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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.

Wednesday, November 13, 2024

SHOULD JUDGE MILLER RESIGN?

 The facts are pretty much known now. Indeed, Newsweek has picked up the Miami Herald story and run it nationwide. 

While sitting on the appellate court in Miami, Judge Bronwyn Miller had on an on-going text correspondence (and perhaps multiple phone calls) with the elected State Attorney about the Corey Smith case where Judge Miller is a witness. She did this while other prosecutors went into court and told circuit court judges that Judge Miller was not speaking with anyone without a subpoena- which was a bold-faced lie to the court. 

Judge Miller reviewed the appellate brief of the Attorney General in the Smith case and told the elected State Attorney the problems in the brief and changes to be made. This is a shocking breach of ethics if not morals. Although not assigned to the case, upon her elevation to the Third District Court of Appeals, Judge Miller had to have abandoned any pretense of advocacy for any side in any case. Even where her Court would have ruled against a case she prosecuted, Judge Miller was required- in our considered opinion- to want only that her Court reach the correct decision- even if that decision negatively opined about  her prior work as a prosecutor. Such is the exalted role of an Appellate Judge- in our opinion. Essentially sacrificing her personal opinions and feelings for the desire only that her Court get it right-even if she- in her prior position- "loses".  Judge Miller did not do this- she in fact did the opposite. 

And finally, Judge Miller opined against the ethics of defense attorneys in general, giving rise, in our opinion, to the well-founded belief that she cannot be fair in any criminal case moving forward. 

Any- and we do mean any- first year assistant public defender has more ethical decency in their pinky than Michael Von Zamft demonstrated as a prosecutor in the Dade County State Attorneys Office. How could she possibly denigrate the ethics of our profession in light of what we all know MVZ did? Such a statement was shocking in its ignorance and disrespect for our profession. A profession that hands out an award named after President John Adams in honor of his defense of British Soldiers accused of murder in Boston.  A profession that routinely goes into court and saves the lives of wrongly convicted men and women when their actions are ridiculed and viewed with skepticism- until they show that they are right, and the system got it wrong. 

  Judge Miller was elevated to the most rarified air of the bench- the appellate court. Her actions are indefensible, and she has, in our opinion, forfeited the right to serve in such an exalted and important role. 

That is our opinion. 

What say you? 

42 comments:

Anonymous said...

Judge Miller is probably one of the fairest judges we have on the third. I read most of the opinions weekly and her name is on more reversals than probably any other judge. While I disagree with her comments and take issue with her statements against Judge Wolfson, I don’t think she should resign and she is better than most options on the third. Regarding the comments of the defense bar, it’s a factual statement that defense attorneys don’t have to comply with the same ethical duties as prosecutors. Prosecutors have a duty to disclose exculpatory evidence and other duties that defense attorneys don’t have. Be careful what we wish for if we are asking for her to resign.

Anonymous said...

No problem in paragraph 1

no problem in paragraph 2 - here u are wrong on the law.

big problem in paragraph three - she needs to resign.

Anonymous said...

Kathy should resign, she’s corrupt

Anonymous said...

She should not only resign but at the very least get a public reprimand not the written opinion type but the get scolded in front of the Florida Supreme Court Type.

Anonymous said...

You act like cases routinely get reversed. So what, now and then there’s a reversal with her name on it? For every one of those there is 100 PCAs.

Anonymous said...

Just because defense attorneys don’t have the same discovery obligations that does not mean we are not held to the same ethical standards. Prosecutors ethical standards are not “higher” — the violation of them just has more far reaching consequences.

Anonymous said...

YES. ABSOLUTELY. Judge Miller must resign.

In many knowledgeable folks opinion - not only for her unethical conduct in these “secret” conversations by text with the prosecutor, but by the “coverup” of not turning these relevant texts over.

By trying to keep them a secret. By impeding the discovery of the texts.

It seems that the Florida Supreme Court will review her conduct, and those who advised her and guided her not to produce her texts, and vote to remove her from the bench.

That’s it. Nothing else to discuss. Rumpole is 100% correct. How can any litigant ever trust her again?

