ARTHUR BERGER HAS PASSED AWAY

UPDATE: Mr. Berger's funeral has been moved up and will start Friday at noon. 

Peter Heller sent out this email with the details. 
As Mr. Heller writes, Arthur Berger was a long time appellate attorney who served this community as a prosecutor and Assistant Attorney General. He was a mentor to many young attorneys and a brilliant appellate lawyer. The funeral is tomorrow. 

It is with a heavy heart that announce the passing of Arthur Berger.  Arthur was a dear friend, had a heart of gold and was one of the most brilliant minds I have ever known. He was a former assistant attorney general as well as assistant state attorney in the appellate divisions.  He loved the law and was in his glory when a novel legal issue was brought to his attention. He not only looked forward to such challenge, would dive head first into finding a solution based upon an obscure, yet logical legal theory, and would thrive as well.  He was so helpful to me both personally and professionally on so many levels and will sorely be missed; especially his wonderful, yet quirky sense of humor.   A consummate gentleman, everybody loved him; especially me.

Rest in peace my friend.  It was a honor to have known you and to have worked alongside you.

Arthur Berger’s funeral is scheduled for Friday, February 6th at 12: 30 PM

The location is :

Menorah Gardens

21100  West Griffin Road

Southwest Ranches , Fl. 33332

Their tel. is 954-434-1531

Call Menorah Gardens for directions

COUNTY COURT NOMINEES

In 1932 John "Cactus Jack" Nance Garner was elected the 32nd Vice President of the United States. In March of 1933, before resigning his seat in the house, he became the second man to ever be Speaker of the House and President of the Senate on the same day. 
Garner is famous in history for describing the Vice Presidency as "not being worth a warm buck of ____" the final word being variously described by historians as "piss", "spit" or "shit". 

Now on to news of County Court.  Any resemblance to the above portion of the post and the following is purely coincidental. 

THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A COUNTY COURT JUDGE .......

The JNC was in their own Beast Mode this past weekend, logging two full days of interviews on Saturday and Sunday.  They interviewed a total of 30 applicants for the two open County Court seats of Judge Gladys Perez and Judge Rudy Ruiz.

Here are the names they sent to Governor Scott:

To replace Judge Perez:

Laura Ann Stuzin
Diana Vizcaino
Gina Beovides
Jonathan Meltz
Karl St Hope Brown
Elijah A. Levitt

To replace Judge Ruiz:

Laura Ann Stuzin
Diana Vizcaino
Gina Beovides
Joseph Mansfield
John William Wylie IV
Alexander Spicola Bokor

The Governor has 60 days to choose the two replacements.  If you would like to weigh in on any of the finalists, you can contact Governor Scott's Office of General Counsel at 850.717.9310.

CAPTAIN OUT .......
Captain4Justice@gmail.com

KIERAN FALLON HAS PASSED AWAY

Kieran Fallon, superb lawyer, restauranteur, husband of Criminal Defense Attorney Rae Shearn, passed away today. Many of us knew Kieran was in the fight of his life. 

Bruce Fleisher has sent out tis email with details:

Friends and colleagues, it is with deep sadness that I inform you that our friend and colleague Kieran Fallon passed away early this morning. Rae Shearn, his wife and our friend and colleague, requested that I convey the following  details: 
VIEWING/WAKE Wed Feb 4 @ Stanfill Funeral Home 10545 South Dixie Highway 33156 7-9 PM: 

FUNERAL MASS Thurs Feb 5 @ 11AM Holy Rosary-St. Richard Church 7500 SW 152 St, Palmetto Bay 33157.  

Gathering to follow after funeral mass @ 899 Bella Vista Ave, Gables By The Sea.33156. 

I am certain that many of you will want to pay your respects to Rae & family. Kieran was a fine lawyer, special guy in every sense of the word, and I had the pleasure and honor of working with him for the past 25 years. He will be missed, and I hope to see you at the services. Bruce        

TRIUMPH AND TRAGEDY

It was the best of times.
It was the worst of times.
It was the best of calls.
It was the worst of calls.

For all we dislike about the super bowl, which we wrote about yesterday, there is value in sports. The value is in the simple moments. The moments of truth. When the player confronts their talent, their opponent's talent, when their coach makes the call to put his or her team into position to win. Or lose.

Seattle Seahawks Coach Pete Carroll did both yesterday. As the first half wound down, with his team down by 7, six seconds left, a penalty putting them a dozen yards from a touch down. The safe play was to kick a field goal. Championships are rarely won by the safe play. Carroll called a pass play, his team executed and scored and rode the momentum of that play to a ten point lead by the fourth quarter.

Then the Patriots came back, and then, with an improbable pass reception, the Seahawks and their QB Russell Wilson found themselves down by four, at the one, less than thirty seconds left.

In Basketball, John Havlicek stole the ball. Then a generation later, Bird stole the ball. Jordan made last second jumper after last second jumper, and won six championships.

Mazeroski hit the first bottom of the ninth, game 7 walk-off home run in 1960, and a generation later in the World Series  Kirk Gibson limped to the plate and knocked one out of the park causing Vince Scully to memorably exclaim "I don't believe what I just saw!"

