Court junkies will like this. State AND defense agree they want a 12-person jury, not six, for a first-degree murder case. Death waived. Dade Judge Mark Blumenfeld insists on six. Trial halted so an appeal can be made to Third DCA
A search for Judge Mark Blumenfeld was immediately commenced by Court Junkies, to no avail.... Veteran attorney Jack Blumenfeld had to turn off his cell phone by the end of the day, as callers wondered when he had been appointed to the bench.
But Judge Mark Blumstein could be the one facing the conundrum.
Rumpole says, nice try but 6 is all youse get. It's all your're entitled to, and it's all you get. If you start letting lawyers choose the number of jurors, you could wind up with 5 or 15. The first rule of Judging is don't let the inmates run the asylum, and by "inmates" our robed readers clearly mean trial lawyers.
Our sympathies are with the lawyers. After all, who knows better on how to handle a case?
But rules are rules, and we are not even sure a writ of cert or prohibition is well founded.
In other legal news, a new judge wondered if s/he could set aside a not guilty verdict and some prosecutors asked for a jury instruction that if a defendant doesn't testify, the jury can wonder what s/he is hiding. (One of those really happened a few years ago).
Wednesday, January 30, 2019
Monday, January 28, 2019
JUSTICE BRANDEIS
Before we get to the post, there is a contretemps brewing about lot 26, the lot adjacent to (for robed wearers that is "next to") the REGJB. Apparently cops and defense attorneys parking vehicles side by side do not mix. DUH. The FACDL got involved. Lawsuits were threatened. The cops responded by reaching for their handcuffs, and then Nancy Pelosi-like, Judge Sayfie got involved and settled the whole mess for apparently a few boxes of Dunkin Donuts. Drawing on the legal precedent of Korematsu v. US, defense attorneys, as enemies of the state, will be cordoned off. Lot 26 will be segregated to keep the cops away from the counselors. Separate but equal as it were.
Everyone park and play nice.
Justice Louis Brandeis:
On this date- January 28, 1916, President Wilson nominated Louis Brandeis to the US Supreme Court. After being confirmed 47-22, on June 1, 1916, Brandeis took his seat as the first Jewish Justice. Brandeis made his mark in first amendment, freedom of speech, and privacy cases.
In 1932 Benjamin Cardozo was confirmed to the court, and the court had it's second Jewish Justice. Former Attorney General and Supreme Court Justice and noted anti-Semite James Clark McReynolds reacted to Cardozo's appointment by reading the newspaper during the swearing in ceremony and muttering "another one" to himself. And then it got worse when Felix Frankfurter was nominated to the court, which caused Justice McReynolds to exclaim "My God, another Jew on the court!". Previously Justices McReynolds, Pierce Butler and Willis Van Devanter had lobbied the president not to appoint another Jew to the court.
Justice Brandeis was eulogized by Dean Acheson, his former clerk, and future Secretary of State, who said in 1941 when Brandeis died: "In a time of moral and intellectual anarchy, he handed on the great tradition of fait in the mind and spirit of man."
"In a time of moral and intellectual anarchy..." What a powerful phrase.
The more things, change, the more they remain the same.
Where is our Louis Brandeis in this time of moral and intellectual anarchy?
Everyone park and play nice.
Justice Louis Brandeis:
On this date- January 28, 1916, President Wilson nominated Louis Brandeis to the US Supreme Court. After being confirmed 47-22, on June 1, 1916, Brandeis took his seat as the first Jewish Justice. Brandeis made his mark in first amendment, freedom of speech, and privacy cases.
In 1932 Benjamin Cardozo was confirmed to the court, and the court had it's second Jewish Justice. Former Attorney General and Supreme Court Justice and noted anti-Semite James Clark McReynolds reacted to Cardozo's appointment by reading the newspaper during the swearing in ceremony and muttering "another one" to himself. And then it got worse when Felix Frankfurter was nominated to the court, which caused Justice McReynolds to exclaim "My God, another Jew on the court!". Previously Justices McReynolds, Pierce Butler and Willis Van Devanter had lobbied the president not to appoint another Jew to the court.
Justice Brandeis was eulogized by Dean Acheson, his former clerk, and future Secretary of State, who said in 1941 when Brandeis died: "In a time of moral and intellectual anarchy, he handed on the great tradition of fait in the mind and spirit of man."
"In a time of moral and intellectual anarchy..." What a powerful phrase.
The more things, change, the more they remain the same.
Where is our Louis Brandeis in this time of moral and intellectual anarchy?
Saturday, January 26, 2019
TIE A KNOT
No president except perhaps Lincoln ( and we can debate this with noted Lincoln-phile Judge Hirsch) came to the presidency in more difficult and desperate times than Franklin Roosevelt. The country was in the midst of a soul-crushing depression. Fascism was on the rise in Europe, while isolationism kept Roosevelt from working with Churchill to check Hitler.
The country needed a leader and the time met the man in the form of Franklin Delano Roosevelt.
When facing desperate times Roosevelt famously said "When you come to the end of your rope, Tie a Knot."
