Cuba has no oil. Cuba has no source for energy. Cuba is unable to produce electricity.
Cuba is dark.
Thursday CIA chief John Ratcliffe flew to Cuba and met with officials, but not the leader.
Is this the start of the change we have been waiting for?
When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
Cuba has no oil. Cuba has no source for energy. Cuba is unable to produce electricity.
Cuba is dark.
Thursday CIA chief John Ratcliffe flew to Cuba and met with officials, but not the leader.
Is this the start of the change we have been waiting for?
We've been wanting to do this for a while. For those of you unfamiliar with the Mount Rushmore challenge, it is picking the four best of something, like steak sandwiches, Dolphin Players, etc. Herewith is our Mount Rushmore of REGJB judges, with the following parameters: 1- no current judge; 2- circuit court judge; 3- Impact on the court system and community versus smartest, best, nicest, etc.
4. Stanley Goldtsein. First Drug Court Judge of the first drug court in the nation. Brought into the criminal justice system the concentrated and systematic approach to helping a defendant end their drug addiction and break the cycle of arrest and incarceration. A former Miami Motor-cycle cop, and a heck of a nice guy to boot. Judges and defendants in drug courts around the country are all sitting in the shade of his oak tree that he planted decades ago.
3. Ellen Morphonios. One of the first female circuit judges (Mattie Belle Davis was the first Judge in Miami we believe, but she served in the old Metropolitan Court) and in 1970 became the first female circuit court judge elected to the bench. Prior to becoming a judge she was one of the first female prosecutors hired by State Attorney Richard Gerstein. Groundbreaking, she often was larger than life because of her over whelming personality - did you know she hosted a late-night radio talk show when she was on the bench?. Said "sorry Merc" when she gave Dolphins star running back and member of the legendary 1972 undefeated team the fifteen-year drug trafficking min man (later reversed on appeal). Not our favourite judge, but once she got to know us, she treated us well, and while defendants got slammed for losing, she let most everything in for the defense, turning trials into wild west shootouts. She makes Mount Rushmore based on her legend, her over-sized personality, and her tight control over her courtroom- announce ready for trial during the initial calendar call and everything stopped and a jury was brought down. Were there many judges who were "better" than she was? Sure. But none cast as large a shadow.
2. Gerald Kogan: a legendary trial judge who on December 30, 1986 was appointed from his seat in the REGJB to the Florida Supreme Court (and how we know this from memory is a clue to our identity...). Justice Kogan eventually became Chief Justice of the Florida Supreme Court-local judge makes good. He had as great a legal mind as any judge or lawyer you will ever come across, and he was as humble as pie.
1. Not a close call. Brillant. Given to quote scripture in a southern homespun way (often said "well bless your soul" in response to an objection, causing confusion amongst the lawyers over whether the objection was sustained or overruled) and the Judge who presided over Ted Bundy and sentenced him (see below). In many ways the Judge against whom all other judges who sit at the intersection of 12th street and 12th avenue are measured. Our number one judge on the REGJB Mount Rushmore is none other than the Honorable Edward Cowart.
Turn up the volume so you can hear Judge Cowart sentence Bundy to death and then tell him that he wished he had taken a different path in life and would have enjoyed having Bundy appear before him as a lawyer.
Hawaii, of all places, has instituted a Women's Court- asking this question:
Can we create a system of justice that looks wholly different from what most of us imagine when it comes to crime and punishment, while still demanding accountability from perpetrators? What if court were a place that afforded someone the opportunity for a complete reset, with entryways to jobs, housing, education? What if instead of punishing people who’ve been broken many times over, we helped to heal them?
The answer, of course (DeSantis drones, click away now- this will be offensive to you) is a resounding yes. Why?
The avenues that lead women to jail tend to differ from those for men. Criminologists have long understood this. What happens with women is often a layering of trauma and abuse. They might have economic instability or mental health challenges that allow them to be exploited by violent partners. They might exchange sex for food or housing, and then get arrested for any number of infractions: prostitution, trespassing, drugs. The criminal-justice researcher Stephanie Kennedy calls these “crimes of survival.”
Before we had a bench full of Federalist drones (who don't understand the philosophy, but love anything for an appointment) we had judges like Stanley Goldstein (a former Miami motorcycle cop) and Jeffrey Roskinek (a former Gables high school teacher) who believed more in the person before them than the strict application of every law to every person every time the same way. In other words, they were judges who used discretion to make the lives of the people before them better, rather than calling balls and strikes. Not surprisingly Stan Goldtsein was the founding Judge for Miami's first in the nation drug court, and Judge Rosinek succeeded him and took it to new and greater heights. Both men proved that when judges, prosecutors and defense attorneys work for the good of the defendant, great things happen. Rehabilitating a person saves them and saves the taxpayers enormous sums of money in moving someone out of the revolving door of prisons.
In other words, locking someone up doesn't do a damn bit of good for the vast majority of people in the criminal justice system for non-violent crimes (or BS "violent" crimes like agg assault with a squeegee- yes that was a real case in Miami) when the reason they keep getting arrested has an identifiable genesis - like drug addiction or being in an abusive relationship, or enduring an abusive childhood.
Of course in Miami the State Attorney's Office (victim wants max) and the Judges all vying for the next appointment to the 3rd DCA or Supreme Court all believe that guidelines are guidelines and judges don't make policy ("great argument counselor, please make it to the legislature, motion denied"). They are fully invested in the punishment not rehabilitation paradigm of criminal justice. How's that working out for you? How do you feel sentencing a twenty-year-old to decades in prison for a drug crime? Are you doing the lord's work trying to become the next judge or prosecutor with the nickname of maximum...?
The program in Hawaii, reported on by the failing NY Times here, works. As does veterans court, drug court, mental illness court, and so on. Because what we know- from the statistics- is that for 98% of cases in the criminal justice system, the defendant and the community benefit when all parties in the system work together to provide the client support rather than blindly punish her if she pleads or goes to trial and loses (not that there's such a thing as a trial tax! Oh no no no. No one gets punished for losing a trial. 6th Amendment and all that doncha know.)
Is there a bitter edge to this post? Ya Think? What gave it away?
