Tuesday, August 29, 2023

HOW DID YOU SPEND YOUR SUMMER?

UPDATE: GLOBAL WARMING A HOAX! No noticeable effects.  Summers are just hot. Deal with it. 



We approach the last holiday weekend of Summer 2023, when heat levels reached such critical levels that even the most ardent Republicans were forced to admit that they lowered their AC "just a bit". 

How did you spend your summer?  Did you try a case? Did you visit Disney? Rumpole spend it (and is spending it) bathing in the North Sea. 

Were you arraigned multiple times? 



Thursday, August 24, 2023

THE BEST PLACE TO GET COFFEE

UPDATE: The world famous REGJB Justice Building Fantasy Football league has SOLD OUT all ten spots. We are considering increasing the league to 12 or 14 teams. If you want in, send us an email and use all your legal skills to persuade us why we should let you in- a statement affirming that you promise to draft a kicker first (or Daniel Jones) would go a long way to convince us that you belong. 


This blog has always said that when we discuss an issue and criticize a lawyer or judge, that we would always allow the recipient of Rumpole's wrath equal time and access to the front page of the blog, with their response unedited. 

And we mean what we say. 

Thus we present Mr. Talpin's response, unedited and in full, to our recent reporting of the criticism of the new procedures in County Court. 

Good morning. I will not debate the merits of our policies or anything else on this blog (other than, perhaps, the best place to get coffee), but wanted to correct some misperceptions about our BOT policy and offer a helping hand when appropriate.

I implemented the updated BOT policy, not Leonard.

BOT was implemented over a decade ago for a number of purposes, including: (1) to reduce our dismissal rate; (2) to ensure defendants get the treatment they need as soon as possible (research shows that treatment is most effective when obtained/given as close to the learning opportunity/event as possible); and (3) to allow the prosecutors to focus on their most significant cases.

Consistent with our goals, I asked our prosecutors to withdraw BOT 30 days after arraignment (or written plea) or 5 days before sounding (if one) or trial (if no sounding), whichever is sooner in new cases. Thirty days is more than enough time for you all to obtain basic discovery. For pending cases, I asked them to be reasonable about the amount of time they provide to accept. I also advised that we would extend the deadlines as reasonable and appropriate to ensure fair and just case resolutions. Some of our prosecutors have taken the initiative and applied the updated BOT policy in other cases. I applaud those efforts.

As with any change, there have been some glitches. However, as I said from day one, we are more than happy to address them and accommodate requests in appropriate cases. In fact, I have helped both of the lawyers who reached out to me.

I hope this alleviates the apparent confusion. If any of you feel that we should make an exception in one of your cases or would like to address any other issues, feel free to call or e mail Leonard or me. Leonard’s e mail is leonardthompsonjr@miamisao.com; my e mail is Stephenktalpins@aol.com. If the issue is urgent, my cell is 305-610-3585.

Thank you and have a great day.

Stephen K. Talpins

Wednesday, August 23, 2023 9:24:00 AM


Rumpole Responds: So, to be clear, Mr. Talpins, like a former president and current defendant in four criminal cases will NOT participate in a debate (on the policies of the SAO). So be it. We wish him a better future than the other person who did not debate this week. And we also thank him for his response. Communication between the State and Defense is key to a well-functioning court system. 

Meanwhile, in general a Starbucks Americano is our go-to drink. And if you really want to get coffee bougie, then any coffee from a Peaberry bean is the best you will ever taste. If you're in NYC then Blue Bottle Coffee is the best place to go. Their New Orleans-Chicory coffee will rock your world.  What say you Mr. Talpins about our coffee picks? 


Wednesday, August 23, 2023

TWO NEW JUDGES IN MIAMI-DADE COUNTY .......

THE CAPTAIN REPORTS

AND YOUR TWO NEWEST JUDGES ARE .....

JUDGE LAURA GONZALEZ-MARQUES

Judge Gonzalez-Marques moves from the County Court bench to Circuit Court. She became a member of The Florida Bar in 2009. She worked with the law firm of Kobre & Kim until her appointment by Gov DeSantis to the County Court in September of 2021. In less than two years she takes over for Judge Michael Hanzman who resigned earlier this year.

