Judge Federico Moreno, a US District Judge for the Southern District of Florida, has made President Trump's short list for the Supreme Court. His name, with several others, has made most of the media stories about the short list.
DOM and his federal blog notes that if selected, Judge Moreno would be the first Supreme Court Justice from Florida who also is "A Venezuelan, a former practicing criminal defense attorney, a former assistant Federal Public Defender, and a UM Law Grad."
What DOM left out is that Judge Moreno would also be the first former Miami-Dade County Court Judge to serve on the Supreme Court. He also would most likely be the first Supreme Court Justice to have previously presided over a DUI trial. Not to be overlooked is that Judge Moreno would also be the first Supreme Justice who presided over a trial that Rumpole won.
For those of you who have never lived in a world without a Starbucks on every corner, Judge Moreno was nominated to the 11th Circuit Court of Appeals by President George Herbert Walker Bush. However, when Clinton beat Bush, Judge Moreno's nomination was not resubmitted and he has served with distinction as a District Court Judge in South Florida, including a term as Chief Judge.
If...and "if" is always a difficult proposition, but IF Judge Moreno had made it to the Court Of Appeals in 1992, then it is very likely he would have been the first Hispanic Justice of the Supreme Court. But that did not happen.
While there is no better Judge on the list, or any list, to serve our Country on the Supreme Court, we -unfortunately- think it is unlikely that Judge Moreno will be chosen. Trump has indicated his desire for a judge to serve 40 years, and that probably excludes Judge Moreno. BUT, on the other hand, if the President wanted to make a choice that would be almost unanimously praised, and who would garner votes from many Democratic Senators, then Judge Moreno is the choice.
Even a broken clock is right twice a day, and President Trump has the ability to make the correct choice with Judge Moreno.
Thursday, June 28, 2018
Monday, June 25, 2018
THE WISDOM OF JOHN ADAMS
The second president of the United States, one of the founding fathers of the country, was a smart and accomplished man. He was the first vice president of the United States and was an accomplished diplomat, serving as ambassador to the Dutch Republic, Great Britain, and helped negotiate the Treaty of Paris that ended the Revolutionary War.
Adams was a member of the Continental Congress, where he met and worked with his future rival for the Presidency- Thomas Jefferson. When Jefferson defeated Adams, Adams sent him a note wishing him a successful term in office, to which Jefferson did not respond, starting a feud that lasted twelve years.
Although their feud eventually ended, their correspondence was infrequent and their rivalry continued. When Adams died on July 4, 1826, some of his last words were "Jefferson Lives". Adams was unaware that his friend and rival had passed away a few hours before him. Two of the most important founding fathers died on July 4- 50 years to the day they signed one of the most important documents in the history of the world.
Adams knew the power of the written word, and knowing that Jefferson was a far better writer than he was, Adams predicted that he would fade from memory over time, while Jefferson's legacy through the written word would endure.
Of course Adams was wrong, and one of his most enduring statements was:
"We are a nation of laws, not men." which he embodied in the constitution of Massachusetts in which he authored the phrase that the Commonwealth was a "Government of Laws not Men."
Which brings us to the most repugnant iteration of Adams and Jefferson- our current president who said over the weekend that immigrants seeking asylum in our country should be deported without a hearing before a judge:
“We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came,” The president then said our system was a "mockery" to "good immigration law."
It is true our system may be a "mockery" to some. But it is a beacon of the principle that we are a nation of laws not men, and that we were founded on the principle that all men are created equal.
It's just that when comparing our current president to Washington, Adams, Jefferson, Lincoln, Reagan, Bush I, and Obama, et.al, some men are more equal in terms of intelligence than others.
From Occupied America, where the President is now calling to close our immigration courts- and this is one more step on the path to book burning, imprisonment for espousing opposing ideas ("lock her up!") and finally a dictatorship, Fight The Power!
At various times we have received comments and emails questioning what we mean by "Occupied America" and "Fight the Power!"
Now that we have a president who is trying to shut down a court system and create a nation of men not laws, you know what we mean by Occupied America- we are occupied by a narcissistic man of limited intelligence and his followers who are equally self obsessed and lacking self esteem and poorly educated.
And the "Power" we fight is nothing less than evil ignorance seeking to end our democracy.
But fear not. In the word of elder sages, "We shall overcome!"
Adams was a member of the Continental Congress, where he met and worked with his future rival for the Presidency- Thomas Jefferson. When Jefferson defeated Adams, Adams sent him a note wishing him a successful term in office, to which Jefferson did not respond, starting a feud that lasted twelve years.
Although their feud eventually ended, their correspondence was infrequent and their rivalry continued. When Adams died on July 4, 1826, some of his last words were "Jefferson Lives". Adams was unaware that his friend and rival had passed away a few hours before him. Two of the most important founding fathers died on July 4- 50 years to the day they signed one of the most important documents in the history of the world.
Adams knew the power of the written word, and knowing that Jefferson was a far better writer than he was, Adams predicted that he would fade from memory over time, while Jefferson's legacy through the written word would endure.
Of course Adams was wrong, and one of his most enduring statements was:
"We are a nation of laws, not men." which he embodied in the constitution of Massachusetts in which he authored the phrase that the Commonwealth was a "Government of Laws not Men."
Which brings us to the most repugnant iteration of Adams and Jefferson- our current president who said over the weekend that immigrants seeking asylum in our country should be deported without a hearing before a judge:
“We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came,” The president then said our system was a "mockery" to "good immigration law."
It is true our system may be a "mockery" to some. But it is a beacon of the principle that we are a nation of laws not men, and that we were founded on the principle that all men are created equal.
