NFL WEEK 8 2021

 It's a scary weekend for the members of our Survivor Pool, many of whom resemble the walking dead after they picked the Cards last week, who at one point were behind by the World-Series like baseball score of 5-3. 

Dallas at Minnesota. Pokes are good, but Dak is hurting, Minny has a top defense, Dallas does not. We like the Vikes to keep it close and even win this and we love a home dog. Vikings at home +2.5.

Titans at Colts may well be the best game of the day. Not sure who is going to win, but we like the over 48. 

Looking for an upset? How about the Lions getting off the schnied and winning at home for the first time this season over the puzzling Eagles. Detroit +2.5 over Philly. 

President Biden is on the road this week, at the G20, dealing with a tough schedule of repairing relations with France, saving the globe at the Glascow Global Warming Summit, and chatting with the Pope who called him "A good Catholic" and gave him permission to continue taking  communion despite his support for a woman's right to choose. Take the USA +4 on the road. Other than the past few years, we have a tradition of doing well in away games. 

In the Survivor Pool, the crafty Clay Kaeiser, along with China President Xi Jinping, who did not attend the G20,  are both  taking their bye week this week. 

Not Clay Kaeiser; also taking a bye week.

week 7 by HR on Scribd

HALLOWEEN

 It's Halloween weekend, full of fright and dark night. 

What's the scariest thing that ever happened to you in Court? 

An alert reader sent us this: 

We will start: 

We were crossing examining a tragic young man who had flipped in a murder case. He pled to life and was the shooter in a store robbery. Our client was not the shooter, but because this was northern Florida, and we were from Miami, they flipped the shooter against our client and ....were seeking death....when such things were allowed. 

In the beginning of our cross, to set the stage, we started with questioning on the fact that he had pled to first degree murder and there were two possible penalties- life with a 25 year min man (which was the law back then) or death. This was as much to show the jury what would happen to our client if they convicted him, as anything. 

We asked a few simple questions about this, looked down at some notes, and heard a commotion and looked up and the witness was not in the witness chair. 

He had fainted dead away and was on the floor.  The scene was so surreal and we had not seen the witness go down, that it gave us a start when we looked up from our notes. Not the scariest of stories, but a start. 

Post script: Jury hung and we pled to second and 17 which were the guidelines back then. 

We will print your scary stories. 

CRITICAL COURTS

As we end October, what people are talking most about is....climate change? The new spending package? Delta Plus? Nah. It is the proposal by PETA (for whom we have donated time, efforts, and money) that Baseball change the animal-offensive name of "The Bull-pen" to ....(wait for it)....

The ARM BARN! Ta da!

In other news, any guesses as to which of all the court districts in Florida, was first to jump on the no-mask mandate? (Hint, we do not like this circuit). YUP, its Broweird, whose new chief judge eagerly embraced the new rule that people in courts do not have to wear masks. Yes, in Broward, it's June 2021 all over again. 

In Texas, they all up in arms (which means in Texas they are nervously fingering their sidearms) over the issue of Critical Race Theory. Truly, without Googling it, we have no idea what CRT is. And before we go further, speaking of Texas, if you add the sum of the day of the month with the day before, and square it, if the result is a prime number, you can get an abortion in Texas, if it is not a prime number, you cannot. You know what they say about abortion in Texas, it is like the weather in Florida,  if you do not like it, wait an hour, the law will change. 

Getting back to Critical Race Theory, which in 2021, is becoming the new Sharia Law hot button issue, we are imaging the future. Come with us to 2033....

 Facebook National News. Dateline Washington, DC:

A week after her inaugural address, President Tiffany Trump, making good on her campaign promise, announced a deal on funding for the nation's Critical Race Theory Courts, where defendants, who can show they were exposed to CRT in their youth, can be offered a diversion program based on their underprivileged upbringings. The first CRT court will open in Dallas, Texas, at the site of the old Texas School Book Depository, which was destroyed under the orders of President Trump, when it was revealed Ted Cruz's father, using a gun provided by Barrack Obama's father from Africa, shot and killed President Kennedy from the Grassy Noll. 

In other news, Chief Justice Amy  Barrett, writing for a unanimous court, upheld the law 2030 law passed by the Republican dominated Congress banning Twitter. "If you ban President Donald Trump, you get banned, First Amendment or not. And we note, if the First Amendment had the same status of the rest of the Constitution, it would have been in the Constitution, and not some last minute afterthought Amendment."

Some scary thoughts, in line for a scary weekend. 

Happy Halloween. And other than in court in Broward, wear your mask over your nose. 

UPDATED ZOOM LIST AND A BAR COMPLAINT

 Can't tell the players without a scorecard, and can't zoom in if you do not have your favourite judge's zoom address. Don't forget to scroll down and see yesterday's post (there were two!) on Judge Hanzman's support for Zoom. 

Brought to you by the wonderful people at FACDL. 

ZOOM Virtual Courtroom Directory Updated October 2021 by HR on Scribd

 

 Speaking of needing a scorecard, first a lawyer, then a candidate, then a judge, then a lawyer, then a defendant, and now a Bar Respondent. 

The Bar Complaint against Miami's Own Mike Mirabal is lengthy, layered, and disturbing. How could someone with such a history, and who engaged in such mendacity, convince a majority of Miami voters -who naturally made a careful study of both candidates- that he had the "right stuff" to be a judge? 

There are multiple outstanding liens from judgments that were not disclosed on forms filed under oath; misrepresentations to the Bar of lawsuits filed against him; and threats against a sitting judge who filed the complaint. All in all, a troubling basket of ills, and a character so troubled that it might not pass the test for representing the POTUS 45. 

