HOLIDAY SCHEDULE

So you had a spicy judge who in October thought it would be fun to set your case for trial on December 26 after making a face and granting a defense continuance. Of course, they took the week off, and now you want to know which judge will be covering. 

Hopefully you remembered Rumpole's number one rule for trial scheduling- NEVER EVER EVER set a case for trial during the first two weeks of January. All your judge has done over the holidays while swilling egg nog and stuffing cocktail shrimp at parties into their pockets for later, is ruminate about how hard they had to work in 2023 and lo and behold they have arrived- after a few egg nogs at the answer! Try a case during the first week in January, rocket the defendant at sentencing minutes after the verdict (unless we tried the case) and viola! The word will go out- Maximum (add a reduplicative last name here) is back and you better take those plea offers. More time for the Judicial Genius to leave early and play Candy 🍬 Crush. 

Anyway, if you need the holiday schedule, look no further. 

Holiday Coverage Schedule – 2023 (from Monday, December 25 to Monday, January 8, 2024)

Covering judges will cover their own calendars LAST.  Other calendars will be covered in division order. All calendars will be covered on the covering judge’s division Zoom virtual courtroom ID and physically in the covering judge’s courtroom beginning at 9AM.  This schedule has been cleared with all stakeholders so please NO EXCEPTIONS!

Tuesday, December 26 – Friday, December 29:

Judge Laura Cruz will cover Judge Lody Jean and Judge Teresa Pooler and Judge Zach James

Judge Ariel Rodriguez will cover Judge Joe Perkins (12/26-12/28) and Judge Mavel Ruiz (12/26-12/28)

Judge Richard Hersch will cover Judge Joe Perkins (12/29 only) and Judge Ariel Rodriguez (12/29 only) and Judge Mavel Ruiz (12/29 only)

Judge Marisa Tinkler-Mendez will cover Judge Carmen Cabarga and Judge Christy Bandin and Division 14

Judge Milton Hirsch will cover Judge Bill Altfield and Judge Daryl Trawick and Judge Laura Stuzin and Judge Richard Hersch (12/26 only)

Judge Al Milian will cover Judge Tanya Brinkley and Judge Michelle Delancy and Judge Cristina Miranda and Judge Ellen Venzer  

Monday, December 25 – Judge Orlando Prescott will preside over Bond Hearings

Saturday, December 30  - Sunday, December 31 – Judge Thomas Rebull will preside over Bond Hearings

Monday, January 1 – Judge Cristina Rivera Correra will preside over bond hearings

Judge Milton Hirsch is on emergency duty December 26 – January 2

Regular Daily Bond Hearings will be covered by Judge Mindy Glazer

Judge Marisa Tinkler-Mendez will handle ACs & emergencies for Divisions 60, 61, and Problem-Solving Courts

Judge Laura Cruz will handle ACs & emergencies for ROC

DRUG COURT AND VETERANS TREATMENT COURT WILL BE CLOSED EXCEPT FOR EMERGENCIES

 

Tuesday, January 2 – Friday, January 5:

Judge Ramiro Areces will cover Judge Joe Perkins

Judge Laura Cruz will cover Judge Mavel Ruiz

Judge Lody Jean will cover Division 14

Judge Teresa Pooler will cover her own division

Judge Ariel Rodriguez will cover his own division

Judge Carmen Cabarga will cover Judge Christy Bandin

Judge Richard Hersch will cover Judge Ellen Venzer

Judge Zach James will cover his own division

Judge Laura Stuzin will cover her own division

Judge Daryl Trawick will cover his own division (1/2-1/3 only)

Judge Marisa Tinkler-Mendez will cover Judge Daryl Trawick (1/4-1/5 only) and Judge Bill Altfield

Judge Tanya Brinkley will cover Judge Cristina Miranda (1/2-1/3 only)

Judge Miguel de la O will cover Judge Tanya Brinkley (1/4-1/5 only) and Judge Cristina Miranda (1/4-1/5 only and Judge Michelle Delancy all week

Judge Al Milian will cover Judge Milton Hirsch

 

Saturday, January 6  - Sunday, January 7, 2023 – Judge Ariel Rodriguez will preside over Bond Hearings

Judge Carmen Cabarga is on emergency duty January 2 – January 8

Regular Daily Bond Hearings will be covered by Judge (SENIOR JUDGE COVERING)

Judge Marisa Tinkler-Mendez will handle ACs & emergencies for divisions 60, 61, and Problem-Solving Courts

DRUG COURT AND VETERANS TREATEMENT COURT WILL BE CLOSED EXCEPT FOR EMERGENCIES

MERRY CHRISTMAS

UPDATE: ONE SOUTH FLORIDA JUDGE IS NO SCROOGE- scroll down for the Santa details

 Or as we say in England, Happy Christmas. 

Tis rare we give an admirable shout-out to a person who wears a black robe to work. But this Judge deserves one. And as you robed readers peruse this order, ask if you would have been as thoughtful as Judge Edison? In South Florida, we say, likely not. 

H/T Mr. Markus SDFL Blog and X account of @RMFifthCircuit and attorney Raffi Melkonian. 

UPDATE: We received this order in the comments section and reply that Judge Rudy Ruiz has the holiday spirit. Well done. We won't mention one of his colleagues who after the arraignment last week set trial for 1/15 and motions deadline by 1/5. Anyone can review 500 KB of discovery in a week right? Not that it has even been sent out yet. 

Case 9:22-cv-81883-RAR
Document 143 Entered on FLSD Docket 12/20/2023

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CV-81883-RAR

BRITTANY ROBERSON, et al., individually and on behalf of all others similarly situated,
Plaintiffs,

v.

HEALTH CAREER INSTITUTE LIC, et al.,
Defendants.

