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, October 31, 2011
Sunday, October 30, 2011
NFL 2011 WEEK EIGHT
Saturday, October 29, 2011
BOB LASSITER
Thursday, October 27, 2011
WRONG IS RIGHT
Wednesday, October 26, 2011
BRAVO!
From: Bravo, Carmen
Sent: Wednesday, October 26, 2011 12:19 PM
To: Carames, Manuel (COC); Gillett, Deborah (COC); Adrover, Jorge (COC)
Cc: Elena Reyes; Bula, Sonia; Hall, Charlene; Bazile, Sandra (COC); Fernandez, Yolanda; Diaz, Estela
Subject: Cancellation of Coral Gables calendars
Good afternoon,
Earlier today, I was notified, that due to the uncertainty regarding the reopening of the Coral Gables Courthouse, all Criminal Traffic, Misdemeanor and Traffic Infraction cases that are scheduled for the week of October 31 through November 4th are to be cancelled per Judge Slom.
I have asked the COC to inform me of any cases that have speedy issues, which need to be calendared ASAP so we may have them reset as soon as possible on other judges calendars.
I have attached next week’s schedule indicating the sessions that will be cancelled.
Thank-you and please let me know if you have any concerns.
Carmen Bravo
Director County Court Operations
Administrative Office of the Courts
*** We Who Labor Here Seek Only the Truth***
Tuesday, October 25, 2011
PAPERS PLEASE
Monday, October 24, 2011
RIP
MIAMI DOLPHINS
The Captain Reports:
JNC COUNTY COURT NOMINEES .....
Names sent to Governor Scott to replace Judge Figarola are:
David Alschuler
Tanya Brinkley
Donald Cannava
Ivonne Cuesta
Steven Lieberman
We should have the names later today for the Circuit Court two open seats. Also, with Judge Scola moving to Federal bench, that opens up yet another Circuit Court seat.
Saturday, October 22, 2011
OCCUPY MIAMI
Thursday, October 20, 2011
BREAKING NEWS.....
UPDATED: JUDICIAL REASSIGNMENTS ANNOUNCED TODAY. We hear that the GJB will be getting William Thomas, John Schlesinger, Victoria Sigler, Valerie Manno -Schurr and Samatha Ruiz Cohen; and we will be losing Trawick, Hogan-Scola, Cueto, Ward & Zabel in January of 2012.
ELECTION 2012 - CANDIDATE WILLIAM PENA WELLS .....
On October 12, 2011, on the Justice Building BLOG, I reported the following:
And the newest filing has someone challenging newly appointed County Court Judge Fleur Lobree:
Fleur Lobree vs. William Pena Wells. Mr. Wells has been practicing in Florida since 1988. In 2002, he was suspended from the practice of law for three years nunc pro tunc to October of 1998. He petitioned for Reinstatement and was reinstated in 2004. He has a solo practice in NMB.
In the past week, bloggers have posted on Mr. Wells past. Here is what we found:
In October of 1996, Mr. Wells was arrested and charged with two felonies: Two counts of Worthless Check of $150 or more in violation of FS 832.05 (2) under case number F96-33449. Mr. Wells was appointed a PD. The PD filed a conflict an PCAC Philip Horowitz was assigned the case. In March of 1998, the State Nolle Prossed the two charges. They immediately refiled the two charges during that same month. A trial on the two charges took place before Judge Carney in June of 1998. Mr. Wells was found Guilty of both charges by a jury. On August 12, 1998, Mr. Wells was placed on Probation for one year; restitution was reserved. Wells filed an appeal with the 3rd DCA in September of 1998. In January of 2002, the 3rd DCA issued their opinion Affirming the Convictions. The opinion is found at Wells v. State, 807 So.2d 132. 3D98-2706. (I will not explain the basis for the two felony charges as the 3rd DCA lays out the facts of the case in their appellate opinion).
In January of 1992, it also appears that Mr. Wells was arrested in Miami Shores and charged with DUI. Mr. Wells was found Guilty of the DUI on February 26, 1997. See Case number 21404-WD.
I emailed Mr. Wells and asked him if he had anything he would like to say or share with the readers of this BLOG. He wrote back and said (UNEDITED):
Dear Captain Justice:
Thank you for the opportunity to discuss these issues early in the campaign to flesh out the facts and correct the inaccuracies.
