CHHHHCHANGES

Unfortunately, the more things change, the more they stay the same- which you can see by reading the end of this post.

KEN HASSLETT - former FACDL Miami chapter president, ace criminal defense attorney, and all around nice guy is putting his head into the lion- he is going into the belly of the beast (add whatever other hackneyed metaphors you think apply here); Ken is going North of the Border to meet with Judge Ana Gardnier to discuss....dare we say it..CHANGES North of the Border.

Here is part of the email he sent out:

As The FACDL-Miami Liaison to the BACDL I am making the following report:

On May 29, I attended the BACDL Board meeting organized by their President, Eric Schwartzreich. Also in attendance was the new Administrative Judge for the Criminal Division, Ana Gardiner. I am pleased to report that it was a very informative and productive meeting....

Judge Gardiner has opened the lines of communication with the criminal Defense
bar. It is no secret that change is necessary in Broward. Now is the time for us to bring important issues to the table, that can be resolved by the chief and/or administrative Judge.
...
I am forwarding this message to all of the members of FACDL-Miami so that they can forward any suggestions to me. On your behalf, I will present our suggestions to the BACDL at their meeting. .. I will be attending the meetings of both organizations in order to keep the lines of communication open.

Thanks,
Kenneth P. HassettAttorney at Law

Rumpole says: You can email Ken here: email: defenderno1 @ aol.com

Our advice is that we rarely venture North of the Border without local counsel, a bondsman on standby, and plenty of antibiotics. But that's just us. We wish Ken luck, and if things don't turn out so well, we will post his jail number at the Broward County Jail so you can drop him a line ala- Pais Hilton.

Word also reaches us from North of the Border via the Broward Blog (link on the left) that long time County Court Judge Robert Zach has been caught with his hand- not in the till- but in the pocket of a criminal defense attorney who appeared before him, to the sum of an unpaid personal loan of $2,500.00

Can you say former Judge Ralph Person?

For those of you newer to the REGJB, the saga of Judge Person reads like a Shakespearean tragedy. Judge Ralph Person was the Chief Administrative Judge for the criminal courts. A true Judge. Admired and well respected by all, we often said he had the best poker face of any Judge we ever appeared before. He gave you a fair hearing and you never had any idea which way he was going to rule.

Judge Person was so well respected that when the Feds needed an expert witness to testify to the Jury in the Miami Court Broom Judicial Corruption case as to what a Judge could and could not do, they turned to Judge Ralph Person.

Just one problem: Judge Person had solicited and received loans from attorneys who had appeared before him. This came out on cross examination and it was not pretty to say the least.

The testimony marked the swift beginning of the end of the Judicial and legal career of Judge Person. He resigned from the bench. The bar was relentless in their pursuit of him. He eventually resigned from the bar, remarking something to the effect that he never wanted anything to do with the law or lawyers again. It was a sad if not tragic ending to his career.

It is often said that those who do not learn the lessons of history are doomed to repeat it. Apparently Judge Zack in Broward County is many things, but a historian he is not. We do not know how this mess is going to end, but we predict it will not be pretty.

See You In Court, where in case any of our robed readers are wondering, we cannot loan you any money.


PS. You have to check out the comments on the Broward Blog about Zack.
We're thinking of starting a Broward Judicial body count for each month. This month is what, one Judge to TV, one Judge resigned, Ross to probate of all places (on the theory that he can't offend the clients there as much). Just when you think you have heard it all, another Judge in Broward steps up to the plate and does something stupid, unethical, illegal, or all three. This is an epidemic and obviously some of those Judges have something else under their robes besides skivvies.

What is happening in Broward is a continuing erosion in the public's confidence in the judiciary. We will be soon taking bets on what scandal emerges from the voting for the new chief Judge. The way things are going up there, you just know they are bound to screw it up.

TIES THAT BIND II

It's summer time (you can tell because it's raining.)

We have discussed before that for all their short comings our colleagues North of The Border have an enlightened approach to summer time dress codes.

Do you think our Administrative Judges should show some leadership here and issue an order allowing attorneys, if they so choose, to appear in Court sans Tie for soundings, reports, and miscellaneous hearings?

Dressing in a suit and tie shows respect for the court and jurors. However, our female colleagues manage to pull it off without wearing a Tie most of the time.

It's something to consider.


We've been pondering the Brendlin decision from the US Supreme Court (there is a link to the decision in the previous post). The decision extends the protections of the Fourth Amendment to Passengers in Vehicles.

We have two thoughts: 1) Justice Souter wrote: A traffic stop "necessarily curtails the travel a passenger has chosen just as much as it halts the driver," …. "a passenger's "attempt to leave the scene would be so obviously likely to prompt an objection from the officer that no passenger would feel free to leave in the first place".

Sort of undermines all those decisions that say that citizens are free to leave an "encounter" with the police any time they wish.

2) Extending the "protections" of this court's view of the Fourth Amendment to passengers is sort of like handing a broken umbrella to an attorney scurrying from their parking lot in the rain. The thought is good, but they still get wet. We read this decision as giving passengers standing to file motions, which can then be denied on grounds other than lack of standing. Woo Hoo! What a big day for the rights of citizens in the good ol' USA

Judge Seidlin (he of Anna Nicole Smith weeping fame) resigned North of The Border to pursue ventures in Hollywood. You can read about it on the Broward Blog.

Judge Speiser withdrew from the race to be the new chief honcho in Broward. The race is now down to Dale Ross, Mrs. Dale Ross, and Judge Stacy Ross, Dale Ross's daughter, and a Judge in her own right. What a coincidence!

See You In Court, wearing a tie until we are told otherwise.

BASIC TRAINING

UPDATED to include our incursion into Mr. Markus's territory.

Submitted for your consideration: our discussion on the SAO and training.



We are probably not the best source for this discussion because our contact with new prosecutors is limited. However, we have heard from lawyers who practice in County Court daily that the training for the new prosecutors is wanting.

We do not think that prosecutors are told to convict the innocent. We do believe that almost every prosecutor would dismiss charges against a person who is innocent.

But innocence is a difficult concept. We are not talking about the person who can prove he/she was having dinner with the Pope when the crime was committed.
We are talking about cases that do not have a such a clear line.

It is our belief, based not on a scientific survey, but more on a series of discussions with prosecutors over the years, that the training in the SAO has more to do with winning cases than seeking justice. It is our contention that in the 1980’s a young prosecutor who was troubled by a case had more authority to seek justice, and less difficulty in dealing with a seemingly endless myriad of supervisors to obtain a justified result.

It is our opinion-based on experience- that today prosecutors are trained to attack a justified defense, rather than seriously consider it. We have heard of young prosecutors frustrated to the point of quitting, by a bureaucracy that will not listen to them.

Perhaps we are right, perhaps we are wrong.

We invite discussion on this issue.

We are often asked to hold emails confidential. We are often emailed by Judges, politicians, well known lawyers, and asked to post their thoughts anonymously or keep their emails in confidence. We have always honored that request. Should any prosecutor care to email us confidentially, we will keep their identity secret to the extent the law allows.

Have at it.

See You in Court.

PS: Mr. Markus has been stealing our material lately, so turn about is fair play .

Click for the Supreme Court Opinion today in Brendlin v. California in which Justice Souter, writing for a unanimous court found that passengers in vehicles are "stopped" within the meaning of the Fourth Amendment and thus have standing to challenge the stop.

The SCOTUS BLOGis a good resource for all things doing with the Magnificent Nine

STANFORD HAMLET AND THE GHOST OF GERRY

Longtime and careful readers of the blog know we often find comfort and succor in the Bard, especially in times of trouble.

We therefore take some liberties with Hamlet and his Father’s Ghost, in a final speculation of the removal nee/ resignation of Judge Gerry Klein.

