Wednesday, October 17, 2007

Judge Martin Greenbaum Has Passed Away.

UPDATED with a remembrance below of Judge Greenbaum by David S Markus

A reader reports that former Judge Martin Greenbaum has passed away. His funeral is tomorrow in Miami Beach.

It should be noted that former Circuit Court Judge Martin Greenbaum has died,and the funeral will be held on Thursday,October 18 at 1:00 P.M. Riverside Gordon Chapel on Alton Road,Miami Beach.

Rumpole says: While I cannot tell you the details of Judge Greenbaum's life and career, I do remember him as one of the "old school" Judges.
The Herald article is HERE. I was surprised to see that he served until 1997. He must have gone to civil for part of that time. I remember him as being kind to lawyers, and I do not recall anyone saying anything negative about him. The Herald obit has lots of nice information, including his love of Shakespeare and puns from the bench.

It's important we celebrate the lives of those who have contributed to our profession and our community, and we would like to hear from those who knew Judge Greenbaum better.


UPDATE:
David S Markus (not the federal blogger) took the time to write in with this wonderful memory of Judge Greenbaum:


One of the first cases I tried (and lost) as a defense attorney was before Judge Greenbaum. My client, a butcher got into an argument at work with a fellow employee and stabbed him with a boning knife.The knife went completely through the victim's body and the ASA argued that fact proved that my client was trying to kill, not merely stab. This became the theme of the state case to prove intent and I didn't really have much of a response to it. The jury came back agg batt, despite my lack of a cogent response to the state's argument. After the trial, Judge Greenbaum took me aside and asked me if I knew what a boning knife was and what its function was in a kitchen. I confessed I did not. He was truly offended by my poor performance and took the time to teach me how to be a better lawyer. He asked me how I could try this case, knowing that the thru-and-thru wound was going to be the main feature of the trial, without knowing that a boning knife was the sharpest knife in the kitchen and is designed to easily pierce and pass through meat, something I learned many years later when I went to cooking school. I mumbled something about reasonable doubt about intent, thinking I had done a good job because the verdict went my way.That day, I learned how to think about my cases using common sense and not law school rhetoric. As a prosecutor, I never had to think "outside the box". As a defense attorney, sometimes that is all that is left for us to do. It is a lesson that has served me well over the past 20 years. I never tried another case in front of Judge Greenbaum, but I thought of our conversation often, usually when I had a tough case that required a little imagination to craft an effective defense.

Rest In Peace, Your Honor.
David S Markus


26 comments:

  1. Here is the obit:

    GREENBAUM, JUDGE MARTIN, of Miami Beach, passed away on Monday, October 15, 2007. Judge Greenbaum is survived by his wife of 47 years, Shirley Ann Greenbaum; his children Lynda (David) Ferree, David (Melissa) Greenbaum and Lauren (Jerry) Di Roberto; his grandchildren, Cheryl, Melissa, Michelle, Paul, Nicholas, Marshall, Gabrielle, Olivia and Edison; great grandchildren, Jeremy, Katelyn, Riley and Aden; and his brothers John (Frances) Greenbaum and Dr. Richard Greenbaum. Judge Greenbaum was a member of the Florida Bar for over 50 years. He served 2 terms on the 11th Circuit Court Bench from 1984 thru 1997. He was a WW II Army veteran and served in the Air Force J.A.G Corps during the Korean War. He also served as City Prosecutor and Assistant City Attorney for the City of Miami Beach and Town Judge for the Town of Surfside. He was an advocate for children's legal rights and the profession of Psychology. He was a scholar of Shakespeare, a poet and a student of history and politics. Services will be at 1:00 P.M. on Thursday, October 18, 2007 at the RIVERSIDE GORDON MEMORIAL CHAPEL, 1920 Alton Road Miami Beach. In lieu of flowers, please make donations in his name to Miami Children's Hospital.

