Thursday, November 16, 2023

DONE AND GONE: A JUDICIAL REMOVAL-RESIGNATION- A BREAKING STORY

     Are you surprised it took this long? Are you surprised that the lawyer with no experience, no demonstrable legal ability, no trial experience, and no qualifications to win a judicial election other than- and lets just call it as it was- a Hispanic name- is resigning from the circuit bench in the face of an embarrassing removal? 

What we know is that a long history of not showing up, canceling court, being rude to court staff, culminated in the judge "losing their sh&t" in court when a litigant mouthed off - is resigning effective December 31, 2023. The Judge will no longer have a court division as of December 1, and will just burn their vacation time at Florida taxpayer's expense. 

We also know that upon assuming the Circuit bench and being hidden in a dark corner of Juvenile Court, she quickly showed that she had no ability to handle those cases. As the months turned into years, and her work became more embarrassing to the judiciary, more accommodations were made until the Judge was mostly assigned to the domestic violence division (technically a circuit position, but traditionally staffed by County Court judges with their eyes on an 11th Circuit spot after faithfully traveling to all the Federalist Society events in DC)  where she spent her days reviewing petitions for temporary injunctions. 

But she could not even handle that, and as problem upon problem piled up, staff complaining about rude treatment, court being canceled or being late at a rate alarming for even Miami judges,  she was given the opportunity to resign before the accusations became official and public. Discretion being the better part of incompetence, she accepted the offer. 

Do we sound mean and bitter? Yes. This person replaced an extremely competent Circuit Judge based only on her Hispanic sur name, and that not being enough, she pandered during the election to the African American Community, covered by the blog in perhaps one of our greatest posts ever here.  

To recap what remains the absolute high (but really low) water mark of Judicial elections in Miami, the candidate said her volunteer work at Camillus House (something later shown to be an abject and arrant lie) for "colored people" (her words not ours) landed like a bomb at the Wilkie Ferguson Bar event (Wilkie Ferguson was an African American Judge and leader in our community before his untimely death). She followed that gaffe with this legendary statement: "I consider  myself a colored woman" for reasons unclear other than her brain-mouth connection was colored dimwitted.  

And yet- she won. 

We railed against the election of someone so obviously incompetent, who potentially could be presiding over death penalty cases. We raged that elections have consequences, and that this person was being given the power to remove children from parents, sentence people to prison, and most importantly for our civil brethren, sign 57.105 sanctions orders. 

In short, we screamed from the Internet roof tops that being a Judge mattered, and this person had no ability to be a judge. That the rolls of Miami Dade Circuit Judges that included Judge Cowart, Judge Dennis Murphy, Judge Rob Pinero, Judge Melvia Green, Judge Gerald Weatherington, Judge Ron Friedman, Judge Herb Klein,  and Judge Phil Knight, would now include a Rose By Any Other Name. 

We were right. And we have the right to say that. 


32 comments:

  1. The election system of judges is screwed up. There are many competent and deserving candidates. However, some candidates, are unqualified with messy legal careers. Yet, they have - or acquire at the last minute - the magical hispanic last names. Rosy Aponte, is one example. More recently, Teressa Maria Cervera (known as Tylman for all her life until weeks before the filing deadline) targeted the respected, twice appointed, Circuit Judge Lody Jean because of Jean's Haitian last name. Large firms that support such candidates, should be ashamed.

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  2. Will the 11th Judicial Circuit Historical Society take possession of the judicial papers of Judge Aponte so her rulings can be preserved and studied for years to come?

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  3. She was easily the most unqualified, incompetent, rudest, "judge" in this circuit. And that is a very high barrier to surpass. I say, adios to this Aponte disaster. I can only hope that Dava is reappointed as she was one of our best.

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  4. She was easily the most unqualified, incompetent, rudest, "judge" in this circuit. And that is a very high barrier to surpass. I say, adios to this Aponte disaster. I can only hope that Dava is reappointed as she was one of our best.

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  5. Sorry but she got rid of Tunis, and now shes gone herself, all in all a win win. Only bad thing is Desantis will get to appoint some 32 year old prosecutor to replace her.

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  6. Agree with 10:25. She replaced Tunis, who was horrible. Then Aponte got hidden around in various non-important roles until her departure. So in the end, Tunis got booted out and some other judge replaced her. Now Aponte is gone.

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    1. Tunis was the opposite of horrible, but you sound like you are if you can’t tell who is a good Judge when you see one. Show some respect.

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  7. Rumpole … was Judge Peter Adrian worse than Judge Aponte?

    Please tell us?

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  8. Majority of the judiciary is a joke. Bunch of never-worked-in-private-practice-and-I-need-a-check types. Not to mention people who've been lawyers less than 20 years and want to be judges. (Insert roll eye emoji here).

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  9. As pathetic and embarrassing as everything about Rosita Aponte is and was, the trial master put his finger on the worst part. Disbarred and disgraced Jose “Pepe” Herrera put Aponte up to her run against Tunis because Tunis recommended dirty Pepe be disbarred, and the Supreme Court agreed. Look where associating with Herrera got her. Lie down with dogs and get fleas. Karma is often late, but never fails to arrive.

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  10. Aponte was a complete and utter disaster. Her former colleague Espinosa is now promoted to worst of DV.

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  11. Dava Tunis was devoted to being a judge. Tunis is very smart. Tunis knew the law. She cared about trying to be just. Tunis tried and also presided over many significant cases. Tunis may have had an edge to her, and she may have pissed of some powerful people, but Tunis was no Rosy Aponte. I may not have liked Tunis, but I thought highly of her.

