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.

Thursday, May 26, 2022

ONE TRILLION TREES

 Here's a little bit of good news.  At the World Economic Forum in Davos, Switzerland, which we highly recommend attending, there is a move afoot to plant a trillion trees. 

There used to be 6 trillion trees. Now there are 3 trillion. By 2030 the goal is to have 4 trillion, which scientists estimate would significantly stabilize global warming and maybe even slightly reverse it, because trees capture and store carbon. 

Now trees  don't stop people from chanting "drill baby drill", unless they fall on them, which isn't a bad idea, but trees, who do not as a policy carry hand guns or pray, could still help with global warming.  We haven't seen a response, but our guess is Senator Cruz and the former President #45 are against it for a myriad of reasons, including it's fake, trees are fake, and global warming is fake. And for that matter Davos, Switzerland is fake. 

In fact, if you want a great website and movement mocking the fake news movement, go to the Birds Aren't Real website here and read the NY Times article on the Gen Z Conspiracy everyone loves here. 

Several countries including China and the US have made commitments to planting over a hundred billion trees, which is a great start. 

The websites are here  (1T.org) and here.  (trilliontrees.org). 

The start of summer is here with the long holiday weekend- unless you're a Republican and don't believe in summer or seasons. Then it's just a long weekend. Either way, enjoy the sunshine and the day off before we get back to the grind. 

Finishing with trees, if you haven't read it, here is the single greatest appellate opinion of all time courtesy of the Michigan Court of Appeals 

Fisher v Lowe by Anonymous PbHV4H on Scribd

 
 IF EVER you wanted to see the difference between our blog and Mr. Markus' blog, read his post today where he discusses two complex opinions issued by the 11th Circuit (Motto "defendant's appeal is denied") this week- one on social media companies, injunctions, politics and Florida law, and the second on the Second Amendment. Complex stuff to read, while we post our fav opinion rhyming about trees. Res Ipsa Loquitor. 

Wednesday, May 25, 2022

OUR “WELL REGULATED MILITIA” HAS STRUCK AGAIN .......

 RUMPOLE NOTES: Thank you Captain. We've been thinking since yesterday that we should write something, and yet there are really no words. Parents send their child off to school, and she is murdered. In the United States. In 2020.  And it's happening over and over again. And a large percentage of this country, would scream and yell in ecstasy at the top of their lungs if at a rally a politician said "all we need is more guns and more prayer."  It is madness. We have lost our mind as a country. We were thinking of things like "Guns don't kill people, but they kill children at school"; and "Our adults are the Russians and our children at school are the Ukrainians."  

Nothing really captures the sadness and horror of this. Other than to say we are broken as a country. Broken to bits when a parent cannot safely send their child to school. If we cannot do that, then nothing else matters. The Constitution, our courts, our political bodies...nothing matters if we cannot protect innocent children. We are broken and we do not see a fix on the horizon. Maybe it's time to call this experiment a day. Break up the union into a country  that love guns and prayer and reject science, and a country with gun control that respects education and reason and science and healthcare and logic. Maybe it is time for that. Nothing else seems to work. 

Rumpole. 

THE CAPTAIN REPORTS:

OUR “WELL REGULATED MILITIA” HAS STRUCK AGAIN .......

On Tuesday, an 18 year old male wearing body armor walked into Robb Elementary school in Uvalde, Texas, pulled out a firearm, and slaughtered 21 human beings including 19 children who were there attending the second through fourth grades. It was two days before the end of the school year.

The attack evoked memories of one of the worst days in recent US history when, our “well regulated militia” struck almost ten years ago, as a young man walked into Sandy Hook Elementary, in Newton, Connecticut, and murdered 20 children and six adults.

Following the attack at Sandy Hook, President Obama and Vice-President Biden led the effort to get Congress to enact significant firearms legislation. Despite bipartisan support, led by West Virginia Senator Joe Manchin (D) (yes that Joe Manchin) and Senator Pat Toomey (R) of Pennsylvania, and in the face of the grieving parents of 20 elementary school children, legislation never made it to President Obama’s desk with the bill failing in the Senate by a vote of 54-46.

Since Sandy Hook, there have been no less than 3,500 mass shootings (defined as a shooting incident in which four or more people are killed or injured) in our country.

