the Biltmore Hotel in Coral Gables for the 30th Annual FACDL-Miami Installation Dinner. Our spies tell us that it was a very well attended event - especially given the fact that half the County Court bench has drawn opposition in the Fall election. Judges and their challengers could be seen on opposite sides of the room, wearing their badges, pressing the flesh and jockeying for support.
Ivan Hernandez was there as was his opponent Robin Faber. Lawrence Schwartz and Gina Mendez too. We understand that Judge Murphy enjoyed the entire evening while opponent Josie Velis made a surprise entrance and an even quicker exit soon after her arrival; (we are trying to find out more on that story).
We understand that Patricia Marino showed and she was followed closely by Judge Shirlyon McWhorter. Both County Admin Judges Leifman and Slom were there too. Judge Pando found her way from Hialeah to Coral Gables, and Judge "Shelly " Schwartz was seen handing out pens - just in case you ordered an absentee ballot for the election and needed something to write with.
During dinner, Judge Stan Blake paid a warm tribute to Judges' Crespo, Leyte-Vidal and Dakis. Fed. Judge Federico Moreno was honored with the Justice Gerald Kogan award and gave a funny acceptance speech.
Sworn in as the new officers were Prez. David Marcus, VP Barry Wax, Treas. Rick Freedman and Sect. Faith Mesnekoff.
TOBACCO ROADThe flesh pressing continued on Thursday night at the DCBA-Crim. Ct. Committee judicial happy hour with some new faces in the crowd. According to our sources, new judges Antonio Arzola and Norma Lindsay - both of County Court fame - came out to meet and greet. The beer was flowing as Slom, McWhorter, Faber, Shelly Schwartz, Pooler, Blake, Echarte, Bob Scola, Murphy, and a host of both ASA's and defense attorneys enjoyed the party.
DAKIS TRIBUTE:For those interested, there is a special tribute honoring Judge Linda Dakis on Friday at 4:00 pm. This "Celebration of Life”ceremony is open to the public and begins at 4 p.m. at the Lowe Art Museum, 1301 Stanford Drive, Coral Gables, on the University of Miami campus.
CAPTAIN OUT ...............
A reader who’s schooling omitted several important documents and events like…the Constitution, the Bill of Rights, the Struggle for Civil Rights in the 1950’s and 1960’s, Nazi Germany, etc., wrote in to say:
I really don't understand how some of you members of the defense bar talk as if you hold the moral high ground.Is putting drunks back on the road God's work? Aren't all those underpaid felony ASAs trying to make it less likely that someone rapes your kid? Carjacks your wife? Breaks into your house? Sells dope in front of your kid's school?It's an epic battle between good and evil, and you, 8:15, represent evil.One last thing-- did you ever wonder why you have it so good in State court but federal judges treat you and your clients like the scum that you are? Yes, it is in part because of the differences in the law. Do you think that it is maybe also because the federal judges don't need your fucking blood money and dope money to keep their jobs?
Rumpole responds: At least one reader tried to answer this poster, but quickly became frustrated and the post denigrated into cursing.
This is a job for a professional, so step aside and read and learn:
Dear Sir/Madam:
Dr. Martin Luther King wrote from his Birmingham Jail cell on April 16, 1963, that
“ Injustice anywhere is a threat to justice everywhere.” Now perhaps your view that when the police arrest someone there must be a good reason, and when a Judge keeps someone in jail there also must be a good reason, prevents you from remembering that Dr. King was merely trying to reverse 175 years of racism and our government’s treatment of people of color as second class citizens. Of course, history has shown that the Judge and the Police were wrong, and Dr. King was correct.
However, maybe Dr. King’s frequent arrests and incarcerations are too remote in time. Perhaps you don’t remember a time in the not to distant past when it was common to see signs on Miami Beach that said “no colored or jews” and that police would arrest and the government of our state would prosecute individuals who violated that law. Surely there are some brain cells left in your addled skull that would recognize the need for good counsel and a vigorous defense against the actions of the police and a government that enforced such laws?
Lets move to more current times. Are you aware of how many INNOCENT people have been exonerated from death row after being arrested, convicted and having their initial appeal denied? As Of May 19, 2006 the innocence project has exonerated 177 people convicted of all sorts of crimes whose initial appeals were denied. In this country 123 people have been exonerated from death row as innocent. Our own fair state Florida leads the way with wrongful convictions of death row inmates at 22.
Lets get more local. Ever hear of the River Cops in Miami? All they were were a bunch of City Of Miami Police Officers, who, when not arresting people they didn't like on trumped up charges, were murdering drug dealers, stealing their money and dope (the same dope you worry about being sold to your kids) and dumping them in the Miami River.
Your post mentioned DUI’s. Have you read on our blog recently that veteran Miami Dade Officer Jerry Davenport was disciplined for punching and beating up a DUI suspect, and then lied about it? How would you feel if DUI Tough Guy Davenport beat up your spouse or teenager and then came into court and lied about it? The sad fact is that you will continue in you dim witted beliefs until the police come for you. And by then, when you need us most, it may well be too late.
Finally, you mentioned the differences in treatment between state and federal court. It is true that the defense has less rights in federal court. It is also true that the same government that runs the federal courts has been illegally gathering evidence and illegally taping the phone calls of US citizens without warrants. That same government seeks to hold defendants without bond, trial, or even counsel in certain cases. I certainly hope for your sake that you have not been chatting with any friends from the middle east, or you might just get an invitation to go hunting with Dick Cheney in Cuba.
On the other hand, while we abhor the acts of our government and its abuses of the constitution, if there is any type of individual who is so dangerous, and whose thoughts are so anti-american and whose ideas are so insidious to the principles that our country was founded on, that they need to be locked away forever without counsel, bond, or a trial, —IT IS YOU. We sincerely hope that you get all that is coming to you and which you so richly deserve. Let us conclude in the language that you probably understand best: Sieg Heil.
Your humble and faithful servant,
Rumpole.
See You In Court.
SOCIAL SCENE:
On Saturday evening, 350 guests gathered at the Biltmore Hotel in Coral Gables for the 30th Annual FACDL-Miami Installation Dinner. Our spies tell us that it was a very well attended event - especially given the fact that half the County Court bench has drawn opposition in the Fall election. Judges and their challengers could be seen on opposite sides of the room, wearing their badges, pressing the flesh and jockeying for support.
Ivan Hernandez was there as was his opponent Robin Faber. Lawrence Schwartz and Gina Mendez too. We understand that Judge Murphy enjoyed the entire evening while opponent Josie Velis made a surprise entrance and an even quicker exit soon after her arrival; (we are trying to find out more on that story).
We understand that Patricia Marino showed and she was followed closely by Judge Shirlyon McWhorter. Both County Admin Judges Leifman and Slom were there too. Judge Pando found her way from Hialeah to Coral Gables, and Judge "Shelly " Schwartz was seen handing out pens - just in case you ordered an absentee ballot for the election and needed something to write with.
During dinner, Judge Stan Blake paid a warm tribute to Judges' Crespo, Leyte-Vidal and Dakis. Fed. Judge Federico Moreno was honored with the Justice Gerald Kogan award and gave a funny acceptance speech.
Sworn in as the new officers were Prez. David Marcus, VP Barry Wax, Treas. Rick Freedman and Sect. Faith Mesnekoff.
TOBACCO ROADThe flesh pressing continued on Thursday night at the DCBA-Crim. Ct. Committee judicial happy hour with some new faces in the crowd. According to our sources, new judges Antonio Arzola and Norma Lindsay - both of County Court fame - came out to meet and greet. The beer was flowing as Slom, McWhorter, Faber, Shelly Schwartz, Pooler, Blake, Echarte, Bob Scola, Murphy, and a host of both ASA's and defense attorneys enjoyed the party.
DAKIS TRIBUTE:For those interested, there is a special tribute honoring Judge Linda Dakis on Friday at 4:00 pm. This "Celebration of Life”ceremony is open to the public and begins at 4 p.m. at the Lowe Art Museum, 1301 Stanford Drive, Coral Gables, on the University of Miami campus.
CAPTAIN OUT ...............
A reader who’s schooling omitted several important documents and events like…the Constitution, the Bill of Rights, the Struggle for Civil Rights in the 1950’s and 1960’s, Nazi Germany, etc., wrote in to say:
I really don't understand how some of you members of the defense bar talk as if you hold the moral high ground.Is putting drunks back on the road God's work? Aren't all those underpaid felony ASAs trying to make it less likely that someone rapes your kid? Carjacks your wife? Breaks into your house? Sells dope in front of your kid's school?It's an epic battle between good and evil, and you, 8:15, represent evil.One last thing-- did you ever wonder why you have it so good in State court but federal judges treat you and your clients like the scum that you are? Yes, it is in part because of the differences in the law. Do you think that it is maybe also because the federal judges don't need your fucking blood money and dope money to keep their jobs?
Rumpole responds: At least one reader tried to answer this poster, but quickly became frustrated and the post denigrated into cursing.
This is a job for a professional, so step aside and read and learn:
Dear Sir/Madam:
Dr. Martin Luther King wrote from his Birmingham Jail cell on April 16, 1963, that
“ Injustice anywhere is a threat to justice everywhere.” Now perhaps your view that when the police arrest someone there must be a good reason, and when a Judge keeps someone in jail there also must be a good reason, prevents you from remembering that Dr. King was merely trying to reverse 175 years of racism and our government’s treatment of people of color as second class citizens. Of course, history has shown that the Judge and the Police were wrong, and Dr. King was correct.
However, maybe Dr. King’s frequent arrests and incarcerations are too remote in time. Perhaps you don’t remember a time in the not to distant past when it was common to see signs on Miami Beach that said “no colored or jews” and that police would arrest and the government of our state would prosecute individuals who violated that law. Surely there are some brain cells left in your addled skull that would recognize the need for good counsel and a vigorous defense against the actions of the police and a government that enforced such laws?
Lets move to more current times. Are you aware of how many INNOCENT people have been exonerated from death row after being arrested, convicted and having their initial appeal denied? As Of May 19, 2006 the innocence project has exonerated 177 people convicted of all sorts of crimes whose initial appeals were denied. In this country 123 people have been exonerated from death row as innocent. Our own fair state Florida leads the way with wrongful convictions of death row inmates at 22.
Lets get more local. Ever hear of the River Cops in Miami? All they were were a bunch of City Of Miami Police Officers, who, when not arresting people they didn't like on trumped up charges, were murdering drug dealers, stealing their money and dope (the same dope you worry about being sold to your kids) and dumping them in the Miami River.
Your post mentioned DUI’s. Have you read on our blog recently that veteran Miami Dade Officer Jerry Davenport was disciplined for punching and beating up a DUI suspect, and then lied about it? How would you feel if DUI Tough Guy Davenport beat up your spouse or teenager and then came into court and lied about it? The sad fact is that you will continue in you dim witted beliefs until the police come for you. And by then, when you need us most, it may well be too late.
Finally, you mentioned the differences in treatment between state and federal court. It is true that the defense has less rights in federal court. It is also true that the same government that runs the federal courts has been illegally gathering evidence and illegally taping the phone calls of US citizens without warrants. That same government seeks to hold defendants without bond, trial, or even counsel in certain cases. I certainly hope for your sake that you have not been chatting with any friends from the middle east, or you might just get an invitation to go hunting with Dick Cheney in Cuba.
On the other hand, while we abhor the acts of our government and its abuses of the constitution, if there is any type of individual who is so dangerous, and whose thoughts are so anti-american and whose ideas are so insidious to the principles that our country was founded on, that they need to be locked away forever without counsel, bond, or a trial, —IT IS YOU. We sincerely hope that you get all that is coming to you and which you so richly deserve. Let us conclude in the language that you probably understand best: Sieg Heil.
Your humble and faithful servant,
Rumpole.
See You In Court.
Wednesday, May 17, 2006
CANDIDATE TRAINING SESSION
AN ALERT READER SENT THIS:
CANDIDATE WATCH:On Thursday, May 18, 2006 at 1:00 PM, at the Dade County Courthouse, The Florida Bar will be conducting a training session for people seeking election to become a judge in 2006.According to The Florida Bar, this training should be attended by anyone who has filed to run already OR ANYONE SEEKING OFFICE WHO WILL BE FILING BETWEEN JULY 17-21, 2006.According to the Bar, the following issues will be addressed:
1) Hispanic Heritage for Everyone!!!!- OYE- adding a “Hernandez” or “Pedros” to your last name. Adding a “Camacho” to your middle name, or adding a “Pepe” or “Enrique” to your first name. Do's and don’t will be discussed, and the case studies of Ira “pepe” Goldstein and Miriam Schwartz-Hernandez will be analyzed.
2) Juicy Seats- why running against a black judge just might be the ticket to getting a black robe.
3) The “Swartz Maneuver” what it is and how you can perfect it in your next campaign.
4) Raising money in Dade County-how to look the other why and why the doctrine of "willful blindness" may just get you indicted.
----------------------------------------------------------------------------------------------------------------
On the issue of reversals, an alert reader sent this in on the reversal of Judge Siegler:
Dear blog master;The Third DCA withdrew the opinion in Daniel Martinez, on May 10 2006. The parties were required to file supplemental briefs. Specifically petitioner was required to provide a COMPLETE transcript of the hearing, during which petitioner claimed to have advised the court that there was a waiver in the file.The Third DCA suspects, that the trial judge was never advised of the waiver. Stay tuned.
Rumpole notes that being reversed does not make any of the Judges bad judges. Every lawyer loses a case, every judge blows a ruling now and then. Personally, we’d pick Judge Sigler to be our judge in any and every case we have.
