TWO NEW JUDGES IN MIAMI-DADE COUNTY .......

THE CAPTAIN REPORTS

AND YOUR TWO NEWEST JUDGES ARE .....

JUDGE LAURA GONZALEZ-MARQUES

Judge Gonzalez-Marques moves from the County Court bench to Circuit Court. She became a member of The Florida Bar in 2009. She worked with the law firm of Kobre & Kim until her appointment by Gov DeSantis to the County Court in September of 2021. In less than two years she takes over for Judge Michael Hanzman who resigned earlier this year.

JUDGE RITA CUERVO (aka Ritamaria Gonzalez Cuervo)

Judge Cuervo has been a member of The Florida Bar since 2005. She has been an associate with the law firm of Andrews Biernacki Davis since 2018. There she primarily handles PIP and insurance defense cases. She began her career as an APD in Miami-Dade County. She now moves to the County Court bench taking the seat previously occupied by Judge Fred Seraphin who retired earlier this year.

Happy (and surprised) to see the appointment of Ms. Cuervo. To date, Gov DeSantis has been in office for four years and seven months. In that time, he has made 230 judicial appointments. Of those 230, a staggering 147 were at one time an ASA, AUSA, or AAG (64%). Compare that to a total of 13 of 230 that were either an APD or AFPD (5%). Even more shocking, of the 230 appointments, 78 moved directly from the office of ASA, AUSA, or AAG to the bench (34%) compared to a whopping two (2) who came directly from the public defense side; one was an APD and the other was an AFPD (.008%).

IN OTHER NEWS .......

Gov. DeSantis appoints three to the Florida Museum of Black History Task Force.  

The three appointments include Brian Butler, Berny Jacques, and Antony Lee. Butler, President and CEO of JCB Construction was quoted as saying as to his successful career in the construction industry: “I owe it all to my great granddaddy who learned the construction trade as a slave working on a plantation in Georgia. But for him, I may have never gotten into the construction industry”.***

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

***The quoted section is what we call a joke.

TYLMAN CONTINUES DIGGING HER OWN GRAVE; DIAZ DE LA PORTILLA JUMPING INTO THE SAME HOLE .....

THE CAPTAIN REPORTS:

UPDATED:

We do our best to keep it light on this Blog, while regularly discussing important issues that affect our criminal justice family.

But, today, a family, and a police department mourn the loss of a brave young police detective, Cesar "Echy" Echaverry. Detective Echaverry was 29 years old when he was shot while on duty Monday night working his job as a Robbery Intervention Detail (RID) Detective. While he bravely fought for his life, his body surrendered and he passed away tonight.

All of the police officers of our community go out to work each day, kiss their loved ones, spouses, children, and then are prepared to take a bullet for us. To make our community safer. Let us never forget the sacrifices they make for us to protect our safety and security.

May God bless Detective Echaverry and may his family gather strength from the prayers of the citizens of our community.

CAP .......

EARLY VOTING CONTINUES ... 

... AND SO DOES TESS TYLMAN DIGGING HER FLORIDA BAR & JQC HOLES EVEN DEEPER .....

In her latest desperate move, Tess Tylman is sending text messages to voters phones that include a photo of Governor DeSantis. Next to the Governor's photo are the words stamped in bright red VOIE #90 (a reference to Tylman's location on the ballot).  This text violates several Judicial Canons including using Desantis' image as if he is endorsing the candidate and using the Governor's image when DeSantis is also running in the same election and on the same ballot.  If by chance Tylman somehow gets more votes than her opponent, Judge Lody Jean, The Captain predicts that it will be a short rein on the bench for Ms. Tylman when the Florida Supreme Court removes her from office.