It's our knowledge that almost (with a few exceptions) no judge or prosecutor in this community would ever risk their career for doing the right thing for someone.
Less than 50 days and counting and some days it cannot end soon enough.
Did you know courts in Miami-Dade are closed tomorrow- Friday? We did not. It's National Pineapple on Pizza Day, or some such other nonsense.
Did you know it's day three on Friday of the jury deliberations in the Haitian President Assassination case? Longtime and careful readers know how we feel about Friday verdicts. Avoid at all costs!
| A crime against Pizza |
Your pizza toppings? Our go-to are onions and mushrooms. We are not averse to having ranch on the side, and we are a big fan of putting our salad on our pizza. There are some new slice and pie places in Miami. What should we check out before we check-out of Miami?
Enjoy your weekend.
On December 29, 1970, having lost his reelection bid, and with two days left in his term, he drove to the Arkansas prison holding death row inmates, and interviewed each one of them. He reviewed all of their files, and the case facts, and the next day he commuted all of their death sentences, the largest single act of commutation of death sentences until 2003 when then outgoing Illinois Governor George Ryan commuted the death sentences of 167 inmates on death row.
Politicians were different back then. Some cared and did the right thing.
THE CAPTAIN REPORTS:
YOUR FOUR NEWEST MIAMI-DADE COURT JUDGES ARE:
CIRCUIT COURT
Judge Elizabeth Espinosa. A former ASA, she was appointed by DeSantis to the County Court in December 2019. She won election in 2022.
Judge Jorge Perez Santiago. He was appointed by DeSantis to the County Court in May 2023. He won election in 2024.
COUNTY COURT
Michelle Roth. A former ASA, she was in private practice. She has been a member of The Florida Bar since 1995.
Andrew McGinley. A former AAG, he was serving as the General Counsel for the Department of Children & Families. He has been a member of The Florida Bar since December 2018.
All four were appointed to newly created judicial seats under SB 2508.
SO, YOU STILL WANT TO BE A JUDGE .....
There are four more open seats, including two on the Circuit Court by virtue of the retirements of Judge Jose Rodriguez and Judge Marcia Caballero, and two more open seats on the County Court.
And yes—those County Court openings come with a backstory.
As previously reported, Judges Jason Reding Quinones and Yara Klukas resigned last summer to assume leadership roles with the U.S. Attorney’s Office in Miami. Under the Florida Constitution, that should have triggered the appointment process within 30 days.
It didn’t.
Eight months later—after a few well-placed nudges from Captain Justice to General Counsel David Axelman—the Governor’s Office finally accepted the resignations and directed the JNC to begin the process.
Better late than never… but eight months late is still eight months late.
THE APPLICANT POOL:
CIRCUIT (10)
CIRCUIT & COUNTY (7)
COUNTY (9)
Governor DeSantis is expected to name Judge Kevin Emas' replacement sometime in the next week.
May 4- June 30. - 57 days remaining until we stop blogging. We are not kidding about this.
Where is the next REGJB Jedi Knight...Tatooine?
It's not Dimaggio's 56 game hitting streak, but still... our streak of NOT attending the Miami FACDL's banquet continues tonight. We are at about 44 or 45 and we do not believe we will ever end this streak until we just fade away.
But Saturday is the big night where judges running for re-election show up and mingle with criminal defense attorneys and everyone pats each other on the back. Rubber chicken is served (along with the more important open bar- bring fives to tip those bartenders!), and a (supposedly) good time is had by all.
Our favourite part is the speculation on the awards. It's not as intense as picking the Dolphins sixth round pick in the 2028 draft, but it is still fun during those boring moments when co-counsel is trying to cross the crime scene detective and explain why their client's bloody fingerprint was found on the knife.
Our favourites....
Nicest Judge; Meanest Prosecutor; Most Helpful Clerk; Most Clueless Lead Detective; Largest Fee For a No-Action; Best New App For Games During Trial; Most Embarrassing Voir Dire Response (never to surpass "I'm pretty sure I can pay attention to the testimony so long as you zip up your fly during trial"); Most Typos in a Judicial Order;
and the highlight of the night...the awarding of the prestigious
Alex Michaels Award For Congeniality.
For those of you going, have fun!
SECOND POWER OUTAGE UPDATE: Someone ran over to FPL with a credit card and paid the bill and the power in the courthouse has been restored. Let justice flow...
TUESDAY POWER-OUTAGE UPDATE- There is a total power outage at the Lawson family courthouse. Apparently someone forgot to pay the bill. Again. No estimated time for restoration of power as of 2:08 pm. So once again, judges and litigants are left in the dark. Let the puns flow...
There is a reason why we relentlessly mock and criticize the Dade state attorney's office for abandoning their discretion and surrendering the ability to do justice when their drones roll up to the court podium and intone "victim wants max". Because tragedies like this occur:
Jessie Askew was 23, broke, and a new father in 1998, when he and a friend went into a fresh market where he worked, wearing masks, and demanded cash. It was a stupid and botched robbery. Kelly Burke was a new prosecutor in Georgia, intent on establishing a tough reputation. Angry that Askew had elected to go to trial despite the overwhelming evidence, he won and sought imposition of Georgia's mandatory life without parole sentence. Sound familiar? Young prosecutor trying to make a name. Trial tax. Mandatory sentence with no judicial discretion. Young and immature defendant under intense pressure and making stupid choices.
So here we are 28 years later. Askew is a grandfather and mentor to young prisoners. Burke is retired, dying of cancer, and has spent over a decade trying to right the most serious wrong of his career. This is what a real prosecutor does, although in Mr. Burke's case, it took a long time and the perspective of age and experience to bring him to the conclusion he was part of grievous wrong.
It all came together, as the NY Times reports here, with Burke testifying and advocating for Askew, while, not surprisingly, the Georgia AG was digging in their heels and trying to finish the destruction of a man's life by arguing that the motions were untimely filed. Nothing like throwing up procedural roadblocks when a man's life is at stake.
This is a feel-good (sort of) story. The judge granted the motion and Askew was freed.
