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.

Wednesday, March 18, 2026

CERRADO

 

The scene at El Chapo Cafe This Week 😞

12th st/ave REGJB Blog irregulars sent many iterations of the picture we have posted. Is this the end of El Chapo Cafe? (Dozens of DeSantis drones are asking ChatGPT about our irregulars reference.  ChatGPT: The famously cranky and misanthropic blogger was most likely making reference to the Sherlock Holmes series where Holmes frequently employs Baker Street ruffians- street boys who have their pulse on the neighborhood and can run unseemly tasks for Holmes, follow suspects by blending in, and reporting on the goings on in London. They were called Baker Street Irregulars.") 

Anyway where were we? Oh yeah. The First-floor cafe appears to be closed, a victim of changing courthouse norms where more people are appearing by zoom (despite the efforts of a few dyspeptic county court judges who will not be ignored!). We always liked the 7th floor snack bar better. Less chance of being disturbed by hoi poli, and their grits, Cafecito,  and Cuban toast is a decent earlyu morning repast. 

Gone are the mornings where a dozen or more judges and lawyers met for breakfast and Cafecito  on the first floor as hale-fellows-well-met. War stories were exchanged, and deals on cases were made, and being a young lawyer invited over was akin to Carson inviting a young comedian to the couch after his/her set. (Those same drones are asking AI about who Rumpole is referring to and why being invited over to Carson's couch could make a comedian's career take off.) 

Speaking of Cerrado, the days of this blog breaking news and being the cutting edge of reporting not only on the REGJB, but the Miami Legal community (sorry DOM) are fast dwindling down to a precious few. June 30 is our target date and so far we have not found a suitable replacement (no surprise there). We are considering continuing blogging on subjects more interesting to us. Finance. History. Epistemology. Politics. Sports and sports wagering. We would rely on an expanding group of 12st/12 ave irregulars to keep is in the loop about the comings and goings at the REGJB. Robed Readers will always be a source of easy amusement. But when we are gone we are gone and you can expect essays on the changing of the seasons, the barn owl we have befriended, and the characters we intend to meet in our local pub who we can talk with since they will be speaking a language we understand, unlike our forays into drinking establishments after another difficult day in Hialeah branch court where the best we can muster is a passable mas cerveza por favor. 

So for everything there is a season, and as we enter spring for most, it is the winter of our (dis)content. 

Tuesday, March 17, 2026

SO, YOU WANT TO BE A JUDGE .....


THE CAPTAIN REPORTS:

YOUR NEXT 2 CIRCUIT COURT & COUNTY COURT JUDGES:

The next additions to the Eleventh Judicial Circuit bench will come from the lists below.

Last week, the Eleventh Judicial Circuit Judicial Nominating Commission (JNC) interviewed applicants for two newly created Circuit Court seats and two newly created County Court seats.

Following those interviews, the JNC submitted 12 nominees for each court to Governor Ron DeSantis. The Governor now has 60 days to select the four judges.

CIRCUIT COURT NOMINEES:

Notably, 10 of the 12 nominees are currently serving as County Court judges. The two nominees who are not sitting judges are marked with an asterisk.

Rita Cuervo 
Miesha Darrough
Christian Dunham* 
Elisabeth Espinosa
Alicia Garcia Priovolos 
Christopher Green
Chiaka Ihekwaba 
Andrew McGinley*
Jorge Perez Santiago 
Stephanie Silver
Eleane Sosa-Bruzon 
Michelle Urbistondo


COUNTY COURT NOMINEES:

Shawn Abuhoff (Assistant State Attorney)
Destiny Goede Alvarez** (private practice)
Yaneth Baez (Assistant State Attorney)
Natalia Costea (Office of Gen Counsel 11th Jud. Circ., former AAG)
Christian Dunham* 
Kimberly Hillery (Department of Homeland Security)
Yvette Lavelle (private practice)
Andrew McGinley*
Michelle Roth (private practice, former ASA)
Jeffrey Pierce (Assistant United States Attorney)
Patricia Salman (CABA Pro Bono Legal Services)
Alexander Shear (Assistant Public Defender)


*DUAL NOMINATIONS

Two nominees managed to get themselves nominated for both Circuit Court and County Court — no small feat.

