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.

Friday, April 24, 2020

JUDICIAL ELECTIONS 2020 ..... NOON FILING DEADLINE


THE CAPTAIN REPORTS:

THE NOON TIME HOUR HAS LONG SINCE PASSED. Barring some unforeseen last minute filings that we are unaware of, it appears that there will be seven contested judicial elections in August of 2020.  Five contests in Circuit Court and two more in County Court. (For a detailed breakdown of all seven elections, please scroll down).

Three Incumbent Circuit Court Judges face opposition: Judge Thomas Rebull faces off against three time candidate Denise Martinez-Scanziani. Is the third time a charm?  Judge Dava Tunis faces her first ever contested election in her 20 years on the bench (five in County and fifteen in Circuit) as she has been challenged by another three time candidate Rosy Aponte.  Is the third time a charm, for her? Judge Mavel Ruiz beat an Incumbent six years ago to win her seat; now the tables are turned as Marcia Hansen tries to unseat Ruiz.

In County Court, two Incumbent Judges face opposition: Judge Joseph Mansfield is challenged by attorney Miguel "Mike" Mirabal. Mirabal lost to Judge Milena Abreu in 2018.  Also, Judge Christine Bandin faces off against attorney Shaun Spector.

In two other Circuit Court races, Olanike Adebayo faces Joe Perkins. Adebayo lost a County Court race in 2018 to Judge Sosa-Bruzon.  Perkins lost a Circuit Court race the same year to Judge Yery Marrero. Carmen Cabarga is challenged by Roderick Vereen. Vereen mounted a last minute filing, almost not qualifying due to some errors with his filing fee check, but has now officially qualified.

CONGRATULATIONS TO JUDGE-ELECT MICHELLE DELANCY.

Judge-Elect Delancy becomes the Milt Hirsch of 2020; (Judge Hirsch also walked into a Circuit Court seat unopposed back in 2010).

ADDENDUM: We just spoke with Judge-Elect Delancy.  Here is what she had to say about today's events:

"I am beyond ecstatic to get to live my dream of serving our community on the Circuit bench. Winning unopposed is humbling. I couldn't have done so without the amazing support of my family, friends and colleagues."

CONGRATULATIONS TO THE FOLLOWING INCUMBENT JUDGES WHO ALL WIN NEW SIX YEAR TERMS HAVING BEEN UNOPPOSED IN 2020:

CIRCUIT COURT: (30)
 
Ivonne Cuesta
Rosa Figarola
Angelica Zayas
Jose Rodriguez
Jorge Cueto
Alex Spicola Bokor
Daryl Trawick
Migna Sanchez-Llorens
Yvonne Colodny
Tanya Brinkley
Laura Stuzin
Peter Lopez
Alberto Milian
Spencer Multack
Michelle Alvarez Barakat
Orlando Prescott
Stacy Glick
Dawn Denaro
Cristina Miranda
Abby Cynamon
Marcia Caballero
Martin Zilber
Alan Fine
Richard Hersch
Veronica Diaz
Reemberto Diaz
Carlos Guzman
Spencer Eig
Beatrice "Betty" Butchko
Andrea Ricker Wolfson

COUNTY COURT: (9)
 
Donald Cannava Jr.
Raul Cuervo
Stephanie Silver
Luis Perez-Medina
Betty Capote-Erben
Elijah Levitt
Natalie Moore
Victoria Ferrer
Gordon Murray, Sr.


CIRCUIT COURT CONTESTED RACES

GROUP 75

This race is the Incumbent’s primer for why Incumbents can take nothing for granted and must go out and raise lots of $$$ in the 12-18-24 months before their next election. Judge Tunis was blind-sided last night with the filing by Rosy Aponte. Judge Tunis had done almost zero fundraising over the past six years and she has only raised $8,575 from 27 contributors.

Dava Tunis (Incumbent)
- she has a net worth of $3,027,790 and she has qualified
- she has raised $8,575 from 27 Contributors and loaned her campaign $150,000
- she has a salary of $160,791 as a Circuit Court Judge
- she was first appointed by Governor Bush in 2005. She ran unopposed in 2008 and again ran unopposed in 2014. She has never faced an opponent.