ORDER

THIS CAUSE comes before the Court sua sponte. On December 19, 2023, Plaintiffs filed their Motion for Certification of a Rule 23 Class ("Motion"). Pursuant to Local Rule 7.1(c), Defendants' response to the Motion is due on or before January 2, 2024 requiring counsel for Defendants to spend the upcoming holidays buried in briefing. While the Court could certainly permit the existing response deadline to stand, it has no interest in being known as the Jurist Who Stole Christmas. So, while the Court declines to engage in the primary method of spreading holiday cheer,' it will sua sponte extend the briefing schedule to allow counsel to spend time with their families at the end of the year.
Accordingly, Defendants' response to the Motion shall be due January 12, 2024 and Plaintiffs' reply shall be due January 19, 2024. The Court wishes counsel for both parties a very happy and healthy holiday season.

DONE AND ORDERED in Miami, Florida, this 20th day of December, 2023.
RODOLFO A. RUIZ II
UNITED STATES DISTRICT JUDGE

' Which is, of course, "singing loud for all to hear." See ELF (New Line Cinema 2003).

MY LIVE MUSIC EXPERIENCES FOR 2023

Live music is my passion. It can be extraordinary to experience great music, hang with nice people, enjoy the scenery and live in the moment.  If you hit the right show, it could truly be a euphoric moment.

My objective is not to push my unique tastes upon others but, rather, to create an exchange of recommendations. My motto has always  been the greatest music you've ever heard is the music you've yet to hear ... so I enjoy being turned on to new artists, bands, genres, songs and venues. I used to be a musician myself, have played in many bands,  like to pursue the history of music and I'm always hungry for more.  Since I'm a guitarist, I like my music organic. Synthesized, computerized, overproduced, formulaic stuff is not my thing. It's not that my tastes are any better than anybody else, it's just that I want art...genuine art. I need the artist to shoot for the stars. I don't mind if they horribly fail since at least they made the effort. Give me something a lot more than what may come out of a headphone or car speaker.  

That is why I usually have disdain for nostalgia acts. I  mean, how any times can you hear the same song?!  I liken live music to porn... I want to be entertained by virile artists,  not somebody in their 80's trying to emulate a teenager. My baby boomer  brethren has really screwed things up since some are paying top dollar to see some of these nostalgia acts...which is insane!  Experiencing pop music should not be akin to going to the opera.  It's the everyday fans that made the artists not the elite. Paying thousands to see acts from the 60's and 70's is absurd. In my experience, the real magic takes place either at a music festival or at a small venue. Arenas can be like going to the movies, it's hard to experience something extraordinary if you are relegated to your seat. Live music should involve some dancing and gyrating,  roaming around,  a bit of imbibing and should not take place in a sterile environment (the Hard Rock in Hollywood is awful).  Some great local venues are Crazy Uncle Mikes, The Funky Biscuit  and Sunset Cove in Boca Raton, The Culture Room and Parker Playhouse in Fort Lauderdale and  The Pompano Beach Amphitheater.  

Here is a list of my memorable shows. In that I see well over 100 live acts a year and I'm definitely a music snob, these distinguishable performances were,  indeed,  something special.  Remember, I put up this post because I'd like feedback from you concerning what was a special live show for you.  I need to keep on adding to my arsenal. 

Brandi Carlile  at Red Rocks- She is the consummate professional that covers all bases. Immensely talented, her songs touch many genres and her band is virtuostic and energetic. However, what makes her truly special is that her concerts create a poignant,   kumbaya environment where she can bring anybody to tears of joy. Prior to this show and unknown to her, rainbow-colored cray paper was passed out for the audience to attach to the light on their phone upon her playing the standard "Somewhere Over The Rainbow". Once this occurred (she had no idea that it would take place) she was quite affected since 10,000 fans created an electrified rainbow facing the performer.  She closed her show with an empowering cover of Queen's " We Are the Champions". It was my  favorite show of the year.

 

Deanstock- "Dean" is my son's father-in-law and possibly a bigger music fanatic than me. To celebrate his wedding anniversary, he hired members of some national touring bands to perform in his back yard which is situated on a lake. This occurred right after the passing of The Band's Robbie Robertson so the set list had lots of Band songs along with Allman Brothers and Grateful Dead tunes. It was all jam band baby.  Add in a swimming pool, barbecue stations, tons of booze and food and lots of happy-hippie patrons, this was a party like no other. It was an exceptional musical experience.    

Jason Ricci at Crazy Uncle Mikes- Jason Ricci is a blues harmonica player. He blows that harp like it is a saxophone or trombone. He does things on his instrument that I have never seen anybody else do.  He is among one of the most unique musicians I've ever encountered...he can segue from a blues scale into Beethoven within the same song. He played at Crazy Uncle Mikes...the most fun place in South Florida (it's a brewery, restaurant, sports bar and music venue). He's not only an amazing virtuoso musician but also a terrific entertainer and showman. If you ever get a chance to see him (he's playing at the Funky Biscuit on January 18th, 2023) go, he is simply amazing.   

The Smile at The Knight Center- The Smile is an offshoot of  the iconic band Radiohead comprising of that band's vocalist Thom Yorke and guitarist Jonny Greenwood... along with a jazz drummer. There were no hits played, it wasn't that energetic  and at times it was pretty challenging to listen to. However, this was truly adventurous  and creative music...they were making art. It was kind of like watching a Stanley Kubrick film where you have to re-watch in order to fully understand what was going on. While I was at the show, I did enjoy it yet wasn't overwhelmed . But then after the show, I started to think about it, re-listen to some of the songs and discuss the show with other concert goers. In hindsight, this was a very serious effort to create something new and to take the guitar,  bass and vocals into uncharted territories. This was the most artistic and bold show that I've probably had ever seen. 