Sports are about those moments of the man or woman confronting their own short comings. The moment of truth when the player emerges and beats the better opponent- or fails and faces  a life time of "what ifs?"
There is no better example of a man confronting his fears than Ali, on the ropes for seven rounds in Kinshasa, Zaire, taking a pounding from the most terrifying opponent in the history of boxing, and then reaching deep inside and throwing the best right hand in boxing history. Ali beat Forman, but in reality, he conquered his fear and allowed himself to win.

Russell Wilson walked to the line of scrimmage as the seconds ticked down. He had timeouts to call if necessary. He had the best short yardage back in the game, and he had the athletic skill to run a yard and win a championship. Pete Carroll or his Offensive coordinator called a pass. The Patriots countered with a goal line defense- their largest players on the line to stop the run- but with a twist- cornerbacks positioned to stop the play-action pass.

Bobby Thompson hit the home-run and "The Giants Win The Pennant. The Giants Win The Pennant."

Wilson called the play and took the snap and stepped back to pass.

Mookie Wilson stood at the plate with two outs and his Mets one out away from losing the series in 1986 to the Red Sox in game six.

Wilson threw an interception when the game was on the line.

WIlson swung and sent a soft roller down the first base line, but improbably Bill Buckener let the ball roll through this legs when the Red Sox were on the verge of their first world championship.

That's why they play the game. And it wasn't a bad game at all.

SUPER ….WASTE OF TIME

The Super Bowl has become a national holiday, morphing into a world-wide event. Good for the NFL, where players beat their families during their days off while recovering from head injuries that will make them drooling, limping morons at an age most men are tuning up their golf and tennis games. 

Here is the dirty legacy of the NFL: Chronic Traumatic Encephalopathy, a degenerative brain disease caused by repetitive brain injury resulting from being battered in the head sixteen weeks a year plus practices.  The recent list of victims:  Chicago Bear Dave Duerson who killed himself in 2011; KC Chiefs Javon Belcher, who killed his girlfriend and then himself last year.  And Junior Seau, who killed himself, and was honored yesterday by election into the NFL Hall of shame Fame.  Seau's price for admission into the HOF: a decade plus of violent hits that destroyed his brain and drove him to suicide. But, he has a bronze statute to glorify all those hits. He just won't see the ages of 50, 60, 70, and even if he didn't kill himself, his brain was wrecked. 

Do you get the impression that we are (mostly) done with football? 

A good football game is a fun thing to watch. A good football team going on a run to the super bowl can create a life time of memories for fans.  But this madness has gone too far, and we've had enough. 

Sorry to rain on your parade on this nearly religious day of national pride and celebration. 

There's a 20 kilometer  moderate mountain bike route in Moab, Utah, that we will be riding today while the nation gathers to worship at the NFL's trough. There's more to life than eating chicken wings and  drinking beer and watching ignorant athletes bash each other senseless.  We prefer the memory of cresting the hill of a long bike climb, to a Seahawks pick six. But that's just us. 

For those of you watching the game:

There has been a safety in the last three games. We think the trend will end today, so we wouldn't take the 6-1 odds. Although it would serve the world right if the game ended 4-2. 

Tom Brady scoring (meaning running the ball in or catching a TD pass) the first touchdown at 35-1 is a nice play. 


The Seahawks are -1. Take them. 

The over/under is 48.5, although we got a point less in Vegas earlier this week. We took the over and then parlayed it with the Seahawks to win. We will post a picture of the winning ticket later. 

Over 3 1/2 FGs- take the over. 4fgs wins, 3 or less lose. 

We like the pick-6 prop bet as well. Fact: team with a pick six in a super bowl is 12-0. So if, as we hope, Richard Sherman takes one of cheater-Brady's deflated balls to the house for six, good-bye Patriots. 

In A Superbowl, we will always pick the team with the better Defense. Bears, Ravens, Steelers, Giants, etc. It's why the evil genius and his cheating QB are riding an unenviable two game losing streak in the big game.  

The Seahawks are a well rounded team. Great Defense, a beast of a running game, a QB who can go deep while in the pocket or scramble for a first down and more. These are the types of teams that win two super bowls in a row- Cowboys of the early 1990s, Broncos of the later 1990s, the 49'ers in the 80s and the Steelers in the 70s- twice. 

There will be a point during the game today when we will get off our bike and sit in majestic silence, surrounded by desert and red dusty sandstone on Slickrock trail, and we will eat a sandwich (gluten free bread these days)  and drink some coconut water, and pull out a well worn copy of King Lear, and just rest and eat and read: 

Talk of court news; and we'll talk with them too,
Who loses and who wins; who's in, who's out;
And take upon 's the mystery of things,

The last thing on our mind will be some senseless game. 

But we will want to know if our one, lock-solid bet paid off: 

Coin flip: Heads. 

See you in court when we come back. 

MIRANDA IN ACTION AND PROOF OF GLOBAL WARMING

We all know the warnings. 
You have the right to remain silent….. You have the right to an attorney, and if you cannot afford one, one will be provided to you, ….Once we are finished speaking with you and getting you to incriminate yourself, because we really don't respect or protect the constitution, we just figure out ways to work around it. 

