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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

 

10 comments:

Anonymous said...

Luck is a decent guy, liked him as an ausa, he was fair.

Anonymous said...

I never saw Luck do a single thing to help the defense. He thought all cops were always right. Good riddance.

Anonymous said...

Worth noting: Suarez is still hearing cases on the Third as a senior judge. I imagine you'll see a bit more of him given the turnover caused by Rothenberg, Luck, and Lagoa leaving the court in such a short time. This is a good thing, Suarez is the real deal.

Anonymous said...

Luck's not a bad gut but, sure lacks real life experience to be up there. All he ever did was represent the government. I ha three cases with him in Circuit Court and he was OK but, never, ever wanted to give anyone the benefit of the doubt.

Anonymous said...

9:02am, I was Justice Luck's conflict counsel for two years. I tried numerous cases in front of him. I open pled several clients in front of him. Had clients sentenced on PBLs and serious felonies after losing trial. He was the fairest and most impartial judge I have ever practiced in front of. He granted a motion to suppress my client's confession in a murder case and the client was subsequently acquitted. He held the state's feet to the fire. He demanded the same readiness from the defense. He understood that we ran a practice and had to make a living. He never punished one of my client's for going to trial. His sentences were fair and measured. When he denied a motion, he articulated the reasons why and explained how he would've ruled differently had the facts been different (which in turn made you take better depositions and write better motions). People can take issue with the way he ran his courtroom, but no one can take issue with how he dispensed justice. At least no one credible. And I am by no means a Federalist society flunkie or a Republican ass kisser. I am just calling it like I saw it for two years. He was leaps and bounds better than anyone else in the 11th circuit. Seeing Judge Luck elevated to the Florida Supreme Court is an affirmation that public school kids from North Dade can make it. It is a testament that sometimes working hard and keeping your nose clean will lead you to great places. I am proud of Justice Robert Luck. A dorky Jewish kid from humble beginnings who made it big. That is what America is all about.

Brian Kirlew

Anonymous said...

9:02 Not quite sure "good riddance" applies to the guy who just got a lifetime appointment to the state's highest court and will serve there until about 2055 or so. He might be out of the RGB and the 3D DCA but he's definitely not out of your life.

Anonymous said...

Luck calls them as he sees them. He is not going to be a maverick on the Court. Looks like a young Scalia.

Anonymous said...

Luck seems like a nice guy, but brilliant? Give me a break.

Anonymous said...


Brian:
Thank you for your perspective on Luck. I feel a bit better about his appointment now.I did practice in front of him and he seemed very controlling. I was not a fan but value your opinion. Only time will tell.

Anonymous said...

Maybe someone should tell Judge Mavel Ruiz that the Ex Parte Order she requires for Ex Parte Motions reads like a suggestion and not an Order. An Order must state findings of fact from the Judge, must Grant or Deny a motion and must Order Compliance, not state what a judge can or can not do. And these people are elected Judges and found competent by the Florida Bar,what a joke.