When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
JUSTICE BUILDING BLOG
Monday, August 30, 2010
PRE TRIAL RELEASE FOR THE ROCKET
THE CAPTAIN REPORTS:
SO YOU WANT TO BE A CIRCUIT/COUNTY COURT JUDGE ?????
Qualifying for judicial races in 2012 is still 21 months away but don't be surprised if candidates begin lining up to run for a seat on the County or Circuit Court. There are a large numbers of judges up for reelection in 2012, some of them will be aged out and others will retire, simply deciding not to run for reelection.
Here is the list**:
54 Arzola, Antonio
68 Blake, Stanford
66 Brown, Joel
22 Cardonne Ely, Gisela
56 Dennis, Maria Espinosa
29 Echarte, Jr, Pedro P.
13 Fernandez, Jose L.
24 Glazer, Mindy S.
60 Gross, Maynard A
31 Korvick, Maria Marinello
48 Lando, Maxine Cohen
15 Langer, Lester
49 Leban, Mark King
14 Lederman, Cindy S.
61 Leesfield, Ellen
78 Manno Schurr, Valerie R.
79 Marin, Antonio E
80 Mendez, Marisa T.
08 Miller, David C.
25 Murphy, Dennis J.
67 Platzer, Victoria
65 Reyes, Israel U.
47 Rothenberg, Arthur
42 Schwartz, Lawrence A
43 Venzer, Ellen Sue
40 Cohn, Don S.
09 Del Pino, Victoria
04 Faber, Robin
02 Francis, Mary Jo
25 Gayles, Darrin P.
14 Gonzalez-Meyer, Gloria
21 Hague, Andrew S.
41 King, Lawrence D.
08 Kravitz, Shelley J.
06 Krieger-Martin, Luise
29 Lehr, Myriam
12 Leifman, Steve
01 Marino-Pedraza, Patricia
39 Miller, Bronwyn C. ***
26 Ortiz, Maria D.
10 Pando, Ana Maria
37 Perez, Gladys
28 Pooler, Catherine M.
24 Ricker Wolfson, Andrea
27 Schwartz, Sheldon R.
32 Schwartz, Caryn Canner
38 Simon, Lourdes
03 Slom, Samuel Joseph
22 Stein, Linda Singer
33 Thomas, Teretha Lundy
18 White-Labora, Deborah
**I know I may have missed someone, so if there is an error, please don't hesitate to correct it.
***Judge B. Miller will be running as a Circuit Court Judge and her replacement (to be named) will be up for election as a County Court Judge.
Let the campaigning begin!
CAPTAIN OUT .....
Saturday, August 28, 2010
THE ASSOCIATED PRESS
MIAMI -- Forecasters say Earl has strengthened into a Category 1 hurricane as it barrels toward several islands in the eastern Caribbean.
Meanwhile, the Category 1 Hurricane Danielle was bringing dangerous rip currents to the U.S. East Coast.
The U.S. National Hurricane Center in Miami says Earl could make landfall over the Northern Leeward Islands as soon as Sunday night.
Friday, August 27, 2010
JUDGE JOE DAVIS
Thursday, August 26, 2010
I have seen many comments on this blog about Manny Alvarez being a CABA candidate.CABA does not endorse candidates,individual CABA members might ,but never the organization.As a matter of fact there were CABA members and Ex Presidents on both sides of this particular election.
BTW Congratulations to Judge Ed Newman on a hard earned victory!
Hector J. Lombana Thursday, August 26, 2010 7:56:00 AM
Rumpole says: A few thoughts:
First, both Judges who lost cannot say they weren't warned. For years attorneys have complained- on this blog-to the chief judges- and amongst each other- about Peter Adrien. Lawyers seeking to assist him scheduled meetings with him. The answer was always the same: "I will run my courtroom my way."
It is no accident that Larry Handfield, an attorney who is nationally known and highly respected in this community, was the treasurer for Adrien's victorious opponent- Samantha Ruiz Cohen.
We know that Mr. Handfield tried (and won- so his actions are not sour grapes) at least one case before Judge Adrien. We suspect he attempted to speak with the Judge at some point after the trial, about his actions, and how he ran his court. We also suspect he was similarly brushed off.