The larger lessons here are that 1) young prosecutors often feel the only way for them to make a name for themselves is to be tough on crime because they are no longer taught that the greatest thing they can do in fulfilling their special role in the criminal justice system is to achieve justice; 2) mandatory sentences remove the checks and balances that a (hopefully) fair judiciary can apply when a prosecutor is simply seeking the max; 3) laws need to be reformed to allow these motions to be brought without the untimeliness roadblock prosecutors love to throw.
Victim wants max? At least one prosecutor in Georgia decided (better late than never) that that is not the way to run a criminal justice system.
Will this matter in Miami where the Dade SAO has mostly forfeited their obligation to seek justice, as it is layered with chiefs, assistant chiefs, and nameless supervisors who only want to keep their jobs and won't stick their necks out to do the right thing? Probably not with this administration.
Janet Reno told all prosecutors that their job was to do justice. When was the last time Ms. Rundle said that and meant something other than "victim wants max?" We invite her to respond, but don't hold your breath.
| Former Prosecutor Kelly Burke, with Mr. Askew's mother, in court, trying to do the right thing. |
Sunday Update:
Other than that Mrs. Lincoln, how was the play?
Long gone are the days when we worried about bond hearings / first appearance in the REGJB. But we know that having Zoom was a boon for our colleagues, especially on the weekends.
But that has apparently all ended because of one bad apple. All that we know was sent in an email from a certain criminal defense organization we are enjoined from mentioning by name. But that email was forwarded to us by several alert readers, and despite risking civil sanctions, we summarize its contents so as to fulfill our altruistic duties to our faithful readers who want to know WTF is going on and why do they have to trek down to REGJB for a bond hearing on Sunday when a bunch of unscrupulous bond companies are going to try and steal the client by calling the client's family members and telling them to come to meet them to get their loved one out of jail. The judicial high council can stop zoom hearings, but they won't do a damn thing about bond companies hustling cases. Shame. Shame!
From the ----- email:
Good evening ----- Miami,
As forwarded below, our Circuit leadership has decided to remove Zoom for Felony First Appearance Hearings.
We have spoken with multiple members of Circuit leadership, and they indicated that this change was precipitated by recent threats against the Felony First Appearance Judge.
We clearly and explicitly condemn threats against our local judges, the judiciary, and judicial independence. A judge should be able to rule on a case and not receive threats against her life, home, and place of worship. Period. Full stop.
...
In speaking with Circuit leadership, we learned that this change had been contemplated for months. Circuit leadership has been continually concerned that Zoom makes bond hearings are streamed via YouTube by a member of the public. This livestream has a comment section where members of the public often express distasteful views on parties to the case—victims, the accused, judges, etc. This YouTube channel and its comment section were being monitored by Circuit leadership.
So now you know why there is no more Zoom for bond hearings. In essence the Circuit Court high council let One Bad Apple spoil the whole bunch. And that's a shame.
It's 66 degrees in the City with a high today of 72. Traffic on the FDR is building around the Brooklyn Bridge. And now coming at ya now it's the Osmands and One Bad Apple on 66, W...NBC!
THE CAPTAIN REPORTS:
ELECTION CENTRAL 2026 ... QUALIFYING WEEK
UPDATED AT 2:00 PM TODAY:
No surprises to report other than perennial candidate Renier Diaz de la Portilla did not pay the $7,590.20 qualifying fee in Group 38 of the County Court. Therefore, we extend our congratulations to incumbent Judge Gordon Murray on his re-election.
We have six remaining contested judicial elections to look forward to this August.
Qualifying for Circuit and County Court closes at Noon today. We will update this post once all final paperwork is reviewed and confirmed. As of midnight, here is where things stand:
CIRCUIT COURT
First, the contested races:
GROUP 5 (Judge Angelica Zayas retiring)
Alexander Annunziato (In-house counsel, Ascendant Commercial Insurance; attorney for 11 years)
Arthur McNeil (Assistant Public Defender; attorney for 19 years)*** (HAS NOW QUALIFIED)
Monica Segura (Senior Managing Associate General Counsel for Universal Property & Casualty; attorney for 20 years).
GROUP 35 (Judge Orlando Prescott retiring)
Renee Gordon (Assistant Public Defender; attorney for 30 years)
Cristobal Padron (Private practice, family law; attorney for 14 years)*** (HAS NOW QUALIFIED)
GROUP 67
Incumbent Judge Mavel Ruiz
Destiny Goede "Alvarez" (Insurance defense; attorney for five years)
We previously posted about the shenanigans that Ms. Goede "Alvarez" pulled with her multiple name changes, twice in two months, under the title "The Name Game," and we encourage you to read it again. You can find it here. (scroll down to Group 67).
GROUP 69 (Judge Richard Hersch retiring)
Rita Baez (Private practice, personal injury; attorney for 30 years)
Yaneth Del Carmen Baez (Assistant State Attorney; attorney for 9 years)
Bonita Jones-Peabody (Private Practice, former APD; attorney for 35 years)
GROUP 76
Incumbent Judge Spencer Eig
Yenly Dominguez (Private practice, real estate & estate planning; attorney for 7 years)
CONGRATULATIONS TO THE FOLLOWING JUDGES
Twenty-seven incumbent judges were automatically re-elected after drawing no opposition:
COUNTY COURT
Again, we begin with the contested races:
GROUP 25
Incumbent Judge Luis Perez-Medina
Maribel Diaz (Miami-Dade Tax Collector’s Office; attorney for 17 years)
GROUP 38
Incumbent Judge Gordon Murray
Renier Diaz de la Portilla (Private Practice; attorney for 18 years)***
***Indicates that the candidate has not yet paid their qualifying fee.
Nine incumbent County Court judges were automatically re-elected:
Best of luck to all of the candidates. Voters go to the polls on August 18, 2026.
The first night of the NFL draft is this Thursday night, conflicting with Bruce Springsteen's concert in South Florida. 😖
Here is our Dolphins Mock Draft.
The Dolphins pick 11 in the first round. We have the Raiders taking Mendoza (duh); Jets-David Bailey; Cardinals -Sonny Styles; Titans -Jerimiah Love (best player in round 1); Giants- Arvell Reese; Browns Makai Lemon; Commanders Caleb Downs; Saints- Jordan Tyson; KC -Francis Mauigoa; and Browns at 10- Jerod McCoy.