    Cap Out

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  2. One of the first cases I tried (and lost) as a defense attorney was before Judge Greenbaum. My client, a butcher got into an argument at work with a fellow employee and stabbed him with a boning knife.The knife went completely through the victim's body and the ASA argued that fact proved that my client ws trying to kill, not merely stab. This became the theme of the state case to prove intent and I didn't really have much of a response to it. The jury came back agg batt, despite my lack of a cogent response to the state's argument. After the trial, Judge Greenbaum took me aside and asked me if I knew what a boning knife was and what its function was in a kitchen. I confessed I did not. He was truly offended by my poor performance and took the time to teach me how to be a better lawyer. He asked me how I could try this case, knowing that the thru-and-thru wound was going to be the main feature of the trial, without knowing that a boning knife was the sharpest knife in the kithen and is designed to easily pierce and pass through meat, something I learned many years later when I went to cooking school. I mumbled something about reasonable doubt about intent, thinking I had done a good job because the verdict went my way.
    That day, I learned how to think about my cases using common sense and not law school rhetoric. As a prosecutor, I never had to think "outside the box". As a defense attoney, sometimes that is all that is left for us to do. It is a lesson that has served me well over the past 20 years.
    I never tried another case in front of Judge Greenbaum, but I thought of our conversation often, usually when I had a tough case that required a little imagination to craft an effective defense.
    Rest In Peace, Your Honor.

    David S Markus

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  3. you can't recall anyone saying anything bad about him, but now we have this blog, so I'm sure some low life will come up with something stupid.

    He was a good guy.

    Rumpole - The herald comes out in the morning, try reading it before you hit the sauce.

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  4. THE CAPTAIN REPORTS:

    Here comes the judge .....

    The applicants for Judge Jorge Perez' Circuit Court seat that have applied to the JNC are as follows:

    1. Patricia A. Kopco
    2. Stephen Mechanic
    3. Joseph I. Davis, Jr.
    4. David M. Peckins
    5. J/George Sarduy
    6. Mario Garcia, JR.
    7. Meryl S. Gold-Levy
    8. Alan A. Taylor
    9. Jorge Cueto
    10. J/Bronwyn C. Miller
    11. Lisa Walsh
    12. Margaret Rosenbaum
    13. Manny Anon
    14. Alan Sackrin
    15. Abby Cynamon
    16. Maria SamPedro Iglesias
    17. J/Darrin Gayles
    18. Shirlyon McWhorter
    19. Steven Grossbard
    20. Herb Andrews
    21. William Altfield
    22. Angelica Zayas
    23. Miguel De La O
    24. Lynette McGuinness
    25. Stacy Daryl Glick

    So, we have 3 County Court Judges, (and one former CC Judge), 6 candidates who have filed to run for Circuit Court (Kopco, Garcia, Cueto, Cynamon, Iglesias and Glick)and several applicants who have recently been sent up to the Governor for consideration including Davis, Peckins, Sarduy, Walsh, Gayles, De La O, among others.

    The JNC will conduct interviews of some of the applicants and then send 6 names up to the Gov. for his consideration.

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

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  5. I can't tell anymore if these lists of applicants are new, as the names are so similiar to the last 27 lists.

    Some of these people need to wake up and realize that the phrase is "if at first you don't succeed, try, try, again."

    Not "Try, Try,Try,Try,Try,Try,Try,Try,Try,Try,Try,Try, and Try,Try,Try,Try,Try,Try,then Try, Try, Try,Try, again, and again, and again,and again,and again.

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  6. cap

    you once said that you would like to be the public defender but not if "sleepyb" ran for re-election. Would you run against carlos fernandez, his right hand??

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  7. Judge Greenbaum was "Old School", meaning an old school "character " of R.E.G. That translates to a judge who never let the law or the facts interfere with his decisions.
    Nice guy, clueless about 94% of the time. The remaining 6% he was just plain wrong.
    A nice guy who tried to treat everyone with respect.

    The Miami Herald also reported today the death of attorney Max Engel.
    If it is the same Max Engel, he was one of the regular characters of the building. He was a defense lawyer in the mold of Paul Pollack and Sy Gaer. Unlike Sy Gaer but much like Paul Pollack he was a nasty guy but effective in the "old school" practice of law in the R.E.G.

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  8. THE CAPTAIN REPORTS:

    I reported yesterday that 4 incumbents had yet to file; well, now the list is three.

