Monday, February 25, 2008


Happy Birthday Marbury v. Madison! 5 U.S. 137 (1803) Decided February 24, 1803 (the case was argued thirteen days before the decision was issued.)

205 years old and despite the current White House, still going strong!
"The government of the United States has been emphatically termed a government of laws and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right…It is emphatically the province and duty of the judicial department [the courts] to say what the law is…”

Speaking of the nifty nine, (although the Marbury decision was decided 4-0) on Monday the Supreme Court
is scheduled to hear argument in
Cuellar v. United States (06-1456), on whether the federal money laundering statute requires an attempt to create the appearance of legitimate wealth. That has some relevance to the goings on in our fair city. We got that info from the ever helpful SCOTUS blog.

Our guest bloggers yesterday, “Perry & Mason” stirred up some controversy in the comments section. Rumpole says: well done, and reminds readers that we do not necessarily endorse the comments of the readers who become guest bloggers. This is an open forum for our community and we invite others to participate.

Spring is in the air. It’s warmer, but not yet sticky. There are cool breezes at night. It’s nice to be alive.

See You In Court, where we rarely cite Marbury v. Madison.


Anonymous said...

If this rumor of JA's going on strike is true, what will be the effect?

Will they not answer the phone, not put things on calendar, not return messages, not speak to defense lawyers?

Again, what will be the effect?

Anonymous said...

Thank G-d, there are no boundaries in this country to electing a President of any race. If the race was Hillary Clinton vs. Colin Powell, Gen. Powell would win 60-65%. If the race was Mike Huckabee vs. Barack Obama, Sen. Obama would win 60-65% (And this, for a man with no national record.) The two theoretical majorities cover different 65%s; they cover every voter in America, pretty much. The handful of remaining racists are mostly in state prisons, and ineligible to vote. Our horrible 400 year legacy of ineligiblity of African-Americans to leadership is over.

Anonymous said...

And the Oscar for best suporting Fake Blogger(s) goes to.....

Fake Adlestein and Fake Matters for their comment on the security people at the REGKB!!!!!

Next up...the Oscar for best fake blogger use of a scene from the Godfather.

Anonymous said...

This just in...a 300 lb + female was tasered in Areces. Anyone present to tell the tale please share.

Anonymous said...

Is there any truth to the rumour that on friday at Monty's , a former "A" level ASA, currently married to a career criminal chief was arrested for DUI and a current DC tried to use her influence with the Beach police to get them to drop the case? Just asking ... favortism and all...




Congrats Rump - your photo skills along with the communication lines between the private bar and the administrative judges has resulted in the following changes instituted by Admin. Judge Sam Slom:





As many of you know, the large number of people seeking access to the REG Justice Building on a Tuesday following a Monday holiday is overwhelming. The impact of that increased traffic results in long delays and increased frustration.

In an effort to mitigate the volume of traffic seeking access during the peak morning hours following a Monday holiday, we are taking two steps at the County Court level.

1. County Criminal Divisions: The County Court Criminal Divisions will conduct their DUI trial calendars at their normal starting times. However, the other criminal traffic trial calendars (non-DUIs) will begin at 11:00 am and the misdemeanor trial calendars (if normally held on Monday) will commence at 11:30am. We anticipate that the later starting times for these two calendars will move a significant amount of those seeking building access away from the peak morning hours. The time interval between the DUI calendars and the remaining calendars can be used for plea negotiations and motion litigation. Keep in mind that this scheduling modification will only affect Tuesday calendars following a Monday holiday. Should this revised schedule prove unsuccessful in helping to mitigate the access problem, we can always rescind its usage. I want to thank the County Criminal Division judges for their willingness to implement this schedule modification.

2. Infraction traffic calendars: On Tuesdays following holiday Mondays, no traffic infraction calendars will be set at REG prior to noon. This should move a significant volume of traffic from morning to midday and help ease the delay in gaining access to the building.