In other news, we can't help but "like" several of the Comments that have appeared over the past few days in the Justice Building Blog (JBB).  Thanks mom and dad for the following:

Captain killing it this election year with his multiple stories on the candidates. Rumpole and Captain thank you for the public service you are providing. Thursday, August 11, 2022 10:51:00 PM

It is true. This coverage blows away the herald. They should just link to this site and call it a day.  Friday, August 12, 2022 7:09:00 AM

Cap, I'm loving all this campaign info! Great job.  Saturday, August 13, 2022 11:32:00 AM

That’s a pretty nice investigation! Sunday, August 14, 2022 8:29:00 AM

In case you have missed the coverage, we have been quoted and been provided attribution several times over the past month in the Daily Business Review, the Miami Herald, the Florida Bulldog, among other threads.  Yesterday, THE DBR did a follow up to our story called: GET OUT THE HANDCUFFS ??? HAVE THE DIAZ DE LA PORTILLA BROTHERS BROKEN THE LAW ??? that can be found here.

In the DBR story, reporter Michael Adam Mora (who contacted me directly) wrote a story called: 'This Is Gutter Politics': Ethics Question Raised in Miami-Dade Race Between Judge Fred Seraphin and Renier Diaz de la Portilla. Mora writes: 

"Ethics experts say it could become problematic if someone could prove to the Florida Supreme Court or the Judicial Qualifications Commission that Renier Diaz de la Portilla, a partner at Diaz de la Portilla Lawyers in Miami, was aware of the distribution of certain campaign materials in the judicial race from the PAC that supports his brother, Miami Commissioner Alex Diaz de la Portilla."

Mora went on to say:

"But when the Justice Building Blog published the news Saturday of the alleged criminal implications, Renier Diaz de la Portilla claimed in an email that the blog is “conducting a nasty third-party campaign against me with what I am told is my opponent’s full knowledge and consent.”***

Our colleague Brian Tannebaum was quoted in the story saying: “This is gutter politics,” said Tannebaum, who is not involved in the Group 5 race. “This is exactly the type of conduct that causes the Florida Supreme Court to remove a judge, and in the Santino case they made that clear.” (Tannebaum was referring to one of the two Florida Supreme Court cases we cited in our story). 

Mora went on to say: "Tannebaum said that whether the release of the phone number could lead to Renier Diaz de la Portilla or his brother facing a first-degree misdemeanor, as the anonymous blogger claimed (in the Justice Building Blog), is an academic argument, since one could argue the PAC—a non-governmental entity—disclosed the number in the mailer. Regardless, “If you go down the list,” there are allegedly multiple violations of bar rules and judicial canons."

***In response to Diaz de la Portilla's allegations that his opponent (Judge Seraphin) has full knowledge and provided consent for our posts, we just had to laugh out loud (LOL). Judge Seraphin may read the Blog and would therefore have knowledge as to what we have written. We can assure you that we have not contacted Judge Seraphin and asked for his permission or blessing to post what we have written.

ELECTION OR APPOINTMENT OF JUDGES, THAT IS THE QUESTION .....

A debate broke out in the Comments section of the Blog last week about whether we should continue with the election of judges, or turn to the appointment system (the one used for open seats, and appointments to the appellate courts and Florida Supreme Court).

One Commenter stated:

"651 what bad or extreme appointments has Desantis made in our trial courts? None."  Thursday, August 11, 2022 8:39:00 AM

Let me respond to 8:39 AM by answering his question with a question. Governor DeSantis claims that diversity is of his highest priority when it comes to the appointment of judges. My question is - is he being honest with the citizens of the State of Florida when he makes that statement; is he being honest with himself?

Between January of 2019 when DeSantis was sworn into office and August of 2022, DeSantis has made a total of 191 judicial appointments. Of those 191 appointments, here are the "diverse" numbers he speaks of:

A total of 123 of those judicial appointments were from a group whose resumes included the previous jobs of ASA’s, AUSA’s, and/or AAG’s. Of the 123, a total of 72 of those appointments were pulled directly from one of those three offices. Can you guess how many APDs/FAPDs were appointed directly out of their offices - TWO, THAT’S RIGHT TWO, VERSUS 72. Federal Assistant PD Ayana Harris was appointed to the Miami-Dade County Court in December of 2019. Assistant PD Barry Dickson was appointed to the Escambia County Court in September of 2020.