I would like to say that it is unfortunate that the campaign is "William Pena Wells" vs. "Fleur Lobree." I hope to reject that notion. Judges run as nonpartisan candidates, held to a higher standard of ethics and campaign practices, and limitations of active campaigning, than most other elected officers in our County. It demeans and cheapens the judicial office to put candidates for judicial service in a head to head horse race. I am running because I am qualified, not because a sitting judge is somehow not qualified.
Judge Lobree was only recently appointed to her seat by Gov. Rick Scott in April of 2011 by the elevation of Judge Bloom to the Circuit Court bench. This election will be the voters first opportunity to have a voice in who sits on the bench to judge them.
I would much rather have a system of election where each candidate runs on merit. So that if there are 10 seats to be elected, the candidates, sitting and aspiring, were listed in alphabetical order and the voters were told to "pick any ten"... This would preserve the dignity of the judicial office and make certain that the best candidates were elected.
But that is not the system we have...
County Court is truly, to borrow the television term, "the people's court" and it is a cornerstone of American democracy that the people have the last word in who sits on the bench. Without an announced candidate, as I am, that right disappears.
As to the DUI, that happened on Super Bowl weekend of 1992. I had consumed a glass or two of wine and by the time the chemical tests were done, the alcohol had metabolized so that I had reached an unacceptable limit. As a result, I accepted a first offender penalty and have learned a valuable lesson -- that I carry with me. I think this makes me a more valuable judge on the bench... Having made a mistake nearly twenty years in the past, and learned from that isolated incident, I can be a more empathetic role model for others.
As to the felony charges, those occurred in 1996, but the judicial process took quite some time to finally conclude and the Florida Bar investigation was held in abeyance while the criminal case was completed. So the dates are misleading and out of context.
Basically, this was a business dispute. I was an attorney for a concert promotion entity, and as part of my compensation, was an officer of the corporation with check signing authority along with several others. The business was to put on a mega concert on the beach at Ocean Drive with musical legend Little Richard among others. Trying to stimulate the local economy, a Miami Beach travel agency was used to coordinate the travel arrangements for the band and performers (nearly 100 tickets in total).
Sadly, the William Morris Agency reported that the inexperienced agent had booked the tickets wrongly. In order to secure the travel on the short notice available, the corporation had to wire William Morris the funds directly and allow them to book the talent's flights. The money (and more since they were last minute changes) was withdrawn from the business account and sent to the Agency. The tickets they had purchased were never used and were returned to them.
Unfortunately, the travel agency decided to deposit the checks anyway, hoping I presume for a windfall. But they were returned by the bank as insufficient funds. The agency filed a complaint with the State Attorney and the fact that the checks were in the several thousand dollar range made it a category of felony. It is not surprising that the State issued a nolle prosse on these charges, realizing the futile nature of them.
The concert did take place and the artists, musicians, and staff did arrive. The Mayor of Miami Beach proclaimed it Little Richard Day. The concert was featured in the Miami Herald.
The State refiled the charges and despite being offered a pretrial plea deal, I refused and sought a trial. I did nothing wrong.
There is no element of fraudulent intent in an insufficient check charge. It is a crime against the banking system and the stream of commerce, paraphrasing the statute, to issue a check which is presented to a bank and returned for insufficient funds.
The jury found me guilty of the charges and the judge reluctantly imposed probation.
Thereafter, I appealed the decision and the Third District affirmed, glossing over the fact that the concert did take place and the funds used to cover the NSF checks were routed to another entity which did the job.
The Florida Bar offered to close the investigation of my conduct with credit for the period of time that I had been suspended while on appeal, I agreed, and I resumed my practice.
The travel agency never requested reimbursement of the funds it was supposedly missing by virtue of these tickets. In fact, in the later civil case I filed against them, they specifically disclaimed any and the case was dismissed as a result. I never paid them a dollar of reimbursement. The travel agency is no longer in business.
I hope this fleshes out the bare facts available in the public record.
If you have any more questions, I will be glad to answer them. My mother, and my Cuban born grandmother, raised me right. They taught me never to do anything I was ashamed of later. I am glad to have the opportunity to talk about this.
Regards
William Pena Wells
CAPTAIN OUT ...........
Tuesday, October 18, 2011
WOOPS
Monday, October 17, 2011
SAME SONG, DIFFERENT BAND
Sunday, October 16, 2011
NFL 2011 WEEK SIX
Incredibly, Bolts was a typo and I really meant Colts. You, understandably, thought I meant the Chargers as that is their nickname. Either way I lose as I picked the Chargers in week three.