The Fins want a wide receiver, but with Tate, Lemon and Tyson all off the board, we have them taking Spencer Fano, a 6'6 311-pound bruising, volent tackle. I'd like to see them trade down 5-7 spots and then grab Omari Cooper, Jr., the 6-foot polished WR from Ohio State. But 10 is too early to reach for him.
The Fins also have a second pick at 30 in the first round. and here is where they can grab Denzel Boston, a 6'4 WR from Washington with a wide catch radius and the kind of receiver who will win most 50/50 balls.
In round 2 the Fins pick at 43 and the problem here is that there is great value on the board with WRs like Chris Brazzell from Tennessee, or Germie Bernard from Bama, so again we'd like to see them trade down ten spots. But if they have to pick here, then to help protect their new QB and dominate the run game they draft a second OL- Emmanuel Pregnon- at 6'4 and 315 pounds, he plays angry and is highly athletic for his size and can plug any hole on the line.
In Round 3, picking at 75, they start adding to defense with Davis Igbinosun, a 6'2 190 pound CB who plays fast and physical and has a high ceiling to become a solid NFL lockdown corner.
The Fins have a second pick in round 3, and at 87 they are going big with Florida State nose tackle Darrell Jackson, Jr, who at 6'6/330 is anchoring the defensive line with his size and 35 inch massive arms. He brings a nasty to defense that the Fins need.
Another pick for the Fins in round 3 at 90 (and they can package these if they want to move up in rounds 1 or 2) and the Fins grab Jonah Coleman, a 5'9 /220 pound running back from Washington, who is quick, big, and can be a great compliment to Achane, and pick up those tough yards on 3rd or 4th and 1-2.
And finally, believe it or not, they have a fourth pick at 97 in round three- and here they are choosing between Zachariah Branch- a blazing fast WR/kick returner who is 5'10 and a state champ in the 100 meter and 200 meter dash, and in long jump. Or they can nab Malik Muhammad- a 6' 180 cornerback who can quickly start in the nickel package. As much as we like Muhammad, we can't overlook the athletic value of Branch and that is their selection.
In Round 4 at 130 there are some interesting options here, and we are going to shock everyone- the Fins select Garrett Nussmeier- Quarterback LSU as the third QB off the board behind Miami native Mendoza and Ty Simpson. Nussmeier has a polished game, is ready for the NFL pro offense, and QB is clearly a position in flux in Davie right now. If not thim, then I see them grabbing the UM QB Carson Beck in round 6 or 7.
In Round 5 at 151 this all about best player available, and on our board we have Eli Randon, a giant 6'7/250 athletic tight end from Notre Dame (making Judge Moreno smile) who can stretch the field and dominate DBs, all of whom he towers over.
The next pick in what appears to be a never ending cornucopia of talent is in round 7 at 227, the Fins stay local and grab UM safety Jakobe Thomas- a 6'1/211 fast flowing -downhill hitter who in 2025 had 76 tackles, 3.5 sacks, and 5 ints. Thomas is a good all-around safety to plug holes and who may be able to crack the starting lineup in years 2,3,4.
And finally at 238 the Fins are going to pass on Florida State Edge rusher Tyrek Sapp who doesn't have the physical skills to really contribute in the NFL (IOHO). The Fins select Red Murdock, a 6'2/232 LB from Buffalo who had amazing production over three years in college including 358 tackles, 40 tackles for loss, 9 sacks and an eye-popping 9 forced fumbles. At the least he contributes right away on special teams, and who knows what his upside can be in the right system.
So there you have our Fins 2026 Mock Draft, We plugged this into a draft simulator and got a solid B. The only pick that was graded an A was TE Eli Randon at 151. Fano and Pregnon- OLmen at 1 & 3 are not sexy, but they are the guys who win games in the trenches. Denzel Boston at 30 is a great value and a much better pick then the reach Miami would have made at ten for Cooper (who is not a top ten talent) with the top three receivers they covet off the board.
All of this being said, what would be ideal would be for them to package the pick at ten with a few of their third-round picks and move up to Cleveland at 6, or Washington at 7, which will give them the chance at a top 3 WR.
How will we do? Let us know, because right around the time the Fins are picking Bruce will be singing Bobby Jean or Badlands "Poor man wanna be rich, rich man wanna be king, and the king ain't satisfied until he rules everything."
Now how in the world did he write that in 1977, and yet it's more relevant today than when he wrote it?
The question as we begin the 3rd week of April now has a new component: What will occur first:
1) The Straits of Hormuz opening?
2) The Escalator on the first floor of the REGJB working? Or now...
3) The NY Mets winning a game?
The Mets are currently mired in an 0-11 streak, causing significant distress to Rumpole's baseball betting bankroll.
More news this Monday. The administration has currently begun refunding over 166 billion in illegally collected tariffs. Which means Trump paid for the tariffs before Mexico paid for the wall.
US equity markets set to open down Monday morning as they digest the news of the US seizing an Iranian cargo ship in the Gulf of Oman. If you've missed out on some stocks, now is the time to watch and perhaps snap up a few shares of say Palantir, Tesla, Applied Materials. We sold out of Coherent after it broke 310 and promptly missed an additional run to 345 😢. We could have used the additional cash considering the financial disaster the Mets have wrought.
Enjoy the week even if the State announces that the victim wants Max.
A long time ago, in a galaxy far far away, a Jedi knight named Daniel Ellsberg broke the Pentagon Papers story by leaking a series of Pentagon studies to the NY Times demonstrating that President Johnson and Defense Secretary Robert MacNamara had lied about their plans to enlarge the US engagement in Vietnam. Many DeSantis drones are now scouring Snap and IG looking for Ellsberg's accounts thinking "I'm pretty sure I've followed his restaurant recommendations..."