Rosy Aponte
(JUMPED INTO THIS RACE at 5:00 PM Thursday. It would be an understatement to say that County Court Judge Gordon Murray is breathing a lot easier today while Judge Tunis is not a happy camper).
- she has a net worth of $315,000 and she has qualified
- she has raised $3,000 from 3 contributors and loaned her campaign $49,000
- she is a solo practitioner with R. Aponte & Assoc. where she paid herself $83,000. She is also a partner in the Felicetti Law Firm where she was paid an additional $120,000
- she ran for a County Court seat against Judge Kristy Nunez in 2018, losing that race by 52 % to 48%.
- she ran for a Circuit Court seat against Judge Oscar Rodriguez-Fonts and Carol Breece in 2016. Ms. Aponte failed to make the runoff as she gained only 26% of the vote compared to Rodrgiuez Fonts (34%) and Breece (40%) in the Primary.


As Rumpole suggested last night, Rosy Aponte has a lot of explaining to do. Sure, no judge, or any elected official for that matter gets a free pass. You earn your position and your trust with the public. That is exactly what Judge Tunis has done for her entire career. First as an Assistant Public Defender from 1986-2000. In 2000, she was appointed to the County Court bench by Gov. Bush. In 2005, Bush elevated Judge Tunis to the Circuit Court bench where she has spent the past 15 years. By all accounts, Judge Tunis is a dedicated and trusted public servant.

Rosy Aponte faced the voters in 2016 and she lost. She faced the voters in 2018 and she lost again. And before those two loses, in 2014, she faced Bankruptcy Court Chief Judge A. Jay Cristol, and she lost again. In a Hearing before Judge Cristol on November 14, 2014, here is what the Judge had to say: (directly from the court transcript)

"THE COURT: Okay. We have a number of matters on the calendar. However, the Court will go first to Court Paper 526, and Court Paper 526 is the debtor's motion for rehearing, and on Page 2 of that motion Ms. Aponte states that the issues presented in the case are beyond her area of expertise.

Now, Ms. Aponte apparently filed a motion to withdraw, but then didn't show up to prosecute it. Some other attorneys came in who had not complied with Section 329 of the Code, and there had been no order authorizing substitution, so the Court did not allow them to appear.

In this case, based on Ms. Aponte's admission in her pleadings that she's not -- she's working within the area of expertise, it appears that Ms. Aponte is in violation of Florida Bar Rule 4-1.1, competence, and, therefore, should not be allowed to continue in this case or any other case in any Bankruptcy Court in the United States. And, therefore, the Court will draw such an order barring her from any further appearance until such time as she can demonstrate competence. And the Court will refer this matter to the Florida Bar." IN RE: Walter A. Lista. Case No. 13-22662-AJC. Doc. 551. Page 4. (NOTE: There is no indication that Ms. Aponte was ever disciplined by The Florida Bar for this or any other matter).


GROUP 37 (OPEN SEAT - Judge Celeste Muir retiring)

Michelle Delancy
- she has a net worth of $916,640 and she has qualified

- she has raised $88,828 from 307 contributors and loaned her campaign $88,250
- she is an attorney with Delancy Law with a salary of $147,000

SHE IS CURRENTLY UNOPPOSED

GROUP 55 (OPEN SEAT - Judge Jeri Beth Cohen retiring)

Olanike "Nike" Adebayo
- she has a net worth of $39,981 and she has qualified
- she has raised $55,431 from 195 contributors and loaned her campaign $1,604
- she is an attorney with the Office of Criminal Conflicts with a salary of $60,000
- she was a candidate for County Court in 2018. She was defeated by Judge Eleane Sosas-Bruzon 56% to 44% 
 

Joe Perkins 
- he has a net worth of $575,000 and he has qualified
- he has raised $127,069 from 135 contributors and loaned his campaign $75,500
- he is an attorney with Garbett Allen & Roza with a salary of $165,000
- he was a candidate for Circuit Court in 2018. He lost his race to Judge Yery Marrero 53% to 47%

GROUP 57 (OPEN SEAT - Judge Bernard Shapiro retiring)


Carmen Cabarga
- she has a net worth of $231,000 and she has qualified
- she has raised $64,906 from 170 contributors and loaned her campaign $145,000

- she took out a HELOC in the amount of $100,000 and borrowed another $45,000, all from Iberia Bank
- she is an attorney with the Office of Criminal Conflicts with a salary of $65,000
 

Roderick Vereen
- he has a net worth of $2,189,086 and he has qualified.
- he has raised no money
- he owns his own law firm with a salary of $650,000
- he ran for Congress in 2010 as a Independent against Fredricka Wilson and lost 86% to 14%.
- he then ran as a Democrat in 2012 for State Attorney against Katherine Fernandez Rundle, losing 60% - 40%.