JUDGE RITA CUERVO (aka Ritamaria Gonzalez Cuervo)

Judge Cuervo has been a member of The Florida Bar since 2005. She has been an associate with the law firm of Andrews Biernacki Davis since 2018. There she primarily handles PIP and insurance defense cases. She began her career as an APD in Miami-Dade County. She now moves to the County Court bench taking the seat previously occupied by Judge Fred Seraphin who retired earlier this year.

Happy (and surprised) to see the appointment of Ms. Cuervo. To date, Gov DeSantis has been in office for four years and seven months. In that time, he has made 230 judicial appointments. Of those 230, a staggering 147 were at one time an ASA, AUSA, or AAG (64%). Compare that to a total of 13 of 230 that were either an APD or AFPD (5%). Even more shocking, of the 230 appointments, 78 moved directly from the office of ASA, AUSA, or AAG to the bench (34%) compared to a whopping two (2) who came directly from the public defense side; one was an APD and the other was an AFPD (.008%).

IN OTHER NEWS .......

Gov. DeSantis appoints three to the Florida Museum of Black History Task Force.  

The three appointments include Brian Butler, Berny Jacques, and Antony Lee. Butler, President and CEO of JCB Construction was quoted as saying as to his successful career in the construction industry: “I owe it all to my great granddaddy who learned the construction trade as a slave working on a plantation in Georgia. But for him, I may have never gotten into the construction industry”.***

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

***The quoted section is what we call a joke.



Tuesday, August 22, 2023

SUMMER DOLDRUMS

As we sip wines in Europe, and quaff an occasional ale, Judges continue to act poorly. Or in this case, former judges. 

Just a reminder, even if you're a former judge and now just a lowly lawyer, YOU NEED TO DO YOUR CLE OR YOU WILL BE SUSPENDED ( as you just found out along with the rest of your collegaues via an article in the Florida Keys newspaper. ). 


COUNTY COURT CONTRETEMPS

Long time and careful readers of the blog will recall when there was a Komisar of County Court, who tried to rule with an iron fist. Where is she now? 

Well, in any event, there is a NEW COUNTY COURT SHERIFF in town (let's call him Sheriff Lenny), lately of felonies, and now, along with a former Chief of County Court who is whispering in his ear, the two of them are forming a cabal and want lawyers to know the FUN TIMES ARE OVER! 

Discovery? Think hard about asking for it- bad things may happen. 

Want BOT? Better JUMP when they saw now- BOT deadlines are being issued in hours, not days, as in "counsel, failure to respond to this email within the next two hours will result in BOT being withdrawn, and the prosecution seeking jail, not that we ever threaten defendants or punish them for going to trial."

Trial Days: When the state says "ready" they are ready, and they do not need to have their witnesses in court. A ready announcement will result in a jury being brought down. 

Put another way, the ways of doing things for the last 50 years have changed in county court now that there is a NEW SHERIFF IN TOWN. The state doesn't need to have their witnesses in court. Think they don't have witnesses? Start voir dire and see who shows up. 

Let's see if the County Court Judges have the cojones to put an end to this madness or let's see if SHERIFF LENNY wins the stare down with the state and the defense. 

The sad part of this is that new prosecutors are being indoctrinated with the ethics of pushing defendants around. Back when Janet Reno was State Attorney, she called each one of them into her office and said a few simple things like "do the right thing", "go where the evidence takes you and don't pay any attention to politics or pressure",  and "the proudest moments you should have as a prosecutor is for the cases you do not prosecute because that is the right thing to do". 

If you're a new prosecutor and reading this, just remember one of Rumpole's maxims: "You will spend a career building a reputation, and you can ruin it in a moment" (like if you're a division prosecutor and a judge removes you from their division for acting sleezy, which has been known to occur from time to time....right?")


Sunday, August 20, 2023

KENNY MARIVIN HAS PASSED AWAY

 Former Dade PD from the "glory days"- Kenny Marvin, has passed away. We knew Kenny, and liked him and admired him a lot. He was a great guy and a very committed Public Defender, 

Here is the email from our chief judge: 


Good morning,

 

As most of you have heard by now former Miami APD and retired bar counsel, Kenny Marvin, passed away early Tuesday AM. Kenny left the Miami PDO over 25 years ago but the Kenny stories are still alive and well.  He was a great lawyer and a great person and he went on to enjoy a successful career with the Fla Bar until he retired.

