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.

Saturday, February 21, 2026

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. 

Friday, February 20, 2026

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. 

Thursday, February 19, 2026

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...

Wednesday, February 18, 2026

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



Friday, February 13, 2026

GRRR

 Here are the things bothering us today. 

Having to use Authenticator for logging on to CMECF. Thank You Putin. 

The never ending same commercials on all of our Sirius Radio channels including that very annoying guy who get's you out of your time share. If you were stupid enough to buy a time share suffer the consequences, especially since now we all have to listen to this annoying guy over and over and over again. 

Speaking of which, the sob stories by two people- one lost her husband, the second his father, and both them are urging us to buy life insurance. Sorry for your loss, but we are so done with hearing about your tragedies that, trust us, if we needed to buy more life insurance, we would not use that company that you are both shilling for hundreds of times a day. STOP IT. 

Valentines Day.

And St Patrick's day. And Easter. And mother's day. And father's day. And grandparent's day.  These holidays have all been coopted by the card companies to get you to buy cards, flowers, chocolate and beer (well, the beer is okay, but not the rest). 

Curling. These people are not athletes. They are regular Joes and Janes with skates and a broom. Jesse Owens they are not.  Stop calling it a sport. No one says "hey what are you doing today? Want to play golf?" "No, I'm curling." That never happens. Ever. 

Tenting our laptop when entering federal court. What does that prove? Nothing. NOTH>>>ING. Stop. Just run it through the machine. 

Have we mentioned how much we despise that guy who gets you out of your time share? Oh yeah. Well, it bears repeating. 


Wednesday, February 11, 2026

SIX DEGREES

It's time to play Six Degrees of Jeffrey Epstein!!! 

(Announcer) Jack Lang! Come on down and play six degrees of Jeffrey Epstein! 

Emcee: You were France's cultural minister when your family had financial dealings with JE.  Johnny, tell our contestant what he has won.

Announcer: You will be resigning from your current position as head of the Arab World Institute which you have headed since 2013. (Who knew the Arab World had an institute?). And you will be CANCELED and are currently facing at 86 a criminal investigation. 

Our next contestant, Mona Juul, come on down and play six degrees of Jeffrey Epstein! 

Emcee: You were Norway's ambassador to Jordan and Iraq when it was revealed that your husband had financial dealings with Jeffrey Epstein. Johnny, tell our contestant what she has won.

Announcer: You are being forced to resign and quit any participation in Norway politics. You and your husband are now being investigated for criminal wrongdoings. 

Moroslav Lajcak come on down and play six degrees of Jeffrey Epstein! 

Emcee: You were the national security advisor to Slovakia's prime minister when you exchanged emails with Jeffrey Epstein about young girls. Johnny, tell our contestant what he has won.

Announcer: You have been forced to resign and are being ostracized in your home country. 

Peter Mandelson come on down come on down and play six degrees of Jeffrey Epstein! 

Emcee: Peter you were a long-time fixture in British politics and were ending your stellar career with an appointment by current PM Keir Starmer as His Majesty's Ambassador to the United States where weekly parties and high-end dinners and socializing with the top politcos in DC was in your future. Johnny, tell our contestant what he has won. 

Announcer: You have been forced to resign and end your career in shame. 

And finally, Andrew Mountbatten-Windsor come on down and play six degrees of Jeffrey Epstein! 

Emcee: Andrew MW, your relationship with Jeffrey Epstein has cost you all your English Titles, a Lordship, several peerages, your home, all of your honorary military titles, and you are now an ostracized figure upon whom scorn is heaped by your fellow countrymen. You have been exiled to a rundown farmhouse where most of the servants that are employed as caretakers have refused to work there if you are living there. 

And that is today's edition of Six Degrees of Separation with Jeffrey Epstein. Don't miss our special upcoming editions where former President Clinton and former secretary of State Hillary Clinton will be testifying before congress about their encounters with Jeffrey Epstein including the former president's trip to Africa on Air-Epstein. 


Monday, February 09, 2026

OLA!

 We are old enough to remember the   English Only crusade that tore into the Magic City in the early 1980's. Indeed, there is now a play about it-  called English Only by Nicholas Griffin, author of the definitive account of the drug wars and Mariel Boat lift- The Year of Dangerous Days: Riots, Refugees, and Cocaine in Miami 1980. 

We thought those days were behind us. We learned enough Spanish to order meals, ask for more beer and the check, and accepted Miami as the international city it had become. 

And now comes this: 


So, here we go again???

Cue Jaws theme: Just when you thought it was safe to go back into the DMV... 

But wait! There's more!! 

While the Florida DMV is English Only, the Super Bowl halftime show was Spanish only courtesy of the Bad Bunny.  That must have gotten the attention of the DEI hatein' maga drones in Tallahassee and DC. 

We nailed the coin toss, Seattle -4.5 and the under 45.5 (barely) and overall had a very good $uper Bowl. See ya in 2027 (maybe).