APOLOGY. AND DISMISSAL.
We sort of think that maybe be were too hard on Judge Thomas. The thought of posting an “information” had been percolating in our minds for some time.But in retrospect, this really wasn't the right case for it. And while it is true that many readers were posting complaints, we never saw any of the conduct that they were complaining about. We have been in and out of his courtroom over the last few weeks, and quite frankly, he seems just like any other Judge in the building. He has his good points and bad points. Some of the stuff about denying continuances and berating attorneys doesn’t sit too well. But he seems fair, and has treated most everyone we saw before him- attorneys, defendants, and families of defendants- in a fair manner. In fact, he usually had a sense of humor about most things, which we find, makes the general public feel more at ease when in court.
So, charges DISMISSED. WITH PREJUDICE.
RUMPOLE., HORACE, J.
See You In Court.
CANDIDATE WATCH:On Thursday, May 18, 2006 at 1:00 PM, at the Dade County Courthouse, The Florida Bar will be conducting a training session for people seeking election to become a judge in 2006.According to The Florida Bar, this training should be attended by anyone who has filed to run already OR ANYONE SEEKING OFFICE WHO WILL BE FILING BETWEEN JULY 17-21, 2006.According to the Bar, the following issues will be addressed:
1) Hispanic Heritage for Everyone!!!!- OYE- adding a “Hernandez” or “Pedros” to your last name. Adding a “Camacho” to your middle name, or adding a “Pepe” or “Enrique” to your first name. Do's and don’t will be discussed, and the case studies of Ira “pepe” Goldstein and Miriam Schwartz-Hernandez will be analyzed.
2) Juicy Seats- why running against a black judge just might be the ticket to getting a black robe.
3) The “Swartz Maneuver” what it is and how you can perfect it in your next campaign.
4) Raising money in Dade County-how to look the other why and why the doctrine of "willful blindness" may just get you indicted.
----------------------------------------------------------------------------------------------------------------
On the issue of reversals, an alert reader sent this in on the reversal of Judge Siegler:
Dear blog master;The Third DCA withdrew the opinion in Daniel Martinez, on May 10 2006. The parties were required to file supplemental briefs. Specifically petitioner was required to provide a COMPLETE transcript of the hearing, during which petitioner claimed to have advised the court that there was a waiver in the file.The Third DCA suspects, that the trial judge was never advised of the waiver. Stay tuned.
Rumpole notes that being reversed does not make any of the Judges bad judges. Every lawyer loses a case, every judge blows a ruling now and then. Personally, we’d pick Judge Sigler to be our judge in any and every case we have.
APOLOGY. AND DISMISSAL.
We sort of think that maybe be were too hard on Judge Thomas. The thought of posting an “information” had been percolating in our minds for some time.But in retrospect, this really wasn't the right case for it. And while it is true that many readers were posting complaints, we never saw any of the conduct that they were complaining about. We have been in and out of his courtroom over the last few weeks, and quite frankly, he seems just like any other Judge in the building. He has his good points and bad points. Some of the stuff about denying continuances and berating attorneys doesn’t sit too well. But he seems fair, and has treated most everyone we saw before him- attorneys, defendants, and families of defendants- in a fair manner. In fact, he usually had a sense of humor about most things, which we find, makes the general public feel more at ease when in court.
So, charges DISMISSED. WITH PREJUDICE.
RUMPOLE., HORACE, J.
See You In Court.
Second Reversal...Secret Emails!!!
THE CAPTAIN’S SECOND REVERSAL OF THE WEEK©
AKA "What Circuit Judge got the hook this week?"
Today we highlight the case of Martinez v. State, 31 FLW d1231, decided by the 3rd DCA on May 3, 2006. This was a Writ of Mandamus. The trial court Judge was Victoria Sigler.
Daniel Martinez was charged with possession of cocaine and possession of marijuana. His attorney filed a standard Notice of Appearance and Written Plea of Not Guilty. He also filed, pursuant to FRCrP 3.180(a)(3) and 3.220(p)(1) a Written Waiver of Appearance. At the Arraignment, Judge Sigler ordered counsel and his client to appear at a Report Re Plea hearing. On the Report date, counsel appeared, but his client did not. The attorney advised the judge that he had previously filed a written waiver thereby excusing his client from appearing at pretrial conferences. Judge Sigler refused to honor the written waiver and issued a Capias and Estreated the bond.The panel of Ramirez, Suarez, and Cortinas, reversed Judge Sigler. They found that Judge Sigler's refusal to accept the written waiver contravened the FRCrP cited. "While the trial court can require the defendant's appearance in court, notwithstanding a waiver, if there is good reason to do so, here there was nothing in the record indicating that Judge Sigler had good cause to require defendant's appearance notwithstanding his waiver."
REVERSAL #2:Did Judges' Miller & Adrien attend the same law school:
I couldn't help but also mention the case of Hibbert v. State, 31 FLW d1343, a 3rd DCA case. Apparently Judge Miller isn't the only one who forgot to read the rules on Contempt. Here Judge Peter Adrien held Mr. Hibbert in Direct Criminal Contempt; but, contrary to the requirements of FRCrP 3.830, the Judge forgot to permit the defendant the opportunity to present evidence of mitigating circumstances or to address to the judge why he should not impose a particular sentence.
CAPTAIN OUT ....................
A batch of private emails from a prominent attorney to Governor Bush “fell” into our hands when the attorney left them by mistake in Au Bon Pain.
May 12,2006.
TO: Governor Bush (Jeb.Bush.myflorida.notmybrotherskeeper.com)
From: Gottabeajudge.net
Dear Governor Bush:
Just a quick note to let you know that Judge Israel Reyes (Izzy to his friends) would be a great pick for the 3rd DCA. If you need more information, let me know.
Signed,
Gottabeajudgeagain.
May14,2006.
TO Jeb.Bush.rightwingersrule.com
From: Reallyreallywanttogetarobeagain.net
Dear Jeb:
Haven’t heard from you yet on our man Izzy. Hopefully everything is on track. Just doing my part as a good citizen. Izzy would be great on the 3rd.
Signed,
‘You are my only hope”
May 15, 2006.
To: Jeb.Bush.sevenmonthsandcounting.com
From: Sleepless In Miami
Jeb: I still haven’t heard from you. It’s 2am and I can’t sleep. Let me be honest. While Izzy would be great and all, the real issue is me. If you appoint Izzy to the 3rd, well, lets just say you would make my day, my 2006, 2007, 2008, 2009, 2010, 2010, 2011, and 2012.
Signed,
Sleepless in Miami.
May 16, 2006
To: Governor Bush@whowantstobe presidentin2008?.net
From: Getting angry
Dear Mr. Bush: perhaps I was a bit too forward with the Jeb thing. But this is getting serious. People really are getting angry at me, and if you don’t appoint Izzy to the 3rd and open that circuit seat for me, why…I’ll just hold my breath until you email me back.
Signed,
Turning blue.
May 16, 2006
To: Jeb Bush@governorbisgshot.net
From: Turningblue.com
Hey! Who do I look like, David Blane? Answer the damn emails. Quick!
Signed,
Getting real blue.
May 16, 2006.
To: Jeb Bush@packingthecourtisfun.net
From: I give up.com
Dear Governor Bush: Ok, maybe the holding the breath thing is a bit childish, especially for someone who wants the power to fry those crooks (we still use ol’sparky right?). However, you are really my last hope. I can’t win an election, people are throwing paperclips and staples at me in court, my own dog peed on my leg last night, and if you don’t elevate Izzy to the third and give me that circuit seat, why, I will….ok ok.. Just hold on. I promised no more threats.
Please please please give Izzy that seat on the 3rd DCA.
Is begging OK?
How about a nice shoe shine? Shine em up, right here. Every day I’m on the bench. Whatever you want, I’m game.
I am reduced to a quivering quaking former shell of a judge. Just please give me another chance.
Signed,
Reformed and desperate in Miami.
AKA "What Circuit Judge got the hook this week?"
Today we highlight the case of Martinez v. State, 31 FLW d1231, decided by the 3rd DCA on May 3, 2006. This was a Writ of Mandamus. The trial court Judge was Victoria Sigler.
Daniel Martinez was charged with possession of cocaine and possession of marijuana. His attorney filed a standard Notice of Appearance and Written Plea of Not Guilty. He also filed, pursuant to FRCrP 3.180(a)(3) and 3.220(p)(1) a Written Waiver of Appearance. At the Arraignment, Judge Sigler ordered counsel and his client to appear at a Report Re Plea hearing. On the Report date, counsel appeared, but his client did not. The attorney advised the judge that he had previously filed a written waiver thereby excusing his client from appearing at pretrial conferences. Judge Sigler refused to honor the written waiver and issued a Capias and Estreated the bond.The panel of Ramirez, Suarez, and Cortinas, reversed Judge Sigler. They found that Judge Sigler's refusal to accept the written waiver contravened the FRCrP cited. "While the trial court can require the defendant's appearance in court, notwithstanding a waiver, if there is good reason to do so, here there was nothing in the record indicating that Judge Sigler had good cause to require defendant's appearance notwithstanding his waiver."
REVERSAL #2:Did Judges' Miller & Adrien attend the same law school:
I couldn't help but also mention the case of Hibbert v. State, 31 FLW d1343, a 3rd DCA case. Apparently Judge Miller isn't the only one who forgot to read the rules on Contempt. Here Judge Peter Adrien held Mr. Hibbert in Direct Criminal Contempt; but, contrary to the requirements of FRCrP 3.830, the Judge forgot to permit the defendant the opportunity to present evidence of mitigating circumstances or to address to the judge why he should not impose a particular sentence.
CAPTAIN OUT ....................
A batch of private emails from a prominent attorney to Governor Bush “fell” into our hands when the attorney left them by mistake in Au Bon Pain.
May 12,2006.
TO: Governor Bush (Jeb.Bush.myflorida.notmybrotherskeeper.com)
From: Gottabeajudge.net
Dear Governor Bush:
Just a quick note to let you know that Judge Israel Reyes (Izzy to his friends) would be a great pick for the 3rd DCA. If you need more information, let me know.
Signed,
Gottabeajudgeagain.
May14,2006.
TO Jeb.Bush.rightwingersrule.com
From: Reallyreallywanttogetarobeagain.net
Dear Jeb:
Haven’t heard from you yet on our man Izzy. Hopefully everything is on track. Just doing my part as a good citizen. Izzy would be great on the 3rd.
Signed,
‘You are my only hope”
May 15, 2006.
To: Jeb.Bush.sevenmonthsandcounting.com
From: Sleepless In Miami
Jeb: I still haven’t heard from you. It’s 2am and I can’t sleep. Let me be honest. While Izzy would be great and all, the real issue is me. If you appoint Izzy to the 3rd, well, lets just say you would make my day, my 2006, 2007, 2008, 2009, 2010, 2010, 2011, and 2012.
Signed,
Sleepless in Miami.
May 16, 2006
To: Governor Bush@whowantstobe presidentin2008?.net
From: Getting angry
Dear Mr. Bush: perhaps I was a bit too forward with the Jeb thing. But this is getting serious. People really are getting angry at me, and if you don’t appoint Izzy to the 3rd and open that circuit seat for me, why…I’ll just hold my breath until you email me back.
Signed,
Turning blue.
May 16, 2006
To: Jeb Bush@governorbisgshot.net
From: Turningblue.com
Hey! Who do I look like, David Blane? Answer the damn emails. Quick!
Signed,
Getting real blue.
May 16, 2006.
To: Jeb Bush@packingthecourtisfun.net
From: I give up.com
Dear Governor Bush: Ok, maybe the holding the breath thing is a bit childish, especially for someone who wants the power to fry those crooks (we still use ol’sparky right?). However, you are really my last hope. I can’t win an election, people are throwing paperclips and staples at me in court, my own dog peed on my leg last night, and if you don’t elevate Izzy to the third and give me that circuit seat, why, I will….ok ok.. Just hold on. I promised no more threats.
Please please please give Izzy that seat on the 3rd DCA.
Is begging OK?
How about a nice shoe shine? Shine em up, right here. Every day I’m on the bench. Whatever you want, I’m game.
I am reduced to a quivering quaking former shell of a judge. Just please give me another chance.
Signed,
Reformed and desperate in Miami.
Tuesday, May 16, 2006
QUERRY?
165 Comments over the weekend, and this reader asked the best question:
CAN ANYONE ANSWER THE QUESTION WHY ALVAREZ IS RUNNING AGAINST BRONWYN MILLER? WHAT SAY YOU MR ALVAREZ? WHATS THE REAL REASON??????????
It does deserve an answer.
Here is Rumpole's own question:
QUERRY: What do Judges (former Judge) Mike Chavies, Orlando Prescott, Shyrlon McWhorter (sorry if we botched the first name) and Karen Mills Francis all have in common?
If you answered: "They all got opposition at the end of their first term" you'd be correct.
What did you answer? And why does the more common answer seem so troubling when combined with the first answer we printed?
See You In Court.
CAN ANYONE ANSWER THE QUESTION WHY ALVAREZ IS RUNNING AGAINST BRONWYN MILLER? WHAT SAY YOU MR ALVAREZ? WHATS THE REAL REASON??????????
It does deserve an answer.
Here is Rumpole's own question:
QUERRY: What do Judges (former Judge) Mike Chavies, Orlando Prescott, Shyrlon McWhorter (sorry if we botched the first name) and Karen Mills Francis all have in common?
If you answered: "They all got opposition at the end of their first term" you'd be correct.
What did you answer? And why does the more common answer seem so troubling when combined with the first answer we printed?