Our “well regulated militia” struck again when in 2015, it was at a Black church in Charleston, S.C., and then again at a government-funded nonprofit center in San Bernardino, Calif. They struck again in 2016, at a gay nightclub in Orlando. Again in 2017, at a country music festival in Las Vegas, and again, in 2018, when it happened in our own back yard at Marjorie Stoneman Douglas High School in Parkland, Fla.

A week after the MSD shooting, President Trump met at the White House with the families of the murdered students. He famously clutched a note card that read: “What can we do to help you feel safe?” and “I hear you.”. The next week, Trump stood up to the NRA by calling for comprehensive gun legislation and warned his fellow Republicans not to be petrified of the powerful gun lobby. But, the next day, Trump hosted the NRA’s top lobbyist in the Oval Office, and suddenly, all of the momentum for a post MSD rally to pass any gun legislation quietly faded away.

Our “well regulated militia” was not done. In 2018, they struck again at a synagogue in Pittsburgh. In 2019, on the same day, they struck twice, first at a Walmart in majority-Hispanic El Paso, followed just hours later by a shooting in a popular nightlife corridor in Dayton, Ohio. In 2021, it was at Asian American massage businesses in Atlanta.

And just last week they struck again at a supermarket in a black neighborhood in Buffalo, NY that left ten dead.

American Exceptionalism

America is exceptional at leading the civilized world in mass shootings.

America is exceptional at having more guns per person than any other country on earth. In fact, the estimate of civilian firearms per 100 persons in the United States is 121. The next closest country is Yemen at 53 firearms for every 100 persons.

America is exceptional in not requiring the registration of firearms.  There are an estimated 393,347,000 firearms in the United States as of 2017. Of those, only 1,073,743 are registered. The rest are not.

America is exceptional for having over 200 mass shooting having taken place already in 2022. That number works out to ten per week for the first 20 weeks of the year. There were a total of 693 mass shootings that took place in 2021.

America is exceptional for having already experienced 27 school shootings this year where someone has been injured or killed. In 2021, there were 34 such incidents of violence.

Today, before Game 4 of the NBA Western Conference Final between the Warriors and the Mavs, Golden State Coach Steve Kerr took to the podium and refused to discuss basketball. Here is what Kerr had to say:




“I'm not going to talk about basketball. Nothing's happened with our team in the last six hours. We're going to start the same way tonight. Any basketball questions don't matter.

Since we left shootaround, 14 children were killed 400 miles from here. And a teacher. In the last 10 days, we've had elderly Black people killed in a supermarket in Buffalo, we've had Asian churchgoers killed in Southern California. Now we have children murdered at school.

When are we going to do something? I'm tired. I'm so tired of getting up here and offering condolences to the devastated families that are out there. I'm so tired. Excuse me. I'm sorry. I'm tired of the moments of silence. Enough!

There's 50 senators right now who refuse to vote on HR8, which is a background check rule that the House passed a couple years ago. It's been sitting there for two years. And there's a reason they won't vote on it: to hold onto power.

So I ask you, Mitch McConnell, I ask all of you senators who refuse to do anything about the violence and school shootings and supermarket shootings. I ask you: Are you going to put your own desire for power ahead of the lives of our children and our elderly and our churchgoers? Because that's what it looks like. It's what we do every week.

So I'm fed up. I've had enough. We're going to play the game tonight. But I want every person here, every person listening to this, to think about your own child or grandchild, or mother or father, sister, brother. How would you feel if this happened to you today?

We can't get numb to this. We can't sit here and just read about it and go, well, let's have a moment of silence -- yea, Go Dubs. C'mon, Mavs, let's go. That's what we're going to do. We're going to go play a basketball game.

Fifty senators in Washington are going to hold us hostage. Do you realize that 90 percent of Americans, regardless of political party, want background checks -- universal background checks? Ninety percent of us. We are being held hostage by 50 senators in Washington who refuse to even put it to a vote, despite what we, the American people, want.

They won't vote on it because they want to hold onto their own power. It's pathetic! I've had enough!”

Have you had enough?!


