WELCOME

My religion consists of a humble admiration of the illimitable superior spirit who reveals himself in the slight details we are able to perceive with our frail and feeble mind.
Albert Einstein



My religion can be found in asking just the right question,
at just the right time,
Illuminating the truth which the witness did not want to be found.
Rumpole of Miami.


(It was either that, or an essay on the virtues of that third glass of wine).

BLOG PARTY

TOBACCO ROAD.

TODAY. TONIGHT. (Tomorrow for the heartiest of the bunch).

BE THERE OR BE SQUARE.


As we start our Labour Day festivities, Rumpole wishes a very hearty
WELCOME to the new group of Prosecutors and Public Defenders.

It seems just yesterday that we were a fresh faced eager young lawyer, with two suits to our name, ready to change the world. In those twenty some odd years, we have met our best friends, changed some lives for the better, saved some people from themselves, and generally used our talents to the best of our ability. The REGJB is not a bad place to spend five or ten years doing some good.

To the New ASA’s, we can offer nothing more important then the words that Janet Reno used to tell all her new prosecutors: the very highest calling of a prosecutor is to protect the innocent.

To the New PD’s, you will quickly learn the feeling of being the only person in the world, not to mention the courtroom, who does not hate your client. There is a huge difference in believing your client and effectively defending your client. A good lawyer rarely does the former, but always does the latter.

Good luck to both groups, and welcome.

Who is Rumpole? We’re the one’s grumbling to ourselves in the courtroom about the new lawyers.

TO CLOSE THE COURTS OR NOT? THAT IS THE QUESTION.

"In every work of genius we recognize our own rejected thoughts;
they come back to us with a certain alienated majesty."
Ralph Waldo Emerson.


Monday August 28, 2006. Dade County Office of the Chief Judge (CJ).

Dramatis personae:
Chief Judge (CJ)
Assistant: Asst
National Weather Service.
Various Judges, as themselves.


Asst (on the phone): “But he just had a talk with him. Again? No bathroom breaks? OK. I’ll tell him.” (Hangs up phone). “Chief, a clerk just called from criminal court, seems another court reporter was not allowed to use the bathroom before the end of the arraignment calendar.

CJ: “Well how long could that take?”

Asst: “They say it was past 3:00 pm. Should I get Judge …..”

CJ: (cutting off assistant) “Not now. Call him later. He should be done with calendar by 7pm. I got other problems.”

CJ: (Looking at computer and talking to himself): “Yesterday the National Weather service had the hurricane going to New Orleans. Last Night it was Tampa, and Today its Miami. What do I do? What…do…..I do….hmmm"

(begins to pace back and forth slowly, hands clasped behind his back).

To close the courts,
Or not.
That is the question!

Asst: “You said it chief!”

CJ: “shhsh. I’m on a roll."
(starts pacing again)

Whether 'tis nobler in the mind to suffer
The slings and arrows of outrageous fortune
(stops pacing)
Not to mention sarcastic comments from lawyers
And that stupid blog.

Hmmm.
(starts pacing)
Or to take arms against a sea of troubles
And by opposing end them.

(A Judge pokes their head into the office of the Chief Judge)

Judge: “Hey are we closing this week? My Canasta club just canceled their game tomorrow night.”

Asst. “Shhssh. The chief is thinking.”

CJ:

The insolence of office….
Why did I take this job?

To grunt and sweat under a weary life
Of banging gavels during discovery’s strife,

Thus conscience does make cowards of us all,
And thus the native hue of wind speeds and rain
Gives me now a great big pain.

OK. Courts are closed!

Asst. "But Chief, what about “Neither rain nor sleet, nor gloom of night shall stay these couriers from the swift completion of their rounds” ?

CJ: “Hey. That was pretty good.”

Asst. “Yeah. I used to work right across from the main post office in Manhattan. Saw that every day.”

CJ. (getting serious again). “We are not the postal service! We are not a group of government bureaucrats who show up to work everyday and wear some goofy uniform just to collect a paycheck.”

Judge: ”We’re not? That’s what I do every day.”

CJ: "No. Courts will remain open. I’ll show them tough and pluck."

Asst: (on phone to chief of clerks) "Wait, No cancel that. We’re staying open."


CJ: (turning on the television to channel 7)

Reporter: BULLETIN. THIS IS OUR 3:23 EMERGENCY UPDATE. HURRICANE ERNESTO HAS BEEN RE-NAMED TO KILLER TROPICAL STORM ERNESTO!!!

