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.

Tuesday, August 09, 2022

RENIER DIAZ DE LA PORTILLA - YOU ARE OUT OF ORDER .......


THE CAPTAIN REPORTS:

HAS DIAZ DE LA PORTILLA COMMITTED POLITICAL SUICIDE ?????



As previously reported on this Blog last week, in our post entitled SHAME ON YOU RENIER DIAZ DE LA PORTILLA Candidate Renier Diaz de la Portilla crossed so far over the line with the disgusting campaign literature that a PAC connected to him sent out that he may have cost himself any chance of ever becoming a judge, or, if he is elected, he likely guaranteed his removal from office. 

That is because local attorney (and former State Legislator) Juan Carlos “JC” Planas has filed complaints against Diaz de la Portilla with both The Florida Bar and the Judicial Qualifications Commission (JQC). As first reported by the Florida Bulldog, the Complaints accuse Diaz de la Portilla of using a Political Action Committee (PAC), called Proven Leadership, as a “proxy to smear” his opponent, Judge Fred Seraphin. That PAC was originally set up to support Diaz de la Portilla’s older brother, Miami Commissioner Alex Diax de la Portilla.

In the Complaint, Planas alleges that Diaz de la Portilla violated both the Florida Bar’s Rules of Professional Conduct as well as the Canons governing judicial candidates that require candidates to refrain from engaging in inappropriate political activity.

If either the Bar or the JQC find probable cause with the Complaints, the Florida Supreme Court will ultimately determine Diaz de la Portilla’s fate.

In 2018, in a period of just seven days, the Florida Supreme Court removed two sitting judges for campaign violations. Many of our readers will recall when 15th Judicial Circuit Judge Dana Marie Santino was removed from the bench for her attacks on her opponent, when she said things like this: “Attorney Gregg Lerman has made a lot of money trying to free Palm Beach County's worst criminals. Now he's running for judge!"   The JQC report stated “Candidate Santino did not merely compare her background, qualifications, character and integrity with that of her opponent,” the report said. “She imputed guilt to those that were merely accused. She also expressly stated and implied that Lerman was not impartial, was predisposed to favor criminals, while she was predisposed to victims, and courted votes based on each candidate's supposed predisposition.” ARE YOU READING THIS MR. DE LA LIAR.  SOUND FAMILIAR!!!

One week earlier, the Florida Supreme Court removed 7th Judicial Circuit Court Judge Scott DuPont for, what they called “numerous violations of judicial canons, including an allegation that DuPont published false allegations online about his 2016 election challenger, Malcolm Anthony, and Anthony’s family members.”

THE JQC Report found that DuPont “imputed criminality to his opponent’s wife and daughter on his website.”  “He disseminated false and misleading information that Anthony employed aliases, posed as an imposter, and was ‘booked’ for arrest,”.  ARE YOU READING THIS MR. DE LA LIAR.  SOUND FAMILIAR!!!

Why don’t you make it easy on yourself right now by just withdrawing from the campaign so that the most qualified candidate, Judge Fred Seraphin, wins the race, unopposed.


THE LATEST ON THE SAGA OF ATTORNEY BRUCE JACOBS ....... JACOBS CALLS FOR DISBARMENT OF 3RD DCA JUDGES 


Well, like Britney’s song says: “Oops I did it again”.

Today, the 3rd DCA issued SANCTIONS as the result of not one but four Rules To Show Cause against attorney Bruce Jacobs (there were actually seven cases but who’s counting).  Jacobs is back at it accusing the 3rd DCA of, among other things: (The Opinion can be found here).

“It is self-evident that the right to a meaningful hearing is denied when the Court refuses to recuse itself, refuses to follow the law, knowingly deprives homeowners of their property without due process, and then attempts to disbar the lawyer for exercising his first amendment right to expose corruption in the courts. This is not North Korea, Cuba, Russia or some third world country. This is a major city in the United States of America.”

