WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Thursday, April 24, 2008

THE CAPTAIN REPORTS:

ELECTION UPDATE ……

Be careful what you wish for ….. In Group 18, Migna Sanchez-Llorens has long been unopposed for this open Circuit Court seat. (Migna has raised $18k and added another $40k of her own money to the campaign account). Many of you wondered why she had no opposition, others called out for an opponent to sign on.

Well, now Migna has an opponent.

Meet ELENA C. TAULER, a member of The Florida Bar for 19 years. Ms. Tauler is 51 years old and she graduated from the University of Miami School of Law. She has a solo practice and limits herself to the areas of: Family Law, Civil Litigation, Corporations, Criminal, Immigration, Real Estate, Real Property, Probate and Trusts.

Before you start commenting on her ability to be a “jack of all trades”, you may want to hear how and why she is so experienced in so many areas.

A quick check of the public records of Miami Dade County indicates that Ms. Tauler has been involved as a defendant or plaintiff in over 30 lawsuits. Most of the time she has been the defendant and the cases sort out like this:

1982 – Sued by Baptist for a debt
1982 – Sued by Finance America for a debt
1983 – Sued by Fannie Mae for Foreclosure
1983 – Sued by Sears for a debt
1983 – Sued by Southeast Bank for a debt
1986 – Divorce proceeding with her husband Antonio Tauler
1990 – Sued by Review Publications for a debt
1990 – Sued by Reed Somberg for a debt
1991 – Sued by Dept. of Education for a debt
1992 – DV Restraining Order filed against her ex law partner Calvin Fox
1993 – Sued by West Publishing for a debt
1994 – Sued by Granada Insurance for Foreclosure
1995 – Sued by BRM Engineering for a debt
1995 – Sued by Univ. Miami for a debt
1996 – Sued by Computer Crisis for a debt
1996 – Sued by Accurate Reporting for a debt
1996 – Sued by Taylor & Jonovic for a debt
1999 – Sued by Fed-Ex for a debt
2000 – Sued by Bank of NY for Foreclosure
2007 – Sued by Doral Estates for Foreclosure

There is more you should know.

On November 3, 1998, The Florida Bar filed a Complaint against Ms. Tauler moving for her DISBARMENT from the practice of law. The case went to the Florida Supreme Court and she was represented by attorney Scott Sakin.

The allegations were rather serious. Ms. Tauler was accused of taking over $50,000 from her Trust Account and using the money for personal and business obligations. This offense normally results in Disbarment. The referee, however, recommended a three (3) year Suspension; no doubt due to the fine work by Mr. Sakin. (Those who know Scott know how great an attorney he is).

The case went to the Florida Supreme Court. And in a 5-2 opinion, the Court upheld the recommendation of the referee, went against the wishes of The Florida Bar, and approved the 3 year SUSPENSION. The opinion is at 775 So.2d 944.

http://www.floridasupremecourt.org/decisions/pre2004/ops/sc94239.pdf

There are a bevy of facts that speak to the cause for the taking of the money. It appears that Tauler’s second husband, (she got remarried in 1994 to Dr. Joaquin E. Tomas), had back surgery and, as a result, lost his surgical oncology practice and caused their home to go into Foreclosure (see 2000 Bank of NY above). The Doc went schizoid on Tauler and she finally got to the breaking point. She was trying to run a law practice, raise five children (two from her marriage to Tauler and three more with Tomas) and she took the money out of the Trust Account.

To her credit, she never denied anything. The Referee and, ultimately the Supreme Court, gave her the benefit of the doubt, finding that she was going through ‘personal and emotional problems, had a positive character and reputation, made a timely good faith restitution effort, did full and free disclosure and showed remorse.’

On December 9, 1998, Tauler was suspended for three years and ordered to pay $3,426.38. After that time, upon reinstatement, she would be on Probation for one year with special conditions.

