JUSTICE BUILDING BLOG

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.

Thursday, February 06, 2025

IT'S ELECTION DAY

UPDDATE: And your new chief judge is......

GONNA MAKE MIAMI COURTS GREAT AGAIN! 


 
(somehow this seems apropos) 

 Before we begin, do not miss DOM's post on Judge McAliley defending AUSA Michael Thakur- a MAGA victim of retribution against a superb prosecutor who was fired for doing his job. The post is here.  Bad shit is happening every day now and before they shut down David and us, the word needs to get out. And make no mistake they will come after legal bloggers who do not toe their racist, xenophobic, authoritarian line.   

 It's election day ? 

Yup it's election day as your favourite judge trudges downtown to vote for Chief Judge of the Eleventh Judicial Circuit. 

And if you are out of the loop you have missed some of the most vicious, backstabbing, palace- intrigue-type campaigning of any recent election. 

The incumbent is Nushin Sayfie who very competently guided our courts through the Covid Crisis and has done a very good job. She is our choice for Chief Judge. She has earned another term.  

Her "Make Miami Courts Great Again"  MMCGA  (phonertically MM CAG-GA - like the sound your cat makes when throwing up) opponent is Ariana Fajardo-Orshan who left the bench to work for you-know-who as US Attorney and then returned to the bench and has pretty much been showing up anywhere and everywhere any judge has been. A judge is mowing their lawn? There is Fajardo saying "Hey let me do that for you, and then I'll hop inside and do those dishes and fold the laundry and while I'm here let's get out the ladder and I'll clear those pesky leaves from your gutters..."

But there is more than A vs B. 

There is X and Y. 

People do not think we know this. But we know more than they think we do. 

Before Judge Sayfie became chief Judge, a Judge, call him X, wanted to challenge Judge Soto. A deal of sorts was struck. "One more term, and then I'll support you."   Come the next election Judge X did not get the support he was promised, and Judge Sayfie was elected. 

Politics makes strange bedfellows, and the strangest of all is when they wear robes. 

So although their political views don't come close to matching. X and their Spouse Y are actively campaigning for the MMCGA candidate. 

Votes will be counted tonight. 

Depending on who wins can we expect a slew of executive orders if the MMCGA candidate wins? 

"Effective immediately defense attorneys will not be allowed to mention the term reasonable doubt to a jury";

"Effective immediately all defendants who look like they might be an illegal immigrant shall have their bond immediately revoked:

"Effective immediately the local rules are amended to allow the prosecution to file a motion for new trial on all not guilty verdicts" 

"Effective immediately the picture of President Trump SHALL be displayed in all courtrooms, all hallways of all courts, and in the chambers of all judges."

What we can be sure of is this- there is a lot of vote counting going on. And if your favourite judge all of the sudden loses their chambers and has to work in the corner of the El Gordo Cafe, you will know they supported the loser. 

66 comments:

Anonymous said...

justice prevailed

Anonymous said...

It’s done! 62 see ya Sayfie!

Anonymous said...

What was the final tally? Any other inside stories?

Anonymous said...

Today’s story about the Corey Smith plea and the published internal SAO memo deserves its own post. Looking forward to it.

Anonymous said...

One vote and we have a new chief that’s never tried a case. Super.

Anonymous said...

"We know more than you think we do".......apparently not. There is a reason Chief Judge Fajardo was elected. Judge Sayfie allegedly cut her own deals and alienated a lot of people by making seemingly vindictive moves, inserting herself in issues she didn't need to, picking fights with others, disrespecting the independent constitutional authority of other judges, etc. There is more, but you get the idea. Chief Judge Fajardo is going to right the ship.

Anonymous said...

The concepts of separation of powers and judicial independence are two of the key features of our system. Judge Sayfie and some on her team respected neither. They served as activists from the bench, not just trying to influence policy, but trying to make it. They imposed or attempted to impose their will impose their will on those who disagreed or didn't support them (including other judges). CJ Fajardo gets it and will do things right.

Anonymous said...

Sayfie beat Bernstein when she became the Chief. So X and Y are ….. lol

Anonymous said...

Barf! Sayfie’s loss is just a reflection of everything that is going wrong in our Country and locally.

Anonymous said...

Clearly Sayfie lost support within the judiciary. She wouldn't have gotten opposition otherwise. But Young and Bernstein, along with Hirsch selling his vote for an administrative position, is the real issue. They aligned themselves with a judge in Fajardo who is polar opposite to them in judicial philosophy. It's like the Arabs aligning with Trump. Fajardo is MAGA. A fed society acolyte. They will regret the day the allowed their petty grievances with Sayfie to push them into Fajardo's camp.

Anonymous said...

Looking forward to every SAO Memo

Anonymous said...

So is Kathy happy today?

Anonymous said...

Freaks

Anonymous said...

Fajardo is not chief judge. And won’t be. And she damn sure wouldn’t “right” anything.

Anonymous said...

I am in absolute denial.

Anonymous said...

62/60

Anonymous said...

She will RIGHT a lot of things, that’s for sure. RIGHT WING.

Anonymous said...

You know who else cut their own deals….

Anonymous said...

