When speaking of legends of the REGJB, there are a few men and women who stand above all others. Phil Hubbart, the man who shaped the Public Defenders office from a doormat into a powerful advocate for clients and later became a judge on the 3rd DCA is one of those legends.
Image copied without permission from Mr. Markus
David Markus has Phil Hubbart on his Podcast and it's worth a listen. You can check it out by going to his excellent blog here (plus he could use the clicks for his stats).
Apple Podcast here. Spotify here. DOM is such a trendsetter. First with the blog, and now podcasts. Can a DOM TIKTOK be far behind?
Also buy Hubbart's new book "From Death Row To Freedom" his journey in helping exonerate Pitts and Lee from death row (not that we prosecute innocent people, not even when certain State Attorneys Offices play Chess with discovery in death cases and coordinate witness testimony so it sounds better).
DeSantis drones are saying "Wait, a retired judge helped exonerate two men from death row? That doesn't sound kosher to me."
Speaking of innocent people on death row, The NY Times has this on the regrets of a Texas sheriff who put a man on death row for killing his daughter. Our biggest take- the sheriff turned his attention to the father, when at the hospital he noticed the man wasn't expressing any remorse. What he learned later is the man is AUTISTIC and doesn't express emotion. Also- the discrediting of the shaken-baby "science". No- for you ASAs and DeSantis Drones reading this, we are NOT in favor of any form of child abuse, including that which tragically kills children. We are against prosecuting innocent people in the deaths of children.
And finally,
HAPPY BIRTHDAY HARRY POTTER
7/31/1980
45 comments:
And still it’s the Bennett H. Brummer building. Not even a plaque in his honor. Thank you for this post.
Who monitors Corrupted ASA’s ?
I remember Judge Hubbart from my early years appearing before him on the Third DCA. His calmness, quiet smile, and demeanor helped me settle my nerves to make my argument. He gave the impression, so often lacking in the world today that we were going to figure out a sensible answer together by discussion.
Yes exactly correct. I’m often puzzled when appellate judges appear angry. Like you’re gonna scare me and get me to fold? I’ve spent 100x more time on the case than have reading the bench briefs from your clerks.
Hubbart laid the foundations that Brummer built that office on. There certainly should be something there in honor of Hubbart, but Brummer's name on that building is deserved and should be left alone.
Love Phil Hubbart.
I still often use his prior book as a guide, Making Sense of Search and Seizure Law: A Fourth Amendment Handbook. A signed copy, which was given to me by Tom Headley.
I took Fourth Amendment Seminar with him back in law school. Absolutely wonderful fountain of knowledge and a terrific human being.
I will have to check out his new book.
Woody Clermont
I can take the anger but what always made me, well, angry, was the condescension. Here's looking at you posthumously, Alan Schwartz.
I had the honor of having lunch with Wilbert Lee and Warren Holmes at Bob's Burgers in Coral Gables. Warren Holmes was the one who started the ball rolling and got a Miami Herald reporter to investigate the wrongful conviction. He randomly fell upon the story while doing a polygraph and followed up on the lead. He spent a lot of his own money to achieve justice for Pitts and Lee. Lee always kept in touch with Warren. Lee told me about a pet roach he had while waiting on death row. He kept him in a match box and cried when he watched him crawl away when he finally let him go. He felt lonely. He really enjoyed it's company. That story left an impression on me. Lee also volunteered at the Stockade. I saw him there many times.
Nobody
Lonely ASA’s
Never forget “win at all cost”
Yes I remember when Alan Schwartz, was working in retirement as a Senior Judge with the Eleventh Judicial Circuit, during my time as a prosecutor.
Not a very pleasant experience. He also rudely barked at court personnel to bring him his coffee immediately when he took the bench in the morning.
I argued against an opposing party's motion in front of him, and he was very abrasive and tried to scare me. He ruled against us relying on bizarre reasoning which I tried to talk him out of. I appealed him, and the Third DCA quickly reversed him, taking issue with what he did.
Very colorful character. See: https://wfsu.org/gavel2gavel/transcript/pdfs/95422.pdf.
Woody Clermont
How did Judge Alan Schwartz and Judge Phil Hubbard get along professionally? Personally?
Did they respect one another?
Was Judge Alan Schwartz a “sadist” in the true sense of the word? Did he actually enjoy tormenting and suffering?
Many lawyers left oral argument defecating in their pants literally and were never the same. I know of one who left the practice of law due to humiliation and embarrassment.
Anyone from that era who can articulate the truth?
I was in oral argument once on a speedy trial case at the 3rd DCA. Alan Schwartz laughed about my previous client because he died of AIDS. He said, hey counsel, why did you previous client (who made it to the DCA) want a speedy trial. I said, he had AIDS and wanted it over. Schwartz said, "well, I guess he got judged by a higher court." Yup, Alan did that. The other two judges were not happy. A bunch of law students and their professor were watching. They complained to the JQC. I got an instant order reversing discharge followed by an order recusing the panel and withdrawing the reversal. Of course, the new panel reversed but, used different language.