Billy Strings  at Red Rocks- Billy Strings is the Jimi Hendrix of bluegrass guitar yet his talents are not limited to that genre. He grew up playing heavy metal,  is a huge fan of the Grateful Dead and easily segues into different genres. As a guitarist he does something quite extraordinary, within the same song he employs different styles going from bluegrass picking to jazz scales to heavy metal runs. Red Rocks holds approximately 10,000 people where he played a three night run there, and then afterwords at another arena in Denver. To say that he is popular would be an understatement.  When I was there, Denver was being inundated with rain however the music Gods parted the sky when Billy took the stage. In an impromptu manner, he sang the Johnny Nash,  70's pop standard " I Can See Clearly Now ( the rain will fall) It was the perfect song for the scenario! The Billy Strings fans are the most exuberant I've ever seen, there was more dancing, partying and crazy antics than I've ever seen anywhere. This was a wild  show.

String Cheese Incident- at the Hulaween Music Festival - Hulaween  is a music festival in Live Oak,  Florida at the incredible "Spirit of the Suwanee Park". It focuses on cutting edge acts, EDM and jam bands. Long time jam band,  "The String Cheese Incident"  is the host of the three day event.  One of their sets was a Halloween-themed set made up of all cover songs. In a selection out of left field, but the ideal song for the moment, they played the 70's King Harvest, bubble gum song "Dancing in the Moonlight"... while a huge full moon was illuminating the park and 20,000 fans ... were dancing in the moonlight.  

Avett Brothers - Outlaw Music Festival featuring Willie Nelson at the iTHINK Financial Amphitheater. If the Ramones played folk music, they would sound like the Avett Brothers. They play acoustic music real loud.  They are... absolutely... one of the top-tiered live acts out there. This Outlaw Music Festival primarily aimed themselves at country music fans and the bulk of the crowd was there for Willie Nelson. It was obvious that the Avett Brothers intended to grab some new fans so they took the stage going 100 mph.  They were so amazing that none of the other acts even deserved to be in the same vicinity as them.  The Avett Brothers always deliver a 10/10 performance but,  somehow,  they took it up a notch. 

Margo Price at the Ryman Auditorium- Margo Price has lived a difficult  life; she lost a child during childbirth which triggered significant drug and alcohol issues. After wallowing in sorrow, she then decided to turn it all around. I first saw her last year at the Hulaween festival where she was the only country performer . She may have been categorized as "country", but at that festival , she came to rock... I mean she was melting faces all over the place. After seeing her do a limited, one hour festival performance, I had a desire for more so I went to Nashville to see her. Wow did she work her butt off! She first harmonized and sang backup for the two opening acts, and then played for over two hours for her own set. She ended her show by covering Paul McCartney's "Let Me Roll It", went into the audience and never returned to the stage as she escorted the audience out the door.  She was a force of nature.

Some special mentions should go to The Mavericks at the Parker Play House, Wilco and Father John Misty at the Sky Blue Sky festival in Riviera la Playa, Mexicio, Samantha Fish at The Funky Biscuit and Jennifer Hartswick at Hulaween. Lastly, Grateful Dead tribute band "Crazy Fingers" playing at Tarpon River Brewery in Fort Lauderdale is more fun than 95% of what you may see at an arena...and it is free.

What musical performances excited you this year?

 

Have a great holiday, may you be victorious in your professional endeavors and ROCK ON!

WELCOME COLLEAGUES TO “COMMITMENT & DEDICATION” .......

THE CAPTAIN REPORTS:

QUERY: WHEN WAS THE LAST TIME YOU “ZEALOUSLY” REPRESENTED YOUR CLIENT?

We have all heard the term used a thousand times before. We were taught it back in law school and in our first jobs after getting sworn into the Bar. Heck, it was written directly into the Rules of Professional Responsibility. We use it in our arguments to the Court. We stand behind it when we communicate our position to our opponent in a case. We have always been taught to be zealous advocates and nothing less. Give it 110%. Zealously represent your client; zealously advocate your client's position.

Well, no more. Add the “Z words” - “zeal, zealous, and zealously” to George Carlin’s Seven Dirty Words You Can Never Say.*

That’s because your Florida Bar’s Board Of Governors (BOG) has voted to eliminate the “Z words” from anywhere in our lexicon.

Here is the Report from your BOG (and you thought your Bar dues were going to waste):

“The board voted, after a lengthy discussion, to approve a Real Property, Probate, and Trust Law Section proposal to scrub so-called “Z words” — zeal, zealous, and zealously — from the Bar rule book. The proposed amendments would remove references to “Z” words from the Preamble to Chapter 4 and the comment to Rule 4-1.3 — and add a comment that would offer an explanation and historical perspective.

Under the proposal, a sentence in the Preamble, “As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system,” would instead state, “As an advocate, a lawyer asserts the client’s position with commitment and dedication to the interests of the client under the rules of the adversary system.”

Another sentence in the Preamble, “Zealous advocacy is not inconsistent with justice,” would instead state, “Commitment and dedication in advocacy are not inconsistent with justice.”

A sentence in the comment to Rule 4-1.3 (Diligence), “A lawyer must also act with commitment and dedication to the interests of the client and with zeal and advocacy on the client’s behalf,” would simply state, “A lawyer must also act with commitment and dedication to the interests of the client.”

The proposed new comment would appear in the Preamble under the subheading “Conduct.”

“All prior references to this chapter to a lawyer’s duty to act zealously, as a zealous advocate, or with zeal upon the client’s behalf have been removed. Zealous advocacy has been invoked in the legal profession as an excuse for unprofessional behavior,” the comment would state.

