Wednesday, March 14, 2007


Word reaches us that senior Judges from Miami and North of the Border have applied for re-certification.

Any persons having knowledge bearing upon the fitness or qualifications of any of the senior judges on the list to continue service as a senior judge should send written comments to Thomas D. Hall, Clerk, Florida Supreme Court, 500 South Duval Street, Tallahassee, Florida 32399, or by e-mail at seniorjudge@flcourts.org, or by telephone to the chair of the appropriate review board as noted on or before April 13.

The Miami Judges:
Review Board Three (Judge Gerald Cope, Jr., chair, (305) 229-3200):

Jack Block, Eli Breger, Phillip Cook, Robert M. Deehl, John W. Dell, Richard Y. Feder, Seymour Gelber, William E. Gladstone, Edward S. Klein, Gerald J. Klein, Gerard J. O’Brien, Jr., Leonard Rivkind, Michael H. Salmon, Alan R. Schwartz, Martin Shapiro, Herbert Stettin, and David L. Tobin.

North Of the Border:
Review Board Four (Judge Frederick A. Hazouri, chair, (561) 242-2078): James E. Alderman, Richard B. Burk, Marc A. Cianca, David C. Clark, Patricia W. Cocalis, Harold J. Cohen, Walter N. Colbath, Jr., Robert O. Collins, John E. Fennelly, Robert J. Fogan, Howard H. Harrison, Jr., Barbara S. Levenson, Hubert R. Lindsey, Mary E. Lupo, Gerald Mager, James A. McCauley, James W. Midelis, John A. Miller, Estella M. Moriarty, W. Herbert Moriarty, Robert H. Newman, Jerry Pollock, Edward Rodgers, and C. Pfeiffer Trowbridge.

Rumpole says: Gerry Klein- he’s a treasure (the FACDL doesn’t think so, but who cares what they think?). He does the work of two Judges and still gets on the golf course most days. We encourage everyone to email comments about Judge Klein. We also support Judge Tobin, Judge Schwartz, and Judge Salmon. We don’t have any negative opinion about the other Judges, we just haven’t been in front of them lately.

As to North of the Border, certain religious vows cause us to aver that we cannot say anything nice about any Judge up there- except- if there was ever a Judge who didn’t belong in Broward- its Judge Fogan. A wonderful man. He started the Broward Drug Court, and makes Judge Rosinek look like a tyrant.


We Just can’t keep our noses out of Mr. David O Markus’s business and blog.

Fresh on the heels of his foray into the contretemps surrounding Judge Highsmith (who once loudly chewed us out for asking for an interpreter when out client responded “yes” in court- and didn’t want to hear that “yes” was the only word in English he knew.) comes this mess:

From our favourite federal blogger’s blog yesterday:

"David Markus" ineffective
So the calls and emails started rolling in this morning. Who was that lawyer taken to task throughout the opinion in
Richard Thompson v. United States, they asked.

I quickly jumped onto the 11th Circuit website and read today's opinion.

The coffee I was sipping went all over my desk!

Judge Barkett, writing for the 11th Circuit, in a published decision explained how criminal defense lawyer "David Markus" was ineffective for a whole host of reasons.

The thing is, it's not me -- it's the other criminal defense lawyer in town named David Markus. He's David Scott Markus. I'm David Oscar Markus. The court didn't use any middle initial. So now what do I do? Any suggestions?

Rumpole sez: The ol’ "It’s the other guy with my name defense” huh? .

We do that all the time in State court. Rarely works.

Actually, the good news for clients in South Florida is that either David Markus you hire for a criminal case is an excellent lawyer. We don’t know the particulars of the decision written by Judge Barkett (it’s going to take more than this to get us to read a case) but we do know about David S Markus. He is a former prosecutor, and an excellent and well respected criminal defense attorney. Perhaps that David Markus will be blaming some other David Markus. If this keeps up, there might be a real identity defense here.