It's just that when comparing our current president to Washington, Adams, Jefferson, Lincoln, Reagan, Bush I, and Obama, et.al, some men are more equal in terms of intelligence than others.
From Occupied America, where the President is now calling to close our immigration courts- and this is one more step on the path to book burning, imprisonment for espousing opposing ideas ("lock her up!") and finally a dictatorship, Fight The Power!
At various times we have received comments and emails questioning what we mean by "Occupied America" and "Fight the Power!"
Now that we have a president who is trying to shut down a court system and create a nation of men not laws, you know what we mean by Occupied America- we are occupied by a narcissistic man of limited intelligence and his followers who are equally self obsessed and lacking self esteem and poorly educated.
And the "Power" we fight is nothing less than evil ignorance seeking to end our democracy.
But fear not. In the word of elder sages, "We shall overcome!"
Sunday, June 24, 2018
WHAT RUMPOLE IS READING
As the summer doldrums begin, no clients, no trials, hours spent in a quiet office dreaming of cooler climates, a blogger's thoughts turn to books.
This is what Rumpole has been and will be reading this summer:
What we have read so far:
First- Chasing Hillary by Amy Chozick. A funny, fascinating story about a woman who first met Clinton as a teenager, who became the NY Times reporter assigned to Clinton's last two presidential campaigns. The tension between her admiration for Clinton, and her fair reporting which caused the Clinton team to shun her in a very "Trumpian" manner, makes this the best political book of the year.
The Woman in the Window, by A.J. Fin. A Hitchcock inspired "rear window" quick psychological thriller. Strictly beach or airplane material, but still a very fun and fast read.
A Season in the Sun- The Rise of Mickey Mantle, by Randy Roberts and Johnny Smith. It's been so long that the memory of one of the very best to ever play the game is fading. This will re-kindle any baseball fan's knowledge of one of the greatest players, who's career was hampered by a myriad of injuries (ACL tears) that today could have been repaired. We can only imagine what Mantle could have done if he played the game on knees that worked. Still, his stats are, in retrospect, surprising for just how great he was.
Grant, by Ron Chernow. Perhaps America's greatest General. An underestimated president and thinker. One of our best biographers turns his considerable talent to one of our most underrated leaders. A big book that covers a big life.
Milk and Honey, by Rupi Kapur. You don't read poetry you grumble. You should. Poetry is life. And this young woman is a genius. Pure and simple. This is a book you should not miss. And if you are not a millennial, there is some young adult or teen in your life, especially a young woman, who will treasure this book if you are smart and kind enough to give it to her. Do yourself a favor and take a break from life and read this book.
On Deck:
Lincoln's Last Trial, by Dan Abrams and David Fisher. The lost transcripts of Lincoln's last trial and his defense in a murder case to boot! A criminal defense attorney's dream book ( we hope). The reviews are great.
Leonardo Da Vinci, by Walter Isaacson, Isaacon wrote "Jobs" the biography of Apple co-founder Steve Jobs. Now he writes a biography about another historical genius. Count us in.
Alone, by Michael Korda. The cover says "Britain, Churchill, and Dunkirk. Defeat into Victory." That's all we need to see to buy this book. All Churchill and England did in 1939-1941 was stand alone against tyranny in the world. They may well have saved freedom for the rest of the 20th century. We've read 50 plus books on this subject. And it's never enough.
That should keep our readers going for the next few months. And for those of you that wear black robes at work, we are sure most of these are available as audible audio books, since we realize reading is not your thing.
From Occupied America, where we don't yet burn books, (but we do rip infants from the arms of their mothers) Fight The Power!
This is what Rumpole has been and will be reading this summer:
What we have read so far:
First- Chasing Hillary by Amy Chozick. A funny, fascinating story about a woman who first met Clinton as a teenager, who became the NY Times reporter assigned to Clinton's last two presidential campaigns. The tension between her admiration for Clinton, and her fair reporting which caused the Clinton team to shun her in a very "Trumpian" manner, makes this the best political book of the year.
The Woman in the Window, by A.J. Fin. A Hitchcock inspired "rear window" quick psychological thriller. Strictly beach or airplane material, but still a very fun and fast read.
A Season in the Sun- The Rise of Mickey Mantle, by Randy Roberts and Johnny Smith. It's been so long that the memory of one of the very best to ever play the game is fading. This will re-kindle any baseball fan's knowledge of one of the greatest players, who's career was hampered by a myriad of injuries (ACL tears) that today could have been repaired. We can only imagine what Mantle could have done if he played the game on knees that worked. Still, his stats are, in retrospect, surprising for just how great he was.
Grant, by Ron Chernow. Perhaps America's greatest General. An underestimated president and thinker. One of our best biographers turns his considerable talent to one of our most underrated leaders. A big book that covers a big life.
Milk and Honey, by Rupi Kapur. You don't read poetry you grumble. You should. Poetry is life. And this young woman is a genius. Pure and simple. This is a book you should not miss. And if you are not a millennial, there is some young adult or teen in your life, especially a young woman, who will treasure this book if you are smart and kind enough to give it to her. Do yourself a favor and take a break from life and read this book.
On Deck:
Lincoln's Last Trial, by Dan Abrams and David Fisher. The lost transcripts of Lincoln's last trial and his defense in a murder case to boot! A criminal defense attorney's dream book ( we hope). The reviews are great.
Leonardo Da Vinci, by Walter Isaacson, Isaacon wrote "Jobs" the biography of Apple co-founder Steve Jobs. Now he writes a biography about another historical genius. Count us in.