ITS GOING TO RAIN IN MIAMI. PLUS WIND. IF YOU HAVE NOT PREPARED FOR THIS KILLER TROPICAL STORM BY NOW. GIVE UP. LEAVE YOUR HOME AND RACE, NOT WALK, RACE TO THE NEAREST SHELTER. BY PREPARATIONS, WE MEAN 60 GALLONS OF WATER PER PERSON PER HOUR, PLUS 260 GALLONS OF GASOLINE AND HOOKING UP ONE SMALL NUCLEAR GENERATOR RIGHT INTO THE ELECTRICAL BOX OF YOUR HOME.

WITH ALL THE DETAILS ON THE IMPENDING DEATHS, WE TAKE YOU TO THE MIAMI MEDICAL EXAMINERS OFFICE WHERE THEY ARE OPENING AIR CONDITIONED TRAILERS TO ACCOMMODATE THE EXPECTED INFLUX OF CORPSES…..


CJ: "No. Better close courts for the foreseeable future."



POST SCRIPT:

Hindsight is always 20-20. Our wonderful chief Judge closed the courts and saved hundreds of lawyers from getting rained on while walking from their cars to court. The CJ forever earned the love and respect of the lawyers who remained warm and dry.

The Dane, from whom the CJ drew his introspection and indecision, had a much different fate.

See You In Court Thursday.

BLOG PARTY AT TOBACCO ROAD THURSDAY AFTER WORK IS ON.

CLE DISCOVERY COURSE

RUMPOLE’S CLE REFRESHER COURSE.

WHAT TO DO ON YOUR ERNESTO DAYS OFF? Rumpole has the solution: CLE!!

That pesky Bar requires we keep current on CLE:
(despite a popular myth, CLE does not stand for Come. Leave Early).

Today we have a quick refresher course on DISCOVERY IN FLORIDA:

Q: What is discovery in a criminal case in Florida?
A: Discovery is the bedrock principle that all citizens accused of a crime are entitled to view all of the evidence against them, speak to all of the witnesses before trial, and receive all evidence that tends to show they may be innocent.

Q: How does it really work?
A: At arraignment you ask for discovery. The prosecution responds that they gave to the PD who sneezed at the bond hearing, triggering discovery. The PD in court tells you to call their secretary to arrange to copy it. The secretary will be available on December 29 at 4:15 PM.

Q: But it’s August now.
A: Yes?

Q: Can’t the PD’s secretary make you a copy sooner?
A: No, their handwriting is not that good.

Q: No, I mean with a copy machine?
A: Hahahahahaha.

Q: What else can I do?
A: Log on to Amazon.com and purchase several large Russian novels and when they are delivered, go to the clerk’s office to request a copy of the file

Q: Then what?
A: Pick up your copy of the file on December 29.

Q: Let’s say you got a copy of discovery, what do you then do?
A: Nothing. The prosecution will revoke all plea offers, including CTS, seek life in prison plus court costs, sue you and your client in civil court, and order that you be stripped searched at the door of the court room if you actually attempt to use the rights guaranteed to your client and take a deposition before pleading guilty.

Q: That’s outrageous! Shouldn’t the FACDL do something about that?
A: Yes. As we speak, your Miami FACDL representative is busy scheduling a banquet and selling ads on the menu to court reporters and bondsmen.

Q: Well, thank goodness for them.

Q: Lets say we decide to subpoena witnesses. What do we do?
A: First, decide where you want to take the deposition. At the PD’s office or the SAO.

Q: What’s the difference?
A: Not much. However, an ever expanding list of attorneys are banned at the PD’s office, and will be forced to use the SAO. At the SAO you will be forced to wait in a long line to speak to a highly trained “deposition specialist” at the window on the SAO’s first floor.

Generally, the exchange will go something like this:

Attorney:” I’m here for a deposition”.
Highly Trained Specialist (HTS): “A what?”

Attorney: A deposition. “We sent you a notice. It’s in that book you have.”
HTS: “A what?”

Attorney: “Can you call the prosecutor?”
HTS: “Who?”

Attorney: ” I need a deposition room.”
HTS: “A what?”

Attorney: “My court reporter is here.”
HTS: “Who?”


You get the idea.


Discovery in summary:

Once you get a copy of the discovery (average time 6 months); decide to take depositions ( Plea offer becomes life at best) ;
get a deposition room (average wait: 2 hours);

you will sit in that room for the length of the time your depositions were set. Once the time expires, and no witnesses have appeared, get up, and leave.


NEXT TIME: RULES TO SHOW CAUSE. Fun with JA’s and getting a case on calendar.


CLE Rules: Carefully read and study the above re-fresher course. Print out the course and write your bar number at the bottom. Hand the form to one of the cashiers at Au Bon Pain (they have great soup lately) and in six or seven years your 2 hours for Discovery Re-fresher course will be applied.

Thanks for reading.