Anyway, its been a tough week for our favourite federal blogger.

A couple of six figure federal fees should snap him out of it.

But since he sought advice, we refer him to the wonderful Bard, whose prose we read for succor and sustenance of the soul:


'Tis but thy name that is my enemy; Thou art thyself, though not a Montague. What's Montague? it is nor hand, nor foot, Nor arm, nor face, nor any other part Belonging to a man.

O, be some other name!

What's in a name? that which we call a rose By any other name would smell as sweet;

To which we humbly add:

Markus, doff thy name, And for that name which is no part of thee -Take all myself.

Of course, the Bard didn't have to worry about Google searches from prospective clients.

See You In Court trying the "its the other guy with my name defense" again.


Rumpole said...

You death penalty people- hang on. I'm going to take the best of the comments and devote a post to them. Meanwhile, I'm just having too much fun at Mr. Markus's expense to stop.

Anonymous said...

Who gives a shit about confusing names anyway - its not like it can ever confuse people and cause some innocent problems!

s/ Fake Ted Kennedy

Anonymous said...

certify David Tobin Oh My God!



Breaking News:

FACDL-Miami elects new officers for 2007-2008:

President: Barry Wax
Vice-Pres: Rick Freedman
Treasurer: Hector Flores
Secretary: Sabrina Puglisi

Good Luck to Mr. Wax and his Board.

CAPTAIN OUT ...........

Anonymous said...

is that "David E. Marko" aka David Marcus ?

Anonymous said...

BARRY WAX has got to be one of the best guys around.

Best of Luck!!

Anonymous said...

Favorites for 3rdDCA:

Judge Venzer
Judge Piniero
Judge Farina
Judge King Leban
Judge Faber

In case you want Judge Judy on the 3rdDCA lets include her twin Judge J.B. Cohen (i'm kidding).

Anonymous said...

gosh how hard can it be to instruct Ms Blanks to issue 300 hundred PCA orders.

Lets review qualifications for the Third District Court of Appeal.

1. Must be able to spell the word PCA,

2. Must be able to write an opinion that is guaranteed to not be in conflict with other DCA's and insure no possible conflict review from the Supreme Court,

3. Must be able to write an opinion that has no bearing on the facts or evidence in the record (see #2),

Bloggers add to the qualifications list....

Anonymous said...

THERES the blog I love so much - "didn't so and so get arrested years ago?"

We're back!

Anonymous said...

The REG-MJB Markus had some personal issues a while ago. He is a hell of a good lawyer, and I should know -- I am on the other side.

Anonymous said...

captain, who is the current prez of FACDL-Miami? O markus the federal blogger or the state court one?

Anonymous said...

David E. Marko is neither David O. Markus or David S. Markus. David E. Marko is a civil lawyer who is partners with the Big O. You all know the Big O from the Hatfield and McCoy's fight (aka De La O and McGillis) that broke out on this blog a while back.

Rumpole said...

I removed some posts because they were vicious. The David M from state court will readily admit that he has had in the past-issues for which he has atoned. Let he who has not sinned cast the first stone. He is a very very smart-good-and ethical attorney. The issue now is the 11th Circuit's ruling finding fault with his representation of a client- not some personal problem that he had. And by the way- his courage in dealing with his personal problems in an open and honest way- and his concern for others who are currently battling similar deamons- is something to be respected, not trashed.

Rumpole said...

The current president of the FACDL is David O Markus- the federal blogger- and the lawyer we have been making fun of all this week.

Anonymous said...

"Hatfield and McCoy's fight..."

new to the blog explain yourself

Anonymous said...

In Thompson v. U.S., the 11th Circuit reversed the Southern District of Florida on their denial of Thompson's ineffective assistance of counsel claim.

At trial, Thompson's two co-defendants were given 46 months after their motions for minor role reductions. Thompson's lawyer made an ore tenus motion for the same minor role reduction. Thompson's motion was denied, and the court sentenced him to 57 months.