 

I have been in touch with Theresa Flury, his ex-wife and mother of his son, Eric.  They are obviously devastated. Theresa and Kenny were a model of divorce and still very close. Services are going to be private. He will be laid to rest with a UM hat and  a pack of cigarettes. Theresa asked me to pass the below information on.  I have included as many on this email in the BCC as I could think of but feel free to share the information with people who knew and loved Kenny.

 

Please feel free to send condolences and your best Kenny M stories to Eric and Theresa:

 

Eric Marvin

3467 Daylily Lane

Tallahassee, FL 32308

ericmarvin187@gmail.com

 

Theresa Flury

1004 Brookwood Drive

Tallahassee, FL  32308

taflury4@gmail.com

 

If you wish donations can be made in his name to St. Jude Hospital:

 

https://www.stjude.org/donate/prospects-tssl.html?sc_dcm=58700008008698866&sc_cid=kwp&sc_cat=b&ds_rl=1290690&ds_rl=1291300&ds_rl=1285465&gclid=CjwKCAjwivemBhBhEiwAJxNWN-Cz2j5zrvAvQ0MWnekfPvhpBtAGCr0zP9gC6oR9EZSiLdnPFjvMsBoCdSUQAvD_BwE&gclsrc=aw.ds

 

Saturday, August 19, 2023

CLICK

 On our travels whilst in Europe we frequent museums, which for those robed readers under 40 who live on their phones, a museum is a place that acts as a depository of art and artifacts. In the art exhibits, the painting is displayed and many times a brief description of the artist and the provenance of the painting, along with some information about the painting, is displayed next to the painting. 

So for example, a Monet of a Bridge over a pond of Waterlilies might contain a brief description of Monet's garden and the specifics of this waterlily painting- Monet made many paintings of waterlilies. 

Monet's iconic bridge over waterlily

We have noticed a disturbing trend, mostly amongst Americans and Chinese females.  (NB- there is NOTHING politically incorrect to note that a particular race and sex seems to act in a certain way if the objective evidence backs up the observation. If you feel otherwise, stuff it.) *

They are racing from painting to painting, taking a picture of the painting with their phone, then taking a picture of the description, and then racing on to the next one. There is no quiet contemplation of the strokes in a Van Gogh haystack, or a Monet waterlily. There is no re-wiring of the brain; no soothing conversation of beta waves into alpha waves.  Just a race to record the art and the description on their phone- which you can get by buying any book in the gift store about the exhibit. 

It's sad. It's depressing. There's a miracle in Van Gogh's repeated painting of large cypress trees in Arles, or the satisfaction of discovering the reflection of a branch overhanging a pond in the water, in a Monet. 

So, if you find your way to a museum, something we sadly lack in South Florida, and Florida for that matter...relax. You don't need to take a picture of Starry Night. Everyone (robed readers excepted) knows the painting. We don't need to see it on your Snap-toc, or a selfie of you standing in front of it on IG. Look at the art; absorb it; let it soothe your soul (except for robed readers north of the border who have no soul); and if need be, invite a friend out for a glass of wine at a cafe and explain what it meant to gaze upon Starry Night, and how it moved you. 

Starry Night 


In other words, stop and smell the roses and gaze upon the haystacks and waterlilies.  It will do more for you than a well written response to a misbegotten 404b motion. 

HR, Esq.


* We get that there are racist stereotypes that are offensive and that in a general sense people do not all act in a certain way just because they are a member of a race or group. But we are here to tell you that over the course of three museums in one week, once we began to count, we noticed that of all the types of people in the galleries, women from China were at about a rate of more than 9 to 1 taking pictures of every picture and every description. Why? We have no idea. Maybe they are being nice and want to share it with their family back home.  But objectively, it was a noticeable trend. Just as it was that almost all Americans, regardless of sex, were doing the same thing. Now compare that to people who, based on the language we heard them speaking, were not Americans, who were simply looking at the art. Families with English accents were chatting about Van Gogh in Arles;  Germans were discussing the difference between Van Gogh's paintings of gardens that were composed of dabs of paint versus his strokes when painting the giant green cypress trees.  It is the difference between enjoying the moment, and needing to prove to the rest of the world where you were and what you did. We Americans have it all wrong. 