You can have any criticism of Fajardo Orshan you want, and I’m not always a fan of hers, but to say that she’s never tried a case reveals that you’re either a young lawyer or totally misinformed. That woman can out-lawyer and out-try you in her sleep.

Anonymous said...

Where's Bernstein?

Anonymous said...

Love the Berenstein Bears. And not one of your dullard readers got the Casablanca resistance clip reference. Sorry Rump but for supposedly educated readers yours are dumber than a box of rocks. Fly Eagles Fly !

Anonymous said...

Fajardo is a prima donna, a Trump acolyte without independent intelligence. Sayfie defied the odds and brought modernity to the 11th Circuit, but she got caught up in the red hysteria to take control, a flaky ex-candidate who wanted revenge, and frustration with her efforts to bring the Circuit in line with State protocol. We are entering the age of intolerance and vengeance at criminals, without regard to their circumstances, and this new regime is very willing to carry that agenda out. I hope the PDs fight like hell…

Rumpole said...

Best bet of Super Bowl. There will be a two point conversion attempt. Second best bet - there will be a successful two point conversion. Take it to bank like we take Nvidia to the bank.

Anonymous said...

Wasn’t this a play suggested by another judge to get Wolfson removed from the Von Zamft fiasco?

Anonymous said...

I don’t know the inside story however when most of the judges in this county were hiding under their beds during the COVID pandemic Sayfie almost single-handedly kept the criminal court functioning. She was heroic and we all owe her a great debt of gratitude.

Anonymous said...

I assume X and Y pushed Fajardo over the tie. You reap what you sow.

Anonymous said...

do people really believe this?

Anonymous said...

Swifty Fan here--- Kansas....all the way.

Anonymous said...

I’m so confused. I’m out of state. WHO WON CHIEF JUDGE?

What is the true unedited story?

Anonymous said...

Rump, we need your yearly stock tips. Include options as well, por favor.

Anonymous said...

We all know half these judges, particularly the ones who voted for one side, are complete shitlibs. Completely unhinged and most unfit to even sit on the bench if you push the right buttons. The President is a clear indication of where we stand as a city. Welcome to the party Rumpole

Anonymous said...

Out try who in her sleep? Has she ever represented a defendant before a jury AND won? Serious question.

I ask because we all know getting a not guilty can be difficult. But if you’re going to tell me she’s tried family law cases or won cases as a prosecutor, well, excuse me while I yawn.

Anonymous said...

12:28, spoken like a true holier than thou criminal defense attorney who thinks that the only lawyering and trials that matter are those tried by criminal defense lawyers. There’s a vast legal world out there. You should get off the wheel and out of REG once in a while.

Anonymous said...

10:17 sounds unhinged and outright threatening. Sounds like a call to take out the new CJ. Surest way to shut down this blog and get the feds all over your IPs (even under VPNs). Nut job!

Anonymous said...

I can’t imagine that the Smith case was not the impetus to this. And it’s very disheartening that Wolfson was doing the right thing and this is the way the pendulum swings because of it.

Anonymous said...

Very scary times.

Anonymous said...

Do you really NOT believe this?

Anonymous said...

RELEASE THE PRISONERS

PRODUCTS OF THEIR CIRCUMSTANCES

THERE IS MITIGATION

Anonymous said...

You’re dumb if you don’t think Fajardo is going to do the same shit but for the worst. A chief judge’s role is to implement administrative policies to keep the system efficient. Do you think they are just supposed to sit there and do nothing?

Fajardo is a psycho who believes prosecutors are a gift from god to throw humans in prison. Go watch some of her federalist society talks. Given the opportunity she is going to set Miami Dade back in a terrible way. Sayfie was leading us forward. Hopefully the two that turned the vote to her will see after two years that this was a terribly selfish decision.

Anonymous said...

Waiting for DeSantis to remove KFR and appoint Matt Gaetz.

Anonymous said...

"Shitlibs" 10:46 said the quiet part out loud. The election was primarily a palace coup by FedSoc, fueled by Bernstein's and Young's hurt feelings, and more than a dash of ethnic voting. Just compare the judges that openly supported Sayfie and you'll see the young turks are outmatched in experience, smarts and temperament. Everyone knows Fajardo is a nightmare to work for and with. She viciously berated a court reporter on the record and can't keep staff. Speaking of shitlibs, hope you enjoy Hirsch as admin judge.

Anonymous said...

If you think Ariana is going to be Chief Judge here for more than about ten minutes, you're crazy. Yes, Ariana is a lifetime Federalist Society member. But more importantly, Ariana drank the MAGA Kool Aid and they are going to deploy her in ways more effective than CJ of Miami-Dade. She cant really do MAGA type damage from the CJ spot. The first opening for the 3rd DCA, FSC, District Judge or 11th Circuit is hers.

Anonymous said...