BAR COMPLAINT AGAINST MIRABAL 

2021-1469_petition_78933_complaint by HR on Scribd

HANZMAN ON ZOOM

He was one of the premier civil lawyers, specializing in complex litigation and class action lawsuits. so naturally when he took the circuit bench he immediately went to  Dependency Court, dealing with the toughest family issues involving children. Now in the complex civil litigation division, where he is handling the Miami building collapse case, Judge Michael Hanzman gave an interview to the DBR the other day, where he spoke on the virtues of Zoom. His comments, coming from a successful civil practitioner, are not to be overlooked, but surely will, by the less capable, less tech savvy, and more insecure judges who need lawyers to prostrate themselves before them in court in person.

From The Daily Business Review this week:

"And as far as the coronavirus pandemic, he said the one silver lining has been the state court’s adoption of technology that makes it easier for practicing attorneys. As a result, in the future, the circuit judge said he is not planning to require attorneys to devote several hours to driving downtown, paying $20 to park, and waiting outside of the courtroom for their client’s 10-minute hearing.

“I’m going to continue to have most non-evidentiary hearings, particularly ones that are not complicated and raised relatively straightforward issues, handled remotely,” Hanzman said, “so lawyers can stay at their home or office or wherever they want to be.”

Simply said. Simply correct. 

CATO

 It's that time again. When Rumpole is in trial and has an appeal due and is otherwise occupied, there is nothing that brings a smile to our weary eyes then seeing a Judge Hirsch Constitutional Calendar in our mailbox. Short but sweet,  how can we not like political discourse conducted under pseudonyms? 

In September of 1787, Thomas Greenleaf’s New York Journal carried the first of seven essays by “Cato” (suspected of being Governor George Clinton) urging that the newly-proposed Constitution be rejected by New York. Another series, this one by “Brutus,” followed in the same newspaper in October.

Alexander Hamilton determined to reply. His first essay appeared in the New York Independent Journal on October 27,1787, under the pen name “Publius.”  The reference was to Publius Valerius Publicola, one of the men who overthrew the early Roman monarchy and founded the republic. Publius was remembered for his humility – he moved his house from a hilltop to the valley – and became known as the People’s Friend. 

Hamilton’s essay was, of course, the first of what would come to be known as The Federalist Papers. 

PLUS

 Just when you thought it was safe to go back into the Courtroom (cue Jaws music) comes...

The Delta Variant PLUS!

Yes, the CDC has identified an even more contagious Delta Variant which is spreading in the UK. "What does this mean?" you may be asking. We will tell you. 

Regular old cuddly Covid19 had an R value of 3, meaning that for every person that became infected, they infected three other people, unless they worked in the White House under the prior administration, when their R value was double, because they didn't believe in masks, or Covid19 for that matter. 

The Delta Varian has an R value of 9, which is not good and means someone with the Delta variant has 1000 more times of the virus than someone infected with regular Covid. What we know about the DeltaPlus is that it is more virulent than Delta, and binds even more strongly to lung cell receptors, which could well reduce the ability of the Covid monoclonal antibody treatment.

You can read more about DeltaPlus at  fake news CNBC here. 

Enjoy your Monday and wear a mask and cover your damn nose when you wear a mask please. 

NFL WEEK 7 2021

 Good Sunday to you. We know when you woke up and said to yourselves "What is Rumpole going to write about on the blog? Wait, it's October 24, and that means Rumpole will ...."

Talk about the Battle of Leyte Gulf of course! See below. But first, our NFL picks, and a slight bemoaning our fate of having two running backs on a bye week and our other two running backs out with injury in our world famous Fantasy Football league. Woe is us. 

The Chiefs are at Tennessee and here's what you need to know. KC ranks 28th in rushing defense, and Tennessee has The Beast (Derrick Henry) at RB. Nuff said. Tennessee home dog +4.5. 

We like Da Bears getting 13.5 on the road against Tom Brady. Chicago has a good D and will keep it close, like they did last week. The Bradys also did not cover last week, so this is shaping up as a nice pick. 

We like our Fins at home to bounce back. Giving less than the normal 3 for being at home, Fins -2.5 over the Falcons. Miami is not as bad as they seem. 

Survivor Pool coming soon- most players have picked the Cardinals. 

week 7 by HR on Scribd

>The Battle of Leyte Gulf

By October 1944, the tide had turned against the Imperial Japanese Navy (IJN). For the first time, Japan was entering a naval engagement with less aircraft carriers and battleships than the US Navy. The engagement was also the first time Japan employed kamikaze air attacks. 

The naval battle was part of General MacArthur's plan and promise to return to liberate the Philippines.  There were two US fleets involved in the invasion- the US Seventh fleet commanded by Admiral Kincaid, who was under MacArthur as the Supreme Allied Commander of the Pacific, and the US Third Fleet, commanded by admiral Halsey, who was under Admiral Nimitz who was the Commander in Chief of US Naval forces of the Pacific. See the problem? No unified command structure. The Japanese recognized this, and acted to exploit the issue. 

The American plans were clear to the Japanese. Halsey attacked Formosa in early October to establish a land base for US planes to support MacArthur's  landings at Leyte, The Japanese engaged Halsey's third fleet, and in what Halsey called a "knockdown drag-out fight",  the Japanese were routed, losing 600 aircraft in three days. Facing this defeat, the Japanese turned to their second plan "Sho-Go-1" in which their Northern Force commanded by Admiral Jisaburo Ozawa lured Halsey's Task Forces 38 & 34  away from Leyte, using Japanese carriers (that had few planes) as bait. The Japanese knew Halsey to be a hard-charging Admiral, easily irritated and ready to engage the enemy- his nickname was "Bull".  So they tricked him, using carriers that had no airplanes, and lured him away from Leyte, while the Japanese Southern Force, commanded by admirals Shoji Nishimura and Takeo Kurita would attack the landing forces which were no longer under the cover of Halsey's carriers. The Japanese Center Force, the most powerful of the Japanese Naval forces, would then sail through the San Bernardino Strait (which Halsey was supposed to protect) and also attack the US landing forces at Leyte. 

