Tuesday, January 29, 2008


How is that Sy Gaer memorial coming, FACDL head honcho Barry Wax?
You know, the one with a his small black book and a picture of Sy? Any day now?

Why did it take a lawsuit for JAC to pay court reporters the bills for work they performed? Is JAC getting as bad as health insurance companies?

When (if ever) is the SAO going to address the allegations of sexual harassment by one of the division chiefs they just fired? Or does quitting mean never having to say you're sorry?

In this day and age when judicial restraint are the code words for appointment and advancement in the federal system, by what right and what power does a Judge tell an acquitted defendant that he cannot speak about his ordeal at the hands of the government?

Do any of the chief judges give a damn that there is no parking and it takes a freaking hour (that's a legal term they teach in law school. It means "a long f'ing time") to get into the building on a Monday? Or are those problems the price people pay for justice at the Justice Building? It's not like there are less cases every year. There are more cases, and no matter how many hours they spend studying this problem on the golf courses of Miami, it's not going to get any better.

What happened to that case before Judge Jimenez where evidence of the homicide cops instructing witnesses on how to testify came out during the motion to suppress?

Just who disenfranchised Florida's democratic voters from the presidential primary. And why isn't that person's head on a platter?

What are the odds that both races end up in an open convention? About a year ago we would have said the odds were about the same as any football team having an undefeated season. And yet...

And speaking of politics, does todays events mean Teddy Kennedy won't be taking the Clintons sailing again any time soon?

Just wondering.




to 8:36 PM ...

Does the name SEAN CONWAY ring a bell? I guess not if you didn't catch why I brought up the issue of the First Amendment and the Florida Bar.

Other readers of the blog may recall that it was attorney Sean Conway who posted on the Broward Blog last month and had the audacity to sign his name when he criticized Judge Cheryl Aleman.

You may also recall that the Florida Bar has initiated an investigation against Mr. Conway challenging his right to speak out against the judge - thus violating - yes - his rights under the First Amendment.

On a separate issue, I take issue with Rumpole's criticism of the "Chief Judges" and whether they are doing anything about the parking problem.

First, where would you suggest that the "chief judges" go to get this extra parking? Did you want them to begin their own lobbying effort with the taxpayers of Miami Dade County asking them once again to vote for a Bond that would pay for a new building and new parking facilities? Fat chance that would happen!

I recently arrived at the GJB at 8:30 on a Monday morning. I drove the area under the 836 overpass and there was mostly empty spaces all along the metered area on both sides of the street. That extended all the way to the portion on the street bordering Lot 26. Bottom line, get there a few minutes early.

Or better yet, Rumpy, throw down some of that cha-ching your have been earning during football season prognosticating, buy a piece of land and build your own parking garage. You will increase your investment 10-fold!

I do agree that we need to address the issue of long lines for the public on Monday morning. There should be a way to spread out the traffic better over the course of a normal week.


Anonymous said...

Rumpole, wake up, buddy!!

The problem aint that some official or bureacrat can't figure out the parking mess-its that we got too many people coming to court b/c we got too many cases b/c we got too many criminal laws.

Anonymous said...

my dearest judge slom:

try this experiment on a small scale and see how it goes:

8 DUI divisions schedule the trials sounded ready all for the same day (monday). start by taking 4 of the divisions and schedule those trials for tuesday of the same week.

the judges who don't have trials on monday should set motions and reports on that day (it will be like a friday). my guess is that will cut out maybe 300 people at the courthouse.

sam: small scale, take 4 volunteers, or pick 4, your choice.

Rumpole said...

My dear sir- you are in a lot of trouble. Your comment is smart, on the money, and in a few moments you have figured out a solution that a gaggle of judges playing dozens of rounds of golf could not come up with. I would lock my doors at night.

My dear el capitan: Lets see if I can get you to understand my point of view.

There are two problems: too many people too little parking. The too many people causes the additional problem of slow access.

You correctly point out the parking problem is not easily solvable. So you have thrown up your hands in the air. Captain, you are not a judge per chance are you?

Because our dimiwtted robed readers are, like you stymied at this point. However, our intelligent readers have pointed out, there is another way to look at this problem and deal with this solution. STAGGER THE STARTING TIMES OF COURTS.

