We are hard on those who wear robes for a living. Much of the criticism is well deserved, and a little bit of it has brought about some well needed changes in the judiciary. Often times, we just take shots at those ill equipped to defend themselves when off the bench (like that was a cheap shot right there).
But the fact is that Judges come from being civil lawyers, prosecutors, defense attorneys, and there are rumored to be a few who are not members of the Federalist Society- of whom almost none can have a serious conversation on the epistemology of the philosophy of said judicial breeding ground beyond "I just call balls and strikes and don't legislate from the bench" pablum they have been forced fed.
Which leads us to Judge Scott Cupp of the 20 Judicial Circuit of Florida (Motto: "Y'all are welcome here, even youens from Miamah") who is resigning the bench after a decade or so, to continue his defense of former client Leo Schofield who Judge Cupp is certain sits in prison wrongfully convicted of the murder of his wife.
Yes, you Judges read that correct between munching your Cuban toast, sipping your cafe con leche, and signing your name to Rule 3.850 orders prepared by prosecutors denying motions you haven't read.
There is a Judge, in Florida, who is taking a principled stand and resigning his cushy job to right a wrong.
The NY Times article we read, and also sent to us by a retired Miami Judge who is a great fan of the blog, is here.
The case involves a podcast we recommend, as well as the confession of a mentally disturbed man to committing the murder in this case and who took other people to the area where the victim in this case was murdered; who is serving a life sentence for beating and robbing someone, and - steady yourself- whose fingerprints were found in the woman's car. And there is no known association between this man and the woman murdered, meaning for you judges who like to deny Rule 3's, there was no reason for this man's prints to be in the victim's car.
All of which engendered this thoughtful response by the prosecution:
If we thought that Leo Schofield, or any other inmate, was innocent, we would take immediate action to right that injustice,” said Jacob S. Orr, chief assistant state attorney for Florida’s 10th Judicial Circuit. “However, the state cannot ignore the overwhelming amount of evidence that has proven Leo Schofield guilty.”
Judge Scott Cupp, who told the Times "I am done sitting idly by and letting the State assault this man."
Are there Judges Rumpole admires? You bet. You're reading about one right here.
It's Scott CUPP.
ReplyDeleteFunny, when he was appointed—by Governor Rick Scott—you said he was a career prosecutor even though he wasn’t. And, there are numerous judges who have been criminal defense lawyers some of whom tried—and won—first degree murder cases. But rarely do you ever blame the defense lawyers for doing a poor job when a defendant is convicted. I agree prosecutors are often overzealous, but the Bar on both sides has many subpar lawyers.
ReplyDeleteOMG Rump! You spelled his name wrong once in this article
ReplyDeleteNo, he spelled it "Culp" about a dozen times before correcting it after the 10:09 comment. He missed one.
ReplyDeleteOf all the cheap shots to take at a blog that you hate but cannot stop yourself from reading, wrongly attacking me for a typo seems bizarre.
ReplyDeleteLet’s give props to a member of our community who “walks the walk” to achieve justice.
ReplyDelete