    Judge Pineiro has officially filed to run for reelection.

    Still waiting on:

    Group 35 - Judge Prescott
    Group 55 - Judge JB Cohen

    Group 16 - Judge Figarola

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

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  9. Thank You David Marcus, this is what the blog is about.

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  10. Some of your posters say "old school" in a pejorative way. If demeanor, decorum, appropriate dress, good manners and a lifetime of legal experience make a Judge "old school." maybe it's time for some to go "back to school." Marty Greenbaum was a true gentleman and generous with his time and knowledge. He was also a good judge...not a wanna be tv star.

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  11. To the gentlrman suggesting that Max Engel was mean etc.:suggest you have your head examined.
    Max was from the "old school"true.That meant integrity,a handshake was all that was necessary.To bad it is not the same way today:today is lie as longt as you can get away with it/attorney to attorney///attorney to court//attorney to client.
    Max was soft spoken,polite and a fine attorney.Suggest you get your fact correct before you speak.

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  12. I use "old school" in a positive sense. Like 3:20 said about Max Engle, old school meant a handshake was his word, and any agreement didn't needed to be followed up by a letter confirming what was said. Less formal, perhaps a bit less sophisticated- but at a time when law was practiced by gentleman and ladies, and everybody could have a drink afterwards, and prosecutors had power and were not robots who merely said words written down for them by supervisors.

    That being said, while Max Engle was old school in the best sense of the word, he could be a bit grumpy at times.

    ReplyDelete
  13. He's sleepy and he's snoozy
    his civil verdict was a doozy
    the thought of a challenger makes him woozy

    he's Bennett our sleepy PD!!

    He may be a bit sleepy
    but he's still our favorite PD.

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  14. 5:44- when I drink
    and what I drink
    is my business.

    So far the blog has had only wonderful and positive things to say about Judge Greenbaum, so your prediction has not been correct.

    ReplyDelete
  15. judge greenbaum won only because he ran against sam silver. judge silver was not elegible to serve because the court ruled he was over the age limit. he was ok, not a great or even good judge. and he mumbled so it was hard to hear what he was saying.

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  16. It's Carlos MARTINEZ you moron. Only involve yourself in subjects you educate yourself on first.

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  17. Can any of our DUI guys give us an update on the new Sheriff in County Court? I speak of none other than JOA Joe Fernandez.

    PS- that California Surfer Court Options Girl in Ortiz is hot hot hot. Surfin USA.!

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  18. not peckins again!!! how many times has he tried to don the black robes? it has to be a record of some sort. hint, hint, give it up dave.

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  21. THE CAPTAIN REPORTS:

    ELECTION UPDATE - BREAKING NEWS:

    It had to happen sooner or later. The first anglo incumbent judge to have a hispanic challenger is Judge Douglas Chumbley.

    Attorney Marcia Caballero has filed in Group 51 to challenge Chumbley.

    Chumbley is a 25 year veteran attorney who spent most of his career with Carlton Fields before being appointed by Gov. Jeb on June 16, 2006 to the Circuit Court bench, to replace retiring Judge Fredricka Smith. He presently resides in the Juvenile Division.

    Caballero is an 18 year member of The Florida Bar and has an office on Coral Way with the law firm of Lorenzo, Caballero and Rodriguez-Rams where she concentrates her practice in the areas of Real Property, Probate and Trust Law.

    So now the only question is - who will be next?????

    LET THE DEBATE BEGIN ...

    CAPTAIN OUT .......

    ReplyDelete
  22. 2008 General Election
    Circuit Judge
    Circuit 11 Group 51

    Marcia B. Caballero



    Address
    9192 Coral Way, Suite 201
    Miami, FL 33165

    Phone: (305)227-0727 Campaign Treasurer
    Jorge C. Borron
    901 Ponce De Leon Blvd.
    Suite 304
    Coral Gables, FL 33134-3073

    Status: Active
    Date Filed: 10/15/2007

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  23. Peckins only problem is having the wrong governors in place when he decided to seek appointment and having a name that isn't ethnically identifiable. He's a AAA lawyer.

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  24. Judge Greenbaum.

    May you rest in peace.

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