LATE BREAKING ERNESTO UPDATE: Its going to rain. And there will be some wind. Channel 7 (motto: "give us a rain drop, and we'll give you panic") reports, the end is near.

COURT IS CLOSED

From our magnificent Clerks and Court Administrator’s Office comes this:


Due to Tropical Storm Ernesto, Clerk of Courts will be closed Tuesday, August 29 & Wednesday, August 30!

Look how this storm track changed from yesterday. Like a plea offer from the state after they realize your client is a PERP. There is a joke just waiting to be told here about meterologists and Judges.

Will NOT be seeing you in court until at least Thursday.

BREAKING NEWS: While court may be closed, Judge McWhorter's campaign remains up and running as she prevailed today in the hearing in West Palm Beach (motto:" We're better than you, and we know it.").

Ms. Marino-Pedrazza is going to have to face the citizens of Dade County. In the final analysis, wouldn't she always have a cloud over her if she became a Judge through a lawsuit?

Hurricane Ernesto

RUMPOLE'S HURRICANE CHECK LIST





[] 7 Bottles of Chateau Miami River

[] 2 Large bags of pretzels

[] 1 can of Tuna Fish

[] 1 Bottle of water.

We're ready.

In case of power loss, we have several emergency bloggers around the country to perform our duties. You see, several legal communities have had their own "Rumpole" befall them lately.

We also recommend obtaining a copy of "The collected decisions of Judge Juan Ramirez" of the 3rd DCA. In case of loss of power you may need something to assist you in falling asleep quickly.

See You In Court Monday with a wary eye on Ernesto.

RUMPOLE ENDORSES VICKI DEL PINO FOR COUNTY COURT.

UPDATED:

Judge Martin Shapiro is retiring and Joel Jacobi runs against Vicki Del Pino. Memo to Judge Shapiro: That large sign you have in your courtroom informing pro se litigants that a withhold of an adjudication is not a conviction is wrong. It induces people to accept resolutions by giving them false information. You should take it down.

Rumpole endorses Vicki Del Pino. She has demonstrated her considerable ability by her patience and demeanor as a traffic magistrate. We have much less knowledge about Mr. Jacobi. If, as he told the Herald, that 20% of his practice is indeed pro bono, then we know what that feels like.

This is not an endorsement criticizing Mr. Jacobi's ability to be a Judge, but praising what we know about Ms. Del Pino. We think she is a great choice for voters on September 5.

No one even noticed we were gone, did they?

Update: We really thought we used to see Ms. Del Pino in the REGJB as an ASA but several alert readers told us we were wrong. We still are endorsing her.

PARTY

The comments under the previous post are pure gold. Go read those comments. Most are very funny.

BLOG PARTY?



Someone wanted to throw a blog party next Thursday night August 31-right before the start of the long weekend.


A few people mentioned Tobacco Road. We have drunk our share of Chateau Miami River at the Road, and our bar tab is such that we are still welcomed.

Come one. Come all-even our dear robed readers.

Maybe, just maybe, Rumpole will buy you a drink.

We're the one in the Rumpole mask.

Ms. Nesmith has already promised an appearance.

HR.

NO ENDORSEMENTS

NO ENDORSEMENTS

Judge Samuels and Gloria Gonzalez-Meyer.

Judge Michael Samuels is challenge by attorney Gloria Gonzalez-Meyer. We must admit that we know so little of the participants that we even forgot to post a poll on this race. Recently we received some emails and missives to the effect that when Judge Samuels ran against Judge Emas, he used commercials attacking Judge Emas for previously representing Defendants when he was in private practice. If that allegation is true, and we have no idea that it is, Samuels did not deserve to win that election and does not deserve to be a Judge.

Neither candidate saw fit to email us anything about themselves, and we just don’t feel comfortable making an endorsement about two candidates we honestly know nothing about.


Judge Rippingille and Don Cohen.

We have a more difficult decision in this race, because we know Don Cohn, and believe he would make an excellent county court judge. He has the personality and temperament to be a Judge in a court that brings the Judiciary in close contact with the general public. When we watch a County Court Judge snap at an un-represented defendant and refuse to listen to their question and help them, we can’t help but wonder why they ever wanted to be a Judge. We have no difficulty in believing that if elected, Mr. Cohn will exhibit the kindness and patience that he is well known for in the REGJB.

Unfortunately, we have no experience with Judge Rippingille. We have asked around and gotten mixed reviews. We greatly value the opinion of attorney Ed Carhart, who saw fit to write to the blog in defense of Judge Rippingille. We also have heard many people echo the recommendation in the Herald, which cited to Judge Rippingille’s devotion to families and children in trouble. Some attorneys have a completely different and markedly negative view of Judge Rippingille. While we think the criticism we have heard is valid, because we just don’t know enough about Judge Rippingille, we hesitate to endorse Don Cohn, although we have no trouble admitting we probably will be voting for him.