On Friday, the 45th and arguably worst President of these United States tied a knot, albeit a small one with his small hands. He agreed to open the government for about a month without receiving any funding for the Gutenberg Printing Press or The Wall. The officers at FDC and the clerks in federal court who work so hard to help us do our jobs will now have some relief on the horizon. Secretary of Commerce Wilbur Ross can buy some more caviar and champagne and wonder why he doesn't see many court clerks when dinning at 1789 in DC.
Every day attorneys in the REGJB face problems and seek solutions. The judge denies the motion to suppress and the lawyer has to explain to the client about cutting loses and accepting a plea. The judge grants a motion to suppress and prosecutors must speak to supervisors, who must speak to supervisors, who must speak to supervisors, who then reluctantly agree to continue the case.
But our point is that every day the people that we work with show more ability and more resolve to effectively negotiate a problem and tie a knot than the leader of the ignorant and uneducated thirty percent of the country.
We end our post with another wise quote for the worst president from the best President:
"It's common sense to take a method and try it. If it fails, admit it frankly and try another one. But above all try something."
Franklin Roosevelt.
The sharp reader will quickly retort that the requirement is "common sense", which our current president lacks. For this we can only say 2020 cannot come soon enough.
From occupied and closed America, fight the power with common sense.
The country needed a leader and the time met the man in the form of Franklin Delano Roosevelt.
When facing desperate times Roosevelt famously said "When you come to the end of your rope, Tie a Knot."
On Friday, the 45th and arguably worst President of these United States tied a knot, albeit a small one with his small hands. He agreed to open the government for about a month without receiving any funding for the Gutenberg Printing Press or The Wall. The officers at FDC and the clerks in federal court who work so hard to help us do our jobs will now have some relief on the horizon. Secretary of Commerce Wilbur Ross can buy some more caviar and champagne and wonder why he doesn't see many court clerks when dinning at 1789 in DC.
Every day attorneys in the REGJB face problems and seek solutions. The judge denies the motion to suppress and the lawyer has to explain to the client about cutting loses and accepting a plea. The judge grants a motion to suppress and prosecutors must speak to supervisors, who must speak to supervisors, who must speak to supervisors, who then reluctantly agree to continue the case.
But our point is that every day the people that we work with show more ability and more resolve to effectively negotiate a problem and tie a knot than the leader of the ignorant and uneducated thirty percent of the country.
We end our post with another wise quote for the worst president from the best President:
"It's common sense to take a method and try it. If it fails, admit it frankly and try another one. But above all try something."
Franklin Roosevelt.
The sharp reader will quickly retort that the requirement is "common sense", which our current president lacks. For this we can only say 2020 cannot come soon enough.
From occupied and closed America, fight the power with common sense.
Thursday, January 24, 2019
CONSTITUTIONAL CALENDAR LETTERS EDITION
We bring to you, unedited, and mostly without smarmy remarks, another edition of Judge Milton Hirsch's beloved Constitutional Calendar (c) Uncle Miltie's Legal Musings 2019.
One word of warning for those lawyers and Judges born in the era of four dollar coffees from Starbucks. The following contains references to "letters" Letters were very similar to emails and texts except they were written by hand with a pen or pencil or with a typewriter on paper which was not electronic and could be held, folded and mutilated. The use of paper to contain the written word was the way humanity communicated without speaking for centuries before the ruinous email and text message were invented. For more on these strange concepts for most of you, we suggest Google. We actually suggest resort to an encyclopedia, but that would just cause most of you to Google that.
The common law recognized the right
of every man to be secure from unreasonable search and seizure. But it provided no effective remedy for the
violation of that right. In 1914, in United
States v. Weeks, the Supreme Court explained that the Fourth Amendment was
intended to provide the missing remedy, by barring from use by the government
the fruits of an unlawful search or seizure.
In
1949, in Wolf v. Colorado, the Court reversed its field, holding that
the remedy was somehow severable from the amendment, and that state courts were
therefore not obliged to enforce the exclusionary rule. In 1961, however, in Mapp v. Ohio, the
Court returned to its earlier reasoning, holding that unlawfully seized
evidence was inadmissible in any American court.
On Jan.
25, 1962, Justice William O. Douglas wrote to his colleague Justice Thomas
Clark, the author of the Court’s majority opinion in Mapp:
Dear Tom:
This last weekend at a social occasion I saw
Attorney General Stanley Mosk of California and his wife. He said out of the
blue “Thank the good Lord for Mapp v. Ohio.” I asked him what he meant
and he went on to give an interesting account, most of which you probably know,
which I thought I would pass on to you. ...
The result of Mapp v. Ohio, according to
Mosk, is to take the pressure off the local judge to create exceptions and to
follow the exclusionary rule and all its ramifications.