The Battle of Leyte Gulf may well have been the largest naval engagement of WWII as well as perhaps the largest naval engagement in history. Well over 200,000 sailors and airmen took part in the four separate battles - The Battle of the Sibuyan Sea (where the IJN sank the US carrier Princeton- the last US carrier lost in WWII); the Battle of Surigao Strait, The Battle of Cape Engano, and the Battle  of Samar. We could write a book of several hundred pages detailing all the strategic maneuvering of both naval forces in all four battles. But the most famous moment of the battle came when Admiral Kincaid, who engaged the strong Japanese Southern Force in the Battle of the Suriago Strait, sent Halsey an unencrypted message that his battleships were low on ammo and the situation was critical. Halsey, off chasing the IJN ghost fleet to the north, had been receiving Kincaid's messages out of order and late, He recounted in his memoirs that when he received that message, he was shocked, not understanding the full nature of Kincaid's troubles. 

Meanwhile, Admiral Nimitz, who had been monitoring the battle and the messages in Pearl Harbor, had a clearer picture of what was happening. He then sent perhaps the most famous naval message of all time to Admiral Halsey: 

"TURKEY TROTS TO WATER CG FROM CINCPAC ACTION COM THIRD FLEET INFO COMINICH CTF SEVENTY-SEVEN X WHERE IS RPT WHERE IS TASK FORCE THIRTY FOUR RR THE WORLD WONDERS."

Having received this message, Halsey broke into "a sobbing rage" and turned his Task Force around, but too late to influence the battle. While the Japanese had succeeded in luring Halsey out of the action, and while their naval forces had inflicted serious damage to Kincaid's Seventh Fleet, it was not enough to stop the invasion. 

The Japanese were not the only ones to set a successful trap. The most successful part of the battle for the US Navy was the Battle of Surigao Strait, in which Seventh Fleet Admiral Oldendorf, commanding a task force of rebuilt and repaired battleships damaged at Pearl Harbor, engaged in the last battleship vs battleship battle in the Pacific. Oldendorf figured out the IJN plan of the Southern Fleet, and he was able to lure them into his own trap in which his battleships "crossed the T" of the IJN fleet*, and in the process sunk six of the seven battleships of the IJN.  

The Battle of Leyte Gulf is fascinating to war historians like Rumpole, because like Poker, it was a contest involving incomplete information. Each side had some insight into what the other was doing, but not enough, and each side made strategic decisions, some of which worked, and some of which did not. 

A word on the infamous "the world wonders" message that sent Halsey into a rage. The first and last three words of the message, including "the world wonders" were meant to be padding, nonsensical words designed to confuse the enemy. Halsey's staff correctly deleted the first section of padding, but mistakenly handed him the message with the last three words of padding included. October 25 happened to be the 90th anniversary of the Battle of Balaclava and the Charge of the Light Brigade, immortalized in Tennyson's poem. The phrase "the world wonders" may have been a take-off on the words in Tennyson's poem: "Flashed all their sabers bare, flashed as they turned in air, Sabring the gunners there, Charging an army, while the world wondered." 

*Crossing a T is a naval tactic in which one side tries to get in front of the other side's ships that are lined up. By being the top part of the T, a naval force can bring all of the side guns of all its ships to bear on an opposing force, while the force of the bottom part of the T can only use its smaller front guns. 

STRATEGY

 This week we saw Nicholas Cruz, the infamous school shooter who killed seventeen people- children and teachers, and shot an additional seventeen people, at the school in Parkland, Broward County, plead guilty, which placed the case into the penalty phase in the Florida "dance with death" scheme for the death penalty. 

Was the move a good one? None other than Roy Black (cue Star Wars storm trooper music, which is surely what prosecutors hear when Mr. Black strides into a courtroom for trial)  opined in the DBR that the move was wrong. Rumpole of the Bailey famously said "never ever ever plead guilty." Mr. Black agrees.  (Perhaps he has something to do with this blog? Nah. Highly unlikely). 

Other commentators including the REGJB's own Phil Reizenstein  have praised the move in the media, saying the the defense had no path to an acquittal and the plea allows the defense to argue at the sentencing phase that the defendant has remorse, and has accepted responsibility and pled to crimes mandating a life prison sentence. In the same Ovalle/Herald article Gail Levine, late of major crimes at the Dade SAO disagreed, opining that the delay between the two phases of the trial would allow the horrors of the crimes to recede somewhat in the jurors' minds. Levine also said the strategy would not work unless Cruz decided to testify, which of course would open himself up to what would surely be one of the most devastating cross examinations in modern legal history. 

Clearly some very experienced lawyers see the Cruz strategy differently. 

So what say you? 

As a general principle we agree with Mr. Black. Not only should a defendant never plead guilty to what is potentially the maximum sentence, we also never approve of the strategy of admitting certain charges during the trial, while contesting others. The thought behind this strategy is that by admitting some charges, the defense "buys credibility" with the jury. Balderdash. It rarely if ever works. 

But the Cruz case is almost unique in its horror, devastation, and loss of life.  And the prospect of the 17 survivors who are listed as victims of attempted first degree murder, testifying about the horrors they experienced of being shot and seeing their friends and teachers murdered, may well be more devastating testimony than the testimony about the victims who died. 

The Cruz defense is in one of the worst positions we have ever seen a case. And their client did himself no favors with his disjointed statement to the families during his plea, during which he said he was pleading guilty for them. 

And on a separate issue, jury selection is set to begin January 4, 2022. Over/under on how long it takes to seat a jury? We say 70 days, and it goes over. 

PHONES ARE BACK

 Someone paid the phone bill and the phones are now working at the REGJB. Which means you can, thankfully now do this again...

JA: Good morning, please hold.