Alone, by Michael Korda. The cover says "Britain, Churchill, and Dunkirk. Defeat into Victory." That's all we need to see to buy this book. All Churchill and England did in 1939-1941 was stand alone against tyranny in the world. They may well have saved freedom for the rest of the 20th century. We've read 50 plus books on this subject. And it's never enough.
That should keep our readers going for the next few months. And for those of you that wear black robes at work, we are sure most of these are available as audible audio books, since we realize reading is not your thing.
From Occupied America, where we don't yet burn books, (but we do rip infants from the arms of their mothers) Fight The Power!
Friday, June 22, 2018
ASA BILL HOWELL RETIRES
He quietly put together a long and distinguished career as one of the best prosecutors and trial lawyers at the Dade State Attorneys Office handling the most serious murder and death penalty cases. He was fair and hard working concerned about both victims and defendants. Defense attorneys frequently learned too late that his disarming southern drawl was something jurors loved.
Today Bill Howell retires and Miami loses yet another experienced prosecutor who served this community for decades and made a difference.
There is a goodbye party this afternoon at American Social on Brickell. Readers should come by and wish Bill well. He was one of the really good guys and he will be missed.
Today Bill Howell retires and Miami loses yet another experienced prosecutor who served this community for decades and made a difference.
There is a goodbye party this afternoon at American Social on Brickell. Readers should come by and wish Bill well. He was one of the really good guys and he will be missed.
Wednesday, June 20, 2018
CALL TO ACTION
Readers, this is why we are lawyers. To see wrongs, and make them right.
This is an email from Ms. Arias from FACDL:
This is an email from Ms. Arias from FACDL:
"There is simply no humane way to detain families. Asylum seeking families should be given due process, not expedited removal. And the end
of the road must be the end of family detention entirely." - Victor Nieblas Pradis, Former AILA President
Dear Colleagues and Friends,
No matter what your politics, it’s time to get out and help immigrant families. Also, beware of any proposed bills that claim to end family separation at the border. Many of the provisions in these bills specifically take away safeguards in the law to protect
the children as we currently have in place and also EXTEND the period of CBP detention in “cages”, “chain-linked enclosures,” “chain-link fenced cells” from 72 hours to up to 30 days for children, no matter what the ages. What we need is boots on the ground
both here in Miami at at the various border detention centers.
So many of you have reached out to me personally, by FB, by email, by phone, begging for information on how to help the families detained at the border. I want to provide you
some quick ways to help both financially and with volunteer efforts. I will be putting together a training to held in July specifically for those who may wish to learn how to help and then take a 5-day trip to the Border Detention Centers to help on bond hearings,
asylum interviews, case-prep, translation, etc. The 5-day trip is put together with the help of CARA — a collective made up of The Catholic
Legal Immigration Network, the American
Immigration Council, the Refugee
and Immigrant Center for Education and Legal Services, and the American
Immigration Lawyers Association. Hence, the acronym CARA.
I sincerely hope you can either donate money, volunteer to work, volunteer to assist remotely (yes, that too can be done), and realize that
help is also needed LOCALLY. Family separation happens in immigration court locally EVERY SINGLE DAY. Every day in immigration courts in BTC and Krome, Bond Hearings get denied and mothers and fathers are separated from their children for prolonged periods.
This has a lasting negative impact on the children’s wellbeing, and on their development. If you are interested
in volunteering at the local level, please sign up with AIJ here or with Catholic Legal Services of Miami
here.
DONATION links:
American Immigration Council - https://secure.
- CARA, the Family Detention Probono Project, a collective made up of The Catholic Legal Immigration Network, the American Immigration Council, the Refugee and Immigrant Center for Education and Legal Services, and the American Immigration Lawyers Association
Americans for Immigrant Justice - http://www.
Catholic Legal Services - https://www.paypal.
If you are interested in volunteering to head to the border yourself, the
CARA ProBono Project is always recruiting volunteers. They train you, they give you specific expectations, you work, then you leave the case and the next set of lawyers pick up where you left off. See below.
CARA
Project is currently recruiting volunteers indefinitely.
The greatest need is for attorneys, law students, and paralegals with interest and experience in asylum work. The project also encourages and appreciates the participation of return volunteers from both Artesia and Dilley, with their vast experience working in a family detention setting. To provide effective assistance to our clients and to have a meaningful experience, we recommend volunteers to either be fluent in Spanish or consider collaborating with an interpreter. Compassion, endurance, resilience, flexibility, and the commitment to ending the insidious practice of family detention are required for every volunteer. To volunteer, please complete the Dilley Volunteer Sign-up Form. To learn more about the Dilley Pro Bono Project, and how you can help, please contact Volunteer Coordinator, Caya Simonsen at caya@caraprobono.org.
The greatest need is for attorneys, law students, and paralegals with interest and experience in asylum work. The project also encourages and appreciates the participation of return volunteers from both Artesia and Dilley, with their vast experience working in a family detention setting. To provide effective assistance to our clients and to have a meaningful experience, we recommend volunteers to either be fluent in Spanish or consider collaborating with an interpreter. Compassion, endurance, resilience, flexibility, and the commitment to ending the insidious practice of family detention are required for every volunteer. To volunteer, please complete the Dilley Volunteer Sign-up Form. To learn more about the Dilley Pro Bono Project, and how you can help, please contact Volunteer Coordinator, Caya Simonsen at caya@caraprobono.org.
