SIXTY SIX YEARS APART

 These two pictures, of classic American achievement were taken sixty-six years apart. 

There is nothing we cannot accomplish as a nation united. 

Happy Memorial Day. 

SO, YOU WANT TO BE A JUDGE IN MIAMI-DADE COUNTY .......

THE CAPTAIN REPORTS:

UPDATE (NO UPDATE): 

Updating our readers on the open seat on the 3rd DCA (read below). The Governor was constitutionally required to fill that open seat by May 16 (60 days after receiving a certified list of nominees). Today is Day 66, and still no replacement. This despite emails being sent to General Counsel Axelman, AGC Gustafson (in charge of judicial appointments), and multiple phone calls and messages left for each.

FOUR NEW JUDGES (& MAYBE A FIFTH) COMING TO A COURTROOM NEAR YOU .....

We previously reported to you that there were five open seats to be filled on the bench in Miami-Dade County, including two on the Circuit Court, two on the County Court, and one on the Third District Court of Appeal.

Today, the 11th Circuit Judicial Nominating Commission (JNC) certified its list of nominees to Governor DeSantis for four of those vacancies.

The nominees to replace retiring Circuit Court Judges Jose Rodriguez and Marcia Caballero include ten sitting County Court judges and two private attorneys:

Natalie Costea
Hon. Rita Cuervo
Hon. Miesha Darrough
Christian Dunham
Hon. Alicia Garcia Priovolos
Hon. Christopher Green
Hon. Chiaka Ihekwaba
Hon. Jennifer Tautman Levin
Hon. Natalie Moore
Hon. Stephanie Silver
Hon. Eleane Sosa-Bruzon
Hon. Michelle Urbistondo

As for the two County Court vacancies, I fully expect handwritten thank-you notes from all twelve nominees, thanking Captain Justice for creating these openings in the first place. 

My loyal readers will recall that Governor DeSantis and his General Counsel’s Office somehow managed to “overlook” these vacancies for more than seven months after Judges Yara Klukas and Jason Reding Quinones submitted their resignations. Apparently, nobody in Tallahassee remembered that the Florida Constitution actually requires the appointment process to begin promptly after a judicial resignation.

Only after Captain Justice emailed General Counsel David Axelman and pointed out the obvious constitutional problem did the Governor — on the very same day as my email — finally initiate the process to replace both judges.

Amazing how that works.

The nominees for the County Court vacancies include: 

Shawn Abuhoff
Johanna Benedi
Natalie Costea
Christian Dunham
Aaron Feuer
Kimberly Hillery
Scott Janowitz
Yvette Lavelle
Gustavo Losa
Jeffrey Pierce
Patricia Salman
Alexander Shear

Governor DeSantis now has 60 days to make four judicial appointments.

THIRD DCA

Meanwhile, over at the Third District Court of Appeal, the Governor’s Office continues its troubling pattern of treating constitutional deadlines as if they were merely “suggestions.”

The Third DCA JNC certified six nominees to Governor DeSantis on March 17 to replace Judge Kevin Emas. Article V, Section 11(c) of the Florida Constitution could not be more clear:

“The governor shall make the appointment within sixty days after the nominations have been certified to the governor.”

The 60-day deadline expired on May 16. Since that fell on a Saturday, the appointment should have been announced no later than Monday, May 18.

Today is Day 64.

Still no appointment.

Captain Justice sent yet another email today to General Counsel David Axelman asking why the Governor’s Office continues to ignore the constitutional deadline.

If Mr. Axelman actually responds this time — which would itself qualify as breaking news — I will certainly update our readers.

For the record, I never received so much as a courtesy response to my prior emails or telephone calls to his office.

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

MOGGED ???

 There's a lot going on here, and admittedly we are straying from our milieu and are not quite fully knowledgeable about the players and the vernacular. 

Here's what we have been able to discern. 

There's some guy who is IG famous who goes by the name Clavicular.   As near as we can tell, he kisses girls in clubs and posts videos on social media. A good job if you can get it. 

One day he shot at some alligators. And then, unlike Jed Clampet, who also fired his weapon improvidently- but with much better results, Clavicular got arrested. Typical Miami story: Boy kisses girl in club; boy posts video; boy goes to Everglades the next day and shoots at Gators; Boy gets arrested. 

But then there was, much like in Justice Cardozo's famous decision in Palsgraf v. Long Island Railroad (currently the LIRR is on strike, but we are not posting about it...just sayin...), an unforeseen and intervening factor that set the internet and social media ablaze... 

