JAC ATTACK WHILE MIAMI BEACH RUNS FOR COVER

 As reported by NBC6 Miami, JAC has ordered one court appointed attorney to repay 282 thousand dollars in court appointed fees that could not be accounted for. The commission held a hearing. There was significant incredulity about the billing of more than 24 hours of work in a day more than 44 (That's Reggie Jackson's number with the Yanks BTW) times. 

Rumpole says....Practice Panther. Track your hours. Save your Bar license. Keep your fees. Very affordable. 

This makes all of us look bad. 

TAKE A PICTURE IN MIAMI BEACH...AND GO TO JAIL 

Meanwhile, the City of Miami Beach continues to prosecute people for taking pictures and videos of police officers...except when the case is set for trial. Then they run faster than a judge from a bar tab. 

Ace Herald Scribe has all the details of the latest act of cowardice of CMB here  and their prosecutor Yoe Lopez dismissing a case a year after arrest as it came to court for trial. Lawyer Dan Tibbitt, who doesn't take sh$t from any prosecutor or judge, and has won some very big cases, was ready for battle and took the win. 

Yo Yoe!  Your reputation is worth more than whatever Miami Beach is paying you to wreck the lives of people taking pictures. Are you going to arrest Ovalle if he takes a picture of a cop making an arrest? Or if he takes a picture of you getting your case whipped in court?

Yoe taking a loss and beating a fast retreat 

YOU CANNOT DO THIS IN MIAMI BEACH WITHOUT NEEDING TO HIRE RUMPOLE 

JAC ATTACK

 Many commentators on the blog are chatting about this NBC Six story: attorneys billing millions of dollars over the last decade for court appointed death penalty work. 

We first note that if an attorney was paid two million dollars over ten years, that's 200K a year and not an outrageous amount. 

We next note that our State Attorney withheld no shots, kicking and kicking again the attorneys who are accused of over billing. These are good lawyers who are zealous advocates on the worst types of cases, and they fight the Dade SAO as hard as possible defending their clients. 

We think it unseemly that Ms. Rundle has attacked these lawyers, effectively helping to prevent these experienced lawyers from getting appointed on new cases where they do not roll over and just plead their clients to the death penalty. 

The Dade SAO has a much bigger role in the problems of these death penalty cases. For example, did you know that 

1) The Dade SAO has a POLICY of asking for death on almost every death eligible case. THEN, they spend the next two years deciding if they really want the death penalty. Don't you think it should be the other way around? That they should treat the decision to seek death with the serious and solemn thoughtfulness that such a decision should entail? Instead, they automatically seek death, which automatically results in the appointment of two lawyers billing taxpayers, and then the SAO asks the defense to convince them why they should not seek death.  And now Ms. Rundle complains that lawyers are billing for the work they caused?? Really??? Shame on her. 

2) It takes an average of MORE THAN SIX MONTHS for a lead detective's report in a homicide case to be completed and released (many times it is more than a year). During that interregnum after arraignment the case sits while everyone waits for the lead's report. And yet Ms. Rundle complains in the article about how long it takes to resolve these cases.  If you want to shave a year off the process, kick your detectives in the ass and tell them to write up their report. And while you're at it, tell them to NOT DESTROY THEIR NOTES. What exactly are they afraid of are in those notes that require them to destroy them? 

And finally, this. The article is an embarrassment to our profession. Those lawyers, colleagues all, should know better. Nobody should bill 24 hours in a day. Even Rumpole sleeps 8-9 hours a day. No one should bill 355 days a year on the same case. Rumpole vacations for two months in the summer, and the winter ski trip, not to mention spring sabbaticals. No one should bill hundreds of hours listening to jail calls- bills that take up six and seven months of a year, 12 hours a day, seven days a week. 

It is very easy to get practice software that tracks legal work and billing. Handwritten records won't do. Get an APP. 

The public already doesn't believe these people charged with these crimes should get a defense. This type of billing makes it worse. And what makes it really really bad is that apparently ONLY MIAMI LAWYERS are the ones whose bills are being flagged for this. 

Ouch.  These lawyers are all good and decent people -we know most of them and the quality of their legal work- one name we didn't recognize- they are very good criminal defense attorneys. The clients and the courts lose out on their effective representations because of their sloppy billing. 

What a mess. 

JAC BE NIMBLE

This seems important. 

Our next "JAC motion" shall be our first. 
"The protocol for filing"....hmmm... our mind wanders far and wide with that one. But uncharacteristically, (perhaps its the NYC Corned Beef weighing us down) we remain silent.