Lawyer: Hello....umm

[music playing]

JA: Hello how can I....[click]

(lawyer redials)

JA: Good morning, please hold.

Lawyer.. wait...

(music playing)

JA: How can I help you?

Lawyer: I need to put a case on calendar. 

JA: Give me the case number please.

(Lawyer gives case number) 

JA: I'm sorry that's judge (so and so's) case. She's on vacation. We are answering her phones. Can you call back in two weeks?

Yes, we are all thrilled the phones are back in working order. 

ALL WE ARE SAYING ....

 Is to give PDs a chance. To become judges. Fake News MSNBC reports  that President Biden has appointed a significant number of district and appellate court judges who have experience as public defenders. The same cannot be said by the science denying, vaccine avoiding, mask-mocking Governor of the Sunshine State.  You can be appointed a Judge in Florida as a former or current public defender if -one of the following must apply-

[ ] You can walk on water;

[ ] You can feed the masses with a loaf of bread; 

[ ] You can show that you were forced at gunpoint by Antifa to be an Assistant Public Defender;  and/or

[ ]   you are the author of the book "The dirty secrets of being a Public Defender and Covid Vaccine Supporter". 

Otherwise, as a throw back to the signs often seen in 1950's in Miami Beach: "No Blacks, Jews, or APDs need apply."

In the 1970s and 80s we used to opine that former prosecutors made the best judges. But that was before the current crop of under 35, no legal scholarship, no life experience, no deep thinking about the law, former prosecutors who are now judges,  whose chief claim to being qualified- besides standing in court for years and saying "the victim wants the max", is their membership in the Federalist Society, although we doubt any of them have the ability to distinguish between Federalist 10 and, say Federalist 84. (See below, if you're interested). The late Judge Michael Salmon surely would have been able to opine for hours on the differences. But then, he was a legal scholar. 

Now we have a gaggle of zoom hating, exclusionary rule denying, right wing judges who follow precedent only to the extent it advances their career and solidifies their street cred as conservatives: 

Judge:     "But why should Miranda apply when a defendant voluntarily confesses, counsel?"

 Lawyer: "Well, the police broke my client's nose before he confessed."

Judge: "Well, he didn't file an internal affairs complaint or call 911 when he was beaten, so I don't find that argument credible."

Lawyer: "Well, the next time you're beaten senseless and then kept in isolation for a month with no access to phone, I suppose you'll contact 911 via carrier pigeon." 

Here's the current list of applicants to County Court. 

11th JNC PRESS RELEASE Announcing Interviewee Dates and Times for Judge Diana Vizcaino Vacancy (4812-5869-0... by HR on Scribd

In Federalist 84 (there are a total of 85 Federalist Papers) Alexander Hamilton, he of future  Broadway fame, argued against the need for a Bill of Rights, confident that future judges would find via judicial review (see Hamilton's Federalist 78) the rights not explicitly enumerated in the Constitution. Despite the holding of Griswold v. Connecticut  (where the court found a right of privacy in the " penumbra" of the Bill of Rights), boy was he ever  wrong. 

In Federalist 10, often called the most important Federal Paper, Madison makes the case for preventing the will of the majority overcoming the rights of the minority. 

The smaller the society, the fewer probably will be the distinct parties and interests composing it,…the more easily will they concert and execute their plans of oppression…Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will…invade the rights of other citizens.” — 

James Madison, Federalist No. 10

Judge: who wrote the federalist paper on calling balls and strikes? That's the one I want to read. 

Rumpole: Abner Doubleday. 

CALL YOUR FAVOURITE JUDGE? PHONES ARE DOWN

 The phones at the REGJB, and possibly other courthouses are DOWN...

"We are sorry, you have reached a number that has been disconnected or is no longer in service. If you feel you have reached this recording in error, please check the number and dial again."

That is the exact recording you will get when you try and call your favourite judge at the REGJB. 

So here is our big question: 

WHO FORGOT TO PAY THE PHONE BILL? 

We can just imagine the story in El Herald: "A call to the administrative judge was not returned because we could not get through to their chambers."

PARDON THE INTERRUPTION

 There was white smoke* coming from the Wilkie Ferguson courthouse on Monday, signifying that the conclave of federal judges for the SDFL had, finally, selected a new Magistrate Judge. As the SDFL Blog reported going into the weekend, there was apparently a split among our collegial federal judges,  with the possible log jam being 5-5-5! 

On Monday after the white smoke was seen, Mr. Markus reported that YOUR new federal magistrate is Ryon McCabe, who will sit in West Palm Beach at the old, decaying courthouse that has a strong resemblance  to 1970's  Soviet-boxy style-soul-sucking  architecture. It is a courthouse where you cannot even get  decent cup of coffee (but there are plenty of cafes if you perambulate down the street a bit). 

PARDON THE INTERRUPTION

A 2017 study of the Supreme Court found that female Justices were the most frequently interrupted, by both male attorneys and their colleagues.  A 2016 study of that year's oral argument found that the top two justices that were interrupted were Sotomayor (57 times) followed by Kagan (50 times). Justice Thomas was not interrupted because, well, he didn't speak in court that term.

So is gender to blame for "justice interruptus" ? Or are Justices/judges who speak the most interrupted the most? It is hard for us to form an opinion because rather than interrupt a judge, we tend to ignore them. 

So we ask our female judges and lawyers: do you believe you are interrupted in court more often because of your gender? 

At the Supreme Court there are new rules for OA. After the lawyer's time for argument has expired the Justices, in order of seniority, are given the opportunity to ask questions. If nothing else, the new procedure has made Justice Thomas a virtual chatterbox, as he now is much more engaged at OA, for whatever that is worth. 

* For those readers and judges not steeped in the minutiae of how the Catholic Church's college of cardinals selects a new pope, they meet in a conclave in the Vatican and smoke is created after each vote. Black smoke signifies that a new pope has not been selected. When a new pope is chosen, white smoke is generated through the burning of straw and a fancy chemical cartridge. After each vote the paper ballots are also burned.  We have advocated this process for jury deliberations for decades, to no avail. 

