There is a lot that we can say about former Judge Ralph Person. He served in the REGJB during the 1980s and for a time was the chief administrative judge for the criminal division. He was a judge's judge. We often muttered to ourselves while appearing before him that we were glad we never encountered him at a poker table- you never knew how he was going to rule. He was fair; smart; kind; judicious; experienced- the kind of judge you want in a case.
All of that should be said about him before noting something that is important, but is not critical to who he was. He was, we believe, the first African American administrative judge of the criminal division in Miami. Our point is that his race did not define him- his abilities did. He passed away this week at age 79 and the obituary (with a picture) is here.
There is one more thing to say about Judge Person, and because this is an REGJB blog, it unfortunately must be said. His downfall was Shakespearian in nature.
The Court Broom corruption scandal broke across the Miami legal community in 1992 like a bomb going off. Circuit and County Court judges were arrested and indicted in federal court for a variety of bribery schemes, the largest of which was circuit judges selling lucrative court appointments for kickbacks. Circuit Judges Gelber, and Sepe went to prison, as did former circuit judge David Goodhart, and County Judge Harvey Shenberg (for selling a CI's identity for tons of cash). Lawyers who paid the judges kickbacks also went to prison.
Judge Person had nothing to do with all of that. And here's where his story takes an awful turn.
The feds needed a judge of impeccable character to testify to the jury about the code of judicial ethics and what a judge could and could not do. The obvious choice was the most respected judge in the REGJB at the time- Judge Ralph Person.
Unbeknownst to everyone, Judge Person had borrowed money from a lawyer, and that lawyer still practiced before him. It was not bribery, but it was wrong, and the defense found out, and they -rightfully so -threw a haymaker punch against the government's case. It did not work, all the judges except for Phil Davis, were convicted. Davis has his own downfall story, and currently is in state prison, but that is a blog post for another day.
Person resigned. No criminal charges were filed, but the bar went after him like a judge chasing a lawyer for a fundraiser. He resigned from the bench immediately, and then the bar, and we lost one of the best judges to serve in Miami, because like all of us, he had some human frailties.
We do not know how he spent the next thirty years of his life. We lost touch with him. We hope he found peace in his life, and we mourn his passing as a good man and a great judge undone by a tragedy that would have been rejected as a script for a Hollywood movie.
Ralph Person’s downfall didn't come directly from his false trial testimony. After the defendants were convicted, defense counsel learned that he had lied on the stand about certain matters and passed that information to the government. Ralph Person was then interviewed by FBI agents, in his office, and was questioned about a $10,000 loan he received from a friend of a lawyer that appeared before him and gifts received from that lawyer. He told the agents he never received the loan or gifts. The agents went back a second time (they had spoken to the lawyer that arranged the loan and gave him the gifts and who received appointments from him) - - giving him a chance to recant - - but again he denied ever receiving the loan and the gifts. (Ralph had been an A.U.S.A. so he knew the consequences about making materially false statements to federal law enforcement). Finally, the government said they would not indict him for making false statements if he agreed to resign from the bench - - and he did. I was appointed by the Florida bar in Tallahassee to represent it in the complaint against him. Contrary to your speculation that the bar “went after him like a lawyer chasing a fundraiser” that was not the case. (I was there, you were not). While I was in discussions with his lawyer about a fair resolution of the Bar matter, Ralph Person resigned from the Bar.
ReplyDeleteThank you for this. My writing about the Bar is subject to some literary license as to their zeal. It’s why I get thousands if readers a week. Everyone knows Judges don’t really solicit lawyers to donate money to their campaigns. Duh!
ReplyDeleteMy favorite judge of all time. I was assigned to his courtroom for a long time, and it was some of the best time I’ve spent as a lawyer. Always fair, always so temperate, so intelligent and a real legal scholar. I’m so sad to hear this. I’m sure he and his dear friend Clinton Pitts are happy to be together again. Two great men and a great loss for the legal community.
ReplyDeleteYour narrative is not accurate. Person's testimony in the first CB trial was in the nature of explaining the court appointment system to the jurors and some pointers on judicial ethics. The government thought he was the best witness to present the harmless testimony. The jury was almost all African American and thus presenting Person as the face of the judiciary was a plus. His testimony was wholly uneventful. After some cross examination from Jay Hogan, Steve Bronis, and Ed Carhart, AUSA Lawrence LaVecchio, on redirect, innocously asked Person if he had ever had any financial transations with lawyers testifying before him. He answered no. End of discussion. But not so fast! A lawyer whom he appointed to many cases got herself in hot water over a Herald expose on overbiiling for court appointments. To save her ass, she flipped on Person. There was some corroborating evidence that was very Miamiesque involving a second hand goods dealer in Little Havana. Person resigned, was never indicted, and now is deceased. How ironic. A real tragedy. He had a large family and was a very religious man. I think he took a job with a non profit agency somewhere in Miami. Very sad.