Me no fan of Alan Schwartz.
Phil was the polar opposite. Phil was kind and courteous.
Knock, knock, anyone home? Bueller? Rump? Anyone gonna blast this story or are we suffering from SAO corruption fatigue? Because when the voices go silent truth and transparency die. Keep up the pressure. Keep these stories alive. Or stop bitching go back to business as usual.
Prosecutors’ missteps lead to tossed life sentence for Miami man in 8th-grader’s murder
https://www.miamiherald.com/news/local/community/miami-dade/article290550044.html
You should start a missing milk carton picture event for all the ASA’s that work from and are never at the office.
Alan Schwartz was Milton Hirsch’s idol. That should tell you all you need to know.
Re: Alan Schwartz. I was at an oral argument and the lawyer for the appellant was 5 minutes late. It did not affect that case as there were other ones in front. After making her argument, the lawyer apologized for being late. I will never forget Schwartz's response: "by the way you argued your case, you would have been better off not showing up at all." I was dumbfounded.
Alan Schwartz was a brilliant man. He was funny off the bench as well. He issued some very good opinions for criminal defendants over the years.
He had no patience for people who were not prepare or who were advancing arguments that were not supported.
There was a lot more to the man than what is know about him on the bench. He also practiced criminal defense in the day.
Judge Hubbart respected Judge Schwartz's intellect, but not his abrasiveness or treatment of people. He addressed this privately directly with Judge Schwartz. Judge Thomas Barkdull, a
long-standing member of the Judicial Qualifications Commission, kept Schwartz from public
humiliation for years(until Barkdull resigned from the Commission).
Those are funny jokes. Higher power and not showing up at all. Good one liners. Lighten up Francis!
Many years ago I was working late in the criminal courthouse. It was in a desolate part of the building and way before any security measures were in place.
Out of nowhere, some whack job appeared at my desk. Trying to outwardly stay calm, I was freaking out on the inside.. I was trying to figure a way to get out of this situation I was completely blocked in and stuck.
Next thing I knew, Judge Hubbart appeared in the hallway. I didn’t know him but knew who he was. He immediately could sense my fear and the danger I felt.
Judge Hubbart was in trial. They were taking a break and he was walking around the courthouse with his frozen yogurt. He calmly sat down and starting softly talking to the guy. Somehow he was able to get the guy to leave and then the judge called liaison.
I am not sure if we ever spoke again after that incident. After decades, I remember it like it was yesterday. I am still grateful for how he helped me that evening. I never forgot the look he gave me, like things are ok. What a gentle giant of a man.
With Gratitude.
Update on Taj Pearson?
Didn’t find a job?
I never had the opportunity to appear before Judge Hubbard, but always respected his attitudes about the criminal Justice system and the law. But myself and Richard Sharpstein were the assigned prosecutors in Judge Schwartz’s court room. It’s true he didn’t suffer fools. We tried our best to get to him, and here are two short true stories,(no pun intended, or did I). The PD’s Lenny Rosenberg and Bill Aaron were also reaching their collective limits with him , so all four of us decided to get even. Before court one day we arrived early and lowered his courtroom chair. His clerk”Larry”, turned a blind eye. When Mr.Justice Schwartz assumed the bench and sat down that morning, all you could see of him was the top of his bald head and his little hand hand waving in the air for a 5 minute recess. The clerk never turned around but laughed. We all fell over in hysterical laughter. We were never “ratted out” , and for years after he laughed with us.
On another occasion years later, I attended a funeral and saw Judge Schwartz getting out of his car, I was with my wife, wanting to get his attention, I yelled out “Alan” as soon as I did I turned to my wife and said “that was a mistake”, he saw us and approached, I immediately apologized and told him I was sorry I did that. He wagged his finger at me and said “ not good enough”. We walked in together. Months later I appeared in front of him at the DCA. I was at the time not the appellant, Judge Schwartz then asked if “Jay “ wished to make his argument. Not addressing me as Mr.Kolsky on the record was his revenge. No matter what , my abilities as a criminal defense attorney were much enhanced by being in his courtroom. And for those that didn’t think he had a sense of humor, you’re dead wrong. Sharpstein and I had him in stitches the entire time we spent in his courtroom, and he reminded us every time we saw him afterwards. Thanks for bringing up these memories “Rump”.
Not related to this topic, I wanted to shout out kudos to “Rump” for years I have followed your blog and have marveled at your legal acumen, now I’d like to thank you for your travel advise. I’ve just spent the last ten days with my family (6 adults 3 grandchildren) in Bar Harbor Maine, and Acadia National park. The temperature has been high of 74 low of 61 , can you say Heaven. The environs are magnificent and the lobster plentiful. Thank you Rump , whoever you are, your tastes are on par with your legal fortitude.
