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.

Monday, July 24, 2023

CAN THE SAO DO BETTER ?

The Miami-Dade State Attorneys Office has a wee  problem...which I cannot believe has not  been the subject of contention and criticism. Their telephone situation leaves a lot to be desired

I have pride in having a resume that includes being a former Miami-Dade prosecutor. In my decades of having cases against that office, and comparing them with other district attorneys offices, the Miami-Dade County State Attorneys  is way, way  up there. From the top to bottom, it's an upper-echelon office that has produced an array of excellent professionals and there are also plenty of current employees deserving of accolades. However, their telephone situation doesn't correlate to the legal, administrative and people skills that I have given complements to. Frankly, it's not that good; in more technical terms... IT STINKS!

After lunch,  I would say you only have a 50/50 chance of a human being answering.  So many times you just get a recording. Even if you get somebody to answer at the switchboard, you will still most likely, get directed to a filled up, not- able-to-receive-messages voicemail. It is common for ASAs to not update their own voicemail leaving the caller uncertain if the messages are going to the proper persons. Even if you are fortunate to get through the switchboard,  it is not uncommon for the ASAs to not be in proximity to the people answering the phones resulting in the answerer not being knowledgeable enough to take your message. How many times do I spin my wheels giving the secretary all of their requested information  so that they can respond with "that person is not here"? I don't know if many of the staff members are working remotely but sometimes their telephone system sounds like two tin cans attached by a string COVID was from 2020 yet we are inching towards 2024; it's enough already, let's get back to business...normal business!

To all the ASAs that have called me from your cell phone, I view that as a "one shot deal" and not an invitation to regularly call you on that phone. You know, I respect your privacy but, I need to get in touch with you.

To the judges that may read this, this a bona-fide problem that absolutely impacts the administration of justice. To be a high volume defense attorney,  you take a lot of time to make calls in an effort to resolve cases, clarify legal issues and make progress for the clientele...but this telephone issue is an insurmountable obstacle. Some of you judges like to micro-manage, so why are you not concerned about this?  Communications among parties is vital but, in certain regards,  it has definitely become rather elusive. If this debacle was caused by budgetary issues, high turnover rate, etc...so what...you're still one of the largest district attorneys offices around. Your switchboard and secretaries are the first line of interaction with the public meaning regular and attainable communications should be a priority. If you ran a private business like this... you'd be out of business! 

The following may be considered offensive, or even fighting words, Broward blows Miami-Dade out of the water...at least with the ability to call their office. Miami-Dade, think about that...Broward has one-upped you!  This concept may use to be inconceivable ...but not any more.

So, Miami-Dade States Attorneys Office, reaching back to my youth when one of my parents would be in the shower, heard a ring but knew others were in the house... ANSWER THE DAMN PHONE!  


13 comments:

Anonymous said...

Can't you just email ASA's? Or they don't respond to those either? At least with email, there is a record.

I'm sure outdated technology and incompetence are enough to explain the dismal telephone situation. But perhaps some of this inaccessibility is a "feature" rather than a "bug." The State Attorney's Office may have an attitude of "don't call us, we'll call you" when it comes to interfacing with defense attorneys or the public.

Prosecutors may not believe they are obliged to provide reliable means for defense attorneys or non-prosecutors to contact them. If ever they deign to communicate with a defense attorney, they will decide when to do so and will control the communication.

They may think it's not the place of defense attorneys to be able to contact them, just like it is not the place of peasants to summon the king. They may not regard defense attorneys as peers or fellow officers of the court. To them, defense attorneys are just frantic supplicants representing the rabble. If ever they decide to grace you with their presence and grant an audience, they will decide if or when that ever happens.

Anonymous said...

Not just the phones, how about answering an email in a timely fashion! Most ASA's are great but there are about 35% who are maddeningly sluggish in returning emails.

Anonymous said...

It is a serious problem.

Judges: Please get involved and make it division policy for ASAs to return calls and emails within 48 hours.

Your backlogs are primarily due to lack of communication. If ASAs responded to emails and returned calls within a day, or preferably same day, you’d see a massive reduction in cases.

Anonymous said...

What do you expect on tier 3 attorneys who go to the SAO because no private firm would hire them? And get a mere 60K a year as salary.

Anonymous said...

Former ASA here.

The judges have no idea how clogged their dockets are because of poor communication with the SAO. I had a case six months back that was set 5 times on the calendar for PTI. Same thing- ASA cant answer an email or phone call. Leaves everything to the morning of the calendar and then asks for ten days for a reset. Nonsense.

Granted, things got done quicker when people were live and in person, but only because people didn't want to schlep down to the courthouse another day. Nowadays, it's easy to jump on zoom for five minutes and then just reset it. But technology should be making things more efficient, not less. But no matter the technology, if you have non-responsive people, it wont work.

SAO should install software to monitor ASA response to emails. Big companies do. They'd be surprised how non-responsive some ASAs are.

Anonymous said...

If you have email evidence of an effort to contact them and no response, then a judge is going to hold them responsible for not responding. If you copy Leonard Thompson, Chief of the SAO County Court, or his direct supervisor, Stephen Talpins, or Kathy herself, you will get a response.

Anonymous said...

Re: 8.54's comment: The Florida Bar reports again and again that some number like over 60% of the complaints about lawyers are for failure to respond to clients' queries/comments/calls/letters/emails.

Scotty Saul said...

10:54, that is so uncalled for. I guess I was a tier 3 attorney but I have carved out a pretty good life with a job that you consider so loathsome. Not only that, I have developed wonderful life-long relationships with those tier 3 people. With so many former government employees going on to great economic, professional and personal successes, you should tone down your Snob-O-Meter

Anonymous said...

When I was an assistant public defender there was not a lawyer in the city who whose clients received better deals in any courtroom that I ruled. I never called the prosecutors. But when I did they answered. They still do.

Anonymous said...

WTG Scott Saul! Shame on you nasty 10:54.

Anonymous said...

And what is the deal with inserting their middle initial into their email address making it impossiblle to send an email without first confirming the address.

Anonymous said...

I hate that !

Anonymous said...

Another example of weak and soft society. Now even professionals are soooo weak, that they don't want to confront an issue over the telephone. Yes, I get it, you're busy but you can't be that busy that you can't return a call within 72 hours. I've been an ASA too and when I would get back to the office, my voicemail light was always on with usually around 10 voice messages. 3-4 were officers returning call. 2 were victims. The rest were attorneys. Every call got returned and resolved within a 5 minute conversation. Soft ASAs.