Now we have the Supreme Court Shadow Papers- the story broke in the NY Times on Saturday. The Times obtained from someone or some people a series of Supreme Court Justices memos in 2016 over a period of five days, started by Chief Justice John Roberts (motto: "Doing more than calling balls and strikes behind the scenes") who was desperate to stop the Obama Administration and the EPA from imposing new restrictions on power plants so as to halt the global warming crisis. Roberts wanted to grant a stay application of the EPA plan after the DC appellate court refused to do so. As the Times posits, based on a series of opinions by legal experts other than Rumpole, this was the start of the current Supreme Court shadow docket. No more would conservatives live and die by the maxim that judges should not legislate. Now conservative supreme court justices would legislate if the challenged law offended their sensibilities, as the EPA rules surely did- because to follow the rules, states and power companies would incur billions and billions of extra expenses, and Roberts couldn't allow Obama and his minions to be correct about global warming- especially at the expense of corporate bottom lines.
As the Times powerfully points out, nowhere in any of the Justices' memos that flew back and forth was there even the barest mention of the dangers of global warming.
The article is here, and it is worth a read for anyone other than ASAs who are too busy writing "victim wants max!" on their plea sheets for Monday.
State wants max ASAs eat here
Sometimes we confront the difficult questions of the day. We are known for our willingness to address the hard questions. By holding up a mirror, we force a discussion of topics others avoid. Sometimes it's hard. If this is not for you dear reader, we apologize in advance. Perhaps today is the day you quickly click to Mr. Markus's blog for a scintillating discussion of a footnote in an eleventh circuit opinion. It's okay with us. You can always check back tomorrow.
Here it is.
Major League Baseball players were asked this question: "If you could only have one condiment for the rest of your life, what would it be?"
Here are some of the answers.
Shohei Otani: Mayo; Mookie Betts: BBQ sauce (mustard and ketchup don't travel well); Hunter Greene: Blue Cheese; Josh Jung: Jalapeno Ranch; Aaron Judge: In-n-Out secret sauce; Bubba Chandler and James Tallion answered Cholula, a condiment we are not familiar with. Alex Bregman: mustard; and several players picked ketchup.
Maybe the best answer came from Cam Schlittler, whose answer reminded us of what we are sure many of our robed readers would say: Antarctica! Cam is now our guy.
Is Russian dressing or Thousand Island a condiment? Because remember, you're not putting ketchup or mustard on a salad or baked potato. It's a deep question, worthy of the best legal minds of the REGJB. If you Google the matter you will see Reddit (Motto: "Yet another social media type site Rumpole avoids"...ok, that's not really a motto, but still...) threads devoted to in depth discussions of the issue.
In one of favourite Shakespear plays, Measure for Measure, Claudio was sentenced to death, and asks his friend Lucio to ask his sister Isabella who is about to become nun to go to the city deputy to go beg for his life. Isabella replies "What poor ability's in me to do him any good?" Lucio replies "Assay the power you have." Isabella responds "My power alas..." Lucio cuts her off and says:
"Our doubts are traitors, and make lose the good we oft might win by fearing to attempt."
Words to live by.
How do you like the Captain muckraking and shaking things up in Tallahassee? This Blog has a purpose.
Are we out of the woods? Warren Buffett said "When people are fearful, be greedy. When people are greedy, be fearful." People were fearful in March, and now the markets are hitting all time highs.
But is there another shoe, or ship to drop in the Straits of Hormuz? Are we one tanker or US Navy ship hitting a stray mine away from a bigger problem? "When people are greedy be fearful."
Speaking of shoes, when you arrive at the REGJB for a court hearing on 2, or 3, or 4 do you clog up the elevator or take the stairs because the escalator is still out? How many floors will you walk up before taking the elevator? Does Health Secretary Robert Kennedy Jr. ( Weirdo, Pluto) have anything to do with the first-floor escalator being out and forcing people to walk up the stairs? Is walking a cure for measles, because he opposes the measles vaccine.
Our simple question to you anti-vax nuts, who didn't want the covid vaccine because you didn't have time to research what was in it. When you're dying of a burst appendix and they wheel you into the operating room and begin giving you anesthesia, fluids, and antibiotics, will you refuse the drugs and not get the surgery because you don't have time to investigate what is in the anesthesia and other drugs and fluids? Let us know.
THE CAPTAIN REPORTS:
EIGHT MONTHS OF SILENCE — UNTIL WE ASKED QUESTIONS
Funny how that works ...
On April 7th, we told you that “SOMETHING VERY FISHY IS GOING ON HERE” regarding two vacant County Court seats in Miami-Dade.
We went digging. Public Records Requests (PRRs) went out. And now, the timeline tells the story.
On August 13, 2025, County Court Judge Jason Reding Quinones submitted his resignation to Governor DeSantis, advising that he had been nominated by President Trump to serve as the next United States Attorney for the Southern District of Florida.
On September 25, 2025, County Court Judge Yara Klukas followed suit, submitting her resignation to accept a position as First Assistant U.S. Attorney—under Quinones.
Two resignations. Two vacancies. Clock starts ticking.
Under the Florida Constitution, the process to fill a judicial vacancy must begin within 30 days.
Instead?
Nothing.
Not 30 days. Not 60. Not 90.
Nearly eight months of radio silence.
No publication of the resignation letters (as is customary).
No request to the Judicial Nominating Commission (JNC).
No applications. No interviews. No nominees.
No replacements.
Just… nothing.
So, on March 25, at precisely 1:38 PM, your Captain Justice sent an email to the Governor’s General Counsel, Ryan Newman, asking a simple question:
Why had the constitutional process never even begun?
Newman has yet to respond.
But here’s where it gets interesting.
Within the hour of that email, Governor DeSantis suddenly sprang into action.
He drafted and signed two letters, (without ever even thanking the Captain).
The first, addressed to “The Honorable Jason Quinones, 11th Judicial Circuit of Florida,” stated: “I accept your resignation as Judge of the Miami-Dade County Court.”
Date of the letter?
March 25, 2026.
A small problem: by that date, Quinones had already been serving as the United States Attorney for roughly eight months.
Even better—the letter was sent to a courthouse address… for a judge who hadn’t been a judge in eight months.
DeSantis sent an identical letter to former Judge Klukas—same date, same format, same courthouse address.
At that point, Klukas had already been serving as First Assistant U.S. Attorney for seven months.
