Thursday, August 26, 2010

HYPOTHETICALS

We received this comment, and have been scratching our heads as to who the judge is:
(the full comment is on the comments sections of yesterday's post.)

Anonymous said...
Regarding a Hypothetical Certain Judge: being in a big firm, I have heard comments over the years about his courtroom. I had never had a case assigned to him. About a year ago, a colleague asked me to cover a motion calendar hearing on an unopposed motion before Hypothetical Certain Judge (opposing counsel wouldn’t be there and told me to represent her agreement). ... The morning of the hearing, I asked a new associate if he’d like to come to court with me, ... So I showed the associate how to find our case on the docket and check in with the bailiff. ...The associate and I approached the bench, informed the court that we were submitting an agreed order on a motion and that opposing counsel consented to the entry. Hypothetical Certain Judge noted the docket didn’t have a lot of activity for the past few months (the case was less than a year old). I informed the court that the parties had been engaged in substantive settlement communications over the past few months and we were hoping to wrap the case up in about a month. The judge scowled, and speaking to me like I was a child told me that if he doesn’t see some record activity he’s going to call us all in. Just dripping with condescension is the best way to describe it. I told him that, respectfully, the parties didn’t want to engage in expensive discovery ... With a dismissive flick of his hand, he said, scowling “move this case along.” He entered the order. ...
I was not going to vote Tuesday. Around 4pm I started thinking about the experience I just told you about. I called my significant other and arranged to meet at our polling station after work and left early. We voted for Hypothetical Certain Judge’s opponent.



MR. Hector Lombana wrote in and had this to say:

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.

50 comments:

  1. CABA doesn't endorse candidates? Right. And Al Capone was a secondhand furniture dealer.

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  2. Ha.

    Hector Lombana chiming in to "congratulate" Newman is a joke. Newman knows what the score is/was and knows you are full of shit. You and the CABA mob put up a candidate against a sitting judge because that judge did not kiss Dorta's/Milian's/Pertierra's ass fast enough. It was a bad precedent for you and the mob. Even worse for Alvarez. The sad part is that I hear from other CABA higher ups that Lombana was told by alot of members not to run anyone against Newman, but that Lombana did it anyway.

    For a guy so savvy in judicial politics, this was a bad move. You put up a relative unknown in Alvarez. He had no money, no "juice," no time to campaign, no recognition, no nothing. What he did have was a "cool" name in Dade poltics and that likely was the reason he made it a race. If Manny Alvarez truly wanted to be a judge, there were other persons to run against and he would have made the decision before April 2010. This campaign was not about getting Alvarez elected more than it was getting revenge on Newman. If Lombana was smart, he would have run two latins against Newman, one of whom was a female. Then do the old Dade county game of throwing a latin name on the ballot and see what happens. We all know that is the game in judicial politics where 99.9% of the electorate couldnt give a reason to vote one way or the other.

    Screw you Lomabana. I'd have more respect for you if you came out and said, "Okay Newman, you're still a tool and we'll get you next time." At least it would be truthful.

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  3. very well said Rump. Reasoned and articulate. All judges, not just those mentioned, should pay very close attention to what you wrote (i.e., Betty Butchko).

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  4. Uh duh. It was soon-to-be-former (dare I use the word) Judge Sylvestre Peter Camacho Adrien.

    Only 107 more days until he is unemployed. He may be the first former judicial officer to have to claim unemployment benefits.

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  5. Speaking to the "hypothetical judge" scenario, I don't think the Judge did anything wrong (other than perhaps using an unprofessional tone). Try litigating in federal court sometime and you will see what I mean. They move cases. It forces the parties to get on with the merits or settlement without dragging their feet. If you don't want to participate in discovery, don't litigate. Done. Next case please.

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  6. This is a refreshing approach: http://www.browardbeat.com/the-quiet-return-of-barbara-miller/

    It didn’t prevent her from having a quiet role in her first love – judicial campaigns.

    “My goal was always to make the courts better,” Miller said.

    Miller has a famed check list for attorneys seeking her services:

    * You had to be a top AV rated lawyer.
    * You had to be taking a pay cut to be a judge.
    * You had to have a leadership role in the community. “It wasn’t good enough to just be a member of an organization,” she explained.
    * You had to have at least 10 years of legal experience.


    Are you listening Bob Levy?

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  7. Your assumption that Judge Seff (glad she lost by the way)was on notice because she reads your little blog is a bit presumptuous and egocentric. Thank you.

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  8. I agree. Ed, listen up. You keep up the crap and we will find a female of with a Hispanic name (well, actually two or three last names) with no "baggage" to run against you in 5 years.