William O. Douglas
Apparently
Douglas’s letter made the rounds of the justices, because five days later,
Justice Frankfurter – a dissenter in Mapp – felt obliged to respond:
Dear Brethren:
At the time that Bill Douglas circulated his report
of Attorney General Stanley Mosk’s rejoicing over Mapp v. Ohio nothing
was further from my thoughts than intramurally to argue that decision. Nothing
is further from my thoughts now. Nor would I have made comment if Attorney
General Mosk had founded his approval of the Mapp decision on his view
of the history of the Fourteenth Amendment or on what he conceived to be the
juristic requirements of the Due Process Clause of that Amendment. Instead, he
welcomes the opinion because it will check a tendency of California lower court
judges and, perchance, even the danger of the California
Supreme Court, to make inroads upon the California
doctrine regarding search and seizure, as expounded in ... People v. Cahan,
44 Cal. 2d 434. Coming from one of the most self-reliant of States, this
attitude to look to federal authority for dealing with a local problem – for
such was concern over the Cahan doctrine until Mapp came along –
runs counter to one of my oldest convictions which time has only reinforced.
And so I am moved to this word of comment.
So-called “states rights” claims are, I know, the
happy hunting ground of demagogues as well as of sincere reactionary minds. I
have no use for such claims; I did not imbibe them in Vienna or New York or
Cambridge or Washington. But I do deeply care about the maintenance of our federalism,
and I care deeply about our federalism fundamentally because it is, in my view,
indispensable for the protection of civil liberties to avoid concentration of
governmental powers in one central government. Those who think that this is an
idle fear read the lessons of history and, not least, of recent history,
differently from the way I do. It is not without significance that the Royal Commission on Police will, I believe,
before long report against a central police force, even for the tight little island
of England, or rather even for one-half of that Island. It is of course beside
the point of my present concern that Mapp may be deemed in support of a civil
right. More than half a century ago Elihu Root, in a famous speech, told the States
that the only way for them to preserve local rights they care about is to be
alert to their protection and not allow the Federal Government to move into a
vacuum of indifference to, and disregard of, the duties and powers of States.
(See Root, Addresses on Government and Citizenship, p. 363, How to Preserve the
Local Self-Government of the States.)
Let me repeat. I am not addressing myself to
Attorney General Mosk’s approval of Mapp v. Ohio. I am not remotely
adverting to the merits of that case. I do feel saddened, much as I respect
him, by the ground of his satisfaction over the decision.
Sincerely yours,
F.F.
Douglas,
having received Frankfurter’s letter, wasn’t about to let the matter drop. The very same day, he circulated, as a “memorandum
to the conference,” the following:
In re: Mapp v. Ohio
I did not ask Attorney General Mosk. But if I had
put the question, I am certain he would have also said, “Thank God, California
is in the Union.”
William O. Douglas
But
Frankfurter wasn’t going to let the matter drop either. Referencing the date of the Mapp
opinion, he wrote back (copying all the justices, of course):
Dear Bill:
When next you see Attorney General Mosk please ask
him if California was not “in the Union” before June 19, 1961.
Sincerely yours,
F.F.
To
which, of course, Douglas was moved to reply:
Dear Felix:
When I next see Stanley Mosk, I will put your
question to him. My guess is he will say that California was not wholly “in the
Union” before Mapp v. Ohio, as he thinks, I believe, that the Bill of
Rights should be protective of all our constituent members.
William O. Douglas
Wednesday, January 23, 2019
THE LEGACY OF JUDGE BEN WILLARD
Back when there were no lattes, or macchiatos; back when there were no cell phones to record the consumption of lattes and macchiatos while standing on a bridge with the sun setting on the beach behind the person holding up their latte; back when there was no Instagram to publicize consumption of the latte on the bridge with the sun setting in the background; there were just...people...and they just did...things. They went about their business and did their best and paid a nickel for a cup-o-joe and didn't feel the compulsion to record and publicize every damn thing they did so the rest of the world would know that they are in South Beach, eating a hamburger, and feeling happy.
Thus we spent a few moments recently pondering Judge Ben Willard:
"A man of nature; A man of God; A man of the law; And A man of the common man."
Judge Willard sat on the bench for twenty-eight years when there was a criminal court of record, which doesn't even exist today.
We would be hard pressed to name one lawyer who practiced before Judge Willard. But what we do know is that those were not the good old days. Judge Willard presided over criminal court in Dade County at a time when the police force was segregated and Black officers had authority only to arrest people of color; and Judges more than likely referred to defendants of color as "boy", and there was no such thing as a female Judge or lawyer.
So we are thinking that right now there is a baby girl somewhere, perhaps of Polynesian-Lithuanian descent, adopted by Greek-Orthodox parents who are refugees in El Salvador- because we are in to multiculturalism. And perhaps someday there will be a webpage celebrating her time as Judge of the Electronic County Court, where all business was conducted over the internet, including trials. Perhaps her parents immigrated through the President Jared Kushner Wall, legally, via the 2024 immigration deal negotiated with Speaker Alexandria Ocasio-Cortez.
With courts fully electronic, the REGJB is now a repository of servers, and the parking lot Amazon-drone landing zones, so there is no need for a statute. But maybe her web page would say:
Judge Alicia Lenani-Tavas. 2045-2090.
"A woman of the cloud; A woman of Instagram (2.9 billion followers); A woman of the law and a woman of the common user of Facebook and Twitter."
And just for fun her retirement ceremony would be presided over by Chief Justice Robert Luck, because he is so young he will be on the Supreme Court until the next millennium with the current advances in health care.
