THE SUPREME COURT SHADOW PAPERS

 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. 

The actual memos are here. 

State wants max ASAs eat here

 

A COMPELLING QUESTION

 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. 

It's a beautiful spring weekend. Put down that depo transcript and go outside for a bit. 

MEASURE FOR MEASURE

 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. 

EIGHT MONTHS OF SILENCE — UNTIL WE ASKED QUESTIONS .....

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.

CAPTAIN OUT .......
Captain4Justice@gmail.com

WHY WE DO WHAT WE DO

 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. 

CERRADO

 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? 

ELECTION CENTRAL 2026 - CIRCUIT COURT .....

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:

• Judicial intern to U.S. Magistrate Judge Amanda Arnold Sansone
• Service in the DeSantis Administration at the Florida Department of Transportation (one year)
• Associate at GrayRobinson (two years)
• Current partner at Goede, DeBoest & Cross (the Goede is John Goede)

THE "NAME GAME" © 2022

We’ve been down this road before.

Time and again, we’ve seen attorneys suddenly “discover” new last names right before applying to the Judicial Nominating Commission (JNC) or filing to run for judge. It’s a pattern. And it’s not subtle.

Most recently, we pointed out that sitting United States Attorney Jason Reding Quinones managed to find an extra surname just days before submitting his JNC application.

Now, we have a new entrant into the Name Game.

Enter Destiny Goede… then Destiny Goede Alvarez… and now, simply, Destiny Alvarez.

Let’s walk through this.

Ms. Goede married Nicholas Alvarez on May 6, 2023. Nothing unusual there. And yes—taking a spouse’s last name is perfectly appropriate.

But that’s not what this is about.

Because for the next year and a half, she didn’t take it.

In November 2024—eighteen months after the wedding—she was still “Destiny Goede” when she and her husband signed mortgage documents on a Miami-Dade property. Professionally, she continued using “Goede” at her father’s law firm through at least September 2025.

No rush. No urgency. No “Alvarez.”

Then came January 20, 2026.

The JNC announces four judicial openings—two Circuit, two County.

And suddenly… the clock starts ticking.

Two days later—two days—on January 22, “Destiny Goede” becomes “Destiny Goede Alvarez” with The Florida Bar. Application submitted. Interview secured. And by March 13, she’s on the short list sent to Governor DeSantis for a County Court seat.

Convenient timing.

But wait—it gets better.

On March 26, just thirteen days after making the Governor’s list, she goes back to The Florida Bar and changes her name again.

This time, dropping “Goede” altogether.

Now she’s simply: Destiny Alvarez.

Three names. Three iterations. All within a matter of weeks—right in the middle of the judicial selection process.

Coincidence?

You decide.

But here’s what we do know: for nearly two years after her marriage, she was perfectly content to remain “Goede.” Only when a judicial opportunity appeared did the name begin to… evolve.

Call it what you want.

We call it the Name Game.

GROUP 69 (Judge Richard Hersch retiring)

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:

Jeffrey DeSousa
Judge Javier Enriquez
Judge Spencer Multack
Judge Joseph Perkins
Judge Thomas Rebull
Judge Robert Watson

CAPTAIN OUT .......

Captain4Justice@gmail.com