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  9. Rumpole,

    You left out a very important group that Adrien totally disrespected: jurors, both sworn and potential. He'd ask totally off-putting irrelevant questions during voir dire; and sometimes have them start their "day" in early evening hours. Douche for all time. Good riddance.

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  10. I have to say I completely agree with you. I was outraged at the behavior I saw from Peter Adrien. He even made a potential juror return to court three days in a row under the threat of being held in contempt, because he did not like her response. His behavior was shameful.
    As to Judge Newman, I pray he gets it. His nickname, "Special Ed" is representative of the way he acts. I don't understand your endorsement of him except maybe you have not been before him much. He is rude and does not follow the law. I have seen him rip attorneys a new one for being late to court and belittle them. I was also a pd in his court room in my earlier days and he could be quite a bully but worse than that was the he made bad evidentiary rulings, allowed the state to admit evidence which should not have been admitted, treated the defendant's with disdain and many time acted in a bizarre manner.

    As for Judge Seff she made the mistake of forgetting she was no longer a prosecutor. A thing Judge Glick should think about for the future.
    Clearly the message to sitting judges is don't get comfortable, don't think that you won't get opposition simply because you already have the position. It is happening in Miami-Dade as well as in Broward. People want to be treated with respect and they expect the Judge to know the law. Victims as well as Defendants have family members who vote and the minority community is sick of judges with the, "lock em up and throw away the key mentality."
    I would love to see some other Judges who are way too comfortable get opposition such as Judge Hogan-Scola, Judge Tunis, and Judge Butchko. Oh and if we could only get rid of Sheldon Shwartz! Im just saying....

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  11. If Hector really wants to congrats Judge Newman he should write him a check to the "Ed Newman get my money back fund." Newman could have costed into another term and purchased himself another condo in Naples had it not been for the Cuban America Bar Association. This, my dear hector, you cannot expect is so easily forgotten. Buenas noches senor Ectorrrr.

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  12. Fake hector the inspectorThursday, August 26, 2010 6:03:00 PM

    It's official= I'm on the Newman bandwagon!!!!

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  13. @1:17--"unprofessional tone" is an understatement. It was rude and condescending and lacked control.

    Additionally, the case was 9 months old at the time, not set for trial, and the parties were engaged in substantive settlement discussions (a 7 figure case). Is it helpful to file motions, serve discovery requests, and depositions when the parties are actively engaged in settlement negotiations that the attorneys are confident will result in bringing the case to resolution? not to mention the fees and costs that would generate. Even a federal judge will allow extension of deadlines where it is represented that the parties are trying to settle.

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  14. fake elliot ness - you mean mr capone's jew accountant was an honest accountant...

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  15. 12:13 is little ed showing his anger and bitterness

    look thank god he is only a county court judge

    who really gives a shit? that's a hearing examiner.

    whatever

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  16. 12:24 hit the nail on the head with his parenthetical remark.

    Yes, Betty Butchko.

    I have a feeling that come 2012, her resume will be floating around on Monster.com. But I'm sure the State Attorney's Office will be happy to have her back. From those of us who practice in front of her honor, it's pretty obvious that she never left.

    A qualified opponent will no doubt receive strong financial backing from the defense community, and I'm sure a good number of prosecutors. She is known to call the higher ups at the SAO if she feels that her division prosecutors' plea offers are not high enough. For that reason, many prosecutors are scared to offer reasonable pleas, even when they feel that the crime doesn't call for a conviction or prison.

    Wake up, Judge. Unless it's a violent offense, first-time property or drug offenders should not be convicted or sent to prison.

    We don't want a hugs-and-kisses courtroom, but we (and most importantly our clients) would like to be treated with respect. We just want somebody who is fair and unbiased.

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  17. "I like to live in America!....."

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  18. I know Seff was the more experienced candidate and that little girl who ran against her is a dingbat but who cares. It is great to see people like Seff reap what they have sewn. Too bad Flora that you never figured out how to be a decent human being.

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  19. Let's say what's really so:

    ONE: As much as we all enjoy all this, 160,000 people voted in the judicial races and probably 159,000 have no idea about any of the issues discussed here. The true truth: If you wanted to be an Anglo and win this Miami-Dade election, you better have won a Super Bowl and been willing to spend a quarter-million bucks. Then you might squeak through.

    This is not necessarily a bad thing -- the county is about 70% Latino. Folks vote identity politics first and foremost. Just how it is.

    TWO: HL is an arrogant jerk beyond all measure. He as much as says he did this to "teach Ed a lesson." And who the heck is he to do that? And, by the way, to screw with Manny Alvarez's life? At least guys like Levy and Gutierrez are in the business and say so. Lombana does it because he thinks he's entitled.