Christian Dunham currently serves as an Assistant Federal Public Defender. He began his legal career as an Assistant Public Defender in state court, where he spent six years. Dunham has been a member of the Bar for 27 years, handling both state and federal criminal defense matters.

Andrew McGinley has been a member of The Florida Bar for seven years and currently serves as General Counsel for the Florida Department of Children and Families. Prior to relocating to Florida, he began his legal career in Missouri nine years ago, practicing family law before serving as an Assistant Attorney General in Illinois and later holding several additional legal positions.

BACKGROUND ON Destiny Goede Alvarez:

We previously reported on Destiny Goede Alvarez, who has been a member of The Florida Bar for just over five years, the minimum required to qualify for judicial appointment.

Alvarez earned two degrees from the University of Florida, where she 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 professional experience includes:

Serving as a judicial intern for U.S. Magistrate Judge Amanda Arnold Sansone

Working for one year in the DeSantis Administration at the Florida Department of Transportation

Practicing for two years as an associate at GrayRobinson

Currently serving as a partner at Goede, DeBoest & Cross (the Goede is John Goede)

WHAT HAPPENS NEXT:

Governor DeSantis now has 60 days to select two Circuit Court judges and two County Court judges from the nominees submitted by the JNC.

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


Monday, March 16, 2026

POTPOURRI

 Good Monday Morning! There's a lot going on in the world. Let's catch up!

In the REGIB the prosecutors are still notifying the Court that ....steady now..."The victim wants max." ***Yawn***

The market looks to open strong. But in this environment all that means is an afternoon sell-off. If you swing trade (something we do not recommend for anyone other than very experienced investors) you should be selling in the morning and buying in the afternoon. 

The President asked for assistance from the allies to send naval ships to the Gulf to escort oil tankers through the straits of Hormuz. That was met with a big ***yawn***. Germany, and give them credit for being the most honest, said "Nein! It's your war. We didn't start it. You did." Britian demurred, but did agree to send some aircraft for aerial mine-sweeping. Speaking of which, our sources tell us that USS Tulsa and Santa Barbara, which are Independence Class Littoral Combat Ships that have been reconfigured for mine sweeping left the Gulf and reappeared in the Pacific at the port of Penang. What is that all about? 

Did you know? That there is a fascinating trial taking place in our own Federal Court involving people in Miami orchestrating the assassination of Joveniel Moise in July, 2021. It is worth stopping in to watch; Judge Becerra presiding. Imagine that.  A leader of a country is assassinated in cold blood and of all the gin joints and cities in all the world, it is Miamians who are alleged to be involved. Pretty soon people will be saying Miami had a role in the Bay of Pigs and the Kennedy assassination. Oh, wait....

Actually there are two fascinating trials taking place at the ol Wilkie Ferguson federal courthouse. Miami's own David O Markus is starting a trial today representing a political consultant, who along with a former MAGA congressman, are accused of not registering as foreign agents in representing a Venezuelan oil company for a simple 50 mill consulting contract for like 5 or 6 months of work. Nice gig if you can get it. Mr. Markus, and co-counsel- the legendary Ed Shohat, have none other than your Secretary of State lil Marco Rubio on the witness list. Marco and Mr. Shohat's client- David Rivera- go waaaayyyy back. Very interesting trial, especially since our current government recently removed the President of Venezuela by force, something that the consultants may have been advising on. And how will a Miami jury view two local Hispanic defendants who were working against a communist government? There's a lot to unpack here, and if anyone can do it, it's Mssrs. Markus and Shohat. 

Last Cold Front of the year is heading our way as a new storm batters the midplains and northeast. Temps will drop tonight. Brrr.

And finally, last week we ventured over 395 to Miami Beach and enjoyed a repast at Joes Stone Crabs. What is your go to order at Joes? 