Since Lurvey's ill-begotten and putative pick of the the Colts was destined to failure, his typo doesn't really factor into the equation, at least in this universe.
WEEK SIX: FINAL TWO:
Michael Feiler picks the Baltimore Ravens. Clayton Kaeiser picks the J...E....T...S on Monday night football. Good luck gentleman and congratulations.
A few plays today: take the under 50 in the Giants/Bills matchup and while you're at it give the three and take the Giants as both teams regress to the mean- Buffalo isn't quite as good as their record indicates and the Giants aren't quite as bad.
Under 51 Carolina at Atlanta and under 54 Dallas at Cheaters.
Good luck all.
Saturday, October 15, 2011
Wednesday, October 12, 2011
FIRING SQUADS & OLE SPARKY
THE CAPTAIN REPORTS:
"It wouldn't bother me if we took them up to the Sunshine Skyway Bridge and threw them off, and if things were right with God they’re traveling in that direction anyway ....."
Those are the words uttered today by Florida Republican House member Brad Drake***. Drake has had it with our belly-aching over whether lethal injections may have been causing some pain to death row inmates. So today he filed HB 325 and will ask the Florida legislature next Spring to bring back firing squads and fire up "Ole Sparky".
Read the full article here: http://cltampa.com/dailyloaf/archives/2011/10/12/florida-legislator-wants-to-bring-back-firing-squads-and-electrocutions
***Mr. Drake is a 36 years old Baptist born in Fort Walton Beach; he represents the constituents of Defuniak Springs and he lists his interests as fishing, Florida history, golf, growing vegetables, hunting, NASCAR, and is a card-carrying member of the NRA.
In other news, newly appointed Circuit Court Judge Thomas Rebull was officially sworn in last week and is assigned to the Circuit Criminal Division. He takes over Judge Mary Barzee Flores' division. Has anyone been in front of him yet and care to comment?
In JNC news, as the result of Judge Rosa Figarola's appointment to the Circuit Court bench, the JNC will interview ten candidates and nominate up to six of them and send those names to Gov. Scott for his consideration. Interviews take place on October 21:
11:00 - Martin Zilber
11:20 - David Alschuler
11:40 - Tanya Brinkley
12:15 - Donald "DJ" Cannava
12:35 - Ivonne Cuesta
1:40 - Carlos Guzman
2:00 - Steven Lieberman
2:20 - Gordon Murray
2:55 - Yadira Pedraza
3:15 - Alan Taylor
The JNC will be busy as three days later on October 24th, they will conduct interviews to replace the retiring Judge Amy Steele Donner and also Judge Ivan Fernandez who moved South and West to "The Bunker" aka the 3rd DCA:
10:00 - Steven Befera
10:20 - Miguel M. de la O
10:40 - Andrew S. Hague
11:15 - Richard Hersch
11:35 - Norma S. Lindsey
11:55 - Cristina Miranda
1:00 - Maria D. Ortiz
1:20 - Bonnie Riley
1:40 - Alan D. Sackrin
2:15 - Rodney Smith
2:35 - Douglas Swalina
2:55 - Deborah White-Labora
3:15 - Angelica Zayas
** Donald "DJ" Cannava will be considered but will not be interviewed **
And for those that inquired about the names of the candidates who have officially filed for 2012:
CIRCUIT COURT JUDGE
Robert Coppel vs. Maria Elena Verde
Miguel de la O - currently has no opposition
Maria de Jesus Santovenia - currently has no opposition
Richard Hersch - currently has no opposition
COUNTY COURT
Non-Incumbents include:
Ivonne Cuesta (no opposition)
Tanya Brinkley & John Malgoza Rodriguez filed in same race. Rodriguez has thrown down $100,000 of his own money to fund the campaign.
And the newest filing has someone challenging newly appointed County Court Judge Fleur Lobree:
Fleur Lobree vs. William Pena Wells. Mr. Wells has been practicing in Florida since 1988. In 2002, he was suspended from the practice of law for three years nunc pro tunc to October of 1998. He petitioned for Reinstatement and was reinstated in 2004. He has a solo practice in NMB.
CAPTAIN OUT .....
Tuesday, October 11, 2011
ZOMBIES, PER SE.
Justice Scalia said routine drug cases belong in state courts, which handle the vast majority of trials for most criminal offenses. The Judiciary Committee chairman, Sen. Patrick Leahy (D., Vt.), himself a former state prosecutor, agreed.