Then—still on March 25, shortly after those letters were signed—Deputy General Counsel David Axelman emailed JNC Chair Eliot Pedrosa, directing him to finally convene the Commission to begin the process of filling the two long-vacant seats.
Amazing how that works.
Eight months of inaction… followed by a flurry of activity within hours of one email from Captain Justice asking questions.
Coincidence?
You decide.
As for answers—don’t hold your breath.
I called Axelman. Multiple times. Left messages.
I emailed him. Asked for an explanation.
Nothing. No response. No return calls.
And that, folks, is where we stand.
Two judicial seats sat vacant for the better part of a year.
A constitutional mandate ignored.
And only when someone started asking questions did the machinery of government suddenly come to life.
Draw your own conclusions.
JUDICIAL ELECTIONS – UPDATE …
Two new filings since our posts last week.
Circuit Court – Group 5
Attorney Monica Segura has entered the race, joining Alex Annunziato and Arthur McNeil. Segura is the Senior Managing Associate General Counsel for Universal Property & Casualty and has been a member of The Florida Bar for 20 years.
Interesting note: Segura applied to the JNC in its most recent round, when two Circuit and two County Court seats were open. Out of 32 applicants, she interviewed for both Circuit and County. The JNC ultimately forwarded 24 names to the Governor—Segura’s was not among them. Now she’s taking her case directly to the voters.
County Court – Group 25
Attorney Maribel Diaz has filed against incumbent Judge Luis Perez-Medina. Diaz has been a member of The Florida Bar for 17 years and currently works in the Miami-Dade Tax Collector’s Office.
Keen readers of the Captain will recall last week’s Incumbent Vulnerability Quotient (IVQ), © 2026 rankings. Judge Perez-Medina came in at number three. It appears Ms. Diaz may have been paying attention.
TO KNOW THAT EVEN ONE LIFE HAD BREATHED EASIER BECAUSE YOU HAVE LIVED. THIS IS TO HAVE SUCCEEDED.
Ralph Waldo Emmerson.
As we reflect on leaving law, we become introspective, musing about all we did, and did not do. The successes, the failures, and worst of all- the times we did not try.
Straits of Hormuz closed.
Straits of REGJB escalator- cerrado.
Head over to DOM's blog where's he's obsessed with new federal judges (Judge Artu), time for voire dire, classic rock, hard forks and Satoshi Nakamoto. Really!
While we are waiting for things to open, think about these things:
Bookkeeper is the only word with three consecutive double letters.
Miami is the only major US city founded by a woman (Julia Tuttle).
Pacific Ocean has three C's- each pronounced differently.
The State is still saying victim wants max.
"Sanction" is a contradiction. It means both to allow something, and to punish. Someday judges will sanction male lawyers in Miami appearing in court in July and August without a coat and tie without imposing sanctions.
Typewriter is the longest word you can write using only letters on the top row of a keyboard.
Broweird is still the weirdest courthouse on earth. And we don't mean the physical building.
Is that bug still running against Judge Murray?
THE CAPTAIN REPORTS:
ELECTION CENTRAL 2026 – PART TWO
CIRCUIT COURT
Three Circuit Court judges are retiring this cycle. There are 29 incumbent judges running for re-election, and only one has drawn opposition.
GROUP 5 (Judge Angelica Zayas retiring)
Alexander Annunziato (in-house counsel, Ascendant Commercial Insurance)
Arthur McNeil (former Assistant Public Defender, Miami-Dade County)
Annunziato was suspended for 60 days by the Florida Supreme Court, effective August 1, 2019. The suspension stemmed from a May 2018 arrest for attempting to purchase $20 worth of heroin from an undercover detective. See State v. Annunziato, Case No. F18-9913 (Miami-Dade County Circuit Court).
To his credit, Annunziato stipulated to probable cause and agreed to the findings. A Consent Judgment was entered with the Florida Supreme Court. He completed Miami-Dade Drug Court, participated in the Florida Lawyers Assistance Program, underwent 45 days of residential treatment, and continues to attend 12-step meetings. He was represented by attorney Richard Baron.
The Consent Judgment can be found here:
McNeil served as an Assistant Public Defender from 2017 to 2024 and is now in private practice. We noted in our research that his current residence is in Broward County. When asked about his plans if elected, McNeil advised us that he would relocate to Miami-Dade County before taking office in January 2027.
GROUP 35 (Judge Orlando Prescott retiring)
Renee Gordon (Assistant Public Defender, Miami-Dade County)
Cristobal Padron (solo practitioner)
Gordon has been a member of The Florida Bar for 31 years. She previously ran for Circuit Court in 2018 against Vivianne del Rio, losing 53% to 47%.
Padron has been practicing law for 15 years and focuses on family law. He ran for Circuit Court in 2024 against Heloiza Correa, losing 52% to 48%—a margin of approximately 9,300 votes.
GROUP 67
Incumbent Judge Mavel Ruiz
Destiny Goede Alvarez (insurance defense)
This shapes up to be one of the more interesting races.
In 2014, Mavel Ruiz unseated incumbent Judge Fleur Lobree with 54% of the vote. (Lobree later went on to serve on the Third District Court of Appeal.) In 2020, Judge Ruiz defeated challenger Marcia Hansen with 55% of the vote.
Now, she faces Destiny Goede Alvarez, a relatively young but well-connected attorney, just over five years out of law school.
We previously wrote about Goede Alvarez in connection with her applications to the Judicial Nominating Commission (JNC) for both Circuit and County Court openings. The JNC nominated her for one of the County Court seats, and her name is currently pending before Governor DeSantis.
Goede Alvarez has been a member of The Florida Bar for just over five years—the minimum qualification for judicial appointment. She earned two degrees from the University of Florida, served as President of Florida Blue Key, and was later inducted into its Hall of Fame. She is also a member of the Federalist Society.
Her experience includes:
Rita Baez (Personal Injury Attorney)
Yaneth Del Carmen Baez (Assistant State Attorney)
Bonita Jones-Peabody (Private Practice, former APD)
Baez has been practicing for 30 years, focusing on personal injury law. She ran for County Court in 2024 against incumbent Christopher Green, narrowly losing 50.8% to 49.2%—a difference of 3,145 votes out of approximately 249,500 cast.