Tortured by the “resignation” of Judge Gerry Klein, our Hero “Stanford Hamlet” dangles near the edge of madness. The scene below, he confronts the Ghost of Judge Klein:

SCENE V.

Enter GHOST and STANFORD HAMLET

GHOST OF GERRY KLEIN

My hour is almost come,
When I to sulphurous and tormenting flames Must render up myself.

STANFORD HAMLET
Alas, poor ghost and Senior Judge!

GHOST OF GERRY KLEIN
Pity me not, but lend thy serious hearingTo what I shall unfold.

STANFORD HAMLET
Speak; I am bound to hear.

GHOST OF GERRY KLEIN
I am Judge Gerry Klein’s spirit,
Doom'd for a certain term to walk the golf courses of Miami Beach
Till the foul crimes done in my days of nature Are burnt and purged away.

STANFORD HAMLET
O My!

GHOST OF GERRY KLEIN
Revenge my foul and most unnatural resignation.

HAMLET
Resignation!

GHOST OF GERRY KLEIN
Resignation most foul, as in the best it is;
But this most foul, strange and unnatural resignation.

Now, Stanford, hear:
A serpent named Rundle so stung me; so the whole ear of Miami is by a forged process of my resignation.
Rankly abused: but know, thou noble youthful administrative Judge:
The serpent that did sting thy Senior Judge’s Job
Now wears the crown of State Attorney.

STANFORD HAMLET
O my prophetic soul! My Aunt Kathy!!!

GHOST OF GERRY KLEIN
Ay, that incestuous, that adulterate beast,
With witchcraft of her wit, with traitorous gifts,--

O Stanford, what a falling-off was there!
From me, whose love was of the Bench
Thus was I, Judging ,
Cut off even in the blossoms of my sin,Unhousel'd, disappointed, ungaveled
No reckoning made, but sent to resign
With all my imperfections on my head:

Let not the royal bench of Miami be A couch for luxury and damned credit time served.

But, howsoever thou pursuest this act,Taint not thy mind, nor let thy soul contrive Against thy State Attorney aught:
leave her to heaven or the bar or the voters.
And to those thorns that in her bosom lodge,
To prick and sting her.

Fare thee well at once!
Adieu, adieu! Stanford Hamlet, remember me.
Remember me Your Judge Klein
(Exit)

STANFORD HAMLET
Remember thee! Ay, thou poor ghost and disgraced Senior Judge
while memory holds a seat In this distracted adminstrative Judge's chambers.

O most pernicious woman!

O villain, villain, State Attorney smiling, damned villain!
That one may smile, and smile, and be a villain;

At least I'm sure it may be so in Miami.
That villainous Woman did not tarry
And sent away our beloved Fast Gerry.


And in final thought about Judge Klein, we directly quote the Bard:


HORATIO
I saw him once; he was a goodly king.

HAMLET
He was a man, take him for all in all,I shall not look upon his like again.


Gerry Klein was one of a kind and we shall not look upon his like again.

See You In Court.

NIFONG DISBARRED

After deliberating for less than an hour, the Disciplinary Hearing Panel in North Carolina voted today to recommend disbarment for disgraced prosecutor Michael Nifong.
ARTICLE


DOWN GOES KORDA

Despite how hard it appears to become a Judge, South Florida is losing Judges at an alarming rate.

We neglected to report that earlier this week, Judge Korda, late of North of the Border, and in the headlines for partaking in Cannabis Sativa, has resigned after 30 years on the bench.

You can check out the story on the Broward Blog, and also check out the great letter from lawyer Tony Serra, 71, who did 10 months at Lompoc, California, for tax evasion. It's a great letter and story.

The Broward Blog link is on the left.

Our favourite Federal Blog, besides stealing our lines, covers the apology from the lawyer who suggested a Federal Bankruptcy Judge was " a few french fries short of a happy meal." The hearing on the rule to show cause is this week, and according to the Federal Blog, the lawyer is "really, really sorry."

Tomorrow: Our version of "Stanford Hamlet" , as he confronts the Ghost of Gerry Klein."

NIFONG RESIGNS / US SUPREME COURT DOES IT AGAIN

Word reaches us this rainy evening that Mr. Nifong, the prosecutor who mishandled the rape investigation and prosecution of Duke Lacrosse players, announced, tearfully during his testimony during a Bar hearing regarding his ethics violations, that he intended to resign.

Too little too late.

Reade Seligman, 21, one of the innocent players who was accused and prosecuted, testified at the hearing. He recounted how Nifong refused for several months to meet with his lawyer, although DNA evidence had exonerated him, and the fact that he wasn’t even at the party where the rape was alleged to have taken place. Seligman testified how when confronted with his alibi Nifong “smirked” and said he was not interested in fiction. Seligman testified how his father collapsed on the floor when he learned the complaining witness had identified Seligman in a photo line-up. And finally, Seligman testified how he was ostracized by the Duke community once he was indicted. A classmate and study partner in his African studies class wrote in the student newspaper how the rape had “brought Jim Crow back to the South.”

Previously in the hearing, Raleigh attorney Brad Bannon testified that he spent 100 hours reviewing the 1,844 pages of DNA results. Six months earlier Nifong had released the results along with a summary of the findings. One problem: the summary did not list that another, un-charged male’s DNA was located in the samples tested. If not for the diligent work of this lawyer, innocent men might have gone to prison.

Who among us, when first hearing of the incident, did not say to themselves that the lacrosse players- all white and from privileged backgrounds- must be guilty? Who among us did not hope that the prosecutor would work quickly and efficiently to show that a black women could finally get justice in the South?

Just one problem: the student were innocent and the woman was a troubled liar.
Compound that with a prosecutor about to enter a difficult election, and you have all the ingredients for a tragedy.

This case illustrates just how much damage one prosecutor with the wrong ideas and ideals can cause. He wrecked the families of the young men who were accused; he brought disgrace to his office; and his actions contributed to a loss of confidence in the justice system.

The question we have is not what to do with Mr. Nifong. He should certainly be disbarred. The question we have is how many other Mr. Nifongs are out there?

We criminal defense attorneys call ourselves Liberty’s last line of defense. That was truly the case in the Duke prosecution. But for dedicated lawyers working when public opinion was strongly against them and their clients, innocent young men would probably have gone to prison.

We think our legislators and the public should think long and hard about the Duke case the next time they consider handcuffing criminal defense attorneys by taking away a defendant's ability to defend him or herself in court. Losing the right to the rebuttal closing argument as just happened here in Florida troubles us greatly. We view it not as an isolated incident, but the begining of a trend.

You damn well better believe any member of the Florida legislature would want their attorney to have the last word if their son was wrongfully accused of rape.
It is something to think about.


We can’t sign off without commenting briefly on the US Supreme Court’s decision in Bowles v. Russell.

Keith Bowles is serving a 15 year to life sentence imposed by an Ohio state court. When the federal judge denied his habeas corpus petition, he mistakenly told Bowles, that he had 18 days to file his notice of appeal. Bowles’ attorney filed the notice of appeal on the 17th day. After briefs were filed, the Court of Appeals granted a motion to dismiss based on lack of jurisdiction when Ohio argued that the appeal was not timely filed, as law required the notice of appeal to be filed within 14 days.

Justice David Souter writing for the four dissenters in the case spoke for us when he wrote that “it is intolerable for the judicial system to treat people this way.” He added, “There is not even a technical justification for condoning this bait and switch.”

Of course Justice Thomas wrote the majority opinion. And of course he based his reasons on Congress- “Because Congress decides whether federal courts can hear cases at all, it can also determine when, and under what conditions, federal courts can hear them,”

Once again- if it was a member of Congress’s family who got shut out of an appeal after a Judge gave incorrect instructions, we believe there would be a greater outcry to stop this insanity.

Just what kind of legal system treats its citizens this way? Our legal system. And it stinks.

