A new day has dawned in Miami, and there is not much to celebrate. The election results are disappointing and the judiciary has been diminished. Make no mistake about that. We have no regrets. We spoke truth to power and we shall continue to do so.
In these troubled and difficult times, it's best to turn our thoughts to history and seek solace in the words of those who have come before us. There is at least one new judge who could not pick the name of Judge Learned Hand out of a line-up if their job depended on it. But elections have consequences.
Here is Judge Milt Hirsch's Constitutional Calendar for August 18, 2020. Enjoy.
"[T]his much I think I do know — that a society so riven that the spirit of moderation is gone, no court can save;
that a society where that spirit flourishes,
no court need save;
that in a society which evades its responsibility by thrusting
upon the courts the nurture of that spirit, that spirit in the end will perish."
-- Learned Hand, in "The Contribution of an Independent Judiciary to Civilization" (1942).
Judge Hand died on this day, August 18, 1961
47 comments:
Shilling for establishment bullies is not "speaking truth to power." It's the exact opposite.
Rumpole, what happens now to the Florida Bar investigations reported by The Herald that are pending against Aponte? Does the J.Q.C. inherit them and take over those investigations or does The Florida Bar complete them?
The voters spoke and that is what this is about. Congrats to Rosy and Denise--may they treat lawyers and litigants better than the judges they just defeated.
Sad day. Three good judges lose to shmenks. One idiot judge wins big over a highly qualified challenger.
And there seems to be a pattern here, can't quite place it.......hmmmmm
Dees ees bullshit.
Dava and Tom had this coming. Being a bully has consequences. If only Jeri Beth Cohen was on the ballot yesterday. Simply put, Miami voted for hispanic names. Broward voted for black faces.
Sad but, true.
Rebull's sentencing practice in criminal court was draconian and barbaric. 364 for misdo cannabis possession? You better believe Rebull thinks that's an appropriate sentence. There are multiple people serving life sentences primarily because they had the misfortune to land in front of him rather than one of the more reasonable judges. Good riddance.
Bye, Bye, Dava. No more being screamed at (in January)
I wonder if either will pull a "Nancy Pollock?" She lost and election and showed up that night at her office, removed her stuff and disappeared forever. She got paid for 4 months more work and never showed up.
Later she got suspended and now is listed as membership lapsed. Funny, her email address is still "Judge Nancy..."
A complete sweep for disaster on the circuit court bench. There's nothing wrong with some level of identity politics. Folks are always and everywhere going to want to vote for folks they perceive to be like themselves. It's understandable and reasonable that they are so inclined. But when that becomes the exclusive consideration, when race and ethnicity are the ONLY things voters weigh -- and when candidates and their consultants can count on that -- it leads to opportunistic elevation of people with no business on the the bench.
That's what happened four times over yesterday.
In Miami-Dade County a well qualified experienced judge with overwhelming support from the Lawyers who know is defeated by a totally unqualified hispanic opponent with virtually with 5 contributors who raised a total of about $5000.00 to fund the campaign. The opponent refused to appear in public called blacks "colored" and yet won over a 20 year experienced anglo judge. The same fate befelled Rebull. He lost to another hispanic opponent ( who was better qualified than Aponte). The same fate took Bruce Levy, an experienced judge off the bench losing to a hispanic female who never practiced law and sold amway. Simply stated, any anglo who draws a hispanic opponent in this County will lose no matter how well qualified they may be and how incompetent the opponent is. The Bench continues to diminish in quality. Hopefully she will be put somewhere in the system where her lack of experience will not injure the public.
Tunis reaped what she sowed! KARMA . . .
For those who understand . . . the Great Architect teaches us by rewarding unselfish acts of kindness, mercy and humility, but punishing selfish acts of abuse of power, immorality and injustice. There is no happenstance; everything happens for a reason; it is all within the Great Architect’s blueprint. At the time we may not understand or appreciate why something happened, but there is always purpose. Encountering a situation of someone in need, trust that kindness toward that person is rewarded in unexpected ways. Encountering a bully’s injustice, trust that engaging the bully and the injustice was meant to be and, like acts of kindness, fighting the bully and the injustice is rewarded in unexpected ways. Enough said!