NO ENDORSEMENT

JUDGE PANDO AND SARI ADDICOTT. NO ENDORSEMENT.

Judge Pando is challenged by attorney Sari Addicott. Ms. Addicott is not known to us, but that is not a qualification or disqualification for our endorsement. Ms. Addicott was strongly endorsed by the Herald, which cited Justice Lewis’s concurring opinion that because of Pando’s conduct in not disclosing a $25,000.00 loan to her campaign, she should be removed from the bench. The Herald also noted that Ms.Addicott has practiced law for 26 years and has the experience and qualifications to be a Judge.

We did not follow the story surrounding Judge Pando’s loan, but in reviewing the public documents, we agree her conduct merits strong consideration for her opponent.

We did have the occasion to see and appear before Judge Pando when she was in the REGJB. We found her to be a good judge, although we had strong negative opinions about her inability to appear in court on time.

We strongly objected to the possibility that Judge Pando was asked to leave the Justice Building because of complaints from the State Attorneys Office. We cannot imagine any more chilling effect on an independent Judiciary than the ability of some pretentious prosecutor pontificating about a Judge’s ruling being able to get the Judge re-assigned. Therefore, for those reasons alone, our sympathies lie with Judge Pando. Indeed we may even vote for her. But there is considerable strong negative language in the opinion from the Florida Supreme Court about Judge Pando’s conduct during the previous election. Combined with her inability to promptly arrive for court on a regular basis, we feel we are prevented from endorsing her.


MARISA TINKLER MENDEZ, CATHERINE PARKS, MARIO GARICA, Jr.,
NO ENDORSEMENT.

Three attorneys vie for an open circuit court seat.

Catherine Parks saw fit to write to us about her qualifications:

I am a candidate for Miami-Dade Circuit Court Judge in Group 80. I have over 20 years' experience in the practice of Law, having graduated from the University of Miami School of Law in 1983. My areas of expertise are primarily in medical malpractice defense, general insurance defense, product liability, mass tort liability, and administrative law. However, I have some experience in other areas as well. I have a great deal of trial experience and some appellate experience.Prior to attending law school, I was a Registered Nurse (RN). I received a bachelor of science degree in nursing from the University of North Carolina at Chapel Hill. I first worked at Duke University Medical Center in the trauma unit and, later, as an instructor of nursing at Jackson Memorial Hospital. I am also a certified guardian ad litem. I ran unsuccessfully for circuit court judge in 2004, having lost in a run-off to the Honorable William Thomas. I received numerous endorsements in that campaign, including those from The Miami Herald, the NorthEast Dade Coalition, the African-American Grassroots Committee, the League of Women Voters, the Women's Political Caucus, the Florida Nurses Association, and many many more. The Herald stated in its October 6, 2004 endorsement as follows: "Her experience in caring for people has given her insights and perspectives that have helped to shape her judicial temperament and keen sense of justice." I have given many lectures and seminars over the years and am the author of a number of articles, including "The Medical Malpractice Reform Act of 1985" (The Florida Bar Journal, Jul/Aug, 1985), "The Neurological Injury Compensation Plan (The Advocate, 1987) and more recently, "Alzheimer's Disease--Risks and Rewards" (The Journal of Long-Term Care, Nov 2004). I am very involved in my community and serve on the Florida Local Advocacy Council, a group whose mission is to provide guidance and assistance to the less fortunate. I am also active with the American Association of University Women and other organizations. I am on the board of directors of Hammock Oaks homeowners assocation.I am currently divorced, and I have 2 wonderful children, Michelle (15 y.o. student at Ransom Everglades) and Dan (19 y.o. student at Yale). Given my qualifications and background, I feel that I am imminently qualified to serve my community as a circuit court judge. I would very much appreciate your support and your vote.


Ms. Parks appears to be an excellent choice for the voters.

The next candidate in this race is Mario Garica, Jr., who as the Herald noted, has been a member of the bar since 1999.

The final candidate is Marisa Tinkler Mendez. Ms. Mendez, a former employee in Mr. Roy Black’s law firm, is a well known practitioner of criminal law defense. While she is our personal choice here, and would hit the ground running as a Judge, we are equally impressed with Ms. Park’s qualifications. We cannot in good conscience endorse either of these fine candidates over the other, but we do think both of them merit endorsement over Mr. Garcia.


THE SCREAM- explained?




On August 22, 2004 The Scream by Edvard Munch was stolen at gunpoint.