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

Tuesday, May 24, 2022

JUDGE ROBERT SCOLA TO TAKE SENIOR STATUS

 DOM broke the story that Judge Scola is taking senior status as of October 31 this year.  2023. OMG HE'S TAKING SENIOR STATUS 2023 ABOUT 500 PEOPLE WROTE TO TELL US THAT. IT'S 2023 GOT IT? NOT 2022. OK? IS THAT CLEAR??

We pause to think that Janet Reno ran a pretty great office with great prosecutors, many of whom went on to become great judges. 

Bob Scola is at the top of that list. Along with Lenny Glick, Rob Pinero, Jerald Bagley, Jackie Scola, Marilyn Milian (whose TV career short-circuited what would have been a brilliant judicial career), Tom Peterson, Ted Mastos, Sam Slom, Gerry (Hawk) Hubbard, Leslie Rothenberg, Katie Pooler, Johnny Kastrenakes, Bill Altfield,  along with many others. 

Who are we missing? Reno era prosecutors who went on to become Judges? 

Monday, May 23, 2022

MONDAY WARNING

 (Que Jaws Theme music)

Just when you thought it safe to go back into the courtroom after Covid19....





MONKEYPOX!





Sunday, May 22, 2022

SUNDAY READING

 Here's some things about Rumpole that you probably did not know. This is strictly Sunday morning stuff. 

1) We cannot get enough of the Pete Davidson/Kim Kardashian stories. It is one of the favourties on our Apple News Feed. Now the thing is, we are not sure why Kim K is famous. Her dad was part of the OJ team and then several years later she seemed to be everywhere. Famous for being famous. But that doesn't stop us from gobbling up all the stories we can. 

2) The "How They Spend Their Sunday" is one of our favourite re-occurring articles in the NY Times.

3) We are a connoisseur of standup comedy. Not that we frequent comedy clubs and mix with hoi-polloi, We do not. Never did.  But  the history of Stand Up fascinates us. The rise of the Improv, Catch a Rising Star in NYC along with the Comedy Store in LA in the 1970s, and the history of the great comedians who got their start fascinates us.  William Knoedelseder's   "I'm Dying Up Here" is a great history of the rise of the Comedy Store in LA, which gave starts to Jay Leno, David Letterman, to name a few. The book also details the Comedy Strike which eventually got standups paid for their work. Prior to that, many standups fought for five minutes of stage/mic time with no renumeration.  And when the dust settles, and we can argue about it, George Carlin stands above the rest. 

4) What are your favourite Science Fiction novels? We haven't read a really good one in years and years. 

5) If you have HBO Max "Showtime Rise of The Lakers" is about as great a mini-series as you will ever see. The writing is crisp, funny, and smart. The acting is superb. At various times each one of the actors steals the show for that episode. Don't miss it. 

6) When you're next out and about look to your left and then your right. One of those people already had Covid, and the other is currently infectious with Covid/Omicron.  But you're so done with masks, right?  Covid is the prime example of how employing a philosophy could affect and potentially save your life. Certain types of collectivist philosophies believe that if you ignore something it will go away. The Russians are currently ignoring that they are getting their asses kicked in Ukraine. If they ignore it enough, their army will go away because will be wiped off the face of Ukraine. 

      Other philosophies, and we are talking about Ayn Rand's Objectivism here, hold that A is A and reality exists and cannot be ignored. Put another way, just because you are tired of wearing a mask and want Covid to go away, will not make it go away, no matter how many of your contemporaries smile and affirm your decision not to wear a mask. Maybe some of them will attend your funeral if they really like you. 

7) But let's end on a happy note. Let's see- the weather? Nope- 500 million people worldwide will suffer with global warming this summer (although if you're a conservative republican, you can feel free to ignore it and chant "drill baby drill". And if you're a conservative republican in a costal region, you can weather the floods from the rising oceans in your yacht).

 Biden is in Asia. But North Korean is threatening to shoot off an ICMB. Not that. 

The Supreme Court's term is winding down. But Roe is a goner, so not that. 

Hmm....bear with us, we will find something. 

(*tick*tock*tick*tock). 

Got it! 

TOP GUN MAVERICK IS BEING RELEASED THIS WEEK!  Enjoy your Sunday. 


