SUSPENDED LICENSE?

 If you managed to habla ingles at the DMV and get a Florida DL, and later get a ticket from Officer Friendly and toss it in the pile of detritus on the floor of your Carolla, joining the empty Taco Bell bags and MAGA rally flyers- then as sure as the sun rises in the east and as sure as you can get arroz con pollo on any street corner in Hialeah, your license will be SUSPENDED. 

Then, the next time Officer Friendly stops you as you're speeding away from a Pro-ICE rally blasting Twisted Sister's anthem "We're Not Gonna Take It", now you got a problem- driving on a suspended license. Maybe you get taken to TGK, maybe not. But you have a criminal case and need a criminal defense attorney. You call Mr. Markus but decide not to hire a lawyer who works on top of a garage, and so you end up with the guy on the bus bench telling you to not pay that ticket " No Pagues esa  ticket" 

For years Miami has, as surprising as this may seem, been most reasonable on suspended license cases. Show up with a valid DL and the case gets dismissed. Such a deal. Judges throughout Florida scorn our liberal judges who don't sentence these criminals to at least 60 days on a first offense.  

Are changes afoot in Miami? Not really, but there are some adjustments being made to the process. 

The Komissar Of Kounty Court ( (c) Justice Building Blog 2026 all rights reserved) has instituted a new procedure if you get a DWLS or NVDL and are eligible to get a valid license. 

1. File a waiver of speedy trial. 

2. Have the case set for report, not trial. 

3. Show up with a good DL. 

The reasoning, which is actually understandable, is the State doesn't want to have to issue subpoenas, and pay officers to show up in court for trial when the officers could be out writing tickets. 

So follow the rules and get your case dismissed. 

And now coming at you, you're angry, you're upset, so are we all....Twisted Sister and We're Not Gonna Take It on 66 WNBC...

JUDICIAL NEWS, PART 2, COUNTY COURT ELECTIONS .......

THE CAPTAIN REPORTS: 

As promised last Thursday, today we present the races in County Court. 

COUNTY COURT JUDICIAL ELECTIONS .....

There are 10 County Court seats up for election in 2026. The term runs from January 6, 2027, for six years. The following is a list of those judges whose term expires on January 5, 2027. An (F) next to their name means they have filed with the Department of Elections for the upcoming election. All ten incumbents have filed. In Group 9, newly appointed Judge Hernandez will not need to face the voters until 2028. In Group 24, we are looking to confirm whether Governor DeSantis has named a replacement for US Attorney Jason Reding. None of the incumbents has drawn opposition yet. Qualifying week runs from April 20-24, with the election scheduled for August 18, 2026.

COUNTY COURT

Donald Cannava (F)

Betty Capote-Erben (F)

Raul Cuervo (F)

Ritamaria Cuervo (F)

Victoria Ferrer (F)

Kevin Hellman (F)

Jennifer Hochstadt - resigned - Group 09 (replaced by Joanne Hernandez)

Natalie Moore (F)

Gordon Murray (F)

Luis Perez-Medina (F)

Jason Reding-Quinones - resigned to become US Atty last August  - Group 24

Stephanie Silver (F)

CIRCUIT COURT UPDATE .....

One update in CIRCUIT COURT. Judge Marcia Caballero, who sits in Group 51, has contacted us to let us know that she is retiring from the bench. She will not serve out her term and will be retiring in a few weeks. That would mean that her seat will be filled by Governor DeSantis instead of the voters. She joins Judge Richard Hersch, Group 69, who is also retiring. We believe, though, that Hersch intends to complete his term in January of 2027. We have not heard back yet from Judge Orlando Prescott (Group 35) and Judge Angelica Zayas (Group 05), both of whom have yet to file for reelection. 

One final note. Someone in the Comments mentioned that the JNC was taking applications for Judge Caballero’s seat. We have been told that the four seats that the JNC is currently taking applications for are all new seats, two in Circuit Court and two in County Court, with all four new seats created by SB 2508.

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

QUALIFYING WEEK HAS ENDED ..... YOUR WINNERS & CONTESTED RACES .......

 

THE CAPTAIN REPORTS:

QUALIFYING WEEK HAS ENDED ..... YOUR WINNERS & CONTESTED RACES*

In Circuit Court, four Incumbent judges drew opponents this year while 19 Incumbent judges were re-elected without a challenger.  In County Court, three Incumbent judges drew opposition and 12 Incumbents were re-elected without anyone filing against them. 

And congratulations to Judge-Elect Marcus Bach Armas who was first to file in the open seat vacated by retiring Judge Edward Newman. Bach Armas did not draw an opponent and he can now turn in his season tickets to the Dolphins front office and exchange those seats for an aqua and orange judicial robe. How fitting that Judge Newman, an offensive lineman, who played in three Super Bowls with the Miami Dolphins, winning one (Super Bowl VIII over the Vikings), is being replaced by the senior counsel for the team he played with for 12 years. Thank you Judge Newman for your 28 years of service to the citizens of Miami-Dade County.

As an added bonus to getting re-elected, your Circuit and County Court judges are expecting a very nice bump in their salaries come July 1. That presumes that Governor DeSantis does not issue a line item veto on the amounts recommended in the Budget bill. 

Under the new budget, effective July 1, a circuit court judge’s salary would increase from $165,509 to $182,060, and a county court judge’s salary would rise from $156,377 to $172,015.

