AND THEN A HERO COMES ALONG...

UPDATE: Judge Rodney Smith was confirmed today as your newest United States District Court Judge. DOM had the vote by vote analysis on his ever popular blog here. The Vote was 78-18. 
Congrats to Judge Smith. We are sure he will be the bastion of conservative legal jurisprudence that POTUS and his senatorial minions conspire to have on the bench. 
Meanwhile, County Court Judges across the 305/786 are saying "Smith  was confirmed? Hmmm...another opening..."

All it takes is one person saying they have had enough. Facing seemingly insurmountable odds, they don't blink. They stand up for what they believe in. 

Oliver wanted more for breakfast. 

The man who stood in front of the tank at Tiananmen Square, China (whose president, BTW loves , we mean really LOVES our president...so we hear). 

Rosa Parks. 

Jackie Roosevelt Robinson. 

Ali wouldn't go to Vietnam. 

Winston Spencer Churchill: "Never never never surrender."

The St. Louis Blues this week. 

The 1969 Miracle Mets. 

Miami Attorney Jeff Weiner and Judge Moore.

This is the email that went out on FACDL which was forwarded to us, which we have, without permission, intentionally, and perhaps unlawfully, used in this post. So sue us.

Dear Friends and Colleagues,

I was recently in federal court before a magistrate judge for an initial appearance and bond hearing, on a Friday afternoon. After the hearing, I wrote the attached letter to Chief Judge K. Michael Moore. (For a brief statement of the issue presented, please see the letter.)

Upon receipt of my letter, Judge Moore called me. To his credit, he expressed dismay that the magistrate judge (whose name I did not mention) had been unwilling to hold a bond hearing on a Friday afternoon.  He said the magistrate "should have stayed until 8 p.m., if necessary" to hold the hearing. Judge Moore indicated that he was going to look into the matter immediately and did so.

Judge Moore advised me yesterday (while in court in Key West) that there is now a system in place wherein an alternate magistrate judge will always be available to hear contested bond hearings should the duty magistrate not do so on the day a defendant initially appears in court. Judge Moore made it happen! He asked that I inform the Defense Bar that we need only to request the alternative magistrate, if necessary.

While in court in Key West, I mentioned to Judge Moore that the next step would be to have a duty magistrate judge available on weekends to allow defendants who are arrested on a Saturday, Sunday or holidays to have same-day initial appearances and bond hearings. While Judge Moore declined to commit “one way or the other,” he did ask the Assistant United States Attorney present in court if a federal prosecutor required a magistrate judge on a weekend to sign a warrant or issue an order, would the prosecutor accept having to wait until Monday? The prosecutor responded, “no.”   If a magistrate is available for the prosecutors, he or she must also be available for defendants. I was left with the clear impression that Judge Moore would seriously consider the matter.

I thanked Judge Moore for his involvement and concern, to which he responded- in jest- that I was damaging his reputation. I told him “No, it has been enhanced.”

So, I respectfully suggest that the weekend duty magistrate be asked for same-day bond hearings for clients who are arrested late Fridays, on weekends or holidays.  FRCrP 5 states that a defendant must be brought “without unnecessary delay before a magistrate judge...” It seems only fair that if prosecutors have access to a duty magistrate on weekends, that we do as well.  Perhaps our requests will result in fewer late Friday, weekend and holiday arrests since it is unlikely that magistrates will want to spend their weekends holding bond hearings. 

All the best, 

Jeff Weiner