The answer to my question, if you are being honest with yourself, is NO. DeSantis’ appointments have been anything but diverse.  

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

GET OUT THE HANDCUFFS ??? HAVE THE DIAZ DE LA PORTILLA BROTHERS BROKEN THE LAW ???

THE CAPTAIN REPORTS:

On July 27, 2022, we first called out Renier Diaz de la Portilla in our Blog Post entitled: "SHAME ON YOU RENIER DIAZ DE LA PORTILLA". We followed up that story on August 9, 2022 with our post: "RENIER DIAZ DE LA PORTILLA - YOU ARE OUT OF ORDER"

QUERY:

Did judicial candidate Renier Diaz de la Portilla commit a crime?  Did his brother, City of Miami Commissioner Alex Diaz de la Portilla commit a crime?

THE FACTS:

County Court Group 5 pits incumbent Judge Fred Seraphin versus  attorney Renier Diaz de la Portilla.  In late July, a campaign mailer arrived at the homes of voters throughout Miami-Dade County. The mailer was sent by a Political Action Committee (PAC) named Proven Leadership For Miami-Dade County. That campaign mailer was an attack ad against Judge Seraphin. In the mailer, the language included Judge Seraphin’s CELL PHONE NUMBER.  The flyer stated in pertinent part:

CALL SERAPHIN AT 305-xxx-xxxx AND TELL HIM TO COME CLEAN.

Proven Leadership For Miami-Dade County is a registered PAC formed under the laws of the State of Florida, Department of State, and founded on April 18, 2018. The candidate it was formed to support is current City of Miami Commissioner Alex Diaz de la Portilla; (at the time the PAC was formed he was a candidate for District 5).

On May 31, 2022, the PAC donated $1,000 to the Renier Diaz de la Portilla Judicial Campaign.

On July 21, 2022, just a few days before the mailer was sent out, the PAC disclosed an Expenditure in the amount of $10,400 payable to the United States Postmaster.

On July 22, 2022,the PAC disclosed an Expenditure in the additional amount of $9,211 payable to the United States Postmaster.

And this is huge ....

On July 22, 2022, the PAC disclosed an Expenditure in the additional amount of $10,000 CASH as a Political Contribution to ... wait for it ...Local Leadership For Miami-Dade County, a State of Florida, Department of State, officially registered PAC. That PAC was formed on June 1, 2020, to support then Miami-Dade Commission candidate Renier Diaz de la Portilla.

As an aside, on August 1, 2022, the Department of State sent a letter to the Renier Diaz de la Portilla PAC advising them that they were investigating a violation of Florida law in that PACs are not permitted to donate nor accept CASH donations exceeding $50. They have asked the PAC for an explanation with a deadline of seven (7) days from receipt of the letter. As of today, no response has been filed by the Renier Diaz de la Portilla PAC.

THE LAW IN FLORIDA 

CHAPTER 119 - PUBLIC RECORDS

Florida Statute 119.071 (4) (d) (2) (e), General exemptions from inspection or copying of public records.—

(4) AGENCY PERSONNEL INFORMATION.—

(d)1. For purposes of this paragraph, the term:

2. (e). The home addresses, dates of birth, and telephone numbers of current or former justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former justices and judges; and the names and locations of schools and day care facilities attended by the children of current or former justices and judges are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

Florida Statute 119.10, Violation of chapter; penalties.—

(2) Any person who willfully and knowingly violates:

(a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

So, returning to our Query: Has either or both Renier and Alex Diaz de la Portilla committed a Misdemeanor of the First Degree when they willfully and knowingly were responsible for sending out a hit piece against Judge Seraphin that included Judge Seraphin’s cell phone number?

