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.

Thursday, August 20, 2020

UNCLE SAM WANTS YOU

 Or maybe it's your creepy Uncle Ronny D. In any event there is a job opening and we have a description:

HELP WANTED: Judge of the Eleventh Judicial Circuit. Spanish helpful, not required. 

Are you self motivated? A self starter? Do you like to follow the rules? Do you want to work like a radio host from 10-2? Have people laugh at your jokes and stand up when you enter the room and be addressed with honorific titles? You must look good in black, keep good financial records and file yearly financial disclosure forms and be available 46-48 weeks a year for the next six years. Ability to speak in Public a plus, but not required. Competitive pay, health and retirement packages. Downside is much like the classic Shirley Jackson short story The Lottery: every year you or one of your co-workers has to submit to an agonizing process where one or more of you is chosen and stoned to death. Not literally, but career-wise you can go from the top of the heap to the bottom of the barrel if challenged by a member of certain combination of sex and ethinicity.* Details on the application below:

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

In the comments section we mentioned that we feared an even deeper spilt in the racial politics of Miami-Dade and that the best judges we have appeared before run the gamut of ethnicity, race and sex.  We also acknowledged that elections have consequences and that new judges can surprise us all. 

So we thought of this as a good topic: What Judge surprised you the most?  Our nominee is a judge who surprised us not because we expected the worst, but because we did not know him. He came to the REGJB a long time ago from a galaxy far far away (a civil practitioner) and became a legendary great REGJB Judge. We are speaking of the retired Judge Dennis Murphy. One of the best. 

What judge surprised you? 

* Go ahead with your faux outrage that we are playing the type of racial based politics we decry. We are doing no such thing, merely commenting on the race/race.

32 comments:

Anonymous said...

Great post!

Anonymous said...

Maybe Rebull and Tunis can apply LOL

Anonymous said...

I'm sure Rebull will.

Anonymous said...

You are making fun of a job as a judge by saying Spanish helpful. You want Anglo judges only in a community that is at least 59% Hispanic. Really? The bench must represent the community. Those who get to have and keep their position are not all Hispanic, but they are those who have the trust of the community and reach out to the people by being involved. This election was a lesson for incumbents and candidates who think that attorney support is sufficient to win.

Anonymous said...

Best Judges I ever appeared before:

Murray Meyerson
Meek Robinette
Ralph Person
Howie “The Mouse” Gross
Jack Martin Coe

That’s it. These were real judges. Nice to everyone and quick with good solid and well reasoned continuances. Easily accessible in their chambers for a joke or some gossiping. Always available to take them for lunch at Cye’s Rivergate or Joe’s.

Honorable mention certainly goes to Alan P. A terrific golfer. He loved the hot dog and a cream soda on the turn after nine holes. Ate it in the cart in a flash and ready to tee off on 10 and begin “kibbitzing” immediately.

Ah. The good old days where judges liked people. Maybe Rebull and Tunis can rehab at The Comedy Store or go work in Katz’ Deli for a year ... learn some people skills and get some “schtick” ... and then make a huge comeback?

Just sayin’ Rump.

Unknown said...

Desantis would happily reappoint Rebull.

Anonymous said...

Rebull should definitely apply

Anonymous said...

How about judge barbsra areces?

Anonymous said...

Those who believe the Judge Tunis lost because she is stern with some lawyers miss the ball. Even if true( We have appeared before Judge Tunis many times and have never witnessed her being abusive) that might account for 20-30 Justice Building lawyers. The truth in the matter is that the public has no idea what qualifications a challenger may have and cast their votes based upon which ethnic group they belong to. In this County, anyone with a non-latin last name will lose to a latin named person regardless if the she has never tried a jury trial or even taken a depo in a civil or criminal case. It has been the case for many years. Areces v. Levy is an example. The JQC may have the last word.

Anonymous said...

New topic: Surprised by judges?

Not really. Judge Hanzman and Judge Fine blew in and, in short order, made it look easy, did a great job. Brilliant minds.

Rumpole said...

9:42 I am making fun of a judge????? DO YOU READ THIS BLOG???? It was built on making fun of judges.

Best Judge Surprise- Maynard Skip Gross. What a great guy he was. Rest in peace. Miss him.

Rumpole said...

12:09 Have to agree- Knew Hanzman when he was in private practice - no surprise- did not know Judge Fine and he is great. Sorry to see him leave REGJB.