If you set 4 DUI divisions for trials on Tuesdays, you reduce the Monday traffic probably 20%. Throw in a felony division or two, and suddelny things are running smoother.

Bob Scola- now there was a Judge who thought outside of the box. Know what he used to do? Schedule 90% of his arraignments on Fridays, so he could breeze through the calendar the rest of the week and spend his time trying cases. Bob's system worked so well that they threw a muzzle on him and sent him to family court.

Something tells me these judges just like to see people standing in line.

Anonymous said...

Want to fix the problem? Go back to the old days with separate courts for DUI/Traffic and Other Crimes Misdemeanors. The SAO and PDO can stack the DUI divisions with their top attorneys; Slom can put in his best and most efficient judges (who can concentrate on learning the very complex DUI laws and cases), and things can start working again.

Oh yeah. Do away with this ridiculous standby system as well. It saves money in the short term but results in WAY too many continuances and dismissals and wastes way too much of the lawyers' time. It ain't working.


Anonymous said...

1. Bush: End of an Error
2. That's OK, I Wasn't Using My Civil Liberties Anyway
3. Let's Fix Democracy in this Country First
4. If You Want a Nation Ruled By Religion, Move to Iran
5. Bush. Like a Rock. Only Dumber.
6. If You Can Read This, You're Not Our President
7. Of Course It Hurts: You're Getting Screwed by an Elephant!
8. Hey, Bush Supporters: Embarrassed Yet?
9. George Bush: Creating the Terrorists Our Kids Will Have to Fight
10. Impeachment: It's Not Just for Blow Jobs Anymore
11. America: One Nation, Under Surveillance
12. They Call Him "W" So He Can Spell It
13. Whose God Do You Kill For?
14. Jail to the Chief
15. No, Seriously, Why Did We Invade Iraq ?
16. Bush: God's Way of Proving Intelligent Design is Full Of Crap
17. Bad President! No Banana.
18. We Need a President Who's Fluent In At Least One Language
19. We're Making Enemies Faster Than We Can Kill Them
20. Is It Vietnam Yet?
21. Bush Doesn't Care About White People, Either
22. Where Are We Going? And Why Are We In This Hand basket?
23. You Elected Him. You Deserve Him.
24. When Bush Took Office, Gas Was $1.46
25. Pray For Impeachment
26. The Republican Party: Our Bridge to the 11th Century
27. What Part of "Bush Lied" Don't You Understand?
28. One Nation Under Clod
29. 2004: Embarrassed. 2005: Horrified. 2006: Terrified
30. Bush Never Exhaled
31 At Least Nixon Resigned

Anonymous said...


Don't blame the Scola thing on the judges. The fact of the matter is that any judge who thinks outside the box and does things different than others is deemed to be a maverick or not thinking of the lawyers.

Efficiency is frowned upon by most. Early starting hours are despised. You speak alone when you speak of well run courts with an eye to competency.

Judges have tried new things and the complaints that arise from the lawyers, the clerks and other court personnel have left those judges reeling.

Anonymous said...

Who's the man for cyber crime?

Seltzer is
Seltzer is

Anonymous said...

to 1121 liberal, in my opinion best post i've ever seen. if i may. 1. Iran, you're next. 2. If they don't have blue blood who cares if they die. 3. No one asked them to enlist. 4. If it weren't for shiny swords and marine uniforms I don't know where I would get enough idiots for my army. 5. We have suicide soldiers too but we give them a nice uniform before we ask them to die.

Anonymous said...

