JUDGE SCHERER - AND THE HUG/S .... THE CONTINUING SAGA OF THE NIKOLAS CRUZ TRIAL .......

THE CAPTAIN REPORTS:

THE HUG/S .......

QUERY: Is it proper for a Judge, once the trial is officially over, and court has been adjourned, to leave the bench and proceed to hug members of the prosecution team of lawyers?

Following the two days of Victim Impact Statements in the Nikolas Cruz trial on Tuesday and Wednesday, Judge Scherer proceeded to sentence Cruz to 34 counts of life in prison without the possibility of parole, all 34 counts to run consecutive to each other.  It has now been widely reported that, after Scherer adjourned court, she left the bench and proceeded to hug each and every one of the Assistant State Attorneys on the State’s team of prosecutors.

Below, Law & Crime, has video of “The HUG/S”.

After observing Judge Scherer’s conduct over the past two days and the way she treated elected Public Defender Gordon Weekes and the rest of the Cruz defense team, FACDL President Ernest Chang penned a letter to 17th Judicial Circuit Chief Judge Jack Tuter. That letter is printed below, in its entirety.

"The image of a judge relegating an elected public defender and his top assistant to sit in the corner like misbehaving children is offensive ....."

Hon. Jack Tuter
Chief Judge, Seventeenth Judicial Circuit
Broward County Courthouse
201 SE 6th Street
Fort Lauderdale, Florida 33301
div07@17th.flcourts.org 

RE: Judge Elizabeth Scherer

Dear Chief Judge Tuter,

The Florida Association of Criminal Defense Lawyers is troubled and feels obligated, as representatives of the Criminal Defense Bar, to express dismay at the behavior of the Hon. Elizabeth Scherer. This letter addresses events which took place during sentencing proceedings for Nikolas Cruz on Tuesday, November 1st,2022. Judge Scherer’s hostile and demeaning treatment of defense counsel, one of whom is the elected Public Defender, exposed seemingly deep disdain for the role defense lawyers play in the criminal justice system. We also take the position that Judge Sherer’s hostility reveals a temperament ill-suited to the criminal bench. Judge Scherer’s comments and actions were not only offensive but were also ultimately detrimental to the integrity of the judiciary and the judicial system. 

We urge you to address this with Judge Scherer and take all appropriate steps to ensure she is not in a position to prejudice any other criminal cases. 

Surely you have seen the exchanges between Judge Scherer and elected Public Defender Gordon Weekes and his assistants. When Mr. Weekes rose to address comments by victims’ families made earlier in the day, Judge Scherer dismissed him. In fact, when he asked to be heard further, the court admitted she was“summarily dismissing” him. Judge Sherer’s comments were directed to an elected constitutional officer whose demeanor was respectful and calm. Mr. Weekes deserved better. 

Judge Scherer told both Mr. Weekes and chief assistant public defender David Wheeler to “go sit down”. She said this in the course of misrepresenting the arguments each had made. The image of a judge relegating an elected public defender and his top assistant to sit in the corner like misbehaving children is offensive and discounts their very vital and difficult role in this system.

The irony of Judge Sherer’s approach is that she became rude and animated in response to a straw man which she herself had established. The attorneys objected to what they perceived as threats to them and their families. They politely and plainly asked the court to prevent further“victim impact testimony” which included thinly veiled threats towards counsel. These thinly veiled threats were coming from the lectern in Judge Sherer’s courtroom. She was physically present and acknowledged the inappropriate comments. Judge Sherer suggested the thinly veiled threats simply be ignored. When Mr. Wheeler suggested that Judge Scherer would view the comments differently were they about her and her family, she turned that on its head and said the lawyer was threatening her children. Mr. Wheeler never did any such thing. 

All this occurred, not incidentally, after Mr. Weekes had asked to address the issue at sidebar rather than in full public view. The court refused that invitation before inflaming the rhetoric rather than maintaining Mr. Weekes civil and measured tone. 

Canon 1 of the Florida Code of Judicial Conduct declares that “An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary may be preserved.” 

Judge Scherer did not uphold the edict of Canon 1, and her behavior undermines public confidence in the integrity and independence of all judges. 

The Parkland sentencing was a dramatic and painful, yet critical, exhibition of our criminal justice system. Defense attorneys vigorously represented their client knowing how reprehensible his actions were and how appalling most people found him. To stand by those who all else would readily condemn is the test of not just a great defense lawyer, but also of the Constitution itself. 