Tuesday, January 22, 2019
FORMER JUDGE HOWARD MOUSE GROSS PASSED AWAY
Howard "Mouse" Gross, a former REGJB circuit court judge and one the legends of the Justice Building passed away in December, 2018. Judge Gross was a judge during the cocaine wars of the 1980's. He sat on the bench during a time when the judiciary and the practice of criminal law, as well as Miami in general changed in fundamental ways. The influx of drug money changed Miami from a sleepy southern town, to a chic metropolis.
Where the criminals were, the money was, and that's where the lawyers went. The change in Miami spawned the careers of some of the best criminal defense attorneys in the nation including Roy Black. Jack Denaro, Joel Hirschorn, James Jay Hogan, Steve Bronis, and Richard Sharpstein to name a few. Local characters like Sy Gaer , Mel Kessler, and Stuart Mishkin flourished in the practice of criminal defense. Judge Gross was on the bench for all of this, along with his compatriots like Judge Ellen Morphonios, Judge Arthur Snyder, Judge "Fast" Gerry Klein, and our own and still practicing Ted Mastos.
His obituary is here.
Where the criminals were, the money was, and that's where the lawyers went. The change in Miami spawned the careers of some of the best criminal defense attorneys in the nation including Roy Black. Jack Denaro, Joel Hirschorn, James Jay Hogan, Steve Bronis, and Richard Sharpstein to name a few. Local characters like Sy Gaer , Mel Kessler, and Stuart Mishkin flourished in the practice of criminal defense. Judge Gross was on the bench for all of this, along with his compatriots like Judge Ellen Morphonios, Judge Arthur Snyder, Judge "Fast" Gerry Klein, and our own and still practicing Ted Mastos.
His obituary is here.
Monday, January 21, 2019
EVIL INCARNATE
There are times in life when the mysteries of the universe are undecipherable to mere mortals. If there is a plan, we are not deigned sufficient to comprehend it.
Evil seems to prevail and good taste is relegated to the scrap heap of society.
Paris falls to the Germans.
Corregidor and the Philippines fall to the Japanese.
Trump is elected president.
Warren Beatty and Heaven Can Wait.
The Sophisticated Means Enhancement.
Justice Bret Kavanaugh.
Instagram.
Light Beer.
Velveeta Cheese.
Paris Hilton.
The Broward Judiciary.
Gout.
Poison Ivy.
Rap music.
Civil Motions for Summary Judgment.
The Federal Rules of Civil Procedure.
Cruise Ships.
The Olive Garden.
The Designated Hitter.
Diet Soda.
Ebola.
Imitation Crab meat.
The improper use of the salad fork.
The harmless error rule.
The Sunday Times not sufficiently ironed.
Feel free to add your own. Disaster has once again befallen our country. A country that Ronald Reagan once called a shinning city on a hill. But no more.
Tom Brady, Bill Belichick and the Patriot Cheaters return to the Super Bowl. Again.
This too shall pass.
Evil seems to prevail and good taste is relegated to the scrap heap of society.
Paris falls to the Germans.
Corregidor and the Philippines fall to the Japanese.
Trump is elected president.
Warren Beatty and Heaven Can Wait.
The Sophisticated Means Enhancement.
Justice Bret Kavanaugh.
Instagram.
Light Beer.
Velveeta Cheese.
Paris Hilton.
The Broward Judiciary.
Gout.
Poison Ivy.
Rap music.
Civil Motions for Summary Judgment.
The Federal Rules of Civil Procedure.
Cruise Ships.
The Olive Garden.
The Designated Hitter.
Diet Soda.
Ebola.
Imitation Crab meat.
The improper use of the salad fork.
The harmless error rule.
The Sunday Times not sufficiently ironed.
Feel free to add your own. Disaster has once again befallen our country. A country that Ronald Reagan once called a shinning city on a hill. But no more.
Tom Brady, Bill Belichick and the Patriot Cheaters return to the Super Bowl. Again.
This too shall pass.
Saturday, January 19, 2019
CHAMPIONSHIP WEEKEND
BREAKING: TRUMP RESPONDS TO THE BLOG*. SEE BELOW.
Three games, four teams, one president, one speaker, one team on the path to immortality.
Cheaters at K.C. We may have another "frozen tundra" classic (check out the Vince Lombardi ice bowl clip below). The O/U is 56 and because of the weather, take the Under. The Cheaters are getting 3 on the road. K.C has one of the best home crowds- loud and involved. Brady is the old. Mahomes is the new. More importantly, the Cheaters improved secondary still cannot keep up with K.C.'s speed. Andy Reid takes a team back to the Super Bowl for a second time, and this time he wins. Chiefs -3, under 56.
Rams at Saints. This is a tough one. Rams are getting 3.5. Saints may be the most complete team in the NFL, and Drew Brees wants another shot at the big one. While we will be rooting for the Rams, we cannot advise betting against the Saints at home. Give the 3.5 and take the under. 57 is too much in a championship game.
Trump v. Pelosi.
Pelosi has the home field advantage, having played in DC for a few decades, while POTUS is the new comer. POTUS has some built in advantages (controls military transport planes) but the speaker controls the money and money makes the world go-round.