You can read how the NY Times reported the case HERE

See you in court ignoring any advice our robed readers give us and our clients on how many days we have to appeal.

RESIGNATION OF JUDGE KLEIN

The Daily Business Review published an article today on the sudden resignation of Judge Gerald Klein. The gist of the article is that Klein submitted his resignation, after serving 48 years on the bench, after the Dade State Attorneys Office filed a complaint with Judge Farina regarding Judge Klein’s comments to a female assistant state attorney.

Here is the link to the DBR Article:
JUDGE KLEIN

We came of age practicing law when female lawyers were still sometimes ridiculed, propositioned, or otherwise not taken seriously. There is never any excuse for treating another professional in a demeaning manner. If that did occur here- and we should note that what has occurred is just a complaint and a resignation- no finding of guilt- then Judge Klein was right to resign.

Judge Klein served this community for 48 years. He has a right to be remembered as a hard working, honest, and decent jurist and man. We are terribly sorry that he ends his distinguished career in this manner. However, even if true, one blight should not otherwise erase decades of outstanding service.

For decades Gerry Klein has not only been a fixture in the courtrooms of Miami, but also on the golf courses of Miami Beach, and we are certain that anyone so inclined can will be able to find him most mornings teeing off. Keeping with the golfing references, we can't help wishing that even if the accusations were true, that after 48 years of service, this man was entitled to one, well earned, mulligan.

Forgive us for being rank sentimentalists, but in many ways this is the end of an era.
We will miss Judge Klein; we wish him godspeed and we hope that he enjoys his well earned retirement.

See You In Court, waiting in what promises to be very long lines at bond hearings.

COSTS

The Iraq war costs $177M per day, $7.4M per hour and $122,820 per minute.

Here is nice little up to the minute War Cost counter: COST OF WAR .

The Cost of a tooth extraction for a child varies from $100.00 to $500.00.

Bob Herbert a columnist for the NY Times wrote about 12 year old Deamonte Driver, of Prince George’s County, Maryland. We should note that Prince Georges County is not that far from Washington DC. Perhaps less than 100 miles.

Young Deamonte Driver had an abscessed tooth. A dentist offered to extract it for $80.00. Driver’s mother could not afford the fee, so when the pain got bad she took her son to the emergency room of the local hospital. The hospital gave Deamonte some pain killers and medicine for sinusitis and sent him home.

On February 25 2007, in agony, Deamonte died when the bacteria from the abscess spread to his brain.

We spend $122,000 A MINUTE for a mistake. A mistake in intelligence. A mistake in believing our elected representatives. A mistake that will haunt our country, like Vietnam has, for decades.

We cannot spend $80.0 damn dollars to save a child’s life. A life in which that child may have grown into the next Dr. Pasteur; or Picasso; or Beethoven, or Bill Gates. Without such delusions of grandeur, shouldn't American children be entitled to grow up with adequate health care. Shouldn't Deamonte have been able to reach his teen years; fall in love; get his heart broken; play sports; go to the movies; get married; have children of his own? Shouldn't a child in a country that calls itself the greatest society on earth have a decent chance of not dying from a tooth ache before the age of 20?

Would this have happened to Deamonte in Canada? or England? or France? Or Germany? Or Russia?

Bob Herbert quoted Nelson Mandela:
“There can be no keener revelation of a society’s soul
than the way in which it treats its children.”

We have spent close to half a trillion dollars for the mistakes of our president and vice president ( and we are generous when we use the term mistake; one could easily make the case for “lies”).


Lets say circa 2001 there was no terrorist attack. Lets say that the people of Iraq in 2002 rose up on their own and peacefully overthrew Saddam Hussein.
The question is this: without a war on terrorism and a war overseas pending, would we as a society have agreed to spend one quarter of the cost of the war in Iraq on our children’s health over the next ten years? Would we have agreed to spend 10 billion a year more on health care for the 9 million uninsured children in this country? 10 billion is a lot of money. You can do a lot with 10 billion dollars.

10 billion dollars is what we are spending every 65 days in Iraq.

Think about it.

Think about all the lost lives in Iraq.
Think about all the lost opportunities and all the better ways we could have used that 400 billion dollars we have already spent.

And think about Deamonte Driver. Dead at age 12. George Bush and the Republicans would and have gladly spent 400 billion dollars to stop a terrorist from shooting Deamonte. But they wouldn’t spend an extra 80 bucks to have his tooth pulled.

We reflect on Nelson Mandela's quote and we come to this conclusion: we are not the greatest society on earth. Far from it. We are not the greatest country in the world. Whatever claim we had to greatness we have squandered. We may have had the greatest generation that saved the world from totalitarianism. We may have put men on the moon. But we can't protect the lives of our most valuable resource- children. And we continually vote for duplicitous and deceitful men whose only defense of their right to lead is that they are prayerful and believe in the lord.

George Bush hasn't squandered our greatness. We have. By voting for him. Twice.

See You in Court.

NEW BOND HEARING/ARTHUR HEARING PROCEDURES

JUDGE BLAKE DOES NOT ANSWER OUR EMAILS

HOWEVER HE DOES EMAIL THE FACDL


HERE IS WHAT HE HAD TO SAY

1) Circuit Judges will do their own Arthur Hearings.
Cancel that 3:00 PM tee time guys.

2) Two new Judges will handle bond hearings Monday through Thursday, with a special guest retired Judge for Fridays.
Who said consistency in setting bond amounts was a good idea anyway?

3) NO MENTION OF GERRY KLEIN.
DADE JUDGES SILENT ON OUSTER OF JUDGE KLEIN DAY SIX.
Fair warning here dear robed readers, we have several reporters who have been speaking with us about this story. Your silence is deafening.

Finally: What about the "dade rule" that because police make so many bogus arrests for non-bondable offenses, that you cannot get an Arthur Hearing before the arraignment? Will that now change?

Scenario: Man and wife are getting divorced. Wife locks husband out of home. Husband climbs through window, gets belongings, including his prized Buck Knife, and as he is walking out the door he is arrested for......? You guessed it- Armed Burglary. Husband can't get bond until 21 days later.

Is this going to change? Are the courts going to be more responsive to the police's blatant manipulation of the system? Or like the Gerry Klein mystery, are our Judges just going to sit there saying "see no evil"??





This really isn't our criminal judiciary, is it?

Here is Judge Blake's perky email:

Hi Everyone,
It now appears that a solution has been found for the weekday bond hearings. Senior Judge Tom Peterson and Judge Fred Seraphin will be handling bond hearings Monday-Thursday. Our Chief has been able to arrange that senior judges will cover the bond hearings on Fridays. This new procedure is scheduled to begin on Monday, June 25th. Because Judge Seraphin will now be doing bond hearings and county court back up, it will be necessary for each division to handle its own Arthur Hearings. I will be asking Fred to send out an email to us to let us know things we should be looking for and see if legal can assist us with any questions we may have. At this time, it appears that some Arthur Hearings currently set during the week of June 25th may be reset in your division. I am sending this email to the judges and JA’s so everyone is aware of the changes. As always thanks for your cooperation and call me with any questions. Stan


Rumpole says, we can only wish some of our clients were as silent as the Dade Judicial Administration on the Judge Klein issue. Well, they do get to see the stupidity of speaking to the police, so we really can't blame them for lawyering up.

CORAL GABLES OFFICER ALAN DAVIS ARRESTED FOR SOLICITING A PROSTITUTE

THE MIAMI HERALD REPORTED THAT Veteran Coral Gables Officer Alan Davis was arrested for picking up a prostitute and driving her to the warehouse district near Merrick Park for the purposes of comitting prostituion related activities.

In other words, he wanted her to do that voodoo that she do so well.