Defense counsel provided a critical function of our system, necessary to maintain its integrity. The Court had an obligation to treat all litigants and counsel with the dignity their roles and humanity deserved. Judge Sherer failed in that obligation. Such failures by judges undermine, in the public eye, the entire criminal justice system.

Sincerely,

Ernest L. Chang  
Florida Association of Criminal Defense Lawyers, President

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

FACDL IS CATCHING UP & SLAMS RENIER DIAZ DE LA PORTILLA

 As the late great  Judge Ed Cowart would say about the FACDL  "Bless their soul."

They are catching up and, bless their soul, want to be relevant. 

This weekend they issued two very relevant press releases. First, noting the shocking crimes the President is accused of, including the Watergate break-in, they called on President Nixon to resign. Well done. A bit late- but well done. 

The FACDL also, late to the party, weighed in on everyone's favourite totalitarian judicial candidate Renier Diaz  De La I DON'T BELIEVE IN THE PRESUMPTION OF INNOCENCE Portilla. 

As Bruce Willis said in Die Hard: "Welcome to the party, Pal." 

Better late than never. We mean, Nixon has to go, right?

Statement by the FACDL-Miami Board of Directors by Anonymous PbHV4H on Scribd

 

QUERRY: Let's assume this two-bit politico wins. Where does Judge Sayfie stick him? Bond hearings? Nope- everyone is guilty and won't get a bond. And speaking of bond hearings, boy is there a bruhaha brewing between our chief judge and our SAO over revamping bond hearings. Talk about your NASTY emails....coming real soon on the blog. Back to Renier I won't follow the law and will do anything to win, so where does he go? Civil won't take him- the big firms won't let someone with his legal provenance in their milieu. DV? Criminal. Can't have that. Seems like the stepping stone to the US Supreme Court is the only place- Hialeah Branch Civil!  (And our apologies to the robed readers laboring away in Hialeah civil- you're doing the lord's work and we do not mean to demean you. But NS has to dump his butt somewhere. 

We are sure NS would send him to the Crimea branch court if she could, but with the whole Putin/Ukraine thing, that's iffy at best.)

THE F WORD CONTINUED AND THE BRITTNEY GRINER CASE

 The Brittney Griner case and the Russian prosecutor finally replaces the knock-kneed, jelly spined Dade County State Attorney's Office "Victim Wants Max" theory of justice. Dade Prosecutors routinely ask for five years on third degree felony cases (The defendant thew a banana at the victim, who was both in fear of the projectile (assault and throwing fruit into a moving vehicle) and the banana splatted on the victim's car, causing the victim to needlessly have to wash their car (criminal mischief) ) and ....everybody together now 'VICTIM WANTS MAX".

But there is a new infamy a brew, as the Russian prosecutor in the Brittney Griner marijuana case has asked for a 9 1/2 year sentence for possession of  (if we are reading reports correctly) .072 grams of marijuana. This is an outrage. A violation of human rights across the world and in 49 of 50 states (people in Texas are drawling "at least they didn't ask fer the maximum of ten" ). Kim Jong Un registered shock at the request,  and Ayatollah Khamenei of Iran was supposedly driven to call Putin and ask for mercy on Griner's behalf. 

UPDATE: She was tragically sentenced to 9 years. What a total f'ing farce. 

People are being prosecuted for marijuana. In 2022. And yes, for homosexuality in foreign countries as well. Women can be arrested for driving alone in Saudi Arabia. And banana crimes are on the uptick in Miami. Global warming is driving people mad. 

Speaking of driving people mad, we have an update on the F-Word. As you recall, an injunction issued by the World Court in the Hague in FACDL Miami v, Rumpole prohibits us from explicitly mentioning that august organization- especially in August when we are bored. So imagine if you will a different organization of criminal defense attorneys - call it CLAM (Criminal Lawyers Against The Max). And let's say CLAM has a list serv where members communicate with each other. 

And let's imagine that in the dog days of August CLAM has a board members retreat scheduled. And let's finally imagine that there is one member of CLAM that doesn't like another member of CLAM in whose home the board retreat is taking place. Then imagine this exchange: 

Prelude: When we last left our merry band of legal warriors, several were in Mariupol, Ukraine, repelling a Russian tank attack on the famous steel mill.  Home from the battlefield where they eventually retreated,  they have turned their attention to more important matters regarding retreats- and by that we mean ....(brace yourself) FEATHERS. 