See You In Court.
Saturday, May 13, 2006
THE INTERPRETER STRIKE BACK
THE INTERPRETER STRIKES BACK
Call us lots of things, but we like to think we are fair, and give everyone equal time. The following is an email from the interpreter who was before Judge Rosa Rodriguez. Here is her full and unedited response to what occurred.
We also take this time to note that we are very pleased the interpreters read the blog.
Mr. Rumpole:Chief Judge Farina has always been someone who has fought for our department, has lobbied greatly for more funding for more court interpreters to better help serve our diverse community and the Courts, and I am glad that you and your blog have cleared up his name and reputation. Criminal Court Interpreters have always been provided for parents or legal guardians of defendants who are minors or mentally incompetent. However, up to the point of all this ruckus and accusations towards Chief Judge Farina, many of us in the Criminal Court Interpreters Dept., including myself had been told that due to a limitation of resources, that there was an administrative order by the Chief Judge that we could not interpret for family and friends since our first duty was to the defendants, especially those in custody. Despite this many of us try to accomodate or help out whenever possible or when we are not in the middle of one courtroom's plea colluquy and a bailiff signals that we are needed before another Court. When possible we accomodate private attorneys, SAs & PDs in hallway interviews if they are willing to wait until we are done with our respective assigned judges' calendars, since the judges morning calendars and the defendants therein are our first priority.When we have multiple courtrooms to cover, particulary on Sounding days, with either Judges or PDs/Attorneys wanting to convey pleas or do colloquys and a bailiff comes from one courtroom, we do not know for what, we just go. How many times have you or one of your colleagues had to run from courtroom to courtroom or send the bailiff looking for one of us, because the interpreter in your particular courtroom is in the midst of interpreting pleas or other proceedings because defendants, PDs, private attorneys needed to close out cases, but we are too busy at that given moment. When I was called by the bailiff into the courtroom and the lady was pointed out, the proceeding was already in progress and I immediately began interpreting. It was not until the Hispanic private attorney mentioned the name of the male defendant that I inquired who was the defendant, thinking that I may have been interpreting the wrong proceeding to the wrong defendant as sometimes happens when cases are passed until I arrive. When the attorney informed me that the defendant spoke English and that HE wanted me to know if I could interpret the proceeding for the mother so she would be in the know was when I told him that we weren't allowed to interpret for family and friends pursuant to an administrative order by the Chief Judge.It was at this point that the Judge inquired and I repeated what up to that moment I thought was an order, even though I added that we do interpret for family or friends if the Judge is inquiring from them or testimony is being given to the Court. Since the Court neither ordered me nor was speaking with the Defendant's mother directly, I returned to the courtroom across the hall were they were waiting on me to finish conveying a plea in order for the Judge to proceed with the plea colloquy. As an interpreter, I try to help whenever possible while following my department's rules and/or directives, maintaining my professional code of conduct and trying not to run afoul of any of my multiple Judges' wrath. I do not always succeed. However, each of us can only cover so many defendants cases in so many courtrooms at a time without getting someone upset.Glenda Obando
Friday, May 12, 2006
FRIDAY HEADLINES
HERE ARE THE REGJB FRIDAY HEADLINES
SLOM SAD,
MILLS-FRANCIS MAD,
GLAZER POSSIBLE OPPONENTS DIDN’T “FAZE-HER”
AND… POSSIBLY ONE OF THE BEST POLITICAL MOVES YET. GENIUS.
Before we get to the Captain’s noon-time political update, we just can’t let this political move go by without comment.
He’s sneaky. He’s sly. He’s shifty. He’s got political moxie.
The type of lawyer who goes to trial just to win on venue.
The type of Judge who gets on NPR by ordering defendants to listen to opera in his chambers.
Who are we speaking of?
Why none other than Former County Court Judge, and possible Circuit Court Judge JEFFREY SWARTZ.
GIVE THE MAN HIS DUE.
Jeffrey Swartz, formerly of the bench, until pounded by Pozo in the last election, clearly had his nose in the air, his ears open, his finger wet, testing the political winds . Constantly sniffing and searching for any way to claw back in to the warm bosom of his judicial buddies, Jeff Swartz may well have outsmarted them all!
Here’s the play: Current Judge Israel “Izzy” Reyes, clearly a favorite of Jeb and the gang, is currently up for re-election. Judge Reyes also just made it to Jeb’s desk for an appointment to the Third DCA where he can join the Rothenberg Crew’s war on the fourth amendment and the commie pinko liberals who file appeals for criminals.
Anyway, by filing against Judge Reyes, who otherwise was thought to have a secure seat, Jeff Swartz essentially placed a $7,000.00 bet that Judge Reyes would be appointed to the Third DCA. Because if Judge Reyes gets the appointment, JEFF SWARTZ GETS A CIRCUIT JUDGE SLOT WITHOUT HAVING TO CAMPAIGN. IT’S A GUARANTEED WIN!!!
If Reyes doesn’t get the appointment, Swartz can save the hundreds of thousands of dollars and withdraw from the campaign.
In our humble eyes, it was a BRILLIANT MOVE.
NO MATTER WHAT HAPPENS THE WINNER OF THE BEST POLITICAL MOVE IN DADE COUNTY JUDICIAL RACES THIS YEAR, IS SMART AND TRICKY JEFFREY SWARTZ. TAKE A BOW. YOU’VE EARNED IT.
NOW FOR THE CAPTAIN:
TARGET #3:Circuit Court Group 65
Incumbent Judge Israel Reyes has a challenger. He is none other than former County Court Judge Jeffrey Swartz. Reyes has had a quick rise to power. He was a cop for five years before going to law school at Nova. He was an ASA from 1998-2002 when Gov Jeb appointed him to the County Court bench on March 26, 2002. 18 months later, Bush came calling again, this time appointing him to the Circuit Court. Is he soon headed to the 3rd DCA??? Swartz (that is the way he spells it) was a County Court Judge until 2004 when Ada Pozo Revilla convinced the voters of Dade County to vote looks over age by a margin of 121,595 to 110,445.
Many remember Judge Swartz as the one who would offer those charged with a Miami Beach excessive noise violation the choice of a $500 fine or listening to the opera La Traviata for 2 1/2 hours.
TARGET #4:County Court Group 4:
IT'S THE ST. THOMAS LAW SCHOOL MANO Y MANO
Where Administrative Judge Sam Slom drew an opponent in Cecilia Armenteros-Chavez.
Slom, a 1987 graduate of the charter class of St. Thomas Law School, is the Administrative Judge of the Criminal Division in County Court. He has been a Judge since 1996 ans was formerly an ASA.Cecilia Armenteros (as she is listed with The Florida Bar and as she practices in her law firm; we do not know why she added the name Chavez to the end), is a 1993 graduate of St. Thomas Law School. She has been a member of The Florida Bar since 1994 and practices family law as an associate with the law firm of Buckner & Shifrin in Miami.
TARGET #4:County Court Group 11:
As predicted by The Captain, Judge Karen Mills-Francis will be running for Judge this summer against candidate Stephen Millan.Francis, a UF law school grad and former PD has been a County Court Judge since 2001.Millan, was formerly a candidate in Group 30, but when that seat suddenly disappeared with the appointment of Judge Silver to the Circuit Court, Millan made the move to Group 11. The other candidate for the Group 30 seat, Robert Twombley, dropped out completely, just as I predicted. CAPTAIN OUT ............
Rumpole notes that the challenge to Mills Francis is somewhat surprising in that she trounced a well respected male Judge six years, even during some negative publicity by the Herald during the week of the campaign. Having beaten a male incumbent despite the Herald. What makes Milan think he can beat a female incumbent with no negative publicity?
See You In Court.
SLOM SAD,
MILLS-FRANCIS MAD,
GLAZER POSSIBLE OPPONENTS DIDN’T “FAZE-HER”
AND… POSSIBLY ONE OF THE BEST POLITICAL MOVES YET. GENIUS.
Before we get to the Captain’s noon-time political update, we just can’t let this political move go by without comment.
He’s sneaky. He’s sly. He’s shifty. He’s got political moxie.
The type of lawyer who goes to trial just to win on venue.
The type of Judge who gets on NPR by ordering defendants to listen to opera in his chambers.
Who are we speaking of?
Why none other than Former County Court Judge, and possible Circuit Court Judge JEFFREY SWARTZ.
GIVE THE MAN HIS DUE.
Jeffrey Swartz, formerly of the bench, until pounded by Pozo in the last election, clearly had his nose in the air, his ears open, his finger wet, testing the political winds . Constantly sniffing and searching for any way to claw back in to the warm bosom of his judicial buddies, Jeff Swartz may well have outsmarted them all!
Here’s the play: Current Judge Israel “Izzy” Reyes, clearly a favorite of Jeb and the gang, is currently up for re-election. Judge Reyes also just made it to Jeb’s desk for an appointment to the Third DCA where he can join the Rothenberg Crew’s war on the fourth amendment and the commie pinko liberals who file appeals for criminals.
Anyway, by filing against Judge Reyes, who otherwise was thought to have a secure seat, Jeff Swartz essentially placed a $7,000.00 bet that Judge Reyes would be appointed to the Third DCA. Because if Judge Reyes gets the appointment, JEFF SWARTZ GETS A CIRCUIT JUDGE SLOT WITHOUT HAVING TO CAMPAIGN. IT’S A GUARANTEED WIN!!!
If Reyes doesn’t get the appointment, Swartz can save the hundreds of thousands of dollars and withdraw from the campaign.
In our humble eyes, it was a BRILLIANT MOVE.
NO MATTER WHAT HAPPENS THE WINNER OF THE BEST POLITICAL MOVE IN DADE COUNTY JUDICIAL RACES THIS YEAR, IS SMART AND TRICKY JEFFREY SWARTZ. TAKE A BOW. YOU’VE EARNED IT.
NOW FOR THE CAPTAIN:
TARGET #3:Circuit Court Group 65
Incumbent Judge Israel Reyes has a challenger. He is none other than former County Court Judge Jeffrey Swartz. Reyes has had a quick rise to power. He was a cop for five years before going to law school at Nova. He was an ASA from 1998-2002 when Gov Jeb appointed him to the County Court bench on March 26, 2002. 18 months later, Bush came calling again, this time appointing him to the Circuit Court. Is he soon headed to the 3rd DCA??? Swartz (that is the way he spells it) was a County Court Judge until 2004 when Ada Pozo Revilla convinced the voters of Dade County to vote looks over age by a margin of 121,595 to 110,445.
Many remember Judge Swartz as the one who would offer those charged with a Miami Beach excessive noise violation the choice of a $500 fine or listening to the opera La Traviata for 2 1/2 hours.
TARGET #4:County Court Group 4:
IT'S THE ST. THOMAS LAW SCHOOL MANO Y MANO
Where Administrative Judge Sam Slom drew an opponent in Cecilia Armenteros-Chavez.
Slom, a 1987 graduate of the charter class of St. Thomas Law School, is the Administrative Judge of the Criminal Division in County Court. He has been a Judge since 1996 ans was formerly an ASA.Cecilia Armenteros (as she is listed with The Florida Bar and as she practices in her law firm; we do not know why she added the name Chavez to the end), is a 1993 graduate of St. Thomas Law School. She has been a member of The Florida Bar since 1994 and practices family law as an associate with the law firm of Buckner & Shifrin in Miami.
TARGET #4:County Court Group 11:
As predicted by The Captain, Judge Karen Mills-Francis will be running for Judge this summer against candidate Stephen Millan.Francis, a UF law school grad and former PD has been a County Court Judge since 2001.Millan, was formerly a candidate in Group 30, but when that seat suddenly disappeared with the appointment of Judge Silver to the Circuit Court, Millan made the move to Group 11. The other candidate for the Group 30 seat, Robert Twombley, dropped out completely, just as I predicted. CAPTAIN OUT ............
Rumpole notes that the challenge to Mills Francis is somewhat surprising in that she trounced a well respected male Judge six years, even during some negative publicity by the Herald during the week of the campaign. Having beaten a male incumbent despite the Herald. What makes Milan think he can beat a female incumbent with no negative publicity?
HEY JUDICIAL CANDIDATES. WANT A COVETED RUMPOLE ENDORSEMENT?
SEND US YOUR PRIVATE EMAIL AND ANSWER OUR LITTLE QUESTIONAIRE, AND YOU MIGHT JUST GET A RUMPOLE ENDORSEMENT FOR JUDGE.
WHAT CAN IT HURT? HAVE A LITTLE FUN. SHOW THE ELECTORATE YOU HAVE A SENSE OF HUMOR. EVEN CLINTON ANSWERED ABOUT BOXERS vs. BRIEFS.
See You In Court.
Thursday, May 11, 2006
SOMETIMES WRONG NEVER IN DOUBT
KIMBERLEY MILLER WROTE:
Have heard and confirmed that Judge Bronwyn Miller's photo is the blog – would you mind using her current campaign photo?
Rumpole replies: Who do we look like, the Committee to Re-elect Miller? The photo we used was good enough for the eleventh judicial circuit web site, and that’s good enough for us. Give us credit for giving your candidate a little breathing room away from Maximum Moron, who people are confusing with your Judge Miller. Give some people an inch, and they take a mile.