If you think about it, it takes a lot for a well known attorney to actively campaign against a sitting circuit judge. Among many considerations is that you don't want to incur the wrath of other sitting circuit judges. However, in this case, it is well known that not many of his colleagues are ruing his loss.
You reap what you sow, and Mr. Adrien sowed his courtroom with disrespectful treatment of attorneys, clients, witnesses, and courtroom staff (one older court reporter had "an accident" after the judge refused to give him a bathroom break.).
Judge Seff's defeat is a little more complicated. Judge Seff brought to the bench over two decades of not just experience, but the reputation of fairness and honesty as a prosecutor. To be sure, the pages of this blog's comments section were littered with complaints about her courtroom demeanor. So she was warned as well. While we think her defeat has less to do with a few dozen attorney's complaints, and more about the politics of Dade County, there is a message here as well.
There is also a message for Judge Newman, and it has little to do with the now infamous court proceeding against one attorney. One case does not a career or reputation make. And while we endorsed Judge Newman, he would be well advised to look in mirror and ask himself what he can do better. There is more to the undercurrent of belief that he has some problems in how he runs his courtroom than this one case. If he feels his victory here will insulate him from further challenges, he is sadly mistaken. Just ask former Judge Martin Kahn. He was challenged in every election cycle he sat on the bench (wrongfully we believe), and finally he was beaten.
There are lessons for all Judges from this election cycle. We hope they pay more attention to this than the FLW's gathering dust in the corners of their chambers.
See you in court.
Wednesday, August 25, 2010
THE MAN IN THE ARENA
It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.
Samantha Ruiz Cohen 121,015 - 70%
Peter Camacho Adrien 51,806 - 30%
Monica Gordo 105,841 - 64%
Robert Kuntz 59,164 - 36%
Edward Newman 88,567 - 53%
Manny Alvarez 80,138 - 47%
Michaelle Gonzalez Paulson 90,941 - 57%
Flora Seff 69,652 - 43%
All in all, as expected, except of course for the Paulson victory. The voters of Dade County have spoken and they have elected an eight (8) year "veteran" attorney over a career prosecutor than has spent 30 years practicing law. Did Flora have that "Loree Schwartz Feiler Fever" and turn off enough attorneys that appeared before her, that that reputation trickled down to the voters in our community? Was the Gonzalez name the primary reason why the voters elected someone with only 1/4 of the experience. And they didn't just barely elect her; this was a 14 point loss for Seff. I have no doubt Judge Seff will land on her feet and find another calling in the law where she can use her experience and talent to improve the practice of law around her.
And, now that Ed Newman has faced a serious opponent and has almost lost, will he change his ways on the 6th floor? Likely not. He believes that he is running the show up there the way it should be run.
Good luck to all the winners.
20 races and not one incumbent lost. Yes, you heard it right. Despite the ravings of the JAABLOG to throw the bums out and to challenge the current structure that has been running the courthouse for so many years, all of the challengers to the incumbents lost. And they lost BIG. The winners garnered 71%, 55%, 58%, 69%, 64%, 65%, 56%, 70%, 71%, 60%, 70%, 67%, 75%, and 70%.
There is one race that will go down to the wire and may result in a recount.
Circuit Judge Carlos Rebollo - 60,166 - 50%
Challenger Bob Nichols - 59,206 - 50%
What happened to the strong ethnic "Jewish" vote that used to carry the day for anyone running in Broward. Either they are all dead, stayed home, or the electorate got much more intelligent in the past few years.
By my count, there were 12 races where an incumbent Judge faced a Jewish challenger. The final tally: Incumbents 12 - Jewish Challengers - 0.
Gillespie beat Parker
Williams beat Schneider
Rodriguez beat Goldstein
Lebow beat Rafilovich
Destry beat Jakovich
Rebello is beating Nichols
McCarthy beat Bernstein
Luzzo beat Levine
Porter beat Seidman
O'Connor beat Sokoloff
Skolnik beat Steinsaltz
Merrigan beat Golburgh
Hurley beat Donoho
Pratt beat Berkowitz Carpenter
Robinson beat Breslow
Congratulations to former APD Sandra "Sandy" Perlman who destroyed County Judge Lee Jay Seidman in an open seat on the Circuit Court. Perlman had filed 18 months before the deadline. Seidman filed 18 minutes before the deadline. The voters chose Perlman 68% to Seidman 32%.