Anonymous said...

The Anglos on this blog are really showing their asses. 200 plus years of affirmative action not enough for you?

Also, your distrust of democracy is palpable. In this country, we decide who governs us. Read a fucking history book.

Anonymous said...

Ive been in front of Judge Tunis several times. She acts like she just cant be bothered by SOME miami citizens with criminal allegations.

People are not taking it anymore. Best believe that if any of these other judges are lacking the pressure will be applied and their inevitable replacement will receive that same pressure. Better start acting right to all people at all times.

Anonymous said...

11:32

You are right. The small legal community here will not be enough to sway an election with 700,000 votes. But the legal community has enough sway to get someone an opponent. This is why judges like Lopez or Blake would never get an opponent. But judges like Rebull, Tunis, Adrien, Miller, Bloch, etc do get an opponent. After all, 95% of sitting judges get no opponents.

Tunis getting an opponent was the result of her years of bull**** on the bench. This, in turn, led to her lack of support from lawyers like me in her time of need. (Yes, her campaign called me for money and I respectfully said "let me get back to you" while in my head, I was saying "no f****** way.") My own vote against her (and me telling everyone I knew to vote against her) was an afterthought.

What I'd really like to see in the future is when multiple candidates gang up on a horrible judge. You see that in Broward all the time.

Anonymous said...

I do not believe your comment 3:35 PM because I do not think Tunis actively raised money. I sent her money and never got a call back or a thank you. I think she did a piss poor job and didn't really campaign because she lost to someone who was trashed in the Herald and lost 2 or 3 prior elections.

Anonymous said...

You were not making fun of a judge. You were making. Fun of a Judicial position, but If this blog was made to make fun of judges, then no wonder Judicial College judges call the writer of this blog a coward!

Anonymous said...

Exactly right. The "legal community" should actively recruit candidates to run against bad judges. We have no one to blame but ourselves.

Anonymous said...

Honorable Gerald T. Wetherington. Intelligent. Humane. Loved the law and how to apply it. Personable. Kind.

Anonymous said...

"We can only nominate folks that apply"

You know what really burns my biscuits? When people misuse "that" to refer to people. It should be "we can only nominate folks who apply."

Anonymous said...

Rebull was worse than Tunis but she was still bad, committed tons of error in trial (where would half these judges be without harmless error to save them), and I for one am glad she's gone.

the trialmaster said...

Make no mistake, Judge Tunis got a vastly unqualified opponent merely because she was selected by the Supreme Court to conduct a bar matter against a hispanic lawyer related to the mico Indian litigation. She recommended he be disbarred and the Supremes agreed. The disbarred lawyer persuaded Apont to run as no one else would. SHe raised 5k from 5 contributors. Had no support and won because of her last name. The JQC will have the last word on her. I predict she will be thrown off the bench because of her ethical violations with a disbarred NY advertising lawyer.

Anonymous said...

Folks, let's not be so shortsighted. Remember Barket v. Ortega-Tauler and Miller v. Espinosa in 2018? Remember who won? Remember Blumstein v. Perez-Medina, Seraphin v. Abreu, Newman v. Martinez, Alcoba v. Luce, and Graham v. Jimenez in 2016? Remember who won? Remember?

Anonymous said...

Al Milian is the biggest surprise. No shortage of scandals as a prosecutor including punching a defense attorney in the face and calling a jury "lobotomized morons" after they returned a NG. Seemed like an absolute loose cannon who would not give defendants or their attorneys the time of day and would use his power to be a classic prosecutor from the bench.

In reality he is polite to everyone (although has quirks in insisting on people speaking in a certain way, he addresses everyone the same way he expects to be addressed), every day he asks not just lawyers but audience members if they have an emergency and need to be called out of turn, he listens to arguments, he rules for the defense when its warranted, he sees injustices in the system and tries to push to correct them, he'll get involved where he can. He has a personality and humanity that is too often lacking. I'd choose to have any case in front of him.

Rumpole said...

420. They call me a coward because they want to file bar complaints against me. Discretion is the better part of valor. And anonymity Rules baby. It rocks and it rolls and they cannot remember.
Plus they cannot match the very high intellectual level of writing. Nah nah nah nah nah nah !

Anonymous said...

I am reading this while nibbling my melba toast and thinking what rebullshit it is. Shumie time!