The comment would refer to a 2000 Supreme Court decision, The Florida Bar v. Buckle, in which the justices wrote, “we must never permit a cloak of purported zealous advocacy to conceal unethical behavior.”

During a July meeting in Sarasota, Tampa lawyer Larry Miccolis told the Rules Committee that the RPPTL’s Ethics and Professionalism Committee formed a subcommittee last year to study the issue.

“We looked at the term’s etymology, the history of the terms, caselaw, other states’ jurisdictional rules,” he said. “Z terms have a long history. But today, we found that there is more often a negative treatment associated with negative behaviors and labels.”

Miccolis was quick to credit the committee chair, Andy Sasso, with proposing the change.

But shortly before the vote, board member Karl Klein, a Miami lawyer, said he was concerned some lawyers would be tempted to temper their dedication to their client’s cause.

“What I worry about is the good attorneys, who do read the rules, and who would say, ‘Oh, I can’t represent my clients with zealous advocacy anymore,” Klein said.

Board member Michael Gelfand defended the proposal, saying too many lawyers use the reference to excuse their unprofessional behavior.

“When we go back to our districts, what’s the No. 1 issue our constituents complain about,” Gelfand said. “It is professionalism.”

The change is needed now more than ever, Gelfand said, when beginning lawyers are launching solo practices without the moderating influence of a mentor.

“We have seen lawyers in the courtroom who have justified their conduct because they have to be a zealot,” he said. “This is our way to start bringing back professionalism, which is why our constituents largely sent us here.”

The board approved the proposed revisions, 24-9. The Supreme Court will have the final say.”

So, the next time you appear in court, and you look the judge right in the eye, doing your best job in arguing your Motion to Suppress on an issue that will determine whether your client spends the rest of their life in prison, and things get really heated, just remember to say, “but your honor, I was just trying to show my commitment and dedication for my client’s position".

Alex Michaels Is Now Officially Turning Over In His Grave!!!

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

THE “NAME GAME”. HERE WE GO AGAIN?! .......

THE CAPTAIN REPORTS:

BREAKING . JNC FORWARDED THE FOLLOWING NAMES TO GOV. DESANTIS

COUNTY COURT

1. Kimberly Hillery
2. Jennifer Hochstadt
3. Jose Rohaidy
4. Gilberto Barreto
5. Kevin Hellmann
6. Christine Hernandez
7. Jason Quinones
8. Michelle Urbistondo
9. Marcia Hansen

CIRCUIT COURT

1. Christine Hernandez
2. Marcia Hansen
3. Judge Stephanie Silver
4. Judge Miesha Darrough
5. Judge Elaine Sosa-Bruzon
6. Judge Natalie Moore
7. Judge Carlos Gamez
8. Judge Cristina Correa

SEVENTEEN (17) DAYS .......

That is the number of days between the date that attorney Jason Reding changed his name to Jason Reding “Quinones” and the date that he is interviewing with the Eleventh Circuit’s Judicial Nominating Commission (JNC) to become a judge in Miami-Dade County.

We have a long history of calling out judicial candidates who play the “Name Game”.  Most recently we wrote several posts during the 2022 election cycle when candidate Teresa Tylman, overnight, birthed Teresa Cervera. The Daily Business Review ran a few stories on the Name Game following and quoting from our post in April of 2022, including one here.

We have written extensively on the subject, here, here, and here, (Rumpole's post).

Professor Scott Fingerhut of FIU Law wrote about the "Name Game" here.

The Miami Herald wrote about it here.

We have written on the subject as far back as 2010 referencing the candidacy of Peter Adrien “Camacho” which can be found here.

Today, thanks to our loyal readers who have been following us since 2005, we were alerted to what may be the latest example of an attorney playing the “Name Game”.

Attorney Jason A. Reding, now known officially as Attorney Jason A Reding Quinones, according to the Members Page with The Florida Bar, changed his name from “Reding” to “Reding Quinones” on December 1, 2023. Mr. Reding has been an attorney, holding himself out as Jason Reding, for more than 15 years. Today he is interviewing for one of the two open Circuit Court seats and one of the two open County Court seats in Miami-Dade County. (Not so coincidentally, the deadline for filing applications to the JNC for the four open seats was December 1, 2023, the same date that attorney Jason Reding changed his name).

We emailed Mr. Reding and provided him with some of the information that appears in this post. We asked him when he changed his name with The Florida Bar and why he changed his name. If he chooses to respond (he has not done so as of the publication of this post) we will print whatever he permits us to write.

THE FACTS:

Mr. Jason Quinones is being interviewed at 10:00 AM today by the Eleventh Circuit’s Judicial Nominating Commission (JNC). The question is - when and why did he change his name with The Florida Bar?

The Florida Bar lists Jason Reding Quinones as a member in good standing. Reding has been a member of The Florida Bar since September 29, 2008.

It also mentions that he works for the U.S. Department of Justice. He uses the following email address: jason.reding@usdoj.gov.

According to the USDOJ website, Reding is referred to numerous times as only Jason Reding. There is no mention of the name “Quinones” anywhere in his name.

According to AVVO, they list him as Jason Reding, corporate attorney.

According to Clearway Law, they list him as Jason Reding. Apparently, at some point, his law office was located at 2250 SW 3rd Ave Ste 303, Miami, FL, and he practiced corporate, government, guardianship, and probate law.

According to SUNBIZ, Jason Reding incorporated Reding Law, PA in October of 2011. The corporation was dissolved in 2016.

According to Buzzfile, they also list him as Jason Reding, with the same law office address.