This is a Criminal Defense Blog, so let’s hear from our criminal defense attorneys.

ATTORNEY JUAN-CARLOS “JC” PLANAS .......

We also turned to local attorney JC Planas and asked him the same question. Planas has already filed Bar complaints and JQC complaints against candidates Reiner Diaz de la Portilla, Teressa Tylman (Cervera), and Mark Blumstein.  Planas has been one of the go to attorneys in Florida when it comes to elections, candidates, and campaigns. Here is what JC had to say:

“Hey Cap: 

The releasing of the number is definitely a crime.  Ironically, even though everyone seems to call this Alex’s PC, the expenditures indicate its under Renier’s control.  The Portillas are notorious for using campaign funds for private expenses.  As just one example, Renier has been pumping gas at the same station as per the reports and alternates between paying for gas from the PC and his campaign card.  Because he is using PC for these expenses, we can prove he is in control of the PC and thus he released the number. 

I will be contacting Tim Vandergiessen* on this as well."

Juan-Carlos Planas

*Tim Vandergiessen is Chief of the Public Corruption Unit at the Miami-Dade State Attorney's Office.

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

RENIER DIAZ DE LA PORTILLA - YOU ARE OUT OF ORDER .......

THE CAPTAIN REPORTS:

HAS DIAZ DE LA PORTILLA COMMITTED POLITICAL SUICIDE ?????

As previously reported on this Blog last week, in our post entitled SHAME ON YOU RENIER DIAZ DE LA PORTILLA Candidate Renier Diaz de la Portilla crossed so far over the line with the disgusting campaign literature that a PAC connected to him sent out that he may have cost himself any chance of ever becoming a judge, or, if he is elected, he likely guaranteed his removal from office. 

That is because local attorney (and former State Legislator) Juan Carlos “JC” Planas has filed complaints against Diaz de la Portilla with both The Florida Bar and the Judicial Qualifications Commission (JQC). As first reported by the Florida Bulldog, the Complaints accuse Diaz de la Portilla of using a Political Action Committee (PAC), called Proven Leadership, as a “proxy to smear” his opponent, Judge Fred Seraphin. That PAC was originally set up to support Diaz de la Portilla’s older brother, Miami Commissioner Alex Diax de la Portilla.

In the Complaint, Planas alleges that Diaz de la Portilla violated both the Florida Bar’s Rules of Professional Conduct as well as the Canons governing judicial candidates that require candidates to refrain from engaging in inappropriate political activity.

If either the Bar or the JQC find probable cause with the Complaints, the Florida Supreme Court will ultimately determine Diaz de la Portilla’s fate.

In 2018, in a period of just seven days, the Florida Supreme Court removed two sitting judges for campaign violations. Many of our readers will recall when 15th Judicial Circuit Judge Dana Marie Santino was removed from the bench for her attacks on her opponent, when she said things like this: “Attorney Gregg Lerman has made a lot of money trying to free Palm Beach County's worst criminals. Now he's running for judge!"   The JQC report stated “Candidate Santino did not merely compare her background, qualifications, character and integrity with that of her opponent,” the report said. “She imputed guilt to those that were merely accused. She also expressly stated and implied that Lerman was not impartial, was predisposed to favor criminals, while she was predisposed to victims, and courted votes based on each candidate's supposed predisposition.” ARE YOU READING THIS MR. DE LA LIAR.  SOUND FAMILIAR!!!

One week earlier, the Florida Supreme Court removed 7th Judicial Circuit Court Judge Scott DuPont for, what they called “numerous violations of judicial canons, including an allegation that DuPont published false allegations online about his 2016 election challenger, Malcolm Anthony, and Anthony’s family members.”

THE JQC Report found that DuPont “imputed criminality to his opponent’s wife and daughter on his website.”  “He disseminated false and misleading information that Anthony employed aliases, posed as an imposter, and was ‘booked’ for arrest,”.  ARE YOU READING THIS MR. DE LA LIAR.  SOUND FAMILIAR!!!