In addition to the above measures we will also be meeting with the building security personnel to determine what measures can be taken to expedite access while not jeopardizing security.

Thank you.

Captain out ......

Anonymous said...

The next category is best supporting fake blogger using a scene from the Godfather. And the nominess are:

Blecher for his "I'll make him an offfer he can't refuse" comment;
Fake Blecher for his "Luca Brazie sleeps with the fishes comment";
Real Fake Blecher for his "Johnny Fontaine doesn't get that part" rant;
and Fake Susan Luci for her "Rumpole that stutz, he sold out the old man" comment.

And the Oscar goes to....

FAKE SUSAN LUCI for her "Rumpole that stutz sold out the old man" comment!!!!!!!!!!!!

Anonymous said...

i have a suggestion to the security screners: put a sign OUTSIDE THE BUILDING telling these idiots to start taking shoes, belts, phones, etc out and ready for the scanner.

It's as if these people are shocked that they are being asked to empty their pockets when they see a metal detector 100 yards away. things might go quicker if one of the screeners told people, prior to being next in line, to take off their shoes.

I personally dont care as I go thru the "express line", but i am sure its frustrating watching these geniuses wait until they are halfway thru the machine to take their belt off.

also, can we have a "re-staging" area so people can get redressed someplace other than at the foot of the escalator.

I know most government buildings, especially in big and poor citites, are run inefficiently, but it looks like a bunch of dirty, homeless, smelly bums are getting dressed in our court house every morning. Say what you want, but its true. and sort of embarassing.

Would you walk barefoot through the metal detectors at the REG? At least spray some purell on the floor. the amount of athletes foot, corns, yellowed out nails, and foot crabs crawling around that floor must make a med student vomit.

just imagine some nasty old man taking his shoes off, touching his filthy feet, then putting his shoes back on, touching the escalator hand rail, then a cute girl touches the same rail, and a few minutes later wipes her nose. BOOM, just like that foot filth went went freddys foot to marias mouth (without so much as a thank you).

Anonymous said...

Mr. Ruvin - as my elected Clerk of Courts, I ask only on\e request:

Will you please provide ONE working zerox machine for attorneys use on the ninth floor of the criminal building.

While I would be ecstatic if we could purchase a copy card, as the machine there is usually out of change, I can not see that dynamic change ever occurring.

imagine all the red tape involved in getting a zerox to work.

Anonymous said...

Marbury v. Madison sounds like the NBA drama between the Knicks point guard and management.

Thank you, thank you. the 7:30 show is just like the 9:30 show. Tip your waitresses.

Anonymous said...

Rumpole I nornally would not reprint three comments from a previous post but and I hope you agree that these post came in a few days later defending Denise and as you know bloggers move on to the newer post. It is not fair to Denise who may have stumbled across Captains hack job to not post these comments on the new trend. Here they are:

Your Mom Wouldn't be Happy with You said...
What are you the "captain" of? I would presume by your lack of facts -- perhaps "Captain Assumption" Captain Spin"? Pick one.

You have know knowledge of what you're talking about. Sure you did your research on Fair Campaign practices, but you failed to do your research on the actual candidate! This puts you in the same category of false journalist as Ann Coulter or Michael Moore.

Scanziani may sound Italian. Are you sure that it actually is. It seems like some of your commentors feel that it may be Hispanic. So if Martinez (as you presume is Hispanic) is Hispanic and Scanziani is Hispanic...how does hyphenating it make any difference? And, I would presume that you may be the one who's making prejudicial statements about Denise's ethnicity. Perhaps you are doing exactly what you're scolding Denise for doing?!

Also, I know plenty of women who work hard to get where they are in the world. Often times they go through school and make a name for themselves before they get married. Do you know what it's like to work hard and have people recognize your name and then change your last name when you get married? You wouldn't would ya, dick? Perhaps she hyphenated it so she could let people who once knew her as Denise Martinez know that is her! How can you assume her campaign plans? You have no evidence besides your own lame assumptions.