Yes, a bird menagerie has flown into a heated legal dispute by the very best legal minds in Miami. As David Ovalle is wont to tweet: "Only in Miami. Arroz con mango." 

NOT part of the menagerie tour as best we know

CLAM1: I am aware there is a board meeting taking place at a private home in which on the agenda is a tour of a bird menagerie, a pool party, pizza, and then some legal matters. I object. This retreat should take place in the open- like at the Dade County Jail. 

CLAM2- I have had enough of you CLAM1. And yes the retreat is at my house, and no you are not invited, and do you remember when I sent you the laws on cyber stalking to stop you from staking me?

CLAM3 (trying some rumpole humor) The actual agenda is a bird tour, a parrot show, pizza and beer, beer pong, a limbo contest (how low can you go?), a suit and tie pool party, a charity dunk tank with special appearances by several of your favourite judges, including one special guest federal judge dunkee (alas not Sam Alito), followed by a bored meeting. 

More frivolity ensued. Last we left the Clams, they still had a clam bake scheduled, some clams were invited, some were not. 

So many lines....so little space. 

Birds of a different feather should not flock together; 

Don't get your feathers ruffled Clam1;

"I am a feather for each wind that blows" Shakespeare;  

"Hope is a thing with feathers" Emily Dickenson; 

"Self pity in its early stages is like a feather in a mattress. It is only when it hardens does it become uncomfortable." Maya Angelou. 

And doesn't that say it all really? Self pity for missing out on what is becoming THE bird menagerie tour of 2022. George Clooney wants in. The Kardashians want an invite. It is becoming an EVENT. Will there be a "bird menagerie tour " Twitter account?  The sky is the limit. (Pun intended). 

And then there is this 

    

I, STATE YOUR NAME

 It was fun and frivolity at the FACDL swearing in ceremony. No awards this year, although great lawyering was done. 

Judge Milton Hirsch swore in the bored members, with references to large bottles of champagne, and One Hundred Years of Solitude, which is what the last year felt like. Judge Sayfie swore in Kevin Hellmann with a humorous anecdote to her time as an assistant public defender taking over a division run by Margot Moss, CLI. In fact, it just occurred to us that Mr. Hellmann and his wife Ms. Moss have accomplished something even the Clinton's - that equally famous power couple- were unable to do. 

  We crashed the party and took exclusive and never before seen video. 

Yes, at 10 seconds  that is Judge Hirsch, looking like one of the people who raided the Capitol, administering the oath. And yes - the jokesters at FACDL really did say "state your name" after Judge Hirsch told them "repeat after me."

You probably had to be there. 

LISTSERV HIJINKS

In violation of article II, section 9, et. seq., of the criminal defense attorneys' code of conduct,  we publish an FACDL Listserv thread.  This will in turn engender much discussion at the next FACDL board meeting, where members who faithfully email us all the gossip they know, will righteously expound upon the evils of Rumpole and his un-regulated blog who refuses to tow the FACDL line. Who says we spend all our time trashing prosecutors and judges? 

The following emails are true. The names have been redacted, because we are not as recklessly mean as we used to be:

The opening salvo- about marijuana which as we all know is a gateway drug to FACDL snipping: 

Hello Colleagues,
You are hereby invited to a free private event tomorrow at 6:30pm in South Miami featuring XYZ , author of the book "WXYZ" and an
authority on the human Endocannabinoid system and how CBD and other Cannabinoids work. As Florida recently legalized Hemp and products derived from Hemp (most commonly referred to as CBD) it is beneficial to become educated about these products. Wine and Cheese will be served! (does nobody besides Rumpole see the perhaps unintended humor in serving food at the event??)
Beyond the above, if anyone has questions regarding Florida Medical Marijuana or Hemp please feel free to contact me off line. Most likely I will be able to answer your questions.

Our Fav FACDL member, a true grouch in the best traditions of Rumpole, was roused out of their fall hibernation to roar: 

This is a purely commercial ad, and should not be permitted on the listserv. Besides, it is advertising items that are still against federal law. Being on the listserv does not mean agreement to accepting every bid to make money, even from members. 

And then the coup de gras by a member who wins the Rumpole award for wit and wisdom:

And I can think of one person who could use a little wine, cheese, and CBD...