On February 21, 2002, Tauler filed a Petition for Reinstatement. In October of the same year, she voluntarily withdrew the Petition and paid costs in the amount of $2,290.24.

On September 8, 2003, she again filed her Petition For Reinstatement. The Court GRANTED her Petition and she got her ticket back on April 23, 2004. She paid additional costs in the amount of $1,783.28.

She did have one other contact with The Florida Bar. In 1988 and 1989 when attempting to first get licensed, The Florida Board of Bar Examiners opened an investigation. That investigation was eventually closed and no action was taken. It is unknown what the basis of that investigation was?

So now the voters of Miami Dade County get to decide whether Ms. Tauler is qualified to wear the robes of a Circuit Court Judge. There can be no doubt that she probably has more experience than most of the other candidates that we see filing these days. She has been in nearly every courtroom in the County, in nearly every arena of practice.

What do our readers think? Is Tauler qualified? Does the Suspension “disqualify” her in your minds? Are you bothered by the debt history and what that might say about her character?

As Rumpole likes to say …. Have at it ……

CAPTAIN OUT ……

45 comments:

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

My main concern is knowing her address so I can send her a check.

Thank you for filing against Migna!!!!!!!

Anonymous said...

Tamara Gray???

For judge?

Anonymous said...

The reason why no qualified candidate has desired to challenge Migna is because she is perhaps the most qualified candidate.

Anonymous said...

let her be a judge at least she will have a steady income. plus the creditors will be able to garnish her judicial earnings.

Anonymous said...

Rumpole- yesterday someone metioned a John Blecher who used to work in the PD's office. It just so happenes that I was his trial partner!! My name is also Jon and if you old timers remember, when we had the office in the Justice Building, we had one of the first male secretaries and his name was John. So John H Blecher - his middle name was Harold, which he hated, was just called H or HB. Anyway, some will remember he was a hardscrabble guy from the streets of Chicago. And he had an irrational hate of doctors. He was with the PDs from like 1976 to 1979 and went into practice for a short time with Max Engle I believe. It wasn't long before he started suing doctors and hospitals and in 1984 or 1985 he hit it big with a 60 million veridict against a surgeon followed by a 50 million settlement against Mt Sinai. John (or H) took his millions and went to become a law professor at Pepperdine (torts naturally). If you knew HB you knew he loved the ladies and sure enough at around age 40 he married a 20 something pepperdine first year law student who was a Miss California.

Fast forward a few more years to the late 90's and the large house, the Ferrari, the beach home, the ski condo in lake Tahoe, and his money is dwindling a bit and he's looking for another big score. Along comes some U Cal students he meets and he agrees to drop a few million in some supid enterprise called "Google". He was in on the first limited partnership and his class B stocks were converted to something like over a million and half shares. Well Google as you know went to as high as 700 a share, so you do the math.

Bottom line is having a great life. Beautiful wife, great kids, lots and lots of money, and every year or so he sends me a card to make me jealous. But for a kid from the projects of Chicago who got at job at the PDs office here he did quite well for himself, all because he hated absolutely hated doctors and could not wait to start suing them.

Anonymous said...

6:55, YOU HAVE GOT TO BE KIDDING!!

Anonymous said...

April fools is over, right? Somebody with a long and continuing pattern of failure to meet their responsibility is not a suitable judge

Anonymous said...

It's good that Migna got competition but this oponent is a joke. Couldn't we find someone better than this to run I mean common..

Anonymous said...

Will Manny Segarra jump against Migna now? The rumor is that Armando Gutierrez was trying to convince Manny to switch to Migna's group so that Maria Sampedro Iglesia would be unopposed.

CAPTAIN JUSTICE said...

THE CAPTAIN REPORTS:

The JNC has met and voted on 6 names to send to Gov. Crist.

The following names are being sent Crist for his consideration for the vacancy created by the resignation of Judge Karen Francis-Mills.