SURVIVOR POOL
For those of you who picked the Cowpokes and the J...E...T....S Jets Jets Jets  to win by 22 or cover, (Mssrs. Weisman, Markus, Sauter, and Gonzalez)  you advance to the MNF game. Send us the total yards passed. It matters not who throws the rock, just the total yards thrown. Top 4 within 99 yards win a pass. 
Mr. Markus leads the pick with 480  500  480 yards. (Yes, Mr. Markus has been emailing us multiple times throughout the day. He is taking this very seriously). 
Peter Sauter picks 465 yards. 
Juan Gonzalez 460
Mr. Weisman, having decided it is not worth the trouble, is out of the running for a weekly pass. 
For what it's worth, Rumpole says 350 yards. 
A valuable week's pass is up for grabs. 

STUFF AND SURVIVOR POOL

We don't understand this. Don't you just electronically file a motion. And what's a "JAC motion?" 

And the best part of the training is many of the observant Jewish lawyers are free that day because it's a holiday that they do not work on. Well done JAC (or whomever)!




"Objection Judge! We filed a JAC motion and the court granted it in part, and the testimony about the hidden fruit in the valise is clearly covered." 

MENTORS: We also do not understand this. Is it substance over style? Or vice-a-versa?  How do you moderate mentors? What in the Sam Hill is this? BUT, and this is a big BUT...."Coffee AND dessert will be served" so count us IN.  

Mentors by Anonymous X2glnmuma on Scribd

SURVIVOR POOL
Hop in. The water is warm (global warming and all).  How hard can it be? Just pick one winner every week, no spread. Colts over Chiefs? You got it. Once you use a team, you cannot use them for the rest of the year. 

Email us Howardroark21@gmail.com to sign up. 
Big cash prizes (not). Admiration of the legal and football community (yes). 

JACKED BY JAC

NO SOUP FOR YOU!

And no money for you.

As the State staggers towards the end of its fiscal year (June 30) and agencies are running out of money, one local state agency we all know and love just lost a ton of money.

The PDs? Nope. The legislature is trying to sell his practice out from under him to private lawyers, but this didn't happen to Silent Charlie.

Regional Counsel? Nope. Nobody knows where they are anyway.

If you said the State Attorneys Office, take a bow.

There are discretionary funds that offices like the PDs, Regional Counsel and the SAO use to spend on cases for things like experts, travel, depositions, etc.

JAC (motto: "it's our money and you can't have it") just took all the discretionary funds sitting in the budgets of all State Attorneys Offices from around the state and put it into one big pot. First come, first served.

Let's say you're the State Attorney in Monore (the Keys) and you were given a million bucks for court case expenses for the year. And lets say you've done a good job and with a month to go before the new fiscal year begins, you still have over $100,000.00 to spend. Now it's gone.

JAC has scooped all the money and if you need expense money you have to fill out the form 456728-/1738#@!000-10987 in triplicate, get the signatures of his Holiness The Dalai Lama, President Hu Jintao of China, and the third assistant secretary for Commerce for Lichtenstein and file the form simultaneously with the Clerk of Court in the Hialeah Branch Court, the probate court in Jacksonville, and the patent office in Wiesbaden, Germany. Then wait for your authorization to spend the money for the depo you need in the case going to trial next week.

Good luck.

So what does this exactly mean for "The Fernandle Crew" on 12th Avenue?

How would we know? You think she talks to us?

STAR WARS

EPISODE IV: A NEW HOPE

It is a period of civil war. Rebel Court reporters, striking from their hidden base, have won their first victory against the evil galactic and Florida Empire, JAC.

During the battle, rebel spies managed to steal secret plans to JAC's ultimate weapon: the thirty six page request for reimbursement form. This form is complex enough to allow JAC to deny any and every claim for reimbursement, which strikes at the very heart of the rebel court reporters' ability to work.

Pursued by JAC's sinister agents, Princess Rosa Naccarato races to circuit court and manages against all odds to achieve a stunning victory that can save her court reporters and restore order and sanity to Florida's court systems.

But the Evil JAC will not rest.....

(The following is a memo obtained by Rumpole)


TO: PCAC or Indigent for Costs Counsel
FROM: Goldman, Naccarato, Patterson, Vela & Associates, Inc.