The below video shows what happens when the right to counsel is invoked before the police finish with a suspect.  An 18 year veteran of the San Francisco Public Defenders Office refuses to back down, and gets arrested. 








Miami is different then San Fran. In Miami, the person taking the video with the I phone would have, tragically, been jumped and beaten senseless by unknown individuals as the police were looking the other way for a moment. We speak with authority on this because we once represented the owner of a video camera who filmed an arrest. They went to trial several months after leaving the hospital. We had the video as members of the crowd were able to get it away from the police. This was circa 1995. It was a quick NG. 


PROOF OF GOLBAL WARMING. 
It's cool in South Florida now, but we sense a warming trend:




See you in court. Enjoy the beautiful winter weekend. 

IT NEVER ENDS

The cycle of CLE, trials, and Bench and Bar Mixers continues with another "come meet the judges y'all"  shing-ding at Pride and Joy, which is not a half-bad BBQ joint on Thursday, after work (or several hours after work for certain members of the judiciary)  Details below. 

EAT, DRINK, GET CLE AND NOW…PARK

TGK PARKING WOES UPDATE BELOW.

You Know it. 
You Love it. 
You can't live without it. 

The REGJB Lunch & Learn is back for 2015! 

This week's topic is especially enlightening, because no matter where we go, and regardless of with whom we speak, we are always asked about one of the topics to be covered. 

For example: 

A meeting in Tallahassee with some prominent individuals about a pending federal investigation:

Rumpole: "…so the Feds are like a big container ship. Even when they turn the wheel it takes some time before the ship responds. I know it's been three and a half years, but they still have eighteen-months on the statute of limitations and I don't expect any action until the end of the year. 

Client: "Listen, before I forget, my wife got one of those red light camera tickets in Miami. Weren't they declared unconstitutional?"






UPDATE:
Apparently you can't park at TGK. Who knew? Who would want to? 
Apparently lawyers and doctors can't find parking, and since they moved the mentally ill to TGK,  (insert your random joke about the judiciary here) doctor/experts have been circling the parking lot in frustration, with nary a parking spot to be found. 
Can a valet service be far off? 

Here is Judge Sayfie's letter to the jail director. Note the cautious criticism, and the excessive courtesy, praising the director for having his finger on the pulse of the problem. You don't get to be a chief without knowing how to take care of the indians. 

ELECTION CENTRAL: WHO'S RUNNING FOR JUDGE IN 2016

THE CAPTAIN REPORTS:

BREAKING NEWS ....NEW CANDIDATE FILING TODAY ......

MONA LISA VITO ...........................

More than once we have been referred to as the Mona Lisa Vito of reporters, when it comes to the reporting of judicial elections in Miami-Dade County.  And, following our reporting on the filing of Judge David Young last week, we received several emails requesting the lineup of who's up in 2016 for reelection.

Without further adieu, here is the list of Judges, both Circuit and County Court, whose terms expire in 2016.

CIRCUIT COURT

32 Areces, Barbara

28 Bailey, Jennifer D.

10 Bernstein, Scott M.

34 Freeman, Gill Sherryl

52 Genden, Michael A.

62 Gordo, Monica

41 Hirsch, Milton

76 Eig, Spencer*** 

66 Luck, Robert

30 Rodriguez, Rosa I.

39 Rodriguez-Chomat, Jorge

45 Ruiz-Cohen, Samantha

74 Sarduy, George Alexander

59 Sayfie, Nushin Ghofrany

03 Schlesinger, John C.

12 Soto, Bertila A.

40 Thomas, William L.

20 Thornton, Jr., John W.

COUNTY COURT

11 Gonzalez-Paulson, Michaelle

35 Graham, Wendell Mitchell

23 Kelly, Carroll J.

07 Newman, Edward

15 Rubenstein, Judith

05 Seraphin, Fred

There are 18 Circuit Court Judges whose terms expire at the end of 2016.  At least two of them will have hit mandatory retirement based on their age: Judge Genden and Judge Rodriguez-Chomat.

On Friday, January 16, 2015, former Judge David Young filed to run in Group 39, Rodriguez'-Chomat's group. Coincidentally, on the same day, attorney Oscar Rodriguez-Fonts also filed to run in that group.  You may remember that Rodriguez-Fonts ran unsuccessfully in the most recent election cycle against Judge Martin Zilber.  Zilber beat Rodriguez- Fonts by only 2,316 votes out of nearly 152,000 cast; (50.8%-49.2%).

That begs the question: why didn't one of those two candidates file in Group 52, Genden's seat?  My guess would be that Genden has decided not to complete his term and we can expect that he will resign his seat sometime in the next year or so.

BREAKING .................

In the time it took to author this post, attorney Carol "Jodie" Breece has filed to run for Circuit Court Judge, in Group 52.  I would hope that Ms. Breece had a sit down with Judge Genden before filing to learn whether Genden intends to serve out his term.  If he were to resign early, Governor Scott would appoint the replacement and Breece would be forced to find a new Group if she wants to run in 2016.

