Monday, June 23, 2008


OUR LONG JOURNEY TOGETHER HAS COME TO AN END
FACDL President Rick Freedman is a guest columnist today:

Circuit Court Judge Jeffrey Rosinek, head of the "Drug Court" is leaving the bench. Judge Rosinek has been on the bench since 1986 and he has spent the past ten years in Drug Court as the presiding judge. His last day on the bench as the Drug Court Judge is this Friday, June 27, 2008. He will be at the graduation ceremonies in July and August, and his resignation to Governor Crist will not become official until the end of August. But, he will no longer sit on the 4th floor of the Gerstein Justice Building, and for that, it is a very sad time.

We have so much to thank Judge Rosinek for. Judge Rosinek has been fighting for those in need of substance abuse treatment for so long. It is a fight that he seldom loses. It is a struggle to get the money he needs to make his fight a successful one and he has appeared before anyone who will listen, and many who did not want to hear from him over the years. Every time the budget was cut for Drug Court, Judge Rosinek got the money from somewhere. He went to the Chief Judge, and then to the Miami-Dade County Commission, and then to the State Legislature, and finally, to Washington and the White House.

In 2003, when he had enough of the begging for drug court money, he and attorney Richard Baron formed Friends of the Drug Court, Inc. What happens to drug court graduates? Before 2003, they were on their own. Now, with the help of Friends of Drug Court, they have somewhere to turn to. Further substance abuse treatment at half-way and three-quarter way houses, educational grants, and housing assistance, are just a few of the ways that Friends steps in to help the recovering addict. Take a look at their website at

FRIENDS OF DRUG COURT

And what are the numbers? A look at the recent successes of Drug Court shows the following:

"Drug court programs have a real effect on criminal recidivism. A National Institute of Justice study compared rearrest rates for drug court graduates with those of individuals who were imprisoned for drug offenses and found significant differences. The likelihood that a drug court graduate would be rearrested and charged for a serious offense in the first year after graduation was 16.4 percent, compared to 43.5 percent for non-drug court graduates. By the two-year mark, the recidivism rate had grown to 27.5 percent, compared to 58.6 percent for non-graduates." (2005).
MIAMI'S DRUG COURT: “SAVING LIVES ONE ADDICT AT A TIME”
(Appearing on the White House Drug Policy website,
states in part:
"For Judge Jeffrey Rosinek, who runs the Miami Drug Court, drug court is so different from a traditional court that they might as well not be called by the same name. “In a traditional court, there is a prosecutor on one side, a defense attorney on the other side, and a judge in the middle,” says Rosinek. “Here, the court is unified and non-adversarial. Everyone is here to get that person off drugs. These people have never seen a judge who does that. They have never had a team of people who are there to help them the way we are.”Rosinek presides over the country's oldest drug court, founded in 1989. The court has roughly 1,600 clients at any given time - whom it keeps for a minimum of 12 months. Many stay for 18 months, and some for more than two years. The drug court’s mix of supportive cheerleading and persistent confrontation is what it takes to get many dependent individuals to start down the road to recovery, although the confrontation usually comes first. “Our job is to use every way including coercion to get them off those drugs, because most people simply do not want help,” says Rosinek. “The judge and their attorney might tell them, ‘Try it and see how you feel when you have been clean for a few weeks,’ at which point they are starting to feel that maybe it’s working. And at the drug court, they have a whole team of people pulling for them.” When clients come in for their monthly hearing, the judge receives a two-page report that spells out whether they are employed, what they are doing in treatment, and the results of the all-important drug tests. “If it’s not a good report, I’ll drug test them again right there,” says Rosinek. “We try graduated sanctions. The final sanction is jail—but we always take them back.”


So, if you happen to be in the Gerstein Justice Building this week, drop by courtroom 4-4 and say hello to Judge Rosinek. Thank him for the job he has done. And, you can do more. Make a donation to Friends of Drug Court, Inc. You can drop a check by Judge Rosinek's chambers or mail it in if you like.

On behalf of the Officers, Directors and nearly 400 members of the Florida Association of Criminal Defense Lawyers - Miami Chapter, we want to thank you Judge Rosinek, We will miss you!

RICK FREEDMANPresident, FACDL-Miami
Rumpole says: Quite simply, for the caring and concern he has shown in 20 plus years on the bench, Judge Rosinek is one of the finest human beings we have ever met. A "saint" is not over emphasizing the number of lives he has saved. He can look back on a career sparkling with saved lives and second and third chances. Thousands of people in our community went to jail with nowhere to turn, until a man named Rosinek stepped in and showed them the way. How many now have jobs? How many now have families? How many children now have a parent instead of an absent addict?
May the good lord bless you Judge Rosinek for all you have done. Godspeed.

24 comments:

  1. Jeff Rosinek is indeed a great human being. I was one of the first prosecutors he had in his division in the old Miami Beach Branch Courthouse. I remember that neither of us knew what we were doing and we would agonize long into the night about whether he should set a $200 or $300 bench warrant on a case.