    THREE: Gordo is going to be a disaster. Pray Brown sends her to Juvy. Otherwise, even aside from the fact the only job she's ever had is as an ASA, she is going to have to spend all her time on the criminal bench trying to pay back favors to a certain assistant police chief/campaign manager and the rest of the PD. Wouldn't give a motion to suppress much odds in her courtroom. (And let's face it, not a nice person, not a nice campaign. Now she's a not nice person with power.)

    FOUR: MGP is going to be fine in County Court. She's plenty smart enough and has an ability to connect to people. Trial lawyer? Nah. But better suited to county court than Seff in a million years.

    (And beside identity politics, Seff lost a vote every time she met someone.)

    FIVE: SRC is going to be a star. Yeah, she pushed it a bit saying she'd "been a lawyer" for XX number of years when she'd spent the last eight years or whatever on the sidelines. But so what. She is smart, reasonably humble and going to be a good judge.


    This is the truth, and you know it in your hearts.

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  20. Any truth to the rumor that Brummer will open up his doors and allow Adrien to become his partner in crime as a consultant to the PDs office?

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  21. Hector Lombada is a aging power broker with sub par trial skills. I'm mean seriously- this guy couldn't try his why out of a paper bag. Dorta is a major player tho. Hector is a wash up and when sink wins will have no power. His quote to the dbr was embarrassing and seems like he took the time to think it out.

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  22. Hector you are fooling no one.

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  23. I heard Dick Cole is interviewing Peter Adriene right now. Cole specializes in hiring defective judges. And he needs to up his minority hiring. Oops update. Adorno is starting a bidding war.

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  24. 1) To the "hypothetical judge" voter: So let me understand this...you voted for the judge's opponent because the hypo judge was rude to you? Is that it? Is that all you got? Because he was rude to you?

    2) Judge Newman: you've been called a bully and a judge who berates defense attorneys and defendants, and a judge who doesn't follow the law. Are you the new county court Peter Adrien?

    3) I cast my vote right now for whoever runs against Buthko, Hogan-Scola and Glick.

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  25. Wake up all your critics and smell the coffee. Newman won the same way Larry Schwartz won. All of the skeotic need to look at the numbers and where the votes came from. CABA, as an organization, was not behind Manny, CABA has become the instumentality of one too many large firm lackeys, whose alligance to independent thought and expression is stymied by the fear of losing their "prestigious" gigs. Also, have to wonder about Special Ed using Armando "Dirt Bag" G - - - z to run a judical campaign.

    All said, we have elections coming up in a couple a years, and indeed, take it to heart, treat people with respect, remeber we have to juggle cases and economics, and you will be safe. Continue with the nonsense, and even if you have a compound last name with a hispanic surname appended to it, you will pay a price, hell word is Sepocal Ed blew over a buck fifty, so who won and who lost? So, friendly hint to Glick, Tinkler-Mendez, Larry Schwartz, and Jackie Scola (who escaped opposition out of respect for Robert), as well as some of the other Dillusional "Untouchables" hurry up and get the message.

    Learn from the likes of Murphy, Blake, Arzola, Ortiz, Soto, et al. Sit in thier courtrooms, pick up their style, and rest easy.

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  26. The Seff Defeat is signifigant because it proves up the simple theory that people vote for a name...she deserved to win against her opponent. There is not a single person who reads this blog who can honestly argue that her opponent was more accomplished or competent then her. The Newman election is just pathetic. The entire circumstance shows how disgusting and rude certain members of the bar can be- and how they can try to use their "relationships" to prove a point. The entire election makes me ill.

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  27. @11:39--no that's not all I've got (you should re-read the original post). Three factors came into play: (1) hypothetical certain judge was rude to me and an associate; (2) I come from a big firm and have heard dozens of stories from colleagues that were consistent with my own hypothetical experience; and (3) several years' worth of hypothetical bar performance surveys. Does that justify my hypothetical vote? Certainly.

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  28. "Try litigating in federal court sometime and you will see what I mean. They move cases."

    The court's of the United States are unfair and unjust. They favor the rich at the expense of the poor. They are the brutal tool of an oppressive sovereign. The Federal Court gives to monied might the means abundantly of wearying out the right, which so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart, that there is not an honourable man among its practitioners who would not give—who does not often give—the warning, "Suffer any wrong that can be done you rather than come here!"

