When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
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.
Monday, March 02, 2020
FIVE OPEN SEATS ON THE CIRCUIT/COUNTY COURT BENCH .....
THE CAPTAIN REPORTS:
MORATORIUM ON HAND-SHAKING AT ALL MIAMI-DADE COUNTY COURTHOUSES .....
Our longtime faithful readers will recall this headline from August 31, 2009. At the time, our country was in the midst of another pandemic, the "swine flu (H1N1)" and we wrote this post encouraging fist pumps and elbow pumps in all Miami-Dade courthouses. Kudos to Rumpole for his early preparation checklist posted yesterday as we all prepare for COVID-19.
SO, YOU WANT TO BE A CIRCUIT/COUNTY COURT JUDGE .......
The 11th Circuit JNC met and interviewed 25 attorneys to replace three County Court Judges who were recently elevated to the Circuit Court bench: Judges Christina DiRaimondo, Robert Watson and Ramiro Areces.
The JNC nominated a total of 18 attorneys for Governor DeSantis’ consideration. He will have 60 days to choose three new County Court Judges. The nominees include:
Karl Brown
Cristina Rivera Correa
Renier Diaz de la Portilla
Carlos H. Gamez
Rita Gonzalez Cuervo
Christopher Green
Marcia Hansen
Peter Heller
Kevin Hellman
Chiaka Ihekwaba
Scott M. Janowitz
Jeffrey Kolokoff
Gale Lewis
Steven Lieberman
Griska Mena
Christopher Pracitto
Patricia Salman
Craig Weissberg
Two Circuit Court Judges have announced that they are retiring from the bench. Judges Jacqueline Hogan Scola and John Schlesinger (his last day is April 3rd), notified Governor DeSantis of their intention to retire. The JNC is now accepting applications for those two open seats on the Circuit Court. You have until 5 p.m. on Monday, Mar. 16, to submit your application to:
Walter J. Harvey
School Board Attorney
The School Board of Miami-Dade County, Florida
1450 N.E 2nd Avenue, Suite 430
Miami, Florida 33132
SO, YOU WANT TO RUN FOR JUDGE .......
Qualifying to run for Judge takes place the week of April 20-24, 2020. With seven weeks left before the end of qualifying, so far there are a total of five contested elections - two in Circuit Court and three in County Court. Of note, in County Court, Incumbent Judges Joe Mansfield, Lody Jean, and Gordon Murray, Jr. have all drawn opposition. In Circuit Court, the only incumbent to draw opposition so far is Judge Mavel Ruiz.
GRISKA MENA - ONE WAY OR ANOTHER ........
Former ASA Griska Mena (2006-2019), currently Staff Counsel for the South Florida PBA, is determined to become a judge, one way or another. For the past few years she has repeatedly applied to the JNC for open seats on the County and Circuit Court bench. She has repeatedly been granted an interview by the JNC. She has on a few occasions been nominated by the JNC to the Governor’s office - most recently in April of 2019 when there were two open seats; November of 2019 when there were four open seats; and again in February of 2020 when there were three open seats. He name is currently before Governor DeSantis (see above).
At the same time, in June of 2019, Mena filed in Group 64 of the Circuit Court to run for judge. Clearly she was anticipating that Judge Jacqueline Hogan Scola was going to retire at the end of her current term. Unfortunately for Mena, Hogan Scola chose to retire early and informed Governor DeSantis that her last day on the bench would be March 6, 2020. Not coincidentally, as Judge Hogan Scola told me this past weekend, she always intended to end her career on that date as March 7th is her birthday and that was a birthday gift to herself.
Of course this now means that Governor DeSantis and not the voters will chose the next judge to fill Group 64. This also means that Mena must file in a different Group if she still wants to run for judge and if she is not chosen by Governor DeSantis for an open seat herself.
By the way, Ms. Mena, you need to check your mail. According to the Division of Elections, your campaign Treasurer has failed to file the required reporting documents on several occasions. Letters were sent to you and your treasurer on November 5, January 13, and again on January 31 informing you of that. To date, Mena has raised $19,235 from 48 separate contributors.
CAPTAIN OUT .......
Captain4Justice@gmail.com
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THE CAPTAIN REPORTS:
from the Washington Post
A Pennsylvania county fired its two top public defenders for doing their jobs
https://www.washingtonpost.com/opinions/2020/03/02/pennsylvania-county-fired-its-two-top-public-defenders-doing-their-jobs/?utm_campaign=wp_opinions_pm&utm_medium=email&utm_source=newsletter&wpisrc=nl_popns
"According to internal emails, letters among Beer, Montgomery County Chief Operating Officer Lee Soltysiak and sources close to the office, however, Beer appears to have been fired primarily because he filed an amicus brief with the Pennsylvania State Supreme Court in a case about how the state implements cash bail.