CIRCUIT COURT

CONTESTED CIRCUIT COURT RACES:

Group  3 

Lody Jean (I)
Teressa Maria Cervera

Group  20

Robert T. Watson (I)
Brenda Gitchev Guerrero

Group  34

Mark Blumstein (I)
Ariel Rodriguez

Group  52

Oscar Rodriguez-Fonts (I)
Jason Bloch

Congratulations to the following 19 judges who have earned another six years on the CIRCUIT COURT bench:

Group  4        Christina Marie DiRaimondo (I)

Group  6        Laura Shearon Cruz (I)

Group  9        Marcia del Rey (I)

Group  10 Scott M Bernstein (I)

Group  12 Bertila Ana Soto (I)

Group  16 Tom "Tomas" Rebull (I)

Group  26 William I. Altfield (I)

Group  28 Jennifer D. Bailey (I)

Group  32 Barbara Areces (I)

Group  39 David H Young (I)

Group  40 William Thomas (I)

Group  41 Milton "Milt" Hirsch (I)

Group  45 Samantha Ruiz Cohen (I)

Group  46 Ramiro C. Areces (I)

Group  59 Nushin G. Sayfie (I)

Group  62 Gina Beovides (I)

Group  63 Marlene A. Fernandez-Karavetsos (I)

Group  64 Zachary N. James (I)

Group  74 George "Jorge" A. Sarduy (I)

COUNTY COURT

CONTESTED COUNTY COURT RACES:

Group 05

Fred Seraphin (I)
Renier Diaz de la Portilla

Group 19     

Jeffrey M. Kolokoff (I)
Lissette De La Rosa 

Group 42    

Scott Janowitz (I)
Alicia Garcia Priovolos

Congratulation to the following 10 judges who have earned another six years on the COUNTY COURT bench along with Judge-Elect Bach Armas who avoids a contested election:

Group 03        Ayana Harris (I)

Group 07        Marcus R. Bach Armas (OPEN SEAT - JUDGE NEWMAN RETIRING)

Group 08        Carlos H. Gamez (I)

Group 11        Michaelle Gonzalez-Paulson (I)

Group 13        Elisabeth Espinosa (I)

Group 15        Linda Melendez (I)

Group 23        Carroll Kelly (I)

Group 27        Miesha Shonta Darrough (I)

Group 28        Cristina Rivera Correa (I)

Group 35        Chiaka Ihekwaba (I)

Group 39        Julie Harris Nelson (I)

Good luck to all of the candidates. Enjoy your long, hot summer trekking your way from Florida City north to Aventura and from Miami Beach west to Sweetwater and all points between. Enjoy every pancake breakfast, medianoche sandwich for lunch, and turkey and mashed potato dinner on the way.

The primary election takes place on Tuesday, August 24, 2022.

 *We apologize if there were any last minute filings that we missed but this was pre-scheduled due to circumstances not under our control; (conflict in schedule - as I am in trial).

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

EXCLAMATIONS

 What makes a federal blogger and top criminal defense attorney go "woo-hoo?"

The appointment of a new federal magistrate naturally. 

Go here to see the exclamation and excitement over your new federal magistrate Melissa Damian being sworn in (" I do solemnly swear to faithfully uphold the constitution of the United States and grant all government motions for pre-trial detention, so help me whomever..."). 

And if you care, there's also an update on a new CARES Act order by the CJ which basically says out of custody clients can use Zoom (or Hulu). 

COUNTY COURT ZOOM ADDRESSES 

In case you have an uncontrollable urge to litigate a disorderly conduct with an undersized snook case, here are the zoom addresses for your favourite County Court Judges: 

Virtual Courtroom Directory County Criminal by HR on Scribd

JUDGE FABER ZOOMS ALONG

County Court is not going away, and Judge Faber is on top of it all. Here is his latest missive. 

From Judge Faber:

I hope this email finds you and your families in good health and safe from this coronavirus. 

On June 1^st our courthouse closures are scheduled to end and how REG will change regarding schedules is being determined now.  I wanted to take an opportunity to share with you what we in County Criminal have been doing and will do going forward:

Non-Criminal Traffic Court – Zoom calendars are scheduled to begin in May for attorneys.  It will be subsequently opened for Pro Se Defendants as the kinks are worked out.  By June 1^st there will be no need for Defendants in these cases to appear at REG unless they want to.  This will help tamp down crowds that might otherwise be asked to attend.

(ODR) Online Dispute Resolution – Miami-Dade County is the first county in the State to open ODR.  Any citizen who has proof of compliance for a non-criminal charge of lack of insurance, lack of registration or lack of a driver’s license, can go online and provide that proof.  Once accepted the case will be dismissed.  Those persons will not have to appear at REG ever.

(JDP) Jail Diversion Project – closed to new entrants because of the emergency, cases are still managed and weekly Staffings have been set up to review these cases.  Our RAC (see below) provides an avenue to address these matters in court at a special set hearing.  Very few persons need to be at REG for these hearings and remote access is encouraged.

First Appearance/Bond Hearings (5-3 REG) – These video-feed hearings from TGK are conducted daily, at 9 AM and then again at 1 PM.  This Courtroom cannot be easily Zoom-equipped because of the video-feed equipment, but covering judges have been using their personal computers/IPads to arrange Zoom Meetings upon request to provide remote access and that is being recorded as if the person was physically present.  Attorneys may attend via Zoom or in-person.  Any review of bond status for detained inmates for misdemeanor cases, or other emergency matters brought to our attention for an in-custody Defendant, is heard at 12 Noon in this Courtroom with the Defendant appearing through the direct video-feed from TGK or a Zoom appearance set-up by Corrections.  Very few persons need to be at REG for these hearings and remote access is encouraged.