The 11th Circuit describes Thompson's interaction with his lawyer on the matter of appealing his sentence by noting, in part, the following:

1)The lawyer knew Thompson was unhappy with his sentence.

2)The lawyer informed him of his right to appeal after the judge had already done so.

3)The lawyer told him he did not think the appeal would be successful, but did not further discuss the appellate process.

4)The lawyer did not know if Thompson understood his right to appeal.

5) The lawyer did not communicate with him further during the ten day period during which Thompson could have appealed.

The above "consultation" was not sufficient for Thompson to either intelligently or knowingly assert or waive his right to appeal.

The 11th Circuit reversed the district court and vacated the sentence.

The case gives a good summary of a defense counsel's obligations regarding advising defendants on their right to appeal.

link to opinion:


Anonymous said...

Who Cares? People make mistakes. Geesh.

All I want to know is if either of these dudes went to Killian. It sounds like one is a pompous person and the other is cool and ethical who admits his mistakes.

Damnit! Did either go to Killian?

Also, why wasn't this answere by the last poster.........hmmmm.

Anonymous said...

David O. Markus, the federal blogger, went to Killian High School and debated.

Anonymous said...

Aloha Mr. Markus,

I know that dude. Far out. He never came inside our van before the debate tourneys in the parking lot. I don't remeber much of them, but, I do remember beating him once and him becoming quite irate! A no name like me took him down in something called Lincoln-Douglas Debate.

In his defense, I will say he was an excellent debater. But, his Achillees, as I recall, was his ego. Alternatively, we all have egos and it seems as though he's had some great success.

To be fair, a lesson I learned from Mr. Hand, the Markus Brothers should throw a party or something and give us all free booze.

Truly, he wasn't such a bad guy and I noticed him getting ripped for what is usually him being misunderstood and the perception of him.

I don't know how long you guys have been on his ass, and, perhaps in good fun, rightly so.

But, he probably doesn't like getting slaughtered over here and even Spicoli feels bad (somewhat). I know where you guys are coming from.

I'm assuming Rumpole will not object if Killian Markus provides mass quantities of booze on him?


p.s. Fed. Markus...you were very good. But, that one round, you were no daisy, no daisy at'all! Smile dude.

-Spicoli thanks above poster dude or dudette.

Anonymous said...

Aloha Mr. Anonymous,
Man, I surfed over to that dude's website and it seems like he's done a good job of self promotion. I feel ya though. He's not all too bad. And the other fella seems like a good man too.

Uhhh.....I think everyone should light, I mean, lighten up.

Killian Markus, as I remember, lightened (not to be confused with activities in my Van and Vans) up as he grew older. I was a bit younger and as he got older, he was good to the younger debaters on his squad. I went to a rival school.

Later, it got ugly when switchblades and broken beer bottles came out when we were debating whether sanctions against South Africa during Apartheid were justified.

Man those days were cool. Them debate chicks knew more than how to tie a knot on a tie.


Anonymous said...

How about a change of subject. Can someone please draft a law or change a rule and do away with depositions, please? With no depos all cases could sound ready within 6 to 8 weeks. Depos are colossal waste of time and money.

Anonymous said...

Small small world. David E. Marko and the Big O debated at Jackson High. Bill Barzee debated for Gables. How many other debate geeks out there?

ps It is going to drive Marko, De La O & Barzee crazy trying to figure out who's outing them as debate dorks.

Anonymous said...

Dude, I played hoops and football. I never got more action than at a debate tournament one. Two: The reason why a lot of us a pretty good lawyers is because we've been doing the same shit for years!

There were like 4 or 5 Markus' as I recall.

P.S. to the last poster, I'll take you on the court of law or on basketball court. I'll even spot ya some points! You missed out on a ton of extracuricullar activities and stuff. It's cool. Change the topic. I just wanted to know if that was the same dude. Later.