Well done all. You brought a smile to our day. 

SIT IN

Yale's Skull and Bones. The Trilateral Commission. The Free Masons. BPOE. 
The names of these secret societies are whispered, not spoken. Conspiracy theories abound. 
And now in Miami, the  doors to another secret society are being pried (slightly) open. 

Where else can you go to meet charter members of the Merrick Garland fan club? Where can you see Mr. Markus expound upon Madison's Federalist Papers 10 and 14 or hear earnest discussions about the committee notes to the federal sentencing guidelines? 
Wanna hear a debate about Judge Hirsch's use of Guy de Maupassant in a ruling on a motion in limine? 

There's only one place where all these wonderous things occur, and now it's open to you: John and Jane Q Public, Esq! We speak of course of the monthly meeting of the Miami Chapter of the FACDL (motto: Dues, dues, dues!). 

On Wed, May 29, 2019, 6:10 PM Michelle E <mestlund@estlundlaw.com> wrote:

Dear membership,

FACDL-Miami meetings are always open to our general membership, not just the Board of Directors. Below is the schedule of meetings and locations for the upcoming year.

If you have any issues to be raised at a meeting, please notify me a week in advance so I can include it in the agenda.

June 19, 2019 - Federal Public Defender's Office ("FPD"), 50 West Flagler Street, Suite 1700, Miami, Florida 33130

August 21, 2019- Law Office of Wahid Vizcaino, 2103 Coral Way Ste. 304, Miami, FL 33145

September 18, 2019- FPD

October 16, 2019- Office of Wahid Vizcaino

November 20, 2019- FPD

December 18,2019- Office of Wahid Vizcaino (meeting may be replaced with state PDO lunch and toy drive) (special showing of Gideon's Trumpet, staring Henry Fonda)*

January 15, 2020- FPD

February 19, 2020- Office of Wahid Vizcaino

March 18, 2020- FPD

April 15, 2020- Office of Wahid Vizcaino

Because altruism is our middle name, and because we live to serve, here are some items we believe should be placed on the agenda: 

Item: The elevators in the REGJB stink;
Item: Lattes while waiting in line at the attorneys window on 9- why can't they have caramel to drizzle on top?
Item: Placing court files on line for downloading- can anything be done before the Jenna Bush/Chelsea Clinton administration in 2028?
Item: How soon until wifi/2g service in the REGJB?


* Not really, but it's a cool idea. 

FACDL v RUMPOLE continued (HYMAN ROTH EDITION)

If you attend the super-secretive FACDL Board Meetings that are held "Dick Cheeney-like" at "undisclosed locations" * for security reasons, you would learn that depending upon the individual member- and the nature of our posts that particular month- their list of enemies would be something like  

US Attorneys 
Rumpole
State Attorneys 

Or...

Rumpole 
US Attorneys
State Attorneys

We are an agitator. A stone in the shoe. A flea on the dog. It's the Montagues and the Capulets, but hopefully with a better ending. (If you wear and robe and do not get that reference, please consider quitting immediately). 

But FACDL and your favourite blogger fight the same battles- to have our clients treated with dignity and respect where the playing field is level and judges and prosecutors live up to their obligations to seek justice. 
And where we as a criminal defense attorneys live up to our obligations to collect as many fees as possible. 

Despite our constant snipping, and unneeded sarcasm,  the FACDL serves an important need. They run a listserv that we receive spy reports on. They trash us, but like Neil Rodgers' audience, they cannot stop tuning it. 

And they do a lot of work behind the scenes to assist members of our profession. 
Security passes for attorneys not named Alex Michaels? They got it done. 
Parking at lot 26? They are on it. 
Meetings with the SAO and PDS to discuss problems and coordinate solutions? FACDL is there. A hundred thankless jobs that Miami lawyers donate time they do not have to make our profession easier and better. And what do they get in return? An obnoxious blogger taking potshots. 

So we urge you to support them. And if you want to have something changed, run for their board so you can have a voice. 
(We would do it, but then we realized it would interfere with our Pilates class). 

Dear members,

This is our organization's call for nominations for the FACDL-Miami Awards which are presented each year at our annual banquet.  This year's 56th Annual Awards and Installation Gala will take place on Saturday, May 4, 2019 at the JW Marriot Marquis in Downtown Miami.  Once again, we will gather to celebrate and honor attorneys and judges whose character and work merits recognition from our criminal defense organization. 