I hope this information is helpful to you. The criminal defense bar is in a particularly great position to help since you are all litigators and have a much better grasp of advocacy than some transactional attorneys who may have never been involved in adversarial
hearings and the like.
God bless every one of you and I hope you will help in any way you can.
Best,
| Maggie Arias Partner |
Tuesday, June 19, 2018
HAPPY JUNETEENTH
Hey Y'all. It's me! MillennialMe. Remember ME? 👸 The Girl who brought Emoji's to the famous Justice Building Blog?
Here's a history lesson for y'all. Tuesday June 19, is Juneteenth! What is Juneteenth you ask?
Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States. On June 19th, 1865 Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas with news that the war had ended and that the enslaved were now free. This was two and a half years after January 1, 1863 when President Lincoln’s Emancipation Proclamation was issued.
The Emancipation Proclamation had little impact on the Texans due to the minimal number of Union troops to enforce the new Executive Order. However, with the surrender of General Lee in April of 1865, and the arrival of General Granger’s regiment, the forces were finally strong enough to influence and overcome the resistance.
One of General Granger’s first orders of business was to read to the people of Texas, General Order Number 3 which began most significantly with:
"The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer."
The celebration of June 19th was coined "Juneteenth" and grew with more participation from descendants of slaves over the years. The Juneteenth celebration was a time for reassuring each other, for praying and for gathering remaining family members. Juneteenth continued to be highly revered in Texas, with the descendants of former slaves making an annual pilgrimage back to Galveston on this date.
Happy Juneteenth!
MillennialMe, cause it's all about....ME!
Here's a history lesson for y'all. Tuesday June 19, is Juneteenth! What is Juneteenth you ask?
Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States. On June 19th, 1865 Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas with news that the war had ended and that the enslaved were now free. This was two and a half years after January 1, 1863 when President Lincoln’s Emancipation Proclamation was issued.
The Emancipation Proclamation had little impact on the Texans due to the minimal number of Union troops to enforce the new Executive Order. However, with the surrender of General Lee in April of 1865, and the arrival of General Granger’s regiment, the forces were finally strong enough to influence and overcome the resistance.
One of General Granger’s first orders of business was to read to the people of Texas, General Order Number 3 which began most significantly with:
"The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer."
The reactions to this profound news ranged from shock
to jubilation depending on your view of slavery.
The celebration of June 19th was coined "Juneteenth" and grew with more participation from descendants of slaves over the years. The Juneteenth celebration was a time for reassuring each other, for praying and for gathering remaining family members. Juneteenth continued to be highly revered in Texas, with the descendants of former slaves making an annual pilgrimage back to Galveston on this date.
Certain foods
became popular and
subsequently synonymous with Juneteenth celebrations such as strawberry soda-pop. More traditional
and just as popular was the barbecuing, through which Juneteenth participants
could share in the spirit and
aromas that their ancestors - the newly emancipated African Americans, would
have experienced during their ceremonies. Hence, the barbecue pit is often established as the center of attention at Juneteenth celebrations.
The Civil Rights movement of the 50’s and 60’s yielded both positive and
negative results for the Juneteenth celebrations. In 1968, Juneteenth received another strong
resurgence through Poor Peoples March to Washington D.C.. Rev. Ralph
Abernathy’s call for people of all races, creeds, economic levels and
professions to come to Washington to show support for the poor. Many of these attendees returned home and
initiated Juneteenth celebrations in areas previously absent of such activity.
In fact, two of the largest
Juneteenth celebrations founded after this March are now held in Milwaukee and Minneapolis.
Happy Juneteenth!
MillennialMe, cause it's all about....ME!
Monday, June 18, 2018
SUMMER RULES
Summer is here. And that means gentleman lawyers ….must still wear a coat and tie to court as if it is December in Duluth, North Dakota, although it is 90 degrees out with 144% humidity. Miami court's are still in the 19th century when it comes to dress code.
A reader writes us this:
Have you read Lincoln's Last Trial by Dan Abrams? A transcript was recently found by the family of the murder defendant. It was the case that propelled Lincoln to the presidency and the only known transcript of a Lincoln trial to exist. Lincoln was an expert at bonding with a jury and knowing what not to say. The writer of the transcript was the same man who transcribed the Lincoln Douglas debates.
And Rumpole responds: of course we have. Who do you think runs this blog?
And a reader who wears a robe wrote us a short email complaining about the Lawyer's Bill of Rights and wants to know why lawyers are late, unprepared, disrespectful, texting in court, talking in court, never ready for trial, and other petty complaints.
Why indeed? Perhaps our readers will respond.
The President and Attorney General are separating children from their parents at the boarder and blaming the Truman, Kennedy and Carter administrations.
From Occupied America, where conservative Republicans are all about family- unless the family has darker skin and is from another country- Fight the Power!
A reader writes us this:
Have you read Lincoln's Last Trial by Dan Abrams? A transcript was recently found by the family of the murder defendant. It was the case that propelled Lincoln to the presidency and the only known transcript of a Lincoln trial to exist. Lincoln was an expert at bonding with a jury and knowing what not to say. The writer of the transcript was the same man who transcribed the Lincoln Douglas debates.
And Rumpole responds: of course we have. Who do you think runs this blog?
And a reader who wears a robe wrote us a short email complaining about the Lawyer's Bill of Rights and wants to know why lawyers are late, unprepared, disrespectful, texting in court, talking in court, never ready for trial, and other petty complaints.
Why indeed? Perhaps our readers will respond.
The President and Attorney General are separating children from their parents at the boarder and blaming the Truman, Kennedy and Carter administrations.