Trump is the rookie, while Pelosi is the wily veteran who knows the rule book inside out. Take the Speaker not to cave, while POTUS is looking for a way out of the mess he created. Never bet on someone who doesn't have an exit strategy before he starts the crisis. In other words, don't bet on a moron who has no idea what he is doing.
The Over-Under is February 10. Take the over and buckle up. This is going to be a while.
TRUMP RESPONDS TO THE BLOG: Shortly after posting our over/under, POTUS held a news conference with an offer to break the logjam. The proposal included money for the humanitarian crisis at the border (extra shipments of King Crab legs for the restaurants which are running short, as well as more California Chardonnays for thirsty immigrants who secure a table at a Mortons on the border) an offer to extend DACA (an acronym of which we know nothing about), and a provision to extend capital gains tax breaks for immigrants who post stock trading gains over $750,000.00 in any one year, excluding (of course) 503 exchange gains reportable under section 63 (duh). In other words, in Trump's view, everything necessary to help immigrants at our border.
In the real world POTUS still wants to deport everyone with an accent (except Mrs. Trump) or whose skin is not lily white (like maybe Rumpole's? WOW there's a thought you have to admit you-loyal reader-never ever had, did ya? Psych!). He still sees a world where people with brown skin stand with their noses pressed to the gaps in the steel slats watching enviously while Americans are eating McDonalds and sipping diet cokes while zipping around on their scooters because they are too obese to walk.
And check out Mr. Markus's blog where the rumors of an FDC sick-out-slow-down are being explored. First a "possible" TB scare shit down FDC. Before that attorneys were told the elevators weren't working and it would take four hours. When the clients showed up, they said the elevators were working fine.
What's next? Ebola? Blue-flu? Poltergeists? Communist infiltration of the email system? North Korean hackers shutting down FDC? It happened to Sony.
*Possibly, but probably not.
Three games, four teams, one president, one speaker, one team on the path to immortality.
Cheaters at K.C. We may have another "frozen tundra" classic (check out the Vince Lombardi ice bowl clip below). The O/U is 56 and because of the weather, take the Under. The Cheaters are getting 3 on the road. K.C has one of the best home crowds- loud and involved. Brady is the old. Mahomes is the new. More importantly, the Cheaters improved secondary still cannot keep up with K.C.'s speed. Andy Reid takes a team back to the Super Bowl for a second time, and this time he wins. Chiefs -3, under 56.
Rams at Saints. This is a tough one. Rams are getting 3.5. Saints may be the most complete team in the NFL, and Drew Brees wants another shot at the big one. While we will be rooting for the Rams, we cannot advise betting against the Saints at home. Give the 3.5 and take the under. 57 is too much in a championship game.
Trump v. Pelosi.
Pelosi has the home field advantage, having played in DC for a few decades, while POTUS is the new comer. POTUS has some built in advantages (controls military transport planes) but the speaker controls the money and money makes the world go-round.
Trump is the rookie, while Pelosi is the wily veteran who knows the rule book inside out. Take the Speaker not to cave, while POTUS is looking for a way out of the mess he created. Never bet on someone who doesn't have an exit strategy before he starts the crisis. In other words, don't bet on a moron who has no idea what he is doing.
The Over-Under is February 10. Take the over and buckle up. This is going to be a while.
TRUMP RESPONDS TO THE BLOG: Shortly after posting our over/under, POTUS held a news conference with an offer to break the logjam. The proposal included money for the humanitarian crisis at the border (extra shipments of King Crab legs for the restaurants which are running short, as well as more California Chardonnays for thirsty immigrants who secure a table at a Mortons on the border) an offer to extend DACA (an acronym of which we know nothing about), and a provision to extend capital gains tax breaks for immigrants who post stock trading gains over $750,000.00 in any one year, excluding (of course) 503 exchange gains reportable under section 63 (duh). In other words, in Trump's view, everything necessary to help immigrants at our border.
In the real world POTUS still wants to deport everyone with an accent (except Mrs. Trump) or whose skin is not lily white (like maybe Rumpole's? WOW there's a thought you have to admit you-loyal reader-never ever had, did ya? Psych!). He still sees a world where people with brown skin stand with their noses pressed to the gaps in the steel slats watching enviously while Americans are eating McDonalds and sipping diet cokes while zipping around on their scooters because they are too obese to walk.
And check out Mr. Markus's blog where the rumors of an FDC sick-out-slow-down are being explored. First a "possible" TB scare shit down FDC. Before that attorneys were told the elevators weren't working and it would take four hours. When the clients showed up, they said the elevators were working fine.
What's next? Ebola? Blue-flu? Poltergeists? Communist infiltration of the email system? North Korean hackers shutting down FDC? It happened to Sony.
*Possibly, but probably not.
Wednesday, January 16, 2019
NAME THAT MALL
BREAKING THURSDAY: METRO WEST IS ON FIRE.
Based on our 30+ years of experience, and this is just a guess, but you probably cannot get access to see your client until the fire is put out.