We start with the grilled tomatoes and the coleslaw. No one has coleslaw like Joes. Then we add the potatoes lyonnaise which is the only potatoes dish to get there; and make sure you get an order to go because they go so well with eggs the next morning.  For our out-of-town guests we order the Selects for the stone crabs. The Jumbos are too big and tough (and expensive) and everything else is too small. The Selects are sweet and the right size. But here is the big Joes secret that only local long-time patrons know. There is one dish that blows away all the others, and maybe the best incarnation of this dish in all of Miami. And to top it off, it is ridiculously cheap. Ready? 

The fried chicken for $8.95! You get a half a bird for that price. Really.  No one makes better fried chicken than Joes. It's crispy and juicy and the coating is perfection. And a half a bird for $8.95? Get outta here! That's crazy inexpensive for the best dish on the menu. 

We know we didn't do our weekend post on the Five Days in May series. Sometimes clients get arrested on the weekends. The post is coming. 


Tuesday, March 10, 2026

CHECKING IN

 Let's do a roundup of the news and check in on some old issues. 

The three Alexander brothers went down in the SDNY- a total loss for the defense and total win for the government. Guilty 😢 on all counts. There was a solid Miami contingent involved in the defense. The old "she wanted it and now is greedy and lying" defense did not work. That kinda went out in the late 70's/early 80's. They are all sadly facing life in prison. And while we are on the subject, without in anyway demeaning what the victims suffered, let's consider what a twenty-year sentence would look like. They would be released in the mid 2040's in their 50's. Do you think that would be sufficient punishment with ten years of supervised release? This is not about diminishing a victim's pain. This is about challenging the philosophy of defaulting to life ending sentences for crimes other than murder.  We just don't buy into the lockem up and throw away the key philosophy. We have seen many people mature and change in prison. Life should always have hope. A respectful chat is requested. 

Sharia Law: Remember when this was all the rage, and conservative politicians were ranting against liberal judges desires to apply Sharia law and introducing all sorts of legislation to outlaw the application of such law? We would like our readers to update us. Have you recently had a judge make any reference to Sharia law? Have you ever had a judge made a reference to Shaira law? 

The Border Wall: If anyone can direct us to the appropriate website or US Treasury link where we can make an accurate calculation of how much Mexico has paid for the wall, we would appreciate it. We are working on a project to show how many political promises the current president has made that have been kept showing the amazing benefits to our country. Sadly, at the moment, the data is a bit sparse. But hope springs eternal in Rumpole, ever the optimist. 

The Markets: The markets are mixed at the opening Tuesday. On Monday we saw the market whipsaw from negative to positive territory at the end of the trading day when oil prices fell in response to the president's comments that the war was close to ending. What we don't like is seeing equities yo-yo on cryptic comments which affect oil prices. For the most part a price of a stock that moves on this news is not related to how the company is doing (energy stocks excepted). So what we do in a situation like this is just sit tight and buy some of our favourtie stocks at favourable prices- like anytime Nvidia falls below 180, or Costco below 990. And keep your eye on Amazon. It has recently been beaten down, but it has 30% growth and is currently selling way below recent prices. 


Saturday, March 07, 2026

5 DAYS IN MAY PROLOGUE PART 2

 Before we can begin our in depth discussion and analysis of Five Days in May 1940, beginning with May 24, 1940, we must examine one remarkable day in May 1940, perhaps the most significant day in European history of the 20th century. 

May 10, 1940. 

Two remarkable things occurred on May 10, 1940. First, Winston Spencer Churchill was asked to form a government by King George VI. Second, as Churchill was assuming power in England, Hitler ordered German armies to begin the invasion of Belgium and France. Two men, who had circled each other warily for several years now entered direct conflict. 

But this was not something that had been foreseen a mere two years before. In 1938 Churchill, who repeatedly and mostly by himself spoke out against Chamberlin's agreement with Hittler during their meeting in Munich, was shunned, ridiculed, and not trusted for his actions as First Lord of the Admiralty, which many considered rash, in what is known as the Dardanelles Campaign, which in fact was a brilliant move and came within a breadth of succeeding in 1915-16 before becoming a humiliating British loss. As Churchill continually and loudly railed against Hitler and the German threat, he was isolated by both his own party and the opposition. No one in England had the stomach for another war with Germany. 