According to LinkedIn, Reding was an Associate at KPMG from 2008-2012 handling transactional and corporate law. He is also a JAG with the USAF. He joined the USDOJ in 2018, working in their office in Alexandria, Virginia. He then moved to Miami and worked in the criminal division for four years before moving to the civil division in 2022.

According to the Miami-Dade County Property Appraiser’s website, Jason A Reding owns a property in Miami-Dade County. The Warranty Deed uses the name Jason A Reding; there is no mention of “Quinones” in his name.

According to the Marriage License Bureau of Miami-Dade County, Jason Anthony Reding has been married twice. First, to Sandra Gonzalez, on August 21, 2004.  Sandra Reding’s name appears on the paperwork submitted to the Florida Department of Corporations when Jason Reding incorporated his law firm, Reding Law, in 2011. When Jason Reding filed for a dissolution of marriage in 2012, he did so using the name Jason Reding. He was married a second time, on November 25, 2017, to Jennifer Donates. There is no mention of the name “Quinones” on either of his marriage licenses nor on the clerk’s website regarding his dissolution of marriage case.

In 2018, Jason Reding was the plaintiff in a lawsuit filed against Citizens Property Insurance Corp. The property where the alleged damage took place is the same address as the property listed on the Miami-Dade County Property Appraiser’s website. Once again, there is no mention of the name “Quinones” anywhere in the lawsuit nor anywhere in the online Exhibit - the policy that Reding paid for that was the basis of the lawsuit.

If the JNC chooses to send Mr. Reding's name up to Governor DeSantis, and if Governor DeSantis chooses to appoint Mr. Reding to one of the four open seats, then Mr. Reding will need to run in an election within the next two years if he wants to keep his seat on the bench. Of course, we now know that the name that will appear on the ballot will be Jason Reding "Quinones."

We again invite Mr. Reding to email us and provide some reasonable explanation as to why he decided to change his name from Jason Reding to Jason Reding “Quinones" on December 1, 2023. Best of luck Mr. Reding “Quinones” in your interview today with the JNC.

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

YOU ASKED FOR IT - IT'S FINALLY HERE - FLORIDA'S UNIFORM STATEWIDE BOND SCHEDULE

Updated by Rumpole: The Official Schedule approved by the Supreme Court (Motto: "Precedent in death penalty cases is wayyyy overrated" )  is included at the bottom of the post.

THE CAPTAIN REPORTS:

UNIFORM STATEWIDE BOND SCHEDULE .....

The Supreme Court of Florida signed Administrative Order No. AOSC23-88 on December 12, 2023.

The bond schedule below is effective from January 1, 2024 through December 31, 2024.

For a more detailed understanding of the AO, you can find the seven page document here: 

In part, the AO reads:

The uniform statewide bond schedule shall not bind a judge in an individual case who is conducting a first appearance hearing or bail determination.

The chief judge of a judicial circuit may establish a local bond schedule that adds conditions of release and/or increases the bond amounts above those required by this schedule. The chief judge of a judicial circuit may petition this Court for approval of a local bond schedule that sets lower bond amounts than those required by this schedule. 

......

§ 903.011(6), Florida Statutes, states in pertinent part: A person may not be released before his or her first appearance hearing . . . if the person meets any of the following criteria:

The AO then goes on to list seven subsections, including:

(g) The person’s current offense of arrest is for one or more of the following crimes:

1. A capital felony, life felony, felony of the first degree, or felony of the second degree;

.......

Each crime of arrest requires a separate bond pursuant to § 903.02(4), Florida Statutes, and Florida Rule of Criminal Procedure 3.131(b)(2).

HERE IS THE BOND SCHEDULE:

1. For persons arrested for a crime listed in § 903.011(6), Fla. Stat., or who meet the criteria in § 903.011(6), Fla. Stat.

Bond: None; 1st appearance required

2. For persons not covered by number 1., arrested for a third degree felony that involves any amount of force or threat of force against a person.

Bond: $5,000

3. For persons not covered by number 1., arrested for a third degree felony that does not involve any force or threat of force against a person.

Bond: $2,500

4. For persons not covered by number 1., arrested for a first degree misdemeanor or an ordinance punishable like a first degree misdemeanor, that involves any amount of force or threat of force against a person. 

Bond: $1,000

5. For persons not covered by number 1., arrested for a first degree misdemeanor or an ordinance punishable like a first degree misdemeanor, that does not involve any force or threat of force against a person and that is not driving under the influence or boating under the influence.

Bond: $500

6. For persons not covered by number 1., arrested for a second degree misdemeanor or an ordinance punishable like a second degree misdemeanor, that involves any amount of force or threat of force against a person.

Bond: $250

7. For persons not covered by number 1., arrested for a second degree misdemeanor or an ordinance punishable like a second degree misdemeanor, that does not involve force or threat of force against a person and that is not driving under the influence or boating under the influence.

Bond: $150

8. For persons not covered by numbers 1. or 3., arrested for driving under the influence or boating under the influence.

a. First degree misdemeanor.             Bond: $1,000

b. Second offense, second degree misdemeanor.     Bond: $750

c. First offense, second degree misdemeanor.     Bond: $500

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

Supreme Court of Florida Administrative Order No. AOSC23-88, In Re_ Uniform Statewide Bond Schedule by Anonymous PbHV4H on Scribd

COMINGS & GOINGS IN THE GJB ..... & FOUR NEW JUDGES COMING TO A COURTROOM NEAR YOU .....

 

THE CAPTAIN REPORTS:

Thank you for all of your emails asking if I was still alive. The answer is YES. Now on to more important matters.

WHO'S COMING (AND LEAVING) THE GERSTEIN JUSTICE BUILDING .....

