SHAWN ABUHOFF & 31 OTHERS APPLY TO JNC .....

THE CAPTAIN REPORTS:

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

The Judicial Nominating Commission (JNC) for the Eleventh Judicial Circuit of Florida is entering a busy stretch following the expansion of the bench in Miami-Dade County.

In 2025, Governor Ron DeSantis signed Senate Bill 2508 into law, creating four additional County Court seats and three additional Circuit Court seats. Last year, the Governor filled two of the County Court seats and one Circuit Court seat. The JNC is now tasked with interviewing applicants for the remaining two County Court and two Circuit Court vacancies.

THE APPLICANT POOL .....

The JNC received 32 applications, divided as follows:

10 applicants for County Court only

11 applicants for both County and Circuit Court

11 applicants for Circuit Court only

The Commission will conduct interviews on March 13 and may nominate up to 12 candidates for County Court and 12 for Circuit Court.

A NOTABLE APPLICANT: ASA Shawn Abuhoff .....

One name that immediately stands out is Assistant State Attorney Shawn Abuhoff (and not because he is listed first). Abuhoff has applied for a seat on the County Court.

Many in the legal community will recall the high-profile disputes in 2024 and 2025 between the Miami-Dade State Attorney’s Office and members of the criminal defense bar. Abuhoff was at the center of one such controversy in the case of State v. Pratt.

In that case, the defendant was charged with second-degree murder and represented by Assistant Public Defenders Natalie Ender and Lauren Dawson. During the proceedings, the Public Defender’s Office filed a motion seeking Abuhoff’s removal, alleging that he attempted to intimidate a key witness. Specifically, Ender claimed that Abuhoff and a police officer appeared near the home of witness Bridet Lampley and banged on the window of a car in which she was seated.

The presiding judge, Judge Wolfson, denied the motion.

Shortly thereafter, Abuhoff filed a motion seeking to disqualify Ender and Dawson, Abuhoff wrote in his complaint as to Ender and Dawson that “Their actions of tampering with a witness have made them witnesses themselves and created conflicts that this court can not ignore,” His office also publicly announced that both attorneys were under criminal investigation and that it was “in the process” of determining whether charges would be filed.*

Judge Wolfson denied that motion as well.

*No charges were ever filed against either Ender or Dawson.

FACDL-MIAMI ENTERS THE FRAY .....

The dispute drew the attention of the local chapter of the Florida Association of Criminal Defense Lawyers (FACDL-Miami), which alleged a broader pattern of prosecutorial misconduct.

FACDL cited several incidents, including the removal of ASA Michael Von Zamft from the case of State v. Corey Smith by Judge Wolfson. The organization also publicly commented on actions taken by the State Attorney’s Office in the murder prosecution of OnlyFans model Courtney Clenney and the related charges against her parents.

Regarding the Ender and Dawson matter, FACDL’s Board of Directors issued a statement asserting that the State Attorney’s Office “continues to engage in a pattern of unethical misconduct” in cases where defense attorneys have “done nothing more than uphold their constitutional obligation and duty to defend their client.” The Board further criticized what it described as the unjustified public accusation of criminal conduct against defense counsel and their investigator.

The Miami Herald covered it in July of 2024 in two stories you can read here and here.

Here is a list of the 32 applicants:

COUNTY COURT ONLY

Shawn Abuhoff 
Yaneth Baez  
Johanna Benedi  
Madelin D’Arce** 
Kimberly Hillery 
Yvette Lavelle  
Gustavo Losa 
Marlin Muller  
Jeffrey Pierce  
Patricia Salman 

COUNTY & CIRCUIT COURT

Natalia Costea 
Yenly Dominguez  
Christian Dunham 
Aaron Feuer 
Scott Janowitz  
Jose Martinez 
Andrew McGinley 
Michelle Roth 
Monica Segura  
Alexander Shear 
Annette Strauch 

CIRCUIT COURT ONLY

(All are County Court Judges except for Mrs. Alvarez)

Destiny Goede Alvarez**
Rita Cuervo 
Miesha Darrough  
Elisabeth Espinosa  
Christopher Green  
Chiaka Ihekwaba  
Alicia Garcia Priovolos  
Jorge Perez Santiago 
Stephanie Silver 
Eleane Sosa-Bruzon 
Michelle Urbistondo  

**Destiny Goede Alvarez has been a member of The Florida Bar for five years (the minimum necessary to qualify to be a judge). She has two degrees from the University of Florida, she was President of Florida Blue Key, and she was inducted into their Hall of Fame. She is a member of the Federalist Society.