Why don’t you make it easy on yourself right now by just withdrawing from the campaign so that the most qualified candidate, Judge Fred Seraphin, wins the race, unopposed.

THE LATEST ON THE SAGA OF ATTORNEY BRUCE JACOBS ....... JACOBS CALLS FOR DISBARMENT OF 3RD DCA JUDGES 

Well, like Britney’s song says: “Oops I did it again”.

Today, the 3rd DCA issued SANCTIONS as the result of not one but four Rules To Show Cause against attorney Bruce Jacobs (there were actually seven cases but who’s counting).  Jacobs is back at it accusing the 3rd DCA of, among other things: (The Opinion can be found here).

“It is self-evident that the right to a meaningful hearing is denied when the Court refuses to recuse itself, refuses to follow the law, knowingly deprives homeowners of their property without due process, and then attempts to disbar the lawyer for exercising his first amendment right to expose corruption in the courts. This is not North Korea, Cuba, Russia or some third world country. This is a major city in the United States of America.”

This Court has entered “orders that violate the constitution as Mr. Jacobs’ African American and Jewish clients believe the court below has repeatedly done.” 

 “It is self-evident that . . . [Mr. Jacobs’] clients are not before a fair and impartial tribunal [as] guaranteed by the constitution.”

This Court has created a “shadow body of law that allows banks to commit fraud.”

This court’s issuance of a citation per curiam affirmed opinion in this case constitutes “an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice.”

“[There is a problem] when a court has actual knowledge [a party] committed felonies and fraud upon the court, [and] decides to attack the whistleblower attorney who defended against the fraud.” 

“The Judges of the Third DCA should be removed from Mr. Jacobs[’] cases and disbarred for violating the judicial canons, abusing their judicial powers, and knowingly depriving people of

their constitutional rights.”

The list goes on. And on. And on.

The Court issued Sanctions as follows:

1. We formally refer each of these matters to the Florida Bar for appropriate disciplinary proceedings against Bruce Jacobs, Esquire.

2. We award the opposing party, in each of the above proceedings, a reasonable attorney’s fee in an amount not to exceed $5000 (a total maximum amount of $35,0001) for services rendered by counsel for each opposing party in responding to Mr. Jacobs’ post-opinion motions seeking rehearing, rehearing en banc, certification and/or issuance of written opinion. We remand this cause to each of the respective trial courts to fix the amount. Bruce Jacobs, Esq. and Jacobs Legal, PLLC, shall be jointly and severally responsible for payment of the reasonable attorney’s fee.

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

SHAME ON YOU RENIER DIAZ DE LA PORTILLA .....

Update: We are going to start pounding for a Bar Complaint against Renier Diaz De La Liar 

Check twitter. It's just the first of our responses. This cockroach needs to be squashed.  He is not fit to be a lawyer.  

THE CAPTAIN REPORTS:

SHAME ON YOU RENIER DIAZ DE LA PORTILLA*** .......

We previously reported to our readers during Qualifying Week that Incumbent Judge Fred Seraphin drew a challenger in Group 5. That challenger is attorney Renier Diaz de la Portilla.

A little refresher on de la Portilla is in order:

He was elected to the Miami-Dade School Board in 1996 at the age of 25 and he served two years.

He was elected in 2000 at age 29 to the Florida House in District 115 in a special election and he served two years. He ran for re-election in 2002 and lost to JC Planas in the primary, 45-43%.

He returned to the School Board from 2006-2012 winning a couple more elections.

In 2012 he ran in House District 103 and lost to Manny Diaz Jr 55-39%.

In 2014 he ran for Circuit Court Judge against Veronica Diaz and he lost 57-43%.

In 2020, he ran for a seat on the Miami-Dade County Commission, District 5, against Eileen Higgins and he lost 53-47%.