Congrats go out to APD Mindy Solomon as she won an open County Court seat by beating Roshawn Banks, 68% - 32%.
Congrats to Ken Gottlieb (former Hollywood Commiss, former State House Member) as he wins a seat on the People's Court by getting more votes than Steven Schaet, 65% - 35%.
Run-offs in County Court:
John Fry - 41,745
John Howes - 41,311
FJ McLawrence - 43,411
Mardi Anne Levey Cohen - 39,824
(Yes, she adds one more name after each election loss)
So, not much change "North of the Border"
See you in Court.
CAPTAIN OUT ......
Tuesday, August 24, 2010
REGJB ELECTION RESULTS 2010
Monica is in a similar position but up by only 30,000. Still not enough out there, Bob. Call this one Monica's to lose.
Seff is behind by 15,000 and can make up that difference. She will do well late in the black precints where turnout is heaviest. She can make it up there and this will go down to the wire. Call it a tossup at this point.
Eddie is only 5,000 down and like Seff will do well late. He's going to win pulling away.
It's been called the "greatest play in baseball" and voted as one of the top 100 moments in baseball history. It happened more than 34 years ago, on April 25, 1976, and it involved Rick Monday of the Chicago Cubs. And watching it may remind you why it's so very important to take advantage of the freedoms we all have and of our right to chose our elected officials in a free and democratic way.
Hundreds of thousands of young men and women have given their lives in defense of our country, your freedom, and everyone's right to vote. Last week, Rumpole ran a story on the 70th anniversary of one of Churchill's "finest" moments and it too reminded us how important it is to remember the sacrifices that others have made, for us and our freedom.
If you do nothing else on Tuesday, take a few minutes out of your busy lives, and go down to your local polling place and VOTE.
And Judges, take a line from Judge Lenny Glick's book on Election Day, and let your jury out a few minutes early so they can exercise their rights and vote.
Good luck to all of the candidates.
CAPTAIN OUT .....
Monday, August 23, 2010
Saturday, August 21, 2010
"AN AFFECTIONATE FAREWELL"
Friday, August 20, 2010
August 20, 1940.
Thursday, August 19, 2010
JUSTICE IN DA HOUSE
Wednesday, August 18, 2010
Tuesday, August 17, 2010
The Shot Heard 'Round the World.
Monday, August 16, 2010
THE CAPTAIN REPORTS:
ELECTION CENTRAL 2010 – COUNTY COURT
Good afternoon loyal readers. The polls have been open for one week now and according to Miami-Dade’s Election Chief, voter turnout so far is light. You can exercise your constituitonal right to vote by absentee ballot, or, by showing up at a polling cite between now and Election Day during Early Voting, or, you can wait until Tuesday, August 24, 2010, Election Day.
In Miami-Dade County, voters will cast ballots in four contested judicial elections. Last week, we covered the two Circuit Court races. Today, let’s review the first contested race for County Court.
In the County Court, Group 7, incumbent Judge Edward Newman faces off against challenger Manuel “Manny” Alvarez.
JUDGE EDWARD NEWMAN
He has been a member of The Florida Bar since 1987. He was first elected to the bench in 1994. Those of you old enough to remember will recall that Judge Newman actually attempted to run for Judge in 1992. Only problem: the Florida Constitution says that you must be an attorney for five years before you can qualify to run for Judge; at the time, Newman was not.
Newman, like Circuit Court candidate Robert Kuntz, took up law as a second career. Newman played college football at Duke and was drafted by the Miami Dolphins in 1973 in the sixth round. He played 12 years with the Fins, went to three Super Bowls, won one (in his rookie season) and made the Pro Bowl four times as an offensive lineman. During his final season as a pro, Newman began taking night classes at the UM law school. He graduated with his law degree three years later.