EDITED UPDATE: MS MILLER WROTE US BACK:
please spell my name properly next time - thank you! Inbox
Kimberly Miller
to me
More options
4:48 pm(0 minutes ago)
Kimberly Miller
Rumpole responds: typical fancy pants high faluttin civil lawyer without the common sense of a gnat. Can you read? (true, we can't spell) But... Can you see we're in a bad mood? You are representing a candidate and you want to pick a fight with us? Keep it up smarty pants and you will really regret it. This is a blog for Criminal Lawyers. Go back to your Coral Gables cocktail parties where partners discuss the weekend polo matches and their yachts. This is for real lawyers who know how to try cases and make a difference in peoples lives. This is not for paper pushers who bill by the tenth of a minute. Go sue someone.
(Should have known it was a civil lawyer by their pushy attitude. Who are you billing this little contretemps to? [go look it up] )
Have heard and confirmed that Judge Bronwyn Miller's photo is the blog – would you mind using her current campaign photo?
Rumpole replies: Who do we look like, the Committee to Re-elect Miller? The photo we used was good enough for the eleventh judicial circuit web site, and that’s good enough for us. Give us credit for giving your candidate a little breathing room away from Maximum Moron, who people are confusing with your Judge Miller. Give some people an inch, and they take a mile.
EDITED UPDATE: MS MILLER WROTE US BACK:
please spell my name properly next time - thank you! Inbox
Kimberly Miller
More options
4:48 pm(0 minutes ago)
Kimberly Miller
Rumpole responds: typical fancy pants high faluttin civil lawyer without the common sense of a gnat. Can you read? (true, we can't spell) But... Can you see we're in a bad mood? You are representing a candidate and you want to pick a fight with us? Keep it up smarty pants and you will really regret it. This is a blog for Criminal Lawyers. Go back to your Coral Gables cocktail parties where partners discuss the weekend polo matches and their yachts. This is for real lawyers who know how to try cases and make a difference in peoples lives. This is not for paper pushers who bill by the tenth of a minute. Go sue someone.
(Should have known it was a civil lawyer by their pushy attitude. Who are you billing this little contretemps to? [go look it up] )
SECOND EDITED UPDATE: Boy are we blowing it. First we accuse Judge Farina of something he didn't do, then we eviserate Judge Bronwyn Miller's sister when she is not even an attorney and is a fan of our blog. Some days...nothing goes right.
Here is the last email from Sister Miller:
I am Bronwyn's older sister and not an attorney and I think your blog is the best. I send excerpts to all defense attorney friends day and night – cut and pasting like a maniac. I think it's the best. I heard that her photo was posted (from the friends to whom I normally send excerpts from your blog) and saw that it was older and first, did not realize that you are Rumpole, the Rumpole, as in ohmigosh I am emailing Rumpole – can you believe??? And, second did not pay enough attention to today's blogging to realize that I would be cut to shreds with my firm's name on the blog. So sorry. Thank you.
Rumpole says: Sorry to be so mean. Of course you are just trying to help your sister, who as we said in an email to you, was a wonderful and well respected prosecutor, and who we think will be a great judge. All is forgiven, and for the second time in two days, we look like a real horses-ass. Well, we've looked like worse in front of juries, so at least this is anonymous. Good luck with the campaign.
Here’s why we’re really in a bad mood. Turns out our plans for a grand sit in in Judge Farina’s office have to be abandoned. Mr. Rick Freedman, always on top of things, wrote in to say this:
Let's clear this matter up. I spoke today with one of the Directors of the Court Interpreter Office at the REGJB, and he informs me that there is NO Administrative Order in this County, signed by Judge Farina, or anyone else that prohibits what happened in Judge Rosa Rodriquez' court. The interpreter mistated and misunderstood what is a directive from Court Adminsitrator Ruben Carrerou. That directive was written and is intended to make every reasonable attempt to use the resources the interpreter's office has been provided and keep members of the public informed as to what is going on in court to the best of their ability.What the directive does say is that if a person who does not understand english is involved in a legal proceeding at the REGJB, a defendant, a witness, someone that the judge is addressing, then the interpreter must interpret. They are not there for the general public; meaning that when the spanish speaking grandmother wants an entire hearing interpreted for her, that will not be done. However, when the english speaking attorney asks the interpreter to simply explain to grandma what happened and when the next court date will be, the interpreter has always in the past and will continue in the future to make every reasonable effort to help the attorney out.I hope this clears the matter up. Personally, I think the interpreters do an amazing job given the limited resources they have. They are constantly being pulled from one hearing to another, from one attorney to another, from one location to another, and they always seem to do it professionally and with a smile on their face. This despite the fact that we rarely thank them for all they do.Keep up the good work
Rump.
Rick Freedman
Just remember Rumpole’s most cherished motto: SOMETIMES WRONG….NEVER IN DOUBT.
NEVER LET IT BE SAID WE ARE TOO PROUD TO ADMIT WE ARE WRONG.
Ahemm… ummm… ‘weresorryjudgefarinaandwewontdoitagain.”
There. We said it. Sorry Judge Farina. You didn’t sign the order. As we have said before, gee it must really stink to be accused of something you didn’t do. You can thank defense attorney Rick Freedman for your successful defense.
See You In Court feeling a bit stupid. See, there are hundreds of perfectly valid reasons for remaining anonymous. And this is one of them. That’s the last time we rely on anonymous source “worlds meanest defense attorney” who we think is Front Porch Phil R.
FRIDAY IS FUN DAY
FRIDAY IS FUN DAY
JUDGE LARRY SCHWARTZ WEIGHS IN ON INTERPRETERS:
I'm unaware of what you are calling the "Farina Rule". Anyone who has been in my courtroom knows that if a defendant speaks English and a parent doesn't AND the interpreter is present, I ask the interrupter to translate for the parent. A noncustodial defendant who is non-English speaking can have a non English speaking family member with them while the interpreter does their job for the defendant. And last, a custodial non-English speaking defendant with a non-English speaking parent present, I've asked the interpreters to speak loud enough so that the family member can hear the translation. No interpreter has ever complained nor have I ever been told that there is an administrative order prohibiting the use of interpreters in this manner.Feel free to come to Courtroom 2-5 to watch the procedure.
Judge Larry Schwartz
Rumpole replies: we have a source on this. As per our source, “on Wednesday May 10, 2006, before Judge Rosa Rodriguez, an interpreter who was asked in open court to explain to a Defendant’s mother what had occurred said
“Judge Farina has an administrative order that prohibits us from interpreting for anyone other than a defendant.” The Interpreter then turned on her heel and stormed out.
Ask Judge Rosa Rodriguez, she seemed as shocked as the rest of us.”
IM GONNA MAKE EM AN OFFER HE CAN’T REFUSE:
One reader claims the Farina rule is about business:
This rule is promted as a business move by the Hispanic Lawyers Association (HLA). Read about it in today's Herald. Either english-only attorneys will need to tag along privately paid interpreters, and thereby have to charge their clients more, and eventually lose clients because of this, or they will not be able to completely communicate with their clients, and thereby provide less quality representation, and in time lose them as clients. In both ways the HLA members will make out. The market will not change and move toward the non-HLA attorneys. Non-HLA attorneys need to learn spanish or they will lose out to the HLA over time.
GOT IT? GOT IT!
Let's clear this up, once and for all:Alberto "Left Hook" Milian (M-I-L-I-A-N), former ASA in Broward County, former boxer who punched a defense attorney in an elevator in the Broward County Courthouse - during the trial - former candidate for Dade State Attorney -has not filed to run for anything as of 10:35 today.Stephen Millan (M-I-L-L-A-N), has filed to run for County Court Judge in Group 30. I mentioned earlier this week, that I predict he will move to another race before Noon on Friday - possibly filing against Karen Mills Francis or Deborah White Labora. If he does change Groups, he will only have to drive to downtown Miami to do so, not Tallahassee.Now, does that clear it up ....Captain out ..................
Rumpole says, no, because you didn’t clear up the Judge Miller/ Judge Miller confusion.
This is the one voted best prosecutor:
This is the former prosecutor who currently has opposition from Jorge Alvarez.
rumpole, can you confirm the rumor floating out there that jeb is coming to mia to personally campaign for judge b miller?
No, but we love the rumor.
Talk about inviting trouble:
Captain reports:
According to my good sources, I wish to report that, a Judge, who shall remain nameless, has sent out invitations to his victory party in anticipation of not receiving any opposition. (I was not invited). But, knowing who this judge is, I certainly hope and expect that he will receive no opposition in the next 22 hours and 18 minutes.Captain out ..........
Rumpole says if Farina didn’t sign the Farina rule, then he ought to come out and say it. Otherwise, ITS DAY THREE OF THE FARINA WATCH.
See You In Court.
JUDGE LARRY SCHWARTZ WEIGHS IN ON INTERPRETERS:
I'm unaware of what you are calling the "Farina Rule". Anyone who has been in my courtroom knows that if a defendant speaks English and a parent doesn't AND the interpreter is present, I ask the interrupter to translate for the parent. A noncustodial defendant who is non-English speaking can have a non English speaking family member with them while the interpreter does their job for the defendant. And last, a custodial non-English speaking defendant with a non-English speaking parent present, I've asked the interpreters to speak loud enough so that the family member can hear the translation. No interpreter has ever complained nor have I ever been told that there is an administrative order prohibiting the use of interpreters in this manner.Feel free to come to Courtroom 2-5 to watch the procedure.
Judge Larry Schwartz
Rumpole replies: we have a source on this. As per our source, “on Wednesday May 10, 2006, before Judge Rosa Rodriguez, an interpreter who was asked in open court to explain to a Defendant’s mother what had occurred said
“Judge Farina has an administrative order that prohibits us from interpreting for anyone other than a defendant.” The Interpreter then turned on her heel and stormed out.
Ask Judge Rosa Rodriguez, she seemed as shocked as the rest of us.”
IM GONNA MAKE EM AN OFFER HE CAN’T REFUSE:
One reader claims the Farina rule is about business:
This rule is promted as a business move by the Hispanic Lawyers Association (HLA). Read about it in today's Herald. Either english-only attorneys will need to tag along privately paid interpreters, and thereby have to charge their clients more, and eventually lose clients because of this, or they will not be able to completely communicate with their clients, and thereby provide less quality representation, and in time lose them as clients. In both ways the HLA members will make out. The market will not change and move toward the non-HLA attorneys. Non-HLA attorneys need to learn spanish or they will lose out to the HLA over time.
GOT IT? GOT IT!
Let's clear this up, once and for all:Alberto "Left Hook" Milian (M-I-L-I-A-N), former ASA in Broward County, former boxer who punched a defense attorney in an elevator in the Broward County Courthouse - during the trial - former candidate for Dade State Attorney -has not filed to run for anything as of 10:35 today.Stephen Millan (M-I-L-L-A-N), has filed to run for County Court Judge in Group 30. I mentioned earlier this week, that I predict he will move to another race before Noon on Friday - possibly filing against Karen Mills Francis or Deborah White Labora. If he does change Groups, he will only have to drive to downtown Miami to do so, not Tallahassee.Now, does that clear it up ....Captain out ..................
Rumpole says, no, because you didn’t clear up the Judge Miller/ Judge Miller confusion.
This is the one voted best prosecutor:
This is the former prosecutor who currently has opposition from Jorge Alvarez.
rumpole, can you confirm the rumor floating out there that jeb is coming to mia to personally campaign for judge b miller?
No, but we love the rumor.
Talk about inviting trouble:
Captain reports:
According to my good sources, I wish to report that, a Judge, who shall remain nameless, has sent out invitations to his victory party in anticipation of not receiving any opposition. (I was not invited). But, knowing who this judge is, I certainly hope and expect that he will receive no opposition in the next 22 hours and 18 minutes.Captain out ..........
Rumpole says if Farina didn’t sign the Farina rule, then he ought to come out and say it. Otherwise, ITS DAY THREE OF THE FARINA WATCH.
See You In Court.
TICK TOCK...ELECTION CLOCK
Candidate Enriquez wrote in to clear the record:
Captain,
In response to your query whether I am the same Carlos Alberto Enriquez that was issued a final order in 1994 denying an Ohio Securities Salesman License, let me assure you that I am not. The Carlos Alberto Enriquez you mention to the best of my knowledge and belief was an “accountant” who lived in Coral Gables, Florida. I remember being called by several reporters back then to verify if I was that Carlos Alberto Enriquez. I am not. Thank you for giving me the opportunity of getting “the record” on the Justice Building Blog straight.
Carlos Enriquez
Candidate Mendez ponied up the dough:
CAMPAIGN UPDATE:MENDEZ IS IN. Gina Mendez paid her qualifying fee today and she is officially a candidate to unseat Circuit Court Judge Lawrence Schwartz.
CAPTAIN OUT .............
Left Hook Al to run again Judge Mills Francis?
This guy Millan is putting in against Mills Francis if he has not already.
Rumpole notes that there is currently no way to confirm the rumor that Left Hook Al will be flying to Tallahassee tomorrow to beat up any candidate who files in the same slot he files.
To those attorneys new (or newer) to our little world, Friday is the deadline for attorneys who want to file to run for Judge. It is sort of a tradition for candidates, political big-wigs, and attorneys who want to be "players" to fly to Tallahassee and hang around the clerk's office where candidates go to register.
It is also a tradition for Judges facing election to fly to Tallahassee armed to the teeth so as to prevent anyone from filing against them. Tales of flying tackles in the hallway outside the clerk’s office, sexy stewardesses plying potential candidates with liquor on the plane, back room deals, oral sexual favors and the like, are part what makes up the proud history of the Judiciary in Dade County. (The Judges of The Eleventh Judicial Circuit- our motto: “Why work for a living when you can do this?”)
