WE HAVE A NEW JUDGE ON THE 3RD DCA .....

THE CAPTAIN REPORTS:

"A MOOSE IS NOT A BEAVER"*

CONGRATULATIONS TO NEWLY APPOINTED THIRD DCA JUDGE THOMAS REBULL .....

Governor DeSantis has finally appointed Judge Thomas Rebull to replace retired Third District Court of Appeal Judge Kevin Emas.

Congratulations to Judge Rebull.

It only took 115 days, countless unanswered emails and telephone calls, and a Petition for Writ of Mandamus filed in the Florida Supreme Court by the ACLU of Florida before the Governor complied with the constitutional duty he swore to uphold.

Judge Kevin Emas retired on March 31, 2026. Earlier, on March 17, the Third DCA Judicial Nominating Commission had certified six nominees to Governor DeSantis.

Article V, Section 11(c) of the Florida Constitution could not be clearer:

"The governor shall make the appointment within sixty days after the nominations have been certified to the governor."

Sixty days came and went.

No appointment.

Your humble CAPTAIN JUSTICE then began asking a very simple question:

Why?

Blog posts were written. (They can be read here and here.)

Emails were sent.

Telephone calls were made.

Voice messages were left.

General Counsel David Axelman and Assistant General Counsel Taylor Gustafson—who oversees judicial appointments—never responded.

Not once.

With no explanation forthcoming, Captain Justice contacted the ACLU of Florida and asked that it consider filing a Petition for Writ of Mandamus to require compliance with the Florida Constitution.

The ACLU agreed.

Judge Kevin Emas agreed to serve as the petitioner.

The lawsuit was filed on June 30, 2026.

The Florida Supreme Court promptly ordered Governor DeSantis to respond within ten days, setting a deadline of Friday, July 10, at 5:00 p.m.

The handwriting was on the wall.

Earlier today, Governor DeSantis finally appointed Judge Thomas Rebull to the Third District Court of Appeal.

Then, at approximately 4:30 p.m.—just before the Supreme Court's deadline—General Counsel David Axelman and Assistant General Counsel Taylor Gustafson filed the Governor's response.

Did they acknowledge that the constitutional deadline had been missed?

Did they apologize?

Did they explain why the Governor ignored the Constitution for nearly two months beyond the deadline?

No.

Instead, they asked the Supreme Court to dismiss Judge Emas' petition as moot because the Governor had "already" made the appointment.

Problem solved.

Nothing to see here.

Move along.

What an extraordinary way to defend a missed constitutional deadline.

Congratulations again to Judge Thomas Rebull. By all accounts, he will make an outstanding appellate judge.

We also understand that Judge Rebull is presently drafting a letter to Captain Justice. We imagine it goes something like this:

Dear Captain Justice:

Thank you for your tireless service to Florida's legal community. Nobody keeps a closer eye on judicial appointments and judicial elections than Captain Justice. We especially appreciate your continuing coverage of "The Name Game."

Thank you for refusing to let this constitutional deadline disappear into the Tallahassee bureaucracy. Had you not continued asking uncomfortable questions, writing blog posts, sending emails, making telephone calls, and ultimately involving the ACLU, I might still be waiting.

As a newly appointed judge, I promise to do something my appointing authority failed to do for 115 days: faithfully follow the Constitution that I have sworn to uphold.

Sincerely,

Thomas Rebull

(Editor's Note: The preceding letter may contain slight embellishments.)

Now we turn our attention to the Governor's next four judicial appointments: two Circuit Court vacancies (Judges Marcia Caballero and Jose Rodriguez) and two County Court vacancies (Judges Yara Klukas and Jason Reding Quinones).

The constitutional deadline is July 19.

We'll see whether the Constitution matters this time.

*"A moose is not a beaver" may be the greatest opening line ever written in a Motion to Dismiss.

The quote comes from litigation filed by Buc-ee's against the owners of the Mickey Mart chain of convenience stores in Ohio. Buc-ee's claims trademark infringement because Mickey Mart's logo features... a moose. (Buc-ee is a Beaver).

Counsel for Mickey Mart responded with the immortal observation:

"A moose is not a beaver."

Sometimes, lawyers really do write the best comedy.

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

BREAKING NEWS ... JUDGE EMAS (via the ACLU of Florida) sues Governor DeSantis .....