Now, as reported on several news outlets, Team de la Portilla is responsible for a hit piece against Judge Seraphin that is vile, disgusting, dishonest, and could result in a Bar investigation.

On the same day that Absentee Ballots began arriving in mailboxes throughout Miami-Dade County, a political flyer attacking Seraphin also began arriving in mailboxes. The flyer accuses Judge Seraphin, falsely, of refusing to “release his arrest record” and of having a “criminal past”.

The flyer asks voters: “Should someone arrested for Armed Robbery be a Judge”? It goes on to state that: “No one who was arrested for a violent crime is FIT to be a Judge”. If that wasn’t shocking enough, the Flyer ends with “Call Seraphin at 305-xxx-xxxx and tell him to come clean” (The flyer actually prints Judge Seraphin’s cell phone number).

Anyone that knows Judge Fred Seraphin knows that he has been telling people for more than 20 years that the reason he went to law school, first became an Assistant Public Defender, and then applied to become a judge was because of his personal experience of being falsely arrested. Seraphin was a college student and the likely victim of racial profiling when he was arrested and falsely accused.  He was released from jail and prosecutors NEVER charged him with a crime.

When Governor Jeb Bush appointed Seraphin to the bench in 2001 Bush was well aware of the arrest.

The flyer was sent out by a PAC called Proven Leadership for Miami-Dade County. Who is behind that PAC - none other than Renier Diaz de la Portilla’s brother, Alex (a Miami Commissioner). In fact, Alex Diaz de la Portilla calmly admitted to being behind the information in the flyer.

Our readers have, in the past, called out Judge Seraphin, rightly so, for his courtroom demeanor on the bench. He once had to apologize for his refusal to let a female attorney take breaks during a trial to pump breast milk.

But, there is absolutely no excuse for a judicial candidate supporting the content of this flyer. The voters of Miami-Dade County have a clear choice, and those voters should speak loud and clear just like they did in 2012, 2014, and most recently in 2020, when they told Renier Diaz de la Portilla to go packing - we don’t need someone like you sitting on the bench in judgment of others.

*** Candidate de la Portilla’s Net Worth, according to his Financial Disclosure is NEGATIVE $91,667.

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

LACTATION ROOM GRAND OPENING .......

THE CAPTAIN REPORTS:

WELL, APPARENTLY IT'S A SLOW NEWS WEEK, SO .......

This and That:

ENQUIRING MINDS WANT TO KNOW? WHERE IS OUR LACTATING ROOM?***

According to a Press Release issued by the 11th Judicial Circuit, there is a big shin dig happening at the Dade County Courthouse on Thursday, September 8th.  Ribbon cutting, dignitaries, food and drink to be served.  The occasion is the opening of a Lactation Room at the courthouse. (We wonder whether Judge Seraphin will be a guest speaker?).

So, paraphrasing Rodney Dangerfield:  "Hey, we get no respect, at the GJB". 

***We received an updated Press Release, which states in part:

 

This project, a joint effort by the County, Miami-Dade FAWL, and the Eleventh Circuit, will be the first lactation room in the Miami-Dade Courts, to be followed in the very near future by the opening of lactation rooms at our other court facilities.

 

“We are very proud to offer this safe, comfortable space for nursing mothers. This room will be especially useful for attorneys and other court participants who often spend many hours here and could really use a quiet space for lactation,” said the Honorable Bertila Soto, Chief Judge of the Eleventh Judicial Circuit.

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

The JNC announces that due to the retirement of Judge Stanford Blake there is an opening on the Circuit Court bench.  Applications to replace Judge Blake are due on September 26, 2016.  Submit your application along with ten copies to:

Daniel Fridman
White & Case LLP
Southeast Financial Center
200 South Biscayne Blvd., Suite 4900
Miami, Florida 33131

SOMEONE WHO IS GETTING RESPECT .......