Below are brief descriptions of the criteria for each of the FACDL-Miami awards.  If you know a lawyer(s) or judge deserving of one of these honorable distinctions, please forward me your nomination no later than Tuesday,  February 13, 2019.  Please do not respond to the listserve with your nomination. Please also include a statement about why you think your nominee(s) is deserving of the Award and other material you would like the Board to consider.  

• THE HONORABLE GERALD KOGAN JUDICIAL DISTINCTION AWARD – This award is presented to a Judge in recognition of an extraordinary career contribution and dedicated service to the improvement of the criminal justice system and for the preservation of constitutional rights.
  
• THE DANIEL S. PEARSON-HARRY W. PREBISH FOUNDERS AWARD – This award is given, when appropriate, in recognition of a lifetime commitment to preserve the constitutional rights of all citizens and for manifesting the very best principles for which FACDL-Miami stands -- an open-hearted devotion to justice, civility, discretion, courage, respect for human dignity and mercy.
• THE RODNEY THAXTON “AGAINST ALL ODDS” AWARD – This award is given, when appropriate, to a criminal defense lawyer who having undertaken a particularly difficult or unpopular client or cause, represents the heart and spirit of criminal defense, and who epitomizes the courage of the criminal defense lawyer to stand apart (and often alone) as Liberty’s Last Champion. 
• THE GREGG WENZEL YOUNG LAWYER’S AWARD - This award is given to a young lawyer who exemplifies hard work in the legal arena and in service to the community.

There will be a vote at our February Board Meeting on February 20, 2019 to decide who will be selected for the awards. The meeting is open to the general membership and any member can nominate someone they think is worthy, speak on behalf of their nominee and vote. This is not a closed meeting (no FACDL-Miami meeting is a closed meeting). The meeting time and location will be announced with the next two weeks.*

(you thought our crack about undisclosed locations was more Rumpolian nonsense, didn't you?)

Thank you.

In all seriousness, if you post a comment on a lawyer who deserves an award, we will post it for a proper discussion. The awards are a moment during the year we pause to recognize our colleagues who have make a difference in the career we have chosen.

LISTSERV UPROAR

The FACDL listserv is the place to be these days. 
It all started when a well-known raconteur and gadfly "Person W" wrote a post commenting on the public bar suspension of "Person M". *

That was like walking into a crowded bar in a Trump hotel and yelling "Clinton!" or "Russia!". 

Dozens of responses ensued. These are actual emails with the names redacted to protect lawyers who will not go on the record about anything. 

Person G: "What's the point of sending this other than to embarrass [person M]? 
Person C: "Well said [person G]."  
Person D: "Gotta agree with [Person W] on this. "She was trying to inform...not embarrass."
Former Judge C: "Does everyone know People Magazine covered my engagement to a Hollywood superstar."
PersonG2: "Is the bar as worried about lawyers who do not fight for their client as lawyers like [Person M] who fight hard for their clients?"
Person B: " A sanction that includes not being able to make a living for any period of time is absolutely out of bounds."
Person R: "[Person M] has won more first degree murder cases than any case most lawyers on here have tried."
Person H: Won Rumpole's heart by quoting Teddy Roosevelt's the Man In The Arena Speech . 
Person C: "I trained [Person M] and he's gone way overboard and even yelled at me but then apologized."
President T: "Fake news. Get me [Person M] he's just what I need at Justice."

And on and on it went and it's still going. 

Coming next: Why the Governor of Virginia should not resign and other tales from history.



* The litigation from the last time Rumpole publicly identified FACDL listserv members and their emails has not yet been concluded. Injunctions and 57.105 motions have been bandied about, and in abundance of caution, something we are not known for, we are not publicly identifying anyone. However, if the members of FACDL want to keep their communications private, they should stop members from sending the entire email chain to yours truly.

ASK NOT WHAT YOUR COUNTRY CAN DO FOR YOU...

After those who wear robes, we tend to mock FACDL, but we do it with a smile and now it's time to acknowledge all FACDL does for us as criminal defense attorneys. First and foremost it is like a big brother/sister having your back. When a lawyer has a real problem and rings the bell, the FACDL and especially the Miami Chapter answers the call. We have also been blessed with great leaders, many of whom went on to the judiciary (but they are still invited to the awards dinner, because being  criminal defense attorneys is all about embracing forgiveness.). 