Tamara Gray (PD)
Bonnie Riley (PD)
David Peckins
Flora Seff (ASA)
Lourdes Simon (PD)
Rodney Smith (MB City Atty)

I must say, Bennett's office must be very proud. 50% of the names are presently working for his office.

CAPTAIN OUT .....

Anonymous said...

Handicapping the list:

Tamara Gray (PD)- Never. Really long shot
Bonnie Riley (PD)- Looks real good for her especially on this list
David Peckins - unfortunately no
Flora Seff (ASA)- never
Lourdes Simon (PD)- Riley too much competition in this group
Rodney Smith (MB City Atty)- nice guy but no

Rumpole said...

I am sitting on some comments. I'm going to form a committee to give me advice on comments that approach the line. Hang in there. And county court lawyers take a breath please. I'm working on it.

Anonymous said...

NOW that Rumpole has banned him, JT is reduced to posting on the Herald Blog. See below continuing rant against Judge Tunis. This guy has serious mental problems.


Seijas critic: I forged recall signat... Print
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Comments
This is outrageous. Chief Judge Joe Farina has commenced an investigation of Judge Dava Tunis' forged loyalty oath by the State Inspector General and the Miami-Dade State Attorney. How can she then preside over a forgery trial?

Answer: She cannot.

Jack Thompson, Attorney, 305-666-4366


Posted by: johnbthompson

Anonymous said...

Is this guy related to H Blecher:

http://www.youtube.com/watch?v=1WmjFAqEYWI

Anonymous said...

We have formed a committee to review how to convince Rumpole to throw the Captain overboard. We are the "CCJAC" County Court Judges Against Captain. Not to be confused with the "DLWHC" Defense Lawyers Who Hate Captain.

Anonymous said...

she should run in broward

Rumpole said...

The comments about the Captain and identifying him as a lawyer will not go up. The Captain does not know me and I do not know who he is. So I will not allow anyone to use the name of particular person and call him the Captain.

I did not post a comment about a Judge, her husband, and allegations of impropriety. However, email the proof and I will do so.

Anonymous said...

The John H Blecher stuff is true. I was also a trial partner of his in the PD's office, and I have been to his house on Lake Tahoe,-think the house in Godfather II but nicer- and the funny part is there is a BIG Google logo on the roof. Anyway the guy is doing great and he made it and good for him. He was always decent and fair and hardworking but it is true he had an irrational hatred for anyone in the medical profession.

Anonymous said...

Something is "brewing" with Hogan Scola, give it a week or so and mark my words!

Anonymous said...

Rumpole, please post information about the New Times article about Judge Gardiner exposing her sexual relations with attorneys that appear before her.

Anonymous said...

Rump- during that time of the late 1970's there was a Jonathan Blecher who was an intern at the SAO. He was also a Navy reserve aviator. He stayed around for a few years and used to give people rides on Military jets out of the old Homestead airforce base. He was activiated for the first gulf war and flew an A-10 warthog, which for your readers is a air to ground combat aircraft. It is a tank killer and not designed to fight other airplanes. But it has a deadly cannon and he was one of those Warthog drivers who shot down an Iraqi helicopter. It achieved him some fame. He was later shot down over Iraqi airspace in what was possibly a friendly fire incident involving the British. He esacped over a week and was rescued. He returned to the States and his wife's dry cleaning business in Gary, Indiana. His story eventually reached John McCain and Blecher is currently an aide to McCain in the campaign. As far as I know he doesn't hate doctors.
Another Jon Blecher makes good story.

CAPTAIN JUSTICE said...

to 12:52 PM. It's nice to know I have a fan club. If there is anything in my most recent post that is inaccurate, please let the readers know.

Anonymous said...

the gardiner story is posted just fine on the broward blog, and when is the damn scola filing coming already?

Anonymous said...

Rump- criminal lawyer here. Lucky enough to have some space in a medium size civil firm. Lots of referrals. I read the oblog (obviously) and it has filtered to the civil guys, and to their paralegals and down to the secretaries. They all love it.