Thursday, May 19, 2022

JAC ATTACK WHILE MIAMI BEACH RUNS FOR COVER

 As reported by NBC6 Miami, JAC has ordered one court appointed attorney to repay 282 thousand dollars in court appointed fees that could not be accounted for. The commission held a hearing. There was significant incredulity about the billing of more than 24 hours of work in a day more than 44 (That's Reggie Jackson's number with the Yanks BTW) times. 

Rumpole says....Practice Panther. Track your hours. Save your Bar license. Keep your fees. Very affordable. 

This makes all of us look bad. 

TAKE A PICTURE IN MIAMI BEACH...AND GO TO JAIL 

Meanwhile, the City of Miami Beach continues to prosecute people for taking pictures and videos of police officers...except when the case is set for trial. Then they run faster than a judge from a bar tab. 

Ace Herald Scribe has all the details of the latest act of cowardice of CMB here  and their prosecutor Yoe Lopez dismissing a case a year after arrest as it came to court for trial. Lawyer Dan Tibbitt, who doesn't take sh$t from any prosecutor or judge, and has won some very big cases, was ready for battle and took the win. 

Yo Yoe!  Your reputation is worth more than whatever Miami Beach is paying you to wreck the lives of people taking pictures. Are you going to arrest Ovalle if he takes a picture of a cop making an arrest? Or if he takes a picture of you getting your case whipped in court?

Yoe taking a loss and beating a fast retreat 


YOU CANNOT DO THIS IN MIAMI BEACH WITHOUT NEEDING TO HIRE RUMPOLE 



Wednesday, May 18, 2022

ZOOM DOOMED?

COMING TODAY (THURSDAY) AT 5PM- JAC ATTACK AND WHAT'S THE DIFFERENCE BETWEEN THE CITY OF MIAMI BEACH PROSECUTOR AND A CHICKEN?  

Now there is a move afoot by those who wear black and sit above the rest of us to end zoom court. 

Why? Because it's easier for clients and attorneys and that rubs those who wear black robes the wrong way. 

Judges are grumbling (ever wonder what they teach at those "judicial colleges"? "Grumbling" is a course) that lawyers aren't showing up on time, clients aren't showing up at all, and there is a general lack of respect. 

A couple of Rumpole thoughts.

Has the administration of justice stopped? Have trials stopped occurring? Have pleas stopped? 

We think not. 

The only thing that has happened is that lawyers can sit in their offices or palatial homes and Zoom from court to court and not have the 45 minute commute to court, and the 45 minute commute back. The environment is better for this- less carbon emissions. Clients are better off- they don't lose time off from work and that makes Judges nuts- not being able to inconvenience people and impose their importance on people's lives. If they are not the most important part of a person's day, then their existence, in their own minds, is diminished. 

Maybe that is too harsh, but then again, consider the source- Rumpole, 

If there is reason under those robes, then do not end Zoom Court. 

If you read the news and see that Covid/ Omicron is ripping through this country at an alarming rate, then don't end Zoom Court. 

But if your day is centered around supplicants coming before you, laughing at bad jokes, and bowing deeply when asking for a re-set of a case, then end Zoom Court. 

There should be a vote on this by the Judges. And the vote should be made public. 

Because the public votes as well, and if you proudly want to end Zoom Court then put a line through a Z and wear it as a badge.  Stand up and be counted. 



TED MASTOS ON JACK AND MORE

 This is what this blog means to be.  What Ted Mastos wrote. It deserves its own post. We would invite him and others to write more about the Mosler trial. And we call upon CJ Sayfie to start an REGJB Hall Of Fame. It can start with a list of names on a board, prominently displayed, and then we can go from there. 


 Theodore Mastos said...

It would be hard to be any more eloquent than the folks who have already spoken. He was truly one of the remaining Gerstein gang members who witnessed Richard Gerstein and Gerald Kogan in the Mosler trial. He was a lawyer's lawyer in every sense of the word. Jack could always be found in the cafeteria with a cup of coffee and stories from the past with eager young lawyers gathering around just to hear some of the stories. As I have often stated, it is a shame that REG is such a cold and austere building with no sense of the history that has unfolded over the years. Jack belongs in the Hall of Fame of REG greats who have walked those corridors. Jack should not be forgotten. I will miss him.