We've often had this thought about the painting:

"My case just got re-assigned to Judge_______????!!!!"

See You In Court.

TERROR CASE COUNT DISMISSED

Go to everyone's favourite federal blogger's blog, the one run by David O Markus. The link is on the bottom left side of this page. Read all about the decision by Federal District Court Judge Cooke dismissing one count in the Padilla terror case.

Mr. Markus's blog has all the inside scoop on the legal reasons and ramifications of the decision. The post on the blog has all the case law and statutory authority that we deem thoroughly unnecessary to consider in our practice. However, it' s nice to see a Judge, albeit a member of the Federal College of Cardinals, make a courageous ruling.

The decision is sure to be reviewed under the “if the government wants to do it, it must be legal doctrine” espoused by the Circuit Court of Appeals.

POLLS

ALL RACES NOW HAVE POLLS UP.

MONDAY BEGINS EARLY VOTING.

REMEMBER THIS IS DADE COUNTY- VOTE EARLY AND OFTEN FOR YOUR FAVOURITE CANDIDATE.

SEE YOU IN COURT.

PHISH FOOD?

Here’s good Saturday night topic for all those date challenged attorneys who have nothing to do and are curling up with a pint of Ben and Jerrys this sultry August night.

Has anything happened during the election that influenced you to change your mind about a particular candidate? For us the answer is that while we initially supported Judge Ivan Hernandez, his conduct in responding to the Dade County Bar regarding a possible election violation was sufficient for us to believe that his qualified challenger was the one we would vote for.


Put down that spoon of Phish Food and type a comment.

TONY MARIN

In an election for an open seat, Marie Davidson goes up against Tony Marin.

Anyone who has worked in the REGJB for the last 20 years knows Tony Marin. He is an experienced and respected defense attorney and we are confident that if elected he will hit the ground running.

We were somewhat surprised to read that Ms. Davidson told the Herald words to the effect that her candidacy was something of a lark. This is an important position. A Circuit Judge can and does decided life and death. We don’t know much about Ms. Davidson but we think that if she was not really going to try, why qualify for the seat and possibly scare away a more qualified candidate? You want to play around? Go become a traffic magistrate.

In any event, Tony Marin is the solid pick for this seat. He is qualified and experienced and really wants to be a Judge.

RUMPOLE ENDORSES TONY MARIN FOR ELECTION.

JUDGES SHELLY SCHWARTZ AND KAREN MILLS FRANCIS

RUMPOLE ENDORSES JUDGE SHELDON SCHWARTZ

Judge Sheldon “Shelly” Schwartz is well known to any and all practitioners of criminal law in Miami. A successful and well respected attorney for decades in Miami, Shelly Schwartz was elected to the County Court Bench where he has exhibited “Manny Crespo” like enthusiasm for his job. That is a compliment in the highest terms, as we all fondly remember that Judge Crespo was never happier then when he was in court working.

We have seen the same Joie de Vivre in Judge Schwartz.

Judge Schwartz frequently arrives early for court to handle routine motions so that by the time the attorneys arrive the work is done. Judge Schwartz has had his detractors and one infamously bad day when there was a long wait in court. But who among us hasn’t had a bad day? And Judge Schwartz stepped up to the plate on this blog and discussed the incident and handled it like the professional that he is.

His opponent, Migna Sanchez Llorens is a “Wellesley Woman” and for those who follow such things, its an important accomplishment. She has worked as a public defender for in the State and Federal system, which means that she has a wealth of criminal law experience. We worry that this is again an instance of someone choosing an opponent because they are vulnerable rather than because they merit replacement. However, unlike other races, Ms. Llorens does have the experience to be a County Court Judge, and in the final analysis, who are we to say why someone is running?

We do view races where an incumbent is being challenged with the question of whether the Judge deserves to be replaced? In this case the answer is clear: Judge Shelly Schwartz has done a fine job and should not be replaced.

RUMPOLE ENDORSES JUDGE SHELDON SCHWARTZ FOR RE-ELECTION.

RUMPOLE ENDORSES JUDGE KAREN MILLS FRANCIS

Challenger Steve Millan was already roasted by the Herald for running a mean spirited campaign and he showed his inexperience if not ignorance in not being able to answer why Judge Mills Francis should be replaced. We choose to concentrate on Judge Mills Francis in this endorsement.