You may recall that Ms. Breece filed in 2014 to run for County Court Judge against Incumbent Judge Ana Maria Pando and challenger Diana Gonzalez.  Ultimately, Breece withdrew her candidacy before the qualifying deadline.  She told me back then that she would definitely be running in 2016.  Looks like she kept her word.  Good luck Jodie.

***Judge Spencer Eig needs a new Campaign Treasurer.  Albert Corrada currently holds that honor.  Judge Eig ran unopposed for reelection in 2014 in Group 76.  The Division of Elections though was more concerned that Eig, more than once, filed late Campaign Treasurer's Reports.  On November 19, 2013, Eig was fined $525 for a late filing.  Again, on August 11, 2014, he was fined $400, for another late filing.

Now, if that wasn't poor enough record keeping for Eig and Corrada, for some reason, on August 26, 2014, Eig and Corrada filed papers with the Division of Elections indicating that Eig planned to run for Judge in 2016, again, in Group 76. At least that is what the Division of Elections is currently reporting.  We'll keep you updated on this.  ****We received an email from Mr. Corrada.  He has indicated that the paperwork filed on August 26, 2014 was meant for Judge Eig's reelection campaign in 2020.  Because the Division of Elections has not even opened a web page for that election cycle, they are reporting it as if Judge Eig is running in 2016.****

There are also 6 incumbent judges in County Court whose terms expire in 2016.

Of course, all of this is subject to change; judges getting elevated, retiring, etc.

Qualifying for the election is 15 months away and ends on May 6, 2016.  The election itself is 19 months from now and will take place on Tuesday, August 30, 2016.


CAPTAIN OUT ..................
Captain4Justice@gmail.com
 

BETTER CALL SAUL

When a federal judge previously quotes Gandhi  and warns you that "an eye for eye will only make the whole world blind"…..BETTER CALL SAUL!

When the Federal Judge writes that the internal feud between clients "blinded its counsel Bernardo Roman from adhering to the ethical tenets of our profession.. " in a motion for sanctions….BETTER CALL SAUL!

When the federal judges summarizes a hearing by writing that there "was no evidence or patently frivolous evidence" to support the Plaintiff's contentions….BETTER CALL SAUL!

When the federal judge dismisses your alleged good faith efforts with the zinger "you cannot make A silk purse out of a sow's ear"…BETTER CALL SAUL!!

When the federal judge begins the "Conclusion" section of the order with the oft repeated phrase "a man who represents himself has a fool for a client"…BETTER CALL SAUL!

And finally, when the court awards over a million dollars in fees to your adversaries and refers you to the Florida Bar, well, YOU BETTER CALL SAUL.

Thus ends(?) the sad, strange, twisting saga of the Lewis/Tein law firm's representation of the Miccosukee tribe, and their ultimate vindication by the efforts of their counsel Paul Calli and his firm of Carlton Fields Jorden Burt.





The order sanctioning their opposing counsel who brought this mess upon himself is here.

OF PLEAS AND PLANES AND PILOTS.

Let's see… in no particular order of importance….

Today is NFL Championship Sunday. Four teams will vie for the right to go to the Super Bowl which has become a holiday of almost religious reverence in the United States. It's just a football game. 

The oceans are collapsing at an alarming rate and ocean life is approaching a point of collapse from which there is no return. The NY Times has the article here. 

And David Young is running for Judge. 

The announcement of Mr. Young's candidacy drew a multitude of comments in the last post. But it's our blog so we get the last word. (Although actually Mr. Young would have the last word should he care to write in.). 

First as to the Airline Pilots trial several years back. The pilots were charged with attempting to take command of a commercial airline filled with passengers while they were intoxicated from a night of drinking. It is an absolute rule of flying taught on the first day of flight school: "Twenty-four hours from bottle to throttle" and the pilots charged with a violating that rule were about twenty hours short of compliance. 

It has been alleged that Mr. Young in his capacity as a Judge rejected plea offers in the case because he wanted to try the case and use the publicity and notoriety of the televised trial for his own personal aggrandizement. It is not disputed that after the conclusion of the trial that Mr. Young was offered- and accepted- a job as a "television judge" ala "The People's Court" (also headed by a former Dade County Judge- the Honorable Marilyn Milian.). 

To accuse Mr. Young of turning down the pleas because of his desire to land a job on television, is akin to accusing Barak Obama's mother of faking the place of her son's birth because she knew that someday he was destined to be President of the United States. A far-fetched accusation, but one in which small-minded people are apt to believe. The same goes with Judge Young, and the logic is just as tenuous.  

Judges accept pleas all day long to a familiar litany of crimes- possession, robbery, assault, battery, DUI. But as we enter our third decade labouring in the hallowed halls of the REGJB, this is the first case we can recall with these type of charges. At times DUI practitioners would see a private pilot charged with flying while impaired, but we have never seen commercial pilots charged with such a crime. The magnitude of a disaster that could have come about if the pilot's impairment caused error which resulted in a crash is almost unimaginable. Besides the unfortunate souls on the aircraft,  Miami is a crowded urban center. The plane could have crashed into a school, or hospital, or the Turkey Point Nuclear Power Plant or even the Dade State Attorneys Office!!!  