The current president Carmen Vizcaino follows in the tradition of great presidents like Rutherford B. Hayes and Millard Fillmore. She is working hard to get those all important courthouse passes in our hands (a truly thankless task that makes all of our lives so much better)  and is entitled to some recognition: Well done Ms. Vizcaino. Well done indeed! 

This is Ms. Vizcaino's recent email urging members to re-up:

What has FACDL-Miami done for you?

We have mad problem solving skills: 

The 9th floor clerks window had lines out the door and an average wait time of 1 hour to get to the window. Now we have both windows open in the morning to help alleviate the delay.  - FACDL MIAMI DID THAT. 

Eservice for depositions - we are discussing a solution to having the private bar be allowed to esubpoena officers instead of having to walk over paper subpoenas. 

We have had numerous meetings both the with clerks office and other partners in an effort to move forward the herculean task of having our pleadings and A-forms online. 

We are meeting with corrections to discuss solutions to having to resend letters of authorization for your investigator or expert everytime you client is moved, and to attempt to streamline the process for getting a laptop into the jail to review discovery. 

We have met and resolved issues with the clerk's window refusing to accept Motions to Seal or Expunge filings. 

We triage issues when they arise - many of our members will have an issue at a facility and will contact us.  We can make a call or send an email as FACDL in an attempt to solve the problem in a timely fashion. 

Your COURT ID - we handle all logistics and liaison with AOC in order to provide the private bar with Court ID to bypass the security lines. 

You have a client with a PVH but has an addiction and is ineligible for drug court?  Now you have Drug Court Probation (Post Adjudicatory Drug Court)  that can keep your client out of prison and get them help. FACDL MIAMI DID THAT. 

These are only a few of issues that FACDL has dealt with this year. 

See attached Renewal form below. Join and support this organization  which gives us collective power to resolve the issues that face us as criminal defense lawyers. 

And lest we forget, FACDL is also responsible for....

The I-Phone;  roasted brussels sprouts;  IPA Lager; 
The lyrics to Ariana Grande's "Thank-u, Next"; selfie-sticks; valet parking at the Justice Building; vegan hot-dogs in the hot-dog carts outside the courthouse; the espresso machine in the lobby of the main jail (try the bond-out latte); Mike Pence; and the smiley face emoji.  All for the low-low price of a couple of C-Notes a year, tax included. 

Merry Christmas. 

FACDL DOESN'T LIKE US (FROWNIE FACE)

UPDATE: A possible BIG case is going on in Broweird. 

There are in our collective history moments when the man meets the opportunity and history is made. Washington at Valley Forge. Eisenhower on June 5, 1944. President Reagan saying "Tear down this wall."

And Daniel Pearson and Harry Prebish forming FACDL Miami. 

At least that's what FACDL would have you believe. 

Everyone loves the blog when we skewer KFR or POTUS 45 or some drunken Judge in Broward. 

But poke a bit of fun at the legal equivalent of Mother Teresa? Oh no. "The Blog is being mean to us. Wa wa wa." 

We came into being mocking those in the criminal justice system who were self-important frauds. And we shall continue to do so. 

FACDL serves an important function. Too many for us to list here. We support their goals and efforts. But memo to the FACDL board- when you're in your meetings and one of you makes a sarcastic mention that what you're discussing will be on the blog the next day- we get five or six emails that night. 

When you form your endless committees to speak to the court committees and the prosecutor committees about the need for more committees? Don't expect to escape our mocking posts. 

Fight the good fight. Your members are indeed liberty's last champion. When no one else will stand in the way of the government who is crushing some individual, it's a criminal defense lawyer who rises to defend the person and the constitution. 

You give awards and a little well deserved recognition to under-paid PDs who struggle every day to get blow-hard judges trying to impress the Federalist Society with their "tough on crime" rulings. Well done. 

Just remember that one of the amendments you defend is the First. 

And when we give you some publicity - "Facdl - motto: dues dues dues" laugh and shake it off and move on. 

Or in the memorable words of Sgt Hulka in Stripes: "Lighten up Francis."

Now go fight for justice and be the heroes you all are-including your former President Brian Kerlow Kirlew who always reads our posts and has done so since he was a young PD. 

From Occupied America, Fight the Power. 