Anonymous said...

Any appellate attorney in their right mind would say YES! Yes, she needs to resign. I don’t want a judge ruling on my cases who texts KFR shit talking defense attorneys and judges. She has an agenda, whether it’s just on Corey’s case or others too (her comments RE bail bond seem to suggest she has an agenda on other cases too)… how can we trust her? It sucks that she may have been a “defense friendly” judge. Not that I agree with that, but it is not an excuse to ignore this impropriety and behavior — she should’ve known better.

If she doesn’t resign, there needs to be consequences. A public apology. A deposition for Corey’s counsel to ask her questions (that she’s got to actually answer). A request for the rest of the texts because there’s got to be more.

Anonymous said...


Oh and why are not calling for the resignation of KFR? As if she is some innocent party in all this? Her behavior was just as appalling if not more. She acquiescence in Miller’s comments. I’m actually surprised they didn’t move to recuse Wolfson at Miller’s request. Why is she off the hook??!

Anonymous said...

Prosecutors have a duty to turn over exculpatory evidence , only because that is the law.

Anonymous said...

Dear Mr./Ms. 6:53: Bullshit. There is no excuse for her behavior. Why do I assume Judge Miller wrote that comment herself.

Rumpole said...

653 you confuse an ethical duty for ethics. And how do you explain MVZ in light of his ethical duties ? Your logic is such that a defense attorney could never be a judge or like John Adams vice president and president.

Anonymous said...

Why doesn’t Kathy handle cases herself?

Anonymous said...

Perhaps

Anonymous said...

Rep. Matt Gaetz, R-Fla., has resigned from Congress, House Speaker Mike Johnson, R-La., announced on Wednesday, the same day President-elect Donald Trump tapped the Florida lawmaker to serve as his attorney general.

Johnson said Gaetz's resignation is "effective immediately." A special election will be held in Gaetz's district located in western Florida to determine his replacement.

Anonymous said...

Kathy!! Speak we need you !

Anonymous said...

Miller did not do anything wrong. She wasn’t just a witness, she was part of the pros team. If she was in private practice, nothing she did would have mattered one bit. She was disqualified from having anything to do with the case as a judge because she prosecuted it. There is not one thing she did in her official capacity as a judge. Get over it. She said some mean things in the heat of the moment, in private texts, we all have. None was intended to be public except her testimony, and in the hundreds of comments, not one person has pointed to a single thing she said on the stand that has been called into question.

Anonymous said...

6:53 here. MVZ has no ethics. I never said he did. Miller acknowledges that and probably got carried away with the comment regarding defense attorneys generally. But it is a factual statement in the context of the ethical obligations prosecutors have compared to defense attorneys. If you have miller on your panel, you have a better chance than with most other judges. Name another judge from the third you would prefer on your panel. She is definitely wrong in sending the texts she sent but she is probably the best judge for the defense in the third. If you don’t agree, name who you think is better and why. She’s always been a great judge, including when she was in civil. In the third, she is more prepared than the other judges at the oas. Watch the oas on the 3dca website and watch how she knows the record on every case she presides on. She is a fair judge that said things she probably wishes she didn’t say. She rules based on the law on every opinion I’ve read, and like I said before, I read all of them- every Wednesday. The biggest issue I have with her texts, are the comments about Wolfson.

Anonymous said...

Absolutely resign. Don’t go through a JQC investigation and Supreme Court removal.

Go mediate civil cases. Great dressed up and have your fancy lunches with your crony friends. PS. Maybe they won’t be your friend anymore after this embarrassment.

How could you mess up a job like no other. All the prestige. All the honor. Sad commentary on a presumptive that judges all have integrity and are neutral arbiters.

You will be fine Judge Miller. A big civil firm will give you a nice office and people will still call you “Judge” at your favorite restaurants.

Anonymous said...