    One day early on in my career, my secretary called me and told me Judge Rosinek needed to see me immediately. On my drive over to the Beach, I wondered what I had done wrong. I went into chambers passing a young couple that were sitting on chairs outside. Once seated Jeff told me that he had just signed an order of eviction for the people outside, and now WE needed to find them a place to stay. This was the first of many "adoptions" that we did during the time he was the Judge on Miami Beach. From evictions to elderly people that needed medicine or food, my time as his prosecutor was never boring. This was clearly the beginnings of what would become drug court and friends of drug court.

    Jeff Rosinek is indeed a once in a lifetime type of person that you meet. Caring, concerned, a great sense of humor, just a wonderful wonderful guy. We need more people like him and Dade County and the Dade Bench has sufferred a great loss here.

    His retirement is well earned here and I wish he and Sandy a great time on their new farm out on the west coast. (Rosinek a farmer? Now I've seen it all.)

    Phil

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  2. PS. Great words Rick Freedman.
    Phil R.

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  3. hey Phil, some would say you still dont know what you are doing!!! but as Rump, you are doing great.

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  4. Judge Rosinek gets the ultimate compliment from my office. He is a judge you can always trust with your client.

    We will miss you. You have been great. Good luck with your future.

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  5. Drug Court is not a glamour job. It is purely for the Judge who cares... a real, real lot.

    What is best about him is what he does off the bench.

    As a defense attorney, when you get a client where the parents or loved ones are agonizing over the abyss that a person on drugs falls into, Judge Ronsinek will take them into his chambers and counsel them.

    I had a client, a Federal drug agent, whose teenage son was unraveling because of drugs. It killed the agent just to enter the system from the defense's side.

    We met with Judge Rosinek, he explained the pros and cons of the various programs, he counseled the kid and made a huge difference in the paths of this family's future.

    His chambers are filled with people that always are friendly, giving and display care. Good Judges yield good staff and his staff are of the highest caliber.

    Such committment and compassion is not that plentiful.

    I, along with Phil, also started with Judge Rosinek in County Court and watched his development.

    He will be a hard Judge to replace

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  6. Go ahead and post that "porn movie" comment at another time. This thread is dedicated to Judge Rosinek and lets keep it at that for now.

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  7. Judge Rosinek,

    While I only had two clients before you in my young private practice, both were succesful in your program. Thanks to you and my clients dedication, I have seen first hand a few young mens lives turned around. On behalf of them, I say Thank You for being such a good guy.

    God bless,

    Young Defense Attorney

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  8. Impeach Freedman.

    PS Godspeed to Judge R.

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  9. Relax folks- he already called the Q.


    Former Miami Heat basketball player Rasual Butler, 29, was arrested early Monday morning in Miami Beach and charged with carrying a concealed firearm and wrongful display of a firearm.

    He left the Miami-Dade County Jail after noon on Monday after posting a $6,000 bond, according to Janelle Hall, a corrections spokeswoman.

    According to Miami Beach Detective Juan Sanchez, the incident occurred at 5 a.m. in the 1200 block of Washington Avenue.

    Police responded to calls of a man pointing a firearm at several people and making threats. The man at whom he allegedly first pointed the gun fled before police arrived.

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  10. I got a call today from Jeff Harris regarding a young Broward lawyer named Richard Ansara. Mr. Ansara had the misfortune to appear in front of Judge Yaccucci in St. Lucie Co this morning for a plea conference.During the plea Ansara interjected himself 2-3 times to clarify important points. The Judge erupted on him and summarily sentenced him to four hours in custody, remanded immediately. Ansara's reaction was to mutter "Jesus Christ" which provoked the Judge to increase the sentence to 14 days and an order to the bailiff to immediately remove him from the courtroom. (This is gospel-- I heard the tape.)

    Ft. Pierce is a good 45 minutes from my office, so I recruited local help, Don Chinquina (who is running for PD up there) and Julia Baginski. Both are FACDL members and were at the Key West meeting. These two jumped right on it. Within thirty minutes I had a tape of the hearing (played for me over the phone) and knew what we were getting into. Don went to see Yaccucci to ask for a bond hearing. Yaccucci demanded an apology or said there would be no bond. Chinquina and Baginski went to the jail together to visit Ansara and let him know we were working on it. Ansara was brought to court at 1:45 (we are not sure why) and Chinquina was there to represent him. He apologized and the judgment and sentence were vacated. Because of the help of Chinquina/Baginski I was able to stay in my office and draft an emergency petition for writ of habeas corpus. It wasn't needed.

    I wanted you to know these two were really helpful. That is a new chapter, but they were real troopers. They dropped everything to help-- in a circuit where FACDL has not previously been very active. Maybe some kind of recognition from you would be nice for them. Ansara had a bad day, but he'll be home for dinner.

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  11. If you draw a rectangle where one side is the Turnpike and the other Palm Beach Gardens road, we can define Florida and Miami. If all you Miami lawyers stay inside your box, then nobody has to go to jail.

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  12. PLEASE TELL ME IT'S NOT TRUE!!