(RAC) Remote Access Courtroom (5-2 REG) – This courtroom is open daily and is properly Zoom-equipped with a proprietary Zoom address (Meeting ID# 976 1199 8760).  Any pending out-of-custody case can be calendared through the division judges for a hearing on a motion, to divert the case, or to enter a plea, at a Zoom hearing scheduled in the RAC.  If necessary a contested evidentiary hearing can be special set in an afternoon calendar.  Very few persons need to be at REG for these hearings and remote access is encouraged.

Moving forward, there are a number of things being worked on and considered regarding opening up our Court in the County Criminal Division:

1.  A review by the State of pending criminal arraignments and pre-trial conferences - The State has been very willing in this crisis to do internal reviews of their pending cases to ensure they are weeding out cases that would be dismissed anyway and are using the Administrative Order process to do so.  This will help tamp down crowds that might otherwise be asked to attend.
2. All Misdemeanor courtrooms at REG (2-11, 4-9, 4-10, 5-1, 5-2, 5-7, 6-5, 6-6, 6-7, and 6-8, with the exception of 5-3) have been Zoom-equiped, meaning a separate monitor for Zoom attendance is installed and ready.  Zoom training for judges and staff is ongoing.  Notices are being modified.  We anticipate every hearing through Arraignment being Zoomed so persons may appear remotely rather than by appearing in-person at REG.  This will help tamp down crowds that might otherwise be asked to attend.
3. Post-Arraignment hearings that do not require the presence of the Defendant (e.g.: Soundings on DUI cases) are likely also to be Zoomed.  This will help tamp down crowds that might otherwise be asked to attend.
4. Jury Trials being specially set and coordinated to ensure a minimum of people are impacted and social distancing can occur in the hallways and waiting areas.
5. Publicity about what changes are coming and getting the word out to a public scared to return when we do open up is on everyone’s minds.  We believe that as people read that they have options to in-person appearances and are told of them through media and by word-of-mouth, Zoom attendance will grow quickly on our dockets when in-person presence is not required.

There will always be a need for face-to-face court (e.g.: some people just don’t have access to online efforts, trials, etc.) so re-considering how to hold Court in this time (when what our traditional model has been that everyone appears personally) has been a struggle.  I think we all agree there are no easy ways out of this pandemic that can kill you.  All of us know people who have been infected, sadly some who have died.  We must open in a way in the criminal divisions that keeps people and staff safe, one that respects due process and victim’s rights, and one that fosters respect for the institution itself.

I am confident we will re-open our Courts safely in the days ahead.

Robin Faber

Administrative Judge

County Court, Criminal Division

Richard E. Gerstein Justice Building

1351 NW 12^th Street, Room 513

Miami, Florida 33125

JUDICIAL ELECTIONS 2020 ..... COUNTY COURT .....

THE CAPTAIN REPORTS:

QUALIFYING WEEK - MASKED EDITION: PART TWO - COUNTY COURT .....

UPDATES BELOW:

BUT FIRST:
Following up on my Friday Blog Post:  Elections Have Consequences: Two New Circuit Court Judges, there were more than a few Comments praising Gov DeSantis’ appointment of Judge Lody Jean. Judge Jean may in fact have been more than qualified to earn the appointment. But Governor DeSantis played the game with loaded dice. First, DeSantis has never named a Circuit Court Judge in Miami-Dade County in less than 30 days before these past two appointments. Now, Judge Zachary James gets named only 14 days after the 12 nominees names arrive on DeSantis’ desk. And 14 days later, DeSantis chooses Jean. Second, DeSantis was very shrewed in making sure he made those appointments before Monday, April 20, 2020. With Judge Jean’s appointment taking place last Friday, her Group 35 seat is now an open seat with her successor to be named by the Governor, instead of by the voters. Same for Judge James' Group 28 seat in County Court. But, Governor DeSantis’ office had to work really fast to pull this off. Judge Jean’s qualifying papers had to be rushed to her by the Department of State. And Jean had to file these papers immediately. Lest anyone doubt that DeSantis wanted to ensure he could name the replacements for the two open seats, the Eleventh Judicial Circuit’s JNC announced yesterday that they were accepting "applications to fill the vacancies caused by the elevation of Judges Zachary James and Lody Jean" with a deadline of May 4, 2020. Now on to the Election Coverage.

Yesterday we covered the races in Circuit Court. Today we turn our focus to the County Court contests. There are three County Court Judges (UPDATE - make that two) that have drawn opposition, while 9 others are currently unopposed. One contender is back for a third try, having previously lost a Circuit Court race in 2016 and a County Court race in 2018.

COUNTY COURT:
Here is the list of nine (9) Incumbents (it was 16 at one point) who are currently unopposed:

Donald Cannava Jr.
Raul Cuervo
Stephanie Silver
Christine Bandin
Luis Perez-Medina
Betty Capote-Erben
Elijah Levitt
Natalie Moore
Victoria Ferrer

In addition, here is the list of seven (7) other Incumbent judges who were facing re-election in 2020. All seven have been recently elevated to the Circuit Court (CC) bench with their replacements to be named by Governor DeSantis instead of the voters choosing.