If in the course of a career a judge rejects a plea or two, this is one of those cases ripe for such action. We see no nefarious plans behind Judge Young's actions. He had the authority, indeed the duty, to accept only a plea that he deemed acceptable in light of the nature of the crime. 

In all other aspects we welcome Mr. Young's return to the bench.  The qualities we seek in a judge are foremost the courage to do the right thing. Time and time again Judge Young spoke out for defendants he saw being mistreated. Defense attorneys applauded him for this, rightfully so. Shame on us for turning on Judge Young for his courage to reject a plea in a case where he thought the crime merited a more serious punishment. We should not criticize philosophical consistency; we should applaud the courage it takes to make a decision consistent with one's belief in the face of the  criticism of the vox populi. 

Seattle over Green Bay by ten, although we are rooting for the Packers. The Colts stun the Cheaters 34-31 when Luck leads his team on a last minute drive and game winning field goal. 

Enjoy the long weekend. No court Monday. 

CAUSE IT'S ALL ABOUT THAT BASS, NO TREBLE .....

THE CAPTAIN REPORTS:

BREAKING NEWS on JUDGE DAVID YOUNG (read below) .....

A SCENE FROM A COURTROOM INSIDE THE MJB, CIRCA 1990*** ......

JUDGE LNU: Clerk, call the next case.
CLERK: State v. James Williams
DEFENSE ATTORNEY: Good morning, your honor.  The Captain, appearing on behalf of Mr. Williams.
JUDGE: Mr. Captain, good to see you.  Can you please approach the bench.
CAPTAIN: Of course, your honor.
JUDGE: Mr. Captain, you know I am running for re-election, don't you?
CAPTAIN: Yes, your honor.
JUDGE: Please take this envelope, (slipping the Captain an envelope); I noticed that you had not given to my campaign yet.
CAPTAIN: No problem, your honor.  Of course I will be donating to your re-election campaign.

***This actually happened to me while appearing in Circuit Criminal many years ago.  The Judge, who has since passed away, was a well liked judge and was thought by most, on both sides of the isle, to be a very fair judge.  But, to be clear, what s/he did was not legal under any of the judicial campaign laws at the time.

***And we all know that, when running for Judge, that it's all about that bass ($$$), and lots of it, that makes a campaign go; a treble (thin) bank account is a quick ticket back into private practice.

On January 20, 2015, SCOTUS will hear the case of LANELL WILLIAMS-YULEE, PETITIONER, V. THE FLORIDA BAR, RESPONDENT.  The Daily Business Review covers the story here.

The case comes directly from the Florida Supreme Court and you can read that court's opinion here.

The Florida Supreme Court's opinion starts out this way:

"We have for review a referee’s report recommending that the Respondent, Lanell Williams-Yulee, be found guilty of professional misconduct. The referee recommended that the Respondent receive a public reprimand as a sanction. We have jurisdiction. See art. V, § 15, Fla. Const.

For the reasons explained below, we approve the referee’s findings of fact and recommendation that the Respondent be found guilty of violating Rule Regulating the Florida Bar 4-8.2(b) (Judicial and Legal Officials, Candidates for Judicial Office; Code of Judicial Conduct Applies) for personally soliciting campaign contributions in violation of Canon 7C(1) of the Florida Code of Judicial Conduct. We therefore reject the Respondent’s constitutional challenge to the ban imposed by Canon 7C(1) on a judicial candidate’s personal solicitation of campaign contributions, and hold that the Canon is constitutional because it promotes the State’s compelling interests in preserving the integrity of the judiciary and maintaining the public’s confidence in an impartial judiciary, and that it is narrowly tailored to effectuate those interests.

.......

We approve the referee’s recommended sanction of a public reprimand."

In September of 2009, attorney Lanell Williams-Yulee decided she would become a candidate for County Court Judge in Tampa.  One of her first acts as a candidate was to sign a campaign fundraising letter where she personally solicited campaign contributions.

The Campaign:

Judge Dick Greco, Jr was elected to the County Court bench in 1990 and reelected in 1996,  He left the bench and returned to private practice in 2002.  In 2009, Governor Charlie Crist appointed Greco to an open seat on the County Court bench.  He ran for "reelection" in 2010.  Ms. Williams-Yulee filed to challenge incumbent Judge Greco.  In the primary, Judge Greco garnered 80% of the vote, defeating Williams-Yulee.

The Bar:

The Florida Bar investigated the charges against Williams-Yulee, which included misconduct and minor misconduct, violations of the Code of Judicial Conduct, violations of the Rules of Professional Conduct, and violations of supervisory responsibilities.

The relevant part of the referee's findings, as they relate to the case before SCOTUS, is the finding of guilt by Williams-Yulee of directly soliciting for campaign contributions.

SCOTUS:

The Bar has retained heavy hitter Greenberg Traurig partner Barry Richard (he of Bush v Gore) to represent the interests of The Respondent.

The Petitioner, Williams-Yulee, is challenging on First Amendment grounds, Canon 7C(1) of the Florida Code of Judicial Conduct, which bars judicial candidates from soliciting campaign contributions.