First, this breaking news: FDC is CLOSED Wednesday, Thursday, and Friday. No attorney visits. Nada. The reason? Not the Government shutdown but because TB- a highly communicable disease- has been discovered.
Second: Would you rather lose your precious parking privilege at lot 26, which hasn't issued a new permit since Ted Mastos was sitting on the bench with his best pal The Mouse 🐭... OR
Would you rather lose your REGJB "skip the line" Disney Fast Pass and wait in line for a security check with Hoi Poloi?
Take our new poll.
NAME THAT MALL
Let's a pick a good nick-name for the mall rising across from the aforementioned Lot 26. Here are a few starters:
"Sy Gaer Square"; "Janet Reno River Walk";
Based on our 30+ years of experience, and this is just a guess, but you probably cannot get access to see your client until the fire is put out.
First, this breaking news: FDC is CLOSED Wednesday, Thursday, and Friday. No attorney visits. Nada. The reason? Not the Government shutdown but because TB- a highly communicable disease- has been discovered.
Second: Would you rather lose your precious parking privilege at lot 26, which hasn't issued a new permit since Ted Mastos was sitting on the bench with his best pal The Mouse 🐭... OR
Would you rather lose your REGJB "skip the line" Disney Fast Pass and wait in line for a security check with Hoi Poloi?
Take our new poll.
NAME THAT MALL
Let's a pick a good nick-name for the mall rising across from the aforementioned Lot 26. Here are a few starters:
"Sy Gaer Square"; "Janet Reno River Walk";
Monday, January 14, 2019
GOVERNOR DESANTIS APPOINTS SECOND SUPREME COURT JUSTICE .....
THE CAPTAIN REPORTS:
BREAKING NEWS .......
(More Breaking News on the 3rd DCA below).
JUDGE ROBERT LUCK APPOINTED TO FLORIDA SUPREME COURT:
A few minutes ago, before a large crowd of friends and family gathered at the Scheck Hillel Community School in Aventura, Governor Ron DeSantis announced the second of three Supreme Court appointments. Last week he stood at The Freedom Tower and appointed 3rd DCA Judge Barabar Lagoa to the court to replace Justice Fred Lewis. That seat was reserved for someone who was a resident of the state’s Third Appellate District. Today, Gov. DeSantis’ selection is for one of the two remaining "at large" seats.
Judge Robert Luck graduated from North Miami Beach High School and he still lives in the area with his wife and two children. He graduated from UF undergrad (BA, 2000) and UF Law in 2004; (Editor in Chief of the Law Review). He then clerked for Chief Judge Ed Carnes of the 11th U.S. Circuit Court of Appeals before joining Greenberg Traurig where he worked in their appellate section. In 2008 he became an AUSA, and he was assigned to the Appeals, Major Crimes, and Economic Crimes Sections, spending five years there. In 2013, Gov. Scott appointed him to the Circuit Court. He won a full six year term in 2016 when he defeated Yolly Roberson (54% - 46%). He spent a total of four years on the Circuit Court bench presiding in the Criminal, Civil, and Appellate Divisions. In March of 2017, Scott elevated him to the 3rd DCA. Justice Luck completes his meteoric rise in the Florida state court system with his appointment to the state’s highest court.
For anyone that has ever applied to the judiciary in the State of Florida, you know that the application asks you to describe "significant cases" you have handled in your career (as a lawyer or on the bench). In Luck's application, he described what happened to him during a 2015 hearing concerning the prosecution of a defendant charged with Battery of a person over the age of 65:
" ... the defendant rushed up from his seat and jumped at me. He and I tumbled down the steps of the bench, and as I was laying on the floor, (he) was on top of me, punching my head. "My bailiff eventually ripped (him) off of me. I got up, dusted off my robe, fixed my chair, which had been knocked down, took my place on the bench, and dictated what had happened into the record. I then entered an order recusing myself from the case.
Despite the bleeding and bruising, I declined medical attention and refused to file a worker’s compensation claim. Hearing about the incident in Tallahassee, then-Chief Justice Jorge Labarga wrote me this note: ‘I want to commend you for the professionalism you displayed in handling what must have been a very disturbing situation. Your coolness and understanding was exemplary."
In Luck’s remarks today, he closed with a Jewish prayer and stated that he hoped that pray would guide him for the next 35 years on the bench; Luck is only 39 years old and with the constitutional amendment passing in 2018 allowing judges to serve until age 75, that would be possible.
Gov. DeSantis has one remaining appointment on the high court, and that name will come from one of the other nine JNC nominees that include:
Couriel, John Daniel,
Gerber, Jonathan D.,
Grosshans, Jamie Rutland,
Kuntz, Jeffrey T.,
Kyle, Bruce,
Muñiz, Carlos Genaro
Osterhaus, Timothy D.
Salario, Samuel J., Jr.
Singhal, Anuraag
THIRD DCA .......