Tuesday, August 15, 2023

PRESIDENTIAL QUAGMIRE

Prologue: The objective of this post is to not make a political statement but rather just talk criminal law. Also, this is in no way an attempt to sound authoritative about the former President's four pending cases.  

Donald Trump has four cases in four different jurisdictions. There are some dynamics about these cases where a possible interpretation may be that the allegations involve violence, threats of violence, obstruction of justice or other categorizations that prosecutors routinely utilize to ask for pretrial detention or limitations on freedoms while out on bond.  For the good of appearances for this country, and from the perspective of the four powers that be, there may be reasonable apprehensions as to treating a former President as a common criminal yet, how do you explain the [seemingly ] distinguishable manner that Trump has been treated versus how the masses (where most  are comprised of minorities and people of a lower economic status) have always been treated?  

No perp walk
no guns being drawn, 
not being cuffed, 
no lengthy bonding out process, 
no enforced rules on pretrial conduct, 
no limitations ?
etc?

If anybody else had such a cluster of criminal litigation covering a spectrum of criminal statutes, as well as an [apparent] display of disrespect and aggression towards the judiciary and prosecution, would they receive the same accommodations? 

Common sense may dictate that treating of a former President in  [as perceived to some as ] an oppressive manner may relegate the Presidential image to that of what many of us look down upon in less sophisticated countries but... how do you explain this to the multitudes that have been treated so much worse? There are prisoners locked up for years just waiting for their day in court. Having pretrial detention severely limits an accused's ability to coordinate, formulate and finance a defense. Think of the people locked up for years that are eventually exonerated. Think of the court that rules "proof evident/presumption great" and then a jury immediately acquits.  There can be, no doubt about it, different standards of justice depending on your social status, size of your wallet and color of your skin.

Judges, prosecutors and correctional officers; what do you say if if an accused remarks, "Why are there different standards of justice? Why can't I be treated like Trump? Why are you cuffing me, you didn't cuff Trump? Why did you revoke my bond...I only have two cases...and they are not crimes of violence?  Frankly, any devoted, justice-minded participant in the criminal justice system, whether you are a judge, prosecutor, defense attorney, correctional  officer or administrator ...this juxtaposition of the "haves" versus the "have nots" should be so very alarming.  Could and should this extreme and unique special treatment be legal precedent for the common defendant?  How can it be ignored ?


Monday, August 14, 2023

GEORGIA PEACH

 Donald Trump has been indicted in Georgia along with all your favouite election denier friends including Rudy Giuliani, John Eastman, Esq., Mark Meadows (former chief of staff), Jeffrey Clark (former Justice Department Official), Jenna Ellis (former Colorado ticket lawyer-really), and everyone's batshit crazy lawyer Sydney Powell, Esq.

We have the indictment below. 

They are drinking bourbon tonight at the Georgia criminal defense bar! Yee haa!  Drinks on them as they all got themselves a buncha new clients. 

The charges include a RICO violation, a buncha conspiracy charges y'all for a whole bunch of stuff but not, as had been speculated, "whistlin dixie in the dark.

More to come. 

And now, coming at ya, one of the greatest songs of the 1970s, Vicki Lawrence, and from 1973 That's The Night That The Lights Went Out In Georgia ("that's the night that they hung an innocent man. Don't trust your soul to no backwoods southern lawyer, cause the Judge in the town's got blood stains on his hands..." )




Can there be any better advice to the former President than "don't trust your soul to no backwoods southern lawyer.."?


Indictment Georgia by Anonymous PbHV4H on Scribd

Sunday, August 13, 2023

RUMPOLE AND THE OUTLIER

 As August enters the second half, Rumpole repairs to Europe, where the temperatures are cooler (so we are not in Italy or Southern France) and shall remain here until Labor Day. Posting will be infrequent, but consistent. Should one of our robed readers say or do something natural (read ....umm what's a nice way to say "dumb?") we will be on it like a Prosecutor on POTUS 45. 

The dog days of August see Rumpole perfecting his EU citizenship, sipping cool ales whilst seated at a café as the sun sets around ten p.m., people watching.

And reading.

Currently we are reading “The Outlier”, a new biography of the 39th President of the United States- James Earl Carter. We were bemused to learn that the author of the book- Kai Bird, was also the co-author of American Prometheus- the subject of which- Robert Oppenheimer is now all the rage at the cinema. 