NFL WEEK SIX 2021

 Fifteen Fourteen faithful and intrepid survivor players head into a week six that offers very few home favourites. 

The pickings are once again tricky, with most of the favourites on the road. 

The NFL's only undefeated team, the Cardinals, are getting 2.5 on the road at the mistake by the lake (Cleveland). It may be time for the birds to lose, but we don't think today is the day. Cards +2.5.

Pokes are -4 in New England where the leaves are turning and the evil genius lies, holed up in his lair, plotting doom against western civilization and the NFL. Take the Cowboys -4. In to each cheating coach's life some Dak Prescott must fall. 

Now here is a home dog we like- DA BEARS, with their rookie QB getting better each week, over the visiting Packers who are on a four game win streak. Enough is enough. The Pack returns to the mean and loses one they should win. 

KC -.65 bounces back in DC against the nameless football team who has troubles with a capital T and T rhymes with P and P stands for "putrid racist Muther'fers". 

Speaking of dysfunctional teams, take the Broncos at home -3.5 over the Raiders. The line is too small. 

The Steelers aren't good, and they are especially not good at home. But they have enough to beat the Seahawks at home -4.5 over a Seattle team without their QB. 

SURVIVOR POOL - De La Over went out  on a limb and picked the Fins in London and became the first to lose on week six as the Jags beat the Fins on a 50+ FG with no time remaining 23-20. The Fins fall to 1-5 and are now in the throes of another tough season that started with so much promise. . As we write this the game is tied in the 4th Q

week 6 by HR on Scribd

INTERVIEW WITH A VAMPIRE

 They traverse the byways of Courthouses using restricted elevators (No Attorneys Allowed) and have a penchant for black, and feel insecure enough to have to sit elevated above everyone else (Except for the late, great Judge Jack Weinstein of the EDNY). 

The "They" we reference, are judges, and every now and then one decides to take a walk on the wild side and approach Rumpole for an interview. We decline most invitations, but accepted this one. The rules were simple- we would not edit or shorten answers, but we might decline to post an entire question and answer due to space. The final product would be approved by the Judge meaning the only negotiation was the inclusion or exclusion of a full question and answer. In this case, there were no disputes.  The Judge in question is currently a circuit court judge, but to protect their identity they refused to answer whether they had ever been a county court judge. 

R:How Long have you been a Judge?
J: More than a year, less than forever. I cannot give an exact date, which would allow my colleagues to narrow down my identity. 

R:Where have you served? 
J: Criminal, Civil, Family.   The list may or may not be inclusive for obvious reasons, and that also means I may just have substituted in one of those places for a shorter time than a full rotation. But I have enough experience in them to write about them. 

R:What  assignment did you like the best?
J: Like is not the right word. Where did I feel I had the most impact is a better question. Family.  I could hear motions and rule almost immediately on issues that directly affected real people. 

R: So I am assuming civil was not your cup of tea?
J: Not necessarily. The put-off in civil is the conveyor belt of cases all being handled the same way by the same group of attorneys. The same discovery requests. The same objections. The same rulings by the court. The same law firms suing and defending insurance companies. The built in costs of civil litigation to our society is staggering and concerning. BUT, and this is big, in a small percentage of cases the person being sued owns a small business or doesn't have insurance and the case takes on a potentially life altering outcome for them. I would look for those cases and do my best to move them along as efficiently as I could. The best I could do to help would be to bring finality sooner rather than later. I did the same for those cases where plaintiffs suffered catastrophic injuries or a loved one died. The plaintiffs, one way or another, needed an outcome to bring finality to their tragedy. The big dirty secret, which isn't a secret in civil court,  is how under staffed the system is. If you get sued today [Rumpole notes this exchange occurred in September] and your lawyer files a motion to dismiss, most judges do not have space on their calendar until January. And in this regard the legal system is failing our citizens. We need at least a half a dozen new spots in civil. Maybe more.  

R: Enough about civil. The best and worst of criminal court. 
J: The worst is easy- sentencing. It represents a failure in a human life. And it usually represents a failure in the person's family. A twenty year old who is going to prison for ten years represents a failure or breakdown of the family unit, the school system, and the absence of a support system to help them make better decisions. No child decides they want to be a thief or a drug dealer when they are growing up. I also see desperation in some people. Committing economic crimes because they do not see another way out- although my colleagues on the federal bench see that more than I do. 

Another part of the job is the mind-numbing number of violent crimes. They do not make the Herald, but there is a conveyor belt of murders and people being seriously wounded and I wonder about a society that produces such violence. I have met judges from around the world, and some countries- the Scandinavian countries come to mind-  just do not have the level of violence we have in the US. England and France do, but not nearly so much gun violence. 

The best part is two fold- when I see the system work and someone benefits from the chance PTI or probation offers. Or when I see (and this is very rare) someone exonerated. I also remember many of the victims that received closure from a case, but those memories are tempered because what brought them to the system was being victimized in the first place. But at least the system provided them justice and closure. 

I forgo to mention that the other worst part is working through the mountain of post conviction relief motions we get flooded with. I have to read the trial or plea transcript, get a response from the prosecutor and then write a detailed order usually denying the motion. What I worry about is the pro se handwritten motion that really has merit. Like, and not to get overly dramatic here, but what Clarence Gideon wrote to the Supreme Court from a Florida jail. Our system is not perfect, and some people do not belong in prison and I do not want to miss that handwritten motion that has merit. It keeps me up at night sometimes. 

I will not comment on death penalty cases because I just do not think I should. Sorry. 

