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.

Saturday, June 15, 2019

THERE'S A NEW SHERIFF IN TOWN

Howdy pardner. There's a new sheriff in town and his name is Judge Roy Altman, and he sits in the SDFLA in Ft. Lauderdale which, if you didn't know, is an old native American word loosely meaning "Land of spring break". 

Word spread rapidly Friday by telex, fax, and a flurry of texts and emails in which Assistant Federal Public Defenders breathlessly informed defense attorneys that Judge Altman, in a Kennedy-esque manner, stated "let the word go forth, at this time and place, to friend and foe alike,  that the torch has been passed to a new generation of judges, appointed in this century, tempered by trials, disciplined by a hard and bitter appointment process, and unwilling to witness or permit defendants to self-surrender.

Yes dear reader and peruser of fine legal blogs, you read that right. Judge Altman will be requiring defendants to surrender at sentencing, except in "exceptional circumstances" (or if it's Rumpole for the defense, because we know no surrender). 

Is Rumpole outraged? Are you expecting a Rumpolian screed on the unfairness of it all? Sorry to disappoint mon-ami. Not hoy. 
(Hai, that's a little French followed by a little Spanish). (Hai is Japanese for yes). 

It's always been a dichotomy that for all it's perceived unfairness, defendants in federal court usually have been allowed to self surrender while such an event was a rarity in State Court. Lets be honest- a defendant who scores a level 12 or above on the federal sentencing guidelines (motto: "maybe they apply and m..a..y..b..e they don't"  can expect a prison sentence. So the argument that defendants need time to prepare for prison is really a nullity. They knew going in to sentencing that they were going to prison, so why didn't they prepare?

Of course, a sentencing is a difficult enough procedure (so we hear). It's fraught with emotions and pathos and it represents one of the worst days in the life of your client. A few weeks to gather themselves before being swallowed into the belly of the beast is a decent and reasonable thing to allow to occur and we applaud those members of the Federal Judiciary who allow it. 

But we cannot fault Judge Altman for forewarning the defense bar of his intentions. We hope he keeps an open mind and makes the decision on a case by case and defendant by defendant basis. Judge's who have a "policy" are not judges at all. They are single minded bureaucrats who have abandoned the practice of Judging. Like cattle in line for slaughter,  there is no variation from the all-mighty "policy.  Such are the practices that make bad judges. 

It's been said that it's a right of passage for a Judge in South Florida to fall upon the laser-like inspection and wit of this humble blog. We  wish Judge Altman well. 

As self-appointed keeper of the legal and judicial history of Miami, we believe Judge Altman has become the second judge in recent memory with the forename of "Roy". The first Roy's  foray into the judiciary didn't end too well
We think  and hope Judge Altman will do much better. 

9 comments:

the trialmaster said...

Dont think you are talking about Judge Roy Wood, a former PD and Kounty Kourt judge. Probably Roy Gelber, beaten with a pool stick at MDC. Not a good start for Altman. Once he learns about how voluntary surrender saves the Feds money and the travel trauma incurred by the defendant perhaps he will change his mind. Or maybe Josephberg can enlighten him.

Anonymous said...

Click on the link TM
It leads to a NY Times article on Courtbroom and Roy T Gelber who snitched.

Minny said...

Already a SCOTUS short lister. Can't have some on voluntary surrender pick up a speeding ticket. Would ruin his chances don cha know.

Anonymous said...

Director of FBI or Head of Fed. Trump looking to replace both.

Anonymous said...

That’s all wonderful, but I’m waiting for an answer from yesterday’s blog and post on the Blue Blazer issue? KW? Rumpole?

Anonymous said...

Koepka threepeat at the US open Rumpolium?

Anonymous said...

Was supposed to be US Atty but lil Marco has somin to say bout dat

Anonymous said...

A man who says:

Judge's who have a "policy" are not judges at all. They are single minded bureaucrats who have abandoned the practice of Judging. Like cattle in line for slaughter, there is no variation from the all-mighty "policy. Such are the practices that make bad judges.

is a man who doesn't spend a lot of time in federal court.

Rumpole said...

I don't know how you in your small minded logic come to the conclusion of "One plus A equals an Orange."

My critique of judges who have policies cuts across the board of federal and state court.