His entire 16-year career on the bench has been in County Court. And, it seems from reading this blog recently, that our readers either love him or hate him. He certainly has his own way of doing things, and Coral Gables attorney and JNC member Gonzalo Dorta learned that when he appeared before Newman on March 24, 2010 on an LSA case. Although the State eventually Nolle Prossed the case on the day of trial, many of you have already read the transcript of the colloquy that took place between the Judge and Dorta’s two attorneys: Robert Pertierra and Al Milian. (To see the transcript, take a look back at Rumpole's August 4, 2010 post on this blog). To some, Newman's judicial demeanor was unacceptable; to others, it was just Newman being Newman.
Judge Newman has raised $184,000. Of that, $110,000 is his own money. Judge Newman had a good quarter (April 1 - July 16) and raised $40,300. Some of his $500 contributors include: Best & Associates, Leinoff & Lemos, Jaurequi & Jaurequi, Robert Reiff, Simon Steckel, Eric Stupel, Scott Hidnert, Ron Book, and Mark Seiden.
He has spent $91,000 so far, including spending over $51,000 in just the past couple of weeks. Most of that money ($48,000) went to Creative Ideas Advertising (Maritza Gutierrez; yes she is related to Armando), for direct mail, yard signs, palm cards, etc. He has also paid at least two consultants: Armando Gutierrez has been paid $13,000 and Nelson Horta has received $1,000.
NOTABLE EXPENSES: I noticed three very questionable expenses: On July 2, Newman spent $343.35 at Sports Authority for “Miami Dolphin momentos for fundraiser hats and footballs”. On July 4, Newman went back to Sports Authority and spent another $53.60 for the same thing. And on July 9, Newman billed his campaign for $318.32 for a charge at Cubavera for “Guaybera shirts as consideration for player appearance". Now, the way I read that is Newman had to buy some fancy shirts for one or more of his former Fins football players in order to get them to show up at a fundraiser. Is that a permissible expense to charge to your campaign???
You can visit Judge Newman's web site here.
MANUEL “MANNY” ALVAREZ
He has been a member of The Florida Bar since 1986. During his more than 24 years of practicing law, Manny has been an Assistant Public Defender in Miami for almost 20 years. He twice hung out his own shingle: going solo from 1989-1992 and with the law firm of Gonzalez (Silvia-his wife) & Alvarez from 2005-2007. He returned to the PD’s office for his most recent stint in 2007.
During his career at the PD’s office, Alvarez has handled everything from Juvenile cases through capital murder cases. He is currently First Chair Death Qualified. Alvarez is also an accomplished appellate attorney having authored over 800 appeals with over 200 published opinions. He has argued before the Florida Supreme Court eight (8) times.
Recently, the DBR covered a story concerning the 1992 arrest of Alvarez on two charges: Carrying a Concealed Firearm and Violation of DV Restraining Order (F91-18321). The allegations centered around Alvarez’ mother calling police and informing them that Alvarez was at her home in violation of a restraining order she’d obtained against him (91-22003-FC-04*). Alvarez entered a PTI Diversion program, completed it successfully and all charges were dismissed. (*According to the online docket, it appears that the DV Order was dismissed 39 days after it was filed).
Some in our legal community have posed that Dorta, Pertierra, Milian and others urged Alvarez to file against Newman because of the way he handled the Dorta case. Alvarez denies these allegations; although he did file his papers with the Division of Elections to run for Judge on March 30, 2010 just three weeks before the deadline, (and six days after the Dorta hearing).
Alvarez has raised a total of $40,800. Of that, only $1,000 is a loan from Manny. Maximum $500 contributors include: Rob Pertierra, Alberto Milian, Gonzalo Dorta, Gonzalo Dorta PA, Matias Dorta PA, Gamba & Lombana, Rene Sotorrio, and Arnold Trevilla.
Alvarez has spent a total of $17,100 so far. He paid $1,000 to consultant Janell Amador, $1,000 to Stephanie Warnell, and $1,000 to Willing Campaigns, Inc (Julio Perez).
You can visit Alvarez’s web site here.
The Miami Herald has endorsed Judge Newman. Who do our readers and bloggers think should wear the robe? Let's hear from you!
CAPTAIN OUT .....