I agree. This goes for civil cases too: an appellate judge advised a litigant in a circuit-court case in her jurisdiction on how to proceed, and critiqued and proposed changes to a draft filing !! At the very least, this shows that the presumption that judges enjoy of being nonbiased (sure) is BS — more like, “you haven’t caught me yet.” I couldn’t trust Miller on a civil appeal either. Beyond Miller resigning — a must — the entire Third District ought to issue a public apology. I don’t know what kind of a ship Logue had been running over there, but I don’t like the cut of his jib. You would think that there would be periodic trainings or at least reminders like “don’t forget to not do boneheaded sh** like suggesting changes to a draft filing in an Eleventh Judicial Circuit case.” The next time I hear anyone on the Third preach or get all high and mighty about ethics and professionalism I’ll be strained to keep a poker face.

Also KFR needs to apologize, needs a public reprimand, and needs to voluntarily resign. Shame!

Anonymous said...

KFR should be smart and retire as State Attorney. Her 30 years as State Attorney would get her 90% of her average top five years salary, pls an extra 20% for her time as an ASA. Her retirement would be 110% of $169,000 a year. Plus $30K in social security.
If KFR retires she can ditch any personal inquiry and Gov. DeSantis could appoint Miller as State Attorney

Anonymous said...

Bronwyn?

Anonymous said...

No no make this all go away!!!

Anonymous said...

Hell YES!

Anonymous said...

Her resignation need not be based on a review of pleadings but not correcting a misrepresentation to the court and trashing judge Wolfson.

Anonymous said...

Or FBI director. Let’s go Kash !

Anonymous said...

Her entire credibility is now called into question. That is partly why the state has to plead the case.

Anonymous said...

Gaetz is the new AG, I see plenty of indictments on the way. Prepare yourself. End the corruption!

Anonymous said...

Public reprimand and go into private practice.

Anonymous said...

SAO needs an overhaul. New leadership at all high levels. It’s a disgrace how unprofessional, unethical, incompetent that office is run. Miami-Dade deserves better. Kathy have some dignity and resign. She’s too old and disconnected to the everyday operations. Her chiefs and ASA’s are all rogue and corrupted.

Anonymous said...

I agree except for Miller being the SA. There is a Republican out there I’d love to see be appointed. Tall guy very knowledgeable. You’ll see.

Anonymous said...

“Kathy Speak” 😆 she’s like most politicians after an election. Out on vacation.

Anonymous said...

I have handled JQC cases. She is in big trouble. Judges cannot give legal advice at all... not even one short comment. She should have known better. Kathy Rundle should have stopped the conversation on her first text. She knows better. This makes all of us look corrupt. Miller must resign.

Anonymous said...

Your not totally wrong.

Anonymous said...

President elect Trump’s Nominee for Attorney General, Matt Gaetz has announced that he will appoint Judge Bronwyn Miller as his Deputy AG for Criminal Justice.

Anonymous said...

I’m hearing that her resignation is imminent. It’s the best thing to do.

Anonymous said...

I think Stephen Mitchell should have joined MVZ the same day he resigned

Anonymous said...

Presumably part of her current job is reading transcripts of trials and motions presided over by Judge Wolfson. She cannot do that. Thus, she cannot fulfill the obligations of her current job. Sad but obvious conclusion. No prison inmate can spend years in a cage trusting he had every access to a fair arbiter. That makes the decision easy, no matter the cost to her reputation or income. Its the prison inmate the state has the duty to focus on. Sucks, but nobody's fault but her own.

Anonymous said...

The president-elect is a felon, who was found by a jury to have sexually assaulted a woman, and who attempted an auto-coup 4 years ago. An appellate judge texting the state attorney about how to run a case is nothing. Anything goes.

Anonymous said...

I agree.

Anonymous said...

After long thought … cue up Mack The Knife …. “ when the shark bites with his teeth babe Scarlett billows start to spread , fancy gloves oh wears old macheath babe so there’s never a trace of red …”. Calling the Shumie on Miller. Stick a fork in her. She’s done. Mack the Knife.

Anonymous said...

Love the Shumie and Mack the Knife. Lethal combo. Agree she’s done. Like Nixon in 72 a few 3rd DCA colleagues need to see her and tell her the gig is up. It was a good gig. But it’s up babe.