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.
Showing posts with label Black robes. Show all posts
Showing posts with label Black robes. Show all posts

Tuesday, February 04, 2025

WELL THAT WAS QUICK

 After months of blustering POTUS imposed a 200 million percent tariff on Mexico and Canada and then backed down a few hours later. Sort of like the parent who takes away TV privileges from their child but then lets them watch You Tube and Tik Tok videos. What lesson does the kid learn? The parent (POTUS) is a wimp. 

We were being served our pancake breakfast when news of the tariffs hit. Managment quickly snatched away the syrup saying it was now 40 bucks a shot, only to return it a few minutes later with their apologies. 

Well it is February and if you followed Rumpole's advice you avoided trials in January but now, like us, have a full trial schedule. Important practice tip: Lawyers from Miami should try and avoid cases being set for trial in Minnesota in early February. Are you kidding us? The coffee from Starbucks froze when we walked outside. 

So Justice Building Irregulars - who are your new favourite robe wearers  from the batch of newly minted judges (certain in their own mind their ascension was preordained by the Lord) and which ones are exhibiting that well known condition of robeitis - having never tried anything other than a bench trial in private practice they spout nonsense like this : 

"Counsel your motion to continue is denied. You've already had one in this capital murder case and should have gotten all your depositions done in the two months since arraignment. Plus if you read our practice order we require motions to continue to be fully briefed with the rules of criminal procedure and judicial administration to be cited with appropriate case law and a certification that you and opposing counsel have conferred in person for not less than one hour to narrow the issues before the court. Having done none of this, jury selection will start tomorrow so you can finish your depositions today...."

There are just some judges who are certain that their appointment/election means Circuit Court-District Court-Supreme Court- and the more delusional of them (and you've seen them) -POTUS. 

Do your best. Report their ridiculous behavior to their more experienced and grounded colleagues, and of course the blog. 

Coming Soon ( as soon we get a minute to breathe) Ominous Parallels. 

Oh yeah- if you don't like how quickly we post comments then go to Mr. Markus's blog. We are doing the best we can until we get some more blog interns. 

Speaking of which, Mr. Markus (the second best legal blogger in the country)  is on fire 🔥with some great posts including a federal Judicial DEI seminar that may now be illegal;  a US Attorney's Office whose moral is as low as the Miami-Dade SAO, or a Democrat in Congress,  and a Judge Rudy Ruiz order for a new trial that is not to be missed for its fairness and insightful analysis. Sometimes we get it right when we appoint judges. 

Check it all out here. 

DEI will be the New McCarthyism:  "Are you now or have you ever been a member of a group that supported diversity or equity or inclusion? Will the witness please remember that they are under oath and answer whether or not they attended a meeting in Miami Florida in which certain members of the Federal Judiciary celebrated (against the public policy of the United States) Black History Month with a symposium entitled (add your own version of a nasty sneer) "Layered Lives: The Intersection of Identity And Experience". 

If you attend, and you should, you might want to wear a burka as there is certain to be agents of DOGE recording people entering the event.  

Attending DEI events will be this generation's version of sitting in at Woolworth lunch counters in the South that refused to serve African Americans. You will be attacked and ridiculed (albeit mostly likely on X and IG). But it is the right thing to do. So do it. 

Thursday, November 05, 2015

BLACK IS BLACK

Mexico's Supreme Court- the criminal section- ruled on Wednesday that Mexicans have the right to grow marijuana for personal use. It's the first step in legalizing marijuana in Mexico. 

Ohio (motto: "We all want to live in Florida") meanwhile, voted down a proposal yesterday to decriminalize marijuana. 

FACEBOOK MURDER TRIAL- The defendant accused of murdering his wife and posting it on Facebook- the trial has started. In voire dire. Openings next week. 

BLACK IS THE NEW BLACK.
How in the world did we miss this? 
The Florida Supreme Court adopted amendments to the Rules Of Judicial Administration (motto: "The rules no one reads")  in which they held, ruled, wrote, said, etc.,  that Judges must now only wear black robes. "Black is black, I want my baby back..." (Los Bravos, 1957). 

Our Code of Judicial Conduct recognizes that as the “arbiter of facts and law for the resolution of disputes,” Florida’s judges are the face of the judicial branch of government. And, as such, judges must conduct themselves accordingly, both in their actions and their appearance. .. When a litigant appears in court, it is the presiding judge who sets the tone of the proceedings, puts those in attendance at ease, and maintains order and decorum throughout the proceedings, all of which establishes confidence in the legal process...
Presiding judges wearing different colored robes or robes with varying embellishments could result in uncertainty for those coming before our courts and serve to counter the efforts the branch has employed to gain the public’s trust. For example, one could question whether there is a “status” attributed to the varying colors or embellishments worn by different judges, e.g., whether the color or embellishment denotes a rank of judge based on tenure, ability, or some other factor—is this judge more or less qualified or maybe the chief judge? Depending on the color or pattern of the robe or the type of embellishment worn, some may wonder whether the presiding judge is a “real judge” or whether the judge will take the proceedings seriously. Robe color also could be seen as a reflection of a judge’s mood or attitude that day. (Rumpole says- how 1970's of them. They remember mood rings!!) 
Should a defendant facing the death penalty feel trepidation when the presiding judge appears in a red robe or feel more at ease when the robe is green? (Rumpole says, no, the defendant should feel trepidation if s/he's being prosecuted in Broward) 
The possibility that the unique attire of the judge assigned to one’s case could raise these concerns and thereby diminish public trust and confidence in the proceedings is not acceptable. The public should not have to guess as to the meaning of different colored, patterned, or embellished robes. Promoting uniformity in judicial attire, by requiring all judges to wear unembellished, solid black robes, will no doubt avoid these concerns and promote public trust and confidence. The people of Florida have a right to expect equal justice every day, in every court in this state, and should not have to question whether equal justice is being dispensed based on the color of a judge’s robe

(this is the part we like)

It is also reasonable for the people of Florida to expect the members of their judiciary to conduct themselves as professionals consistent with the rules and guidelines adopted by this Court. We have no doubt that the clear majority of judges conduct themselves in the most exemplary manner and hold themselves to the highest of standards, and would do so without any rules governing their conduct or attire. Unfortunately, that is not the case with all judges. One need only read the myriad opinions from this Court disciplining judges after a finding of misconduct by the Judicial Qualifications Commission to agree that this Court must provide guidance when it identifies an area of potential concern. Adopting new rule 2.340 is but another step this Court takes in furtherance of its oversight and leadership role in identifying and implementing strategies to enhance the public trust and confidence in the third branch of government. 

Where have you gone Judge Alfred Nesbitt? Our courthouse turns its lonely heads to your blue robes. 

See you in court.