The increase in federal criminal law has required Congress to enlarge the federal court system, and Justice Scalia suggested that has helped diminish the "elite" quality of the federal judiciary.
Pardon us a moment. Ok, we're back from being sick. Elite quality? Per Se is elite quality. The Outback steakhouse is not, even if they dress the steak up with a bloomin onion.Monday, October 10, 2011
REGIONAL RE-SET
Saturday, October 08, 2011
NFL 2011 WEEK FIVE
Jon Colby OUT
Michael Grieco OUT
Nick Basco OUT
Rick Freedman OUT
Kenneth Weisman and company OUT
Cary Clennon OUT
Juan Gonzalez OUT
Plea D OUT
Adam T2. OUT
Thanks for the reprieve. This week I really am picking against the Bears & pick the Lions to beat the Bears on Monday night.
DAY OF ATONEMENT
Friday, October 07, 2011
STAY HUNGRY STAY FOOLISH
Remembering that I'll be dead soon is the most important tool I've ever encountered to help me make the big choices in life. Because almost everything -- all external expectations, all pride, all fear of embarrassment or failure -- these things just fall away in the face of death, leaving only what is truly important. Remembering that you are going to die is the best way I know to avoid the trap of thinking you have something to lose. You are already naked. There is no reason not to follow your heart.
About a year ago, I was diagnosed with cancer. I had a scan at 7:30 in the morning, and it clearly showed a tumor on my pancreas. I didn't even know what a pancreas was. The doctors told me this was almost certainly a type of cancer that is incurable, and that I should expect to live no longer than three to six months. My doctor advised me to go home and get my affairs in order, which is doctors' code for "prepare to die." It means to try to tell your kids everything you thought you'd have the next 10 years to tell them in just a few months. It means to make sure everything is buttoned up so that it will be as easy as possible for your family. It means to say your goodbyes.
I lived with that diagnosis all day. Later that evening I had a biopsy, where they stuck an endoscope down my throat, through my stomach and into my intestines, put a needle into my pancreas and got a few cells from the tumor. I was sedated, but my wife, who was there, told me that when they viewed the cells under a microscope, the doctors started crying because it turned out to be a very rare form of pancreatic cancer that is curable with surgery. I had the surgery, and I'm fine now.
This was the closest I've been to facing death, and I hope it's the closest I get for a few more decades. Having lived through it, I can now say this to you with a bit more certainty than when death was a useful but a purely intellectual concept:
No one wants to die. Even people who want to go to heaven don't want to die to get there. And yet death is the destination we all share. No one has ever escaped it. And that is as it should be, because death is very likely the single best invention of life. It is life's change agent. It clears out the old to make way for the new. Right now the new is you, but someday not too long from now, you will gradually become the old and be cleared away. Sorry to be so dramatic, but it is quite true.
Your time is limited, so don't waste it living someone else's life. Don't be trapped by dogma -- which is living with the results of other people's thinking. Don't let the noise of others' opinions drown out your own inner voice. And most importantly, have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary.
When I was young, there was an amazing publication called The Whole Earth Catalog, which was one of the bibles of my generation. It was created by a fellow named Stewart Brand not far from here in Menlo Park, and he brought it to life with his poetic touch. This was in the late 1960s, before personal computers and desktop publishing, so it was all made with typewriters, scissors and Polaroid cameras. It was sort of like Google in paperback form, 35 years before Google came along: It was idealistic, and overflowing with neat tools and great notions.
Stewart and his team put out several issues of The Whole Earth Catalog, and then when it had run its course, they put out a final issue. It was the mid-1970s, and I was your age. On the back cover of their final issue was a photograph of an early-morning country road, the kind you might find yourself hitch-hiking on if you were so adventurous. Beneath it were the words: "Stay hungry. Stay foolish." It was their farewell message as they signed off. Stay hungry. Stay foolish. And I have always wished that for myself. And, now, as you graduate to begin anew, I wish that for you.
Stay hungry. Stay foolish.
Wednesday, October 05, 2011
RETURN TO SENDER
Tuesday, October 04, 2011
GENE ZENOBI
FIRST TUESDAY IN OCTOBER
Monday, October 03, 2011
OPEN STRONG
Sunday, October 02, 2011
NFL 2011 WEEK FOUR
Question for the day: How does the guy find the time to be South Florida's Super Lawyer, AND be on Survivor? DOM does it all!