Some observations on BUSH's last state of the union address; 1. we still have 60 year olds acting like kindergarten kids- should I stand, should I clap, the other side isn't clapping so we should.2.the first thing we need to remember about politicians is that they can lie as well as anyone. Bush criticizes pork spending, talks about fiscal responsibility and criticizes the congressional budget process when he has never had a balanced budget or surplus and has spent a trillion dollars on a war with a country he has admitted did not attack us and that is no better than Hitler or Stalin. 4.He tells us he is bringing home troops like it is a withdrawl. He is leaving over 100000 and continues to fight a meaningless war. Only the son of the head of the CIA would endanger generations of Americans, destroy our world standing, and kill thousands of women and children in Iraq and 4000 american soldiers ALL BECAUSE of profits for corporate America, give the military industrial complex something to do, and continue our reign as world bully, now in its 7th decade.5. He will do no jail time as a war criminal. 6. the military love him. 7.we are heading for tough economic times. 8. the world is sick of the u.s. 9.Hilary Clinton would be just as bad-scandals with her will start before she is even in the white house and unfortunately with super delegates and feb. 5 she will probably get the nomination. male or female I can't remember an angrier public figure in american political history than hilary clinton-when she was first lady she stared at people with vile hatred from the box during her husband's state addresses.10.if mccain is elected you are electing a war criminal who dropped bombs on women and children because that is what good republicans do-train their children to be pro military-pro ecomony etc. P.S. Is it just me but am I the only one who is disturbed that 1000 of our leaders in a room and no talk of gun violence, homeless people sleeping in the bitter cold(about 500000), people living in trailer parks, 20% of the country without health care, poor treatment of injured vets in va hospitals, and the strongest military in the world hasn't figured out how to keep frail hungry poor mexicans from sneaking into the country at a 1000 a day clip. Now harass me for exercising my first amendment rights as a lawyer or audit my taxes. My prediction for 2008; the U.S. will turn over control of much of Iraq to Iraq, the sun will still rise the next day, and 1 million people will have died because american won't drive small crappy cars like the rest of the world.

Anonymous said...

Court efficiency: I practice in an area of florida for 1 year where the caseload is small and court is held only a few days per month and trials hardly ever happened.Is it the judges fault that there are 40000 felony cases a year in miami and god knows how many misdemeanors. and because we have vigorous defense by competent lawyers there are trials in miami. tell the cops to stop making so many bullshit arrests, the state filing so many bullshit cases, and the legislatures passing so many bullshit laws. do you know that the city of orlando not only passed a law against feeding the HOMELESS in public but had 8 cops doing surveillance to build a case against the 20 year old who fed them. in tampa they once spent 60000 dollars on lap dances to build cases against stripppers. and these are areas WITH actula violenct crime. perhaps Miami should spend more COP time on school dropouts (which is a crime by the way), after school programs, anti poverty initiatives and financial support for single mothers as opposed to arresting poor minorities. by the way-the crime that bothers me the most is when an asshole drives by me on i95 when i am obeying the speed limit and just misses hitting me and others weaving in and out of traffic at 90 mph and there never seems to be a cop on the road when this happens. where are they. oh yeah, in traffic court for the failure to yeild case from coral gables or key biscayne



The First Amendment, Part III

This First Amendment case involves our fellow blogger - that's federal blogger - David O Markus.

Seems he and co counsel Scott Srebnick persuaded Judge Lenard to see the light and yesterday she lifted the gag order in part.

In a turnaround from previous rulings, Judge Lenard cleared Lyglenson Lemorin, a legal U.S. resident, and his attorneys to speak publicly about his immigration case, satisfying some of the First Amendment concerns raised by Markus.

However, Lenard said Lemorin cannot discuss his trial, the verdict or his views about the government's first prosecution in the so-called Liberty Seven case. Jury selection for a retrial began Jan. 22.

Apparently, the part she lifted was clealry not good enough for Mr. Markus as he has announced that the previously filed emergency Writ to the 11th Circuit will proceed.

Go get em David.....

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

Anonymous said...

The parking problem is easy to fix:

1. REG Building should be only for Felony Circuit Court Cases Period!

2. All County Court cases should be heard at the branch courts (Hialeah, North and South Justice Buildings, Coral Gables and make the Sweet Water satelite court available for Judge and not just filing.

Plenty of parking at all the locations mentioned. Also throw in the Flagler and the Lawson Building for County Court cases.

Bottom line throw the County Court Judges out of the REG and that will reduce the lines.

This has been a paid message from the common sense people of America. When making sense just is not right.

Anonymous said...

The same judges who will not get us, the lawyers, ID cards to get into the building are also the same judges who want our money and support.

How about some respect for us?

In many counties, the lawyers are allowed to bypass the metal detectors.