AFORMS BY EMAIL!!!

Breaking!! Angelina Jolie has filed for divorce from Brad Pitt. !!! (as per TMZ ). While no one should ever celebrate a divorce, and we don't, we sense a slight opening...maybe a few months when she's ready to date again... 

Wanna get an a-form mailed to you? Scroll down and find out how. 
The FACDLers have been busy bees lately. 
They recently received some shocking news: there is gambling going on in this establishment. 


No, really. Word has slowly filtered back to FACDL that lawyers were being forced to wait to see clients at Metro West because a few of the interview rooms were closed. One was closed because a paper-clip was found unaccounted for, on the floor, and a team was pondering the way to remove it safely. A second room suffered from some water being spilled from a paper cup, and the crack staff at Metro West was awaiting the arrival of the team from FEMA.

Colleagues,

 The FACDL-Miami liaison committee met with corrections today to discuss the issues of extended wait times and client access. Please see the update below.

 Our liaison committee recently met with the Department of Corrections.  Many of you have asked about the delays our members have been experiencing when attempting to visit their clients at Metro West due to the closure of certain visitation areas.  We confirmed that this should no longer occur after the end of September.  The fourth visitation room, which had been closed for a period of time, has been re-opened and is in use now.  The larger contact room, which is undergoing repairs due to ceiling leaks and floor tiles being replaced, is expected to re-open by September 30th.

 Michelle Estlund heads up this committee and she will be providing an update as to the issues of getting our non-attorney professionals admitted more easily into all of the county jails sometime next week.

Brian Kirlew, Esq.

And if that wasn't bad enough to age our long suffering president, he received a classified briefing on delays at the clerk's office that was down-right terrifying: (keep reading for the a-form email info)

Colleagues,

 As many of you are well aware, the delays on the 9^th floor during peak morning hours is unbearable. It’s taking up to a half hour or more at times to get certified copies or to view documents in the court file. In an effort to relieve the delays, FACDL-Miami, along with the DCBA Criminal Courts Committee, has been in contact with the Clerk’s office to see if something could be done to relieve the backlog on the 9^th floor attorneys window. In June, two deputy clerks were let go for budgetary reasons. That directly affected the staffing of the attorneys window. Both of those clerks will be brought back effective October 3^rd.

 Also effective October 3^rd, in addition to any requests to view files, you may also email requests for A-Forms to felonyfr@miamidade.gov. The A-Forms will be emailed back to you directly and the files will be waiting at the Attorneys service area. Files that are in court or at the record center may take one to two days to be retrieved.  

The email feature is intended to reduce delays for the attorney requesting the A-Form or file, and the attorneys waiting in line for other matters. It will only work if the defense bar actually utilizes the service. So instead of waiting in line for an A-Form or to get copies from the court file, send an email to felonyfr@miamidade.gov instead.

A big thank you to Jude Faccidomo and Jonathan Meltz for their efforts on this issue.

 Brian Kirlew, Esq

A forms by email?? What will they think of next? Wi-fi in the REGJB? We can dream, can't we? 

See you in court with stacks of a-forms being emailed just for fun. 

EARL MORRAL

Earl Morral, who came off the bench in 1972 when QB Bob Griese broke his ankle in the fifth game of the season and QB'd the dolphins to nine consecutive wins in the perfect season, has died. 

Morral personified the belief that there is no "I" in TEAM. 

FACDL BANQUET Saturday night. 
Alas, our invitation again failed to arrive this year. 

Some year....

Two of Scott Rothstein's BSO henchmen have been indicted. The Herald has the dirty details here. 


And Russia flexed it muscles at Papa New Guinea. The Russians have had it with the small country that speaks 848 different languages. Plus, Putin is crazy lately for Sabo grub. 

Enjoy your beautiful weekend. 

DETAIN THIS

Below is the Memo containing the resolution authorizing the Dade Mayor to tell Dade Corrections that they do not have to honor federal detainers on inmates unless the Feds  agree to reimburse Dade County. Last year the costs to Dade taxpayers was over $600,000.00. 

Dade Mayor to Feds: "Take your detainer policy and shove it!..."





What this means: less detainers on your clients at DCJ. 