William Altfield (was recently appointed to CC to replace Judge Rodney Smith)
Laura Shearson Cruz (was recently appointed to CC to replace Judge Rodolfo Ruiz)
Christina DiRaimondo (was recently appointed to CC to replace Judge Diane Ward)
Ramiro Areces (was recently appointed to CC to replace Judge Renatha Francis)
Robert Watson (was recently appointed to CC to replace Judge John Thornton)
Zachary James (was just appointed to CC to replace Judge Jacqueline Scola)
Lody Jean (was just appointed to CC to replace Judge John Schlesinger)

GROUP 9:

Joseph Mansfield (Incumbent) (Q)
- he has not yet qualified and his net worth is $268,909
- he has raised $5,200 from 10 contributors and loaned his campaign $0
- his salary with the State of Florida is $151,822
Miguel "Mike" Mirabal (Q)
- he has qualified; he has a Net Worth of $1,684,634
- he has raised $0 and has loaned his campaign $30,500
- he ran for a County Court seat against Judge Milena Abreu
in 2018, losing that race by 65% to 35%.
- he runs his own law firm, Global Legal, with a salary of $95,750


GROUP 35: SEE ABOVE
As of last Friday, April 17, with the appointment of Judge Jean to the Circuit Court to replace Judge Schlesinger, this seat is now open and a replacement will be named by Gov. DeSantis.  Ms. Fuenmayor now has nine Incumbent judges to choose from as she decides which one to challenge in this year's election. Anyone want to venture a guess as to who will be the unlucky Incumbent?

Lody Jean (Incumbent)
- she has not yet qualified
- she has raised $144,075 from 432 contributors and loaned
her campaign $60,000

Tahya Fuenmayor
- she has not yet qualified
- she has raised $27,775 from 39 contributors and loaned
her campaign $35,000
- she is currently an attorney with Gonzalez & Assoc., where
she handles PIP suits


GROUP 38:

Gordon Murray Sr. (Incumbent) (Q)
- he has qualified; he has a Net Worth of $777,299
- he has raised $67,794 from 227 contributors and loaned
his campaign $25,704
- his salary from the State of Florida is $151,182; he is paid an additional $6,700 from Miami-Dade College

Rosy Aponte (Q)
- she has qualified; she has a Net Worth of $315,000; it was $186,000 in 2018, and only $46,000 in 2016
- she has raised $3,000 from 3 contributors and loaned her campaign $49,000
- she is a solo practitioner with R. Aponte & Assoc. where she paid herself $83,000. She is also a partner in the Felicetti Law Firm where she was paid an additional $120,000
- she ran for a County Court seat against Judge Kristy Nunez in 2018, losing that race by 52 % to 48%.
- she ran for a Circuit Court seat against Judge Oscar Rodriguez-Fonts and Carol Breece in 2016. Ms. Aponte failed to make the runoff as she gained only 26% of the vote in the Primary compared to Rodriguez Fonts (34%) and Breece (40%).

(Rumpole notes: Do not forget to contribute to the Go Fund Me account for Judge Richard Hersch's bailiff Orlando Duarte who passed away last week. See our post on Sunday for more details.)

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

COUNTY COURT CLOSED THROUGH FRIDAY APRIL 17

It's not exactly "down goes Frazier!" (see below) but Judge Faber has shut County Court crimes down for a month. Good for him! Nobody needs to risk their life or their family's life over a court case. 

In light of the extension of the emergency closure to our courthouses and extension of the speedy trial periods, be advised:

Calendars have already been cancelled through the week ending 4/3.  Calendars are now cancelled for the weeks of 4/6-10 and 4/13-17.

First Appearance hearings/Bond hearings continue to be held at REG in Ctrm 5-3 daily at 9 AM and 1 PM.  DV first appearance hearings are held at 11 AM.

Emergency Motions continue to be heard through the assigned judge to rule on whether the motion is a true emergency.  Motions to review bond status for in-jail defendants and motions to set aside bench warrants for out-of-custody defendants are automatically deemed true emergencies. If the assigned judge deems it a non-emergency, the attorney, or the defendant if pro se, will be told they must wait until courts reopen.

If the assigned judge finds the matter to be a true emergency, then the attorney is notified to contact the state to see whether it is agreed to. If so, the attorney should file an agreed order with proof the state attorney has agreed which the judge will then sign and file. If the emergency motion is opposed, the judge may still agree to grant the motion, then sign and file an order. If the judge feels a hearing is required then it will be set for a bond hearing judge to hear with at least 3 days notice to the clerks office and the parties. Those contested emergency motions are heard at noon in Ctrm 5-3 at REG.  Telephonic attendance is allowed.

Robin Faber, Administrative Judge

DOWN GOES FRAZIER

For those of you born in a time when there were always Starbucks and cell phones, the voice announcing the heavyweight championship fight was a gentleman called Howard Cosell. He was a cultural phenomemon and a studied man of principle. 

JUDICIAL ELECTIONS 2018 - EARLY VOTING BEGINS: PART TWO - COUNTY COURT

COMING TOMORROW (WEDNESDAY)! 
FROM DOWN-UNDER, RUMPOLE RECOMMENDS....

THE CAPTAIN REPORTS:

JUDICIAL ELECTIONS 2018 ..... COUNTY COURT .....

Yesterday, our post introduced our readers to the seven candidates vying for three Circuit Court seats. Today, we introduce you to the ten candidates running for five open County Court seats.

Here is the ballot the voters of Miami-Dade will see for the five contested County Court judicial elections:

COUNTY COURT

GROUP 2: (Judge Mary Jo Francis retiring):

Rosy Aponte - she has been an attorney for ten years, all in private practice running her own law firm. Prior to her career as a lawyer she was an elementary school teacher. For the past decade she has handled Civil Rights and Discrimination cases against employers for race, nationality, gender, age, sexual orientation and religion. She also defends homeowners facing foreclosure. In 2016, she lost a Circuit Court race to eventual winner Oscar Rodriguez Fonts. Total campaign contributions (including loans): $88,000.