Updating my post in the Comments section from last week concerning the subject, on Thursday, January 10, 2019, 3rd DCA Judge Kevin Emas was unanimously elected as Chief Judge of the 3rd, replacing Justice Barbara Lagoa, who had taken over as the Chief on January 1, 2019. Lagoa was named to the Florida Supreme Court by Gov. DeSantis on January 8th. With the naming of Judge Luck today, the 3rd DCA now has two new open seats. We expect the JNC to announce their request for Applications shortly. Judge Emas began his career on the bench in 1996 with his appointment by Gov. Chiles to the County Court bench. In 2001, Gov. Bush appointed Emas to the Circuit Court. Finally, in 2010, Gov. Crist appointed Judge Emas to his current seat on the 3rd DCA. Emas will serve as Chief Judge until June 30, 2021. Judge Ivan Fernandez becomes the Chief-Judge Elect.
(Our apologies for Rumpole for posting over his Monday morning post entitled "Gavels Up", which you can read just below this post).
CAPTAIN OUT .......
Captain4Justice@gmail.com
GAVELS UP
That annual bacchanalia known as "Judge's School" is in session this week somewhere in the weeds of small town Florida. So if you're looking for your favourite new judge, s/he's gone this week:
Instructor: "Gavel in left hand, and....repeat after me "DENIED" and ….no Judge Smith, first say "DENIED" and then bang the gavel because otherwise the noise of the gavel hitting the bench may obscure yall's ruling. Try again. Raise the gavel just a few inches off the desk, say 'DENIED" in a firm voice- try and convey that y'all know what you're doing- and then a sharp tap...not too hard, y'all be saying denied a lot and you don't want to snap the head of the gavel too soon."
[a Judge raises his hand]
Instructor: "You...from Mi-am-AH... y'all got a question?"
Judge XYZ: "Well, what if, umm...we grant a motion?"
[Laughter breaks out throughout the class room]
Instructor: "Settle down, settle down y'all. Well sir, that's a mighty good question you be'in from Mi-Am-AH and all...See in this here parts of the country we don't do a whole lot of judgen wheres we grant a motion a whole bunch. Sayin yes to a lawyer is as useful as feathers on a pig in these here parts...but Ah know y'all do it a bit different in Mi-Am-AH, and if y'all gonna grant somethin it's best y'all just say it quickly an then move on to getting back to judgin and denying motions and such."
Now of course Rumpole has no idea what really happens at judges' school. It's sort of like when they pick a pope. It's not open to the public and you don't hear anything about it unless someone gets loaded and is arrested skinny dipping in the hotel pool at 3 am. And when that happens they're usually from Broward so it's no surprise. We're all for education, and the proof of the pudding is in the tasting, so we will just wait and see until the judges return, still wet behind the ears, and eager to jump into court and change the world.
Meanwhile in federal court, as the sands of funding quickly runs out, do not expect the toilet paper rolls to be re-filled in the bathroom, or to have paper cups with the water pitcher in the courtroom. And if you see your favourite courtroom deputy at the Starbucks downtown, pick up the tab for the cup-a-joe and help a federal worker through these tough times. The real fact of the matter is a majority of under-paid federal workers live paycheck to paycheck and simple things like keeping the lights on and feeding their kids have become a whole lot harder while that moron in DC blabbers about sticking steel slats into the ground.
From occupied America, where the cracks are starting to appear, the FBI counterintelligence division is investigating the president and the backbone of the federal work force is suffering, fight the power.
Instructor: "Gavel in left hand, and....repeat after me "DENIED" and ….no Judge Smith, first say "DENIED" and then bang the gavel because otherwise the noise of the gavel hitting the bench may obscure yall's ruling. Try again. Raise the gavel just a few inches off the desk, say 'DENIED" in a firm voice- try and convey that y'all know what you're doing- and then a sharp tap...not too hard, y'all be saying denied a lot and you don't want to snap the head of the gavel too soon."
[a Judge raises his hand]
Instructor: "You...from Mi-am-AH... y'all got a question?"
Judge XYZ: "Well, what if, umm...we grant a motion?"
[Laughter breaks out throughout the class room]
Instructor: "Settle down, settle down y'all. Well sir, that's a mighty good question you be'in from Mi-Am-AH and all...See in this here parts of the country we don't do a whole lot of judgen wheres we grant a motion a whole bunch. Sayin yes to a lawyer is as useful as feathers on a pig in these here parts...but Ah know y'all do it a bit different in Mi-Am-AH, and if y'all gonna grant somethin it's best y'all just say it quickly an then move on to getting back to judgin and denying motions and such."
Now of course Rumpole has no idea what really happens at judges' school. It's sort of like when they pick a pope. It's not open to the public and you don't hear anything about it unless someone gets loaded and is arrested skinny dipping in the hotel pool at 3 am. And when that happens they're usually from Broward so it's no surprise. We're all for education, and the proof of the pudding is in the tasting, so we will just wait and see until the judges return, still wet behind the ears, and eager to jump into court and change the world.
Meanwhile in federal court, as the sands of funding quickly runs out, do not expect the toilet paper rolls to be re-filled in the bathroom, or to have paper cups with the water pitcher in the courtroom. And if you see your favourite courtroom deputy at the Starbucks downtown, pick up the tab for the cup-a-joe and help a federal worker through these tough times. The real fact of the matter is a majority of under-paid federal workers live paycheck to paycheck and simple things like keeping the lights on and feeding their kids have become a whole lot harder while that moron in DC blabbers about sticking steel slats into the ground.