A portion of the Herald Article is below:


A veteran Coral Gables Police canine officer picked up what he thought was a prostitute Sunday morning -- but not to take her to jail.
Instead Officer Alan Davis -- on duty, in his marked patrol car and accompanied by his K-9 -- drove the woman from Pierce Park in Coconut Grove to a warehouse area near the posh Village of Merrick.
There, police said, he offered her $40 for sex and began removing his gun belt.
(wow officer, are you happy to see me or is that a gun in your belt?)
Davis, 43, didn't know the woman was a police informant wearing a wire or that he had been under surveillance by his own department.
Davis, a 21-year veteran, was taken into custody in his uniform and charged with solicitation and transportation with the purpose of prostitution.
His police dog, Troll, who two weeks ago won a statewide bomb sniffing competition, was in the backseat of the cruiser, said Coral Gables Police Chief Michael Hammerschmidt.
(There should be an enhancement for performing a sexual act in front of a minor animal. We are assuming the dog was under the age of 18.)
The case really began a month ago, the chief said. Davis had been under investigation by Gables police internal affairs after the department received an allegation from another woman that Davis had solicited her for sex, Hammerschmidt said.
In the case that landed him in jail Sunday, Davis apparently first had contact with the female police informant on Thursday.
''There were discussions that led us to believe he was going to start working on this lady,'' Hammerschmidt said. ``She notified Miami police. They notified our internal affairs because they knew we were working on this investigation.''
The department said Davis is married and has a family.

Rumpole says, as any sex crimes prosecutor will tell you, the probability is that if he is indeed guilty, Davis has been engaging in this type of behavior for some time.

THE 4th CIRCUIT STRIKES BACK.

THE NY TIMES REPORTED TODAY:

In a stinging rejection of one of the Bush administration’s central assertions about the scope of executive authority to combat terrorism, a federal appeals court ordered the Pentagon to release a man being held as an enemy combatant.


“To sanction such presidential authority to order the military to seize and indefinitely detain civilians, Judge Diana Gribbon Motz wrote, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution — and the country.”
“We refuse to recognize a claim to power,” Judge Motz added, “that would so alter the constitutional foundations of our Republic.”

The ruling was handed down by a divided three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., in the case of Ali al-Marri, a citizen of Qatar and the only person on the American mainland known to be held as an enemy combatant.

Rumpole says: About time.

COMMENCEMENT SPEECH

Radio and Television talk show host Tavis Smiley said this during his speech at Rutgers University Commencement activities:

The tragedy of your life does not lie, young folk, in not reaching your goal. The tragedy lies in having no goal to reach. It is not a calamity to die with dreams unfulfilled, but it is a calamity not to dream. It is not a disaster to not be able to capture your ideals, but it is a disaster to have no ideals to capture. It is not a disgrace to not be able to reach all the stars, but it is a disgrace to have no stars to reach for.


Wise words. See you in court tomorrow.

Ken Feldman Memorial

We received this email and humbly post it.

Memorial Service for Ken Feldman Monday June 11th, 20076:00 PM
St. Thomas University School of Law Moot Court Room
(16401 NW 37th Avenue, Miami Gardens)

A Memorial Service will be held in the Moot Court Room Monday, June 11th, at 6:00 PM for Kenneth N. Feldman, Director of Pro Bono Services and Adjunct Professor at the law school for the past ten years. Originally from the Philadelphia area and an alumnus of Boston College Law School, Mr. Feldman devoted endless hours to community service and also had his own criminal law practice. Ken Feldman will always be remembered for his kindness and for his devotion to his students.

Donations are being accepted for the Ken Feldman Pro Bono Scholarship fund as well as for the Orchid Garden that will be planted and maintained on campus in his memory. If you wish to donate to either fund, please log on to DONATE

Please be sure to note which fund to be credited. Thank You.


Rumpole says:

"For in the final analysis, our most basic common link is that we all inhabit this small planet. We all breathe the same air. We all cherish our children's future. And we are all mortal."- John F. Kennedy

MORE ROSS

DADE COUNTY JUDGES SILENT ON JUDGE KLEIN'S OUSTER. DAY TWO.

WHY WON'T THEY TALK AND TELL US WHAT HAPPENED?

We know this is primarily a Dade County Blog. But we haven’t seen a character like soon to be former Chief Judge Dale Ross strutting the hallways of power, and stumbling in the press since….Mussolini? Nixon?

The New Times has a must read-can’t miss article on Dale Ross, here---->

DALE ROSS


The article details some of the thoughtless, heartless, and ultimately improper sentences Judge Ross doled out when he was doing the majority of Probation Violation Hearings North of the Border. Improper because time and again, Ross was reversed by the 4th DCA., sometimes with statements from the Judges that they were troubled by what they were reading. In one particular egregious instance, the majority opinion noted how Ross crossed the line from Judge to prosecutor as he assisted an Assistant State Attorney during a hearing where the prosecutor was otherwise incapable of proving a violation.

The article quoted the 4th DCA’s opinion:
¨We cannot escape a settled feeling that [Ross] went too far in assisting an unprepared state attorney to establish the [violation of probation],¨ Judge Gary M. Farmer wrote for the court. ¨Simply stated, the trial judge´s conduct crossed the line of ostensible neutrality and impartiality and operated to deny the defendant essential due process by depriving him of the appearance of an unbiased magistrate and an impartial trier of fact.¨


But wait! There’s more.

Anyone who has ever appeared before Judge Ross has come away with that unpleasant feeling of thinking “I never in my life have seen or heard a sane human being talking in that clipped - 3rd person diction.” The article addresses Ross’s penchant for speaking about himself in the 3rd person:

That´s Dale Ross on Dale Ross in the third person. Why does he do that?
¨I don´t know,¨ Ross says, hesitating. ¨You´d have to ask a psychologist. I can´t answer that question.¨

Finkelstein (the Broward PD) , Gelin (who runs the Broward Blog), and others think they know the answer to this question.
¨I think he talks that way because he´s an arrogant, pompous guy,¨ says Gelin, who was assigned to Ross´ courtroom when he was an assistant public defender five years ago. ¨He thinks he´s larger-than-life and strolling the Earth amongst the mortals, and that´s the worst kind of attitude a public servant can have. A megalomaniac. When I was his staff public defender in the juvenile division, I saw some of the most outrageous behavior. And he´s setting the example.¨

Rumpole says: Mr. Gelin, there isn't enough beer in the world that we want to buy for you.

Perhaps the last word –by our friend and colleague Fred Haddad- as he was quoted in the New Times Article, is the best word:

Fred Haddad, a high-profile defense attorney who has practiced law in Broward County for 34 years, disagrees. ¨There are 101 judges in the county,¨ Haddad says. ¨They all have the right to tell Dale to fuck off. The only thing Dale can really do is assign divisions, give them a parking spot.
¨It´s not a lack of leadership. You can´t lead when you´ve got people who don´t want to be led. I don´t think anybody could run Broward County judges.¨


Oh Fred- but were we one of those 101 who have the right to tell Dale to……. You get the picture.

It’s refreshing to hear Mr. Gelin speak. For decades we have gone to Broward and come back shaking our head, thinking “doesn’t anyone see the lunacy we are seeing?” Finally, we get confirmation that we were not the only lawyer shocked and astounded by what loosely was called “justice” in Broward County.

The Times, North of the Border, they are a changing.

And not a moment too soon.

See You In Court.

WHO TOOK OUT GERRY KLEIN???

With the end of the Sopranos much on everyone’s mind (and some entertaining Soprano’s type dialogue in the comments section) we are pondering what exactly happened to Judge Gerry Klein. ???

The longest serving Judge in the State of Florida , Judge Klein was unceremoniously removed from his bond hearing duty that he presided over four days a week. “Fast Gerry” as he was known by more than a few generations of attorneys, moved the bond hearing calendar quickly and efficiently. He knew which cases merited scrutiny, and which cases could be disposed of quickly. Judge Klein had the type of experience that should not just be cavalierly discarded.