11:27 AM........our bench is BY FAR the most liberal in the state and one of the most liberal in the country. I never would have believed they would elect a Trumper.........until I saw how Sayfie and her team conducted themselves (not all members of the team, but more than enough to tilt the scale). Ask the judges. If they respond honestly, they will tell you that Sayfie and certain members of her team demanded they tow the line and threatened to punish those who did not. They even fought over things as mundane as the furniture in the courtroom. Really. Doesn't that seem beneath them? (sorry, couldn't resist the pun). The majority of judges voted for Fajardo simply because they believe she'll treat them better than her predecessor (ie as independent constitutional officers) and I have no doubt they are right (even Rump joked about how hard Fajardo has worked to earn their support). The judges also were frustrated by the totally unnecessary and very public fights Sayfie and/or members of her team started with other stakeholders. We built the best jurisdiction in the state by working together, but the last couple of years have seen non-stop fighting. I hope Fajardo can restore the civility that made us great and recreate an environment where we can disagree without resorting to childish name calling, constant allegations of misconduct, etc. Given the tenor of the anonymous posts on this blog, it's going to be incredibly challenging, but there really is no reason we can't get along and advocate like the professionals we're supposed to be. All that said, I know Sayfie and her team really wanted to do good. While I take issue with their methods and views, I respect their commitment to the community. I wish them nothing but the best of luck and hope we can move on in a positive way.

Anonymous said...

What’s the mitigation

Anonymous said...

Not a call to take out the judge. Relax 7:46 🤣 sounds like another person in denial of this awful news. You can unclutch your pearls weirdo

Anonymous said...

I have litigated and tried as many criminal cases as civil cases, in state and federal courts, and have experienced this firsthand in civil court. You can spot a former prosecutor or former/current criminal defense attorney a mile away. They typically walk into court with a chip on their shoulders. I got this, I’ve been trying cases all my life, I know my way around the courtroom…then it hits them. Civil jury trials are not like criminal jury trials. There are differences, some stark and some nuanced, and procedural minefields. The law, jury selection, instructions, even areas of witness examinations, nothing like criminal. That’s when you see these self-absorbed “trial lawyers” deflate before your eyes.

So, before you trial giants who’ve never tried anything but criminal cases put others down because they are “not real trial lawyers,” step in the civil ring - and I’m not talking about slip and fall cases - and try a few complex litigation, securities, or multi-district litigation cases. Then, and only then, you may be a real trial lawyer.

Anonymous said...

Forward like San Francisco or the failed State of New York? We’re good

Anonymous said...

someone was mean to him one time so please excuse his armed robbery, waive all min mans, and give him a conditional nolle prosse

Anonymous said...

What a shame Sayfie was in all sincerity a Pearl in our judicial ocean.

Anonymous said...

Bring MAGA to the sao

Anonymous said...

You’ve clearly never practiced in Broward. MUCH more liberal bench.

Anonymous said...

You don’t have to try a complex civil case to be a “real trial lawyer” sure it’s different, but have you ever tried a death penalty case? Try calling a death certified lawyer not a real trial lawyer because you fought over some money in court. Ha. Anyways…

Anonymous said...

Denial you say, 5:56 pm? What world are you living in? For less than this type of rhetoric, hyperbole or not, people get prosecuted. Whoever posted that bullshit better pray nothing happens to Fajardo.

Anonymous said...

Totally off base here. She’s going nowhere. Probably the most important lobbyist anywhere for Trump, and Desantis too, is Ballard. Just connect the dots. She’s certainly never getting a federal job again.

Anonymous said...

11:53 sounds like someone who started trying death penalty cases fairly recently. You know the type. They inject their “death penalty” cases into every conversation. “Wish I could go to the Super Bowl party, but gotta prepare for my death penalty case.” “Your honor, sorry I’m late but I was in so and so courtroom dealing with my death penalty case.” “Gotta cancel my spinning class due to my death penalty case.”

And that’s in fact what 11:53 did by twisting 7:15’s post into an absurd interpretation…just to let everyone know that he/she tries death penalty cases. Wanna cookie?

Anonymous said...

Bernstein is a vindictive person, has been for yeas and years.

Anonymous said...

MAGA is the future of Miami

Anonymous said...

1:25 How about you learn how to spell. Election results were 62/60. Judge Fajardo Orshan won. This is only the beginning. Stay tuned for 2026! MMCGA

Anonymous said...

7:43 AM and 7:15PM answer the question. Has she ever defended a criminal case BEFORE a jury? If the answer is "No" then "out try," my ass. Trying a family law case or trying a case as a prosecutor ARE NOT the same as defending one. The fact that you don't seem to know that let's me know that you're some sits-in-the-office-thinks-attending-calendar-calls- is being a trial lawyer.

As for your complex litigation comment, there is no complex litigation case that will ever compare to defending a client accused of crime against a child. If you don't know what I mean, then sit this one out.

Anonymous said...

Big build yourself up by the bootstraps energy from 8:22

Anonymous said...

Clutch your MAGA pearls

Anonymous said...

So three Judges sold their soul and now we lose Sayfie and Wolfson-as the Bard would say- Suspicion always haunts the guilty mind. O comfort-killing night, image of hell, Dim register and notary of shame.

Anonymous said...

ok fine, he’ll take cts

Anonymous said...

Well thank God the federalist are moving in.

Anonymous said...

Matt Gaetz for State Attorney!

Anonymous said...

With the other bears