Only in Miami could you walk into a courtroom and witness a tall African American Female Judge, sometimes with brightly coloured hair, engaging in a raucous and intellectual conversation with attorneys arguing a case. There is no doubt that the courtroom belongs to Judge Mills-Francis. We have watched Judge Mills Francis on several occasions and what we always see is a no nonsense judge who can quickly and easily get right to the heart of the matter. Yet, behind what sometimes appears to be a loud blustery demeanor, is a caring and concerned individual. She knows what’s it like to be a defense attorney. She gives great care and concern to any person walking into her courtroom as a victim in a case. And she handles unrepresented defendants as well as any Judge we have ever seen. Judge Mills Francis doesn’t just deserve to be re-elected. She is a true REGJB original and a real treasure. It would be a terrible loss to both the bench, bar and the community if she is defeated at the polls.

RUMPOLE ENDORSES JUDGE KAREN MILLS FRANCIS FOR REELECTION.

BAR POLL RESULTS

BREAKING NEWS: DADE BAR POLL IS OUT:

QUICK RECAP OF THE WINNERS AND LOSERS


Biggest winner: Judge Steve Leifman with a whopping 73% finding him EXCEPTIONALLY QUALIFIED.


Biggest Loser: Judge Leifman’s opponent, Juan F. Gonzalez with a whopping 70% finding of UNQUALIFIED.

Judge Dennis Murphy follows right behind Judge Leifman with 63% finding him EXCEPTIONALLY QUALIFIED

While his challenger Josie Perez-Velis limps in with 64% finding her UNQUALIFIED.

Cecilia Armenteros-Chavez had a 61% finding of UNQUALIFIED

And Judge Ivan Hernandez is licking his wounds tonight with 59% finding him UNQUALIFIED.

Patricia Marino-Pedraza had a finding of 50% UNQUALIFIED

While Jorge Alvarez ( 57%) Rima Bardwell (57%) and Marie Davidson (56%) (all percentages reflecting the UNQUALIFIED vote ), also did poorly.

What does this all mean? Who knows?

See the entire results here:


BAR POLL

RUMPOLE ENDORSES ROBIN FABER FOR JUDGE

RUMPOLE ENDORSES ROBIN FABER OVER JUDGE IVAN HERNANDEZ

We have been one of the biggest defenders of Judge Hernandez. A Vietnam war veteran, and a Judge who did a fine job handling a DUI calendar when he was in the REGJB. But then Hernandez had a JA start to run crazy and threaten other Judges unless they hired him to assist in their campaign.

Judge Hernandez did nothing to stop the conduct of his JA, which even if legal, was not proper conduct for an employee of a Judge. Most shockingly, Judge Hernandez remained silent in the face of serious accusations by other Judges that his Judicial Assistant made anti-semitic remarks. At the very least, Judge Hernandez should have suspended his JA and requested the SAO investigate the matter. If his JA was innocent, the matter would have been put to rest.

Once the campaign was underway, Hernandez had a run in with the election laws, and responded to the Dade Bar investigation in what the Bar said was a cavalier manner. Hernandez blamed an improper campaign ad on his treasurer and neglected to tell the bar his treasurer was his wife!

At some point in time, Judge Hernandez has burned away all the good will and respect he earned. And in our opinion he has no one to blame but himself. He could have been strong and wise enough to tell his JA to stop threatening Judge Leifman, who was Judge Hernandez’s supervisor. Judge Hernandez could have dealt squarely and directly with the Bar inquiry, but according to the Dade Bar, he did not. There comes a point in time when a person begins to wonder “what in world was he thinking?” when examining the actions of Judge Hernandez. We have reached that point.

Robin Faber is a 20 year member of the Public Defenders Office. You don’t work 20 years in that office without gaining the experience and perspective necessary for being a Judge, especially a County Court Judge. Mr. Faber has had a distinguished career as a PD as evidenced by being the recipient of the John Falikes Professionalism Award, which recognizes lawyers for integrity, demeanor and ethical behavior.

While Mr. Faber would be a fine choice in most circumstances, he is THE choice in this circumstance where we believe his opponent had acted in a manner that merits his removal from the bench.

RUMPOLE ENDORSES ROBIN FABER FOR JUDGE.

VACATION

While we rarely comment on where we are or where we will be, we feel on safe ground (actually not ground as you will sea) saying this about the next week or so:

Much to our shock and horror, "she who must" has surprised us with a booking on the high seas. Tis true we are a bit of a yachtsman, in the bay or intercoastal, where we can dock along side the necessary fueling station when the alcohol content in our blood falls to dangerously low levels.

But to be crammed on some modern day barge with the hoi polloi from Iowa or such other hinterlands; to be forced to interact with crowds of the large, pale, and unwashed, seeking to eat every 5 minutes, is not our idea of holiday.

Fear not however, as we have employed the services of an enterprising young person, who will monitor the blog and post comments as quick as ever. Plus, we have a store of posts ready to go, and have been assured by those in power on the high seas that we will have internet access.

See You On the Lido deck.