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  12. You complain about FedSoc and appointed judges. You complain about Broward judges. But in the same election you voted in Mirabal and Aponte. And don’t say “I didn’t elect them” because you did.

    You’re also the county of Court Broom, and Broward and Miami-Dade collectively have the most viable 3.850s of any counties in the State. Complain away. It gets you readers. It would be better though to do more for the Bar.

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  13. Yes Rumpole. Answer the Peter Adrian question. Did you ever appear before him as a Judge?

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    1. How dare you! Peter CAMACHO Adrian thank you very much!

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  14. Give her two years and she’ll run again and boot another qualified jurist. Miami Judicial elections are a joke.

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  15. Sorry, Tunis wasn't very competent.

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  16. Hey, I am glad she got rid of Dava Tunis. Now we get a right wing nut job ASA in that seat who will want to set the world on fire only to quit in a few years to take a job that pays much better.

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  17. It is a a shame that Judge Aponte did not work out but the judge she replaced, while a wonderful county judge, was an abusive. Insensitive, bossy, inconsiderate,and tempermental circuit judge. And, of course, she was not Latin. If you are correct about Judge Aponte, then good riddance to both of them. Sorry only for the poor bastards with long sentences that offended Judge Tunis.

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  18. They do not take better paying jobs when they leave.

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  19. Let el Aponte go back and work as"local counsel" for a disbarred NY lawyer who somehow is permitted to have a law firm in Coral Gables and advertises on google for clients. She is a disaster, as a lawyer and on the bench. At least Rosemary Usher jones was a asa and actually tried some cases, although not with any success. Rosemary was very rude to her bailiff, John, to lawyers and even to jurors. But Aponte easily surpassed her as the worst ever. Thankfully she was hidden and never presided over any trials. As the Chief Judge recognized who stupid and unqualified Aponte was.

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  20. I appeared before both. Aponte was better than Tunis. Sorry Rump.

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  21. 732 am 🤣🤣🤣🤣

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  22. O.K. So supposedly in advance of a JQC investigation as to excessive time out of chambers, she resigned. How did they determine that? Also, must be terribly disappointing to Aponte haters that it did not have to do with competency. It is a shame that Judge Tunis did not take more time of. It would have been a lot easier in the people that had to appear before her.

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  23. A judge has resigned after serving just over three years on the Miami-Dade Circuit Court bench, despite having run for state court judicial office four times and defeating an incumbent with over two decades of experience.

    Miami-Dade Circuit Judge Rosy Aponte tendered her resignation, however, the state court’s office of general counsel declined to provide any additional information, including the reason for her resignation.

    Aponte graduated from the Whittier Law School in 2007, and following graduation, clerked for the law firm Salehi & Associates, the Daily Business Review reported.

    (Whittier Law School went defunct in 2020)

    Aponte later worked as a partner at the Felicetti Firm, founded by New York attorney Scott Felicetti, whom the state later disbarred for mismanaging client funds.

    In private practice, Aponte practiced in various areas, including insurance coverage defense, real estate and personal injury litigation. But she appeared to have aspirations to don the black robe, leading to her third failed judicial campaign against Miami-Dade County Judge Kristy Nuñez in November 2018.

    https://www.law.com/dailybusinessreview/2023/11/16/breaking-south-florida-judge-resigns/

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  24. 412. Competence ? She was removed from juvenile because she could not hack it. Sent to DV where although it’s a circuit position it is staffed by county court judges she could not hack it and screamed at litigants. They had no where else to hide her. When you continually cancel court for no reason - that’s a competence issue. Not showing up to do your job is a competence issue.
    She. Was. Totally. Incompetent. And who she replaced does not matter. When Nixon resigned did they say he was better than Johnson?
    This person was a CIRCUIT COURT JUDGE with the power to sentence someone to death or life in prison or take children away from their parents. And she had no trial experience. No real legal experience. And before being a judge she was hustling for an accident bust out law firm being run by a lawyer who was not even licensed in Florida.
    Elections have consequences. Would you let the Rosy equivalent operate on your child ?
    She was incompetent. And she got what she deserved. And for three years we had a hole on the bench and other judges had to cover for her. For shame.

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  25. Rumpole: It is a shame that you did not use your persuasiveness to help Judge Tunis not be such a horrible, abusive judge, because if she had not been, she never would have lost to a challenger. And, you can try and blame the fact that challengers that are Latin are taking down the cream of the judiciary, but time and again good judges that are not Latin have beaten off Latin challengers, including Black judges. Your bias in favor of Judge Tunis dripped off the page. It is a shame that her replacement did not work out, but at least the system rid itself of Judge Tunis.

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  26. I actually think Judge Aponte is a very good judge. She is tough but fair. And when she rules against me, it is usually because she is right. Our bench is definitely getting weaker with her departure.

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  27. Apparently also had a JQC complaint pending filed by her ex JA. The plot thickens!

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  28. No. I am biased against incompetent people becoming they have a Latin sur name when they have no other demonstrated ability in law. If people were having a problem with Tunis they had this blog to complain about her. If you read the blog do you really think I would not post comments about a self centered judge being rude? That’s my bread and butter. Sheesh.

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  29. Tuesday, November 21, 2023 2:45:00 PM

    Rosy, I didn't think you could read much less type. Who did this for you? AI?

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