This Friday at noon (which is the deadline) , if you walk the usually empty corridors of the REGJB and listen closely, those sounds you hear will either be cries of joy or the agonizing wail of a Judge who faces the distinct possibility of returning to the world where not everyone laughs at your jokes, clients bounce checks on you, and having to deal with one of the good lord’s worst creations: newly elected judges who think they know it all.
To all our robed readers: good luck.
To some of our robed readers: good riddance.
“Ties that bind” brought in this response:
No ties in Court? Maybe we could also allow jeans, and open collar shirts with slip on shoes and no socks. It could be called the "Scott Saul" rule. Or, perhaps, we could show some respect for the courtroom, and dress appropriately.
Rumpole notes that it is important to show respect to the court. However, how many Judges wear jeans and t-shirts below their robes? Ties should be worn in trial. But during summer, we think, as much as it galls us to admit it, North of the Border has the right idea: the 50% of attorneys who have to wear ties (men) should be relieved of this burden during the summer, or at least until the Bush Administration hires scientists who know how to use a thermometer and admit that global warming is a reality.
FARINA IN THE SPOTLIGHT: DAY TWO
Rumpole wonders if any members of the judiciary care to comment on the rule that interpreters may not tell family members of a defendant what just occurred in court? How about those members of the Judiciary that are facing an election? How about those candidates for the Judiciary? This is a valid election issue that should be discussed. All statements for or against the FARINA RULE will be published by this blog.
See You In Court.
No truth to the rumor that the chief judge has ordered all sharp objects removed from all judicial chambers in anticipation of Friday’s noon deadline.
Captain,
In response to your query whether I am the same Carlos Alberto Enriquez that was issued a final order in 1994 denying an Ohio Securities Salesman License, let me assure you that I am not. The Carlos Alberto Enriquez you mention to the best of my knowledge and belief was an “accountant” who lived in Coral Gables, Florida. I remember being called by several reporters back then to verify if I was that Carlos Alberto Enriquez. I am not. Thank you for giving me the opportunity of getting “the record” on the Justice Building Blog straight.
Carlos Enriquez
Candidate Mendez ponied up the dough:
CAMPAIGN UPDATE:MENDEZ IS IN. Gina Mendez paid her qualifying fee today and she is officially a candidate to unseat Circuit Court Judge Lawrence Schwartz.
CAPTAIN OUT .............
Left Hook Al to run again Judge Mills Francis?
This guy Millan is putting in against Mills Francis if he has not already.
Rumpole notes that there is currently no way to confirm the rumor that Left Hook Al will be flying to Tallahassee tomorrow to beat up any candidate who files in the same slot he files.
To those attorneys new (or newer) to our little world, Friday is the deadline for attorneys who want to file to run for Judge. It is sort of a tradition for candidates, political big-wigs, and attorneys who want to be "players" to fly to Tallahassee and hang around the clerk's office where candidates go to register.
It is also a tradition for Judges facing election to fly to Tallahassee armed to the teeth so as to prevent anyone from filing against them. Tales of flying tackles in the hallway outside the clerk’s office, sexy stewardesses plying potential candidates with liquor on the plane, back room deals, oral sexual favors and the like, are part what makes up the proud history of the Judiciary in Dade County. (The Judges of The Eleventh Judicial Circuit- our motto: “Why work for a living when you can do this?”)
This Friday at noon (which is the deadline) , if you walk the usually empty corridors of the REGJB and listen closely, those sounds you hear will either be cries of joy or the agonizing wail of a Judge who faces the distinct possibility of returning to the world where not everyone laughs at your jokes, clients bounce checks on you, and having to deal with one of the good lord’s worst creations: newly elected judges who think they know it all.
To all our robed readers: good luck.
To some of our robed readers: good riddance.
“Ties that bind” brought in this response:
No ties in Court? Maybe we could also allow jeans, and open collar shirts with slip on shoes and no socks. It could be called the "Scott Saul" rule. Or, perhaps, we could show some respect for the courtroom, and dress appropriately.
Rumpole notes that it is important to show respect to the court. However, how many Judges wear jeans and t-shirts below their robes? Ties should be worn in trial. But during summer, we think, as much as it galls us to admit it, North of the Border has the right idea: the 50% of attorneys who have to wear ties (men) should be relieved of this burden during the summer, or at least until the Bush Administration hires scientists who know how to use a thermometer and admit that global warming is a reality.
FARINA IN THE SPOTLIGHT: DAY TWO
Rumpole wonders if any members of the judiciary care to comment on the rule that interpreters may not tell family members of a defendant what just occurred in court? How about those members of the Judiciary that are facing an election? How about those candidates for the Judiciary? This is a valid election issue that should be discussed. All statements for or against the FARINA RULE will be published by this blog.
See You In Court.
No truth to the rumor that the chief judge has ordered all sharp objects removed from all judicial chambers in anticipation of Friday’s noon deadline.
Wednesday, May 10, 2006
NO HABLA INGLES....EVER
THE FOLLOWING POST IS INCORRECT. RUMPOLE BLEW IT. SEE THE POST ON 511/06. JUDGE FARINA HAS NOT ORDERED ANY INTERPRETER NOT TO INTERPRET FOR A DEFENDANT'S FAMILY. SORRY. WE BLEW IT.
THIS MAN HAS ALLEGEDLY SIGNED AN ORDER PROHIBITING...…GET READY FOR THIS...
INTERPRETERS FROM ( WE CAN'T BELIEVE THIS IS CAN BE TRUE IN DADE COUNTY) .....
INTERPRETING!!!!!
We received this email alert today:
Rumpole, I have a mission for you. I was in court this morning and heard an interpreter tell the judge and an attorney that she could not interpret for the Defendant's mother. The interpreter said "As per the administrative order of Judge Farina, we cannot interpret for a Defendant's family." This is mind boggling. Something straight out of Broward.!!
Help!
This calls for a sarcastical, cynical, snide type of individual, so I turned my lonely eyes to you.
The Worlds Meanest Defense Attorney (by popular vote). WMDA
Dear WMDA, you are right. We are just the person for this job.
Rumpole to the rescue!!!
How in the name of Broward County could Judge Farina sign an administrative order prohibiting interpreters from interpreting for a Defendant's family?
Here is the scene:
A lawyer is in court.
The Defendant is in custody.
There are sensitive plea negotiations at sidebar.
The case gets reset.
The defendant has to surrender his passport, pay a large fine and restitution before the case gets settled and he can get out of jail.
The new court date is two weeks away.
The interpreter does her job in court and on the way out the attorney wants to tell his client's family the new court date and what needs to be done.
The attorney signals to the interpreter, who walks over and in Spanish asks the people if they are defendants.
They politely tell the interpreter that no, they are the family of the defendant who was just in court and they ask her what happened and when they have to be back in court.
The Interpreter reaches into her pocket, pulls out her reading glasses, clears her throat (ahhem) and loudly says for all to hear:
HEAR YE HEAR YE, BY ORDER OF THE CHIEF JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, I CANNOT ANSWER ANY OF YOUR QUESTIONS.
FURTHERMORE, BY ORDER OF THE CHIEF JUDGE, I CANNOT TRANSLATE ANY INSTRUCTIONS FROM YOUR ATTORNEY.
YOU MAY NOT BE TOLD THE NEXT COURT DATE.
YOU MAY NOT BE TOLD WHAT JUST HAPPENED.
WELCOME TO THE ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY.
I AM AUTHORIZED TO CONVEY TO YOU THAT THE CHIEF JUDGE, ON BEHALF OF ALL OF THE JUDGES OF THE ELEVENTH JUDICIAL CIRCUIT,
WISHES YOU A VERY NICE DAY.
RUMPOLE IS ON A MISSION TO HAVE THIS ORDER REVERSED. THIS IS SO EMBARRASSING. EVEN NORTH OF THE BORDER ALLOWS THEIR INTERPRETERS TO TELL THE DEFENDANT'S FAMILY WHAT JUST HAPPENED IN COURT. WHEN BROWARD TAKES THE LEAD IN RACIAL OR ETHNIC SENSITIVITY, THEN YOU KNOW SOMETHING IS WRONG.
FARINA ON THE HOT SEAT: DAY ONE.
Judge Dakis remembered:
Frank Abrams, late of Dade County, wrote in:
It is with great sadness that I've learned of the death of Judge Linda Dakis through a friend. What a great person she was. A fine individual with a warm smile whose common touch and sense of justice was second to none. Same with Henry Leyte Vidal. I live and practice law in North Carolina these days, and find it sad whenever someone I admired and respected passes away.
A wonderful person and a fine judge. A credit to the bench. Someone with a great sense of justice. Someone whose candor, honesty and forthright approach was one that many a sitting judge would do well to emulate. She will be missed.
See You In Court speaking broken Spanish to our client's family until you know who sees the light of day.
THIS MAN HAS ALLEGEDLY SIGNED AN ORDER PROHIBITING...…GET READY FOR THIS...
INTERPRETERS FROM ( WE CAN'T BELIEVE THIS IS CAN BE TRUE IN DADE COUNTY) .....
INTERPRETING!!!!!
We received this email alert today:
Rumpole, I have a mission for you. I was in court this morning and heard an interpreter tell the judge and an attorney that she could not interpret for the Defendant's mother. The interpreter said "As per the administrative order of Judge Farina, we cannot interpret for a Defendant's family." This is mind boggling. Something straight out of Broward.!!
Help!
This calls for a sarcastical, cynical, snide type of individual, so I turned my lonely eyes to you.
The Worlds Meanest Defense Attorney (by popular vote). WMDA
Dear WMDA, you are right. We are just the person for this job.
Rumpole to the rescue!!!
How in the name of Broward County could Judge Farina sign an administrative order prohibiting interpreters from interpreting for a Defendant's family?
Here is the scene:
A lawyer is in court.
The Defendant is in custody.
There are sensitive plea negotiations at sidebar.
The case gets reset.
The defendant has to surrender his passport, pay a large fine and restitution before the case gets settled and he can get out of jail.
The new court date is two weeks away.
The interpreter does her job in court and on the way out the attorney wants to tell his client's family the new court date and what needs to be done.
The attorney signals to the interpreter, who walks over and in Spanish asks the people if they are defendants.
They politely tell the interpreter that no, they are the family of the defendant who was just in court and they ask her what happened and when they have to be back in court.
The Interpreter reaches into her pocket, pulls out her reading glasses, clears her throat (ahhem) and loudly says for all to hear:
HEAR YE HEAR YE, BY ORDER OF THE CHIEF JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, I CANNOT ANSWER ANY OF YOUR QUESTIONS.
FURTHERMORE, BY ORDER OF THE CHIEF JUDGE, I CANNOT TRANSLATE ANY INSTRUCTIONS FROM YOUR ATTORNEY.
YOU MAY NOT BE TOLD THE NEXT COURT DATE.
YOU MAY NOT BE TOLD WHAT JUST HAPPENED.
WELCOME TO THE ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY.
I AM AUTHORIZED TO CONVEY TO YOU THAT THE CHIEF JUDGE, ON BEHALF OF ALL OF THE JUDGES OF THE ELEVENTH JUDICIAL CIRCUIT,
WISHES YOU A VERY NICE DAY.
RUMPOLE IS ON A MISSION TO HAVE THIS ORDER REVERSED. THIS IS SO EMBARRASSING. EVEN NORTH OF THE BORDER ALLOWS THEIR INTERPRETERS TO TELL THE DEFENDANT'S FAMILY WHAT JUST HAPPENED IN COURT. WHEN BROWARD TAKES THE LEAD IN RACIAL OR ETHNIC SENSITIVITY, THEN YOU KNOW SOMETHING IS WRONG.
FARINA ON THE HOT SEAT: DAY ONE.
Judge Dakis remembered:
Frank Abrams, late of Dade County, wrote in:
It is with great sadness that I've learned of the death of Judge Linda Dakis through a friend. What a great person she was. A fine individual with a warm smile whose common touch and sense of justice was second to none. Same with Henry Leyte Vidal. I live and practice law in North Carolina these days, and find it sad whenever someone I admired and respected passes away.
A wonderful person and a fine judge. A credit to the bench. Someone with a great sense of justice. Someone whose candor, honesty and forthright approach was one that many a sitting judge would do well to emulate. She will be missed.
See You In Court speaking broken Spanish to our client's family until you know who sees the light of day.
Tuesday, May 09, 2006
MENDEZ MENDACITY???
More Political News from everyone's favorite Captain:
TARGET NUMBER 2:
CIRCUIT JUDGE MARIA KORVICK
Looks like even the veteran judges will be fighting for their jobs. Longtime Circuit Court Judge Maria Korvick, assigned to the Probate Division and the Administrative Judge to that Division, drew opposition today.Carlos Alberto Enriquez filed today in Group 31 against Korvick. Enriquez became a member of The Florida Bar in 1984 and lists his area of expertise as real property, probate and trust. According to a Stetson bio, the 1983 graduate of the law school spends most of his time representing Cuban nationals in US courts on probate matters.
The Captain would like to know whether this Carlos Alberto Enriquez is the same Carlos Alberto Enriquez, or Coral Gables, that was issued a final order in 1994, which denied him an Ohio Securities Salesman License. The Securities Division found that "Enriquez was not of good business repute" as that phrase is defined in the Ohio Securities Act and Rules. Specifically, the Division found that in 1993, the NASD censured and fined Enriquez $14,400 for engaging in "free riding" in connection with an initial public offering in contravention of the NASD Rules. Also, the Division found that in 1982, the Chicago Board Options Exchange censured and suspended Enriquez for effectuating unauthorized transactions in a customer's account.
What say you Mr. Enriquez???
Judge Korvick should be ready for the fight, as she has raised $126,062 from 486 contributors.