R: Comment on the lawyering. 
J: Rocky waters here. First, the PDs are good to great lawyers. I always cringe when I hear a defendant say they want to hire a real lawyer, and then it gets worse when I see them show up with a lawyer who I know hasn't tried a case in over a decade. I think Miami has a great population of criminal defense attorneys who were trained as PDs or ASAs. But that is unfortunately the minority of the defense bar. There is an economics I am aware of that requires many good defense lawyers to run a "sign em and plea em" practice because that is the economics of the industry. It bothers me the same way the problems in civil court bother me. 

The prosecutors I see also run the gamut from good to great. For the most part the career prosecutors are people truly dedicated to their profession and standing up for victims and many of them are greatly skilled as trial lawyers. The problem with the SAO is simple and well known- it has become a large bureaucracy and the morale at the bottom is often quite low. I have been around long enough to remember when nearly every decision a prosecutor was asked to make was not met with "I have to obtain permission from a supervisor." That is no longer the case.  When I see a young ASA being forced to try a strong armed robbery that is really just a misdemeanor theft because a supervisor has refused to approve a reasonable plea because on some paper in their file someone wrote "vic wants max" I get very disillusioned with the system.  But the people in the system are dedicated and that gives me hope. In re-reading what I wrote let me explain that SAO supervisors will come to court. But since I have very limited options to get involved in plea negotiations without running afoul of case law, my frustrations must remain private. I work very hard to not reveal my views of the strength or weakness of a case. However I get my say at the JOA stage, as well as at sentencing and in ruling on motions. And if I do it right I can avoid a miscarriage of justice occurring. 

R: And lastly, comment on your colleagues. 
J. Ha! I knew you would ask that. I am not going to comment on personalities. Like lawyers, some judges are great, most are good to very good, and some are not so good. And for the most part we all know who the superstars are and who the laggards are. What you do not see and might not know is the number of times judges consult with each other on issues to make sure they are getting it right. There is a strong desire on the part of most of my colleagues to GET IT RIGHT and that is a good thing.  A few judges have what I would say are "concerning" or "difficult" views of what they do, and that worries me. Most, and I really mean this, most of my colleagues only have the agenda of trying to do a good job and getting it right. And that encourages me. 

R: Who reads our blog?
J: Every judge and not one judge. So that means a lot of us read it, less of us acknowledge that we read it, but we do. And btw that includes judges from around the state. I've gotten emails from Judges in Tallahassee or Jacksonville about something you have written that has made them laugh (usually this is the case) or has really gotten under their skin and they want to know how they should respond and if they should respond. But you know that, because you have their emails, because  I have been on some of those and I can tell your readers that there have been long and thoughtful email exchanges on significant legal issues and you never ever go back on your word to keep those private and this is to your credit. 

R: You get the last word.
J: This is the best job I could ever have. I should stop here. On my best days, on the best days, I am applying my skill and experience to difficult cases/issues and the matters are being fairly resolved and justice is done and when that happens I feel great because I played a part in that process. And that happens more than you acknowledge on your blog.  You like to make fun of judges and by now its just an eye-rolling process for us that read the blog. Rumpole making fun of our black robes again, being cheap, etc. But, in reading between the lines, I think you acknowledge the important role we play and that the very very vast majority of judges sought the position for the right reasons. That may not have always been the case, but it is the case now. These years on the bench have been the best of my professional life and I am profoundly grateful for the opportunity to use whatever skills I have to help people. Now go ahead and mock me. 

R: Nope. You said it all and you said it very well. Thank you for doing this. I took my cheap shot with the title of the post. 

A BROWARD PLEA?

UPDATE: Nikolas Cruz pled guilty to seventeen counts of first degree murder in the Parkland school shooting case. The case will now proceed to the penalty phase. 

Rumpole says: Never plead guilty. As our old bookie client Pollo Pete used to say "Never admit to nuttin". But every rule has an exception (except our rule that we no longer accept cases in Broward). From the defense standpoint, they wanted to proceed to a penalty phase without a jury having received all the evidence in the guilt phase. Short circuiting the trial appeared their best attempt at that. 

The Broward SAO (no legal geniuses they) will not be deterred and will just put all their guilt evidence on during the penalty phase.

The final analysis: the defense gains a slight edge in proceeding to a penalty phase being able to argue to the jury about having spared the shooting victims and parents a trial. It's a slight gain, but in cases like these, sometimes that's all you can get. 

Item: Anders Brievik shot and killed 69 people at a youth camp in Norway in 2011. Previously he killed 8 people with a car bomb. With conflicting psychiatric opinions about schizophrenia, he  was sentenced to a "commitment" which in Norway meant a minimum of 10 years, with a review at 21 years. His sentence can be indefinite. But Norway allows for the understanding of psychiatric illness and treatment and the possibility (ala John Hinkley which we examined in a prior post) of release. Cruz has no possibility of release other than a certain former President being elected Governor of Florida and commuting his sentence based on conspiracy theories the tragic shooting never occurred. 

 The defense world is buzzing over whether the defendant in the infamous and tragic Broward school shooting is going to plead open to the court today.

The defense strategy from day one was to offer a plea in exchange for a waiver of the death penalty. "No deal" said the Prince Of Darkness (former SA Mike Satz) who somehow remains on the case although he retired. 

The hearing is at 10-10:30 ish in Broweird. We will be monitoring it from our Peloton Bike. 

Topic for the weekend- your favoourite Peloton instructors. Hannah Frankson is ours. Jenn Sherman is second. Some guy named Rad is our favourite for strength classes. 

We Happy Few, We Band of Brothers

 Yesterday's post speculated on why the Judges in Miami are talking. We neglected to remember that Thursday is St. Crispin's day celebrating King Henry V victory at the battle of Agincourt. That is most likely what our judges were chatting about. 

In Azincourt, in the North of France, the armies of England (Henry V) and France (Charles VI) faced off. France had the numerically superior force (the surviving lines of the day had France -6) but their King Charles VI was on injured reserve (he was psychotic) and France was led by Constable Charles d' Albret. The battle took place during the 100 Years War (and Biden thought Afghanistan was too long!) and featured the widespread use of English Longbow shooters. 