We sent an email to certain Judges who have admitted to reading the blog from time to time, but they have been too busy to respond. (The rain is playing havoc with many of our robed readers tee times.)

Now word reaches us from several sources that our State Attorney, taking a break from vacation, may have a hand in this dirty deal. Unnamed sources have said the State Attorneys Office felt prevented from obtaining habitual misdemeanor sentences because many people with prior records had pled guilty at jail arraignments.

We know it’s hard to believe, so lets write it again: rumor is the State Attorneys Office intends to seek misdemeanor habitual offender sanctions.

Have they lost their mind? Don’t they have anything better to do?

This speaks to an uncomfortable scenario: A bunch of “chiefs” are sitting around in their office (heaven forbid they should be in court trying a case) trying to justify their existence and corresponding salary. Suddenly one of them who has been paging through a Florida Statute Book that previously served as a base for an office plant, stumbles upon the idea that the Miami Dade State Attorneys Office does not have a habitual misdemeanor offender chief. Can you spell –o-p-p-o-r-t-u-n-i-t-y to score some supervisor points? And their grand plan all starts with replacing a Judge who was a Judge before many of their parents were born.

Let us be the first to say, in legal terms, this stinks.

And to the devious whippersnapper who took out Judge Klein, lets us only remind you of Karma. Someday you will be older, and entitled to the respect that your years of service have earned you. And some snot nosed upstart will take your job away, and then you will know what it feels like.

Until then, we’ll have to get our own revenge by taking your dopey habitual petty theft cases to trial. You guys have enough trouble winning DUI cases with breath. Now you have to go seeking 364 on disorderly conduct cases?

See You In Court.

PS: Where is the FACDL in all this?

ELECTING A NEW CHIEF JUDGE

BROWARD STYLE.

The blog North of the Border details a contretemps that has broken out among the Judges North of the Border about how they will elect a new Chief Judge.

As a public service to our readers, we summarize the various plans below:


THE ROSS PLAN. The current chief Judge has plans to carry out the election of his successor in this manner: At a date, time, and location known only to him and a few select Judges, they will meet, and vote for a new chief judge. Majority rules. Responding to criticism, Ross downplayed the possibility his hand picked successor would be elected. “This is America” Ross drawled, “stealing elections away from the popular vote is as American as minimum mandatory sentences. We here in Florida know that better than most.”


SURVIVOR. All candidates will be taken to a Latin America cafeteria on Calle Ocho. They must first order and eat breakfast. Then they must secure the check, pay for breakfast, hail a cab, and get to the Hialeah Branch Courthouse, where they will do a morning traffic calendar. Then they will be required to obtain transportation back to the Broward County Court house. Upon reaching the Courthouse North of the Border, they must scurry from courtroom to courtroom looking for a lawyer from Dade. First Judge to complete the challenges and hold a lawyer from Miami in contempt wins.

CELL PHONE SCRAMBLE. Judges will be stationed in Judge Illona Homes courtroom. At varying intervals, lawyers and defendants will have their cell phones ring. The Judge who wrestles the most cell phones away from participants, win.


PAPAL POGROM
All the Judges of the Seventeenth Judicial Circuit will enter a “Judicial Conclave.” They will be housed in a special wing of the Broward County Jail, called the "Broward County Basilica." No cell phones or contact with the outside world will be allowed. The Judges will meditate, pray, read the Florida Law Weekly, and listen to nominating speeches from judges advancing their own candidates. At any time, a Judge may call for a vote. The vote will be run by Judge Korda. If any candidate achieves a 2/3 vote plus one, Korda “will burn” specially treated “weed” that will emit a white, stickly sweet smelling smoke, announcing a winner. If no candidate gets the 2/3 vote plus one, Korda “will burn” a specially treated “weed” that emits a black smoke.

Upon the white smoke being seen, crowds will gather below the Broward County Jail "Basilica." Judge Ross will emerge with the new winner on a specially constructed balcony. Ross will ceremoniously hand over the chief judge’s gavel, and the new chief will wave the gavel over the admiring throng of lawyers that have gathered in the courtyard below the Basilica.


Rumpole says: whatever plan is chosen, given the current antics of our judicial friends North of the Border, the election should be fodder for bloggers. Based on the transgressions of their diversity committee (motto: “we few select special people meet in secret and decide your fate.”) is there any chance our dimwitted cousins to the north will pull this off without a faux pas?

We think not.

See You in Court, waiting for the white smoke.

DOWN GOES SCOOTER

D.C District Court Judge Reggie B. Walton sentenced former Vice Presidential aide Scooter Libby to 30 months in prison today.

Libby was convicted of lying to FBI agents who were investigating who leaked CIA Operaive Valerie Wilson's name to the press.

Libby was not taken into custody, and while the Judge said he could not think of a reason why Libby should remain free on an appellate bond, he agreed to review memoranda on the issue before setting a surrender date.

Here are some excerpts of what the lawyers said:

“He has fallen from public grace,” Mr. Wells said, his voice dropping to a hush. “It is a tragic fall, a tragic fall.”

But the prosecutor, Patrick J. Fitzgerald, argued that the defendant had shown “absolutely no contrition,” and that the court needed to send a message that lying in a criminal investigation can never be excused.
“Truth matters,” Mr. Fitzgerald said. “The whole system depends on that.”

Mr. Libby’s conduct was inexcusable, the prosecutor said, because as a lawyer he is “educated and experienced in these matters.”

Nor was the defendant’s lying a spur-of-the-moment decision, Mr. Fitzgerald went on. Rather, he said, Mr. Libby lied repeatedly over a period of weeks, rejecting numerous opportunities to change his account and avoid charges.

As for Mr. Libby’s long record of public service, Mr. Fitzgerald said, “We cannot create a special category of people” who are treated leniently just because they are in government

Rumpole says, we are clearly stepping on the toes of everyone's favourite federal blogger, but sometimes there is just nothing else to write about.

We sent some emails to the powers that be regarding the circumstances about Judge Klein's mysterious and rapid retirement from bond hearing duties. Obviously these Judges are way to busy to respond to our humble inquiries.

See You In Court.

MONDAY NIGHT COURT APPOINTMENTS

BREAKING BLOG AND REGJB NEWS: JUDGE FAST GERRY KLEIN, BELIEVED TO BE THE LONGEST SERVING ACTIVE JUDGE IN THE STATE OF FLORIDA HAS "RETIRED" FROM DOING BOND HEARINGS.

WHAT'S THE REAL STORY?


COURT APPOINTMENT MEETING.

MONDAY NIGHT.

TONIGHT.

AT TOBACCO ROAD 5 PM.

Come complain and commiserate and conspire, combine, and confederate with other lawyers about how we can get our gravy train back.

We would humbly suggest the event turn into a Blog party.

But then again, who are we to suggest anything?

While we're all together how about a little lobbying to get the close/close rule changed again; to get the Robert's court to read the Fourth Amendment; and to have the 3rd DCA stop worrying about where the law leads them?

See You In Court, still not taking appointments.

JQC ROCK III

The Further Adventures of JQC Rock, JI.

Chapter Three: Shuminer takes a Powder.

Sometimes in my job you get used to the pain and violence. Take for instance that bell ringing in my head. It doesn’t help when a perp smacks you over the head with a two by four- or in my case, drinking too much Tequilla with that new JA (judicial assistant) at Tobacco Road. In either event, I woke up alone, and the bell was the phone. It was Sunday around noon and the Kid was on the other line.

“Kid, I told ya not to call me before noon.”

“It’s 3pm, Rock.”

“Ouch. OK, whattya got?”

“Maybe a break in the Hanzman case.”

I sat up in bed. Perhaps a little too quickly, as the room began to spin. So I slouched down, put the phone by my ear, and waited for the news.