This is a brief but necessary disclosure from the available court records and is not a confidential disclosure. Circuit Court Judge David Miller denied JAC’s Motions to Dismiss and Motion for Change of Venue to Leon County on January 10, 2008. On January 14, 2008, GNPV settled its differences with JAC by Mediation Agreement so that GNPV remains a contract vendor with rights set out in the Mediation Agreement. Ultimately the pending cases will be dismissed. GNPV is hopeful that it can continue, in some places where it left off, to do the same type of work for which it was hired in the past. Now GNPV has complete confidence in its relationship with JAC and can assure its reporters and counsel of its new confidence and security in its JAC relationship. GNPV looks forward to continuing if not expanding its business.

Very truly yours, John R. Sutton

THE COURT REPORTERS STRIKE BACK

Tomorrow (or today if you are reading this on Friday) Circuit Judge David Miller will be hearing an emergency motion at 7:15 AM (yes 7:15 AM!!!) on this lawsuit:

GOLDMAN, NACCARATO, PATTERSON,
VELA, & ASSOCIATES, INC.,
Plaintiff,

versus

KATHERINE FERNANDEZ RUNDLE,
Miami-Dade County State Attorney;
Administrative Office of the Courts of the
11th Judicial Circuit, JUSTICE ADMINISTRATIVE
COMMISSION, an Agency of the State of Florida,
RICHARD ROSENBAUM, “Private Court-
Appointed Counsel” or attorneys representing
“indigent for costs” defendants.
Defendants.


This gist of the lawsuit filed by attorney John R. Sutton: Goldman Naccarato, a well known and well respected court reporting firm, demanded that JAC pay their firm for 40 thousand dollars in unpaid court reporting bills. JAC responded in the manner that we would expect this wonderful agency to do- they terminated Goldman Naccarato's contract, including the six felony courtrooms the firm was contracted to cover.

HERE IS PART OF THE LAWSUIT'S REQUEST FOR A DECLARATORY JUDGMENT:
32. The Plaintiff anticipates certain orders of transcripts after being terminated by JAC.
33. The Plaintiff recognizes and wishes to comply with its duties to timely provide proper transcription of all necessary proceedings.
34. The Plaintiff is unable to identify a responsible party for the invoices.
35. The Plaintiff has no available remedy as a matter of law and has come to
equity with clean hands.
36. This is a very real and emergent controversy for which there is an adversarial relationship regarding the payment of the Plaintiff’s invoices for orders in the future after termination.
37. This controversy is as emergent as is the operation of the Circuit Courts in and for Miami Dade County which require reporters to function.
38. The Plaintiff emphasizes its satisfaction in working for the State Attorney, Public Defender, and the Circuit Courts, but suffers the quagmire of substantial and sometimes overnight transcription, and delivery of lengthy transcripts of court proceedings when the Plaintiff is terminated by JAC and has no certain right to payment by any known party. As such, all interested parties are named herein.
39. The Plaintiff’s business is at stake as its reporters will resign if prompt payment under contract is not assured and the Exhibit 2 termination overruled as an improper tortious interference with contractual rights.
40. Upon knowledge and belief, it is clear and apparent that PCAC and indigent for costs attorneys will order both transcripts of court proceedings and deposition transcripts.
41. In contradiction to the above, it is clear and obvious that appellate courts will enforce prompt delivery of transcripts.
42. The Plaintiff wishes to carry out its duties under Exhibit 1 and urges interested Defendants to assist in the development of a certainly reliable plan for compensation.
43. This Court should take jurisdiction of this matter and find that it is a matter of great importance and schedule an appropriate evidentiary hearing to evaluate the status of the conflict in Exhibits 1 and 2 and thereupon render instructions to the Plaintiff so that it is not required to deliver transcripts on penalty of fine or contempt and then without payment.
44. It is the Plaintiff’s concern and belief that the JAC terminated its contractual relationship with Plaintiff as retaliation for Plaintiff filing a Complaint for outstanding payments.
45. The Plaintiff has elected to file this action to identify the predicament and obtain instruction from this Court regarding transcription of depositions and court proceedings including trial transcripts, to Defendants represented by court-appointed counsel or who have been declared insolvent for costs

Wherefore the Plaintiff prays for Declaratory Judgment, emergency evidentiary hearing and requests this Court order all Defendants appear in Miami Dade County Circuit Court to present its analysis of the problem and solution to the problem.

Rumpole says: when JAC refuses to pay court reporters, our clients suffer. In a sense, the prosecution is getting through the back door, what they couldn't get through the front door: doing away with depositions in felony cases. If JAC prevails, we will enter an era where your clients will truly only be able to get the justice they can afford to pay for.

