JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Tuesday, January 01, 2019

THE PERSON IN THE ARENA

Welcome to 2019. The year brings more challenges to the Republic at any time since the spring of 1861 as Abraham Lincoln was inaugurated and the country split into two. 
Since that time we have faced serious challenges, but always from enemies foreign. When attacked and when  defending its allies, the best of America emerged. Young men taking up arms and traveling to foreign lands to fight tyranny. Once victorious, our citizen-soldiers returned, no conquest of people sought- in the words inscribed at the U.S. cemetery in Normandy, France, "All that we asked for in return was enough soil to bury our gallant dead."

But today there is an enemy within. A chief executive who tries to use the Justice Department as his own cudgel, seeking prosecution of his political enemies and criticizing the men and women of the judiciary, the department of justice and the FBI who hold line of the Constitution firm. Not fleeing or flinching in the face of tyranny and ridicule and ruin- even when threatened by their putative commander in chief. 
 This is not an enemy who will yield to force, as in the words of General Omar Bradley  when talking about the D-Day troops he commanded:  "The Battle belonged that day to that thin wet line of khaki that dragged itself ashore on the Channel Coast of France."  There is no land to heroically invade. We must examine our conscience. 

This enemy is more insidious. It is the worst of our character, not, in the words of Abraham Lincoln "our better angels of our nature". It is a cancer that is eating the soul of our country. There is nothing to shoot at. This enemy is conquered only by self-reflection. Meditation on who we are as a people and what we do when confronted with our dark side. 

Where  do we stand on our  bridge of freedom? With the ignorant racists and their water-cannons and bully clubs and attack dogs turned loose? Or with the men and women of all color and races, armed linked, facing mortal danger with nothing more than purity of a soul committed to the proposition that "this nation under God shall have a new birth of freedom- and that government of the people, by the people, and for the people, shall not perish from this earth.

Each of us must make our own decision on where and with whom we stand: with the ignorant mob, fearful of anyone who does not look and act and think like them? Or alone, but in defense of that which is the noblest endeavor in the history of civilization: a nation dedicated to the proposition that all people  are created equal? 

We write today in praise of our small section of Americans who defend our freedoms. The Assistant United States Attorneys of the Southern District of Florida who go to court every day and seek justice despite what their nominal leader exhorts them to do. They stand before our Federal Judges, independent by law, who do their duty as the good lord gave them the wisdom to see fit to do. The assistant State attorneys who do the same before our State Judges in our aptly named Justice Building.  Our State Court Judges are not protected with life tenure. Yet we ask them on a daily basis  to make unpopular decisions upholding the rights of the minority that could jeopardize their jobs when facing an angry electorate-mob. 
And yet their decisions remain untainted by worry of losing an election. For they know that, in the words of Theodore Roosevelt, that if they fail, then they  "fail while daring greatly, so that [their] place shall never be with those cold and timid souls who know neither victory nor defeat."  

And finally our thanks to those underpaid and rarely appreciated members of the Federal and State Public Defenders offices whose lawyers march into court every day defending those who no one else will defend, with nothing more than their skill and knowledge and courage and copy of the constitution standing between their client and ruin. 

2019 is the time to make a stand. We have examples of courage, listed above, simple men and women who do their job every day unfazed by threats of the ignorant bully who is, to our shame, our president for now. 
Many of us, in the luxury of our safe homes have loosely spoken of the bravery we would have surely shown in Nazi Germany to protect a Jewish neighbor, or in the deep south. Surely we would have walked in solidarity with a black child on the way to school while being cursed at or spit on. 

Now is the time. It is our generation's challenge. Our call to arms. Our test. Where do you stand? You are not being asked to wade ashore under fire. Your challenge is moral. It is your conscience and soul that is at stake, so when your grandchildren ask where you stood during these dark days, you will be able to smile wistfully and say proudly "with those who fought for the soul of our nation.

Are you the person in the arena? 


It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat

Teddy Roosevelt, Excerpt From The Man In The Arena Speech.  