What is your beef with Denise? Obviously you have know idea what you're talking about. If you had a level head to begin with, you'd do more research on the person you're trying to slam rather than talking out your ass! Your journalism, your thoughts are not much different from FOX News...you know with that whole Obama is Muslim. His name rhymes with Osama. Praying on fears, racism, etc. in people to slam someone running for judge.

Shame on you "Captain Assumption", Shame on you.

Monday, February 25, 2008 10:17:00 AM
Canadian Tar Heel said...

This is a very poorly researched post ! I’m startled by the mistaken assumptions on which it is based.

1) Why should Ms. Martinez Scanziani not be allowed to use her hyphenated married name or her maiden name if she prefers?
2) And why do you assume that Scanziani is merely an Italian name? A large number of Latin Americans, especially in Uruguay and Argentina have Italian names. Did you stop to ask what nationality her husband is?

Bluntly put, this post is a hack job based on nothing more than speculation. You’ve turned a choice about one’s name into a cynical political ploy with no evidence to show for it, except the apparent inconsistency with which she uses her last name (ie, less than perfect). This is a somewhat bizarre method given that a number of working-woman choose to use their maiden names or to hyphenate them when it comes to their careers.

Monday, February 25, 2008 12:10:00 PM
Anonymous said...
It is time for people to stop playing the race or ethnicity card for any advantage and look at the candidates qualifications. I have known Denise Scanziani for over seven years.I can attest to her personal integrity and dedication. Denise started the law studies program which flourished at Msgr. Pace High School. I am the Social Studies Dept. Chair at Pace. Her hard work, ethics, and love of the law enlightened our students and help them appreciate and understand the legal system.

Monday, February 25, 2008 12:18:00 PM

Anonymous said...

Having started a law studies program in high school is as good a qualification as any to serve as a judge.


The Captain Responds:

She may in fact be a lawyer of personal integrity and dedication. I had no doubt that she was not Italian when I wrote the post.

But, she is running for Judge. Her "judgment" is what a "judge" does on each and every case, each and every day, that she sits on the bench. Where do you think they got the name "judge" from - one who sits in "judgment" of others!

Her first decision as a candidate was to file under two different names only five days apart. Bad judgment!!!

I'll stand on the facts that were presented to me in the 18 pages of campaign filings from Febraury 15th and Febraury 20th.

Cap Out ....

Anonymous said...

Am I missing something, can this new judicial candidate answer one question:

Why file under 2 different names?

That's all I want to know

Carry on.

Anonymous said...

Ok, let's be honest here folks. We ALL know that Denise hyphenated her last name for strategic reasons. I think that's cynical at best, unethical and inappropriate at worst. You want to defend that? Fine. Just don't tell me that it was because she was proud of her heritage or some other bullshit.

The nonsense over whether Scanziani is a Hispanic name or Italian name is disingeuous (as is the comment about "speculating" that Martinez is a Hispanic name). Most people would assume Scanziani is an Italian name, right or wrong. In contrast, virtually everyone would assume Martinez is a Hispanic name. Don't even try to dispute this, you sound ridiculous.

Those of you who have jumped to her defense should at least TRY to be intellectually honest when you defend her.

Anonymous said...

what is that saying? small men talk about people, good men talk about events, great men talk about ideas. not many ideas from all you lawyers, at least not many original ones. whether a woman hypenates, whether she decides to let the voters know she is hispanic if she will run in a county 2/3 hispanic is a topic of vigorous debate. How about debating the hundreds who still sleep on our sidewalks in miami every day while the city prepares to spend a billion dollars on a baseball stadium for a team that noone watches.

Anonymous said...

10:44....you're a joke. The kind of person who says, ignore everything but the most severe problems. Slamming people because they're pointing out a judicial candidate's despicable conduct and using the homeless as a strawman is pathetic. Talk about small minds...........