From Occupied America, where conservative Republicans are all about family- unless the family has darker skin and is from another country- Fight the Power!
Friday, June 15, 2018
THUNDER ROAD
Sometimes when the stock market is falling, the president is doing something moronic again, deadlines to file motions are coming due and past-due, clients are calling and emailing and texting non-stop, and a judge who hasn't read case law since "walkin" Lawton Chiles was governor of Florida denies your motion, you just need a little of The Boss.
Is there any more poetic rock song than Thunder Road?
"You can hide 'neath your covers and study your pain
make crosses from your lovers, throw roses in the rain
Waste your summer praying in vain
for a savior to rise from these streets
Well now I'm no hero, that's understood
All the redemption I can offer, girl, is beneath this dirty hood
With a chance to make it good somehow
Hey what else can we do now?
Except roll down the window and let the wind blow back you hair...
From. Thunder Road, Bruce Springsteen and The E Street Band.
Is there any more poetic rock song than Thunder Road?
"You can hide 'neath your covers and study your pain
make crosses from your lovers, throw roses in the rain
Waste your summer praying in vain
for a savior to rise from these streets
Well now I'm no hero, that's understood
All the redemption I can offer, girl, is beneath this dirty hood
With a chance to make it good somehow
Hey what else can we do now?
Except roll down the window and let the wind blow back you hair...
From. Thunder Road, Bruce Springsteen and The E Street Band.
Tuesday, June 12, 2018
TRIAL LAWYERS BILL OF RIGHTS V3.0
This will be the third time we have reprinted this post.
It is just as relevant today, with summer vacations approaching (see right #2) this is just as relevant today as it was twelve years ago. It's one of our favourite posts.
Hey- wake up!
Sometimes, and we really mean this, we wonder how some of you even got into law school.
3) THE RIGHT TO AS MUCH TIME AS WE NEED IN VOIR DIRE.
First of all, many lawyers who get stuck in a trial don’t try a lot of cases and couldn’t conduct a good voir dire with Gerry Spence sitting with them as second chair. So you needn’t worry about them taking too much time. They ask a few moronic questions about which section of the Herald the juror’s husband reads and if they will follow the law, and then they stagger back to their table sweating bullets and grab their law school text on opening statements to see what to do next. For the rest of us, the ones who devote time and energy to our craft, a good voir dire is crucial. It is the most important part of the trial. We are not asking you to give us a long leash. Keep the leash short. But as long as we’re asking the right types of questions, then our clients (be it a defendant or the people of the state of Florida) are getting their moneys worth from the advocate they hired. Just leave us alone and let us do our job. Surprisingly, when that happens, the Jury system works just fine.
You want a short voir dire? Get an appointment to the Federal Bench.
4) THE RIGHT TO BEGIN AND END THE TRIAL AT A DECENT HOUR:
That’s a good start. We have cast our bread upon the waters. Lets see what readers contribute.
It is just as relevant today, with summer vacations approaching (see right #2) this is just as relevant today as it was twelve years ago. It's one of our favourite posts.
Originally posted January 1,
2006, but just as relevant today.
TRIAL LAWYERS' BILL OF RIGHTS.
The Trial Lawyer needs protection from their biggest enemy.
The one entity that can with a wave of the hand completely screw up years of hard work and preparation. We are speaking of course of the Judiciary, some of whom are our wonderful Robed Readers.
Herewith [ and we strongly invite submissions] is our Trial Lawyers Bill of Rights:
A TRIAL LAWYER SHALL HAVE THE RIGHT
1) TO BE FREE FROM BEING EMBARRASSED AND CHEWED OUT IN FRONT OF OUR CLIENT.
We know we say and do stupid things from time to time. But Judges have chambers- and there’s sidebar. We have enough troubles with our clients without having to deal with them after a Judge has just dressed us down for something in court. [ Half the time the judge is upset because we’re late. Well, usually we’re late because we just spent 45 minutes doing an arraignment in front of the Governor's latest new nominee to the bench. ]
2) TO AT LEAST ONE WEEK AFTER RETURNING FROM VACATION BEFORE STARTING TRIAL.
TRIAL LAWYERS' BILL OF RIGHTS.
The Trial Lawyer needs protection from their biggest enemy.
The one entity that can with a wave of the hand completely screw up years of hard work and preparation. We are speaking of course of the Judiciary, some of whom are our wonderful Robed Readers.
Herewith [ and we strongly invite submissions] is our Trial Lawyers Bill of Rights:
A TRIAL LAWYER SHALL HAVE THE RIGHT
1) TO BE FREE FROM BEING EMBARRASSED AND CHEWED OUT IN FRONT OF OUR CLIENT.
We know we say and do stupid things from time to time. But Judges have chambers- and there’s sidebar. We have enough troubles with our clients without having to deal with them after a Judge has just dressed us down for something in court. [ Half the time the judge is upset because we’re late. Well, usually we’re late because we just spent 45 minutes doing an arraignment in front of the Governor's latest new nominee to the bench. ]
2) TO AT LEAST ONE WEEK AFTER RETURNING FROM VACATION BEFORE STARTING TRIAL.
This one really frosts our ass
a little bit. (Hat-tip to the late, great Neil Rogers on the frost-our-ass- phrase).
We have an important trial. And when the Judge suggests a date,
we tell the Judge we have an FACDL Ski trip for that week. So the Judge gives
us a big smile and tells us that sure, she’ll accommodate our vacation, “after
all , lawyers are entitled to a vacation as well.”
And then she sets the trial for the Monday after we return that Sunday.Hey- wake up!