“We lost a suspect. Shuminer dropped out of the race.” The Kid started yaking faster than my ears could keep up. Something about TV and Spain and Unicorn visions.

My head was swimming. I hadn’t expected this. In my line of work you try and expect the unexpected, but sometimes events pass you by.

“Kid, slow down willya. Come by my place. And bring coffee. Wait…bring two coffees for me, black, sugar, and whatever you want. And bring the Herald.”

I showered and looked at some dry toast, but my stomach couldn’t take it. I was sore. That JA had a few years and some new moves on me. But it was a good sore, if you know what I mean.

The Kid showed up with the Herald. And like a puppy wanting to go out, he sat there barely able to keep quiet while I sipped the coffee and read the article.

I was done and the Kid couldn’t take it any longer. He launched into a stream of consciousness about losing a suspect and having to start all over on the case.

I help up my hand for him to be quiet. For show, I shaked a few Excedrin out of a bottle and crunched them between my teeth, before swilling the whole thing down with the last of my second coffee.

“I don’t buy it Kid. I don’t buy it for one moment. Hanzman goes down and Shuminer takes a flyer on TV? It don’t ring true.”

“What are we going to do Rock.”

For once I was stymied. In this business you learn that there are twists and turns before you solve the case.


“This Shuminer thing is like Mastos all over again. Everyone thought Mastos did himself in, but I found the guy who stuck the knife in.”

The Kid nodded. “We studied that case in school. You were the only one who figured out Mastos didn’t do himself in.”

“Right. And I don’t like this Shuminer gal taking a powder on her own.”

“You mean she was forced out?”

“Could be kid. Only time will tell.”

“So what do we do now?”

“Wait. Time is our friend. Our true enemy has yet to reveal himself.”

“Godfather three, right Rock?”

“Something like that Kid. We wait until the Governor makes his pick, then we do a little more snooping around the edges, shake a few snitches down, and with a few breaks we can catch the guy who did this to Hanzman.”

“Guy?” the kid said.

“Guy or gal Kid. Either way, I’ll get em. “

COP KILLS PARTNER

Before we start with our post, this strange sentencing caught our eye.
BEATLES SENTENCING ORDER
Let It Be? Hardly.


COP KILLS K-9 PARTNER:

Sergeant Allen Cockfield of the Metro Dade Police Department has been arrested and charged with killing his partner, Duke, a four year old German Shepherd K-9. Cockfield allegedly kicked Duke during a training exercise. The incident was witnessed by several other officers. Duke collapsed and was taken to an animal clinic where he was pronounced dead.

The investigation into the case included hot shot Dade Medical Examiner Dr. Emma Lew who opined that the well placed kick interrupted the rhythm of the heart and killed the K-9 dog.

The Miami Herald reported the arrest here:
K-9 KILLED

It is a third degree felony to kill a police dog.

Rumpole says, police dogs. like police officers, train hard and sometimes are asked to risk their lives for our safety. We support a vigorous prosecution of this officer. If found guilty, he should be punished. We have no tolerance for those who abuse animals or children in our society. No one who has the kind of temperament that this officer is alleged to have, should be entrusted with the job of police officer, much less a supervisor.


And in other news, our State Attorney took a break from vacation to return to Miami to hold a press conference to announce that parents should lock up their guns now that children are home from school.

Rumpole says, we support gun safety. Indeed, we support any measure that would make guns less accessible to the public. However, we would like to suggest to our State Attorney that when on break from vacation, she try a few less press conferences, and a little more court appearances. We would like see our elected State Attorney, just once, in court, letting her prosecutors know she is in their corner and on their side.

Memo to the State Attorney: When you walk outside of your office building, directly across the street are two large buildings, connected by a bridge. The building to your left is the courthouse. The building to the right is the jail. We recommend that prosecutors try their best and avoid the Dade County Jail. You will need ID, and should not attempt to bring any weapons with you. (insiders tip: use the back entrance, which is right in front of you, between 8-11 AM., and you can enter in the lawyers line- (you have kept up to date with CLE, right? It doesn't hurt to ask.) )

Anyway, bring your bar card and driver's license. Once inside the building, just wander around. We do. It's fun. When you're finished, go out the way you came in, but don't forget to stop off in Au Bon Pain. The chocolate chip cookies are great.

What say you, young ASA's? Would you like to see the boss in court every now and then? Give us your comments.

See You, and maybe the State Attorney, in Court.

TV JUDGES

With confirmation that Judge Shuminer has accepted a job with Univision, there are, by our count, four former Miami Dade Judges with television shows on the air or about to begin.

Lets contrast the accomplishments of our Judges with what has been going on North of the Border.


Recently, we have seen these changes in the Broward Judiciary:

1) The Chief Judge Resigned.
2) Three Administrative Judges resigned, one (Judge Greene) because he called African American participants in a case “not human”.
3) One Judge arrested, while his colleague gained national attention while weeping over the Anna Nicole Smith fiasco.
4) One Judge chastised some litigants for not being fluent in the King’s English, while another Judge tried to call Immigration on people who appeared before him who were not US Citizens,
see our post of March 17, 2006, Broward 2021
BROWARD 2021

while his Hispanic colleague accepted a paid suspension for his not too secret email criticizing his colleague.

It’s a Circus up there!!!

Meanwhile Miami Traffic Magistrates are busy hiring Hollywood agents.

See You In Court.

AFFIRMED ON APPEAL

The 3rd DCA issued an opinion recently that we find troubling.

You can find the full opinion on the 3rd DCA’s website. Click on "recent opinions and then on the opinions for May 30, 2007. It is Major v. State.

3RD DCA


We reprint a portion of the opinion and invite commentary. We will provide our own view of the matter at a later date. However, to summarize, in a murder trial, the prosecutor prevailed on the ME to change his testimony right before he took the stand. The change was a significant blow to the Defendant’s theory of the case. The 3rd DCA affirmed because the defense attorney did not object.

We view the decision as “result oriented”. The simple fact is that if the 3rd DCA believes the issue deprived the defendant of a fair trial, they should have overlooked the fact that it was a murder case and reversed the case and remanded it for a new trial:

Here is the selected portion of the decision:

Prior to the defendant’s trial, the medical examiner, Dr. Shuman, stated that that he could not conclude whether the bullet fragment removed from Roberts’ brain, which he identified as the fatal bullet, came from a handgun or a shotgun....

However, at trial, Dr. Shuman testified that he was certain that the fatal bullet was fired from a handgun. Dr. Shuman also testified that he changed his opinion the morning of trial when the prosecutor met with him, provided him an additional photograph of the headrest in Roberts’ car, and told him that a witness would testify that a shotgun was fired from the third floor...

The record reflects that, after the prosecutor became aware of Dr. Shuman’s changed opinion, she failed to immediately disclose the inconsistent testimony to the defense. Although Dr. Shuman’s expected testimony was critical evidence in the State’s case, the prosecutor inexplicably failed to mention that Dr. Shuman would now testify that the fatal bullet was fired from a handgun...

In this case, it is undisputed that defense counsel was surprised by and unprepared for Dr. Shuman’s changed opinion. It is also undisputed that, upon learning of Dr. Shuman’s changed opinion during his direct examination defense counsel did not object to the existence of a possible discovery violation or request a Richardson hearing. Instead, defense counsel cross-examined Dr. Shuman and attempted to impeach him using a medical report that apparently reflected his inconsistent testimony...

Where a defendant fails to timely object to a discovery violation or to request a Richardson hearing, the defendant does not preserve the point for appellate review...

Instead, we find that we cannot reach the issue of whether a discovery violation occurred because this was not preserved for appellate review...

