JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Friday, May 23, 2025

PAUL DONNELLY HAS UNEXPECTEDLY PASSED AWAY

 

 



We did not know Paul well, but he has been described to us as universally well-liked and respected. A former Dade PD, he had a great sense of humor and was a devoted lawyer to his clients. He passed away un-expectedly Friday morning. It has been reported his medical emergency was either before, during or after a sentencing proceeding before Judge Becerra. 

This is not our normal, upbeat Labor Day -Holiday Weekend post. 

Instead, the loss of a beloved colleague once again reminds us of the fragility and preciousness of life.  We take so much for granted, and yet our time on this earth is unknown to all but our maker. It may sound corny and gratuitous but take this holiday weekend and spend time with friends and loved ones. Put down the depo notes or the brief and do something you have been putting off. A walk with your life partner; brunch with your parents; a movie with your kids; a friends night out. 

Enjoy this life we have been given and most importantly take good care of yourself. If you haven't been to your doctor for an annual physical, go schedule one. At almost any age you should be able to run a mile without stopping, absent physical limitations. Try some pushups and sit-ups every morning.  Have a big bowl of fruit for breakfast. If the stress of our life is getting to you try learning mediation.  TM is a great program and something that has worked for us for well over two decades. 

Take care of yourself and cherish others in your life.  Do good. Feel good. Be good to yourself and others. Life isn't that hard when you boil it down to the simple things that are the essence of living in grace and gratitude. 

We hope the grief of the loss of Paul by his loved ones will be eased by the comments and memories that our readers will contribute this weekend. 

BTW DOM and I agreed to both do posts in memory of Paul. 

Wednesday, May 21, 2025

EVERY DAY

 Every day for the next ten days is going to be the same backwards. 

5/20/25

5/21/25

5/22/25

5/23/25

5/24/25

5/25/25

5/26/25

5/27/25

5/28/25

5/29/25

Seems like a good reason for a continuance. 

Of course, if you think about the things going on, every day since last  November has seemed backwards. 

Take for example our brilliant Homeland Security Director - Kristi Noem  She was asked during senate testimony by Senator Maggie Hassan (D-NH) what Habeas Corpus is. The genius scholar who is entrusted with securing the safety of our country responded  "Habeas corpus is a constitutional right that the president has to be able to remove people from this country….duh” 

(We added the duh) 

In other words she pretty much got it backwards.  

Meanwhile in the comments of the last post, lots of chatter about a new judge inviting a disgraced lawyer/prosecutor to her investiture. 

Wednesday, May 14, 2025

14 UP FOR REVIEW

 The Supreme Court will take up the issue of whether your favorite federal judge can issue a nationwide injunction. So just speaking hypothetically, if the Government decided to round up Japanese Americans and place them in internment camps, could a Judge in Miami stop the Feds from doing it in California? Or would the judge’s order just extend to Hialeah? 

The backdrop to this issue is even juicier: on day one of his reign of terror, the current president signed an executive order ending birthright citizenship. Lawyers filed motions arguing that the plain language of the amendment clearly conferred citizenship to anyone born in the United States. Plus, they argued, a long line of cases held the same thing and since the cases were not about abortion, they were accorded precedential value. District Court Judges who had no illusions about being elevated to their circuit court with this president, who were assigned the case issued nationwide injunctions.  

But now there is serious consideration being given to the argument that the 14th Amendment was about slavery and applied to granting slaves citizenship in the state they were born in. Congress did not intend to extend the right of citizenship to the children of foreign nationals who just happened to be born while passing through Kennedy International Airport. 

So before we weigh in, what say you? 

Here is the relevant portion of the 14th Amendment for you robed readers who don’t do your own legal research: 

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside

Thursday, May 08, 2025

WE HAVE A POPE

UPDATE: BEST LINES OF THE DAY: 

Chicago  produced a Pope before it produced a quarterback who threw for 4,000 yards.

And this 

Pope Leo was picked in two days. Shedeur Sanders was picked in three.  

 We have a Pope AND ....... drumroll please....

HE'S AN AMERICAN

WE HAVE AN AMERICAN POPE 

USA  ALL THE WAY 

CARDINAL ROBERT FRANCIS PREVOST IS OUR NEW POPE 



Tuesday, May 06, 2025

MAILBAG

Wednesday update: The Conclave will begin today.  There will be at least one vote. The rules require four votes a day but the Conclave doesn’t start until 4:30 pm Rome time. And Uber Eats - the Vatican/Conclave division-  will be standing by- Pepe’s Mexican and Sakura Sushi are rumored to be favorites amongst the Cardinals.  133 Cardinals are voting - the most in Papal history. Keep an eye on the Italian Cardinal and the Cardinal from the Philippines as early favorites.  But it’s all a mystery shrouded in secrecy and tradition and who doesn’t love that? 

Our favorite Conclave witticism? It is said a Pope walks into a Conclave and leaves a Cardinal. Think about it. 


 Time for our mailbag. 

A reader asks 


You sometimes write, Rump, that you have "robed readers". I have a question for any judge who cares to respond, or anyone who knows: What on earth causes judges to arrive late to their calendar? It is the rule, rather than the exception. Taxpayers are funding correction staff, clerks, calendar clerks, ASAs and PDs to sit and wait. Civilians sit and wait. Its an ungodly waste of time and money. I cannot imagine the judges routinely have pressing business at 9AM. How is this anything other than an abuse of power? On campaigns for their jobs, they should be confronted with how frequently they start their job on time.

Saturday, May 03, 2025

FACDL AWARDS BANQUET

 The FACDL awards banquet is Saturday night. Of course we were neither invited, nor will we attend. We do not join organizations that would have us. 

There is a very deserving list of honorees and we post them in the spirit of pro bono publico




Judge Wolfson won the Kogie- our favourite award. Well deserved.  Justice Kogan was a gem- a true one of a kind man and jurist. And Judge Wolfson is truly deserving of an award named after a man of intelligence, honor, integrity, and devotion to justice. 

Daisy Serrano should be so proud to win the Marcia Cooke award.  A great award named after a great woman - and Daisy is so deserving of this recognition. 

And Michele Borchew has been everywhere the last couple of years kicking the ass of the Dade SAO ASAs. Her award is well deserved. 

And it is nice to see Regional Counsel lawyers win the Rodney Thaxton Against All Odds Award. Rodney was someone we practiced with. He was committed to Indigent Defense and the RC3 lawyers did a great job in a case with truly awful facts.  

Rothman has been doing it as good as anyone and many times better for a long long time. 

Did we miss anyone?  Once again no one wins The Rumpole award for misanthropic behavior while winning cases. Maybe someday. 

Well done everyone. 
Well done indeed. 


Friday, May 02, 2025

IF IT IS FRIDAY

If it is Friday in America 2025 

Then the president is seeking to defund NPR and PBS. 

Why does he hate big bird and the Cookie Monster ?