GROUP 65

Contrast Judge Dava Tunis’ nearly non-existent fundraising efforts as an Incumbent with Incumbent Judge Rebull’s fundraising. He has 423 contributors who have donated almost $181,000 to date.

Thomas Rebull (Incumbent)
- he has a net worth of $366,509 and he has qualified
- has has raised $180,943 from 423 contributors and loaned his campaign $5,000.
- he is paid $160,688 from the State of Florida; and $3,150 from the Univ. of Miami
- he was first appointed to the bench by Gov. Rick Scott in 2011. He ran unopposed in 2014.

Denise Martinez-Scanziani
- she has a net worth of $1,423,019 and she has qualified
- she has raised zero money and loaned her campaign zero money.
- she is self-employed and had income last year of $323,657.  
- she first ran in 2008 against Incumbent Circuit Judge Bernard Shapiro losing 59% - 41%. 
- she next ran in 2016 in retiring Judge Gill Freeman's Group against three opponents. The primary results faired no better for her: Mark Blumstein (29%); Luis Perez-Medina (25%); Renee Gordon (24%); and Ms. Martinez-Scanziani (23%).


GROUP 67

Mavel Ruiz (Incumbent)
- she has a net worth of $199,459 and she has qualified
- she has raised $123,944 from 278 contributors and loaned her campaign $78,000

- she has a salary of $160,688 as a Circuit Court Judge
- she was elected in 2014 over Incumbent Judge Fleur Lobree winning by a 54% - 46% vote
- she was one of the judges along with retired Judge Cindy Lederman and Judges Marcia Caballero, Rosa Figarola, and Teresa Pooler that received a written reprimand from the Supreme Court because of a letter they signed that backed Our Kids of Miami-Dade & Monroe, Inc. as it competed with another organization for a Department of Children and Families multi-year contract worth about $500 million.

Marcia Giordano Hansen
- she has a net worth of $996,788 and she has qualified

- she has raised $44,280 from 167 contributors and loaned her campaign $50,200
- she is an attorney with The Hansen Law Firm with a salary of $50,000
- she first filed to run for County Court Judge in Group 9 against Incumbent Judge Joe Mansfield before switching to this race


COUNTY COURT CONTESTED RACES

GROUP 9:

Joseph Mansfield (Incumbent)
- his has a net worth of $268,909 and he has qualified
- he has raised $5,200 from 10 contributors and loaned his campaign $0

- his salary with the State of Florida is $151,822
- he was appointed by Gov. Scott in August of 2017

Miguel "Mike" Mirabal
- he has a net worth of $1,684,634 and he has qualified
- he has raised $0 and has loaned his campaign $30,500

- he runs his own law firm, Global Legal, with a salary of $95,750
- he ran for a County Court seat against Judge Milena Abreu in 2018, losing that race by 65% to 35%
 

GROUP 24

Christine Bandin (Incumbent)
- she has a net worth of $540,979 and she has qualified.
- she has raised $12,780 from 45 contributors and loaned her campaign $500
- she is paid $151,822 by the State of Florida
- she was appointed to the bench by Gov. Scott in October of 2018.

Shaun Spector
- he has a negative net worth of [-205,256] YES THAT IS NEGATIVE and he has qualified
- he has raised zero money and loaned his campaign zero money
- he has been an attorney for nine years and runs his own law firm in Coral Gables where he primarily practices commercial litigation and pays himself $78,690


GROUP 38:

Gordon Murray Sr. (Incumbent)

- he has a net worth of $777,299 and he has qualified
- he has raised $67,794 from 227 contributors and loaned his campaign $25,704
- his salary from the State of Florida is $151,182; he is paid an additional $6,700 from Miami-Dade College
- he was appointed by Gov. Scott in October of 2017

Rosy Aponte
WITHDREW AT 5:00 PM YESTERDAY. NOW RUNNING AGAINST CIRCUIT JUDGE DAVA TUNIS.


CAPTAIN OUT .......
Captain4Justice@gmail.com


21 comments:

Anonymous said...

Gordon Murray should not worry.

We have his back and that's the fact Jack.

the trialmaster said...