JUDGE LARRY SCHWARTZ AND JUDGE MURPHY

RUMPOLE ENDORSES JUDGE LARRY SCHWARTZ OVER GINA MENDEZ


Candidate Gina Mendez emailed us in response to our request for candidates to email us anything they want us to consider:

I am sole practitioner with extensive trial experience on both sides of the courtroom. As a former prosecutor, I have over 75 jury trials in Circuit Court. Currently, I specialize in criminal defense and family litigation. As a defense attorney, I have had 13 jury trials and numerous bench, family trials, all in Circuit Court. I have chosen to practice law in two areas that provide me with daily, in-court experience. I have been an advocate for the victims of crime and I have been an advocate for the accused, always seeking to protect the rights afforded to each. I have been an advocate for husbands, wives, and children in family disputes, always seeking to protect the rights afforded to each. Because of these experiences, I know that there are two sides to every story. As a sole practitioner, I know the hardships of running an office and being in trial. I know firsthand the need for a judge who understands that. I know what it is to spend a morning watching a judge who cannot effectively run a calendar. I won’t be that type of judge. I will apply the law fairly, respectfully, and courteously, with the goal being the administration of justice. I will be prepared, knowledgeable about the issues, and fair. The lawyers and litigants who come before me will know that they were heard and respected. I have a strong work ethic and will be a judge you can respect.

Ms. Mendez’s short statement is clear, concise, and puts her in the category of experienced attorneys who will do a good job if they win.

Early on we decried that Judge Schwartz had opposition. We intimated that it appeared to us that Jewish males were being targeted by Hispanic females. But in response to our post, there were dozens of comments about Judge Schwartz’s courtroom demeanor. We wrote at the time something to the effect that Judge Schwartz was a former prosecutor with the values of a Greenpeace activist. What we meant by that is when you know Judge Schwartz, you learn that he practices in his personal life the values he preaches.

Does Judge Schwartz have a demeanor problem? Well, the answer lies in the question. Since so many lawyers who have appeared before him have raised the issue, the answer is undeniably yes.
Is that sufficient for him to be replaced?
No.

From our point of view, what Judge Schwartz does when he rules on the bench is explain in blunt and no holds barred detail why he is ruling the way he is.

Maybe he would just be better off saying “denied” with a fake smile and moving on. (He can travel North of the Border and sit in any courtroom and see what we mean.) But because we believe he cares about what he does, he takes the time to explain why he is doing what he is doing. And many times the "why" is not very pretty. But we believe Judge Schwartz has the experience and ability to stay in his job.

RUMPOLE ENDORSES JUDGE LARRY SCHWARTZ FOR REELECTION.

RUMPOLE ENDORSES JUDGE MURPHY FOR REELECTION.

Attorney Josie Perez Velis challenges Judge Dennis Murphy. Why?

Once again, the sad answer is because she can win.

Judge Murphy has made quite an impression in six years. We practitioners of criminal law are a close knit group. We talk and compare notes incessantly on Judges. In six years we have personally not heard one person say one negative thing about Judge Murphy.

Both the prosecutors in his division AND the public defenders got together to jointly host a fundraiser. What does that tell you?

Judge Murphy hit the ground running as a Judge and has never looked back. What he lacked in the beginning in intricate knowledge of the criminal justice system he more than made up for with his knowledge and understanding of the practice of law.

When you appear before Judge Murphy, you get the feeling that he understands where you are, because he has been there. Maybe not necessarily defending a criminal client, but as a lawyer, handling a case. When you try a case before him, he stays out of your way. You do your job, stay within the rules, and you do not have to look over your shoulder worrying that the Judge will interfere.

Judge Murphy is fair, hard working, has a good sense of humor on the bench, and is widely respected. There just is no good reason for Ms. Velis to have challenged him.

How good could Ms. Velis feel about herself if she wins?
Will she really think the bench will be better off with the loss of Judge Murphy?
Does she truly believe the community will be better served by the loss of Judge Murphy?
Ms. Velis should have thought about those questions before running.

We have overheard people close to Ms. Velis say that this is not about Judge Murphy, but about her desire to be a Judge. Those people are wrong. Ms. Velis was wrong to run in this race.

RUMPOLE ENDORSES JUDGE MURPHY FOR REELECTION.

NEW POLLS UP

NEW POLLS ON MOST OF THE JUDICIAL RACES ARE UP.
NOTE THAT THE QUESTION IS NOT WHO WILL WIN,
BUT WHO SHOULD WIN.

BECAUSE THIS IS DADE COUNTY, FEEL FREE TO VOTE EARLY AND OFTEN.