Both Hitler and Churchill shared several habits/traits. Both preferred to work late and sleep late. Both believed and personally prospered in the power of the spoken word. Both of them were semi-talented painters.  Hitler was a vegetarian and did not drink or smoke and started most days in a simple military uniform.  Churchill ate three hearty meals a day, spent most of the morning in silk pajamas, a multi-colored dressing grown, and slippers. He smoked several cigars a day and drank many bottles of champagne along with many (weak) scotch and sodas. For the next 80 days these two men would engage in a titanic struggle of wills with nothing less than the fate of the world at stake. 

In the early morning hours of May 10, 1940, Hitler traveled by train to an outpost at small German town near the Belgium border. Hitler and his entourage would remain there for 23 days while Western Europe fell. "Gentleman, the offensive against the Western powers has begun" Hitler told his staff in the early morning hours. In less than 40 days he would be the master of Europe. He and his staff had come up with a unique plan- Sichelschnitt"- sickle cut. Germany would invade Belgium and lure the French and English armies north. Then German Panzers would strike moving from the west to the east- a sickle encircling movement, pushing the French and the British to the coast.  By the time he went to bed on May 10 word had reached Hitler that Churchill had been named Prime Minister. His immediate reaction was neither witnessed nor recorded. 

Across the Channell as the German invasion roared through Europe, the phone rang in Churchill's bedroom at the Admiralty House in the early morning hours with the news that the Germans were invading Belgium and Holland and bombing airfields in France. Churchill quickly arose and dressed for the day that would change his life and history.

 By May 10 Parliament had had enough of Prime Minister Neville Chamberlin. A large contingent of members of Chamberlin's own Conservative party had abandoned him and the minority Liberal Party refused to back Chamberlin. That he had lost Parliament was apparent to him at least a few days before, and he began to plan for his successor. The first choice of King Goerge VI and Chamberlin was Lord Halifax. But Halifax repeatedly declined the invitation. First, as a member of the House of Lords, Halifax could not appear in Parliament, hampering his ability to lead, especially in a time of war. Second, Halifax saw himself as the power behind the throne. Churchill would become Prime Minister, but Halifax would engineer the peace with Germany.  Or so Halifax had thought. 

There was a hitch on May 10. Chamberlin had indicated the day before that he would resign, meeting privately with Churchill and Halifax. Churchill believed this was his moment. But when Hitler struck, Chamberlin changed his mind and told his war cabinet that he felt he should stay until the German threat was resolved. Churchill, as First Lord of the Admiralty was in Chamberlin's war cabinet. He remained silent as Chamberlin sought support to remain in power. But it was not to be; his party would not support him, and the Liberals were demanding a national government with Churchill at the head. 

With nowhere else to turn, The Conservative party reluctantly formed behind Churchill, and he was invited to the Palace to meet the King, where he was asked to form a government. 

 And so on May 10, 1940, as Hitler struck boldly and quickly across Europe. a British Bulldog assumed power across the channel and began to steel his country for a long and bitter struggle. "Nations who went down fighting rose again, but those that surrendered tamely were gone forever" Churchill began to repeatedly say. In the coming fourteen days Churchill would struggle to remain in power, fending off Halifax's maneuvering and machinations behind the scenes to first force Churchill to negotiate a peace with Hitler, and then to have Churchill removed when he refused to seek peace. 

And who was the politician that would step up and support Churchill during his darkest hours, realizing that Churchill had been right about Hitler all along and that the only way to deal with him was to fight him and defeat him and that there could be no negotiations for peace? 

None other than Neville Chamberlin. Chamberlin had brought Churchill into his war cabinet. Churchill, while criticizing Chamberlin's actions at Munich, was personally very kind to Chamberlin. When he became PM, Churchill allowed Chamberlin to remain at 10 Downing Street for several weeks. He brought Chamberlin into his war cabinet as Chamberlin had done with him and sought out his advice often. And as Halifax tried to wrest the government away from Churchill, Chamberlin remained non-committal before whole heartedly backing Churchill and giving him the political security to focus all of his attention on Germany and saving the British Expeditionary Force (BEF) from annihilation as it was surrounded on three sides in France and being beaten into the sea. 