Many of our readers know the court reporting firm and the principals who run it. We have had no contact with them on this matter whatsoever. We obtained the lawsuit from another source. However, it might be nice to tell the reporters that you stand behind them, and offer them whatever assistance they may need- from a donation to pay for costs of the litigation, to offering to be a witness in their case. We as defense attorneys are strongest as advocates for our clients when we speak with one united voice. In this matter more than the welfare of this court reporting firm is at stake. Our ability to defend our clients is also being directly threatened by JAC. We need to support these court reporters as they "strike back." May the force be with them.

See you in court.

EMPTY

THE CUPBOARD IS BARE

This disappointing email from Rick Freedman arrived announcing that the State (again) has no money to pay attorneys who have already submitted bills:


I have been informed by the Justice Administrative Commission (JAC) that you may experience delays in the payment of your outstanding bills for the next three months. As you are aware, the new 90 day billing rules took effect at the end of August. As a result of that rule, the JAC was swamped with over 4,000 bills arriving at their offices in one day, (in an attempt to beat the new deadline). They believe that it will take them up to three months to catch up on their payments. Once they are caught up, they should be able to return to their regular payment schedule of paying your bills within two weeks.

On a separate note, for the first time since taking over the CAC system in 2004, the JAC has discovered a small group of attorneys that have been billing more than 24 hours in a day. None of the attorneys involved are on the Criminal Registry in Miami-Dade County. (Unfortunately, those involved include a few attorneys from the Civil Dependency Registry in our County.) Please make every effort to keep clear, concise and accurate records if you plan on filing any long form bills. The Screening Committee will not hesitate to take action against any attorney on the Criminal Registry who is found to have submitted any fraudulently billings.

Thank you.
Rick Freedman
FACDL-Miami

THE COURTHOUSE IS EMPTY

North of the Border Circuit Court Judge Ana Gardiner recently commented that the North of the Border courthouse was overflowing with work, to the extent that even closets weren’t available.

Enter Famed Broward Blogger Bill Geilin who took it upon himself to conduct a thoroughly un-scientific but revealing study by walking the Broward courthouse at different times of the day. The result, was the not so surprising conclusion that during the afternoons more than half the courtrooms were locked and empty.

Here is the New Times Article on Mr. Gelin’s courthouse walks: EMPTY HALLS



CHAMBERS SHOULD BE EMPTY...

Of gifts. As the holiday season approaches, we can all expect to see Judge Farina’s letter advising that gifts should not be given to Judges or their staff, nor should they be accepted. Judges are also advised against attending holiday parties thrown by attorneys who have open cases in their division. (insert your own joke here).


THE COURTHOUSE IS CLOSED. PLEASE CALL AGAIN IN THE MORNING (IF YOU HAVEN’T BEEN EXECUTED FIRST)

And out of Dallas, Texas (motto: we like to kill) comes this Op Ed piece about the shocking execution of a Texas inmate, where the Texas Court of Criminal Appeals would not stay open past 5PM to receive the last minute request for a stay of execution:
We Close At 5 Y'all

What's 20 minutes to you? Two miles on the expressway during rush hour? Time to slurp a latte on the way back to the office? About the time it takes to scan the newspaper you're reading now? To Michael Richard, 20 minutes was probably the difference between life and death.
The Texas death-row inmate's lawyers petitioned for a stay of execution after the U.S. Supreme Court's decision to review the constitutionality of lethal injection. ..
Mr. Richard's lawyers were working on his petition when their computer crashed. They phoned the Texas Court of Criminal Appeals, informed its personnel of the computer problems and asked them to stay open long enough to accept the paperwork.
Forget it, replied the court. Time thus ran out for Mr. Richard, who died on the gurney. A court official later said, "I advised the parties that called that we closed at 5."
Just like that.
That is unconscionable.
You might not lose sleep over the fact that the court wouldn't stay open for 20 minutes to help a convicted rapist-murderer's attempt to evade the needle a bit longer. You should think again.
When the state takes the life of a condemned criminal, it must do so with a sense of sobriety commensurate with its grave responsibility. Hastening the death of a man, even a bad one, because office personnel couldn't be bothered to bend bureaucratic procedure was a breathtakingly petty act and evinced a relish for death that makes the blood of decent people run cold.

Rumpole says: Our understanding is that our very own clerk’s office considered dispatching a team to Texas to study their efficiency, until it was realized that the Texas clerks were actually working to 5PM. When the laughter died down, the idea was voted down.

Have A Good Columbus Day Weekend.
No Court Monday. Football Picks Sunday.
See Ya Tuesday.