Anonymous said...

Rudy Ruiz was another surprise. People said he was too young and inexperienced, yet, the first time I appeared in front of him shortly after his appointment to the county bench, I was pleasantly surprised to see he was just like the old experienced judges of yesteryear.

Anonymous said...

I think 'the trialmaster' is right when he says "The JQC will have the last word on her. I predict she will be thrown off the bench because of her ethical violations with a disbarred NY advertising lawyer.". I anticipate that Aponte will be thrown off the bench and suspended or disbarred.

Anonymous said...

9:05
I agree completely on Milian.

I had a horrible rape case before him. His extraordinary patience with me and my client resulted in my client accepting a plea I never believed my client would accept. His patience on the day the state was going to withdraw the offer saved my client from a certain conviction and life sentence. I know of no other Judge who would have handled the matter with such understanding. The judicial temperment he displayed that day was amazing.

Anonymous said...

Best County Court judge I've appeared in front of: Faber. Smart, doesn't favor one side over the other, moves the calendar along quickly, very respectful to the lawyers and the in-custody defendants. Best Circuit Court judge I've appeared in front of: Venzer. Wise and experienced, doesn't put up with bullshit from either side, gives a great trial, treats everyone in the courtroom like family.

Anonymous said...

The Tunis - Aponte race generated a lot of comments and speculation, many devoid of factual reality. There were so many comments about how Tunis was going to swat Aponte like a fly, speculation about why Aponte ran, and even the so called “Trialmaster” offering his “analysis.” To so much unfounded and ill-informed commentaries to which I offer food for though.

Start with the proposition that most lawyers believe they are special and the smartest people in the room. Most lawyers are inept at the game of politics. Elections are not won at the courthouse or a Bar Association meet and greet. Elections are won at the poll, and this requires support of plain ordinary folks, mostly of the blue collar variety.

Lawyers keep company with with lawyers, not the plain ordinary blue collar class. This is in part arrogance, impairing the ability to connect with the common folks, those common folks make a difference in an election. Most lawyers consider blue collar folks dispensable unless they represent money or a fee. These commoners, however, are the troops that win elections.

If you think you can win an election with only the support of lawyers, you are destined to fail.

The Ivory tower dwellers with their Italian suits, Porsches, golf, and delusional ideation of greatness lack the affinity with the common man/women.

Now, with that said, to a few point in the so called “Trialmaster’s” election analysis. He/She has offered comments about how Aponte lost to Rodriguez-Font, but He/She obviously ignored the Nunez - Aponte race in which Aponte pulled over 45% of the vote. He/She lacked knowledge about the movers and shakers who backed Oscar Rodriguez-Font and Nunez and now supported Aponte. (Why, perhaps for another day.)

If the “Trailmaster’s” analysis is correct about why Aponte ran against Tunis, He/She proves my point. If I guess correctly, about whom the “Trialmaster” is referencing, then Tunis was an ignoramus and a fool who got what she deserved. And, assuming whom the “Trialmaster” is referencing, I hear the book is not closed and upcoming chapters are going to prove interesting for Tunis and others.

Suggestion to the wise, when you find a lawyer who could care less about driving exotic cars, Italian suits, playing golf, or attending bar association functions, but has genuine affinity with the blue collar world, you want that man on your side. He/She can be your best asset or your worst nightmare in an election or otherwise.

In closing, just consider the moniker "Trailmaster" which in and of itself signals the arrogance and delusions of grandeur which I mention.


Anonymous said...

4:53pm you’re completely wrong!!!!!! A political consultant, who I will not mention by name and has nothing to do with the disbarred attorney, told Aponte that Tunis would be easily defeated. Regardless, an incumbent, who loses by 50,000 votes, should not sit on the bench. With 20 years on the bench, she had plenty of time for Miami-Dade to know her name and qualifications. The 50,000 votes loss is a referendum on her judicial career and Shows her lack of communication/connection with her community. She needs to take a long vacation and let Aponte do her job, as in a democracy the people’s will must has to be followed. The will of the people is sacrosanct. Tunis has an entitlement problem, and she needs to face the reality that she is not above the will of the people or this community. Give someone else a chance. 22 years, where she only did criminal law, was enough. I hope the JQC/ FL Bar, etc can see through her harassment of a single mother who wants to serve the community!