There is a lot of history associated with the battle and the war. We do not have enough room here, but suffice to say King Henry V invaded France with a claim to the throne, but in reality to settle a score and have the French recognize certain English claims set out in the Treaty of Bretigny (which is probably what our judges were chatting about yesterday). Henry V wanted land and 1.6 million Crowns (an early cryptocurrency of sorts). The French, and this is before the #metoo movement, offered King Charles' VI daughter Catherine's hand in marriage to King Henry V and 600,000 Crowns. Henry said "no dice" and took his army to France, landing on August 13, 1415.  

As September ended, the "battle season" was also ending, but Henry V surprised the French by not wintering at the English stronghold at Calais, and crossing the Somme and heading north. By the night of October 24 the English army had marched over 250 miles in 20 days. They were hungry, sick, and facing a superior French Army. 

Thus on the night of October 24, 1415, King Henry V gathered his troops, and as told by Shakespeare, gave this speech: 

If we are mark’d to die, we are enow
To do our country loss; and if to live,
The fewer men, the greater share of honour.

...

That he which hath no stomach to this fight,
Let him depart; his passport shall be made

And crowns for convoy put into his purse:

We would not die in that man’s company

That fears his fellowship to die with us.
This day is called the feast of Crispian:
He that outlives this day, and comes safe home,
Will stand a tip-toe when the day is named,
And rouse him at the name of Crispian.
He that shall live this day, and see old age,
Will yearly on the vigil feast his neighbours,
And say ‘To-morrow is Saint Crispian:’
Then will he strip his sleeve and show his scars.
And say ‘These wounds I had on Crispin’s day.’
Old men forget: yet all shall be forgot,
But he’ll remember with advantages
What feats he did that day: then shall our names.

...

This story shall the good man teach his son;
And Crispin Crispian shall ne’er go by,
From this day to the ending of the world,
But we in it shall be remember’d;
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne’er so vile,
This day shall gentle his condition:
And gentlemen in England now a-bed
Shall think themselves accursed they were not here,
And hold their manhoods cheap whiles any speaks
That fought with us upon Saint Crispin’s day.

And so Henry V led his band of brothers and defeated the English and forever more we remember him and his band of brothers on this day. Those Happy Few. 

JUDGES (mumble mumble bzzz bzzz ) ARE TALKING

 You talkin to me? You talkin to me? 

The missive went out at the speed of light earlier Wednesday to the denizens of the REGJB. "Judges are talking." 

OH MY GOD! Judges....In Miami...Talking...to each other??? 

Dateline Miami: 

The nation paused and held its collective breath Wednesday morning when it was revealed that Judges in Miami-Dade County were talking to each other. Legal experts weighed in on all the cable stations "Unprecedented" (Fox); "Troubling. Uncharted waters"  (CNN); "Trump's still an idiot" (MSNBC, but that's pretty much all they say anyway").  The situation is unresolved, as it is being reported that some of the judges are STILL speaking with each other. The White House said it was monitoring the situation closely. 

What, you are asking, are our judges talking about? 

The slovenly appearance of defense attorneys on Zoom.  Apparently tank-tops and flip flops are not out of the question, but mostly its the absence of the ascot, the cravat, the lowly tie. 

In a previous post we recommended preparing for zoom like any other court hearing. Be early. Shoes shinned. Suit and tie. Ready to go.  It is just the right thing to do. Failure to prepare is preparing to fail, we like to say. 

But judges are talking. And given their primitive communication skills ("NO.  No. Sit down. I said no. Overruled. Denied". Etc.) this is never a good thing. So put on the f"ing tie, will ya? We have no desire to be dragged down to the REGJB to wait in a Delta-infected line of lawyers just to say..."Ready". 

You talkin to me? 

 

FORMER JUDGE ARRESTED

UPDATE: MIAMI FIRES CITY OF MIAMI POLICE DEPARTMENT CHIEF SIX MONTHS AFTER HIRING HIM AND CALLING HIM "THE MICHAEL JORDAN OF POLICE CHIEFS "

  We broke the story yesterday, on Twitter (@justicebuilding) to ace Herald Scribe @Davidovalle305 who wrote the story and graciously gave us credit for our scoop. 

The sordid details of a Miami condo/neighbor hating neighbor contretemps that naturally ended with a gun being pulled (this is Miami after all) are listed on the blog post yesterday.

"Hey, I left my phone in my cousin's apartment. Can you let me back in?"

MM:  (pulls out firearm) "Go ahead punk, I know what you're thinking. Did I fire five shots or six. So, are you feeling lucky? Go ahead, try and get back into the condo and make my day.  

The question we have today is ...who had a worse Monday? The former judge who was arrested, or former Las Vegas head coach Jon Gruden who was fired after a trove of racist, sexist and homophobic emails that would not be tolerated anywhere except in POTUS 45's White House, were released. 

Before the NY Times published the story about the numerous offensive emails, we were pondering what should be the response to the one racist email where Gruden referred to the head of the NFL player's union, who is an African American man, with a very offensive racist trope. 

Are things that bad? Can someone not like a man, and say why he doesn't like him without making reference to hundred year old offensive racial stereotypes? Are we that blind to racism that we never see things like this, and are shocked when they are revealed? Meanwhile the comments from many African American men were that they were not surprised to see a man referred to that way. And yet  we were shocked. 

It is troubling to think about how much we are missing. 

Speaking of racist tropes, City of Miami Police Chief Art Acevedo, who was hired as the Michael Jordan or Tiger Woods of Police Chiefs, WAS FIRED ON TUESDAY MORNING is about to be suspended and fired because of a rant he made about the City of Miami Police Department being run by the "Cuban Mafia." 