OTHER NEWS:The Captain would like to know whether candidate Gina Mendez is having second thoughts about her challenge to incumbent Judge Lawrence Schwartz in Group 42. With the final qualifying date fast approaching, Mendez is the only challenger in Circuit Court (other than Enriquez) who has opened a campaign account, but has not paid the qualifying fee and submitted the final qualifying papers necessary to be formally committed to a run for office. Mendez has raised a total of $15,575 while Schwartz has raised and committed a total of $252,949 to the campaign. What say you Ms. Mendez .... IN or OUT
CAPTAIN OUT ........
TARGET NUMBER 2:
CIRCUIT JUDGE MARIA KORVICK
Looks like even the veteran judges will be fighting for their jobs. Longtime Circuit Court Judge Maria Korvick, assigned to the Probate Division and the Administrative Judge to that Division, drew opposition today.Carlos Alberto Enriquez filed today in Group 31 against Korvick. Enriquez became a member of The Florida Bar in 1984 and lists his area of expertise as real property, probate and trust. According to a Stetson bio, the 1983 graduate of the law school spends most of his time representing Cuban nationals in US courts on probate matters.
The Captain would like to know whether this Carlos Alberto Enriquez is the same Carlos Alberto Enriquez, or Coral Gables, that was issued a final order in 1994, which denied him an Ohio Securities Salesman License. The Securities Division found that "Enriquez was not of good business repute" as that phrase is defined in the Ohio Securities Act and Rules. Specifically, the Division found that in 1993, the NASD censured and fined Enriquez $14,400 for engaging in "free riding" in connection with an initial public offering in contravention of the NASD Rules. Also, the Division found that in 1982, the Chicago Board Options Exchange censured and suspended Enriquez for effectuating unauthorized transactions in a customer's account.
What say you Mr. Enriquez???
Judge Korvick should be ready for the fight, as she has raised $126,062 from 486 contributors.
OTHER NEWS:The Captain would like to know whether candidate Gina Mendez is having second thoughts about her challenge to incumbent Judge Lawrence Schwartz in Group 42. With the final qualifying date fast approaching, Mendez is the only challenger in Circuit Court (other than Enriquez) who has opened a campaign account, but has not paid the qualifying fee and submitted the final qualifying papers necessary to be formally committed to a run for office. Mendez has raised a total of $15,575 while Schwartz has raised and committed a total of $252,949 to the campaign. What say you Ms. Mendez .... IN or OUT
CAPTAIN OUT ........
PANDO PANDEMONIUM
When comes to political breaking news, who else but the Captain has the scoop?
HEY RUMP... IT'S NOT QUIET ANYMORE ...
BREAKING NEWS:CAMPAIGN UPDATE .....
T minus 4 days and all those incumbent judges without opposition, hoping for six more years of doing the same old thing .... well ...
The First Judge up for target practice is .... JUDGE ANA MARIA PANDO.
It appears that her honor was not able to hide in Hialeah as SARI TEICHMAN ADDICOTT has filed in Group 10 to run against Pando.Ms. Teichman Addicott has been a member of the Florida Bar since 1978 and she spends most of her time doing real property, probate and trust law. She has a law office with her husband Michael Addicott in Hallandale Beach. For residency clarification, she does live in ritzy Golden Beach.Pando did do a good job in the last quarterly report raising $69,280 from a total of 233 contributors. It appears that she will be spending many a hot summer day at many breakfasts, lunches and dinners.
IN OTHER NEWS:
Expect some surprise announcements in the next couple of days in Group 30 of the County Court. This was the incumbent seat occupied by Judge Roger Silver. Candidate Steve Millan attempted to force Judge Silver into early retirement when he filed last year. Candidate Robert Twombley followed Millan's lead.Well, Silver, one-upped them both when he managed to weasel into a Circuit Court appointment last month made by Gov. Jeb. That left the seat officially open and gave Gov. Bush an opportunity to appoint a replacement. This all means that the Group 30 seat is suddenly not up for election in 2006.We have good reason to believe that Twombley will be withdrawing his name from the 2006 election all together.
STEVE MILLAN will be firing the second shot at an incumbent judge later this week. We believe that Millan is looking at two possible incumbents, including:Karen Mills Francis and Deborah White Labora.
Of course, all this may change if Millan and/or Twombley decide to run for the new County Court Judge seat that appears to have been created in the most recent legislative session.Finally, we expect ASA Miranda to be in Tallahassee on Friday morning, and she should be filing her paperwork just before the clock strikes noon. We still cannot confirm who her target will be, but most of the money is still on Judge Mindy Glazer.more to come ......CAPTAIN OUT ..................
Rumpole notes that a little bird emailed us that political pressure is being applied to candidate Alvarez to move from the Bronwyn Miller race. No word on what he is going to do.
An even more quiet day at REGJB today as the judges hole up in their protective bunkers awaiting the airstrikes.
See You In Court.
HEY RUMP... IT'S NOT QUIET ANYMORE ...
BREAKING NEWS:CAMPAIGN UPDATE .....
T minus 4 days and all those incumbent judges without opposition, hoping for six more years of doing the same old thing .... well ...
The First Judge up for target practice is .... JUDGE ANA MARIA PANDO.
It appears that her honor was not able to hide in Hialeah as SARI TEICHMAN ADDICOTT has filed in Group 10 to run against Pando.Ms. Teichman Addicott has been a member of the Florida Bar since 1978 and she spends most of her time doing real property, probate and trust law. She has a law office with her husband Michael Addicott in Hallandale Beach. For residency clarification, she does live in ritzy Golden Beach.Pando did do a good job in the last quarterly report raising $69,280 from a total of 233 contributors. It appears that she will be spending many a hot summer day at many breakfasts, lunches and dinners.
IN OTHER NEWS:
Expect some surprise announcements in the next couple of days in Group 30 of the County Court. This was the incumbent seat occupied by Judge Roger Silver. Candidate Steve Millan attempted to force Judge Silver into early retirement when he filed last year. Candidate Robert Twombley followed Millan's lead.Well, Silver, one-upped them both when he managed to weasel into a Circuit Court appointment last month made by Gov. Jeb. That left the seat officially open and gave Gov. Bush an opportunity to appoint a replacement. This all means that the Group 30 seat is suddenly not up for election in 2006.We have good reason to believe that Twombley will be withdrawing his name from the 2006 election all together.
STEVE MILLAN will be firing the second shot at an incumbent judge later this week. We believe that Millan is looking at two possible incumbents, including:Karen Mills Francis and Deborah White Labora.
Of course, all this may change if Millan and/or Twombley decide to run for the new County Court Judge seat that appears to have been created in the most recent legislative session.Finally, we expect ASA Miranda to be in Tallahassee on Friday morning, and she should be filing her paperwork just before the clock strikes noon. We still cannot confirm who her target will be, but most of the money is still on Judge Mindy Glazer.more to come ......CAPTAIN OUT ..................
Rumpole notes that a little bird emailed us that political pressure is being applied to candidate Alvarez to move from the Bronwyn Miller race. No word on what he is going to do.
An even more quiet day at REGJB today as the judges hole up in their protective bunkers awaiting the airstrikes.
See You In Court.
Monday, May 08, 2006
TIES THAT BIND
Hate to admit it, but North of The Border has the right idea with the summer dress code. Even a broken clock gives the correct time twice a day. As summer approaches, couldn’t the Judges agree that from June 1 through September 15 attorneys not in trial do not have to wear ties? First of all, not all attorneys in court are required to wear ties. Just male attorneys. Secondly, with the Bush administration blaming trees for gashouse emissions, its getting hotter every summer. Finally, attorneys don’t have underground parking. So we hike into the courthouse bathed in sweat. Nothing like standing in a long line in a suit and tie in the middle of August.
Of course this idea would sensible, fair, and accommodating to the defense bar. So there goes the chance of that ever being agreed to.
And our robed readers wonder why the rest of Miami treats them so harshly on these pages.
TICK TOCK.
Was it our imagination or was REGJB pretty quiet today.??
Nothing like a looming judicial elections deadline (Friday) to quiet down a raucous judiciary. Like the old joke that the only one who could hold Michael Jordan to under 20 points a game was his old college coach Dean Smith, the only thing that gets a judge quiet, polite and fair is a possible contender for their seat.
Just wishing, and this is purely personal but, if we were king we would:
1) Give David Miller opposition.
2) Take away opposition from Judges Steve Leifman, Larry Schwartz, and Sheldon Schwartz.
3) Allow attorneys not to wear ties during the summer (oops, wrong topic).
DEAR RUMPOLE:
Dear Rumpole,
I hate my new job. All they do is fight about money, and lie about everything.
Can you help?
Rumpole responds:
Dear Judges Barzee and/or Sigler:
Hang in there. Civil is not forever.
Your Pal,
Rumpole.
HARDEST WORKING JUDGE IN THE COURTHOUSE
HARDEST WORKING MAN IN SHOW BUSINESS:
PRETTY GOOD COMPANY FOR JUDGE ROSINEK (AND JAMES BROWN)
SEEN AT THE REGJB
Richard Sharpstein and Mike Grieco in line at Au Bon Pon, purposely not looking at each other.
A Judge leaving the building in a red Volvo with a PBA badge on the license plate.
Querry: Should judges be members of the PBA when they are called upon to judge the credibility of police officers every day? Plus, if you are a Judge and get pulled over for a ticket, should you really be flashing your badge or membership in the PBA?
Rumpole has some sage advice:Take the ticket and call a ticket chick instead of saying something stupid and ending up in the Herald.
See you in court. We'd say "I feel good" but then Judge Rosinek would probably order a drug test.
Of course this idea would sensible, fair, and accommodating to the defense bar. So there goes the chance of that ever being agreed to.
And our robed readers wonder why the rest of Miami treats them so harshly on these pages.
TICK TOCK.
Was it our imagination or was REGJB pretty quiet today.??
Nothing like a looming judicial elections deadline (Friday) to quiet down a raucous judiciary. Like the old joke that the only one who could hold Michael Jordan to under 20 points a game was his old college coach Dean Smith, the only thing that gets a judge quiet, polite and fair is a possible contender for their seat.
Just wishing, and this is purely personal but, if we were king we would:
1) Give David Miller opposition.
2) Take away opposition from Judges Steve Leifman, Larry Schwartz, and Sheldon Schwartz.
3) Allow attorneys not to wear ties during the summer (oops, wrong topic).
DEAR RUMPOLE:
Dear Rumpole,
I hate my new job. All they do is fight about money, and lie about everything.
Can you help?
Rumpole responds:
Dear Judges Barzee and/or Sigler:
Hang in there. Civil is not forever.
Your Pal,
Rumpole.
HARDEST WORKING JUDGE IN THE COURTHOUSE
HARDEST WORKING MAN IN SHOW BUSINESS:
PRETTY GOOD COMPANY FOR JUDGE ROSINEK (AND JAMES BROWN)
SEEN AT THE REGJB
Richard Sharpstein and Mike Grieco in line at Au Bon Pon, purposely not looking at each other.
A Judge leaving the building in a red Volvo with a PBA badge on the license plate.
Querry: Should judges be members of the PBA when they are called upon to judge the credibility of police officers every day? Plus, if you are a Judge and get pulled over for a ticket, should you really be flashing your badge or membership in the PBA?
Rumpole has some sage advice:Take the ticket and call a ticket chick instead of saying something stupid and ending up in the Herald.
See you in court. We'd say "I feel good" but then Judge Rosinek would probably order a drug test.
Sunday, May 07, 2006
REVERSAL OF THE WEEK
THE CAPTAIN PRESENTS: THE REVERSAL OF THE WEEK (c)
Let's start a new feature on the blog: The Reversal of the Week.
Once a week, we will highlight an appellate court case from the 3rd DCA where one of our fine jurists and their decision was sent packing back to the REGJB.
Why not start with the judge that is by far the favorite among those to criticize on this blog, none other than Judge David "Maximum" Miller (also voted the best State Attorney in a Rump poll)?
On March 22, 2006, the 3rd DCA decided Bauder v. State, 31 FLW d858.
The panel included Cope, Ramirez and Rothenberg.
The defendant was instructed by Judge Miller to sit in the box because of a possible outstanding warrant. At some point, it appears that the defendant decided he had better things to do, so he walked out of the courtroom, out of the courthouse and across the street to the parking lot. Judge Miller's bailiff ran after him, detained him and brought him back to the courtroom.
Judge Miller immediately held the defendant in contempt and sentenced him to six months in jail. [Rumpole. notes, bailiffs don't get paid enough to risk their lives, plus, most of them do not have formal law enforcement training.]
Only one problem; Judge Miller forgot to hold a hearing. [Rumpole notes that legally, this is called the WOOPS doctrine]
As the 3rd DCA opinion reads:
"Florida Rule of Criminal Procedure 3.830 allows for a finding of direct criminal contempt when the court sees or hears the conduct constituting the contempt. Pursuant to the rule, however, prior to a finding of contempt or the imposition of a sentence, the accused must be informed of the charges against him, be permitted to provide good cause why he should not be held in contempt of court, and be given an opportunity to offer any mitigation of his conduct. As the trial court summarily found Mr. Bauder in direct criminal contempt and sentenced him without complying with the rule, the judgment and sentence must be reversed."
By the way, you'll love the argument made by the government's attorney to support Judge Miller: The AAG, after filing for several extensions of time to file her answer brief, argued that the appeal was moot because the defendant, (by now), had already done the six months.
The 3rd DCA decided that it was their responsibility to remind Judge Miller, that wearing a robe and holding a gavel, does not mean you get to forget the rules. keep watching this blog for our weekly Gong Show segment called "Hook of the Week".