Namely, Judge Bach-Armas, who has been accused by those in the know on social media of Mogging Clavicular.  Say it ain't so, Joe. 

Now we know much. We can take an IG social media star, and link him and alligators with a Cardozo decision and the Beverly Hillbillies. We can quote Spinoza endlessly. But we do not know everything. And therefore, what we cannot tell you is if Judge Bach-Armas Mogged Clavicular. 

Maybe you can assist us? 

Accused of Mogging 

Mogged? 

If you just run a search asking if Clavicular got Mogged, you'll get hundreds of hits. 

Here is Channel 6  reporting on our REGJB judge. 

DARKNESS ON THE EDGE OF TOWN

Cuba has no oil. Cuba has no source for energy. Cuba is unable to produce electricity. 

Cuba is dark. 

Thursday CIA chief John Ratcliffe flew to Cuba and met with officials, but not the leader. 

Is this the start of the change we have been waiting for? 

Well, everybody's got a secret, Sonny
Something that they just can't face
Some folks spend their whole lives trying to keep it
They carry it with them every step that they take

'Til someday they just cut it loose
Cut it loose or let it drag 'em down
Where no one asks any questions
Or looks too long in your face
In the darkness on the edge of town
In the darkness on the edge of town

Darkness on the Edge of Town, Bruce Springsteen. 

MOUNT RUSHMORE

 We've been wanting to do this for a while. For those of you unfamiliar with the Mount Rushmore challenge, it is picking the four best of something, like steak sandwiches, Dolphin Players, etc. Herewith is our Mount Rushmore of REGJB judges, with the following parameters: 1- no current judge; 2- circuit court judge; 3- Impact on the court system and community versus smartest, best, nicest, etc. 

4. Stanley Goldtsein. First Drug Court Judge of the first drug court in the nation. Brought into the criminal justice system the concentrated and systematic approach to helping a defendant end their drug addiction and break the cycle of arrest and incarceration. A former Miami Motor-cycle cop, and a heck of a nice guy to boot. Judges and defendants in drug courts around the country are all sitting in the shade of his oak tree that he planted decades ago. 

3. Ellen Morphonios. One of the first female circuit judges (Mattie Belle Davis was the first Judge in Miami we believe, but she served in the old Metropolitan Court) and in 1970 became the first female circuit court judge elected to the bench. Prior to becoming a judge she was one of the first female prosecutors hired by State Attorney Richard Gerstein. Groundbreaking, she often was larger than life because of her over whelming personality - did you know she hosted a late-night radio talk show when she was on the bench?. Said "sorry Merc" when she gave Dolphins star running back and member of the legendary 1972 undefeated team the fifteen-year drug trafficking min man (later reversed on appeal). Not our favourite judge, but once she got to know us, she treated us well, and while defendants got slammed for losing, she let most everything in for the defense, turning trials into wild west shootouts. She makes Mount Rushmore based on her legend, her over-sized personality, and her tight control over her courtroom- announce ready for trial during the initial calendar call and everything stopped and a jury was brought down. Were there many judges who were "better" than she was? Sure. But none cast as large a shadow. 

2. Gerald Kogan:  a legendary trial judge who on December 30, 1986 was appointed from his seat in the REGJB to the Florida Supreme Court (and how we know this from memory is a clue to our identity...). Justice Kogan eventually became Chief Justice of the Florida Supreme Court-local judge makes good. He had as great a legal mind as any judge or lawyer you will ever come across, and he was as humble as pie. 

1. Not a close call. Brillant. Given to quote scripture in a southern homespun way (often said "well bless your soul" in response to an objection, causing confusion amongst the lawyers over whether the objection was sustained or overruled) and the Judge who presided over Ted Bundy and sentenced him (see below). In many ways the Judge against whom all other judges who sit at the intersection of 12th street and 12th avenue are measured. Our number one judge on the REGJB Mount Rushmore is none other than the Honorable Edward Cowart.  

Turn up the volume so you can hear Judge Cowart sentence Bundy to death and then tell him that he wished he had taken a different path in life and would have enjoyed having Bundy appear before him as a lawyer.  