Do you know what’s involved in a
trial? Do you realize that no matter how well an attorney plans and prepares
that there are literally dozens of last minute problems that spring up in the weeks and days before a trial?
No. We
can’t fly across the country Sunday night, stagger home at 1:00 am and be fresh
as a daisy and ready to go to trial Monday morning dodging the multiple minimum mandatory sentences the prosecution is hurling at us.
If Judges don’t want us to believe
that the reason the majority of them became Judges is because they couldn’t try
a case, then show some common sense and give us at least a week when retuning
from a trip before trial. This may surprise some of you future Supreme Court
nominees, but other than the really successful or truly awful lawyers, the rest
of us have more cases than the one case clogging up your precious docket. We
have clients that want to see us, employees that need guidance and your equally
dense colleagues who want us to try a case in their division on the day we
return from vacation.
Sometimes, and we really mean this, we wonder how some of you even got into law school.
3) THE RIGHT TO AS MUCH TIME AS WE NEED IN VOIR DIRE.
First of all, many lawyers who get stuck in a trial don’t try a lot of cases and couldn’t conduct a good voir dire with Gerry Spence sitting with them as second chair. So you needn’t worry about them taking too much time. They ask a few moronic questions about which section of the Herald the juror’s husband reads and if they will follow the law, and then they stagger back to their table sweating bullets and grab their law school text on opening statements to see what to do next. For the rest of us, the ones who devote time and energy to our craft, a good voir dire is crucial. It is the most important part of the trial. We are not asking you to give us a long leash. Keep the leash short. But as long as we’re asking the right types of questions, then our clients (be it a defendant or the people of the state of Florida) are getting their moneys worth from the advocate they hired. Just leave us alone and let us do our job. Surprisingly, when that happens, the Jury system works just fine.
You want a short voir dire? Get an appointment to the Federal Bench.
4) THE RIGHT TO BEGIN AND END THE TRIAL AT A DECENT HOUR:
We see this with a lot of new Judges, especially in County
Court. Trying to establish some sort of macho reputation, they work until 11 PM
and then send the jury out at midnight to deliberate.
What are you people thinking?
Would you
want the most important day of your life in the hands of someone who has been
in the Justice Building since 8 AM? Do you really think jurors will make the "wise and legal decision" that the jury instructions tell you to tell jurors we are depending on them to make after they have been in the REGJB for 16
hours later? What is so difficult about coming back the next day?
The first step to being a good judge is giving everyone, including jurors, the time necessary to perform their part in the machinery of justice.
That’s a good start. We have cast our bread upon the waters. Lets see what readers contribute.
2018 Edition: THE TRIAL TAX
It's not really a bill of rights issue, but have you (as a judge) ever considered the terrible price on our justice system a "trial tax" exacts? "What's a trial tax?" you say quizzically. For that .00000000001% of judges who don't know that the rest of your colleagues routinely impose stiffer sentences on a defendant who proceeds to trial and loses, a trial tax saps the life out of the justice system. And just as insidious as the trial tax, is that "innocent" little you speech you all give defendants before the trial begins in which you "innocently" inquire as to whether the defendant knows that the current probation offer could become forty years in prison if they lose. As if you all are shocked! Shocked to learn that a defendant who is told by a judge that if they lose they "could" receive a 40 year prison sentence (although you earnestly assure them you have not in any way made up your mind since you don't know the facts of the case) actually has a coercive effect on the defendant's decision to proceed to trial.
Really. Just stop the charade. You know the facts. And we all know what you are doing. And it stinks. You want to be a judge that subverts justice and threatens defendants? Go put on a robe in Broward. For the rest of you, totaling the maximum possible prison sentence does not a judge make. A five year old with a calculator could do that.
Ok. Now we feel a little better after that rant. Of course, it rarely applies to us, as we rarely lose.
Monday, June 11, 2018
ONE TIN PRESIDENT
The President of the United States is in Singapore meeting with the leader of North Korea for the purposes of negotiating relations between the two countries.
Perhaps this is as good a time as any to review certain matters:
Perhaps this is as good a time as any to review certain matters:
Friday, June 08, 2018
BAD DAY FOR JUDGE MILLAN AND JUDGE ORITZ; GOOD DAY FOR JUDGE FAJARDO ORSHAN .....
THE CAPTAIN REPORTS:
BREAKING NEWS ..... AND IT'S NOT GOOD NEWS FOR EITHER JUDGE STEPHEN MILLAN NOR JUDGE MARIA ORTIZ
The Florida Supreme Court does not take Friday's off. Today they issued two rulings, one each affecting the future of Judge Millan and Judge Ortiz. For very different reasons each judge has faced an Investigative Panel of the JQC. Both judges woes have been well documented on this Blog, on Ortiz here, and on Millan here and here.
JUDGE STEPHEN MILLAN:
The Florida Supreme Court issued an Order today rejecting the proposed Sanctions against Judge Stephen Millan.
On May 21, 2018, Judge Krista Marx, on behalf of the Investigative Panel of the JQC, issued the following recommendation:
"... the Investigative Panel of the Commission recommends to the Court that Judge Millan be suspended without pay for a period of 30-days, that he receive a public reprimand, and that he pay a $5,000 fine, to cover the administrative costs of providing judicial coverage during his suspension."
The Florida Supreme Court weighed in today stating:
"Upon consideration of the Judicial Qualifications Commission’s Findings and Recommendation of Discipline and the parties’ Stipulation, the Court rejects the Stipulation and disapproves the proposed sanctions.