Kristy Nunez - she has been an ASA with the Miami Dade State Attorney’s Office since 2005. Since 2016 she has served as Chief of the Human Trafficking Unit. Prior to 2016, she served as a Felony Division Chief for four years where she focused on investigating and prosecuting homicide cases and training junior prosecutors. She has also specialized in prosecuting violent career criminals during her time in the Career Criminal and Robbery Unit, and spent almost four years in the Sexual Battery and Child Abuse Unit. Total campaign contributions (including loans): $60,000.

　
GROUP 32: (Judge Caryn Canner Schwartz retiring):

Lizzet Martinez - she ran in 2016 and lost to Judge Ed Newman. Ms. Martinez has been an attorney for 20 years and she handles family law and bankruptcy matters. She has also served as a Guardian ad Litem. Total campaign contributions (including loans): $112,000.

Chris Pracitto - he spent his first three years with the Miami-Dade PD's Office as an APD. For the past twenty years he has been in private practice. He handles family law and criminal defense matters with an emphasis on domestic violence cases. Total campaign contributions (including loans): $128,000.

　
GROUP 33: (Judge Teretha Thomas Lundy retiring):

Olanike Adebayo - she has been an attorney for 21 years. She spent the first eight years of her career as an ASA with the Miami-Dade SAO where she rose to the position of Chief of Litigation of the Juvenile Division. She spent the next five years working as a Police Legal Advisor for the Legal Bureau of the Miami-Dade Police Dept. She returned to the SAO in Miami and spent the next four years working in their Community Outreach Division. In 2014, she switched sides and now works for the defense as a member of the Office of Criminal Conflict & Civil Regional Counsel, in their Dependency Division. Total campaign contributions (including loans): $104,000.

Eleane Sosa-Bruzon - she has been practicing law for more than 12 years. First, as an APD with the Broward PD’s office. She handled misdemeanor, juvenile and felony cases, and ultimately worked her way up to the major crimes division. After six years, she moved into private practice and joined the 40 lawyer firm Landau & Associates, where she is now a partner. There she first handled legal matters in the areas of Banking, Commercial Litigation, and Real Estate. She currently represents plaintiffs in PIP cases. Total campaign contributions (including loans): $57,000.


GROUP 40: (Judge Don Cohn retiring):

Michael Barket - he has been an attorney for 19 years. He is in private practice and focuses on Family and Matrimonial Law, Child Custody, Paternity, Alimony, Child Support, Adoptions, Probate Law, Administration of Estates and Real Estate. Total campaign contributions (including loans): $72,000.

Elena Ortega-Tauler - she ran for judge in 2016 and lost a Circuit Court race to Judge George Sarduy. Ms. Tauler has a long history of appearing in stories on this Blog. Recently, the Daily Business Review highlighted our story posted in 2008 to introduce the readers to Ms. Tauler and her past legal woes. You can read that 2008 post by going here:   Ms. Tauler is in private practice handling immigration and foreclosure defense cases. She has been an attorney for 29 years (which includes the time she spent suspended from practice). Total campaign contributions (including loans): $21,000.

　
GROUP 43: (Judge Joseph Davis, Jr retiring):
　
Milena Abreu - Ms. Abreau ran for County Court judge in 2016 and lost to Judge Fred Seraphin by the razor thin margin of 677 votes (out of 211,000 cast). She began her legal career in 1999 at the Miami-Dade PD’s office as an APD. She spent ten years at that office before going into private practice. She currently works with the Office of Criminal Conflict & Civil Regional Counsel in their Death Penalty Unit. She has also been a Traffic Court Hearing Officer for eight years. Total campaign contributions (including loans): $108,000.
　
Mike Mirabal - he has been an attorney for 13 years. He ran his own law firm before going to work for one of Europe’s most respected international law firms, joining InterJURIS, an international law firm based in Madrid, Spain. While practicing in Madrid, he returned to law school for a second time to obtain dual degrees, Spanish Law E.U. and an L.L.M. in International Law. Upon completing his education in Spain, he returned to open InterJURIS's Miami headquarters. He now runs his own boutique international law firm. Total campaign contributions (including loans): $79,000.

So, readers, two questions: 1} Who will you be voting for; and 2} Who do you think will win?

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

A PLAN FOR NO MORE SOUNDINGS IN COUNTY COURT

County Court is a mysterious place. It moves to its own pace and rhythm.  It has its own colloquialisms, argot and vernacular. There are multiple calendars taking place in multiple courtrooms everyday. Lawyers hustle to catch the 10:45 in Newman before sprinting to make the 11:00 am in Krieger-Martin.

We admittedly know little about the mechanisms of what makes the courtrooms on two, five and six tick. But not knowing much has never stopped us from having an opinion. Or making a suggestion. Or fixing a problem.

Wednesday seems to be the worst day. Soundings. When lawyers scurry from courtroom to courtroom and make announcements about cases scheduled for trial ten days hence.

Listen to Rumple. We can end soundings.

How?
Simple.
E-mail.

Instead of appearing in court on Wednesdays, lawyers will have to email the judge.

The email from the ASA would be: "On State v. Smith,  the offer  on the DUI is first minimum penalties, unless the defendant elects a trial, at which point we will ask for 364, not that we're punishing the defendant for going to trial."

The email from the defense would be: "This should be a state continuance. On 12/12 the court granted a motion to compel for the prosecution to provide us with the sanzafranz breath contraption log of standard deviations. That was four months ago. The prosecution has failed to comply."