Everyone says in response to this question that they disapproved and addressed it privately with Judge Schwartz. If they did it had no effect and they wasted their breath.
I admired Judge Schwartz's brilliance.
I cited to him with great deference in one of my Florida Bar Journal articles. His brilliance was not in issue.
His temper was - and that could bleed into the rest. In the motion I argued before him, I actually pointed to an opinion he authored as part of my main argument, arguing the way it directly addressed the issue on hand. He grew more perturbed. He didn't like that and distinguished his own opinion immediately acknowledging that yes he wrote it but was adamant that pistol whipping a scared victim with a loaded steel gun can never be an aggravated battery.
In ruling against me, said something like, "Oh and because you didn't ask for leave or seek a continuance, you have now waived the issue, and I would like people of the appellate court when reading this transcript, to take note that any alleged issue in my granting of the C4 motion, is not properly preserved and that an appeal should not be entertained." He then changed the charge to a misdemeanor battery so he could close the case out.
A legal no-no.
Definitely one can have respect for his ability and intellect, but also be frank and honest about his temperament as well.
Woody Clermont
No one cares Michele
We get it, Michele
How many times did Schwartz have to go to Tallahassee to get reprimanded by the SC?
Dear Mr/Ms 10:46:00 pm.
They don't go to Tallahassee to get reprimanded. They get called to a 6B hearing and yelled at and it's all secret unless they file charges. So, Alan never had JQC charges but, I bet he was in a hotel meeting room with those folks about 3 times.
So, how is this different from Milton Hirsch throwing us out of his fucking courtroom simply because we had to be in another courtroom first? Why has the JQC not filed charges against Milton. Instead, FACDL keeps giving him awards. I vote him the most obnoxious judge in Florida!
Not me, yet again. But thanks for spelling my name right! (P.S. people do care)
Docket #95422 - Inquiry Concerning a Judge, No. 98-347, Re: Alan R. Schwartz. 755 So. 2d.110; March 30, 2000.
https://library.law.fsu.edu/Digital-Collections/flsupct/dockets/95422/OP-SC95422.pdf
This guy sounds like a tremendous d-bag.
Don’t you pouty faced ASAs (likely the top brass) get tired of throwing random people’s names around? Don’t you see that every time you post these stupid posts calling out names, like spaghetti at the wall, you’re only confirming how much all of the deserved criticism gets to you? The true sign of a guilty conscience.
I don’t know judge Schwartz and never appeared before him. But based on everything I’ve read about him thanks to the stories that have been posted, I’m glad I didn’t. He may have had an Ivy League education and may have been a legal erudite, but it seems to me that he had no business being a judge. Not only did he appear to lack the required temperament, he sounded outright cruel and narcissistic. Almost as if he enjoyed humiliating people. If he would’ve pulled those stunts today he would’ve been removed from the bench and disbarred. As he should’ve. Good riddance.
Just because you post with your name sometimes doesn’t mean you don’t post anonymously also.
Is there nothing beneath you all? The over the top prosecutor bashing is bad enough, but bashing the dead? What possible purpose can that serve? What is wrong with you?
By that logic we should not bash anyone who did messed up things in their life too? For a good example, there is the audio of Ronald Reagan on the phone with Richard Nixon calling Africans monkeys and saying they weren't comfortable wearing shoes.
https://www.youtube.com/watch?v=A4lSkw5Vnb8
Is death an absolution of prior actions now?
Those people are dead now, and what they did died with them, so let's zip it, right? For the sake of "dignity".
Got a better solution - view it as a word of caution to the living. An instruction of warning.
Try not to be an d-bag while you're alive, so people will remember you with more positivity when you're six feet under.
ASA at 5:40 p.m. has had enough! Y’all better cut it out. Stop bashing corrupt, inept, ignorant, and unprofessional government officials. That’s not what this country was founded upon. Silence is really golden. And don’t you dare bash the dead. That makes you a big meany. Only bashing living assholes is allowed.
Bashing? Public figures such as prosecutors and judges are subject to scrutiny. At the highest level. They are in positions of immense power over peoples’ lives. They should be criticized and scrutinized. Regardless of dead or alive. Why are people so sensitive?
Schwartz was an invited speaker at a defense lawyers dinner meeting. As he stood up to speak one of my law partners yelled at him to "stand up". Schwartz was not amused. He called our senior partner early the next morning and voiced bitterly about the evening before. We all had a good laugh about it. He had a great legal mind and off of the bench he was kind of delightful. But his demeanor on the bench was his downfall as a Judge. In his last days he died a bitter old short bald man at the Palace in Kendall with virtually no visitors, except an occasional one from one DCA Judge. He never practiced criminal defense. In his youth he was appellate counsel to the old Nichols firm with Colson, Sams, Beckham and many others at the time.
I second that vote
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