She was an Intern for Federal Magistrate Judge Amanda Arnold Sansone; spent a year working in the DeSantis Administration for the Department of Transportation; was an Associate at Gray Robinson for two years (is there any law firm more connected to the DeSantis Administration?!); and she is currently is a Partner at Goede, DeBoest, & Cross (the Goede is John Goede - her father we surmise)

Another interesting note: Attorney Madelin D’Arce, who applied for County Court, is also a Partner at Goede, DeBoest, & Cross

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

SNOWDAY

 Good morning. Monday is a rare snow day for NYC public schools as nor'easter blizzard slams the eastern seaboard. 

Here in South Florida the nation holds its collective breath as we struggle with temps that are dipping into the low 60s-high 50's. But we are resilient. 

People who don't know a blue line from a blue moon are celebrating the USA Hockey Team's overtime gold medal win over Canada. If you were watching the game Sunday morning, that group of fans arriving late in the third period with American flags draped over them was the Miami contingent. 

Stocks are mostly flat in pre-morning activity as the world digests the new tantrum-tariffs and China announced the awarding of their nation's highest medal (The People's Hunter-Biden Laptop Medal) to Justices Roberts, Gorsuch and Coney-Barrett for service to the People above and beyond the call of duty.  

Next up on the High Court's docket- the decision on whether the President can lawfully order the deportation of  Federal Reserve Governor Lisa Cook to South Sudan; whether the president can rename the Washington Monument, the Library Of Congress, Central Park and the Grand Canyon after himself; and whether the president can force Greenland to reimburse the tariffs the US illegally collected? 

Miami Practice Tip Reminder: Include those certifications about whether you've used AI or not in your pleadings. Query: does this apply to the SAO's discovery responses? And if they don't include the certification can you move to strike their witness list? 

OT

 The Canada -USA gold medal hockey match just went into overtime at 1-1 as we write this. Sorta pulling for Canada as our wonderful neighbors to the North have endured so much BS from us, they deserve this win as a feel-good experience for a great nation that is North America's new bastion of Democracy and liberty. Plus their Jersey's are much cooler. Sign us up for one. 

Knicks had a great come from behind win at the Garden last night over the Rockets. Getting ready for playoff basketball. '

Speaking of New York. Bundle up and settle down with a hot soup and good book. A 24 hour nor-easter is set to hit today- a massive blizzard with up to two feet of snow and 50+ MPH winds that will create 5 and 6 foot snow drifts. 

Here is Washington Square Park after the great 47 blizzard.

And here is Wall Street after the 1888 Blizzard. 

Back then there was much less available on Netflix and Hulu. Times have changed.

Our prescription for a blizzard day: 1 whole chicken; a whole diced onion; whole diced apple; 4-5 carrots thickly chopped; whole plum tomato diced; place all in a slow cooker for four hours; add Italian spice mix or Goya Sazon. When done, roughly shred chicken with two forks, keeping in bones for flavor. Cook your fav noodles in a sperate pot adding a 1/4 cup of broth for flavour. 

Pick an old favourite book to re-read. Something like 11/22/63 by Stephen King.   Or The Alieniest by Caleb Carr.; or The First Deadly Sin by Lawrence Sanders. 

Mr. Sanders has passed away, but his First Deadly Sin is the classic NYC serial killer novel. We first read it when it was serialized in the NY Daily News in 1977 because it had been published just before the Son of Sam murders and there was some thought the killer had read the novel. Although he was already an established author, The First Deadly Sin propelled Sanders to superstar-best-seller status, and this novel is worth all the hype. His characters are great- and Edward X. Delaney, the NY Captain who hunts down the killer outside the NYPD bureaucracy which was beset by local politics, is a great hero. Well written, accurate as to NYC and NYPD, and totally suspenseful. We just talked ourselves into re-reading it today. 

Enjoy your Sunday. AND LITERALLY AS WE WROTE THIS- The USA scored and the USA wins the Gold!

Jack Hughes of the NJ Devils scored 1:42 into OT. Outshot 42-28 by Canada, the 2026 USA team joins the 1960 Squaw Valley and 1980 Miracle On Ice teams as the only US team to win Olympic Gold.  

THE GREATEST

 There are many things that are given the apparition The Greatest. This, readers, as spring training games begin in baseball for the 2026 season, is simply the greatest home run of all time. 

It's the bottom of the 9th- game seven, 1960 world series. It is tied 9-9 as the upstart Pittsburgh Pirates come to bat. It is October 13, and the clock in Forbes Field has just ticked to 3:36 PM. The greatest game in baseball history is about to experience the greatest ending. 