Captain out .....................
Rumpole loves being able to count on the Captain while suffering from bloggers block. Great post.
Stay tuned, as next week the Captain chooses from the judge who incarcerated the defendant after being found not guilty; the Judge who ruled that Miranda was a jury question; and the Judge who tackled the defense attorney during closing argument.
See You In Court.
Let's start a new feature on the blog: The Reversal of the Week.
Once a week, we will highlight an appellate court case from the 3rd DCA where one of our fine jurists and their decision was sent packing back to the REGJB.
Why not start with the judge that is by far the favorite among those to criticize on this blog, none other than Judge David "Maximum" Miller (also voted the best State Attorney in a Rump poll)?
On March 22, 2006, the 3rd DCA decided Bauder v. State, 31 FLW d858.
The panel included Cope, Ramirez and Rothenberg.
The defendant was instructed by Judge Miller to sit in the box because of a possible outstanding warrant. At some point, it appears that the defendant decided he had better things to do, so he walked out of the courtroom, out of the courthouse and across the street to the parking lot. Judge Miller's bailiff ran after him, detained him and brought him back to the courtroom.
Judge Miller immediately held the defendant in contempt and sentenced him to six months in jail. [Rumpole. notes, bailiffs don't get paid enough to risk their lives, plus, most of them do not have formal law enforcement training.]
Only one problem; Judge Miller forgot to hold a hearing. [Rumpole notes that legally, this is called the WOOPS doctrine]
As the 3rd DCA opinion reads:
"Florida Rule of Criminal Procedure 3.830 allows for a finding of direct criminal contempt when the court sees or hears the conduct constituting the contempt. Pursuant to the rule, however, prior to a finding of contempt or the imposition of a sentence, the accused must be informed of the charges against him, be permitted to provide good cause why he should not be held in contempt of court, and be given an opportunity to offer any mitigation of his conduct. As the trial court summarily found Mr. Bauder in direct criminal contempt and sentenced him without complying with the rule, the judgment and sentence must be reversed."
By the way, you'll love the argument made by the government's attorney to support Judge Miller: The AAG, after filing for several extensions of time to file her answer brief, argued that the appeal was moot because the defendant, (by now), had already done the six months.
The 3rd DCA decided that it was their responsibility to remind Judge Miller, that wearing a robe and holding a gavel, does not mean you get to forget the rules. keep watching this blog for our weekly Gong Show segment called "Hook of the Week".
Captain out .....................
Rumpole loves being able to count on the Captain while suffering from bloggers block. Great post.
Stay tuned, as next week the Captain chooses from the judge who incarcerated the defendant after being found not guilty; the Judge who ruled that Miranda was a jury question; and the Judge who tackled the defense attorney during closing argument.
See You In Court.
Friday, May 05, 2006
CLOSING STATEMENT INTERRUPTUS
The blog is agog with rumors and accusations about trials on the second floor and one Judge who interrupted a closing statement of a defense attorney. We didn’t see it so we don’t exactly know what occurred. Getting interrupted in trial by Judges who have no idea what we’re doing (or their doing for that matter) is part of the business.
As Paul Newman said in The Verdict: “Your honor, if you’re going to try my case for me, I would appreciate it if you didn’t lose it.”
Here’s what the readers are writing:
Judge Thomas interrupted the Defense into her closing statements, but come one , he's not the only that does it. Just this week, Ms. Penny O'Connell had her closing statements interrupted by another Judge who lodged an objection even though the State was represented by two capable attorneys. so Thomas is not the only one. I'm glad to report that even though we had side bars at least eighteen times throughout the closing, Ms. O'Connell together with Ms. Golson from the PD's office won their case.peace and out
The Riddler said:
My sources tell me that Ms. Stefel and her co-counsel Gary "half" Pont won a trafficking case despite Judge Thom-ass doing everything in his robe to interfere with the defense. Next trial may I suggest that the Judge actually get off the bench and tackle Ms. Stefel during her closing. This way the State and Judge Thomas (a.k.a. Shaft) might have a chance at a conviction. Or maybe Judge Thomas should just require Ms. Stefel to try a case blindfolded after picking a random defense from a hat.Maybe the defense should not complain. I hear there have been NG's coming out of there often. And when you lose in there, you have to listen to the Judge tell you what you did wrong while the next panel waits in the hallway at 7:00 p.m. wondering what lottery from hell they won to have to be subjected to what has become the Guantanamo Bay of the REGJB for jurors.
Memo to J. Thomas: Let the lawyers try the case. Do your best to rule on the law.
Why make this so difficult?
For 200 years we have followed this system of law.
No one person has the right to violate the rules we all share.
As to Ms. Stefel, you go girl.
Rumpole notes, for those robed readers unfamilar with the last few lines of the Riddler's post, he/she was quoting from the criminal jury instructions.
As we understand it, the PDs didn't just win a case. They SPANKED a prosecutor who works for the DRUG CZAR - DR. NO and walked a client facing 25 big ones.
A certifiable genius writes:
the new judges have black robe fever.
A reader weighs in:
You should have seen how Judge Emas handled a trial.He was judge, jury and executioner.He would take over and make sure it went only HIS way.I too am tired of activist judges who can not shut up and watch.
THE JAMES BROWN OF JUDGES”
A topic has arisen: The Hardest Working Judge in the Building.
First nominee for the Poll: Jeffrey Rosinek. No question he is dedicated and puts in the hours. He changes peoples lives for the better and is a finalist. Other judges will be considered so write in. We will put up a poll of six or seven and see who wins.
WHITHER RUMPOLE??
Careful readers have noticed a bit of a slow down in our posts. They comment that “the blog is dead”, “give it up”, etc.
Rumpole admits to a bit of bloggers block. In trying to analyze it, we have come to the conclusion that some 20+ years of keeping our opinions to ourselves backed up to the point that it exploded on the early pages of the blog. Thus the previous witty and on topic posts like “trial lawyers bill of rights”.
We have been busy actually making some money for a change these last few weeks, and clients do come first. However, we are not afraid and believe that the creative juices will flow again. Until that time, you can enjoy the Captain, the Riddler, and the comments of Anonymous.
Who among us has not had their otherwise dreary day brightened considerably by logging on and seeing “zzzzzzzzzzzzzzzzzz”???
King of the Bloggers?
As Paul Newman said in The Verdict: “Your honor, if you’re going to try my case for me, I would appreciate it if you didn’t lose it.”
Here’s what the readers are writing:
Judge Thomas interrupted the Defense into her closing statements, but come one , he's not the only that does it. Just this week, Ms. Penny O'Connell had her closing statements interrupted by another Judge who lodged an objection even though the State was represented by two capable attorneys. so Thomas is not the only one. I'm glad to report that even though we had side bars at least eighteen times throughout the closing, Ms. O'Connell together with Ms. Golson from the PD's office won their case.peace and out
The Riddler said:
My sources tell me that Ms. Stefel and her co-counsel Gary "half" Pont won a trafficking case despite Judge Thom-ass doing everything in his robe to interfere with the defense. Next trial may I suggest that the Judge actually get off the bench and tackle Ms. Stefel during her closing. This way the State and Judge Thomas (a.k.a. Shaft) might have a chance at a conviction. Or maybe Judge Thomas should just require Ms. Stefel to try a case blindfolded after picking a random defense from a hat.Maybe the defense should not complain. I hear there have been NG's coming out of there often. And when you lose in there, you have to listen to the Judge tell you what you did wrong while the next panel waits in the hallway at 7:00 p.m. wondering what lottery from hell they won to have to be subjected to what has become the Guantanamo Bay of the REGJB for jurors.
Memo to J. Thomas: Let the lawyers try the case. Do your best to rule on the law.
Why make this so difficult?
For 200 years we have followed this system of law.
No one person has the right to violate the rules we all share.
As to Ms. Stefel, you go girl.
Rumpole notes, for those robed readers unfamilar with the last few lines of the Riddler's post, he/she was quoting from the criminal jury instructions.
As we understand it, the PDs didn't just win a case. They SPANKED a prosecutor who works for the DRUG CZAR - DR. NO and walked a client facing 25 big ones.
A certifiable genius writes:
the new judges have black robe fever.
A reader weighs in:
You should have seen how Judge Emas handled a trial.He was judge, jury and executioner.He would take over and make sure it went only HIS way.I too am tired of activist judges who can not shut up and watch.
THE JAMES BROWN OF JUDGES”
A topic has arisen: The Hardest Working Judge in the Building.
First nominee for the Poll: Jeffrey Rosinek. No question he is dedicated and puts in the hours. He changes peoples lives for the better and is a finalist. Other judges will be considered so write in. We will put up a poll of six or seven and see who wins.
WHITHER RUMPOLE??
Careful readers have noticed a bit of a slow down in our posts. They comment that “the blog is dead”, “give it up”, etc.
Rumpole admits to a bit of bloggers block. In trying to analyze it, we have come to the conclusion that some 20+ years of keeping our opinions to ourselves backed up to the point that it exploded on the early pages of the blog. Thus the previous witty and on topic posts like “trial lawyers bill of rights”.
We have been busy actually making some money for a change these last few weeks, and clients do come first. However, we are not afraid and believe that the creative juices will flow again. Until that time, you can enjoy the Captain, the Riddler, and the comments of Anonymous.
Who among us has not had their otherwise dreary day brightened considerably by logging on and seeing “zzzzzzzzzzzzzzzzzz”???
King of the Bloggers?
We humbly quote the Bard:
My crown I am; but still my griefs are mine: You may my glories and my state depose, But not my griefs; still am I king of those.
King Richard II.
Keep reading.
See You In Court.
PS. Brian T, is that really Abe “The Master of Disaster” Laeser writing on our humble blog?
Thursday, May 04, 2006
TALES FROM THE SECOND FLOOR
TALES FROM THE SECOND FLOOR:
A reader writes in:
Kudos to Shari Stefel for her NG in front of J. Thomas even after he interrupted her closing argument to lodge his own objection (without one being made by the State).
THE CAPTAIN, WHO HAS OF YET NOT ACCEPTED OUR OFFER TO BE A GUEST BLOGGER, LOGS IN WITH A POLITICAL UPDATE:
FLORIDA LEGISLATIVE UPDATE$
Judges to make even more money $
With three days left in the 2006 Legislative session, judges are very happy today. The Appropriations bill appears headed for final passage and the Circuit and County Court Judges both get raises. Each will see about $6,000 more per year:Circuit $139,497County $130,693
[Rumpole notes this pay rate takes into account the standard 9am to 1PM work day for county court judges]
EVEN MORE NEW JUDGES:The Eleventh Circuit will get 2 new judges effective September 1, 2006 and two more new judges effective December 1, 2006. Dade County Court will get one more judge effective December 1, 2006. That means Gov Bush gets to name at least five more new judges before his term runs out in January. Looks like the JNC will remain very busy.
PER DIEM FINALLY INCREASED
For all of you who were ever an ASA or APD, you know that it was $3 for breakfast, $6 for lunch and $12 for dinner ($21 per day) and that amount has been around since the 1960's. The stiff suits up in Tallahassee have finally raised the per diem to $45 per day and mileage went from 29 cents per mile to 44.5 cents per mile.
ETHICS, JUDGE HERNANDEZ & D'ARCE F.S. 104.31, via Senate Bill 2000, has been amended and the new language reads:
"An employee of the State or any political subdivision may not participate in any political campaign for an elective office while on duty".
[Rumpole notes that the motion to name the bill the ‘HEY STUPID, DON’T LET YOUR JA DO THIS” Bill was narrowly defeated in committee.
$$$ TIME FOR DUI ATTORNEYS TO RAISE THEIR RATES $$$
Effective October 1, 2006, a first refusal will now become a misdemeanor punishable by up to six months in jail; a second refusal becomes a first degree misdemeanor.
The law also states that Discovery does not include manuals, schematics, software of instruments, etc.
[Rumpole notes, our prediction about the legislature changing the presumption of innocence on DUI’s is not far off. When the Komissar Of Konty Kort’s Prosecutor’s still lose on a regular basis to Elder Statesman Hersch and his gang of DUI hotshots, then we will see the next step come into being.]
more to come before SINE DIE on Friday............CAPTAIN OUT .......
Rumpole is also out.
Wednesday, May 03, 2006
A FEW QUESTIONS
RUMPOLE REMINISCES AND WONDERS….
WHATEVER HAPPENED TO ……?
1) Judge Farina’s million dollar “PILOT PROJECT” that was going to save us in criminal court so much time and make us so much extra money?
2) Jay Novick?
3) The Fourth Amendment?
4) Civility among the brotherhood and sisterhood of the Shark?
5) Judge Ferrer’s TV Career?
6) The investigation into attorneys who share fees with bondsmen?
7) The prosecution of the Fernandle Brothers?
8) Chris Rundle?
9) Half day back-up trials?
10) The JA Perfume Scandal?
11) The agreement to name the Jury room in honor of Judge Crespo and the placing of a plaque to commemorate his dedication to the REGJB?
12) The Internet bubble?
13) Mini skirts?
14) A bond issue for a new criminal court house?
15) Jason Grey?
16) The Blog?
See you in court. Just wondering.
WHATEVER HAPPENED TO ……?
1) Judge Farina’s million dollar “PILOT PROJECT” that was going to save us in criminal court so much time and make us so much extra money?
2) Jay Novick?
3) The Fourth Amendment?
4) Civility among the brotherhood and sisterhood of the Shark?
5) Judge Ferrer’s TV Career?
6) The investigation into attorneys who share fees with bondsmen?