The email from the court would be: "The case is specially set for 2/22. The prosecution must provide the log by 1/31 or the breath sample will be excluded."

Case handled. Period. No driving to court. No running from courtroom to courtroom. All done by email from the comfort of your office or chambers. Some cases might require a few more emails, like the defense saying they cannot try the case on 2/22 because their mother-in-law is scheduled for goiter surgery, but those issues can also be handled by email. The emails get filed in the court's computer system. A record is kept. Motions are made. Rulings are issued. Cases move along. No expenditure of fossil fuels by driving to and from court. Less people in the REGJB. It all makes sense.
First start with represented defendants. Then un-represented defendants can be added and within one year 98% of all misdemeanor cases can be sounded by email.

It will work.

No fee.

See you in court.

.

COUNTY COURT CRISIS?

A report from the Colonel Of County Court:

Good morning Rumpole and readers, with a criminal county court bench in flux (two judges- Bloom and Seff are out in the new year) there are troubling issues that are already bedeviling county court. These issues are reported after several weeks of witnessing most of these problems myself and with speaking with several long time county court practitioners

PROBLEM #1 EX PARTE COMMUNICATION:

Judges (and prosecutors who are being encouraged by Judges), are routinely engaging in ex parte communication with clients in an effort to clear their courtroom. Here's what happens: All judges are different in their ability to timely move their calendars, which usually are set every half hour. A solo practitioner may have to go to Judges Miranda and Krieger-Martin for a 9 am trial (both on the 5th floor) then race up to Newman and Bloom on 6 before trotting down to Schwartz on two. Meanwhile it is now 9:30 and the practitioner runs to Seraphin on 4 and waits in a long line until getting called at 10:15. In the meantime one or more of the 9:30 am cases that he or she hasn't gotten to yet has been dismissed. While the attorney is in another courtroom the judge in one of the 9:30 am cases tells the client to leave or the prosecutor does at the encouragement of the judge. The attorney runs back to that courtroom-can't find the client- calls him or her and the client says "the case was dismissed without you... why did I even need to hire a lawyer?" Now the lawyer has to explain that the case was dismissed because of the ten hours of work he or she did in getting the client a new license and then communicating that to the ASA before the trial was set or because the ASA agreed with the motion to suppress or dismiss that was filed, or for any other reason based on work the attorney did and the client didn't see.

Bottom line: Judges and prosecutors do attorney great harm when they start talking to their clients, even in a misguided belief that they are helping the client. It's also against the rules of ethics. So stop it.

PROBLEM # 2 : PTI: Basically the SAO and the courts have sold out to the PTI programs. Lets be clear about this - this was a decision based solely on money and not on anything else like a desire to help defendants. Defendants who get arrested are now receiving letters from people who are not attorneys basically telling them they don't need a lawyer to get their case dismissed. And these letters are sanctioned by prosecutors and Judges. Never mind the fact that a PTI disposition is now being used against clients in a whole host of situations, or that innocent people are being coerced to accept something other than vindication. It's not the existence of the PTI program. It's the way it is being marketed to clients before they have a chance to consult with an attorney: the marketing encourages the clients NOT to hire an attorney. If attorneys were allowed to first meet their clients and thoroughly discuss their history, the availability of PTI would be beneficial to all. Would you go to a surgeon without first getting tests and consulting with a diagnostician?

PROBLEM # 3 SLOM LOCKS THE DOORS.

This problem is mostly confined to Judge Slom and his totally intransigent and difficult bailiff. Basically, when Judge Slom covers for one of his Judges, there are times when he apparently wants to segregate the defendants by the calendar and only let the 9am defendants in the courtroom until he is finished with the 9am calendar. A couple of problems with this: First- this is the United States of America and any citizen has a right at almost any time to enter any court of law and observe. Except in Judge Slom's court. Second- to facilitate this segregation- the bailiff locks the door. Thus if an attorney is running from courtroom to courtroom and doesn't time it right- he or she is locked out of Judge Slom's courtroom while the client is inside. Third- Florida has a statute and procedure for closing a courtroom. It involves among other things notice to the media and a hearing on the attempt to conduct court business in private. To my knowledge Judge Slom is not following this procedure.

Additional issues: some Judges are overly influenced by Judge Slom from everything to case law interpretation to exactly how to run their courtrooms. Thus there is this new Slom inspired practice of playing a pre-recorded introduction to court several times throughout the morning, and usually doing it while several attorneys are waiting to dispose of cases.

That's it for now. And remember: There's gold in them there misdemeanors.

Rumpole says: Judges, ASAs, and criminal defense attorneys are invited to respond via comments or email which will be posted on the front of the blog unedited if they so request it.

We forward one urgent help wanted request:

"Help wanted. Professional sports team in Davie, Florida, needs one or more quarterbacks, preferably with experience. Inquire at Sun Life Stadium, attn: Tony Sparano."

REPORT FROM COUNTY COURT-UPDATED

SILENT CHARLIE SPEAKS! (below) But first...

The Colonel of County Court has filed this report:

At ease.

Rumpole, having been the bearer of bad news for so long, I am happy to report that the action at the front has slowly shifted and we now appear to be winning. As Winston Chruchill once said: "It's not the end. It's not the beginning of the end. It is the end of the beginning."

What I am referring to is the horrendous over-crowding conditions that have been occurring county court for the last month or so.