Ralph Terry is on the mound for the Yankees. Second baseman Bill Mazeroski comes to bat. He is an exceptional fielder. Nobody turned the double play better. He is not a power hitter. He will end his career with 138 home runs and a .260 batting average. 

The Yankees were baseball's powerhouse. The Pirates had great pitching, great fielding, a few power hitters and a budding superstar with a gun for an arm in right field named Roberto Walker Clemente. 

By game seven the Pirates had won three games with the scores of 6-4; 3-2; and 5-2. The Yankees had blown out the Pirates in their three wins 16-3; 10-0; and 12-0. Game seven was a classic see-saw battle with strange things occurring like a pebble from a ground ball from Bill Virdon hitting Yankee shortstop Tony Kubeck in the throat allowing the Pirates, who were behind 7-4 in the bottom of the eighth inning to avoid a double play and go on to take the lead 9-7. The Yankees tied the game in the top of the ninth, and thus Maz walked to the plate in the bottom of the ninth about to make history. 

 

Bill Mazeroski, Hall of Famer, and who hit the greatest home run in baseball history, died yesterday. He once said he thought about the home run every day of his life. Rest In Peace. 

V-M=-C

UPDATE The Chinese-Venezuelan-Hunter Biden Laptop-Clinton Supreme Court (not our name, but the nomenclature used by Maga drones) has STRUCK DOWN most of the president's authority to impose tariff's based on countries that did not support his nomination for a Nobel Peace Prize. 

Justice Roberts, along with Gorsuch and Coney were in the majority. Roberts wrote the opinion. Kavanaugh, Alito and Thomas in dissent which we will summarize: "Today we strike down an act of the President, something we promised not to do at our last federalist society meeting. If the court cannot keep it's word, the public will lose confidence in our ability to roll over when the president holds out a biscuit and orders us to do so."  

Local effects; 1) A local lawyer "no pago esa tarriffs" has announced the first lawsuit to recover tariffs paid by consumers.  Check your local bus bench. 133 billion is at stake to be returned and law firms everywhere have their calculators out "hmmmm 1/3 of a billion is....and multiply that by 133 is ...$$$$). 

2) The eleventh judicial circuit (Miami-Dade) has issued an order to all Miami judges to NOT apply the decision of the Supreme Court as the court did not comply with the requirement to include the certification that no part of this decision was written by AI. The effects on the Homestead Branch Court (all tariff litigation all the time) is unknown but worrisome. 

Markets have digested the decision without much movement downward. Upcoming: The President State of the Union is scheduled- the White House is busy UNINVITING six Supreme Court Justices. 

 We have some Friday math coming. But at the moment at 9:50 am we are monitoring the Supreme Court to see if the Tariffs opinion will be released.  It is going to be a temporary market mover any way the decision goes. 

SUSPENDED LICENSE?

 If you managed to habla ingles at the DMV and get a Florida DL, and later get a ticket from Officer Friendly and toss it in the pile of detritus on the floor of your Carolla, joining the empty Taco Bell bags and MAGA rally flyers- then as sure as the sun rises in the east and as sure as you can get arroz con pollo on any street corner in Hialeah, your license will be SUSPENDED. 

Then, the next time Officer Friendly stops you as you're speeding away from a Pro-ICE rally blasting Twisted Sister's anthem "We're Not Gonna Take It", now you got a problem- driving on a suspended license. Maybe you get taken to TGK, maybe not. But you have a criminal case and need a criminal defense attorney. You call Mr. Markus but decide not to hire a lawyer who works on top of a garage, and so you end up with the guy on the bus bench telling you to not pay that ticket " No Pagues esa  ticket" 

For years Miami has, as surprising as this may seem, been most reasonable on suspended license cases. Show up with a valid DL and the case gets dismissed. Such a deal. Judges throughout Florida scorn our liberal judges who don't sentence these criminals to at least 60 days on a first offense.  

Are changes afoot in Miami? Not really, but there are some adjustments being made to the process. 

The Komissar Of Kounty Court ( (c) Justice Building Blog 2026 all rights reserved) has instituted a new procedure if you get a DWLS or NVDL and are eligible to get a valid license. 

1. File a waiver of speedy trial. 

2. Have the case set for report, not trial. 

3. Show up with a good DL. 

The reasoning, which is actually understandable, is the State doesn't want to have to issue subpoenas, and pay officers to show up in court for trial when the officers could be out writing tickets. 

So follow the rules and get your case dismissed. 

And now coming at you, you're angry, you're upset, so are we all....Twisted Sister and We're Not Gonna Take It on 66 WNBC...