North of the Border, 33 year old, career prosecutor (8 years to be exact) ASA Jennifer Hilal has been appointed by Governor Scott to an open seat on the Broward County Court bench.  The Sun Sentinel story can be read here.

That's all for your this and that for today.

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

HANGING CHADS; GET YOUR MAGNIFYING GLASS OUT ......

THE CAPTAIN REPORTS:

A special prize to the first reader that can name the Judge above (no googling)

And your next County Court Judge, Part One, will be:

Judge Fred Seraphin or Challenger Milena Abreu

The final tally of votes with all 783 precincts reporting has Incumbent Judge Seraphin up by 689 votes.

SERAPHIN - 105,779
ABREU       - 105,090

An automatic recount of the votes cast for the County Judge, Group 5 race in the August 30, 2016 Primary Election, will be conducted, pursuant to Section 102.141(7) and 102.166, Florida Statutes. The members of the Miami-Dade County Canvassing Board will oversee the recount process commencing at 5 p.m. on Thursday, September 1, 2016, and continuing in succeeding days as needed, at the Miami-Dade County Elections Department, 2700 NW 87^th Avenue, Miami, Florida.

Miami-Dade County Canvassing Board Members:

Honorable Shelley J. Kravitz, County Judge, Chairperson
Honorable Andrew S. Hague, County Judge, Substitute Member
Christina White, Supervisor of Elections, Member


And you next County Court Judge, Part Two, replacing Judge Jacqueline Schwartz, will be one of these six names sent to Governor Scott today by our local JNC:

Ramiro C. Areces; 7 year member of The Florida Bar (TFB); small firm lawyer in Gables

Alexander Spicola Bokor; 11 year member of TFB; Miami Dade County Attorney's Office.  Handles litigation cases and has worked as legal counsel for Miami Dade Dept of Transportation, Public Works, Property Appraiser and Tax Collector; formerly with Jones Day and Kozyak Tropin

Raul Cuervo; 30 year member of TFB; with Carlton Fields; insurance defense; commercial litigator

Elijah Levitt; 12 year member of TFB; AUSA; former ASA (remember the cat killing case)

Joseph Mansfield; 13 year member of TFB; ASA

Julie Harris Nelson; 20 year member of TFB; insurance defense attorney with ROIG Lawyers; former ASA

The Governor has 60 days to name a replacement.


JAMES "JAY" HOGAN .........

 Please join us for

A Celebration of Hogan

at

The Biltmore Hotel Country Club Ballroom

Friday, September 2, 2016

Eleven a.m.

Remembrances welcome


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

JUDICIAL ELECTIONS 2016 - UPDATE

THE CAPTAIN REPORTS:

ELECTION CENTRAL 2016 ...................

COUNTY & CIRCUIT COURT RACES

A lot of movement has taken place over the past few days in both the County Court and Circuit Court judicial races.

COUNTY COURT

GROUP 5

Let's start with the "People's Court" where Incumbent Judge Fred Seraphin has finally filed his papers seeking reelection.  He already has opposition in the name of Milena Abreu as we have previously reported on this Blog.  Ms. Abreu filed back in November of 2015 and while Judge Seraphin emailed us many months ago announcing that he would be seeking reelection, it took him until February 23rd to file his paperwork.

GROUP 15

Judge Judith "Judy" Rubinstein has decided to hang up her robe after 16 years on the bench.  She began her career with the Miami-Dade Police Department and worked as their Legal Advisor for 12 years.  If you are as old some of us are, then you remember going up against her in forfeiture hearings when she represented the County Police Department.  Judge Rubenstein has spent most of her recent judicial career in the Domestic Violence Division.

Judge Rubenstein had filed papers in January announcing her intention to run for one last term; (she even deposited a cool $100k into her reelection account).  Last week she changed her mind.  As soon as Judge Rubinstein announced her intention to retire, two attorneys who had filed to run in Circuit Court jumped at the opportunity for a less crowded field and filed in her County Court Group.