We remand for further proceedings to include a full hearing before the Judicial Qualifications Commission in order to fully develop the facts regarding any misconduct that occurred, so that the Court, in determining the appropriate discipline, will be apprised of all the facts and circumstances bearing on the alleged violations."
JUDGE MARIA ORTIZ:
The Florida Supreme Court issued an Order today rejecting the proposed Sanctions against Judge Maria Ortiz.
On May 4, 2018, Judge Krista Marx, on behalf of the Investigative Panel of the JQC, issued the following recommendation:
"... the Investigative Panel of the Commission submits to the Court, that a public reprimand and a fine of $5,000 are sufficient to address Judge Ortiz’s conduct, and likewise serves as a reminder to all judges about the importance of monitoring their personal finances, and accurate reporting on their financial disclosures."
The Florida Supreme Court weighed in today stating:
"Upon consideration of the Judicial Qualifications Commission’s Findings and Recommendation of Discipline and the parties’ Stipulation, the Court rejects the Stipulation and disapproves the proposed sanctions.
We remand for further proceedings to include a full hearing before the Judicial Qualifications Commission in order to fully develop the facts regarding any misconduct that occurred, so that the Court, in determining the appropriate discipline, will be apprised of all the facts and circumstances bearing on the alleged violations."
IN OTHER NEWS .....
Congratulation to Judge Ariana Fajardo Orshan who got the phone call she had been waiting for. Pres. Trump yesterday nominated her to become the next U.S. Attorney for the Southern District of Florida. Judge Fajardo Orshan is a graduate of Nova Law. Directly out of law school in 1996, she became an ASA and worked for KFR for six years before joining a family law firm where she spent the next nine years. In 2012, Gov. Scott appointed her to the Circuit Court. She then won a six year term in 2014 unopposed. The nomination is subject to Senate confirmation.
CAPTAIN OUT .......
Captain4Justice@gmail.com
Thursday, June 07, 2018
3RD DCA TO CSK: "DROP DEAD!"
It is arguably one of the longest titled cases in Florida Appellate history. Twenty seven separate petitions for writs of prohibition filed by Cole Scott And Kissane (Petitioners, challengers, candidate thorns in the side of Judge David Miller).
The 3rd DCA consolidated the Petitions, and succinctly noted that the legal-superstar-genius at CSK who picked Judge Miller out of all the judges and open judicial spots on the ballot .to run against was NOT an attorney in any of the cases before Judge Miller, and then, after some more civil mumbo-jumbo, DENIED the petition.
Or as the Daily News noted before the CSK candidate was even born: "Ford to City: DROP DEAD". Said headline capturing the sentiments, if not the actual words of president Gerald R Ford when he refused to bail out NYC during the nadir of it's 1970's budget crisis.
In any event, thanks to the putative, pusillanimous petition filed by CSK, we now know that just because a lawyer in a firm files to run against a judge, the firm doesn't get an automatic DQ of the judge on all their other cases. Whew! Glad that burning question has been resolved.
The 3rd DCA consolidated the Petitions, and succinctly noted that the legal-superstar-genius at CSK who picked Judge Miller out of all the judges and open judicial spots on the ballot .to run against was NOT an attorney in any of the cases before Judge Miller, and then, after some more civil mumbo-jumbo, DENIED the petition.
Or as the Daily News noted before the CSK candidate was even born: "Ford to City: DROP DEAD". Said headline capturing the sentiments, if not the actual words of president Gerald R Ford when he refused to bail out NYC during the nadir of it's 1970's budget crisis.
In any event, thanks to the putative, pusillanimous petition filed by CSK, we now know that just because a lawyer in a firm files to run against a judge, the firm doesn't get an automatic DQ of the judge on all their other cases. Whew! Glad that burning question has been resolved.
3D18-0755 csk bs by Anonymous PbHV4H on Scribd
Wednesday, June 06, 2018
ORDER OF THE DAY
Update: We cannot make this up if we tried. There are multiple stories that smart and talented people are refusing to work for the current administration. This is especially true in the State Department.
Meet Heather Nauert (R, state of confused). In commenting on the strong relationship between the US and Germany, the United States State Department Official spokesperson Heather Nauert said this:
"We have a very strong relationship with the government of Germany," State Department spokeswoman Heather Nauert said during a briefing Tuesday. "Looking back in the history books, today is the 71st anniversary of the speech that announced the Marshall Plan. Tomorrow is the anniversary of the D-Day invasion.”
The Video is here
Rumpole says: Um.mm... true. June 6 is the anniversary of the D-Day Invasion. But perhaps we need a history lesson. Soldiers from the US, England, Canada, Australia, and Poland invaded France. But we were NOT at war with France. France was occupied by Germany. Germany had invaded France. The soldiers on the beach who were firing at our soldiers were...GERMAN. They were Nazis.
D-Day is many many things. It may be our finest hour. It is the shining example of what America can do when we all pull together. But what D-Day is most certainly not is an example of US-German friendship and good relations.
But just because most junior high-school students know about D-Day doesn't necessarily mean some empty chuckleheaded millennial working for the State Department should know this. I mean, it was like, uh, 74 years ago doncha know?
74 years ago, American democracy, American power, American young men- saved the world.
General Dwight Eisenhower, commander of all allied forces in Europe made perhaps the most momentous decision of the war in deciding on June 5, after prior postponements to issue a go and set into motion an armada of thousands of ships and airplanes and hundreds of thousands of men.