GOVERNOR DESANTIS: REMOVE FLORIDA ATTORNEY GENERAL UTHMEIER .....

THE CAPTAIN REPORTS:

In 2022, Governor Ron DeSantis stated:

“If a prosecutor wants to ‘reform’ the criminal justice system, then the appropriate thing to do is resign from office and run for the Legislature on such a platform.’’ 

Today, those words demand consistency.

CAPTAIN JUSTICE CALLS ON GOVERNOR DESANTIS TO REMOVE FLORIDA ATTORNEY GENERAL JAMES UTHMEIER .....

On May 23, 2024, Jaylen Eubanks was arrested in Broward County and charged with Carrying a Concealed Firearm and Improper Exhibition of a Dangerous Weapon (Case No. 24-5748-CF-10-A). At the time of his arrest, Eubanks was 18 years old.

His counsel, Assistant Public Defender Thomas Cottone, filed a Motion to Dismiss the concealed firearm charge, arguing that Florida Statute 790.01(3) is unconstitutional. While Florida law permits concealed carry without a permit for individuals 21 and older as of July 1, 2023, it continues to prohibit concealed carry by those under 21.

Broward Circuit Court Judge Lorena Mastrarrigo denied the motion. Eubanks subsequently entered a no-contest plea, expressly reserving his right to appeal.

The case is now pending before the Fourth District Court of Appeal (Case No. 4D2025-1698). The Public Defender’s Office filed its Initial Brief. On February 6, 2026, under the direction of Florida Attorney General James Uthmeier, Acting Solicitor General Jeffrey DeSousa filed the State’s Answer Brief.

In that filing, the State concedes that the conviction for carrying a concealed firearm should be reversed.

Attorney General Uthmeier has maintained that the State should not prosecute firearm cases involving 18-to-20-year-olds because, in his view, the statute is unconstitutional. In effect, the chief legal officer of Florida has chosen not to defend a duly enacted law of this State.

HAROLD PRYOR V. JAMES UTHMEIER: STEEL CAGE MATCH .....

In a highly unusual move, just three days later, the Broward State Attorney’s Office—led by Harold F. Pryor—filed a Motion for Leave to File an Amicus Brief.

State Attorney Pryor argues that prosecutors are constitutionally obligated to enforce the laws as written unless and until those laws are declared unconstitutional by the courts. To selectively decline enforcement based on personal constitutional interpretation, he contends, places an official above the law and neglects the duty of office.

In his Motion, Pryor emphasized:

     “Statutes are presumed to be constitutional and must be construed whenever possible to effect a constitutional outcome." 

The Motion went on to state that “the concession by the Solicitor General on this point deprives this Court from conducting the review  of the finding of the trial court, contrary to the wishes of the people of the State of Florida."

On February 17, the 4th DCA GRANTED Pryor’s Motion to file an Amicus Brief.

DESANTIS’ HISTORY OF REMOVING ELECTED OFFICIALS FOR NEGLECT OF DUTY.....

The Florida Constitution authorizes the governor to suspend local government officials for:

   “malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform the member’s official duties, or commission of a felony."

In 2022, DeSantis removed Hillsborough County State Attorney Andrew Warren for "Neglect of Duty", after Warren pledged not to prosecute abortion-related cases. When the governor removed Warren from office, he accused Warren of "putting himself publicly above the law" by pledging not to enforce laws that criminalize abortion and prohibit gender-affirming care for minors.”

At the time, DeSantis stated: “If a prosecutor wants to ‘reform’ the criminal justice system, then the appropriate thing to do is resign from office and run for the Legislature on such a platform.’’

In 2023, DeSantis removed Ninth Circuit State Attorney Monique Worrell for Neglect of Duty, citing a pattern of policies that allegedly failed to hold criminals accountable. At the time of her removal, DeSantis stated: "Worrell’s practices and policies have too often allowed violent criminals to escape the full consequences of their criminal conduct."

A QUESTION OF CONSISTENCY

The issue now is straightforward:

If a state attorney’s refusal to enforce a law constitutes “neglect of duty,” what is the standard for the Attorney General of Florida?

If the Attorney General believes a statute is unconstitutional, the appropriate course is to seek legislative reform or await judicial invalidation — not to decline defense of the law based on personal constitutional interpretation.

Governor DeSantis has set the standard.

The question is whether he will apply it uniformly.

What was “putting oneself above the law” in 2022 cannot become “principled discretion” in 2026.

If the Governor intends to remain consistent with his stated principles, then the same measure he applied to others must now be considered here.

What is good for the goose is good for the gander.

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