That brief details how indigent defendants in Montgomery County are often given irrationally high bail, that judges don’t consider a defendant’s ability to pay or the hardship that incarceration before trial will have on their lives, and that bail amounts appear to be more about keeping defendants behind bars than ensuring their appearance at trial. The brief also points out that defendants aren’t provided with counsel before bail is set, and that those who can’t pay are incarcerated for long periods before trial."
CAP OUT .....
The list is very incomplete. Most of the experts I've consulted also recommend at least a 2 month supply of Vodka, Wine and medical marijuana.
Mena would be a terrible judge.
Jusde Hogan Scola's retirement is a gift for the rest of us as well.
Who are these people? This is ridiculous. There are so many people putting their names forward for judge that just have no persona in the community. We deserve better.
Peter Heller is a nice guy. He would make a good county court judge. The others? Never heard of them. Time to make you have a minimum of 10 years of practice and at least 5 jury trials as 1st chair.
How about some pictures so we know who the hell these people are
9:13 PM - there are quite a few people on that list that have 10+ years of experience and, at least in the cases of the former APD's and ASA's, easily more than 5 jury trials as first chair. Just because you don't know them personally doesn't mean they don't have the chops to be a good judge.
If 5 jury trials as first chair was mandatory to be a Judge, 95% of those sitting would not be eligible. Very few have trial experience.
Biden is going to be ridin (high)
Trump’s going to be hidin
He’s afraid of joe
With no where to go
His polls are down
Trump is a clown
With a big frown
The end is near
He can’t handle a virus
The experts won’t hire us
In 2020 not a ways to go
The new president will be
Joe
5 jury trials , are you kidding me. A Trial Lawyer needs 20 to 25 Jury trials to really know what they are doing in trial.
Sir Wilfred
Should have at least 5 jury trials in the civil arena where the big boys play!!
Heller and Hellman I think.
Five trials? I had two my first week as a C.
How about 25 trials?
This obsession that some of you criminal law people have with jury trials as a prerequisite to be a judge is unfortunate.
In civil, a lot of what you see is business gone bad without criminal conduct. You need to have negotiated deals, written the contracts, helped conduct due diligence on a business sale, set up condos, done real estate closings, drafted and recorded mortgages, and actually have experience doing the things that are being fought over if you have any chance of understanding what is going one. No amount of criminal prosecutions or personal injury cases tried to a jury will help you with that. There are countless commercial litigators with active litigation practices who might see a jury 3 or 4 times a decade. There are as many different types of issues presented to a court as there are roads a lawyer can take.
Don't even get me started on the $hit show that is family law (remember, there are no juries in family law).
I don't think there are juries in probate either. So, don't tell me anymore about your 25 DUI jury trials last year. No one is that impressed.
Some of the questions to be asked of potential judges are: 1) are you smart, 2) are you good at the work (not to be confused with are you a good rain maker), 3) are you curious, 4) are you patient, and 5) are you diligent. The number of jury trials you've tried is, at best, a tiny non-exclusive subpart to "are you good at the work".
David Ovalle:
Do KFR or Carlos have any comment about the number of misdemeanor inmates being held pre-arraignment on financial bail bonds they cannot afford, PRIOR to Coronavirus sweeping through the Florida prison and jail system?
No handshakes among lawyers at 73 West Flagler? Now at least you can defend yourself while your opposing counsel stabs you in the back.
Runpole -your stock tips are AMAZING.
I have followed your recommendations for years now and have made significant gains.
Thank you. Please give us more frequent updates.
9:53 AM,
You make a great and insightful point...except
So often, new Circuit judges are assigned to the felony division. There, jury trials are EVERYTHING. With the ramifications of those proceedings having the ultimate in consequences, vast jury trial and other litigation experience should definitely be a prerequisite.
@6:56 - that's the chief judge's job. If new judge X comes in and says, "I spent 20 years doing complex commercial litigation, but I have never set foot in the criminal court house, and have only ever been in front of a jury a handful of times," don't send that new judge to criminal. Let the judge get his/her judicial feet wet somewhere they know the issues well. Rotate them in later (or never!). Same with former prosecutors - their first assignment shouldn't be in probate (for example).
8:56, I believe that most new judges are assigned to the criminal division because part of getting their feet wet is learning how to make rulings. The criminal division forces judges to engage in much more immediate decision making and presents far fewer opportunities to take things under advisement. New judges being assigned to the criminal division is like judicial boot camp.
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