Why not us?

Rumpole said...

I have not published a nasty comment about a lawyer who has completed rehabilitation.



to 1:49 ..

point of information. There are no courtrooms available for extra judges at those buildings; let alone offices for the secrataries (JA's)or space for juror or for them to park. Also, when was the last time you tried to park at the NDJC; that place is a constant zoo and they are parking all over the place.

to 1:57 .....

first, I agree with you. But, you should simply try entering the building at the rear entrance where FACDL secured the attorney only line until 10:00 am every morning. I use it and it moves very quickly.

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

Anonymous said...

Shumie's dog predicts...

McCain in a grrrrrrout. Ruff ruff.

Anonymous said...

A south Florida Golf Course, last Friday, 1:35 PM.

Kevin: Your honors Stan.

K: Great drive.
Stan: Thanks. Our Gators are looking good this year. Tebow should contend again for the Heisman.

K. Yup. And don't count out the basketball team.

S. Yeah. Nice drive. That the new driver?

K. Yup. Say, the blog is giving you a hard time.

S. Haven't read it in two weeks.

K. Well, Rump says you are not doing anything about the over crowding, the parking, you name it.

S. He wants me to build a new parking lot?

K. He says you need to do something about scheduling court for different hours.

S. Well we're talking about it now. Hahahahaha.

K. Hahahahahaha. You're right chief. When you're right you're right. That putt breaks a little to the left, watch it.

S. I got it lined up. Maybe we should schedule court for Friday afternoons. Then again, maybe we shouldn't. Hahahahahahahaha.

K. Hahahahahahahha.

Anonymous said...

To 1:57

The answer is as simplistic as the mind of the questioner. This is Miami and it takes just one crazy lawyer.....

Anonymous said...

Rumpy- Your father knew Shumie's dog. Your father did business with Shumie's dog. But your father never trusted Shumie's dog.

Anonymous said...

Good thinking Mr. Rump.

We should not ever discuss anyone finishing rehab.

We should encourage everyone with a drug or alcohol problem to do whatever they can to do better.

Rumpole said...

The comment was derrogatory in nature. Any lawyer who has been in rehab and wishes to speak about it, the blog is yours to use. However, it is also a private issue. If you would like to post your name, and then have people publically discuss your mental, emotional, and health issues on a public blog, please do so. However, I will not allow it without the individual's permission.

Anonymous said...

Just because one thinks out of the box doesn’t mean the suggestion is logical or desirable…

A poster indicated that moving four of the eight DUI division’s trials to Tuesday would reduce the REG influx by 300 people? Please explain that conclusion. Most of the officers involved in DUI cases appear in multiple divisions on the same occasion. The same is true for defense counsel. This idea would most likely do little to reduce the population of officers on Monday because they would likely have to appear in one of the four divisions scheduled on Monday for either a DUI or DWLS case. I suspect that this idea would result in the officers not only appearing on Monday but would also ensure that they would have to return on Tuesday – thereby INCREASING the population flow on that day and doing little to reduce the population glow on Monday.

Many of the defense bar would be highly upset about four DUI Division judges moving their trial days to Tuesday because that would mean that the lawyers would have to appear for trials on Mondays and Tuesdays and then Soundings on Wednesdays. Most lawyers don’t make money sitting around REG waiting for their cases to be called. One day of trial calendars is more likely palatable than two days.

In an effort to accommodate the defense bar, soundings were all set for Wednesday morning so that the attorneys would not be summoned for Soundings over multiple days. The thought of reducing the population at REG by eliminating Soundings is the greatest fiction of all. I take it that you do not recall the 300 police officers congregated in the Pickle Barrel during the pre-Sounding dates. Without Soundings, you could add that population the Monday flow.

Truth be told, many in the defense bar have been resistant to judges staggering their calendars. When judges attempted to move their motion calendars to Thursday and Friday afternoons when REG is lightly populated many in the defense bar complained. Requiring the defense bar to spend multiple dates at REG cuts back on the ability to make money by meeting new clients, pursuing clients who owe money etc.

Traffic Infraction calendars, originally set for 8am and 8:30am have been set for later times so that those folks are not in the 8:00 -9:00am crunch time.