Here is the unintended effect: the civil guys have a tough boss. He decides everyday when the staff can leave and a small announcement is made over the loudspeakers- usually between 5:30 and 7pm. A secretary usually says something in code so the staff can leave and the clients don't know. Sometimes it was "code green". Lately the secretary has taken to announcing "Shumie time" over the loudspeaker, and then everyone goes. I heard it last Friday and nearly fell out of my chair laughing. I know who SHumie is but I don't know him well. But this is hysterical.

Anonymous said...

I thought the fighter pilot SAO guy was Steve Bleacher. That's the guy working for McCain. He advises him on military matters.

Anonymous said...

Keep your eye on the Q.
I do.

Fear the Q.
Admire the Q
close your eyes

pretend to be the Q

Anonymous said...

please please please tell me the SHumie story is true. I am LOL'ing and can't stop.

Anonymous said...

I remember Steve Bleacher as the guy who opened a bunch of Hagen Dazs ice cream stores in Miami in 80's. I don't remember him as a fighter pilot.

Anonymous said...

I know the Scola rumor:

It's the "Judge Jackie" show. It is part of an all star lineup of former Dade judges.

Judge Milian
Judge Alex
Judge David Young
Judge Karen
Judge Christina (en Espanol)
and now Judge Jackie.

Geez, I'm going to burn up my Tivo

Anonymous said...

Hey - how about Mr. Arocha for Judge and Judge Lindsey for the Supreme Court, it will be a joke on the legal community!

Anonymous said...

The Captain has gone way beyond anything he has done before. First it was Scanziani, now Tauler. I think Migna should pay the Captain for that research.

It's a gold mine.

Signed

CLFC (Captain Liberty Fan Club)

Anonymous said...

Tauler must be kidding.In dissent,Justice Wells even suggested she should have been disbarred.She can't be a real candidate!In recent history,has anyone run for a judicial election with such a history?Seriously doubt it.
Now,when is a serious candidate going to file against Sanchez-Llorens?Nineteen thousand dollars in contributions in one year suggest how little respect she has in community.Forty thousand in loans by candidate.Someone in our legal community must be more qualified.Others in our community must wish to become judges and perhaps give something back.If you feel this candidate is best so be it.If this is not the best person for a judicial position she should be tested by having proper,QUALIFIED opposition.

Anonymous said...

The Captain's post was very informative, but not needed. I have already submitted my application to be Migna's bailiff...

Anonymous said...

Migna v. Tauler and Cueto v. Velis. Not very promising.

Anonymous said...

my whole life never met anyone named Blecher. howcome the mdjb has had 9 of em?

Anonymous said...

Captain-your research is quite informative. However, referring to the fact that Migna's opposition was investigated by the Fl Board of Bar Examiners was a cheap shot. The FBBE are nazi like and have went after most bar applicats for some trivial issue. I dont think bringing that up is fair or necessary.

Anonymous said...

1131- you smoke crack... have you any idea who those PD candidates are??? Mark my words... Riley has 0 shot. What are her credentials? Grey at least has given her life to PD work...

Anonymous said...