16 comments:

A PD said...

Rumpole my Rumpole. Yesterday I wrote about how wonderful your last two posts were. Today woke and read in awe...I have no words for how your words affect me.
There is NOTHING more sexy than a brilliant man who can write.
I have sent you an email.
Please respond.
Please.

Anonymous said...

What a crock and you know it. The fact that people do what they convince themselves is the best that they can do under the circumstances does not make it the best nor does it acquit them of their duties as public defenders prosecutors or judges. To get the best criminal justice available, a defendant should be young, good-looking, trim, and white. If he or she can do that, then justice may be in their grasp.

Rumpole said...

We endeavor to publish most comments, even those that are full of non-sequiturs and make little sense about the topic at hand or anything else for that matter.

Anonymous said...

Well said. Thank you for that.

Anonymous said...

I hope 2019 is a kinder year than 2018. We can be adversaries without being enemies, argue against one another without making it personal, and achieve great results for our clients without making those around us miserable.


I wish you all a happy, health new year. Make it a great one.


Stephen

Anonymous said...

I’m headed to New York City next week. Trying to get into The Ren NYC on January 10 at 8pm.

Since they got their Third Michelin Star last year ... I can’t get a reservation at all.

Please help. I want to impress my celebrity girlfriend and besides, it is Truffle season. Can anyone of you fancy Defense Lawyers or Judges help a guy out? Please comment as to any suggestions.

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

Yes. Choke on a truffle and die with your miserable Ren rants.

CAPTAIN JUSTICE said...
This comment has been removed by the author.
CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

JUDGE LESLIE ROTHENBERG .....

The Judge went out with a bang last week as one of her final opinions of 2018 (and her career on the 3rd DCA), was published.

The 3rd DCA issued an opinion in a tobacco case on December 26, 2018. The case, R.J. Reynolds v. Schleider was the result of a jury verdict before Judge Zabel where a wife and child were suing RJ Reynolds for wrongful death due to the death of the husband in an Engle progeny case. The jury awarded $15 million to the wife and $6 million to the daughter. The jury declined to award punitive damages. RJ Reynolds appealed.

In a 2-1 opinion, Judge Logue (and Emas) affirmed the jury verdict. Judge Rothenberg, in a 37 page Dissent, declared that RJ Reynolds had been on the short end of inflammatory closing arguments that warranted reversal and a new trial.

It will be very interesting to see how Judge Rothenberg makes the transition this week to plaintiff's personal injury and wrongful death attorney as she begins her fourth career, as a litigator for The Ferraro Law Firm (they handle big time meso cases and other high value cases).

You can read the opinion here:

http://www.3dca.flcourts.org/opinions/3D15-1634.pdf

Happy New Year.

CAP OUT .....
captain4justice@gmail.com

Anonymous said...

As a follow up to 4:56 pm, what do you say to a judge to persuade them in a plaintiff's case, when the cases are dead against you and you wrote them?

CAPTAIN JUSTICE said...


To 8:26 PM.

It’s not “as a follow up to 4:56 pm” ... It’s “as a follow up to what THE CAPTAIN REPORTED”.

I’m beginning to feel like Rodney Dangerfield.

Cap Out .....

anonymous said...

Wonderful post! "Man in the Arena" is one of my favorite all time quotes!

John Kastrenakes said...

Rumpole:

You quote TR in one of his most famous passages, a speech he gave in France in 1910 after he was President. It is no small coincidence that his is one of the 4 faces carved forever into granite at Mt. Rushmore. Tomorrow is the 100th anniversary of his untimely passing at age 60 at Oyster Bay. As his son echoed on that day, "the Old Lion is dead." We can only hope that our future as a Nation has more TR's ready and willing to serve.

Anonymous said...

Yes, Donald Trump is in the arena while the rest of us watch.

Seth Sklarey said...

I would like in 2019 to hear more about the unsung heroes of the bar and bench who stand up for justice despite the yelling of the mob for blood.
It would be a welcome change to get a few on the turd district.