Today Judge Seff's courtroom in 4-10 was so empty she appeared lonely. Previously, the courtroom was so jammed that the line extended down the hallway. Same for Joe Fernandez in 2-11. Judge Ortiz in 5-2 was her normal unflappable self with a moderate amount of clients in her courtroom.

What we are seeing are the long awaited effects of the new scheduling system which removed non-DUIs from the sounding calendar and placed the responsibility for scheduling non-DUI traffic offenses in the hands of the Judges. The Judges seemed to have finally gotten the hang of it and the calendars appear to be much more manageable.

Dismissed. And remember, there's gold in dem dere misdemeanors.

Rumpole says: Our dear Robed Readers. What can you say about them except that even a broken clock is right twice a day? We are gratified to hear they have worked their scheduling problems out in county court.

However, we must admit that Kounty Kort remains a mysterious and baffling place that we still perambulate by while casting a weary and wary eye at the disgruntled masses huddling in the hallways while those nameless and faceless traffic lawyers scurry to and fro making incomprehensible motions while shouting out traffic statutes that all begin with a 3.

UPDATE: SILENT CHARLIE SPEAKS!!! (he says- and we quote-: "woops")

Yesterday we reported that a new PD rule/policy that had gone into effect was having a deleterious effect on PD morale, which was low to begin with. The new policy that was handed down by the Silent Oz Behind The Curtain (SOBTC) was that henceforth all attorneys would answer their own phone calls.

We now receive word that the Great and Silent Oz has changed his mind!

After unilaterally implementing the "answer your own phone" policy without consulting the attorneys who work there, and after the aforementioned uproar (fanned, we hope, by this humble blog) spread like wildfire ( or like an insulting email between county and circuit judges), we now are informed by reliable sources that The Great and Silent Oz has said "woops" and halted the new policy. Peace of sorts has now returned to the Office of the PD, and once again the poor, the weak, and the gullible, who call the Public Defender as the last bastion of defense for the defenseless, are again greeted with

"Law Offices of the Great and Silent OZ...how may we help you?"

COUNTY COURT REPORT

Our Colonel of County Court has a report, but before we get to it, we are happy to report that Attorney Bob Lamons, stuck down on Friday with a medical incident, is fine and on his way to recovery.

REPORT FROM THE COLONEL OF COUNTY COURT.

Gather round and take a knee soldiers.

The great war has ground to a halt. We have a trench war stalemate. Casualties are high.

First a little background: The County Court Judges (Motto: Reemberto Diaz ) decided to do away with soundings for all traffic crime cases except DUI cases.

The reason was to ostensibly reduce calendars and court appearances and move cases quicker.

Defense attorneys often have new clients sign rights waiver forms and authorizations to proceed in absentia.

The reasonable Judges (ie., Judges Krieger-Martin and Ortiz) allow this reasonable solution- on trial day if the attorney has a valid rights waiver form and authorization to proceed in absentia, and if the state is not ready for trial, the case will be dismissed. If the state is ready for trial, the attorney enters a plea. In the unusual circumstance where the attorney actually intends to conduct a trial in absentia, prior approval is needed.

The unreasonable Judges have not adopted this solution and will force a defense attorney with a waiver and authorization to plea in absentia to take a plea or get a bench warrant on trial day EVEN WHEN THE STATE IS NOT READY.

SHAME ON JUDGES BLOOM, NEWMAN, AND FERNANDEZ. (It's not clear yet on Seff and Miranda's position.)

The unreasonable response of those unreasonable judges is that prior to proceeding in absentia the lawyer must calendar a motion to proceed in absentia- or to put it another way- a busy traffic lawyer with 30-40 traffic cases on any Monday must create and schedule their own sounding calendars before being able to do in those courtrooms what Judges Krieger-Martin and Ortiz reasonably allow.

The practical effect of the decision of these unreasonable judges is that they are forcing pleas on cases the prosecution is not ready on.

Where is Judge Slom to restore order and reason and help move cases and calendars?

On this issue- nobody knows.

So the stalemate continues and our side continues to suffer heavy losses from the artillery fired by the State in the courtrooms of Judges Newman, Bloom, and Fernandez.

Clearly a new strategy is required.

Dismissed. And remember.... there's gold in them there misdemeanors.

Rumpole says: Thank you Colonel. A real problem is brewing in County Court. Can anyone explain why the solution allowed by Judges Krieger-Martin and Ortiz is not followed by the other judges?

COUNTY COURT IN DISARRAY!!

UPDATE BELOW:

The Colonel of County Court reports:

Alright, remain seated and listen up. We continued our reconnoiter of the Monday County Court situation and things are not looking good. This experiment of no soundings is headed towards failure.

The simple reason is that courts don't work if people cannot get into court. And the standing room only crowds of clients, witnesses, lawyers, and officers spilled into the hallway several people deep outside of the courtrooms of Judges Bloom, Newman, Miranda, Ortiz, Seff, Serrafin, and Krieger-Martin.

Here's what some of the soldiers in the field are reporting:

" Judge Miranda was slammed this am with so many traffic cases it was literraly impossible to get in to the courtroom up through 11 am."

" Newman was impossible to get into up to 10:30."

" Bloom was uncharacteristically flustered and running way behind all morning and was having a hard time handling the large amount of traffic cases."

Bottom line- judges are realizing they cannot do a Monday trial calendar with all the traffic cases that weren't sounded being set. Many clients were in the hallway when their case was called leading to some short tempers and Judicial threats to take people into custody when they finally struggled into the courtroom late.

We can report that Judge Luise Krieger-Martin has started setting some traffic cases for trial Wednesday mornings and that has eased the over flow in her courtroom a bit.

