Sad news to report that retired REGJB Judge Ric Margolius a/k/a Ric Zweig has passed away.
This is a complicated obituary to write. Much like Jimmy Carter, Ric Margolius accomplished a lot when he left the bench. A music career that earned him accolades and in which he donated profits of CDs to charity. Click here and here.
When he returned to the REGJB to do some coverage, he was, well, a character. We once saw security stop him in a back hallway, sure the person they were seeing did not belong there.
Ric Margolius started his career as a prosecutor and then a public defender. Even at the beginning he was a mixture of black and white, odd and even, and perhaps more aptly - hot and cold. He could run that way - changing temps mid-sentence as he praised a lawyer and then berated them. He served on the bench during a time when there was not 24/7 scrutiny and exposure of every little thing a person does. To put it politely he did not suffer fools lightly. His manner in court could be caustic, cantankerous, or just ornery. He would not get high marks on Judicial Temperament.
But that means he called it as he saw it. He was not afraid to lambast a prosecutor who was stepping over bounds or hiding behind a "victim wants max" mantra. He wanted to see justice done. And he was not beyond giving a defendant a good old-fashioned dressing-down when they pled guilty to a crime.
But there was obviously another side to him, and his life after the bench, spent making music and working for charities speaks a lot to the heart he had and his desire to make Miami a better place than he found it.
We are certain we will not see his like again in our courthouse. He spoke his mind freely, and did what he thought was right, regardless of the consequences or who was offended.
He was certainly one of a kind. May he rest in peace.
39 comments:
Ric was mercurial. He let everybody know what he thought. He didn’t like drug cases, thought drug laws were not effective nor utilitarian to stop drug use and used primary on poor people. A pound of pot or an ounce of coke no big deal. But pity a defendant who was found guilty of Robbery or Grand Theft, ‘ your a thief he would tell them especially GT Auto. He would go on saying, with his voice raising with every word:
Imagine you are in Coral Gables having an anniversary dinner with your wife and you come out of the restaurant to find your car stolen .
BUT he never added a trial tax just sentenced a defendant to what he thought was deserved.
Rick was a true character once he assumed the bench. I had one trafficking case where a female then judge granted my motion to recuse her since her baliff tried to date the defendants wife while the defendant was in custody with no bond. The case fell to Ric. He motioned me to sidebar and told me to wait 2 days and he would grant the bond that the female judge had denied before she got recused. Later he spent time in central America having a good time with some of the local ladies. He was truly unique. Sad to hear of his passing.
He was a very difficult judge to deal with, but upon retirement turned into a real nice guy
I’m not going to make a comment Rump. That’s how I was raised.
I have Ric (along with Jay Kolsky) to thank for my legal career in Miami after they came up to New York to interview new attorneys for the P.D. Office and offered me a job. I also have Ric to thank for getting to argue a case (Pardo v. State) in front of the Florida Supreme Court after he granted my pretrial motion to exclude child hearsay evidence and the State sought interlocutory relief. Like Rumpole says, he was one of a kind and did not mess around once he started a trial. He had his own standards and almost always ended up doing the right thing.
Clayton Kaeiser
Just saw Judge Jeffrey Swartz on Cuomo tonight. He is a “Distinguished Professor of Law” at Cooley Law School now. Brilliant.
Pretty sure Ric started out his career at REG as a prosecutor, albeit briefly, and transitioned to the PD office. He was much more suited and comfortable in that position. Did a good job as a defense lawyer.
Became a Judge and became “an acquired taste” in that capacity. On the bench by 9:00 AM and home by 11:00 AM, 12 at the latest. Never got political opposition despite his work ethic and temperament.
If you check his jury trial stats I’ll bet they hover close to -0-
Pressured and intimidated to get pleas so he would be out the building early.
Lived in Republic of Panama after senior judgeship. Enjoyed his music and sharing $ made from his CD’s with charities.
He was happier doing music then Judge stuff.