This Court has entered “orders that violate the constitution as Mr. Jacobs’ African American and Jewish clients believe the court below has repeatedly done.” 

 “It is self-evident that . . . [Mr. Jacobs’] clients are not before a fair and impartial tribunal [as] guaranteed by the constitution.”

This Court has created a “shadow body of law that allows banks to commit fraud.”

This court’s issuance of a citation per curiam affirmed opinion in this case constitutes “an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice.”

“[There is a problem] when a court has actual knowledge [a party] committed felonies and fraud upon the court, [and] decides to attack the whistleblower attorney who defended against the fraud.” 

“The Judges of the Third DCA should be removed from Mr. Jacobs[’] cases and disbarred for violating the judicial canons, abusing their judicial powers, and knowingly depriving people of

their constitutional rights.”

The list goes on. And on. And on.

The Court issued Sanctions as follows:

1. We formally refer each of these matters to the Florida Bar for appropriate disciplinary proceedings against Bruce Jacobs, Esquire.

2. We award the opposing party, in each of the above proceedings, a reasonable attorney’s fee in an amount not to exceed $5000 (a total maximum amount of $35,0001) for services rendered by counsel for each opposing party in responding to Mr. Jacobs’ post-opinion motions seeking rehearing, rehearing en banc, certification and/or issuance of written opinion. We remand this cause to each of the respective trial courts to fix the amount. Bruce Jacobs, Esq. and Jacobs Legal, PLLC, shall be jointly and severally responsible for payment of the reasonable attorney’s fee.



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




27 comments:

Anonymous said...

Disgusting. Every time I think it can’t get any worse, it does. Judicial races have turned into the the often filthy, mud-slinging South Florida political races. Every election cycle I think it can’t get any worse, but it does. That J.C. Planas has a lot of courage to take on and expose the DLP clan. I hope someone files a complaint against the unqualified Tylman for what her FIU Law ethics professor told the DBR was a "public fraud". Our system has to be modified so that unqualified, racist scum, like RDLP and Tylman Cervera and their ilk, are barred from even qualifying for judicial races. Keep up the good work Captain.

Anonymous said...

Yes, Renier Diaz De La Portilla is out of order, but our judicial election system is even more out of order for allowing someone like him to run for judge. The system is broken and has become a joke.

Anonymous said...

Breaking news. Hanzy & Coco Join The last half hour of morning Joe today where they discuss their shocking on camera interview of former FBI director Andrew McCabe last night and his views of the FBI raid on Mar A Lago the criminal lair of former president 45. Tune in today on MSNBCat 930 am eastern daylight savings time.

Anonymous said...

Florida Supreme Court has significantly changed since the decisions you cite. For the new one, my guess is any judicial campaigning tactics, at least by a politically connected Republican, are AOK.

Anonymous said...

Wait. You believe he should be disbarred for something his brother did? What proof do you have beyond mere speculation and same last name to say that the candidate had anything to do with it?

Anonymous said...

No sympathy here for Seraphin, who has been a jerk on the bench for years and deserves whatever he gets, which likely will be that he gets pounded in this election.

So I'll hold my nose, vote for DLP and let the FSC sort it out.

Anonymous said...

512 is right. This Renier clown shouldn't be allowed to run for judge. No one should be allowed to. All judges should be appointed.

Anonymous said...

This race makes a good case for reforming the system to eliminate the election of judges. Although some appointed judges are good and some are not good, my issue with appointments is the partisan nature of the JNC selection / appointment process. I would rather accept the lesser evil of judicial elections. If we could change our appointment process so the members of the JNC were selected from the Florida Bar and an equal number of republicans and democrats had to constitute the JNC body, I would support the appointment process in a heartbeat.

Ex Blackjack Dealer said...

Mr. Jacobs needs to listen to the old Kenny Rogers song "You got to know when to hold them....and know when to fold them". He needed to fold a long time ago. He has chosen a course of action which will cost him his bar card in the not to distant future. If I was posting an over/under prop bet I would say by December 31, 2023 he will no longer be a member of the bar. Anyone want the over?