The introduction of The Outlier informs us that it is time for historians to revisit and re-assess the Carter administration. For example- (all quotes are from the book):

“He anticipated an end to the cold war and proclaimed an end to our ‘inordinate fear of communism.’”.

“Seatbelts and airbags would become mandatory [during the Carter administration] and save tens of thousands of lives a year”;

He placed millions of acres of Alaskan wilderness under federal protection…”;

He tended to think that he was the smartest fellow in the room, and he often was”;

He talked about climate change before it was ever fashionable. He was a premature environmentalist”;

He deregulated the airline industry and opened up air travel to millions of middle-class Americans”;  Future Supreme Court Justice Stephen Bryer helped write the airline deregulation act;

No president since Johnson had more legislative victories in his first year of office”;

"He created the Department of Energy"; 

"He deregulated the energy industry allowing for the creation years later of fracking technology that allowed the US to become a leader in the export of natural gas".

"His energy policies reduction importation of foreign oil by 40% over four years".

Fun fact: Carter appointed over sixty consumer advocates to positions in the government, including several “Nader Raider” activists who worked with Ralph Nader, including the heads of the EPA and the Consumer Product Safety Commission.

 One starling fact: Before assuming office, there were eight female federal judges (1.4%); twenty African American Judges (3.5%); and five Hispanic judges (0.9%). In four years, Carter appointed forty-one female judges, thirty-seven African American judges, and sixteen Hispanic judges. Carter appointed more minorities to the federal bench than all previous presidents combined.

And of course, there were the Camp David Acords and peace between Israel and Egypt- a peace that has held over forty years. 

All in all, it is a refreshing look at a presidency that should not be simply defined as a failure. 

Wednesday, August 09, 2023

DESANTIS STRIKES AGAIN - SUSPENDS ELECTED STATE ATTORNEY MONIQUE WORRELL .......

THE CAPTAIN REPORTS:

DESANTIS STRIKES AGAIN .......

Governor Ron “Sanctimonious” DeSantis suspended today elected State Attorney Monique Worrell, of the 9th Circuit (Orlando & Osceola Counties), for Neglect of Duty and Incompetence.

Worrell was elected in 2020 with 67% of the vote and would be facing a reelection campaign next year. She is a Democrat.

Aramis Ayala, also a Democrat, was elected State Attorney in the 9th Circuit in 2016. In March 2017, former Gov. Rick Scott removed her from handling capital cases, which were reassigned to Ocala based State Attorney Brad King. Ayala challenged the decision, but the Florida Supreme Court backed Scott.

In January of 2020, Governor DeSantis pulled Ayala from a high-profile murder case, issuing an executive order that cited her objections to the death penalty. Ayala has been caught up in a dispute with Osceola County Sheriff Russ Gibson over her decision to not file criminal charges against two suspects in the murder of Nicole Montalvo. Montalvo, a 33-year-old mother, was dismembered and her remains were found on two properties in Osceola County. Alaya did not run for re-election in 2020 and instead ran for Florida Attorney General against AG Ashley Moody, in 2022, losing to Moody.

In August of 2022, DeSantis suspended State Attorney Andrew Warren (a Democrat), of the 13th Judicial Circuit (Tampa), after Warren signed two joint statements, saying he would refuse to prosecute crimes related to abortion and gender transition treatments for children.

Now it’s Worrell's turn to be in the firing line.  DeSantis’ Order cited to Worrell’s office policies on failing to enforce the law related to many violent felony cases. DeSantis detailed a series of cases over the past two years where those accused of gun crimes, drug-trafficking and other offenses received reduced sentences or had charges lessened or dismissed in Worrell's circuit. According to DeSantis’ Order:

MINIMUM MANDATORY GUN CASES:

1. the Osceola County Sheriffs Office reports that it referred 58 non-homicide Robbery with a Firearm cases to the Ninth Circuit in 2021 and 2022. As of May 2023, only one of those cases had resulted in the minimum mandatory sentence of ten years. Similarly, during that same two-year period, the Osceola County Sheriffs Office referred 11 non-homicide Carjacking with a Firearm cases to the Ninth Circuit, but only one had resulted in the minimum mandatory sentence of ten years. The Ninth Circuit also received 14 non-homicide cases involving Home Invasion Robbery with a Firearm from the Osceola County Sheriffs Office, yet not one of those arrests resulted in the minimum mandatory sentence. Finally, of the 130 cases involving Possession of a Firearm by a Convicted Felon referred to the Ninth Circuit in 2021 and 2022 by the Osceola County Sheriffs Office, only five had resulted in a minimum mandatory sentence. 