Anonymous said...

all the markus boys are more than just o.k. everyone pisses off someone at sometime. but, some free liqour would be good.

and that's the truth, RUTH.

Anonymous said...

more debate geeks:

howard pohl: miami-norland

matt hodus: miami high

jonathan blecher: north miami beach

kevin emas: palmetto

david young: north miami beach

dan gelber: miami beach

Anonymous said...

if not doing depos is good enough for sy gaer, why does anyone need depos? obviously the grand master (not to be confused with the trial master) has the science down...

Anonymous said...

State David Markus has a letter of recommendation from Ted Bundy (I think).

Anonymous said...

Markus was an intern at the Tallahassee PD in law school. He has a letter and a plaster cast of Bundy's teeth hung up in his office.

Anonymous said...

federal markus tries more cases in federal court than just about any other lawyer. he just got out of a trial in front of judge graham where he walked his guy of the drug counts.

Anonymous said...

yeah, but before that the last trial was only a 6 week one in savannah where his client was acquitted, and then there was the other 6 last year.

AND NO BABIES, I'M NOT MARKUS! 9(neither of them)

Now go get some more doritos

Anonymous said...

How is George Cholakis doing, is he working?

Anonymous said...

Saw George last night. He is 'coping', but not doing great. No job. Facing a very scary future. Needs to hear from his real friends. A kind voice in troubled times has great value.

Anonymous said...

yeah he was "coping" all right.

Anonymous said...

Suppose Satan were incarcerated without chance of escape or parole. What would the justification be for killing him?

Anonymous said...

Did I miss what Markus did, other than win a bunch of federal cases, to cause the children to come out and whine so much?

Anonymous said...

Rump, can you give me some advice on how I can stop my urge to trash every name I see on this blog? Why do I have so much jealousy and anger? Can't I just enjoy the success of others, can't I just discuss what's important? Can't I just get a life and work on my own career? Why does it not bother me that most of what I say is not true? I don't even know any of these people of whom I speak ill of. Why am I so low?

Anonymous said...

cali cartel? those guys are doing 30 on a plea. don't brag about that one son.... however, marcus is a good guy and a good young lawyer.

Anonymous said...

The feds were going to indict their entire family if they didn't plea. Sounds like a good deal to me

Anonymous said...

Dear Jason grey.

That is moronic.

Anonymous said...

I have my drawings from kindergarten still. Nothing wrong with keeping them.

Anonymous said...




Anonymous said...

Aloha Rumpole,
Let me just air out my van. Awesome. Totally Awesome. I just remember the same sort of persona he projected when I was in eighth grade.

But, once I kind of got to know him as he was graduating and I was up and coming in the (unkonwn factory of band camp ladies aka debate geeks), I've gotta tell you, he really wasn't all that bad. In fact I think I fooled around with one of the younger girls on his squad. But that may have been some other school. He was a wiz at Lincoln Douglas. Which, I liked better than hoops and football. Cheerleaders were too much work.

Anyways, you have yet to sound off since I posted the debate angle. It's the weekend. I'm ready to go get drunk when the rain lets up.

I have a question for all... I'm assuming he now presents the persona I interpreted in Eighth grade. Does anyone try to talk to him? I remember him kind of busting on me and once I beat him that stopped. Then we got to taliking, and, for what it's worth (nada really) he was cool by me when he reached his senior year.

Far out Rumpole. People have spent this much time busting on him. I'm sure I did the same in 8th grade. I'm all for some good ribbing. But, the bottom line is just that. I haven't seen this guy in about 18 years. His track record is pretty cool. If that's him bragging about it, I would respectfully advise he not do such. Further, he loses any tactical advantage he has by being the braggart portrayed. That's how I beat him. Everyone knew he was this older attorney, and I played possum with a "lay" judge and one other time with a "real" judge and it worked both times.

I guess he was a prosecutor. As a lifelong defense attorney, I get it. His batting average getting shoved in our faces by someone we don't even know is him pisses one off.