The blog is turning into an obituary section, which everyone should take stock in - we don't live to work. I wish judges took stock in this - sometimes we need a mental break to just rest and/or be relax after the day to day stress. Not a vacation (where we still work), but just time to go about our daily lives without everyone on our back. Yet judges get upset because an out of custody client's case is not resolved within 12 months and their audit isn't going down.
Firstly, thanks for the kind comment Clay, I remember that recruiting trip to New York with Rick, it was exceptional, you, Rodney Thaxton and Patrick Nally, were hired for our office among some other brilliant legal talent.
Rick had a keen eye for what would become dedicated defense attorneys , and a unique style of interview , for the times.
Rick and I started off as prosecutors for Richard Gerstein, in 1973, and the Justice Bldg. , sort of molded him into the Jurist and aging “rockstar” he believed he was. The P.D.’s office finished the final product he became.
Love his style , or hate it, on the bench , he maintained his equilibrium and dispensed Justice Miami-Dade style. Snarky comments and all.
I want to add , that this week, between Greg Gonzalez’s illness and the loss of Bob Josefberg, has been tough on all of us it reminds us of the fragility of life.
It’s not just the personal loss , of life itself, but the character of men like Greg, and Bob that we lose forever.
One brief anecdote about Josefberg, that sums up what I’ve been trying to say about character, and I only mention it because Bob died as has been reported during a deposition. About a dozen years ago I attended a bar-b-que where he was present. I introduced him to a young and brash defense attorney who upon introduction told Bob, “it’s time for you to step aside ,and let some young lawyers handle some of your “big” cases. To which Bob replied, “ I’m not going anywhere, I want to die in trial, no I want to die giving a closing argument, so I can at least get a mistrial. That ladies and gentleman is dedication to your profession.
Rest in peace 2 different but still exceptional and praiseworthy warriors.
Justice obituary
What a downer reading this blog has become. I have many memories of BOTH Josefberg and Rick. I met Josefberg in a 4 month Federal trial. I met Rick when he was a Judge and Alex Michaels was the ASA in his division. Alex still had his Romanian last name. I dated both of them. Need I say more. Rick loved music . He was managing the group Orleans when they had their huge hit " You're Still the One." A favorite date night with Rick was watching the classic Scorsese documentary "The Last Waltz". I shared his love of the "Band" and upstate NY [Rick went to Cornell] where I now have a second home near Woodstock and where I am writing this from. I attended many "Mightnight Rambles" at Levon Helm's Woodstock home and studio when Helms was still alive. I thought of Rick each time even though we had lost touch and he was living in Panama. I LOVE the picture you posted. Exactly how he would want to be remembered. Rick was a character who was misunderstood by many. But he was very sensitive and had a good heart. RIP .
A few memories. The older he got the more he insisted on absolute silence in the courtroom. One day he saw a signer interpreting for a deaf client. He erupted and threw them out of the courtroom. He did not suffer fools lightly. I was standing behind a lawyer in line who was getting nowhere with Ric. “What we have here” Ric intoned “is a failure to communicate”. Then he looked around. “But no one here knows where that line comes from”. A beat later I blurted out “ Cool Hand Luke. Benefits of skipping school and watching old movies.” The slightest smile crossed his face as he turned his attention back to the lawyer who was not getting what he was saying.
And finally, having to prep a client for a plea colloquy. “Look. He’s not like other judges. When you pled guilty to grand theft he’s going to say ‘so your lawyer has told me that you’re a thief. Is that true ?’ Just say yes and try not to engage with him too much. “ But looking back I’d take berating and a fair if not lenient sentence than the judges who smile nicely and max out my client. Ric could not survive on the bench today. He was too crass. Too outspoken. Too rude at times. But he was real. And that is a quality that is more and more lacking these days when any misstep gets you trashed on social media. I was so pleased to see him use his retirement for music. I envied him. Having so much free time to devote to something he loved. Rest in peace.