DRUG TRAFFICKING MIN MANS:

2. the Osceola County Sheriffs Office reports that it referred 32 drug trafficking cases to Worrell's office in 2021, but as of March 2023, only three have resulted in a minimum mandatory sentence. Of the 64 drug trafficking cases referred in 2022, none have resulted in a minimum mandatory sentence.

JUVENILE OFFENDERS

3. the Ninth Circuit has used a variety of techniques to allow serious juvenile offenders to evade incarceration where it would otherwise be appropriate. Assistant state attorneys are generally prevented or discouraged from "direct filing" cases (whereby juveniles are charged as adults) and are encouraged to effectively drop charges against juvenile defendants, either by not filing the charges in the first place ("non-files") or by voluntarily abandoning the charges after they have been filed ("nolle prosequis");

4. data establishes that during Worrell's tenure as the State Attorney, the Ninth Circuit is last of all 20 circuits in Florida in the percentage of juvenile felony cases, including firearm-related felonies and violent felonies, that are direct filed based on the most serious offense disposed. In addition, the Ninth Circuit has consistently been first among all circuits in the percentage of juvenile felony cases, including firearm-related felonies and violent felonies, dropped as a result of a non-file or a nolle prosequi

You can read DeSantis' 40 page ORDER here:

Worrell held a press conference today blasting DeSantis. She called DeSantis a “dictator” and said his actions were designed to draw attention away from his struggling presidential campaign. 

“This is simply a smokescreen for Ron DeSantis’ failing and disastrous presidential campaign,” Worrell said. “He needed to get back in the media in some positive way that would be red meat for his base.”

She said that recent statistics showed that crime had dropped in Orange County and the city of Orlando under her time in office and that she intends to run for reelection in 2024. She has already filed her campaign papers and she has so far drawn one opponent.


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


Tuesday, August 08, 2023

BROWARD TURNS TO DADE FOR HELP

 Not man bites dog, but almost. 

For those of you who venture north of the border, to the land of perpetually scowling judges and where everyone seems very unhappy, you know that there is a shortage of Broward Judges for all sorts of reasons including retirements and judges acting badly. And in our opinion that's a good thing. The less Judges up there, the better the world is. 

BUT, cases need to be adjudicated. 

And into the breach a retired Dade Judge has heroically stepped in. 

We are speaking of none other than the man, the myth, the judicial legend, retired Judge....

LEON FIRTEL! 

Ta da!

Stepping into the abyss

Miami-Dade law in the land of no remorse. 

Miami-Dade law in the land of judges that hug prosecutors. 

Miami-Dade law in the land that was known for DECADES where judges went out of their way to call lawyers from Miami last. 

Miami-Dade law in the land where Broward Judges loved to tell Miami  lawyers that "bonds are like elevators, they can go up or down" when a Dade lawyer would file a bond reduction motion.  And then they would raise the bond and the deputy sheriffs leading your client back to jail would whisper to them to hire a Broward lawyer if they wanted to get out. 

Miami-Dade law in a county where the word "Miami" was verboten. 

Miami-Dade law in the land where one county court judge infamously closed and locked his doors at 9:01 and issued bench warrants for clients who showed up a moment later and could not get into the courtroom. And where lawyers were also locked out even if their client was inside.

Miami-Dade law in the land where prosecutors routinely said under Mike Satz "I know your client is innocent but our office's policy is to let the jury decide."  (Yes, they really said this, thousands of times). 

And finally, Miami-Dade law in the land where Broward Judges ROUTINELY took clients into custody AFTER THEY WERE ACQUITTED for "records checks" that could and would last days. (Yup, they really did this all of the time in the 1970s and 1980s, mostly to clients with Dade Lawyers. The judges also had a nasty habit of revoking your client's bond at the sounding before trial "So that ah know that he's gonna show up for trial counsel"). 