7) The prosecution of the Fernandle Brothers?
8) Chris Rundle?
9) Half day back-up trials?
10) The JA Perfume Scandal?
11) The agreement to name the Jury room in honor of Judge Crespo and the placing of a plaque to commemorate his dedication to the REGJB?
12) The Internet bubble?
13) Mini skirts?
14) A bond issue for a new criminal court house?
15) Jason Grey?
16) The Blog?
See you in court. Just wondering.
Tuesday, May 02, 2006
JUDGE DAKIS HAS PASSED AWAY
Judge Larry schwartz writes in:
WITH DEEP REGRET, JUDGE FARINA, JUST INFORMED COURT PERSONNEL THAT JUDGE LINDA DAKIS PASSED AWAY THIS MORNING.
Additional information about a service will follow.
Judge Larry Schwartz.
Rumpole notes that this had been a terribly bad year for us in losing wonderful and devoted Judges in our fair town.
WITH DEEP REGRET, JUDGE FARINA, JUST INFORMED COURT PERSONNEL THAT JUDGE LINDA DAKIS PASSED AWAY THIS MORNING.
Additional information about a service will follow.
Judge Larry Schwartz.
Rumpole notes that this had been a terribly bad year for us in losing wonderful and devoted Judges in our fair town.
Monday, May 01, 2006
CLOSE CLOSE BILL DEFEATED
CONGRATS to all who worked hard to beat the closing argument bill that would have given the prosecution " close close" in all criminal cased. However, a word from ol'Rumpole on "close close." It's not as valuable as people think. Give the jury the evidence. That wins cases. Take your ego out of it. A good piece of evidence is worth 10X as much as a brilliant close-close. And lets face it folks, not too many of us give "brilliant" closing arguments every time.
CAPTAIN GIVES HIS MUCH ANTICIPATED FIRST ANNUAL MAY DAY REPORT:
IT'S MAY DAY:
and that means that Mary Barzee is out and "Don" Lenny Glick is in.
Also, Associate Admin. Judge Victoria Sigler is out and Rosa Rodriguez is in.
Judge Ivan Fernandez becomes the new Associate Admin. Judge of the Crim. Division.
Also, several Circuit and County Court Judges were spotted Saturday night at the Kiwanis Club soiree held to honor Richard Baron, one of the founders of the Friends of Miami-Dade Drug Court. Among them were Judge's Murphy, Leifman, McWhorter and Samuels, all incumbents who face opposition this Fall. Also pressing the flesh were candidates Gloria Gonzalez-Meyer, Stephan Millan, and Don Cohn.
Congrats go out to Drug Court Judge Jeffrey Rosinek and Kiwanis Club Prez Rick Freedman who raised a whole lot of bucks for their two organizations. In fact, Freedman announced during the event that "Rush" upped his ante from $40,000 to $100K.
That must have been some golf game, Rick.
Finally, an interesting note from 73 West Flagler, where Judge Kevin Emas, despite being on the Civil bench for only three months, has been offered a backup division in Civil. This position is normally offered by experience/seniority, (as it is in the Criminal Division), where back-up judges only try cases and have no calendars.
Captain ..... out......
Rumpole notes, our own congrats to Judge Ivan Fernandez, long one of our favorite Judges on a well deserved appointment as associate administrative Judge.
As to "porky's" much discussed donation, we are certain that the money was merely his dinner order for the evening.
In any event, with the source of the funds questionable, we are reminded by our dear beloved Bard that "there's small choice in rotten apples." The Taming Of The Shrew.
See You In Court. As always, we're the one quoting the bard.
CAPTAIN GIVES HIS MUCH ANTICIPATED FIRST ANNUAL MAY DAY REPORT:
IT'S MAY DAY:
and that means that Mary Barzee is out and "Don" Lenny Glick is in.
Also, Associate Admin. Judge Victoria Sigler is out and Rosa Rodriguez is in.
Judge Ivan Fernandez becomes the new Associate Admin. Judge of the Crim. Division.
Also, several Circuit and County Court Judges were spotted Saturday night at the Kiwanis Club soiree held to honor Richard Baron, one of the founders of the Friends of Miami-Dade Drug Court. Among them were Judge's Murphy, Leifman, McWhorter and Samuels, all incumbents who face opposition this Fall. Also pressing the flesh were candidates Gloria Gonzalez-Meyer, Stephan Millan, and Don Cohn.
Congrats go out to Drug Court Judge Jeffrey Rosinek and Kiwanis Club Prez Rick Freedman who raised a whole lot of bucks for their two organizations. In fact, Freedman announced during the event that "Rush" upped his ante from $40,000 to $100K.
That must have been some golf game, Rick.
Finally, an interesting note from 73 West Flagler, where Judge Kevin Emas, despite being on the Civil bench for only three months, has been offered a backup division in Civil. This position is normally offered by experience/seniority, (as it is in the Criminal Division), where back-up judges only try cases and have no calendars.
Captain ..... out......
Rumpole notes, our own congrats to Judge Ivan Fernandez, long one of our favorite Judges on a well deserved appointment as associate administrative Judge.
As to "porky's" much discussed donation, we are certain that the money was merely his dinner order for the evening.
In any event, with the source of the funds questionable, we are reminded by our dear beloved Bard that "there's small choice in rotten apples." The Taming Of The Shrew.
See You In Court. As always, we're the one quoting the bard.
THE RIDDLER WRITES
THE MAN WHO ASKS QUESTIONS WITHOUT ANSWERS, ENEMY OF BATMAN, CONTRIBUTOR TO THE BLOG, ASPIRING WRITER OF FICTION, THE RIDDLER, GRACES OUR PAGES WITH THIS GODFATHER RIPOFF:
Rumpole:
I have to beg your indulgence for another round of rumours that have surfaced. My contacts have been text messaging me for the last 24 hours on a series of events that are both stunning and shocking. A source close to the players involved here has agreed to speak on the condition of anonymity. It seems that the Greico resignation was a red herring for the real story. Greico is considering running against county sheriff David Miller. Miller heard about this and requested a "sit down" with Greico and his people at Granny Feelgood's on Thursday late afternoon.
The meeting was sanctioned by Don Lenny Glick, father of the diabolical Glick Crime Syndicate and his son Stacey. Farina also gave his blessing.
What happened next is somewhat unclear but we have pieced the together the following:
Miller arrived at Granny's and flashed his judge badge and his 4 holstered sidearms, 2 granades, a C4 bar and a surface to air missile concealed under his jacket. He was also wearing pancho villa style criss cross leather ammo holsters. Miller arrived with his bailiff and newly hired campaign maven and part time body guard David "no min mans waived" Paulus.
Greico walked in shortly thereafter with his new consultant, Clay Kaiser.
The Kaiser move was designed to show Greico as a compassionate conservative. The waitress did not identify Greico per se, but she described the candidate as flashing 14 little badge pins worn on on an FBI or DEA laniard around his neck. We have to assume this was in fact Greico.
What Miller's camp did not realize was that earlier that afternoon, Kaiser entered the Granny Feelgood's mens room and planted a snub nose .38 behind the toilet disguised as the late great Murray Klein. The sit down started with the discussion surrounding Greico's intent to kick off his campaign with a huge block party at the Mahi Lot. As advertised, Greico is the DJ and women under the age of 22 only will be admitted. Miller and Greico shared a hummus platter appetizer with extra pita and olives as the discussion progressed. Clay Kaiser sat at the table looking confused and indifferent, much the same way he does at morning calender. (image placeholder)
At some point between eating hummus and waiting for a tuna sandwich on 12 grain bread with extra sprouts, Greico asked if he could use the men's room.
Paulus nodded to Miller and Greico was granted permission. Greico found the .38 and confronted Miller. Greico fired twice hitting Miller in the chest. Greico and Kaiser took of in Kaiser's volvo. What they did not know was that Miller was wearing the kevlar vest he obtained during the invasion of Grenada and was not even injured.What has happened since this stunning turn of events is anyone's guess. Greico may be hiding out at Bill Mcghee's auto theft war room in central Dade. A
t least his car will be safe there. I was also told by a good source that he was hiding in the KFR "Justice in Motion" mini van often seen parked in the Graham lot. He may have been having sex in there, but we don't know.Miller has been seen driving around South Miami in his tank in what he has dubbed "Operation MySpace.com."I have heard that Judge Thomas may be tapped to arbitrate this feud picked after denying whites, jews, hispanics, females and bulgarians to make sure this high profile case is handled by a black judge.
Rumpole, please consult with your minions and tell us what is happening here.
Side note: "The Warren Schwartz Story" being produced by the Lifetime channel in conjunction with the Oxygen Network and Oprah, has narrowed the actors being considered for the role of Warren. Sam Slom and Danny DeVito are the finalists. Marlene Schwartz will be played by Eva Longoria. Rory will be played by either John Goodman, Sinbad or Philadelphia Eagles coach Andy Reid. Bennett makes a cameo as well as Raul from the pickle barell and Ronny the supply guy at the PD's office.Critics are already saying that this may be the motion picture event of 2007. I myself can't wait.
Rumpole, again please help separate fact from fiction here. The Dade legal community can only wait in anticipation.
A Godfather fan adds his/her two cents:
There was a man who came to REGJB, and he made this courthouse what it is today. That man was David Miller. And now there is not so much as even a plaque in his name here."Make sure Judge Thomas gets a friggin' plaque.
AND FINALLY, A READER ADDS:
"This is the business we have chosen"
Rumpole concludes with the fact that we like the Moniker “Don” Lenny Glick. We think he’ll like it to. Everything else is fiction. At Granny Feelgoods, try the soy burger. It’s the best in the city.
Rumpole:
I have to beg your indulgence for another round of rumours that have surfaced. My contacts have been text messaging me for the last 24 hours on a series of events that are both stunning and shocking. A source close to the players involved here has agreed to speak on the condition of anonymity. It seems that the Greico resignation was a red herring for the real story. Greico is considering running against county sheriff David Miller. Miller heard about this and requested a "sit down" with Greico and his people at Granny Feelgood's on Thursday late afternoon.
The meeting was sanctioned by Don Lenny Glick, father of the diabolical Glick Crime Syndicate and his son Stacey. Farina also gave his blessing.
What happened next is somewhat unclear but we have pieced the together the following:
Miller arrived at Granny's and flashed his judge badge and his 4 holstered sidearms, 2 granades, a C4 bar and a surface to air missile concealed under his jacket. He was also wearing pancho villa style criss cross leather ammo holsters. Miller arrived with his bailiff and newly hired campaign maven and part time body guard David "no min mans waived" Paulus.
Greico walked in shortly thereafter with his new consultant, Clay Kaiser.
The Kaiser move was designed to show Greico as a compassionate conservative. The waitress did not identify Greico per se, but she described the candidate as flashing 14 little badge pins worn on on an FBI or DEA laniard around his neck. We have to assume this was in fact Greico.
What Miller's camp did not realize was that earlier that afternoon, Kaiser entered the Granny Feelgood's mens room and planted a snub nose .38 behind the toilet disguised as the late great Murray Klein. The sit down started with the discussion surrounding Greico's intent to kick off his campaign with a huge block party at the Mahi Lot. As advertised, Greico is the DJ and women under the age of 22 only will be admitted. Miller and Greico shared a hummus platter appetizer with extra pita and olives as the discussion progressed. Clay Kaiser sat at the table looking confused and indifferent, much the same way he does at morning calender. (image placeholder)
At some point between eating hummus and waiting for a tuna sandwich on 12 grain bread with extra sprouts, Greico asked if he could use the men's room.
Paulus nodded to Miller and Greico was granted permission. Greico found the .38 and confronted Miller. Greico fired twice hitting Miller in the chest. Greico and Kaiser took of in Kaiser's volvo. What they did not know was that Miller was wearing the kevlar vest he obtained during the invasion of Grenada and was not even injured.What has happened since this stunning turn of events is anyone's guess. Greico may be hiding out at Bill Mcghee's auto theft war room in central Dade. A
t least his car will be safe there. I was also told by a good source that he was hiding in the KFR "Justice in Motion" mini van often seen parked in the Graham lot. He may have been having sex in there, but we don't know.Miller has been seen driving around South Miami in his tank in what he has dubbed "Operation MySpace.com."I have heard that Judge Thomas may be tapped to arbitrate this feud picked after denying whites, jews, hispanics, females and bulgarians to make sure this high profile case is handled by a black judge.
Rumpole, please consult with your minions and tell us what is happening here.
Side note: "The Warren Schwartz Story" being produced by the Lifetime channel in conjunction with the Oxygen Network and Oprah, has narrowed the actors being considered for the role of Warren. Sam Slom and Danny DeVito are the finalists. Marlene Schwartz will be played by Eva Longoria. Rory will be played by either John Goodman, Sinbad or Philadelphia Eagles coach Andy Reid. Bennett makes a cameo as well as Raul from the pickle barell and Ronny the supply guy at the PD's office.Critics are already saying that this may be the motion picture event of 2007. I myself can't wait.
Rumpole, again please help separate fact from fiction here. The Dade legal community can only wait in anticipation.
A Godfather fan adds his/her two cents:
There was a man who came to REGJB, and he made this courthouse what it is today. That man was David Miller. And now there is not so much as even a plaque in his name here."Make sure Judge Thomas gets a friggin' plaque.
AND FINALLY, A READER ADDS:
"This is the business we have chosen"
Rumpole concludes with the fact that we like the Moniker “Don” Lenny Glick. We think he’ll like it to. Everything else is fiction. At Granny Feelgoods, try the soy burger. It’s the best in the city.
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