    Call it tit for tat: Fresh off of the U.K.'s denial of entry to Martha Stewart, the U.S. has banned Boy George from its shores.

    Somehow, it doesn't quite feel like a fair trade.

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  13. Judge Jeff Rosinek is a true public servant. His selfless dedication to civic duties and his commitment to volunteering his time and money to those in Miami Dade County will be remembered by those he helped.
    As a result of his efforts, countless children received wrapped Christmas gifts each year at the Caleb Center. Inner city kids were able to go out on fishing trips, attend Heat games and other activities because of Jeff Rosinek. He organized countless fund raisers for the needy. He is one of those rare human beings that would give what he had to somebody who needed it more. We were working on a Habitat for Humanity project in S. Dade for Kiwanis back in the mid 90's when Judge Rosinek literally gave a homeless man the shirt off of his back.
    I am sure many of you have similar stories to share. This blog often discusses what Judges do when they are on the bench. Jeff Rosinek set the standard with his conduct off the bench. He will be missed as a jurist and a humanitarian.

    Marc Morris

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  14. The world needs more people like Judge Rosinek. The criminal justice system should not be one of knee jerk paternalism and short-sighted punishment. Rosinek is living proof that there is more than one way to improve safety and productivity in our community.

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  15. Let me offer a dissent on drug court. It is a waste of resources and has no place in the criminal justice system. The underlying but unspoken premise of drug court is that the people enrolled therein are not criminals but addicts who should not be punished but treated for a medical/psychological addiction. You would never see a counterpart for a chronice wife beater or shoplifter or for that matter, a chronic gambler who robs a gas station to support his habit. So I say get rid of drug court. And the way to do it is to decriminalize possession of personal use amounts of cocaine or make it a misdemeanor and let them all plead out to time served the next day. Drug court to me is a symptom of our government meddling in people's personal lives. Judges, prosecutors, and public defenders should not be responsible for taking care of people who cannot take care of themselves. And look at the benefits: decriminalize possession of cocaine and you will be able to park your car at 9 30 am on Monday within 100 feet of the courthouse.

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  16. This is one of my favorite stories from drug court. I was the ASA in drug court when Janet Reno was being considered for the US Attorney General position. Since she was one of the drug court pioneers, there was always a lot of media around drug court during that time. One day while covering for Judge Goldstein, Judge Rosinek took the bench and after waiting around for a few minutes indicated that we had to wait for the APD before we started. I said something to the effect of "we're all public defenders in here". Next day, I was quoted in the NY Times and my "friends" wall-papered the entire SAO with my quote. Thankfully Ms. Reno has a sense of humor.

    I recently did a search for the article and found it here (Not exactly how I remembered but close):

    http://query.nytimes.com/gst/fullpage.html?res=9F0CE5DF1338F93AA25751C0A965958260#

    Judge Rosinek, you were a natural and the perfect choice to replace the legendary Judge Stan! We will miss you.

    Joe Fernandez

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  17. OK all of you out-of-work private defense attorneys. Here's your chance for some extra cash. The Miami Public Defender has decided they're too overworked and underpaid to take cases. As of today they're opting out.

    Wonder how the poor folks at the Courts and State Attorney are going to "opt out"?

    Here's a thought... Scrap the PD's office and completely privatize indigent defense.

    http://pdmiami.com/ExcessiveWorkload/Excessive_Workload_Pleadings.htm

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  18. the trialmaster does not venture in drug court. the trialmaster is not a social worker. The trialmaster goes to trial and takes down the state, and more often the feds.

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  19. Go to the Law Office of BHB web site to see what a bag of shit the office has become- after decades of waste. There you will find a pleading saying that the office will no longer accept felony cases because the budget was cut 8.5%. Try cutting the fat by 8.5%. It is amazing to see the same tired old faces who graze day after day waiting to enter drop and then to retire. What a sad state of affairs it is over there. Bennett, Rory and Weed- hold your heads in shame.

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  20. Rump
    The first time I was infront of Judge Rosinek was also in 1086 at M.B. Branch Court on a landlord/matter. Then in 1989 I was in his DUI division as a PD. I've known him for years and think he is a good guy and a great Judge.
    D. Sisselman

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  21. Jeff & Stan Blake were law partners. They ended up being two of the better judges in the REG. It only goes to show that good guys sometimes finish first. We'll miss you Jeff! Just please leave Stan with us (we promise to take good care of him).

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  22. You may not know this but before Judge Rosinek was a judge, he was a high school teacher. I was lucky enough to have him as one of my teachers at Coral Gables High over 30 years ago. To this day, I remember what a fabulous, caring teacher he was, qualities he obviously carried forward in his legal career. He will be missed, not just by those who benefited from his wisdom and kindness in the court room but by everyone he has touched in this community. I wish him and Sandy all the happiness they so richly deserve! Yvonne

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  23. Except y'all have it ALL wrong. He's mob and he's a bad person. He should be detained for questioning in the 1985 incident at Air Florida reservations office.

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