IT IS ASHME OM HOW PEOPLE ALWAYS BRING JUST NEGATIVE TO THE CAMPAIGNS,ESPECIALLY IN THE JUDICIAL RACES .NOW WE MUST LOOK AT THE HISTORY OF WHAT WAS POSTED AND THOSE OF YOU WHO DIDNOT CHEAT ,SLEEP OR KNEW A FRIEND TO BECOME AND PASS THE BAR WILL SEE THAT THERES SOMETHING IN THER THATS NOT TRUE ..WE MUST ALL ALSO REMEMBER THAT WHEN A NEGATIVE CAMPAIGN IS RUN AND THE PERSON THAT DOESNOT DO SOMETHING ABOUT IT BECAUSE IT IS DEROGATORY ,THIS IS EXACTLY HOW THEY SHALL BE SITTING IN THE BENCH.WHEN KEEPING SILENCE ABOUT YOUR OPPONENTS THAT OTHER PEOPLE HAVE SAID UNTRUE AND BAD THINGS .YOU IN YOUR SILENCE ARE JUST AS GUILTY AS SAYING IT ..LMAY WE ALL GO BACK IN HISTORY DURING WORLD WAR 2 .WHAT SILENCE PRODUCED. IS THAT THE KIND OF ELECTED OFFICIALS THAT WE REALLY WANT??? IN TODAYS SOCIETY DO YOU REALLY WANT A JUDGE THATS NOT COMPASSIONATE THAT HAS NO EXPERIENCE IN ALL FIELDS ,HEY ITS YOU THAT COULD BE FACING THE JUDGE THEN WHAT ??? SO IN CONCLUSION EVERYBODY KEEP IN MIND THAT IN A POSITIVE CAMPAIGN MIRACLES HAPPENS AND YOU ALL SHALL BE SURPRISED,,ESPECIALLY IN THE TAULER -LLORENS CAMPAIGN,,KEPP SMILING IT SPREADS AND REMEBER THIS IS
the truth

Anonymous said...

Remember the following words:"lesser of two evils".In Tauler v.Llorens"those words ring true and it will be unfortunated for Miami-Dade County.
Most assuredly,someone out there in the legal community must have a desire to be a judge and posseses the qualification to be capable.Tauler could only think of running in a community such as ours/Llorens arrogance and rudeness per those she appears before;the judges and her peers suggest she should not be a judge.

Anonymous said...

Tauler is going to beat Migna to the ground.

I say this, whomever is tired of Hector Lombana, Bob Levy and the rest of the Judicial Mafia must support Tauler no matter what her past is. As I see it, she has lived a full life and can relate to the people who appear before her. Unlike the current corrupt Judges who preside in the 11th, she has seen the light and can influence positive change in this county.

Ms. Tauler, you got my support, donation and vote.

Migna, move out of Florida.

Hector Lombana, I will work to defeat all of your candidates.

Bob, you are a crook and a liar. The Phoenix will repay the debt 100%.

Anonymous said...

Captain isn't that good. If she was reinstated in '04, completely overlooked the fact that Tauler hasn't been a member in good standing with the Florida Bar for the past 5 years. She's not qualified.

Captain you're insane.

Anonymous said...

It is unfortunate that Llorens, someone with very good knowledge of the law, unlike many of the existing members of the judiciary, has proven over the years that she is extremely rude, insensitive and easily swayed by those with more cash in hand to contribute to her campaign. We already have enough of this. Tauler will bring a new perspective.

Anonymous said...

WELL WELL WELL OBVIOUSLY. WE HAVE TOO MANY SO CALLED LAWYERS HERE THAT DO NOT CHECK THEIR HISTORY WELL..I GUESS THEIR CLIENTS MUST SUFFER TOO AND LOOSE IN COURT.YOU ALL MUST UNDERSTAND THAT TAULER IS THE UNDER DOG HERE.BUT SHALL PROVE TO TAKE THE HIGHER ROAD TO OFFICE.IN TIME LOTS OF YOU SHALL SEE THE TRUTH,THEN I SAY YOU WILL BE WELCOMED..SO MAYBE YOU MAY LEARN A THING OR TWO FROM A REAL HUMAN BEING....REMEMBER A JUDGE MAKES LIFE OR DEATH DECISIONS THAT IMPACTS AN INDIVIDUAL OR PEOPLES LIFE .SINCERELY
the truth

Anonymous ASA said...

I was a division ASA when Migna was on the criminal bench. She was ALWAYS polite, Gabe everyone an opportunity to be heard, and a pleasure to appear in front of. When was this catastrophic shift?? I’m sorry, but some male Attorney’s ALWAYS bash female judges. I’m calling BS.