Oh one more thing. Nothing was better than watching him in recent years cover a court calendar for a week. I’d see ASAs walk out of there absolutely stunned about how the judge treated them. He didn’t defer to them. He was not obsequious. He ripped them a new one when they deserved it. They weren’t used to getting that. “Welcome to my world when I was an Asa in the 1980s” I’d tell them. And he was one of many characters back then. Sepe. Morphonios. Nesbitt. I’d walk into the courtroom shaking, no idea what would be coming down. Then I’d slink back to my office. “How’s the trial going ?” “Snyder JOA’d me in opening.” “What ? He can’t do that.” “When the defense attorney is Richard Gerstein he can. I finished opening. He sent the jury out and asked me if that’s all I had. I told him that I was ready to call witnesses. Nah, he said, not enough. Joa”. True story. That was life back then.
I feel an obligation to report on the passing of people whose lives intersected with the REGJB. And I can tell you that many many family members of those who have passed have reached out to me thanking me for allowing people to post memories and remember them. So I’m sorry it’s a downer. Sunday’s post is an upper.
Ric did not relay on his bailiff to keep the courtroom quiet. When the noise would get loud enough to annoy him, Ric would shout "SHUT UP' in a loud voice. It worked.
Ready for trialllllllllllllllll he would say when you would announce ready. So many stories about that guy. Loved sex drug and rock and roll. Was just telling stories about him. Rip
Loved his music. RIP true artist.
Check out this video from this search, rik zweig https://g.co/kgs/rZ2iYJr
What Judge today is the closest to Judge Ric M in conduct and personality Rumpole?
Judges today couldn’t dream of behaving the way their colleagues did in the 60’s -2000’s, never mind the 30’s, 40’s and 50’s.
It was cruel and not pretty. They would say and do things which were outrageous and would never be tolerated today
It was a man’s world for a long time and the Judge was the King of the Kingdom.
Nobody dared run against them. If the lawyer/candidate lost the election they would blackballed by the other judges and practicing law would be almost impossible.
Most all of that changed when the press and practicing lawyers were willing to “drop a dime” on the judge and their deeds, in and out of court, became public. Things changed for the better.
And say it with a country accent
His dislike for theft cases came from when his car got broken into in the early 80's. But I don't remember him ever launching anyone on a theft case. He always gave the right sentence and he was always fair with the Court's plea offers. I do remember dancing with him one time after a sounding calendar because he had just gotten back from central America and was in a terrific mood. Zweig was a bit meshugena but he was mensch.
He was the Hunter S Thompson of the bench
🤣
Once I walked in for an arraignment on a felony criminal mischief case with a check from my client for the damage to whatever it was, I don’t remember. He said, “Ok, pre-trial diversion.” State said “Judge, we’re not offering pre-trial diversion.” After a few minute back and forth and beat down, the ASA (looking for a supervisor that wasn’t there) said “ok, pre-trial diversion.” I remember defendants in the box asking for a trial at arraignment and after he set the case for 5 months from then, they’d said “wait wait wait….” and plea. His hearing was better than any dog. In the middle of many sentences he would say “I can hear someone talking.” No one else could.
Any info on funeral arrangements. I would like to pay my respects. PVH hearings were intense before Ric - calendar was masterful. Loved when he would scream silence ! You could hear a pin drop.
he once sentenced a woman to 364 on a pvh for non payment and put her in the box. Private lawyer defense was no ability to pay. I thought to myself , this is illegal and wrong as he left the bench. The lady started to scream and reached into her bra and pulled out a wad of cash. He was right.
Not sure if he mitigated the sentence. He did that a lot.
I loved his music!!!!!
Rump, please keep posting notices when someone passes. It is a reminder that life is very short. We need to keep evaluating what is really important in our lives and discard the bullshit.
Rick had balls. After he retired he became a boxing judge, then an old rocker who put out albums, he spent a few years being the interesting American in the tropics where he married, divorced and raised step kids. His antics during calendar were hilarious to watch but he was a great trial judge with a keen eye for right and wrong. I traveled the circuit with him when I was a county A.S.A and branch court was held in auditoriums and halls, he was great. My favorite story occurred when he sat as a senior judge. He stopped a plea colloquy after reading the arrest form, brought up an obvious issue in his own dramatic way whereupon the State nolle prossed, embarrassing the non caring lawyer. He lived the moment and- gave his heart to it. The world is a lot less interesting for his absence. I know it’s been a tough week in a tough year with the passing of Citra, Bob and Ric but we’ve been damn lucky to work with and befriend such great people.