ARRIVING TO THE JUSTICE BUILDING IN 2024:

Judge Carlos Lopez - F012 - REG 305 (or 223)

Judge David Young - AP002/F008 - REG 712

Judge Laura Gonzalez-Marques - F003 - REG 229

LEAVING THE JUSTICE BUILDING IN 2024:

Judge Daryl Trawick - AP002/F008 

Judge Tanya Brinkley - F020

Judge Mavel Ruiz - F003

Judge Joseph Perkins - F009

MOVING WITHIN THE BUILDING IN 2024:

Judge Milton Hirsch - F012 to F014

Judge Ramiro Areces - staying in F070 - REG 212 to REG 400

Judge Christine Bandin - staying in F017 - REG 305 to REG 212

IN OTHER NEWS RELATED TO THE BENCH ....

SO, YOU WANT TO BE A CIRCUIT/COUNTY COURT JUDGE .....

The JNC will be conducting interviews on December 19th beginning at 9 AM of  17 individuals who hope to replace the following judges: Circuit Court Judge Jennifer Bailey who is retiring; Circuit Court Judge Rosy Aponte who is resigning; County Court Judges Laura Gonzalez-Marques and Christine Bandin, both of whom were elevated to the Circuit Court.

The schedule for interviews:

9:00 AM Kimberly Hillery (County)

9:15 AM Jennifer Hochstadt (County)

9:30 AM Jose Rohaidy (County)

9:45 AM Cristine Hernandez (County and Circuit)

10:00 AM Jason Quinones (County and Circuit)

10:15 AM Gilberto Barreto (County)

10:30 AM Neila Nathaniel (Circuit)

10:45 AM Kevin Hellmann (County)

11:00 AM Break

11:15 AM Michelle Urbistondo (County and Circuit)

11:30 AM Kayla Quitana (Circuit)

11:45 AM Marcia Hansen (County and Circuit)

12:00 PM Judge Stephanie Silver (Circuit)

12:15 PM Judge Miesha Darrough (Circuit)

12:30 PM Judge Elaine Sosa-Bruzon (Circuit)

12:45 PM Judge Natalie Moore (Circuit)

1:00 PM Judge Carlos Gamez (Circuit)

1:15 PM Judge Cristina Correa (Circuit)

Wishing all of my loyal readers the happiest and healthiest of Holiday Seasons and a Happy New Year.

CAPTAIN OUT .......

Captain4Justice@gmail.com

THE FIRST AMENDMENT

UPDATE AND CLARIFICATION: 

Some readers, robed and otherwise, have reached out to Rumpole to let us know that the First Amendment does not apply to a private institution like Harvahard. We respond with the best legal response we can muster- DUH. 

Our argument is not that the First Amendment covers private institutions like Harvahard and the students who attend.. We know that the First Amendment does not extend that far- although arguably the reach of the commerce clause cases used to integrate the South and stop farmers from eating their own wheat ( See Wickard v. Fulburn)- might be used to extend federal ideals about hate speech into private institutions. 

 Our argument is that that the university presidents did a bad job of explaining that the universities were choosing to apply First Amendment standards to speech on campus to allow the free expression of ideas- even hateful ideas. 

We fully support the proposition that as a private institution, a private university can set as many rules as they want about speech and the students who choose to attend, choose to attend accepting that their speech will be regulated. 

We hope we made that clear. Meanwhile, Kudos to the Harvard faculty for supporting their president.  

The First Amendment only works when its boundaries are pushed. It is easy to support free speech in the name of standing in front of the White House holding a sign saying "Stop Global Warming". It is harder and more important when the speaker is advancing repugnant ideas. 

Which brings us to the disastrous testimony before congress of several university presidents this past week.  They did an awful job defending an important principle. 

Students at Colleges and Universities are- as young people are wont to do- taking up radical ideas and supporting not just Palestinians, but Hamas- the criminal terrorist organization that did the unspeakable acts we all know about.  They chant Hamas slogans and some cheer the death of Jewish people. And the University presidents would not take the step Congress wanted- promising to expel the students for saying such awful things.  [ SEE OUR UPDATE- THIS IS OUR ARGUMENT NOT THAT THE FIRST AMENDMENT EXTENDS TO PRIVATE UNIVERSITIES]. 

And here is why they are right. Who determines that the speech is "awful"? Is there a speech czar? And if we now agree that the speech in question is awful, do you want President Trump's administration determining what he and Stephen Miller think is awful speech that should be punished? 

That is the concept that most people uneducated in the law- and many lawyers and judges - and certainly members of Congress - do not get. You cannot punish speech because eventually someone else whose ideas you do not agree with will be in the position to punish your speech - and then what? We cannot have speech decided on the principle of whose ox is gored. 

What if Harvard's President was an avowed vegan and animal rights supporter and decided to ban any students who ate and supported the right to eat hamburgers? Millions of cows are slaughtered and to animal rights activists the eating of meat should be criminalized.

In the 1960s radicalized students at colleges and universities staged sit ins at university presidents' offices, disrupted classes, and had large demonstrations supporting the "anti-American" ideals of ending US involvement in Vietnam. They were traitors. American boys were dying to fight communism and no student should be allowed to get an education- much less a free one at a public university- while supporting such repugnant ideas. 

Civil rights activists in the 60's supported the "awful", "sinful", "unnatural" concept of a black man marrying a white woman. It was offensive to religion, what the bible taught, it was against the law, and such speech should definitely be punished. Ditto in the 1980s and 90s for two people of the same sex engaging in sex.   Why should speech supporting illegal acts like two men engaging in sex with each other be allowed? 

And in that vein, why should offensive speech supporting a criminal terrorist organization like Hamas be allowed?  There are victims of Hamas, survivors who have been brutally assaulted, children who saw their parents murdered and burned right in front of them, who should not be subject to such offensive speech. No one should be allowed to support Hamas in public the thinking goes. 