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  29. Everyone seems to think that these races are all about Hispanic- hyphenated names vs. Anglo names.
    Yes, Gonzalez-Meyer won against Samuels and Marino-Culpeppper-Pedraza beat McHorton hears Who.
    But, in recent years we've also had:

    Faber beat Hernandez
    Leifman beat Gonzalez
    Schwartz beat Sanchez-Llorens
    B. Miller beat Alvarez
    Francis beat Milian
    Hendon beat Martinez Scanzioni

    And if I'm not mistaken, most of these were incumbents who won.

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  30. Wrong, wrong, wrong Mr./Ms. 8:02 am.

    Look at Broward too. In Dade and Broward judges who are simply jerks got kicked out of office.

    Being qualified does not mean one has the judgment and compassion to be a good judge. Flora is qualified but, was simply a jerk.

    (Same for Judge Seidman in Broward and of course, Judge Adrien in Dade-Both flamming jerks)

    I know many, like me who may have even written Flora a check but, when we hit the polls, we voted for the other person, whoever she is.

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  31. out of respect for Robert, Jackie Hogan-Scola did not get opposition! Really, so screw the constitution, screw the rights of the accused, screw the people of this county! OMG that is disgusting. Lack of money is what didn't give her opposition. There are plenty who would have run against her but for money. Oh and I totally disagree a latin last name is not the only thing that gets you elected in this county because if that was the case then Alvarez should have won! I think that saying that is offensive and biggotted. The people want judges who understand where they are coming from. Everything is a crime now a days. Scola will give a person the max on anything. A guy went to trial on an intent to purchase case, the offer before trial CTS. He lost due in part to her, "no one is innocent but a new born baby" speech. Her sentence 364 followed by probation! God forbid you exercise your right to a trial in her court room! If you do plan to go to jail.

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  32. to 8/26 @ 10:50pm

    Hector Lombana Named to Best Lawyers in America List

    Hector Lombana, one of Gamba & Lombana's founding partners, was recently selected to be included in the 2011 edition of The Best Lawyers in America. Best Lawyers is a nationwide list, divided into 80 practice areas, in which selections are based exclusively on peer-review. Lombana was selected for the medical malpractice practice area.

    "I'm honored to be included on this list, but it is also a major recognition for our firm as a whole," said Lombana. "We can't ask for more than to be recognized and honored by our peers."

    Lombana is a past president and director of the Cuban American Bar Association, a member of the Inner Circle of the Hispanic National Bar Association, member of the American Board of Trial Advocates, the Association of Trial Lawyers of America, the Academy of Florida Trial Lawyers and the Florida Association for Women Lawyers. A member of the Federal Trial Bar, he is a past chair and current member of the Third District Court of Appeal Judicial Nominating Commission and a former member of the Florida Bar Civil Procedure Rules Committee. Lombana graduated magna cum laude from Rutgers University and received his law degree from the Rutgers University Law School.

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  33. Okay 8:02 I will admit that Seff was "accomplished" if you call being the most compassionless ASA, ever, being accomplished. Competent as a judge she was (is) not.

    She is mean, abusive, overbearing and runs a horrible courtroom, which is why the lawyers, clerks and cops all hate her. She was warned by other judges what she was doing and like Adrien took the "I will run my courtroom my way" attitude.

    Most of all she had no understanding of what she was doing. She thought her job was a waste of her time. She should never have been on the County Court bench, however at least being a County Judge, she did far less damage than she would have done as a Circuit Judge.

    She is receiving little if any sympathy from her colleagues. Like so many I can only say good riddance. Don't got away mad, Flora, just go away.

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  34. I agree hopefully someone will get the money and the cojones to run against Scola and Tunis. I mean who could be worse on the bench than them...???? Maybe ASA Leah Klien or the although not even close to the level of intelligence to Leah (No insult to Leah meant) How about ASA Susane Sausman or whatever her name is the one in Judge Miller's court room..... eewwhhhh what a scary thought

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  35. Oh hector - the self promotion is just sad. Everyone knows those "best lawyer" things are paid for. In fact, I just signed the firm check for the 8000 to buy my own ad.

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  36. It is a shame that the worst judges that we have are female. It is heartening that some of the best are as well. Judge Hogan Scola is a vile human being and a biased judge. No one deserves to be in her courtroom. The only good thing is that if the SAO is tight on personnel, they don't have to staff her courtroom. She does a good job herself.

    Judge Glick is bright and has potential. She just has to realize that she was not elected to work as a prosecutor in a black dress. Some of them are innocent after all and some police officers do lie. Judge Glick appears to recognize neither yet.

    Monica Gordo will be a terible judge. She is a police groupie who does not tell the truth, is lazy, and lacks integrity. With any luck if she is at REGB, she will be put in bond court whwre she can find probable cause even if the file is missing.