Good luck Judge Firtel!  Broward courts are one of the reasons the good lord invented long, hot showers. 


Monday, August 07, 2023

PROFESSIONALISM

 There is a "professionalism survey" being conducted and the topic alone is fodder for a dozen blog posts. So let's just get to it, but first, DIDJA KNOW that if you're a member of a law firm and your partner files a notice of appearance for a defendant and asks you to visit the client at DCJ or any of the local jails, Miami Dade Corrections will NOT let you see the client because YOU (as opposed to your firm) are, in their considered legal opinion, not representing the client. Thanks to an alert reader who sent us this disturbing information. 

Anything anyone wants to do about this ridiculous state of affairs? 

PROFESSIONALISM SURVEY 

The Miami Dade Bar Association (Motto: "Rumpole may not join") is conducting a Professionalism Survey. 

DO NOT log on and answer the questions as you think the late, great, Alex Michaels would have done so ( we already did it). 

Just answer honestly. Really, We mean it. 

The SURVEY IS HERE.


And last but not least, no professionalism discussion is complete without remembering that on this date in 2007 we lost one of the all-time great REGJB lawyers and people: Sy Gaer. We miss him. 




 


Sunday, August 06, 2023

FOOTBALL 2023

 Good Sunday Morning.  Time to stop chatting about indictments of former presidents and answer this question: Are you ready for some Football, REGJB style? 

August sees the hallowed halls of our old gray lady, the REGJB, filled with gaggles of young lawyers in new suits wandering around, looking a bit overwhelmed as they start their new jobs as Assistant Public Defenders and Prosecutors. "Where's the nearest Starbucks?"; "Can I Doordash a chicken Caesar wrap to my office?";  "What exactly is Williams Rule evidence or a Richardson hearing?"; and "What is this I hear about the Blog and football?". 

Relax, in six months you will be complaining about your Judge showing up twenty minutes late every morning, and confidently announcing ready for trial as you Snapchat "OMG did you hear what Judge X said to the defendant in her court this morning?"  

Here's what you need to know about the Blog and Football.  We have two contests:

First.... 

The earth shaking, heart stopping, body rockin, pants-droppin, lovemakin, viagra-takin, booty-shakin, history-makin, award-winnin, legendary ....E STREET BAND ....JUSTICE BUILDING SURVIVOR POOL!!!! 

The rules are deceptively simple. Look at the schedule for the week and pick one team to win. That's it. No spreads, no odds, just one winner. When your team wins, you move on to the next week. If your team loses, you're out like a lawyer with a conflict trying to represent a former president. 

It's harder than it looks.  The main rule is once you pick a team you cannot pick that team again for the rest of the year. And there are a few other wrinkles. First, you get one bye- a week where you do not have to pick a team. Use it wisely. Second, during the year we run contests for a second bye and we always start with the first game of the year, which this year is the World Champs KC Chiefs vs. the Detroit Lions on THURSDAY SEPTEMBER 7. Don't miss the first game and a chance to win a bye. 

You have to email your pick for the week before the game you want to pick starts. It's safest to email us on a Friday or Saturday. But if you want to pick the Sunday 8pm game and email us at 7:55, you're still in. 

EMAIL US AT FBPOOL12@GMAIL.COM- no other email is acceptable, including our regular email (are you reading this Mr. Markus?).  Send an initial email so we can add you to the player's list and the Subject Line of the Email should be "I don't have classified documents". 

For Game one- pick the combined score of the game and win a second bye- you have to hit it on the head. For example- if you think the Lions will win 20-10 then your pick is 30. 

Former Judges, current judges, and of course everyone's favourite player Fake Alex Michaels will all be playing this year, so send us an email and join the league. 

Have fun. 

THE JUSTICE BUILDING FANTASY FOOTBALL LEAGUE

Another world famous and much talked about REGJB Blog event is our fantasy football league.  Don't be surprised if just before jury selection you see your opponent deep on her phone pondering whether to pick up the Miami Dolphin running back that Judge De La Over just dropped in favor of adding the rookie WR from the Bears. And so it goes in our FF league which is highly competitive and a whole lot of fun. 

YOU CAN SIGN UP HERE

THE DRAFT IS SUNDAY SEPTEMBER 3 AT 5 PM. 