The reason why is - because.

Because if we have a First Amendment that means anything, then it protects "good speech" and "bad speech". Because we do not have a speech czar because the founders recognized the dangers of giving any government the right to regulate speech.  Are there lines? Sure. You cannot yell "fire" in a crowded movie theater. You can demonstrate against integration, but you cannot yell  "There is a Jap- let's kill her!" to the crowd. 

You can say and sing all day long the praises of Hamas, and you can even applaud the killing of Jews, but you cannot point to a Jewish person and tell the crowd to kill them.  You can even walk into court wearing a "fuck you judge" t-shirt. It's been done and the prosecution was reversed on appeal. 

Those are the lines that the university presidents were trying to show Congress. They failed. So we took a shot.  [SEE OUR UPDATE ]. 

Our universities are nothing if they do not allow young people to express ideas, explore them, debate them, challenge them, and eventually make up their minds. The idea of a self-governing nation of people where all men were created equal was repugnant to the royalty of Europe and would not have been allowed to have been debated in the colleges of Europe. But we allow such debate here. 

You can hate this post and all the things we have said supporting the rights of innocent Palestinians to be safe from being bombed and killed. 

Are you ready to cross the line and have the courts order the police to shut us down?  

JAIL VISITS SUSPENDED FOR VERMIN

Update on Jury Selection: 

When we wrote the original post, we had a particular REGJB judge in mind (not the judge we were trying the case in front of. Indeed our trial was not in Florida).  So sort of like casting bait upon the waters, we got a bite and Judge De La O weighed in. Here is his comment, and this is what we are going to do. 1) Post his comment. 2) Accept his invitation and write a new post inveighing against this system of jury selection, and giving him unfettered and unedited space for rebuttal (unlike some of his colleagues who say things like "you have two minutes counsel for rebuttal", but we digress). But for now, he gets the last word on this post. 

Miguel M. de la O commented on "HOLIDAY SEASON TRIALS AND VOIR DIRE"

7 hours ago

Credit where credit is due, I got the idea from Judge Firtel who used it occasionally. I liked it, researched it, and concluded that if I was going to use it in any trial, I should use it in all trials. The other commentators here have done an excellent job of explaining its advantages. I have written two orders explaining and defending random jury selection. I'm happy to share them with anyone who emails me. Also happy to debate it with anyone. It is neither illegal, unfair, or fattening. But if you convince me otherwise, I will stop using it.

 No jail visits as there is an outbreak of Lice ...yuck. 

No truth to the rumor that some robed readers toured the jail earlier this week. 

And a nice JOA count 1 and NG counts 2-3.  Yet another Christmas miracle. 

Ho Ho Ho. 

HOLIDAY SEASON TRIALS AND VOIR DIRE

 We love nothing more than trying a case with the Christmas spirit hovering over the courthouse. Which is why we have tried a case in December probably twenty times in our career.  And we would be remiss in not thanking our current judge for giving the jury Christmas cookies all week so far. 

But we have a complaint. 

Jurors are selected from the driver's license rolls we believe.  Then they are randomly assigned to a panel. Why then does the judge have to inject himself/herself into the process by, once questioning is done, placing their names in some bucket and randomly drawing them so the lawyers don't know the affect of their selection or rejection of a juror? 

Other than a Judge wanting to appear relevant, what is the reasoning behind this? Some of our REGJB judges do this, some do not. 

Anyone care to explain why they think this was a problem that needed fixing? 

NFL WEEK 13 2023

WE HAVE A WINNER : WE HAD THREE PLAYERS LEFT AND TWO TOOK THE STEELERS. RFB TOOK THE COWBOYS AND S/HE IS OUR 2023 SURVIVIOR WINNER  

Our survivor pool starts with one player- RFB already having picked the Cowboys and won. So he advances to week 14. We are awaiting the other picks and will post them when we get them. 

The Pick for Sunday is very simple. Eagles, getting 3 at home over San Fran. If you are us, you put a healthy four figures on the money line +130 meaning betting 1000 gets you a return of 2300.  Philly is the best team in the NFL. They are at home. This is a QB league and Philly has the second or third best QB in the NFL (Mahomes being #1).  The teams even out at talent at WR and TE, and San Fran clearly has the best back in the NFL.  But we like the Eagles defense and we like Philly at home and we love getting the odds. So Fly Eagles Fly on Sunday! 

And if you see this on Saturday night, we are riding Micheeeeeegan -21 over Iowa. We have been riding Big Blue all year. 

BTW did you know that on this date (December 3) in 1992,  the very first text message was sent?  However, to dispel a popular myth, the message did not contain "LOL" or "OMG". And if you find that funny, you can ROTFL. 

PHUN AND THE DEATH OF CHARLIE MUNGER

 It's Phun With Photos Thursday, and we will be updating this page throughout the day, so check back frequently. 

First up, is it just us or does the new speaker of the House remind you of anyone we know? 

The death of Charlie Munger. 

Those of you who are Gen Z (including those who wear black robes at work) probably do not know who Charlie Munger was. He passed away this week at the age of 99. He was someone we had the good fortune to meet a few times, and we followed his philosophy and here are his five rules for success. 

1. Know Your Stuff\

Munger often referred to this basic concept as staying within your own 'circle of competence' and focusing investment decisions on industries and companies that you can truly understand.

"You have to figure out what your own aptitudes are. If you play games where other people have the aptitudes and you don’t, you’re going to lose," Munger said. "And that’s as close to certain as any prediction that you can make. You have to figure out where you’ve got an edge. And you’ve got to play within your own circle of competence."