Amicus briefs were filed this week by some of the most respected attorneys in the State, on behalf of the Bar, including Major B. Harding, Harry Lee Anstead and Stephen Grimes, all former chief justices of the Florida Supreme Court; along with four others who are past presidents of the Florida Bar.

The Bar's amicus supporters believe that Canon 7C(1) "strikes a proper balance between a judicial candidate's right to free speech and the right of future litigants to due process, while placing a minimal burden on the former." (At least 33 other states have a judicial Canon similar to Florida's).

Let's face it, even though judges are not supposed to ask us directly for money, who's kidding who here.  Every candidate, and Judge, running for reelection, knows who gave to their campaign and who gave to their opponent.  It's online, it's public record.  So, what's the big deal if we eliminate the middle man and just let the candidate/judge do the asking? 

What do you think?


BREAKING NEWS ........

JUDGE DAVID YOUNG, is running for Judge, again:

Judge David Young, who served on the County and Circuit Court bench from 1993-2007, and then became a TV Judge (2007-2009), has most recently been mediating and serving our community on several boards.  He announced today that he has entered the race for Circuit Court Judge in Group 39.  That seat is currently held by Judge Rodriguez Chomat.  Chomat is retiring (aged out) and therefore cannot seek reelection.  Qualifying for the seat ends on May 6th of 2016 and the election will take place on August 30th.


CAPTAIN OUT .......
Captain4Justice@gmail.com

BANNED

Welcome to the REGJB Justice Building Blog- Banned in both North Korea and The Dade County State Attorneys Office. Quite a perfecta. 

Jus Sui Charlie.

The following email has been edited for blog space requirements:

Dear Colleague:

A number of us have been sharing recollections of our appearances before Judge Hoeveler and our encounters with him over the years. It became clear to us that such stories from the members of our legal community "could fill a book," and so, with the cooperation of Judge Hoeveler's staff, that is precisely what we would like to do...

... St. Thomas University School of Law will be hosting an event to honor Judge Hoeveler and to announce that its Law Library has been selected as the repository for his trial notebooks, correspondence, and other judicial memorabilia. We are pleased to announce that St. Thomas has agreed to publish this book and to present it to Judge Hoeveler at that ceremony.  (It is intended to be a surprise to the Judge.)...

We hope to include in this book stories about Judge Hoeveler, both from the time when he was practicing as a lawyer and during his 37 years of service on the bench. We are not looking for tributes or general praise, but rather anecdotes and "war stories" which by their narratives, and not by their adjectives, will say something about the kind of lawyer, jurist and person he is. These stories may be serious or funny, they may relate to personal encounters or things which took place in the courtroom during routine or more significant matters. Whether submissions emphasize his grace, patience, diligence, kindness or sense of humor, we believe that the collection as a whole will say something important about him and we hope that it will be a fitting tribute to his legendary career as a lawyer and trial judge.

Your submission should be double-spaced in Word, in Courier New, 12 point, and preferably no longer than a single page. Please identify yourself by name and affiliation, and give context for your submission. Please send it to: HOEVELERSTORIES AT GMAIL. COM 

Please send your submission no later than January 20, 2015. Unlike Judge Hoeveler, we will not be liberal in granting extensions, although for a good excuse and a good submission exceptions will be made... 

William C. Turnoff

United States Magistrate Judge

GREG PREBISH HAS PASSED AWAY

Greg Prebish, a former Miami Criminal Defense attorney who relocated his family to Jackson Hole, Wyoming, where he worked as a lawyer and a host for the mountain ski resort, passed away suddenly over the weekend from septic shock as a complication from a minor knee surgery. 

Greg is the son of famed Miami Criminal Defense Attorney Harry Prebish, who co-founded the Miami Chapter of the Florida Association of Criminal Defense Attorneys. 

Greg was a great lawyer. Beloved and respected by his colleagues from both sides of the courtroom and the Judges who presided over his cases. 

Greg was a fixture on the FACDL ski trips, and at some point he decided the mountain life was for him, so he very bravely gave up his practice here and went to Wyoming, where he was able to live the life he always wanted to live. So many of us dream of doing something like this, but so few of us actually do it. Greg passed away way way too early, but at least he was living life on his own terms. Good for him. 

There is a GoFundMe page to help Kim-Greg's wife, with the unexpected funeral and travel expenses. It would be really a great gesture if Greg and Kim's Miami friends pitched in. 

Here is the local paper's obituary. 

From the obituary: 

In the wake of his death multiple organizations and people in the valley remembered him as a dedicated volunteer, a caring man, a conscientious professional and a good friend.

“He was very involved in this community, and he cared a lot about his clients and his friends,” lawyer and Jackson Municipal Judge Melissa Owens said. “I think that’s the word you’re going to hear again and again, is how caring he was.”

Owens, also one of the leaders in the Teton County chapter of the Wyoming Bar Association, knew Prebish both as a fellow lawyer and as one of the men she could count on when she needed volunteers for bar association events.

“It’s not always easy to find people who can or will make time to be a part of those things,” she said, “but he was involved with things like the bar holiday party every year since I became involved myself. He was always willing to help.”

Nonprofits such as the Teton Access to Justice Center and the Community Safety Network remember Prebish as a man who was dedicated to getting justice for the people the organizations served and always willing to help.