Understanding that on May 10, 1940 Churchill finally assumed power on the day Hitler launched his successful invasion of Europe- a day unlike any other in European history- we can now begin our in-depth examination of the five days in May that saved Western Civilization from Nazism and Hitler. 

Friday, March 06, 2026

FRIDAY MARCH 6 THOUGHTS

 Head over to DOM's blog and read about yet another Miami legal legend -Frank Rubino- passing   away. When we talk about the Miami defense bar being fearless and the most trial active in the nation, Frank was one of the reasons why. He led the way for many of us and he will be greatly missed. Frank was lead counsel in the government's case against Noriega. We know the new generation of DeSantis Drones and Starbucks swilling ASAs under 30 are saying "who's that?"  And that's ok, but if you plan on making Miami law a career, at some point you should become familiar with the major cases of the past decades that helped shaped this town. Norigea; Lozano; Overtown Riots; The Great Corruptor; Joyce Cohen; Country Walk.  Read up and learn. 

Financials: The VIX. known as a the fear index, is the highest it has been in two years over 27. For context, it was in the mid-teens before the war started. And stocks opened down sharply for reasons other than financial. So for example, when Costco reported yesterday after the bell and had a dynamite quarter with beats across the board, and opens down 20 points, we are a buyer. In other words, when non-financial matters affect the market negatively, we buy quality companies. It's not as a successful investment strategy like betting on home-dogs in the NFL, but it's up there.  Our strategy today is to let the fear based sellers clear out. Around 2PM we will start buying bargains. 

Felony Murder. We can, should, and someday before we leave- will, write extensively on the felony murder rule- perhaps the worst part of criminal law that is responsible for the most injustices in the system. For now, the NY Times covers Alabama's scheduled execution of Sonny Burton- an elderly 75 year old inmate who didn't kill anyone. The murderer who pulled the trigger when Burton was long gone got life in prison. So naturally Alabama wants to put a mask on Burton and give him nitrogen until he suffocates. They won't need to strap this old man who uses a wheelchair to get around to the table. He's pretty helpless and immobile.

Go BAMA! Show the world that North Korea and China and Russia aren't the only places where they execute people who do not deserve it and without due process.  

Wednesday, March 04, 2026

THE MORE THINGS CHANGE

 THURSDAY FINANCIAL UPDATE: 

This is what we wrote on Monday morning:  

AVGO (Broadcom, which reports this week) below 350 (it's around 320 now. Because it reports this week, this will be our first buy, either late today or tomorrow),

Well Dear Readers, AVGO reported Wednesday night and blew the doors off its quarter and forecasted 100 billion (with a B) in income from AI in 2027. AVGO is up over 20 dollars in pre-market trading. This is a long term (18 month plus) play that is going to double in price. AVGO also reported a 10 billion (with a B) share buyback. Economics 101- less supply, same demand, prices rise. FYI.


The more they remain the same. 

UPDATE: Speaking of changes, ACE Bar attorney Brian Tannebaum has issued this update:

On December 5, 2025 the Florida Bar Rule allowing for an interim suspension upon arrest for a felony went into effect. On that same date, the bar filed dozens of petitions.

 The first order was issued and it’s some good news. The Supreme Court declined to enter an interim suspension against a lawyer in PTI. It was denied without prejudice for the bar to refile if the lawyer fails to complete PTI.


 ...

As this is a new Rule, and was opposed by the Board of Governors and many bar counsels don’t like it either, there is a possibility that this type of ruling provides guidance for the bar and defendant-lawyers in PTI can avoid these petitions.


And finally this:  The market is rallying today after an up and down day Tuesday. Caution. Danger Will Robinson. This is a possible dead cat bounce. We like AVGO ahead of earnings. And will nibble at some others. But move slowly. This war business has a ling way to go until it is settled and there will be more ups and downs.