2. Who gains? (Que Bono)

Understanding incentives, Munger often said, is a key tenant in the investment canon that can provide a clearer understanding as to why management makes certain decisions and how they can guide future outcome. 

"Show me the incentive, and I will show you the outcome," Munger famously said. "The basic rule of incentives is that you get what you were rewarded for. If you have a dumb incentive system, you get dumb outcomes."

3. Be Safe

Befitting a man who, despite his vast wealth, lived simply and well, Munger adopted the value investing theory, first advanced by American economist Benjamin Graham, of a margin of safety.

Munger understood that undervalued stocks can always get cheaper, and thus opted to instead by securities that trade well below their inherent value in order to provide a cushion to unexpected losses. 

“In engineering, people have a big margin of safety. But in the financial world, people don’t give a damn about safety," Munger said. "When you build a bridge, you insist it can carry 30,000 pounds, but you only drive 10,000 pound trucks across it. And the same idea works in investing.”

4. See the edge

Munger, like Buffett, has always favored investment in companies with a so-called 'competitive moat', or a protective layer against their rivals. Companies with 'moats' that isolate their competitive advantages, such as Apple's services divisions that ties its hardware to recurring revenues in the broader eco system, hold tremendous value, Munger argues. 

“We buy barriers. Building them is tough. Our great brands aren’t anything we’ve created. We’ve bought them," Munger said in 2012. "If you’re buying something at a huge discount to its replacement value and it is hard to replace, you have a big advantage. One competitor is enough to ruin a business running on small margins.”

5. The power of compound interest

A basic, but often underrated investment principal, compound interest gains formed much of the underlying success of Munger's decades long career in finance.

Dovetailing with each of the four previous theories, reinvesting gains from good, competitive and predictable companies over the long term can add exponential growth even the most modest portfolio. 

(Robe wearers Nota Bene of this last piece of advice): 

"Spend each day trying to be a little wiser than you were when you woke up. Discharge your duties faithfully and well. Step by step you get ahead, but not necessarily in fast spurts," Munger said. "But you build discipline by preparing for fast spurts. Slug it out one inch at a time, day by day, and at the end of the day – if you live long enough – most people get what they deserve.”

Wall Street, and the world, has lost a great man.

ONE BAD JUDGE

 It is a story to warm even the coldest heart of a Broward Judge. But this takes place in Liberty County, one of Florida's smallest. 

It all started when Judge Kenneth Hosford (and we'd bet all we have in guessing that his friends at the Piggly Wiggly call the Judge "Hos" ) signed a warrant for the arrest of Reese Forehand (we couldn't make these names up if we tried) for the theft of laundry detergent and dryer sheets -value less than $40.00. They take their cleaning products seriously in Liberty County (Motto "Home of the cleanest clothes in all of Florida y'all"). 

Ol Hos 

The State did not file charges.  (They called it a wash...hahahahahaha). That should have been the end of the spin cycle, but technology got Ol Hos right where it hurts. At the end of a Zoom calendar Hos dismissed the PD and said he and the prosecutor need to chat about some non-court things- presumably issues like can you add bleach to colors in the wash, and the fall run of crawdads down at the creek that runs through town. 

On Zoom, and recorded, Ol Hos proceeded to take the prosecutor out to the woodshed about not filing charges on the dirty laundry case.  Hos told the prosecutor "to back up your Sheriff and back up your judge" and suggested a search warrant that he would sign that would presumably catch ol Reese Forehand red handed with the missing laundry detergent. Then,  Ol Hos proceeded to lament the war he was having with the PDs office who were seeking to have him recused on criminal cases - for what reasons we cannot imagine. Ol Hos seems like a right fine good-old boy judge. 

The JQC got the case, and then in what can only be called a sweetheart deal, reached an agreement where ol Hos would apologize and promise not to do it anymore, pay a fine, take thirty days off to go catch them crawdads, and otherwise resume the duties of the only Judge in a small southern town. 

Into the breach stepped FACDL  and Daniel Tibbitt, superstar appellate lawyer of whom we have written about before. FACDL is seeking to file an Amicus Brief (Friend of the Court -yes, Friend of Hos- no) opposing the resolution of the case. 

This is some of what Mr. Tibbitt wrote about ol Hos: 

The judge said the state attorney has to support the sheriff and judge, and if he can’t, needs to say so in open court rather than simply decline to proceed on a case. The judge said that he realized that the search warrant had “thinness” but had suggested to the sheriff how to add to the search warrant to make it stronger and show that the “convicted felon” suspect was “lying”. The judge told the prosecutor they should “rework” the search warrant and “I need y’all to be stronger. You know, it puts me out on a limb when y’all are not stronger, and it puts me in a position to have to make inquiries to hold the law.” The judge criticized the performance of assistant state attorneys in his courtroom the previous session who had not offered harsh enough pleas and who had missed priors of defendants.

So we have a Judge in a one traffic light town asking the prosecutors to be tough and back up Ol Hos in court. A judge who admittedly did his own research on the laundry theft case and then sketched out a plan including signing a "thin" search warrant (so much for affidavits meaning anything) and nobody has a problem with that guy remaining on the bench. Talk about Southern Justice, or as Viki Lawrence sang in one of the greatest songs of the 1970s- That's The Night That The Lights Went Out In Georgia "Well don't trust your soul to no backwoods southern lawyer, cause the judge in the town's got blood stains  laundry detergent on his hands..."  (You know we could do a whole riff on laundry detergent ads that promise to remove blood stains, but by now you've had enough of Ol Hos and so have we). 

Here is the JQC Findings and Recommendation and below that is the FACDL motion. 

Bad Judge Petition - Report & Recommendation by Anonymous PbHV4H on Scribd

Motion - Amicus Curiae by Anonymous PbHV4H on Scribd