Attorney Antonio G. Jimenez, who had previously filed to run in Circuit Group 34 against four other challengers, (Mark Blumstein, Renee Gordon, Denis Martinez-Scanziani, and Luis Perez-Medina) has now officially moved his candidacy to Group 15.

Attorney Raul Perez-Ceballos, who previously filed to run in Circuit Group 52, is now challenging Jimenez.  Group 52 still has three candidates remaining including: Jodie Breece, Elena Ortega-Tauler, and Oscar Rodriguez-Fonts.

There remains four contested Circuit Court contests along with David Young who is running for an open seat and remains with no opposition.  And there are now three contested County Court races.

Only one incumbent, Judge Wendell Graham, has yet for file to run for reelection in his Group 35 of the County Court.  When we spoke with Judge Graham this past October, he indicated to us that he intended to run again.  Judge Graham has been on the bench since 1994.

No doubt there will be much more strategery involved among these candidates for Judge between now and the filing deadline, which is Friday, May 6, 2016.

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

Thanksgiving Eve at the Gerstein Justice Building

THE CAPTAIN REPORTS:

YOUR NEXT COUNTY COURT JUDGE .......

Will be one of the following 23 attorneys who have submitted an application to the JNC for consideration to replace newly named Circuit Court Judge Charlie Johnson:

Michele A. Vargas
Elijah A. Levitt
Griska Mena Rodriguez
Karl S.H. Brown
Gordon C. Murray, Sr.
Alexander Spicola Bokor
Paul Aiello
Gina Beovides
Barbara T. Govea
Joseph J. Mansfield
Linda Luce
Ansley B. Peacock
Norman C. Powell
David Alschuler
Ramiro C. Areces
Carolyn G. Epstein
Julie H. Nelson
Peter S. Heller
Javier Baños Machado
Luis Perez-Medina
John W. Wylie
Jonathan Meltz
Robert A. Lesperance

The JNC can narrow the list before inviting some of the candidates for personal interviews.  They will then send between 4-6 names to Gov. Scott for his consideration.  Anyone care to weigh in on who are the favorites to wear the judicial robes?


ELECTION CENTRAL 2016 ...................

The judicial election for 2016 just got a bit more interesting.  Incumbent Judge Fred Seraphin will have opposition next year.  Attorney Milena Abreu has filed to run against Seraphin.  As of today, Judge Seraphin has not filed his papers indicating that he will run for re-election.  Assuming he does, that would create at least six contested elections, (four in Circuit Court races and two in County), for the 2016 election.

Milena Abreu has been a member of The Florida Bar for 14 years and she is currently employed at the Office of Regional Counsel.  Judge Seraphin was first appointed to the bench by Gov. Bush in 2001.  He was the first Haitian American Judge in the State of Florida.  He was an APD for ten years before becoming a Judge.  He last won election in 2010 when he ran unopposed.

FACEBOOK MURDER TRIAL UPDATE .....

UPDATED: After approximately seven hours of deliberations over the past two days, the jury returned a VERDICT of Second Degree Murder.  A PSI has been ordered and Sentencing is set for January 11th at 11:00 AM.

A long and well deserved four day weekend ahead for most in the GJB.  But jurors are still deliberating in the "Facebook" murder trial of State v. Derek Medina.  Jury deliberation began late Tuesday and continued for a couple of hours before adjourning for the evening.  Medina is charged with First Degree Murder in the shooting death of his wife, Jennifer Alonso.  The State has waived death, but 12 jurors are currently deciding on the verdict in the case.  They are also considering lessers including Second Degree Murder and Manslaughter.  During the deliberation yesterday, jurors asked to review at least two videos including a snipnet of the video of the victim and the defendant arguing near the kitchen, and the video of the interview by a detective of the ten year old daughter of Alonso.

What do our readers think the verdict will be in this case?

Happy Thanksgiving to all our loyal readers. 

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