SECURITY IDS

Colleagues,

now that I have your attention: it is URGENT that those of you who have not picked up your 2014 Security ID do so. The procedure is below. There is about a 120 people who have not picked up their IDs. About two dozen of those individuals are REGJB regulars. So please, avoid the lines, pick up your 2014 IDs. If you do not pick up your ID in the next two weeks, it will be destroyed and you will have to reapply for an ID. 

If you have previously been issued a card which has expired, or took your picture but never picked up a card, then your new card has already been printed and is available for pick-up at the   When going to pick up your new ID card, you will be required to the following:

1. The cardholder and only the cardholder, must bring and sign the attached 'Security ID Acknowledgement Form. Acknowledgement form is included in the attached security ID package PDF. 
2. The cardholder must bring a printout from the Florida Bar website indicating that they are currently a ‘Member in Good Standing’ (use this link, enter your name, print).
3. The cardholder must surrender their old ID card (if the old ID has been lost, make that check for $20 instead). Note: this is only applicable if you have received an ID card in the past. 

Brian Kirlew

FACDL-Miami, Secretary 

And that wraps up housekeeping chores for the week. 

See you in court. 

FACDL AWARDS

This email was sent Thursday announcing the FACDL Award Winners. 

Dear friends and colleagues,

Today I am extremely excited and proud to announce the award recipients who will be honored at our Annual Gala and Awards Banquet on April 26, 2014.  

Each year an award named after another fearless jurist is presented in recognition of an extraordinary career contribution and for dedicated service to the improvement of the criminal justice system, this year THE HONORABLE GERALD KOGAN JUDICIAL DISTINCTION AWARD will be presented to The Honorable William Thomas. 

Given, only when appropriate, this award to criminal defense lawyers who having undertaken a particularly difficult or unpopular client, represent the heart and spirit of criminal defense and epitomizes the courage of the criminal defense lawyer to stand apart (and often alone) as Liberty’s Last Champion.  This year, THE RODNEY THAXTON “AGAINST ALL ODDS” AWARD will be presented to Regional Counsel Attorneys Phil Reizenstein and Kellie Peterson – for their defense of Dennis Escobar during a grueling two month long homicide trial in 2013.

Presented to a young lawyer whose hard work in the legal arena and in service to the community exemplifies what young and fearless attorneys should strive for, THE GREGG WENZEL YOUNG LAWYER’S AWARD will be presented to Assistant Public Defender Sara Yousuf.

And finally, the THE DANIEL S. PEARSON-HARRY W. PREBISH FOUNDERS AWARD will be presented posthumously to FACDL Miami's Two Time Past President Richard Sharpstein.

 

I hope that all of our friends and colleagues, Attorneys and Judges alike, will join us in congratulating the award recipients and their families on April 26, at the Intercontinental Hotel in Downtown Miami.  Please share this email with anyone who might not have received it and who would want to congratulate the award recipients.  I hope to see you all in April, congratulations to everyone!

Best regards,

Eddie Pereira

President FACDL-Miami

SCRAM

Whist perusing the FACDL emails last week (for which we are grateful to our readers who forward them to us. Nothing against FACDL personally, but we just don't join organizations. It's a religious thing....sort of) we came across several emails which, if you didn't read closely, you might have thought the participants were discussing the imminent meltdown of a nuclear reactor. Terms like "SCRAM" and BOT and IID were being tossed around with frequency and alacrity.

We give FACDL a hard time, but the truth is that the muckity-mucks do what they do for free, donating their time and efforts on behalf of the defense bar and our clients.

Thus, we give FACDL Miami their due, and recognize their current president who stepped in last week and mediated an  impending contretemps over what appears to us (with admittedly limited knowledge in this obtuse area of the law) to be the equivalent of PTI for DUI, known as BOT. OK? Now scram. 

Bot letter from Justicebuilding


Perhaps the next time you see Mr. Pereira you should buy him a beer. But not too many, else wise he might need to enroll in BOT. 

GOODBYE
To the great blog Hercules and the Umpire, run by the exceptional US District Judge Richard G. Kopf.  Judge Kopf ended his remarkable blog on January 1, 2014. You can still peruse the blog and comments (and find an exchange between Rumpole and the Judge on his last post, disproving the notion that we're never nice to those who wear the black robes) and we highly recommend the blog post on sentencing, where the Judge reflected on the harsh sentence he gave a defendant who went on to be released, graduate law school, and receive a prestigious clerkship with a DC Circuit Judge.  

Well done Judge Kopf. Well done indeed. 

See you in court.