However, the defendant may seek post-conviction relief under Florida Rule of Criminal Procedure 3.850 for ineffective assistance of counsel... A better case for ineffective assistance of counsel is difficult to imagine as the changed testimony here crippled the defense’s theory of the case and would have caused a criminal defense attorney with any modicum of effectiveness to object to this new evidence and demand a Richardson hearing. Undoubtedly, the defendant’s proper course of action is to pursue a claim that his attorney was ineffective for not preserving the purported discovery error for appellate review.


Rumpole says, a careful review of former 3rd DCA opinions will yield a little case written by former Chief Judge Schwartz in which, confronted with a clear case of ineffective assistance of counsel on direct appeal, reversed the conviction in which, and we are quoting from memory here, he writes that the court prefers to save time and do now what clearly would be done later. A special bonus to anyone who finds the cite and posts it.

See You in Court, objecting to everything, which apparently the 3rd DCA wants trial lawyers to do, lest we miss an issue for appeal.

Special thanks to our favourite Herald scribe who tipped us off to this decision. Apparently she reads more case law than we do.

JQC ROCK

BREAKING BLOG NEWS: MORE BROWARD JUDGES RESIGN ADMINISTRATIVE POSITIONS!!!!!:

The Broward Blog is reporting that both the Chief Administrative Judges for the civil and criminal divisions (Judges Cowart and Spechler, respectively) have resigned. If this keeps ur their going to have to start pressing traffic magistrates into service to handle calendars.

It just confirms our deepest suspicions that even the Broward Judges don't like going to court in Broward.

THE CONTINUING ADVENTURES OF JQC ROCK, JI-JUDICIAL INVESTIGATOR.

THE CASE OF THE SAD CHIEF

We were just sitting around the office, staring at some files. Old cold Chinese food containers sat on desks, with chopsticks forlornly sticking out. Maybe someone had a bottle of Jack that found its way into my glass of Coke. Anyway, the phone rang, and I picked it up.

I should have learned my lesson by now.

There was a JI on the other end from Broward. He needed some help.

I hung up the phone and leaned back in my chair and rubbed my eyes. My head had started to throb. My new partner, the Kid, was still pouring over the Hanzman case, looking for a break. We had brought all the candidates for the 3rd DCA seat in, but they lawyered up. Said nothing. You get used to that in my business, where most suspects are Judges or lawyers.

The Kid got up and walked over. “Something new Rock?”

“Yeah, Kid, you could say that.”

“What’s up.”

“Broward caught a big one. They need our help. Turn on Channel 7, the story will be up in a few moments.”

The Kid flipped on the TV and there was a reporter I knew. I had more than a passing acquaintance with certain soft parts of her anatomy. But that was a long time ago it seemed. Or maybe last week. But this was business. The story came on, and there was our new case: A big picture of Chief Judge Dale Ross. Except he wasn’t the chief no more. Someone had seen to that.

We have a saying here in the JI office- “When your job ends, our job begins.”

The Kid looked at me in astonishment. I nodded my head.

“Yup, Kid. Someone took out Ross, and Broward JI called. They need our help. Lets roll.”

We got to Broward and met up with the JI heading up the Ross case. He had a copy of the Sun Sentinel. It wasn’t pretty. The Kid made a face.

“Hang in there Kid” I growled.

The Broward JI laughed. “Whatssmatta Kid, ain’t you never seen a Judge go down before?”

“Its so messy. I never thought Judicial politics could be that bloody.”

The Broward JI and I laughed. “After the first hundred bodies, it gets easier Kid, hang in there.”

We talked for a few minutes, and I went over the notes the Broward boys had collected. They had their theory of the case, but I didn’t like it. No, I didn’t like it one bit.

There were several Judges who were candidates to replace Ross sitting in the other room.

“They talked?” the Kid asked in astonishment.

The Broward JI nodded. “Yeah. It’s different up here. None of that Miranda crap flies in court, so you can hardly expect a Judge to invoke it when they need it.”

“They all got alibis?” I asked.

“Yup.” The Broward guy said. “But someone will crack. Someone planted those stories in the Sun Sentinel and on TV. I’ll catch the bastard.”

I reviewed the case file in silence for 20 minutes. The Broward guys were barking up the wrong tree. I was sure I was right. I walked back to the bullpen area where a few JIs were sitting around.

“All the Judges alibis check out, right?”

“Yeah” said one JI sadly. “We got nothing.”

“ I wouldn’t say that. You got the guy. He’s right under your nose.” I made a gesture to a picture hanging on the wall.

The JIs looked at me like I was crazy. Even the Kid seemed to think I’d flipped out.

“You can’t be serious Rock.”

“Shut up and listen kid, I’ll learn ya somthin.”

The Broward JIs all gathered around.

“You ever see a stiff off himself by cutting his wrists? What ya see is a bunch of attempts first. They make small cuts to see how it hurts before making a big one. Same thing with Ross. Nobody did this to him; he took himself out. The pattern fits. He starts making strange rulings from the bench. He knows he’s got some problem Judges like Seidlin and Korda and Greene and he does nothing about it.
He wanted to go. He took himself out. I seen it a hundred times.

The Hastings Federal Case in the 80’s; The Courtbroom guys in the 90’s, hell I worked the Huttoe case in the 70’s. They all did it to themselves. Ross is no different. He’s human. He got bored, frustrated. Didn’t want to just quit. That was against his nature. So he took himself out and made it look dirty. He called the Sun Sentinel. He was the source on those Channel 7 stories. He needed a break. He needed a way out. Go drag in those reporters, and you’ll see. I’m right. Come on Kid, we still got the Hanzman case to solve.”

We walked out past a dozen stunned Broward JIs.

The Kid and I drove home in silence. It was well past midnight. When you work my job, you get used to the long hours.

I dropped him off at his apartment. It was one of those new ones on Brickell. He didn’t have a few ex-wives to support, but that would come with time. So would the experience to do this job without getting rattled. But today was a tough one for him.

I stopped the car. He opened the door and muttered something and walked off into the hot Miami night.

A few days later we got a call from Broward. One of the reporters cracked under questioning and admitted Ross was his source for a story. After that it all fell into place. Yeah, Ross took himself out. I could solve Broward’s mess, but I still had a monster stalking 3rd DCA candidates in my own backyard, and I didn’t feel one inch closer to solving that case.

A QUESTION

We received this comment/question from a law student. It merits a response from our loyal readers:

Anonymous said...
I need some help. I am a law student and need to know if to get a job as a PD/SA or work at a firm.

Here is the Question: Do PD/SA go there because they have so much money that they can afford to work for peanuts, but get to play with people's lives? Or, is it because they do so poorly in school that those are the only jobs they can get and are stuck making peanuts?

I have a good GPA and attend a top 50 school. I am pretty with little body fat, a six pack and was Phi Beta Kappa in undergrad. Meaning, that I am blessed with looks and smarts. I do not want to waste my opportunity and make an unwise selection. Help! I would love to hear from as many of you as possible.
Thanks Rumpole.

Rumpole responds: Mr. Laeser has often reminded us that experienced lawyers are encouraged to mentor young lawyers/law students.

We are somewhat concerned that the student who posted this did not leave an email address. Sort of like sending a motion without a certificate of service. However, the question is a good one and it merits a response.

Have at it.


FED JUDGE CROSS ABOUT CROSS

While we're on the subject of questions, the Federal Blog (now sponsored by the Daily Business Review!!!) has coverage of the Padilla trial. One attorney had at it with the FBI's translator, questioning closely the witness's ability to understand popular American phrases like "cherry pick". It appears one theme of the defense will be that the FBI selected transcripts to translate, and used an interpreter that did not do an adequate job. Apparently former Dade ASA and current Fed Russell Killinger didn't like the cross- no surprise there. But Judge Cooke voiced her displeasure as well!

We didn't see the "offending cross" but it sounds quite normal to us. It's not like the lawyer accused the witness of being a few french fries short of a happy meal.

Anyway, Judge Cooke has been getting high marks for her handling of this high profile trial. We for one, shall withhold our judgment until we see whether defense lawyers are further "discouraged" from advancing their theme of the case.