This election reminds me of the history of the Miami Marlins. Whenever stars developed they were traded for minor leaguers. The public has no idea about judges and this should at least raise the question about judicial elections. Merit retention looks much better to my old, tired eyes. I believe the system will roll along just like the sun will rise in the east and set in the west. However, quality took a beating. Just my opinion.
Macbeth? Tunis got what she deserved. An old man once told me never to underestimate anyone, and treat everyone as if they influential and powerful because you never really know the person's power, influence or friends. The lesson is basic, Judges are political neophytes, as are most of the so called legal power brokers who have disillusion of grandeur. In the political arena, they are really fish out of water.
As for Tunis’ Machiavelli and Sun Tzu are more befitting than Macbeth.
Machiavelli “Offenses one does to a man should be such that one does not fear revenge for it.”
Sun Tzu “Do not engage an enemy more powerful than you. And if it is unavoidable and you do have to engage, then make sure you engage it on your terms, not on your enemy’s terms.”
So, those who fail to get the message are destined for the same fate as Tunis.
One clear observation in the Judicial elections is that it Helps to have a ' Hispanic ' name. The results show that Candidates with Hispanic names won against judicial candidates with non- Hispanic names.
Well said Ted.
I called the Shumie on them a while ago. And I was right.
Que pasa Mansfield?
Interesting election
Everyone can complain about so and so not being qualified, but everyone one who ran was "qualified" per Florida Constitution Article V section 8. Maybe that is what you should be complaining about.
Carmen M. Vizcaino
That’s just ridiculous. He didn’t deserve that
Let's see if I understand this. When Anglos had a majority, and a Latin ran against them, that was permissible to vote for them. Now latins have a majority. Perhaps they think that they will be better treated by a latin judge than by an Anglo. Judge-Elect Aponte won by almost 50,000 votes. Was that all identity politics? Has Judge Tunis ever been voted for because of her identity? How about Anglo v Anglos Did the poor latinos have to just not vote there? How about "Camacho?" Latin-claimed identity did not help him. The facts is that she was mean and non-latino, a bad combination. I am sure that her mean-spirited supporters will continue to attempt to pursue her, but I suspect we will be getting a good judge who is both hispanic and "colored," and guys, if that is the words she wasnt to use, she may be entitled. But, it is so wonderful to live in the new "Progressive" era, where it makes no difference what you do, just what you say. I suspect that Judge-Elect Aponte will do an even better job now that she knows that the hard-core Rumpoleian ideologues are after her.
The problem is that Rebull had to go and no one-except the winner-had the courage to run against him.
So, the White non-hispanic judges better be nice. What's wrong with that?
Another election where last names won over quality in Miami-Dade.
The public knows nothing about judges? Why do you hate democracy? What have you done to educate? Why don't more qualified candidates run against "bad" judges? These comments are the worst kind of "hot takes." But that's Miami.
Merit retention for circuit and county judges? That would be a lifetime appointment. We'd still have Peter Adrien on the bench if we had merit retention. A judge couldn't be voted out if they tried.
What it really comes down to is that 99% of your best judges never get an opponent. There is your merit retention equivalent. Think of some of the best judges in the past. Did they ever get an opponent?
The JNC, JQC and the local lawyers do a pretty good job of keeping the bench in decent shape.
Couple of responses. Jack gets his say. But not much else.
I am against any unqualified person serving. I have made my feelings clear but we elect judges and this is democracy in action. So now we have a judge disbarred in one court serving in another. So be it. If she does a great job and Her decisions are brought to my attention I will post them. People who appear before her and comment favorably will have their comments posted.
The proof of the pudding is in the tasting. Be careful what you ask for in life - you may get it.
The one thing that concerns me more than anything else is racial politics. I would hate to see Miami fractured along Hispanic / non- Hispanic lines more than it already is.
Best Judges I have appeared before ? Fred Moreno. De La O. Rosinek. Hirsch. Melvin Green. Martin Kahn Tom Carney. Gonzalez. Ken Marra. Beth Bloom. Will Thomas. Gayles. Oppenborn.
Black. White. Male. Female. Hispanic.
Congrats to the winners!
Someone commented on this blog and insinuated that Rebull is Anglo, and was defeated by a Hispanic. Rebull is a Hispanic name. Ancestry.com states that the first Rebulls came to this country from Spain to Montana in 1883. This formerjudge pronounces the name as Reb-bull. If he had pronounced it as Reb-bool, it might have improved his chances here. It's a Hispanic name. But it's his loss.