But, I'd rather have a bunch of anon's ragging on me and a ton of cash in the bank. Even if deserved. Objectively though, I recall, him at first being an egocentric sort. Later, he chilled.

Maybe this blog is some kind of Instant Karma. I really doubt he intends to make everyone this pissed off. And, if he could take back whatever wrongdoings he did, I'll bet he would.

Love that I'm not any of those Debate Geeks above BTW. There was another Marcus at Pompano but I don't know what happened to that dude. Not me. None of them. Soddi. Wrong.

Rumpole, I played in the NFL. The National Forensics League. On the Frozen Tundra of Glenbrook North and South. And at Nationals. Further, I'm convinced, I learned more about women there than in any other environment in high school. It was even cooler in Junior High. Not too mention, it really helped walking the State Court Defendants.

How long are you gonna torture this poor kid? I admit, it is amusing, especially if one was a victim of him being a prosecutor. But, there's someone behind the screen blogging on his site. I gav him a hit last night. Not a good hit, a post.

Chill. How about roasting someone who really deserves it... Like fucking Karl Rove! Or DICK cheney. Or the only bad bush in the world. GW. What can I say, I feel bad for a dude I haven't seen in years.

Anonymous said...

it's ok, we're on to barzee now, so we can say a bunch of stuff about him thats not true, and move on to his sister, and then anyone who knows him, and then some other name will be mentioned, and we'll move on to them.

trash, trash, trash, nothing else in my life to do.

Anonymous said...

plenty in my life to do. just wanted to give an alternative perspective on those who have nothing else in life to do than sing the praises of the undeserving.

Anonymous said...

YOU deserve praise Anon - I PRAISE YOU - YOU ARE THE BEST

Anonymous said...

Spicole, the federal Markus from Killian debate was never a prosecutor. Always a crim def lawyer who used to be a fed pd. the state markus was a pros.

Anonymous said...


If you are too lazy to take depos, then don't take them (but that would be a great disservice to your clients). But for most of us, they are crucial ... why should you be permitted to take depos in civil cases but not in criminal cases, where it is a person's liberty and not $$$ that is on the line? Sorry Jason, but that response was just dumb.

Anonymous said...

depos are crucial? I think I've taken less than 5 "crucial depos"

Anonymous said...

Cool. I just think it sucks when the adversarial system we dwell in on the inside takes place on the outsde. But, admittedly, it did amuse me and I figured out that the dude I knew at Ridgemont/Killian is around and doing ok. Good to hear the other Markus is doing well too from what people have said. Really, this is just a good old fashioned cut down fight. Both are seemingly excellent lawyers. Spicoli got his bracket smashed.

Surprised we didn't get any bracketology or did I miss something...



Anonymous said...

I love this blog but if people are going to comment on others the information should be accurate. People have written that David Oscar Markus represented the "Ochoa Brothers" - Wrong - he represented the "Rodriguez-Orejuela Brothers;" That he "doesn't try cases" - Wrong - he tried more cases as a federal public defender and in private practice than 99% of federal practioners; That he is an arrogant snob - Wrong - this guy helps out more lawyers that need a brief or some guidance and does more freebies for clients than the majority of other lawyers. Plus he is a good dude. And shit, the guy wins a lot in trial too - no reason to be a hater because of that.

Anonymous said...

I have a nice investigation going on Sr Judge Philip Cook- he was nothing short of murderously cruel in sentencing a 4 year old girl to a life in Hell- aka, a former Soviet state- and attempting to alienate her from a great and loving father. Joe Carrillo is handling the investigation- any help in other case examples would be helpful. The custody order he signed was brilliantly designed to deny all parental rights and contact. Post here or contact me- philip_usa@yahoo.com

Anonymous said...

Short and Simple: All off the Judges in Broward County need to get voted out or get the boot from the JQC. The county needs a fresh start with their judiciary.