Anonymous said...

These are political campaigns all's fair

REAL COCO said...

I’m so totally exhausted. Our Morning Joe appearance was way too early. Hanzy was cranky when, as today, he only gets 8 hours of sleep.

Then off to trial. Whew. Can’t wait to see what tomorrow brings.

We need a prime time gig. Please start a Go Fund Me page for me and the Real Hanzy.

Real Fake Coco said...

Get in line pal. I’m already registered for the survivor pool so buck up coco.

Rumpole said...

Here’s the problems with judicial appointments. How do you get rid of bad judges ? You think judges are difficult now ? Give them a lifetime appointment and see what happens. Especially the way de Santos has blatantly rigged the appointment process. Nit that other governors were much better. But they were some what better. What we sometimes see is really bad judges resigning in the face of an Election where they get two and three opponents. It’s a last resort. But it works.

Anonymous said...

Best case scenario: Seraphin gets beat and DLP gets kicked off the bench. The later part may not be a slam dunk though. That is because the attack ads came from a PAC and not from the candidate. Even though we know that he was in the loop on it, proving that is unlikely.

Anonymous said...

I’m more likely to agree with something if Shumie and The Q endorse it. What are they saying ?

Anonymous said...

Rumpole 8:06, who said anything about lifetime appointments? A 12-18 year term with a retention election every four to six years sounds about right.

Anonymous said...

9:23 Shumie and the Q agree to call the Shumie on this one and go to The Ren, A Venue, for drinks.

Anonymous said...

Lots not pretend this is objective reporting. Captain and Rumpole clearly have biases.

Anonymous said...

So, no response on why he should be punished for something his brother did.

Anonymous said...

Forget political appointment and/or election. State court judgeships should be a civic duty like jury duty. Every lawyer should get dumped into a pool once they have served 15(?) years. Names get drawn from a hat 1 year in advance for a 1 year term as a trial judge.

Once a lawyer has served at least 1 term as a trial judge, they get put back in the trial judge pool but also get put in the into a pool for DCA. Once a lawyer has served as a DCA judge, they get put back in the trial judge and DCA pools, but also get put into a pool for State Supreme Court.

For the wealthy among us who would cry that such a duty would hurt their ability to continue to rake in cash - first, congratulations; and second, suck it up.

Anonymous said...

Rumpole is right: the time when there was anything good to say about appointment of judges has passed in Florida. DeSantis is not a responsible person to put in control of this. Imagine appointing and promoting the most radical right-wing judges you can find. The younger the better to allow them to poison the well for as long as possible. And when he appoints one who was not qualified for many reasons, actually legally barred for the only objectively probable reason, lack of sufficient time as a lawyer, he waits and re-appoints immediately. What a joke.

Rumpole said...

I have biases. 1- against idiots with no experience who run for judge.
2- Against idiots who are devious and when the truth comes out, calls it fake news, and accuses me of being biased. Thus I am biased against you 9:49 am. The only surprising thing is that you're somehow smart enough to use a computer and log on to this blog. Now go away and don't come back. There's an Alex Jones rally attacking parents of dead children for you to attend and soak up the truth. Asshole.

Anonymous said...

We need a non-partisan JNC with a legally required equal number of Republicans and Democrats.

Anonymous said...

651 what bad or extreme appointments has desantis made in our trial courts? None.

Anonymous said...

Very true re appointees - big donor equates to purchased judgeship

Anonymous said...

Not gonna happen so maybe blow your nose

Anonymous said...

10.52: That's the system Reubin Askew set up in the 1970s, and Jeb Bush destroyed in 2001. Bush has admitted, too, that he made a big mistake; I don't see him lobbying to fix it, though. Too busy, Jeb is these days, undermining public schools.
Without real and at least semi-non-partisan JNCs, electing trial judges is the better idea.