Wolfson is the Dorothy of the bench
Milian is the Jack Nicholson of the bench
De la o is the Harry Potter of the bench
Young is the Carson Kressley of the bench
Fajardo Or Shan is the Cruella DeVille of the bench
Lopez is the Mister Magoo of the bench
Bloch is the Daddy Warbucks of the bench
Gonzales-Marquez is the Jackie O of the bench
Delancy is the Oprah of the bench
Miranda is the Kris Kardashian of the bench
Hirsch is the Cardozo of the bench
Hersch is the Eric Cartman of the Bench
Altfield is the Pavarotti of the bench
Verde is the Mr. White of the bench
I was a clerk that once worked with him. Loved him. Took the attorney's off their high horses and made them real.
Ok so is the woman who dated BOTH Alex and Ric going to reveal herself or at least bless us with some stories she must have of these two famous REGJB characters? Like what a duo to have in your lineup.
For 15 years I was his Bailiff. Rick was a pro victim and he disliked liars. He demand it order in his court and I'm sad to hear of his passing. RIP
He was my first supervisor when I became a PD in 1980. He would tell me he was one of the best Trial attorneys in the office. I got a chance to watch him try the Bonvillain brothers trial around 1983. It was a brutal crime against a young woman who miraculously survived.He was phenomenal.
Funny how when someone passes away our memories tend to lean towards the positive. I was once in front of him as a criminal defense attorney and was next up in line to have my case called. The attorney in front of me had filed a motion to reduce bond. His client, a young black man was in the box, and the parents were standing next to the attorney. The clerk handed the judge the motion and after glancing quickly at the motion, he threw the motion over the head of the clerk at the attorney and told him, “when you learn how to spell my name, you can refile the motion!”. He had spelled him name ending in “ios” instead of “ius.” So this kid had to spend another night in jail. I am sorry he passed away but let’s not glorify him.
Rest in peace.
RIP
I worked in Juvenile SAO when Rick was the division chief in the late 70s. Rick was professional, a pleasant co-worker and boss, and not the quirky individual that the comments have highlighted. News to me, but glad to see them, because they are indeed rich in Gerstein Bldg. lore. (Rumpole is 100% right about how survivors and friends of the late person appreciate the comments.)
List of Judges as movie characters, etc., is right on, except that Hirsch is no Cardozo.
Loved Jay Kolsky's comments; always a gentleman, great sense of humor and civility, glad you are still in the game.
In telling stories about the various "old days," I can tell most of you are men; being a woman prosecutor was a daily walk on hot coals; same as a defense attorney. And that, sadly, has not nearly changed enough.
I was Ric's DC from the SAO in the early 1990's. When I first came in, he took me into his chambers and showed me a report of the various judges caseloads. His was squarely in the middle. He emphasised to me that was where he wanted to keep it...never the lowest; never the highest. No one could sell a plea offer like he could. Some mornings, my biggest job was to talk him off the ledge. In spite of his quirks, justice was usually done in his courtroom. My deepest condolences to his family.
Many years ago, as a UM student, I fought off an attempted kidnapping by a stranger one block from my apartment. He grabbed my arm and tried to drag me off the sidewalk. I hit him with all my strength and was able to break free. Then I ran screaming up the street, with him running after me. My screams caught the attention of some neighbors. As they started coming out of their homes to see what all the screaming was about, the stranger ceased his pursuit. I made it to my apartment, where I locked the door and called the police. Somehow the police were able to find him and arrest him. The neighbors told me and the police that they saw him get into the front passenger seat of a car, which then drove off. So, there were at least two of them. As it turned out, at the time of my attempted kidnapping, the stranger had served time in prison for rape and was on probation. I remember going to court and testifying. Judge Margolius gave him a significant sentence. Thanks to Judge Margolius, I was able to finish school without fear.
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