Del Carmen Baez has been an attorney for nine years. She works in the Human Trafficking Unit at the Miami-Dade State Attorney's office.
Jones-Peabody has been an attorney for 35 years. She spent 11 years, from 2013-2024, at the Miami-Dade Public Defender's Office. She is now in private practice.
THIRD DISTRICT COURT OF APPEAL
Judge Kevin Emas retired on March 31, 2026. The next judge of the Third District Court of Appeal will be appointed by Governor DeSantis from the following nominees:
What will open first- the Straits of Hormuz or the first-floor escalator in the REGJB? Both have been closed for about the same amount of time. Both are semi-controlled by unpredictable characters who say and do different things from day to day and hour to hour. Ever try and get a City Of Miami engineer to do anything? For example, it takes a several year environmental study to lower the thermostats in courtrooms. The good news is that the requests made during the cold snap of December 2012 have just been approved, and judges on the fourth floor can warm up their courtrooms just in time for summer. (Don't get us started on summer in Miami. Because come July 1 we will NEVER be putting on a jacket and tie in the summer again.)
It may well be that the escalator needs to be plugged in, but there are several permits, inspections processes that need to be followed, and technicians that need to be retained before the people who run the REGJB can pick up a plug and put it into an outlet. Life in 2026- there's an app for that. And perhaps we should make an app that - like the ones that show the lines at TSA security in airports- shows the moment-to-moment operations of the REGJB escalators. Seems completely ridiculous. So did putting cameras into phones. And yet...
Our bet? The Oil 🛢 flows before the people move at 1351 NW 12th Street.
How about our Captain shaming the governor and Florida into accepting applications for open judicial spots. Who else can do that? It's not like Mr. Markus can move the needle to get appointments in the SDFL. Just sayin being in trial all the time slows the blogging process down.
This is a great blog we built. Someone needs to step up to run it. April, May, June...👻
Some nitwit files against Judge Gordon Murray? We will have A LOT more to say about that in the coming days and weeks. Stay tuned.
Did you buy stocks over the last few weeks? You did if you followed Warren Buffett's timeless advice- Be scared when people are greedy and be greedy when people are scared. And people were scared this last month- and what did the market do Wednesday? 🚀 We may see a sell off this morning as the scaredy cats recoup some of their losses and sell. And we will be buyers, especially of Microsoft, Broadcom, Apple (naturally), and heres a new one we have mentioned but LOVE- ELI LILLY. Jump on the GLP-1 gravy train. They got approval for the pill form of Mounjaro, and their next generation of meds coming out in 2027ish will make even the laziest judge skinny. Afraid of tech? Some health care stocks are a nice haven.
THE CAPTAIN REPORTS:
ELECTION CENTRAL 2026 - PART ONE
The Qualifying period is fast approaching, and several new candidates have recently filed paperwork indicating their intent to run for judicial office. Qualifying Week is set for April 20-24, 2026, with the primary election scheduled for August 18.
COUNTY COURT
There are 11 incumbent judges up for election this cycle. Only one currently faces opposition.
The headline: on April 1, perennial candidate Renier Diaz de la Portilla, filed to run in Group 38 of the County Court, challenging incumbent Judge Gordon Murray, Sr.
You may recall that the last time we wrote about Diaz de la Portilla, he was challenging another County Court Judge - Fred Seraphin - in the 2022 election cycle.
THE HISTORY OF CANDIDATE RENIER DIAZ DE LA PORTILLA
It’s a long one, so buckle up:
... 1996: Elected to the Miami-Dade School Board at the age of 25; served two years.
... 2000: Elected in a special election to the Florida House in District 115; served two years.
... 2002: Lost re-election in the Republican primary to J.C. Planas, 45%-43%.
... 2006-2012: Returned to and served again on the School Board.
... 2012: Ran in House District 103; lost to Manny Diaz Jr., 55%-39%.
... 2014: Ran for Circuit Court Judge; lost to Veronica Diaz 57%-43%.
... 2020: Ran for Miami-Dade County Commission, District 5; lost to Eileen Higgins, 53%-47%.
... 2022: Challenged incumbent Judge Fred Seraphin; lost 56%-44%.
In addition to these campaigns, Diaz de la Portilla has repeatedly sought appointment to the bench through the Judicial Nominating Commission (JNC), without success:
... 2016 (early): Applied for an open County Court seat.
... 2016 (later): Again applied when two additional County Court seats became available.
... 2019: Applied and interviewed for one of four open County Court seats; the JNC forwarded 23 names to the Governor - his was not one of them.
... 2020: Applied again for three open seats on the County Court; he was not appointed.
In 2022, The Captain published several critical pieces regarding Diaz de la Portilla's campaign for his actions in his campaign against Judge Seraphin. The Daily Business Review subsequently reported on those issues quoted from our posts. For those interested, we encourage revisiting:
SHAME ON YOU RENIER DIAZ DE LA PORTILLA, posted on July 28, 2022, which can be found here
RENIER DIAZ DE LA PORTILLA - YOU ARE OUT OF ORDER, posted on August 9, 2022, which can be found here
GET OUT THE HANDCUFFS ??? HAVE THE DIAZ DE LA PORTILLA BROTHERS BROKEN THE LAW ???, posted on August 13, 2022, which can be found here
INCUMBENT VULNERABILITY QUOTIENT
Back in 2022, we questioned why Diaz de la Portilla chose to challenge Judge Seraphin. Of the 15 Countyy Court Groups up for election, 12 incumbents went unopposed. Seraphin was one of four black judges running on the ballot that year, along with Miesha Darrough, Chiaka Ihekwaba, and Julie Harris Nelson.
In the 2026 cycle, Murray is the only black judge of the 11 incumbents. We have no evidence that Diaz de la Portilla choices - either in 2022 or now - were motivated by race.
To analyze competitiveness, we developed a metric: the Incumbent Vulnerability Quotient (IVQ), © 2026. The IVQ considers three factors:
1. Total contributions from donors (excluding candidate loans)
2. Number of individual contributors
3. Amount of money loaned by the candidate
The higher the score, the more vulnerable the incumbent.