For those of you who do not work for the State Department and wish to know more about what one general called "the day of days" we recommend the following reading:
"The Longest Day" by Cornelius Ryan is the seminal book on the subject. However, the book is somewhat dated and Stephen Ambrose book on D-Day contains more updated information based on the release of papers by the Eisenhower library, and declassified information by the DOD. Ambrose's book "Band of Brothers" is also a classic, following Easy Company of the 506 PIR of the 101 Airborne from it's formation in Currahee, Georgia through the jump into Normandy, the jump into Holland, holding the line as a rifle company against panzer divisions in the brutal winter at Bastonge when surrounded in December, 1944, and the invasion of Germany. Work your way through those three books and we will be happy to recommend some more.
Coming soon. More history lessons. Neither Canada nor Ethiopia invaded DC and burned the White House. But this close ally did....
Meet Heather Nauert (R, state of confused). In commenting on the strong relationship between the US and Germany, the United States State Department Official spokesperson Heather Nauert said this:
"We have a very strong relationship with the government of Germany," State Department spokeswoman Heather Nauert said during a briefing Tuesday. "Looking back in the history books, today is the 71st anniversary of the speech that announced the Marshall Plan. Tomorrow is the anniversary of the D-Day invasion.”
The Video is here
Rumpole says: Um.mm... true. June 6 is the anniversary of the D-Day Invasion. But perhaps we need a history lesson. Soldiers from the US, England, Canada, Australia, and Poland invaded France. But we were NOT at war with France. France was occupied by Germany. Germany had invaded France. The soldiers on the beach who were firing at our soldiers were...GERMAN. They were Nazis.
D-Day is many many things. It may be our finest hour. It is the shining example of what America can do when we all pull together. But what D-Day is most certainly not is an example of US-German friendship and good relations.
But just because most junior high-school students know about D-Day doesn't necessarily mean some empty chuckleheaded millennial working for the State Department should know this. I mean, it was like, uh, 74 years ago doncha know?
74 years ago, American democracy, American power, American young men- saved the world.
General Dwight Eisenhower, commander of all allied forces in Europe made perhaps the most momentous decision of the war in deciding on June 5, after prior postponements to issue a go and set into motion an armada of thousands of ships and airplanes and hundreds of thousands of men.
Order of the Day by Anonymous PbHV4H on Scribd
For those of you who do not work for the State Department and wish to know more about what one general called "the day of days" we recommend the following reading:
"The Longest Day" by Cornelius Ryan is the seminal book on the subject. However, the book is somewhat dated and Stephen Ambrose book on D-Day contains more updated information based on the release of papers by the Eisenhower library, and declassified information by the DOD. Ambrose's book "Band of Brothers" is also a classic, following Easy Company of the 506 PIR of the 101 Airborne from it's formation in Currahee, Georgia through the jump into Normandy, the jump into Holland, holding the line as a rifle company against panzer divisions in the brutal winter at Bastonge when surrounded in December, 1944, and the invasion of Germany. Work your way through those three books and we will be happy to recommend some more.
Coming soon. More history lessons. Neither Canada nor Ethiopia invaded DC and burned the White House. But this close ally did....
Monday, June 04, 2018
GOV. SCOTT APPOINTS THREE NEW CIRCUIT COURT JUDGES .......
THE CAPTAIN REPORTS:
BREAKING NEWS:
AND YOUR THREE NEWEST CIRCUIT COURT JUDGES ARE ......
Today, Governor Rick Scott announced the appointment of three new Circuit Court judges to replace Judges Bagley, Marin, and Zabel.
JUDGE DAWN DENARO. She has been a member of The Florida Bar for 25 years. She is a former ASA (18 years) and current County Court Judge. She was first appointed by Scott in 2011 to the County Court. She was elected in 2012 without opposition and was up for re-election this year. She again drew no opposition. She fills the vacancy created when Judge Jerald Bagley resigned.
JUDGE ANDREA RICKER WOLFSON. She has been a member of The Florida Bar for 17 years. She is a former ASA (9 years) and current County Court Judge. She was first appointed by Governor Crist in 2010 to the County Court. She was elected in 2012 when she defeated Greer Elaine Wallace. She was up for re-election this year and she drew no opposition. She fills the vacancy created when Judge Antonio Marin resigned.
JUDGE RENATHA FRANCIS. She has been a member of The Florida Bar for 7 years. She previously worked as a staff attorney for the First DCA and then as an associate at Shutts & Bowen. She was first appointed by Governor Scott to the County Court only ten months ago, on August 14, 2017. She has not had to face the voters. She fills the vacancy created by the resignation of Judge Sarah Zabel. I believe Francis becomes the first Jamaican born Circuit Court Judge in Miami-Dade County and she will be the only black female to currently serve on the County's Circuit Court bench; (with the retirement of Judge Teretha Thomas, County Court Judge Tanya Brinkley becomes the only other black female judge in the County out of 123 judges).
This all means that the JNC will be hard at work over the next couple of months as this now opens up three more seats on the County Court bench.
Interesting side note: There were ten names sent to the Governor by the JNC to replace Judges Bagley and Marin. Those appointments were scheduled to take place this week. Of the seven not selected, all of the names (except one) that were sent up just two weeks ago to replace Judge Zabel were identical to those sent up to replace Bagley and Marin. The one new name sent to Scott: Renatha Francis.
Those who will have to try again include: Judges William Altfield, Alexander Bokor, Tanya Brinkley, and Carlos M. Guzman, and attorneys Ayana N. Harris, Julie Harris Nelson, and Luis Perez-Medina. (Carlos Lopez’ name was also sent up but he won election to the Circuit Court when nobody filed to run against him last month).
CAPTAIN OUT .......
Captain4Justice@gmail.com
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