Maybe Rebull will get appointed to the Third. That's what happened to Lobree after she got appointed to county court, lost an election, got appointed to circuit court, and lost another election. Will of the voters, ha, shes set for life on the Third. I'm sure Rebull's sentencing and judicial philosophies would similarly appeal to Desantis and the JNC.
He gave people jail for weed?
Nothing
The Eleventh Circuit Judicial Nominating Commission is currently accepting applications (until Friday 8/21) to fill the vacancy created by Alex Bokor's elevation to the Third District Court of Appeals. If you are a highly qualified attorney that is interested in public service please apply. If you know someone that fits this description, please let them know about the vacancy. There are about a dozen trial court vacancies a year in Miami-Dade, so we constantly need new applicants. We can only nominate folks that apply:
https://www.floridabar.org/news-release/judicial-nominating-commission/11th-circuit-jnc-circuit-court-judge-vacancy/
If you are interested in the process, but not quite ready to submit an application, please feel free to observe the interviews (now on Zoom due to COVID), and reach out to Robert Fernandez (rfernandez@rhflawfirm.com) to be added to the email list for future announcements.
Finally, if you ever have any comments about any applicant (positive or negative), please reach out to any other commissioner to share your thoughts. We value and appreciate any firsthand experiences that folks have had.
Hayden O’Byrne
Eleventh Circuit Judicial Nominating Commission
I si your point. What's in a name anyway?
Highly qualified GOP lawyers right Hayden?
Rebull had to go. Tunis had to go. Mansfield had to go. The problem here is that the action of treating people inhumanely for efficiency and convenience come as second nature to some people in this country. There is no coincidence that the folks being impacted are black and the folks dolling out this treatment are white. Look at our history.
This same problem is rearing its head even in the medical field. Black babies are 3 times more likely to die at birth when being cared for by a white doctor. Whereas there is no drop off the other way around. Why is that? No one is saying that white doctors are overtly trying to kill black babies. What we're saying is that sometimes its not an overt act but a dangerous oversight because something in that person, that have yet to reckon with, values that brown body less than a white body. We do not have time to coddle these grown adults that know right from wrong. What we MUST do is extinguish this behavior from our honorable courts as quickly as possible. Implicit bias trainings where the majority of the people in attendance are black is not the only answer. The answer is putting functional adults with empathy in the position in the first place.
This man had to go and any man that allows himself to turn a blind eye to a persons humanity that easily should not be in that seat. Period.
I also agree with Carmen. For to long gringos got voted on, to the detriment of highly qualified Hispanic and Black lawyers, because of the then racist tendendcies of white voters. It's about time Hispanics got to do the same thing to the anglos!
Suggesting Joe was rude or vicious is way off.
The Eleventh circuit nominating commission is looking for a new circuit court judge. Do not apply unless you (and your spouse) are registered Republicans and you belong to the Federalist Society. Any other "qualifications" are superfluous.
Ted, I love the Marlins analogy. Quite correct.
What do you think of all the black babies aborted by Planned Parenthood? Even PP had to denounce its founder Margaret Sanger a couple months ago because of her racist desire to rid the world of inferior (i.e., black and other POC) human beings.
But PP rolls along....
Good. Works for me and a lot of other people.
How could anyone call Joe Mansfield not nice. Hes a good man.
Joe Mansfield is one of the kindest people you will ever met. He has a sarcastic sense of humor, which can sting sometimes. But he is not mean and if he realizes that something he said was not received as intended, he will apologize and try to fix it.
He was excellent as the jail diversion program judge and this is a huge loss to our community.
This is rebullshit.
Dont they call that man Maximum Mansfield? I dont care how many smiles you give me if youre maxing out everyone for practicing their right to a trial by their peers. There shouldnt be a tax on that.
The days of electing people in Miami-Dade County, Florida with the same name as (American) Civil War generals are gone. At least Joe Mansfield avoided the fate of his namesake, i.e., killed in battle, as he led XII Corps onto the field at Antietam, General Mansfield's first time on a live battlefield.
Sure maybe Mansfield's a "nice guy" but correct me if I'm wrong--he has never sentenced anyone to less than the max.
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