WE TOOK DOWN THE "WHO SHOULD RUN FOR PD POLL"

FINAL RESULTS WITH 743 TOTAL VOTES:

% / total Number of votes:

Stan Blake: 13%; 96

Rod Vereen: 31%: 232: THE WINNER

Norman Gerstein: 3% ; 24

Clinton Pitts: 2%; 16

Abe Laeser: 18%; 134

Larry Hanfield: 2%;17

Jack Denaro: 4%;27

Joel Denaro: 9%; 65

Warren Schwartz: 12%; 90

Alex Ferrer: 6%; 42


THIS PICTURE WAS EMAILED TO USE BY A CAREFUL AND ALERT READER.
THE CANDIDATE IN THIS CAMPAIGN POSTER APPEARS TO BE WEARING A BLACK ROBE ACCORDING TO SEVERAL ALERT READERS WHO HAVE SENT US AN EMAIL.

IS THIS POSTER KOSHER?

RUMPOLE ENDORSES JUDGE MCWHORTER AND JOE FERNANDEZ

RUMPOLE ENDORSES JUDGE SHIRLYON MCWHORTER.

Ms. Marino-Pedraza has taken a lot of criticism on the comments section of this blog for adding a hyphenated last name. The criticism is misplaced, as she is not doing anything dozens of other candidates have done. Unlike Mr. Alvarez, Ms. Marino-Pedraza has an answer to the question of why her opponent needs to be replaced: the comments section of this blog have been populated with comments criticizing the courtroom demeanor of Judge McWhorter. That is a legitimate reason to run against a Judge.

We believe that while the criticism has its place, it is not enough to over look the fact that Judge McWhorter is a fine judge who merits retention. Judge McWhorter has a compelling life story. Hailing from a very small “one stop-light town” in Florida, she worked her way from probation officer, to attorney, to prosecutor, to Judge. Along the way, Judge McWhorter worked as legal counsel for the PBA and sought work in a civil firm when the JNC told her that she needed civil experience before they would pass her name to the Governor for consideration . Judge McWhorter joined a civil firm, got the experience needed, and was appointed by Governor Bush three years ago. When Judge McWhorter speaks about her passion to be a Judge we think that her passion is genuine. We also believe the criticism of Judge McWhorter is misplaced. We do not think that those who criticize her are disingenuous. Rather we think that those lawyers may not have spent the time necessary to see that Judge McWhorter is a good judge who works every day at her job to be the very best Judge she can be.

Unlike Messrs. Alvarez and Gonzalez, This is not an endorsement against Ms. Marino-Pedraza. Rather, this is an endorsement in support of the belief that Judger McWhorter deserves another term. We wish them both well.

RUMPOLE ENDORSES JUDGE SHIRLYON MCWHORTER.


RUMPOLE ENDORSES JOE FERNANDEZ FOR JUDGE.

Joe Fernandez is running for County Court Judge. He took the time to write us and we forgive him for using wordperfect. However, his literature states he has tried 45 jury trials and many more before a Judge. Joe is known to most of us as a former prosecutor and defense attorney who concentrated in DUI defense.

We do not know the other attorneys running in this group. They are Cecilia Armenteros-Chavez,
and Michael Aaron Bienstock.

Ms. Armenteros-Chavez got off on the wrong foot for many of us by employing everyone’s favorite ex-JA Juan D”Arce who in furtherance of his apparent campaign of vengeance was able to convince Ms. Armenteros-Chavez to initially file against County Court Chief Administrative Judge Slom. Judge Slom is widely admired and respected and Ms. Armenteros-Chavez’s initial move was quite a blunder. She followed up that blunder by being quoted in the Herald that she needed to speak with her husband before giving out her number. However, we have since learned that Ms. Armenteros-Chavez is married to a law enforcement officer, and thus her concerns about her home phone number are legitimate ones. A quick search of Google did not reveal a website for her campaign, so we’re not able to say much more about her other than she currently resides North of the Border, and we wonder why she is not running up there? However, we do need to emphasize that any attorney who lacks the common sense necessary to avoid association with Mr. D’Arce , starts out with two and a half strikes against them. Ms. Armenteros-Chavez has done nothing to make up for that colossal blunder.

Mr. Bienstock is equally unknown to us. Having worked almost every day in the REGJB for neigh well longer than we like to admit (but less than Sy Gaer) we know most attorneys who have an even passing acquaintance with criminal law in Miami. We have learned that Mr. Bienstock works in the child support division of the SAO. A worthy job. But we cannot otherwise comment on Mr. Bienstock’s experience.

We are (happily) left to endorse Mr. Joe Fernandez. We know that he is well respected in our little corner of the world. We know he has the experience, ability, temperament, and desire to be an excellent Judge. We have no hesitation endorsing JOE FERNANDEZ for County Court.