As long as we do not miss the draft, as we did last year, we cannot imagine not winning the championship following our patented draft strategy of kicker, QB, WR, RB in the first four rounds. 



Wednesday, August 02, 2023

A SEISMIC SHIFT

We awake to a new landscape in America today. It is not, as Ronald Wilson Reagan said, "morning in America again". It is, as Winston Churchill said, "not the end, not the beginning of the end, but perhaps the end of the beginning." 

We are speaking about the second federal indictment of the 45th president of the United States for conspiracy to defraud the United States which was unsealed on Tuesday of this week. 

Think about that last sentence and cringe that such a sentence could be written about a former president. 

And then be proud that we live in a country where such a sentence could be written. 

The indictment is a remarkable document. Words matter. When people in power lie with the intention to disenfranchise the American electorate, it is a crime.

Item: The defendant REPEATELDY and publicly stated 36,000 non-citizens voted in Arizona when both authorities in Arizona and his own election team investigated the claim and found it to be untrue. [Indictment, para. 19]. Having been told it was not true, the president continued to tell the American public it was true. 

Item: After his chief of staff PERSONALLY witnessed the Georgia signature verification process for ballots and told the President that it was being done correctly, the President told the American public that the Georgia officials were "terrible people" trying to obstruct the signature verification process. [Indictment, para. 28]. 

Item: The defendant repeatedly told the American public that 5,000 dead people voted in Georgia after being repeatedly told by his own staff and the Georgia elections officials that the number was two. [Indictment para, 31c].  The defendant then attacked the Georgia officials and tweeted that the number of dead people who voted in Geogia was over 10,300. [Indictment, para. 33]. 

Item: After stating that more than 205,000 people had voted in Pennsylvania than were registered to vote, both officials from Pennsylvania and his own campaign told the defendant that number was not correct and the official vote tally was less than the number of registered voters. The defendant then publicly and continually made that claim and called the Pennsylvania officials "cowards".  [Indictment, paras. 40-44].  The defendant then made the same claims about Wisconsin after being told the same thing. [Indictment, paras. 50-52]. 

WORDS MATTER. Read the indictment. What the former president and his cabal of co-conspirators did was unconscionable.  We never thought we would say this, but God Bless the Prosecutors working on this case with the courage to bring this indictment. 

Speaking of courage, when Rusty Bowers, the Speaker of the Arizona house, continually refused to say what the former president and his co-conspirators told him to say (that the election results in Arizona were based on fraud that affected the outcome) he was publicly attacked by the former president at the time he was president and lost a primary election. Bowers had told the former president and his coconspirators at the time that he would not "play with the oath" he had taken to uphold the Constitutions of Arizona and the United States, Bowers was subsequently the recipient of the John F. Kennedy Profiles In Courage Award. An award that will never be mentioned in the same sentence as the defendant and his co-conspirators. 

Speaking of co-conspirators, we think the following: EVERY unindicted co-conspirator in the indictment will be charged in a superseding indictment, and that includes Rudy Giuliani (CC#1), attorney John Eastman (CC#2), attorney Sydney (wack-adoodle) Powell (CC#3)and former DOJ official Jeffrey Clark (CC#4).   

We live in a country where no one is above the rule of law. Make no mistake about this, this indictment is seismic shift in the prosecution of the former president. The indictment in the SDFL is a Hialeah traffic ticket in comparison to these charges. The former president will be found guilty and he should be sent to prison for the lives he ruined and what he tried to do. 


If the indictment doesn't come up (we are experiencing technical difficulties, here is a link to the indictment in PDF format.) 


Indictment 2 by Anonymous PbHV4H on Scribd

Tuesday, August 01, 2023

THIS DAY IN HISTORY JUDGE ED COWART PASSED AWAY

Considered the greatest state court in Miami Dade County's checkered history of judges, the great Judge Ed Cowart passed away on this day in 1987. 

We remember him well; his "bless your soul" responses to objections, and how he took to calling a lot of people "pardner". 

You may notice a few remarkable things about Judge Cowart: He wasn't 35 years old when he was on the circuit bench; he didn't just call balls and strikes; he spoke from the heart and was brilliant- all qualities of no-importance to the federalist society cabal of DeSantis gum-smacking judges. 

This dear readers, was a JUDGE. Take note.