As of March 31, 2026, the most vulnerable incumbents are:
Judge Moore, for example, ranked tenth of the eleven incumbents in both total contributions and number of contributors, and sixth in personal loans to her campaign - resulting in the highest IVQ score of 26.
At the other end of the spectrum, the least vulnerable incumbents are:
Where does incumbent Judge Gordon Murray, Sr. fall?
He ranked fourth - just behind Judge Silver - with an IVQ score of 11. In other words, there are seven incumbent judges statistically more vulnerable than Murray.
Yet Murray is the one Diaz de la Portilla chose to challenge.
Why?
We asked Diaz de la Portilla that very question. If he responds, we will let you know.
THE CAPTAIN REPORTS:
SOMETHING VERY FISHY IS GOING ON HERE…
Let’s start with the backstory.
When a judge resigns in the State of Florida, the process for filling that vacancy is governed by the Florida Constitution, Article V (Judiciary), Section 11 (Vacancies), paragraph )(c):
“The nominations shall be made within thirty days from the occurrence of a vacancy unless the period is extended by the governor for a time not to exceed thirty days. The governor shall make the appointment within sixty days after the nominations have been certified.”
In practice, the process begins when the Governor receives a judge’s resignation letter. The Governor then directs the local Judicial Nominating Commission (JNC) to accept applications, conduct interviews, and submit a list of three to six nominees. Once certified, the Governor has sixty days to make the appointment.
Now, here’s where things get unusual.
Sometime prior to August 2025, two Miami-Dade County Court judges resigned from the bench:
... Judge Jason Reding Quinones, who left after being nominated as United States Attorney for the Southern District of Florida; and
... Judge Yara Klukas, who resigned to become First Assistant United States Attorney under Reding Quinones.
Reding Quinones was sworn in on August 18, 2025. Klukas followed on September 26, 2025.
Yet—despite those resignations occurring at least eight months ago, and possibly earlier—neither vacancy was filled.
Your Captain Justice began asking questions.
In March, I sent multiple emails to Ryan Newman, General Counsel to Governor DeSantis, and Eliot Pedrosa, Chair of the Eleventh Circuit JNC. I also checked the Governor’s Judicial Appointments website, where resignation letters are typically posted as a matter of public record.
Nothing.
No resignation letters for either judge.
In seven years of tracking Governor DeSantis’ judicial appointments, I have never seen anything like this. Whether this was a clerical oversight or something more remains unclear.
Here is an abbreviated copy of my email to General Counsel Ryan Newman:
Mr. Newman:
I would like to bring your attention to something very unusual regarding the judicial nominating process.
I am writing to inquire about an open seat on the County Court in Miami-Dade County. More than six months ago, County Court Judge Jason Reding Quinones resigned from the bench so he could be appointed as the United States Attorney for the Southern District of Florida.
There is no record of his resignation letter on the Judicial Appointments website. There is no record of the Governor requesting the 11th Circuit JNC to open the interview process. The JNC here in Miami did not conduct any interviews for the open seat. This is true even though the Florida Constitution requires all of this to happen within thirty days of the resignation. (See Article V, Section 11).
I have been following Governor DeSantis' judicial appointments for the entirety of his two terms. I cannot recall the above situation having happened ever before.
Can you please tell me why the "process" was never begun to replace Judge Reding Quinones? And when you expect the "process" to begin?
Thank you.
Captain Justice
Within an hour of me sending my email, the General Counsel’s office for Governor DeSantis sent a letter to the Chair of the JNC for the Eleventh Judicial Circuit, Eliot Pedrosa:
March 25, 2026
Dear Mr. Pedrosa:
On behalf of Governor DeSantis, I am requesting that you convene the Eleventh Judicial Circuit Judicial Nominating Commission for the purpose of selecting and submitting to the Governor the names of highly qualified lawyers for appointment to the Eleventh Judicial Circuit Court (two) and to the Miami-Dade County Court (two).
These appointments are to fill the vacancies on the Eleventh Judicial Circuit Court created by the resignations of Judge Caballero and Judge Rodriguez and to fill the vacancies on the Miami-Dade County Court created by the resignations of Judge Klukas and Judge Quinones.
.....
The Commission's handling of this matter is most appreciated.
Then, just as suddenly—as if the Red Sea had parted—on March 29, 2026, the JNC issued an announcement.
The Commission is now accepting applications for vacancies “created by the resignations of Judges Yara Klukas and Jason Reding Quinones”. The announcement also includes vacancies resulting from the retirements of Circuit Court Judges Jose Rodriguez and Marcia Caballero. The application deadline is May 1, 2026.
Which raises the obvious question: what happened during the preceding eight months?
You can thank your own Captain Justice for jump-starting the process. To the two eventual appointees, don't forget to thank me on the day of your investiture.
If we get any more information as to why this appointment process was delayed by more than eight months, we will let you know.
A QUICK REMINDER: THE “NAME GAME”
We previously wrote about Jason Reding Quinones in a December 19, 2023 post titled:
“THE NAME GAME: HERE WE GO AGAIN?!”
You can revisit it here:
We invite you to reread the post and the accompanying Comments.
In that post, we examined the troubling practice of candidates changing their names shortly before applying for judicial office:
Attorney Jason A. Reding—now Jason A. Reding Quinones, according to The Florida Bar—changed his name on December 1, 2023.
He had practiced for more than 15 years as “Jason Reding.” Then he applied to the JNC for an open County Court seat. Not coincidentally, December 1, 2023 was also the deadline to apply for multiple open judicial seats in Miami-Dade County.
A NEW LAW ENTERS THE PICTURE
On April 1, 2026, Governor DeSantis signed CS/HB 91 – Candidate Qualification into law.
The statute now provides, in relevant part (F.S. 99.021(4)(c)):
A candidate with no party affiliation must certify that he or she has not legally changed his or her name pursuant to section 68.07 within the 365 days preceding the qualifying period.
Which leads to an interesting hypothetical:
Would the attorney formerly known as Jason Reding have been permitted to run for judicial office under the name “Jason Reding Quinones” under this new law—had he remained on the bench?