Here's an even larger problem: Most cases handled by attorneys in traffic court are now being done by firms. The firms promote the idea of being able to handle the case without the client appearing in court. As such, the firms file motions to represent and plea or have a trial in absentia, as the rules allow.

Judges Krieger-Martin and Ortiz reasonably let the attorney handle the case on the Monday trial setting. If the state's witnesses fail to appear, the case is dismissed. If the State is ready, in more than 99% of the case the case is settled.

However Judges Newman, Bloom and Miranda are totally unreasonable on this- forcing pleas even where the prosecution is not ready. Their disingenuous response to the situation is that the attorney can calendar the case before the trial setting and ask permission to proceed in absentia. However- again knowing that most traffic firms have 25-100 cases set on Mondays- this is akin to asking each firm to create it's own sounding calendar for each judge - necessitating the attorney to call the JA, schedule a hearing, and attending court to ask permission for what Judges Ortiz and Krieger-Martin reasonably allow on most traffic cases like NVDL, driving without glasses, or other simple traffic cases.

The Colonel calls on Judge Slom to step in and explain to these Judges the reasonableness of allowing them to proceed in absentia on these non-DUI traffic cases. The attorneys who routinely proceed in absentia are well versed in the requirements including having fingerprints for their clients when the state is offering an adjudication.

Finally- there is this problem rearing it's ugly head- the DWLS conundrum.

Most regular criminal traffic defense attorneys know that 3 DWLS pleas (Including withholds) results in a client being habitualized and losing their license for five years.

In recognition of this harsh sanction, the prosecution in many cases would alert the court and the defense to this potential outcome at sounding- and usually offer a reduction in charges- usually to NVDL with 200 community service hours. It was a fair and reasonable settlement.

Now however- without the soundings- these problems are first coming to light at the trial stage when the prosecution is reluctant to offer the reduced charge. There is no apparent solution to this problem.

Summary- County Court is currently a mess- and not just from the defense side of things. The increased caseload on Mondays has pushed overworked courtroom staff to the breaking point. It's not unusual for morning calendar to run to close to 1pm, and it is not until then that the Judges can discuss giving their staff a quick lunch break before getting to the DUI motions and trials. This experiment is failing and we predict it will not last.

Dismissed. And remember- as difficult as things are these days, there's gold in dem dere misdemeanors.

UPDATE- A reader had a good comment:

When judges go to judge school, do they talk about the art and science of the bench warrant? I ask because it appears, as it has for years, that bench warrants should be issued when the client fails to appear.

Am I wrong? Are bench warrants meant to be our version of "if you're not in your seat when the bell rings you're late?" Are bench warrants meant to help judges close cases when they are asked to set them aside and then turn to the state and ask "what's the offer?" Are they meant to send the police out to arrest defendants at 9:03 even after the lawyer advises that the client just called from "the line" and are looking at a conveyer belt of shoes moving along?

Maybe like all prosecutors take a tour of the jail, all judges should be required to come to the building one day at 8:15 in plain clothes, park, and come to the building. Then maybe they wouldn't roll their eyes about how its more difficult to get into the REGJB than it is the airport, where they're looking for people who want to blow up airplanes, not just listen to their lawyer ask for a defense continuance or take a withhold on a pot case.

Tuesday, February 09, 2010 11:05:00 AM

THE COLONEL OF COUNTY COURT REPORTS

Our intrepid County Court Colonel- the eyes and ears of this blog in County Court has filed this report on the effects the new no-soundings system has had on County Court:

The Colonel Reports from the front lines of county court:

Listen up soliders and take a knee.

Monday was the first (or second) full misdemeanor and traffic Monday that didn't have a sounding. Some courtrooms ran smooth like Judge Bloom's 6-8. Other court rooms were jammed packed with the type of traffic matters like DWLS and NVDL cases that are normally disposed of at soundings. Judges Newman and Miranda and Joe Fernandez's courtrooms were jammed to the gills at various times during the morning.

This new "no-sounding system" is making Mondays damn near impossible to get through. Even the hardest working Judges were challenged to get to their DUI motions before noon as dozens and dozens of extra traffic cases jammed individual calendars.

On the positive side for the defense, the SAO seemed clearly overwhelmed by the increased numbers of trials and their witness coordination system appeared on the verge of breakdown as defense attorneys across the board reported vast increases in the number of NVDL, DWLS and LSA cases that were dismissed because witnesses failed to appear.

The Colonel has a few ideas to alleviate the problems now emerging in County Court:

First: set 30-40 NVDL, LSAs, driving without eyeglasses, and DWLS cases for trial on Wednesdays or Thursdays (or both) as the judges now have a light Wednesday with only 10-20 dui soundings.

Second: Why not let technology take control?

Create a trial calendar for each courtroom on line. ASAs will post pleas. Defendants or their counsel will get passwords that allow them to log in and check a box:

"plea accepted/denied"; "motions filed/trial requested" " continuance requested" etc.

The judge can then rule on the requests and post them on line. And just like that Mondays become 20 times easier without any court appearances. Where pleas have been accepted, they can be scheduled for other days of the week, like Fridays when few trials take place.

We're going to continue our reconnoiter of these courtrooms and issues. Mondays are clearly a work in progress for County Court and this bears continued vigilance.

OK soldiers. That's all for now. Dismissed.

And remember- there's gold in dem der misdemeanors.

Rumpole says: Thank you Colonel. It sounds like the new system is going to need some improvements.

Anybody else wish to file reports on the new system?