See You In Court, and if we haven't said it lately, thanks for reading our humble blog. We recently entered negotiations to be sponsored by one of the hot dog vendors outside the REGJB. As soon as we firm up the deal (just how many hot dogs a week we will get on the arm) we will let you know.

MEMORIAL DAY WEEKEND THOUGHTS

As we spend another holiday weekend in our fair city, there are several random thoughts we thought we might share.

Go over to the Broward Blog.

As the debate rages in Broward County between the Status Quo Brigade of Judges and a few good ol boy lawyers (Motto: "It’s our Court System and we’ll run it however we damn please.") and the upstart Brigade of Brave Broward lawyers, there is a nice reprint of Thomas Payne’s Common Sense pamphlet on the Broward Blog.

Printed anonymously in February 1776, Common Sense serves now to remind us why reasoned anonymous critique is a backbone of American Democracy.

The Broward Judiciary’s “Diversity Committee” immediately responded to the Blog's defense of anonymous critique with a press release stating “anything written about Common Sense has absolutely nothing to do with the Broward Judiciary.”

Rumpole says that what these lawyers have done is nothing short of remarkable. We who labour here in Miami well know the feeling of being “a stranger in a strange land”. Ask any Judge who was a practicing trial lawyer before ascending to the bench, and they will tell you that “going to Broward” is one of the things they miss the least. These Broward Blogging Lawyers have drawn intense media coverage of their Courthouse. (Of course, lets give credit where credit is due. They were ably assisted by a bevy of Judges whose propensity for making outlandish statements from the bench, or getting arrested, was remarkable.)

The Broward Bloggers succeeded in bringing down the Chief Judge, and have opened for discussion with the current judicial leadership topics like why the rate of defendants sentenced to State prison in Broward is the highest in the State by far.

In a very real sense, Blogging is the 21st century American’s answer to the anonymous pamphleteering during the Revolutionary War. It is no surprise that of all the countries on earth, it was the United States that brought forth blogging to the forefront of political action.
Questioning authority by reasoned critiques of those who govern, is in our blood. It makes us proud to be a small part of this legacy of democracy.


HEADLINES:

Switching topics, if you head over to the on-line edition of various newspapers you might randomly view headlines like these:

“Engulfed by Climate Change, Town Seeks Lifeline”

MELTDOWN
The earth beneath much of Alaska is not what it used to be. The permanently frozen subsoil, known as permafrost, upon which Newtok and so many other Native Alaskan villages rest, is melting, yielding to warming air temperatures and a warming ocean. Sea ice that would normally protect coastal villages is forming later in the year, allowing fall storms to pound away at the shoreline.
Erosion has made Newtok an island...

and

White House rejected warnings on Iraq War

WARNED ON IRAQ

U.S. intelligence agencies warned the Bush administration before the invasion of Iraq that ousting Saddam Hussein would create a ''significant risk'' of sectarian strife, encourage al Qaeda attacks and open the way for Iranian interference. ..
Nevertheless, President Bush, then-Defense Secretary Donald Rumsfeld and other top aides decided not to deploy the major occupation that force military planners had recommended, planned to reduce U.S. troops rapidly after the invasion and believed that ousting Saddam would ignite a democratic revolution across the Middle East.

What these two stories have in common is a man from Texas with his head buried in the sand.

Experts told the current administration that global warming was a fact and needed to be addressed. The administration responded with a campaign to terrorize those experts by threatening their jobs if they released their reports.

Experts told the current administration that we did not have enough troops to win the peace in Iraq. They were ridiculed by men (namely the President, Vice President, and their respective staffs) whose youth was marked by a successful determination to avoid military service in the Vietnam war.

Welcome to Vietnam redux.
Created by men whose main qualification to lead a country into war was the ability to look into the camera and tell the American public that because they pray, they can be trusted and know what their doing-- its fourty years later and a new generation of old men are sending young men and women to die half way around the world for a war no one wants.

Hopefully, as an electorate, we will never make that mistake again.

So there you have it.

Good old American common sense and the legacy of Common Sense drives modern day Bloggers North of the Border to take back our courthouse from the oligarchy of Ross and his crowd.

Meanwhile a town in Alaska melts- but don't tell the President it's because of global warming, because his henchmen may well just fire you. No, maybe those Inuit are just praying to the wrong deity.
And more troops die in a war the President was told we could not win -but- as an idiot from Texas once tried to say "fool me once shame on you....fool me twice, shame on me."


There is a lot to think about on any Memorial Day, but this is what is on our Mind this Memorial Day Weekend.

Be safe, and see you in Court Tuesday, and maybe for drinks and Hors De Oeuvres afterwards.

AU REVOIR JUDGE YOUNG

We say “fare thee well” but not goodbye, to Judge David Young, who hangs up the robes this week, and leaves the comfy confines of our Justice Building for the bright lights of Broadway, Hollywood, and Television. We will miss him.

By our calculation, as a Prosecutor, County Court Judge, and Circuit Court Judge, David Young has given close to 25 years of service to the Citizens of Dade County. As much as we will miss him, the people he served will miss him more. Here’s why:

Judge Young’s tenure on the bench was marked by a strong streak of pragmatism. You never had to worry about an unfair result occurring because some poor unfortunate individual got mixed up in something where the law mandated a result that was unfair and unanticipated. Judge Young mixed a strong belief in fairness and common sense with a sharp legal mind. There was never a case, and there was never a day, when we rued appearing before Judge Young.

There are hundreds of stories out there where lawyers have credited Judge Young with stepping in and speaking with or chastising prosecutors who were seeking unreasonable or unfair results just because “the victim wants the max” or some other “head in the sand” reason.

We can’t finish our farewell to Judge Young without mentioning his campaign to make sure sexually active teens were engaging in protected sex. Judge Young was on the bench during the time AIDS ravaged this community. He often spoke of those he knew who died of AIDS. Perhaps many lawyers have thought that Judge Young’s lectures to teenagers who appeared before him were out of line. What we admire so much about Judge Young is that it appeared that he thought all the criticism in the world was worth it if he saved one young person from the early death of AIDS.

With all due respect to the current craze for conservative judges who keep their noses in their strict constructionist law books, we need more people like Judge Young, who saw wrongs, and quite simply, tried to right them.

We wish him well in his new endeavors.

We are happy to publish (with permission) the invitation to his going away soiree:

David’s last day is fast approaching.
Please join us to toast him farewell.
We will gather for Champagne and Hors De Oeuvres at:
La Loggia Ristorante (68 West Flagler Street) on Tuesday, May 29, 2007, 5:00 – 7:00.

ENJOY YOUR HOLIDAY WEEKEND. GET OUT AND HAVE SOME FUN IN THE SUN.

See you in Court Tuesday, and knowing our penchant for free booze, maybe, just maybe, we’ll see you somewhere else.

PS. Today Judge Crist tubed the Court Appointment system. You get what you pay for. Just watch what happens now.

PSS. We put up a permanent link to the Broward Blog. It is to the left, just beneath our favourite federal blogger’s link. The adventure of the defense attorney who was harassed by the Broward Cops after a Broward DMV is a must read.

BREAKING NEWS - SB 1088

THE CAPTAIN REPORTS:

At just after 9:00 pm tonight, Governor Charlie Crist signed into law Senate Bill 1088 effective immediately. The new law changes the way all court appointed counsel cases will be handled in the future. The JAC Court Appointed Counsel system that began on July 1, 2004 is officially history and the new "second public defender's office" will now represent most of the conflict cases when Bennett Brummer's office files a conflict.

Kudos to the FACDL for trying their best to get the governor to veto the bill; (he did actually veto bills on residential tenancies, vessel registration, health care and cosmetology, but 1088 was not one of them).

CAPTAIN OUT .............................