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  37. Actually, Flora was an outstanding ASA who was more compassionate that most of you will ever know. She prosecuted the worst of the worst and her compassion went to where it belonged........the victim's families. If you ever spoke to one of them, you'd know that. Like many prosecutors and cops, she buried her feelings in public to maintain her focus. If, God forbid, one of my family members were killed, I'd be honored to have her handle the case.

    BTDT

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  38. I, for one, am giddy with joy that I don't ever have to listen to peter adrien. he is an embarrassment on the bench, thinks outloud and says the most ridiculous things at times. one of the traits of being a good judge is to think before you open up your mouth and speak in complete and coherent sentences. Adrien missed that rudimentary lesson. However, le'ts face it, he's not he only one. there are others. His mistake was from day one: running against Judge Harnage using his mother's last name, CAMACHO, just to confuse the voters in Dade County that vote for a name first regardless of experience of ethics. He used the system and got outraged when some people point out that it was wrong. Now it's his turn to pay the piper. oh, well, hope he didn't spend all his money on hair gel!!!

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  39. Hector Lombana doesn't play ethnic politics. He plays power politics. Remenber that he was supporting Seff and Walsh over their Latin opponents.

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  40. My experiences with Glick have shown her to be nasty and lazy. She also needs to read up why and how people qualify for defense counsel under the statutes. I'm sorry if you do not like the fake Louis Vuitton the defendant is carrying, it's not a reason to discharge the Public Defender.

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  41. to 11:04am GLICK BEAT Garcia

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  42. to 9:17 the worst judges on the bench-- women. Chauvenistic, maybe? how quickly you forget: Judge Alan Postman, Peter Adrien, "Special Ed" Newman, Dick lantz, Al Sepe, Carling Stedman, James Rainwater, Pat Cannon, . Can't remember them? Too young. It Doesn't matter. They are male, terrible judges and countless more. If you want more names. Let me know I have a laundry list. They ran their coutrooms like dictators.

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  43. If I recollect, there were no female judges in the "courtbroom sweep". No female judges went Federal Prison. No one's perfect. Male or female. Each have their weaknessess.

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  44. 8:09 said:

    "If I recollect, there were no female judges in the "courtbroom sweep"."

    Maybe you'll also recollect as to why it was so.

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  45. I wonder if the Honorables, (Glick, Butcko, Tunis, and Scola) that are being metioned are even reading the blog. Rumor has it that Tunis has been trying to make it to the 3rd for quite a while, that would truly be a nightmare. Rumor has it her leaving the PD's office was quite an ugly thing having to do with her and her husband having a fake caseloads and basically collecting tax payer money for nothing. Rumor has it....

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  46. Why doesn't everyone ever call the JQC instead of just bitching on the blog.

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  47. As a tax payer in Dade County I am delighted to know that we actually have a judge on the bench (Judge Stacy Glick) with chutzpah to ask a defendant, using taxpayers money for their defense, about their financial status. Too many defendants should be paying their own way. If the PD doesn't like the questions about this, it's because they didn't do their job!!!!!! If the shoe fits, PD, buy it with your own money, not Dade County Taxpayers!!!

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  48. 9:22am was that under the aupices of KING BENNET BRUMMER? As I recollect He is of the Male gender.

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  49. Seff is (soon to be was) a horrible judge. I love when people equate years of practice with competence; if you are biased and rule contrary to the law just because you feel like it, then you are not a competent and definitely not qualified to be a judge!

    Being a judge is not just about trial practice, but rather your ability to hear both sides and rule according to the law

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  50. Glicks not bad. She has a good judicial temperment. leave her alone. Ed is Ed and we just have to accept that. Not a bad guy, not a great judge, kind of grows on you. is what it is.
    Adrien is the devils child and will be on unemploument very soon. Who's giving that retard a job? You know what. Ill call him and offer him a job. Then ill fire his ass a week later for shits and giggles.
    Seff, well she was real nice on the bench a little to late. Her problems started in jail division when she gave someone the county court death penalty on a second DUI. She gave hints of potential but then proved your expectations right when she ruled.

    F-- all of you who keep talking about latino this and latino that. Jerkoffs you dont have to be hispanic to win, just be a good judge and want it. Judge Dennis Murphy proves my point. Great man, great judge, good guy and we rallied for him when some idiot put her name agains him just cause she thought she could win with her name. How about putting up against a bad judge. People that run against the Murphys of the world dont care about having competent balanced jurists, they are opportunists and get what they deserve, which is to spend a shit load of money and LOOOOOOOSE. But agreed, this year was a good year for those on the bench to think hard next time before going off on a member of the defense bar. BEcause in federal court we just have to take it dry, but its still a democracy over here at 1351. So be nice.

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