I am at a loss to understand why Aponte, a never has been without good quafications would chose to take on Judge Tunis who is an experienced and dedicated judge who had tons of jury trial experience before becoming a judge. Davia has a big bankroll herself and will raise a ton of money from lawyers who know her well. Perhaps because of her name which is not Latin and she took from her late husband,Paul who was a great lawyer, father and husband. I will back Judge Tunis all the way.

Anonymous said...

Has anyone else had a problem with using the updated clerk's office website?
Is there a setting I need to change to be able to see the boxes to enter information?
Who do I call to tell them there's a problem?

Anonymous said...

What is the final word on who is in or out or qualified (no pun intended) or not?

Anonymous said...

Shaun Spector is obviously no Harvey Specter ...

Anonymous said...

Rump. Can we get a list of the final match-ups? They had till noon to qualify. What about it?

Anonymous said...

I'm not sure about Tunis. There are a lot of horror stories her performances.

CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

DEAR 1:31 PM:

This is a rhetorical question for you. I say that up front because maybe you don't read the Blog often. "CAPTAIN JUSTICE", "The Captain", "The Captain Reports" is not the same person as "Rumpole". We are two different people. Were you aware of that?

The Captain has been writing a column for this Blog, primarily on judicial elections and JNC appointments, for the past 14 years.

So, with that in mind, kindly rephrase your questions to read:

"Captain". Can we get a list of the final match-ups?

1:31 PM. This is the Captain responding. I'm glad you asked that question.

The answer is: Read the updated column. It's all there.

I think it's time for an early Happy Hour today. I'm going drinking with Judge-Elect Michelle Delancy

CAPTAIN OUT .......


Anonymous said...

Tunis has not been good for criminal defendants by any means. She reflexively rules for the State on everything. Rebull is terrible, his sentencing practices recall Jim Crow, and he absolutely deserves opposition.

Anonymous said...

Judge Tunis is arrogant, nasty, overbearing, and unpleasant. As a county judge, she was a pleasure to be in front of. As a circuit judge, she thinks that she is the smartest person in the room and one who does not have to listen to anyone else. I despise going into her courtroom. At least Rosy Aponte is pleasant.

Anonymous said...

Try a different browser on the clerk's website.

Anonymous said...

Thank you Captain. My take Is that i like seeing and incumbent or two Kicked off. keeps Everybody honest. Could be worse. A Totally incompetent Ass could Long hold An undeserved position. Not On our watch!

Anonymous said...

I am beyond excited for Judge-Elect Michelle Delancy!! Not only is she immensely qualified, she's definitely put in a ton of work so people need to stop suggesting she's undeserving just because she didn't get opposition. She has a thriving law practice and has handled many large and complex cases so she definitely knows her way around a courtroom. She's also been sent up to the governor's office a number of times over the past decade which means she's been vetted and endorsed by the JNC. And she jumped into what should have been a contested race - not an open seat, not against an incumbent, and not as a result of some last minute shenanigans. It's not her fault her opponent immediately jumped seats, nor is it her fault that no one else challenged her for an entire FOURTEEN MONTHS. She put in the work, campaigned and raised a lot of money, garnered community support, and was successful in her efforts, which is all we can ask of this process. Congrats Michelle Delancy, our bench needs more seasoned litigators who bring a wealth of knowledge and life experience to the bench. See you in court!

CAPTAIN JUSTICE said...


Well said 5:30 PM. Well said.

Cap Out

Anonymous said...

Click reset and boxes will magically appear.

Anonymous said...

5:13, that is a really funny code. And dead on.

Anonymous said...

Reading the comments I though of Broward Judges Lynn Rosenthal, Cynthia Imperato, and Gisele Pollack.

Anonymous said...

Totally agree with 5:13!

Anonymous said...

Eig = mean spirited human being in juvenile and family court. Should be reported to JQC.

Anonymous said...

Judge Tunis is a fair and even-handed judge. Several years ago I had a client that was arrested for kidnapping and L&L after he was on a cruise to Bahamas. The case was very complicated. Cruise ship was over 12 miles out to sea when incident occurred. Client was out on bond. State wanted to take my client into custody to force him to take a plea. Judge Tunis denied the state's motion. The day of trial, the state had to give my client a breakdown to simple battery and withhold. Judge Tunis followed the law and was always well prepared.

Anonymous said...

Any thoughts on why Mavel Ruiz drew a challenger? Mavel Ruiz always seemed reasonable, well prepared, smart and personable.