This is a highly subjective list, subject to many "I can't believe you left off..." critiques. Who we struggled not including included the legendary Seymour Gelber, whose work in juvenile court is unparalleled (and thus doesn't make the REGJB Mount Rushmore); Fredericka Smith, one of the first female circuit judges to serve in the REGJB, she was simply brilliant as all lawyers and her colleagues knew; Margarita Esquiroz who was the first Hispanic female circuit court judge, and a great judge -period; and  our blast from the past- Dick Fuller- who was tough before Morphonios ever got her reputation. One of the real old guard judges who served decades and was on the bench as Miami transitioned from a sleepy southern town in the 1960's to the turbulent 1970's.  He ran his courtroom with a traditional flair that is unheard of (and unrecognizable) today. 

Okay, have at it. 

WOMEN'S COURT

 Hawaii, of all places, has instituted a Women's Court- asking this question:

 Can we create a system of justice that looks wholly different from what most of us imagine when it comes to crime and punishment, while still demanding accountability from perpetrators? What if court were a place that afforded someone the opportunity for a complete reset, with entryways to jobs, housing, education? What if instead of punishing people who’ve been broken many times over, we helped to heal them?

The answer, of course (DeSantis drones, click away now- this will be offensive to you) is a resounding yes.  Why?

The avenues that lead women to jail tend to differ from those for men. Criminologists have long understood this. What happens with women is often a layering of trauma and abuse. They might have economic instability or mental health challenges that allow them to be exploited by violent partners. They might exchange sex for food or housing, and then get arrested for any number of infractions: prostitution, trespassing, drugs. The criminal-justice researcher Stephanie Kennedy calls these “crimes of survival.”

Before we had a bench full of Federalist drones (who don't understand the philosophy, but love anything for an appointment) we had judges like Stanley Goldstein (a former Miami motorcycle cop) and Jeffrey Roskinek (a former Gables high school teacher) who believed more in the person before them than the strict application of every law to every person every time the same way. In other words, they were judges who used discretion to make the lives of the people before them better, rather than calling balls and strikes.  Not surprisingly Stan Goldtsein was the founding Judge for Miami's first in the nation drug court, and Judge Rosinek succeeded him and took it to new and greater heights.  Both men proved that when judges, prosecutors and defense attorneys work for the good of the defendant, great things happen. Rehabilitating a person saves them and saves the taxpayers enormous sums of money in moving someone out of the revolving door of prisons. 

In other words, locking someone up doesn't do a damn bit of good for the vast majority of people in the criminal justice system for non-violent crimes (or BS "violent" crimes like agg assault with a squeegee- yes that was a real case in Miami) when the reason they keep getting arrested has an identifiable genesis - like drug addiction or being in an abusive relationship, or enduring an abusive childhood. 

Of course in Miami the State Attorney's Office (victim wants max) and the Judges all vying for the next appointment to the 3rd DCA or Supreme Court all believe that guidelines are guidelines and judges don't make policy ("great argument counselor, please make it to the legislature, motion denied"). They  are fully invested in the punishment not rehabilitation paradigm of criminal justice. How's that working out for you? How do you feel sentencing a twenty-year-old to decades in prison for a drug crime? Are you doing the lord's work trying to become the next judge or prosecutor with the nickname of maximum...?

The program in Hawaii, reported on by the failing NY Times here, works. As does veterans court, drug court, mental illness court, and so on. Because what we know- from the statistics- is that for 98% of cases in the criminal justice system, the defendant and the community benefit when all parties in the system work together to provide the client support rather than blindly punish her if she pleads or goes to trial and loses (not that there's such a thing as a trial tax! Oh no no no. No one gets punished for losing a trial. 6th Amendment and all that doncha know.) 

Is there a bitter edge to this post? Ya Think? What gave it away? 

It's our knowledge that almost (with a few exceptions) no judge or prosecutor in this community would ever risk their career for doing the right thing for someone.

Less than 50 days and counting and some days it cannot end soon enough. 

 

COURTS CLOSED FRIDAY

 Did you know courts in Miami-Dade are closed tomorrow- Friday? We did not. It's National Pineapple on Pizza Day, or some such other nonsense. 

Did you know it's day three on Friday of the jury deliberations in the Haitian President Assassination case? Longtime and careful readers know how we feel about Friday verdicts. Avoid at all costs! 

A crime against Pizza 

Okay, while we still have time, lets finish up some important blog business. Pineapple on Pizza? We say it's a crime. You? 

Your pizza toppings? Our go-to are onions and mushrooms. We are not averse to having ranch on the side, and we are a big fan of putting our salad on our pizza. There are some new slice and pie places in Miami. What should we check out before we check-out of Miami? 

Enjoy your weekend.