From occupied America, where the cracks are starting to appear, the FBI counterintelligence division is investigating the president and the backbone of the federal work force is suffering, fight the power.
Friday, January 11, 2019
Hello’s & Goodbye’s to Judges at the Richard E. Gerstein Justice Building .....
THE CAPTAIN REPORTS:
JUDICIAL ROTATIONS .......
Round and round they go, and where they stop only The Captain knows. Now you know too. Several readers have emailed and commented asking for the Judicial Rotations for 2019. Ask no further, for here is the list, hot off the presses. Please note that, according to our sources, "we expect some changes in the coming days, so please stay tuned for updates".
Hello to:
Judge Betsy Alvarez-Zane
Judge Michael Barket
Judge Lizzet Martinez
Judge Kristy Nunez
Judge Thomas Rebull (from Circuit Civil)
Judge Eleane Sosa-Bruzon
Judge Jacqueline Woodward
Goodbye to:
Judge Cristine Bandin
Judge Michelle Barakat
Judge Gordon Murray
Judge Martin Zilber (to Circuit Civil)
JUDICIAL ROTATIONS 2019 (CLICK FOR LINK TO COMPLETE LIST)
Abreu, Milena NEW HIA County Civil 01
Alvarez-Zane, Betsy NEW REG 609 County Criminal A
Areces, Ramiro From: NDJC 205 County Civil; To: 06 CHC 2327 DV 51
Arzola, Antonio From: DCC 1401 CA 24 To: DCC 1017 CA 24
Bandin, Cristine From: REG 510 County Criminal C; To: CHC 2122 DV 53/M88
Barakat, Michelle From: REG 508 County Criminal E; To: DCC 524 County Civil 02
Barket, Michael NEW REG 510 County Criminal C
Blumstein, Mark From: REG 322 CF 17; To: REG 223 CF 17
Bokor, Alex From: DCC 310 County Civil 04 To: DCC 1401 CA 13 (County to Circuit)
Brinkley, Tanya From: CHC 2820 DV 53/M88; To: DCC 309 County Civil 04
Capote, Betty From: REG 507 County Criminal B; To: REG 507 County Criminal F
Colodny,Yvonne From: CHC 1120 CP 05; To: CHC 1123 CP 05
Cruz, Laura From: NDJC 217 County Civil 04; To: CHC 2820 DV 55
Cuervo, Raul From: NDJC 207 County Criminal A; To: NDJC 205 County Criminal A
Del Rio, Vivianne NEW MDCC 13348 D001,J001, FCJ101
Dimitris, Jason From: MDCC 14321 D001, J001, FCJ101; To: MDCC 14321 FC203, D203, J203
Figarola, Rosa From: MDCC 14356 FC203, D203, J203; To: CHC 1116 CP 03
Guzman, Carlos From: CG 1-7 County Civil 04; To: DCC 412 CA 04 (County to Circuit)
Jean, Lody NEW NDJC 207 County Civil 06
Lehr, Myriam From: NDJC 206 County Civil 01; To: NDJC 217 County Civil 01
Lopez, Carlos NEW MDCC 14356 D002,J002, FCJ102
Marrero, Yery NEW MDCC 13357 D011,J011, FCJ011
Martinez, Lizzet NEW REG 505 County Criminal D
Moore, Natalie NEW NDJC 206 County Civil 02
Muir, Celeste From: CHC 1116 CP 01; To: CHC 1120 CP 01
Murray, Gordon From: REG 505 County Criminal D; To: NDJC 210 County Civil
Nunez, Kristy NEW REG 500 County Criminal B
Pooler, Teresa From: MDCC 13348 D009, J009, FCJ109; To: MDCC 14359 D009,J009, FCJ109
Rebull Thomas From: DCC 800 CA 13; To: REG 413 CF 05
Ruiz, Mavel From: DCC 1403 CA 11; To: DCC 310 CA 11
Sosa-Bruzon, Eleane NEW REG 508 County Criminal E
Thornton, John From: DCC 1017 CA 27; To: DCC 1500 CA 27
Watson, Robert NEW CG 1-7 County Civil 04
Woodward Jacqueline NEW REG 402 County Criminal BH
Zilber, Martin From: REG 223 CF 05; To: DCC 800 CA 08
Abbreviations:
CG = Coral Gables Courthouse, 3100 Ponce De Leon Blvd., Coral Gables, FL 33134
CHC = Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Miami, FL 33128
DCC = Dade County Courthouse, 73 West Flagler Street, Miami, FL 33130
HIA = Hiealeah Courthouse, 11 East 6th Street, Hialeah, FL 33010
MDCC = Judge Seymour Gelber and Judge William E. Gladstone Miami-Dade Children's Courthouse, 155 NW 3rd Street, Miami, FL 33128
NDJC = North Dade Justice Center, 15555 Biscayne Blvd., North Miami Beach, FL 33160
REG = Richard E. Gerstein Justice Building, 1351 NW 12 Street, Miami, FL 33125
CAPTAIN OUT .......
Captain4Justice@gmail.com