As far as trying to accommodate the attorneys at REG – the attorneys do get expedited access at the rear entrance. Additionally, the attorney’s window hours on the second floor have been expanded so that pleadings can be filed prior to 9am.

I do not see how the Chief Judges can secure additional parking lots. That is a bond issue if handled by the government or by private enterprise if someone wants to invest in the area. To attempt to mitigate the parking problem, juror summons notices encourage them to take Metrorail.

As for moving County Court Jury trials to branch courts – not feasible – there is no room large enough to serve as a jury room to accommodate jurors. Furthermore, the branch courts are as busy as REG.

Some have been critical of the County Court Division Judges. Although the DUI arrests may not be as high as they were 13 years ago, the number of other criminal traffic cases and misdemeanor cases has escalated enormously. Deportation consequences have affected the ability to resolves cases easily. There was no habitual misdemeanor offender statute back then. Increased caseloads and sentencing consequences results in more litigation. Unfortunately, our Court system is impacted by so many forces beyond our control.

Finally, please keep in mind, that what may be a palatable solution in the eyes of one attorney could likely be objected to by two other attorneys.

Anonymous said...

Howard Dean's head on a platter nest to Rumpole's head would be a tasty offering.

Anonymous said...

In civil, I had 830 calendars, the lawyers bitched and moaned. So i changed to 830 emergencies. In criminal, corrections can't get the inmates to REGJC by 830, so I set in chamber conferences then, again some of the lawyers bitch. Everyone will never be pleased or happy. Remember the voters of Dade County voted for a new zoo, but against a new courthouse.

Anonymous said...

The State Attorney should require police to file open container and commercial vehicle sign cases as traffic infractions under state statute rather than as misdemeanors under county ordinances. Drinking in public, being in city park after hours, street vending and similar misdemeanors should no-actioned or dismissed upon filing to avoid clogging the calendars. The State Attorney should go back to Pam Thomas' practice, when she was chief of county court in the late 80's, of binfing down to infraction all driver license criminal violations except driver while license suspended along with all criminal tag violations. There is just too much garbage clogging the county courts and wasting resources that could be better employer prosecuting cases that involve real victims.

Anonymous said...

the defense bar are as bunch of complainers. More cases, more money to be earned. We should be thanking the police!


TO 6:24 PM


(see my comments at 3:20 pm)

Cap Out .....



The 4th Amendment is alive and well ... in the City of Miami.

Today, voters in the City of Miami passed a Citizens' Bill of Rights.

There was little fanfare coming into the election, but the criminal defense bar can sleep well tonight with the knowledge that Chief Timoney and his posse are now required to work within the framework of Section XX of the City Charter.

Section A (3) reads: Unreasonable Searches and Seizures: The City shall not authorize any unreasonable search or seizure.

Section C provides for a remedy. It states that any employee who willfully violates the rights of anyone pursuant to this Bill of Rights thereby forfeits their job!

That's some heavy language.

We can all sleep a little better now.

Cap Out ...

Anonymous said...

Anybody remember the days of DUI courtrooms without soundings? Especially in the days of Collars For Dollars? The courthouse was a zoo on Mondays. When soundings were started, it became alot more manageable. The same applies to the felony divisions that dont have soundings. To bring in an entire trial docket of attorneys and defendants (and family members) when EVERYONE knows you're case is not going to trial is ridiculous. Couple that with the fact that Mondays are the days when the largest amount of jurors are present, it is a recipe for disaster. Even worse when the Monday is a holiday. Yet, some felony judges dont have a sounding system.

Why not the following system?: Soundings are heard on Wednesdays at 11:00 a.m., ten days before trial. Assume 50 cases are setin a division. Half get continued. That leaves 25 on the docket.

Of those 25, the judge can guesstimate the probability as to which would be the priority cases right there during the sounding. (ones with speedy issues or in custody defendants). By Wednesday afternoon, you have a list and make a trial order. The order gets posted on a website or faxed to the attorney and posted on the courtroom door or judge's chambers.
Of the 25 on the list, only the top 5 or so are required to appear on Monday morning for trial. The others are on standby and only need to appear if the top cases on the list get resolved. This would hypothetically keep 20 defendants and thier attorneys from having to needlessly travel to the courthouse on a Monday morning for nothing. 20 defndants times 20 divisions means 400 people arent clogging up the building.