ReplyDeleteI am saddened to hear of his passing and more saddened that his memory has to be marred by
ReplyDeletedirty laundry.
He was an Honorable and courageous man. I had a case in front of him. I was defending a young black American defendant who was born and raised in Miami. He was no angel, a street kid but totally innocent of the charges against him.
I remember Judge Pearson for having the guts to dismiss [ after the State rested their case] the charge of attempted murder against another sitting Circuit Court Judge [white ].
All the witnesses the state put on were court personnel: the Circuit Court Judge, the JA, the bailiff and corrections officers. The state alleged that on a day my client was in court, the alleged victim Judge had denied him a furlough. My client was angry and made his dissatisfaction known by shouting and kicking the walls as he was marched back to the PTDC. Later that evening someone left a disgusting, vile, and threatening message on the Judge's phone in chambers. The message vowed to kill the judge and rape his wife.
My defense was that the black voice on that message machine was that of a black male of Haitian descent. It was not a heavy Haitian accent but certain words were similar to those spoken by a creole speaking native. But it was subtle. It took a trained ear to be able to detect the accent.
The state played the phone message and all the witnesses said they recognized the voice as the voice of my client. I argued my client was born and raised in Miami and had no Haitian
connection at all. Judge Person agreed that he could detect a Haitian accent in one or two of the words. He dismissed the case. I did not have to put on one witness. He did the right thing. I still am amazed of the courage it took to make that ruling and go against a white colleague he sees every day. I will never forget him for that. He saved my client's life. I honestly do not know of another Judge who would have the courage to do that. RIP. You deserved to be remembered for the courageous man you were.
Rumpole, you have to admit that Phil Davis’ defense ( & testimony) that he was SO Coked up he didn’t know what he was doing was a winning defense. Davis’ attorney was former US District Judge and Future Congressman, Alcee Hastings
ReplyDelete959 pm is why I wrote about how great a judge he was. He was truly one of the best to ever sit in that building. Every single 40ish desantis judge would have let that case go to the jury because all they do is call balls and lots of strikes when the defendant is some poor black kid from the streets of Miami.
ReplyDeleteNice guy and wonderful judge who somehow had a huge and I mean really huge lapse in judgment. I liked him but, was really disappointed in what he did.
ReplyDeleteI read your comment and I get it. Another time. The man just died. Be respectful.
ReplyDeleteI knew Ralph when he was a Public Defender. He was one of the best. As a judge he was fair and did not have "black robe fever". I am sorry to have read of his death. I still miss Clinton's big smile and him being the best dressed lawyer in the building......
ReplyDeleteRumpole, I went to UM Law School with Ralph, and he was all the good things you recounted, and an really nice guy and classmate. The persons who added the pieces about the loan being taken by him were also correct, as I recall the events as reported at that time.
ReplyDeleteThe details added by the 9.34 and 3.48 were also correct. This was a saga that those of us who were his classmates, and who admired his work on the bench, were stunned to hear. [I never understood why the government put him on to explain how an ethical appointment system worked.]
Years later, it was reported that Ralph had indeed gone to work with/for a non-profit and religiously-connected entity.
CourtBroom was a metaphorical nuclear device which went off, again and again, in the heart of the criminal courts here. I assisted a lawyer in making a connection to the investigators at FDLE to turn himself in; I was not in a confidential relationship with him, and asked why he paid the kickbacks. He shrugged, and said more or less that he needed the money, and put up with the kickbacks as a cost of doing business.
Your comments on CourtBroom over the years are pretty much right on the money. Your comments on Ralph Person's passing do not ignore them, but also recognize very well Ralph's very real contributions. His memory, indeed, will be for a blessing.
I worked with Ralph in the U.S. Attorneys Office in 1979 in the General Crimes Section at the Ainsley Building . He was always a quiet and friendly person willing to help out and answer questions. He was fair and always well prepared and very respected by his fellow AUSA's. Most importantly he was a nice person. A loss to society!
ReplyDeletei knew judge from church..he was a spiritual man who loved God...he loved his neighbor and tried to do good....we are all sinners and he knew that too i am sure...gladly we are not judges and he is in heaven to be sure...this cruel world gone forever...by bye!!
ReplyDeleteNo great man or woman is sinless. He was a great and humble man before the sin that cost him his job and he reacted to it by becoming greater and more humble. This community lost a great judge when he resigned and a great man when he died. Maybe we should all take a little more care how and when we throw stones.
ReplyDeleteI was a brand new prosecutor in Miami in the 1980s. I was also a prosecutor in other States and in the United Nations International Criminal Tribunal for Rwanda. Judge Person was a favorite judge of mine - I have thought about him over the years. He was the only judge I remember who would ask the defendants if they had children and then asked who would take care of them if they were send to jail. To me he was a hero - may he Rest In Peace.
ReplyDelete