There's a Cuban Mafia? Are they bigger that US Steel (GFII reference). What's Spanish for Cosa Nostra? 

We are soooo out of the loop. 

Here are the lessons from this weekend.  Treat everyone as you would want to be treated, including a person who has been locked out of a condo without his phone and needs to get back in for a moment. And our advice to the former judge? Simple......

Leave the gun, take the pastelitos. 

TOP 100 SONGS

BREAKING Former Judge Mike Mirabal, who resigned in disgrace facing a massive Bar/JQC  complaint, was arrested last  night for aggravated assault with a firearm involving s dispute with a tenant. F21-017688. This is a breaking story. 

UPDATE2: Based on our tip, ace Herald scribe David Ovalle went to work. Here is his article.

In keeping with the overall theme of this post, Mirabal, when contacted for comment referred everyone to what he said was his favorite all time song: Billy Joel's I Am An Innocent Man. (Not really, but still...)

From the article: 

This is what happened, according to an arrest report: Mirabal was unloading groceries Sunday evening, with his dog, in the parking garage of his building on Orduna Drive. A man — the cousin of a resident in the complex — was on the other side of the garage gate, asking if he could be let in.

The man had left his phone upstairs in his cousin’s apartment. Mirabal refused because the man wasn’t a resident, and the two got into a heated argument, the report said. The man began yelling for his cousin to come downstairs and get him. The neighbor came down and let his cousin inside the parking garage, and they again encountered Mirabal. Mirabal’s neighbor told police he went to talk to Mirabal, who “pulled out a black gun with his right hand, points it at him and with his left hand pulls the slide of the weapon back twice. The victim says he steps back and begins calling police going back to his apartment,” according to the report. Mirabal, however, claimed the neighbor’s cousin had been threatening “he would fight him,” forcing him to pull out his gun, which he only held it behind his back. “He says he advised the witness that he is armed, and the witness stepped back and leaves,” the report said. Coral Gables police arrested Mirabal after saying 911 calls contradicted his version of what happened. After being booked in jail, he posted bond and was released.

TOP 100 SONGS 

Sometimes the so called experts get it wrong. That's where Rumpole steps in. Jack of all trades, and master of many, we have superior insight not just on cross examination techniques, but cosmology, where to eat, and in today's case, the top songs of all time, and we have a heavy bent towards rock and soul. 

Rolling Stone Magazine listed the top 100, and beyond the shocking insult of not listing the very best rock song of all time in the top 10, they pretty much got it wrong. We will not do all 100- our top 20 is enough to prove our point, and we will include Rolling Stone's choices in those slots so you can compare. 

Feel free to weigh in.  We have a feeling this will generate some discussion. 

RUMPOLE                                        ROLLING STONE 

20 Johnny B Goode                          20 Dancing On My Own 
(The first rock n roll hit)

19 My Girl                                      19 Imagine  (Genius- needs to be higher)

18 Purple Rain                                 18 Purple Rain (We can live with this)

17 Tiny Dancer                                17 Bohemian Rhapsody (Ground breaking. In our top 40                                                               but not top 20)

16 Good Vibrations                         16 Crazy In Love (not for us ) 

15 Blowin In The Wind                   15 I Want to Hold Your Hand (Beatles yes. This song.                                                                     No)

14 One (U2)                                   14 Waterloo Sunset (doesn't make our top 50)

13 I can't get no Satisfaction          13 Gimme Shelter (there are better Stones Songs)           (a better song) 

12 Like a Heatwave                       12 Superstition (A hard song to rank)

11 Like a Rollin Stone                    11 God Only Knows (Pure Genius. We rank it higher)

10 Imagine                                      10 Hey Ya. (Never heard it).

9  Thunder Road                               9 Dreams (A top 10? You must be dreaming!)           (The most poetic rock n roll song ever written:                                                                        "You can hide neath your covers and study your pain.                                                         Make crosses from your lovers, throw roses in the rain.                                                       Wait your summer prayin in vain for a savior to rise from these streets")

8  Stairway to Heaven                      8 Get ur Freak On. (Get outta here). 

7 Baby I Need Your Lovin               7 Strawberry Fields (This is tough to rank)

6  Get Up Stand Up                           6 What's Going On. (Brilliant Song We have it higher)

5 Let it Be                                          5 Smells Like Teen Spirit (Smells like an awful choice)

4  What's Going On                          4 Like a Rolling Stone (Can't argue with Dylan in the                                                                 top 5)

3  Be My Baby                                 3 A Change is Gonna Come (Too high. Sorry).

2  God Only Knows                          2 Fight the Power (Fight the ranking. Too high)

                                                            1. Respect (This choice gets no respect).

God Only Knows is the pure genius of Brian Wilson and the Beach Boys. It's real hard, but it slightly beats out Be My Baby. 

THE GREATEST ROCK N ROLL SONG OF ALL TIME

There is no comparison. It's Bruce Springsteen's four and a half minutes of pure magic and genius about love and escape  on the New Jersey Turnpike. Four and a half minutes took over four months to record. The Big Man Clarence Clemons' sax solo, the hammering beat of Boom Carter on the drums,  and then a keyboard ramp-up that precedes the greatest pause and then release of rock ecstasy known to music...  "1....2.....3......Highways jammed with broken heroes on a last chance power drive. Everybodys out on the road tonight, but there's no place left to hide." Life does not get any better than that pure genius, 

It's more than a death trap and a suicide rap; it's more than a love letter to Wendy; its the rock n roll answer to the question "I wanna know if love is wild, I wanna know if love is real!" 

BORN TO RUN is  the greatest rock n roll song of all time. 

Music Critic Robert Christgau noted that it was all Be My Baby was and wanted to be, and more. It was more than the Phil Spector Wall of Sound. It was innovational, inspirational, and an invitation to lose yourself in all of the music and words.