Prebish spent at least one evening each week serving as the on-call attorney for the Access to Justice Center, where he offered his services free of charge to the center’s clients, both in representing them when necessary and in providing guidance in filling out legal forms. The center serves Teton County residents who are in need of legal assistance but who cannot afford the help they need...

#CASTRODEAD?

Rumors are rampant that Fidel Castro has assumed room temperature. 

Dead or alive?

You know this is a big story when the Mega-Miami-Media-superstar-reporters like David Ovalle and Brian Andrews are being hustled to La Caretta and Versailles to closely monitor the situation. 

Here's what we know:

Lines are forming outside Home Depot to buy plywood. Ditto Publix for water. 
There's been a run on tres leches and  picadillo and maduros. The situation is fluid and it is unknown at this time if we will be having dinner and dessert. 

Mitt Romney is running for President in 2016. Really. It has nothing to do with Castro, but it's cool. Our generation's Harold Stassen. 

So here's what we suggest. Have a glass of rum and then a shot from a collada and watch Godfather II. Whatever will be will be. 

HR. 

JUDGE MORTON PERRY HAS PASSED AWAY

UPDATE: PLEASE BE ADVISED THAT ALL FUNERAL SERVICES FOR JUDGE PERRY ARE PRIVATE AS PER THE REQUEST OF THE FAMILY

Judge Morton Perry May 15, 1924-Janaury 5, 2015. 

Back when the County Court Criminal Bench was almost exclusively white (Calvin Mapp being the only exception we can recall during this time period) and male and non-latin and there were separate divisions for crimes and traffic (lets see, Gerry Klein, Alfred Nesbit, Arthur Winton, Morton Perry in the crimes division)  Judge Morton Perry was the epitome of what one would expect a judge to look like and be. He had a distinguished look about him. He was kind and calm and when we first walked into his courtroom as a young lawyer, he just looked like what Hollywood would cast as a Judge. 

But he was also a fair judge, patient with the multitudes of unrepresented defendants who appeared before him along with the brand new prosecutors and PDs, many of whom knew less about the law than some of the "regulars" who appeared often in county court. 

We once saw Judge Perry handle a solicitation of prostitution case and he recognized the defendant: "Sir, weren't you in my courtroom last week on the same charge?"
Defendant: "Yes Judge, that was me."
Judge Perry: "What do you have to say for yourself?"
Defendant: "I don't know judge, I guess I fall in love quickly." 

It took several minutes for Judge Perry and the rest of the courtroom to stop laughing. 

We remember Judge Morton Perry as a good and kind man and a fair judge who tried his best. He was a credit to the bench in Dade County and he served this community well. 

THE MORE THINGS CHANGE...

We received this comment and removed the attorney's name and decided to post this on the blog as a post. 

Of course it's unethical. Attorneys cannot solicit business in this matter.  Plus it violates the code of the shark to work for reduced rates.  Of course, as thousands of defendants serving lengthy prison sentences can attest to, you get what you pay for. 

Dear Rumpole,

I am curious as to whether you will post this question and, more importantly, your opinion on the practice.

I have had several clients over the past year or so tell me that XYZ ESQ has been sending his associates unsolicited to visit clients in the jails to get hired. Most of these inmates are represented by the PD's office and are handed a stack of  XYZ ESQ business cards to pass around to other inmates. The clients tell me that  XYZ ESQ offers to represent inmates for very reduced rates if they recruit other clients for his firm. He asks them for a list of all PD clients in their cell and then they go and visit them to do the same thing. Many of my clients (more than five) have independently told me this over the past year and have been recruited by these inmates. And one of my clients was actually visited by one of his associates recently and asked to switch firms.

Do you think it is legal/ethical to send associates unsolicited to the jails to attempt to get PD clients to hire him?

Wednesday, January 07, 2015 4:19:00 PM

Don't attempt to leave a comment with the attorney's name. We believe the comment to be true, but we won't print the name without attribution from clients and then giving the attorney a chance to respond.  If you leave a comment with an attorney's name, it will NOT be published, so don't waste your time and ours. 

SO, YOU WANT TO BE A COUNTY COURT JUDGE

THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A COUNTY COURT JUDGE .....

As a result of the resignation of Judge Gladys Perez, there is a vacancy on the County Court.  The following 26 attorneys have applied to the 11th Circuit's Judicial Nominating Commission for consideration:

Julio M. Gomez
 *Laura Ann Stuzin
Adriana Collado-Hudak
Elijah A. Levitt
Thomas Aquinas Cobitz
Erik M. Vieira
Bruce S. Reich
Gina Beovides
Christopher A. Green
Carlos L. Fernandez
Ansley B. Peacock
Steven Lieberman
*Diana Vizcaino
Scott M. Janowitz
Gordon Charles Murray
David Alschuler
Karl S.H. Brown
Griska Mena Rodriguez
Luis Perez Medina
Sandra J. Millor
Jonathan Meltz
Peter S. Heller
Julie Harris Terry
Isadora Velazquez-Rivas
Lody Jean
Leonard Leigh Elias

The JNC will now review their applications and decide how many of the 26 to interview in person.