I think this is an easy way to make a big dent in the congestion problem. Which probably means it will never happen.

Anonymous said...

Dear Florida Democrat,

It's a great night to be a Florida Democrat.

For months, the skeptics balked: "No delegates? No candidates?"

Today, Florida Democrats responded: "No problem."

More than 1.7 million of us showed up to the polls and made our voices heard.

That's more than the number of Democrats who voted in any Democratic primary for anything in Florida history.

That's more than the number of people who voted in the "early state" contests in Iowa, New Hampshire, Nevada and South Carolina combined.

That's more than the entire population of New Hampshire.

The Republicans, despite five Presidential candidates campaigning for months here, barely managed to exceed our turnout.

That's saying something. Florida Democrats today informed the nation that no matter the challenge, we will be ready to deliver the change that America desperately needs in November.

Please contribute to the campaign to win today if you can. Your contribution doesn't have to be much - symbolically, anything you give today means an incredible amount. $20, $50, $100, $500 or whatever you can give. Together, we can do amazing things.

I want to thank all of you for voting and for doing the hard work that you did to get your Democratic friends, family, neighbors and co-workers to vote.

We made this primary count. More than anyone ever imagined.

Karen L. Thurman
Congresswoman Karen L. Thurman
Chair, Florida Democratic Party

Anonymous said...

most pleasant judge in building -- leesfield. What a shame firtel is gone.

Anonymous said...

How nice, 2 judges (6:24pm and 7:42pm) post their thoughts here and can't even put their names because of the assholes out there that would ignore their thoughts and just trash them. How embarassing for our little world.

Congratulations to us.

Anonymous said...

What ever happened to Brunson? Everyone had one in their case load.

How many red files are hiding in the ceilings of the State Attorney's Office? Its like the meadowlands up there!

Remember when Steve Talpins made it personal? Little man was funny.

I miss the days of prosecutors dating tennis players. Frankly, I think Jo-Wilfried Tsonga is hot! Maybe he will get stalked.

Commitments are for marriage, not the State.

Back to work.

Anonymous said...

Breaking News Rumpoles picks for Judicial seats in 2006 lose, oh wait opps...Rumpoles pick for President John Edwards Loses.

John Edwards drops out Rumpole election picks wrong again.

Anonymous said...


Anonymous said...

if a cop cashes my check for a depo appearance, and fails to show or call to re-schedule, does that constitute petty theft?

Anonymous said...

I am a "c" student in law school and have an inquiring mind. Why are judges prohibited from exercising their right of free speech? shouldn't you be allowed to say whatever you want if you are not at work, or if a public official, not during working hours or on government property? could someone answer these for me- this is not covered in con law. thank you.

Anonymous said...

What a loss. Firtel is gone.

Leesfield is hartless and a real blah useless judge.

Anonymous said...

Thanks Karen. Too bad our votes didn't count for squat. We really appreciate the Party's disenfranchising us.

Anonymous said...

One of the most pleasant judges in the building: Dava Tunis. Gives you the date you want/need for the case to be ready and is really pleasant to deal with. Also treats our clients like human beings.

Only time she seems to press either the State (thankfully) or the defense, is when months have gone by with no work done on a case. In that catergory is the ever funny-and funnier-Stan Blake. Then there's Reemberto Diaz who is wonderful too. Trying a case in front of any of them is like being in REAL court. All of them will deny contiuances for no good cause by the State (& defense).

Anonymous said...

Re: Karen Thurman, i haven't lived here long, but nothing ever seems to have consequences. This woman should be impeached, fired, voted out, dumped. She is a egomaniacal idiot and FL has no say in who will be president. Imagine how many would have voted if our vote actually counted.

Isn't there any way to deal with her politically?

Anonymous said...

John McCain will trounce either Obama or Clinton in the general election. The thought of higher taxes, retreat and defeat in Iraq, weakness on the war on terror and government intrusion in the private sector should make all the Dems that read this blog vote Republican.

Wake up Dems!