*Ms. Stuzin and Ms. Vizcaino were both recently nominated by the 11th JNC to the two open Circuit Court seats (Gayles & Bloom); those seats were eventually filled by Jason Bloch & Rodolfo "Rudy" Ruiz.

If you would like to provide your input to any of the JNC members about any of these attorneys, you can find the JNC members' names and contact information here.

I LOVE MY LAW LICENSE .................

And in case you missed yesterday's post by Rumpole, read it again. "Protect Yourself".  And if you need further support for this mantra, just take a look at the latest Florida Supreme Court's disciplinary opinions published on December 31, 2014.  The Court disciplined no less than 22 attorneys in their latest Orders of Discipline and at least eight of those lawyers suffered the harshest of penalties; disbarment or revocation of their license.  You can read all about it here.

Happy New Year to all our loyal blog readers.  Looking forward to another great year of blogging in 2015.

CAPTAIN OUT .....
Captain4Justice@gmail.com

F. LEE. BAILEY

We can think of no better way to start off the 2015 blogging season than to refer you post-haste, to Roy Black's blog and his coda to F. Lee Bailey. 

Go here, now, and read, and learn. 

Lee Bailey's life reads like a Shakespearean tragedy, with a sad ending of disbarment, the roots of which were planted in one of his greatest achievements- the cross of detective Mark Furman in the OJ Simpson trial.  Roy Black wrote that at the time he didn't think Bailey had done much damage during the cross. But in a rare instance of your humble blogger seeing more than the Jedi-Master of Cross-examination, we immediately  saw what Bailey had done. The greatness of the cross was that Furman was finished, only he and the prosecution didn't know it yet. Like a ninja, Bailey had slipped in the knife without anyone knowing it.  And the lesson there was, as Roy Black wrote: "A great cross reverberates across the entire scope of the evidence and takes on a life of its own." Indeed. 

For us, constant worriers about the fate of the world, the ending of Bailey's career re-enforces a belief (nee fear)  we have had for sometime- the legal careers of old criminal defense attorneys often end badly.  Maybe it's because the vast sums lawyers occasionally collect cause them to forget the hard times, and they fail to save. 
As equally as likely is the superman complex- we walk into the belly of beast and save the damned. The rules don't apply to us. 

Or so we think. 

Until we make that one fatal mistake. We ignore that nagging pain until a health care disaster strikes us down.  We spend like the cases and clients will never stop. 
Or as Roy Black wrote about Bailey's downfall : "The man who protected everyone didn't protect himself."

Stop. You. Reading this. Stop. The texts and emails will wait. 
Read that again. "The man who protected everyone didn't protect himself." 

If it can happen to one of the greatest criminal defense attorneys of  the last sixty years, it can happen to you. 

Protect yourself. 
Rumpole's first admonition for 2015. 

See You In Court. 

WHY THIS BLOG?

Why we blog:

On November 9, 2011 we did a blog post on the passing in May, 2011, of REGJB Legend Judge Phil Knight here. 

Early Saturday morning, more than four years later, we received this comment:

CHESSMAN said...

I was once a neighbor of the honorable Judge Knight back in 1991-1993. He was a remarkable man. His wife, Mrs. Knight was a sweetheart. He obviously left an impression on me as a youngster since I randomly decided to google him and found this blog. Rest in peace Judge Knight. Peace and blessings to your surviving love ones.

Saturday, January 03, 2015 3:31:00 AM 

This is why we blog.

The law, for better or worse, has now been our occupation, vocation, and avocation for half our life (plus or minus a year or two). And we have practiced law mostly in the REGJB (plus or minus a trip to Broweird or the federal courts around the country- one of our favourite cases being a three week trial in DC several years ago.)

The REGJB has been a building that has held the judges and juries and lawyers that have decided the fates of Miamians for over a half a century. The people who have worked in our building have defined Miami (Richard E Gerstein) and shaped this country (Janet Reno). From clerks and bailiffs and corrections officers to brilliant Judges (Phil Knight, Ed Cowart), to uniquely Miami characters- Sy Gaer, Ellen Morphonios, their stories needed to be told, their work needed to be remembered, their lives needed- in some small way-to be honored. 

That's what we try to do here. 

Time marches on, and the next generation replaces the last. We have new judges and lawyers marching (confidently or trepidatiously) into the REGJB in 2015, and they will affect the lives of  Miamians who come to the courthouse as defendants and victims and witnesses.  Some will do great things; some will fail miserably. 

All are working under the shade of trees, grown from acorns planted by those who came before them.  Some of those were giants in their fields. Many were mediocre, most tried to do their best; all sought that most amorphous and shadowy of highest ideals: JUSTICE.  It was, after all, first called the "Justice Building" 

For better or worse, here comes 2015. It all starts Monday. 

*See You In Court.

*Figuratively speaking. Our first rule of trials is to never ever let a case be set for trial the first week of January. Too many judges and prosectors return with new year's resolutions of trying more cases and getting tougher at sentencing dancing in their egg-nog -hung-over-minds.  Some of the worst injustices that we have ever seen have occurred during this first week or two.  Long time, and careful readers know our inviolate rule by now.