THE CAPTAIN REPORTS:

"Apparently, in Tallahassee, constitutional deadlines are treated more like New Year's resolutions than legal obligations."

JUDGE KEVIN EMAS (by the ACLU of Florida) SUES GOVERNOR DESANTIS .....

On March 31, 2026, Judge Kevin Emas retired from the Third District Court of Appeal.

Following the announcement of his retirement back in December, Governor DeSantis requested that the Third DCA Judicial Nominating Commission begin the process of identifying his replacement.

The JNC did exactly what the Florida Constitution required it to do. It accepted applications, conducted interviews, deliberated, and on March 17, 2026, Chairman Paul Huck, Jr. transmitted the certified list of nominees to the Governor.

And with that transmission, the constitutional clock began to run.

Article V, Section 11(c) of the Florida Constitution is not complicated. It is not ambiguous. It does not contain exceptions, loopholes, or escape hatches.

It provides:

"The governor shall make the appointment within sixty days after the nominations have been certified to the governor."

"Shall" is not advisory language.

"Within sixty days" is not a suggestion.

Day 60 came and went on May 16, 2026.

The Governor did not make an appointment.

On May 20, 2026, your own CAPTAIN JUSTICE sent an email to Governor DeSantis' General Counsel, David Axelman, whose office oversees the judicial appointment process. Assistant General Counsel Taylor Gustafson, the Director of Judicial Appointments, was copied on the correspondence.

There was no response.

On May 26, 2026, Captain Justice followed up.

Still no response.

Telephone calls were placed.

Voice messages were left.

Still no response.

Throughout the month of June, additional emails and messages were sent to Mr. Axelman and Ms. Gustafson asking two simple questions:

Why has the Governor failed to appoint a replacement for Judge Emas?

And when can the citizens of Florida expect the appointment to be made?

The answer to both questions, apparently, was silence.

On May 29, 2026, Captain Justice contacted the ACLU of Florida. In prior instances involving missed constitutional deadlines for judicial appointments, the ACLU has sought relief from the Florida Supreme Court to compel compliance with the Constitution.

Nicholas Warren, an attorney with the ACLU of Florida, advised that the organization would consider pursuing such relief in this matter.

Today, June 30, 2026, the ACLU of Florida did exactly that.

The following Petition for Writ of Mandamus was filed in the Supreme Court of Florida:

KEVIN EMAS, Petitioner,

v.

RON DESANTIS, as Governor of Florida, Respondent.

The petition was filed by Nicholas Warren on behalf of Judge Emas.

A copy of the petition can be found here.

The ACLU of Florida issued a Press Release accompanying the Petition. From their Press Release:

“A deadline is a deadline,” said Nicholas Warren, senior staff attorney with the ACLU of Florida. “Governor DeSantis doesn’t just get to ignore our Constitution if he feels like it. His repeated refusal to follow such a simple law is both troubling and illegal.”

A copy of the Press Release issued by the ACLU of Florida can be found here.

Meanwhile, six highly qualified nominees continue waiting for action from the Governor's Office:

Jeffrey DeSousa
Judge Javier Enriquez
Judge Spencer Multack
Judge Joseph Perkins
Judge Thomas Rebull
Judge Robert Watson

One of these six individuals will almost certainly be named to the Third DCA in the near future.

The question is why Florida had to get here first.

It should not require intervention by CAPTAIN JUSTICE, the ACLU, and litigation in the Supreme Court of Florida to compel compliance with one of the clearest provisions in the Florida Constitution.

Governor DeSantis, General Counsel David Axelman, and Director of Judicial Appointments Taylor Gustafson have each taken an oath to support, protect, and defend that Constitution.

Citizens are expected to follow the law.

Lawyers are expected to follow the law.

Judges are expected to follow the law.

Surely the same standard applies to those charged with enforcing it.

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

SO, YOU WANT TO BE A JUDGE IN MIAMI-DADE COUNTY .......

THE CAPTAIN REPORTS:

UPDATE (NO UPDATE): 

Updating our readers on the open seat on the 3rd DCA (read below). The Governor was constitutionally required to fill that open seat by May 16 (60 days after receiving a certified list of nominees). Today is Day 66, and still no replacement. This despite emails being sent to General Counsel Axelman, AGC Gustafson (in charge of judicial appointments), and multiple phone calls and messages left for each.

FOUR NEW JUDGES (& MAYBE A FIFTH) COMING TO A COURTROOM NEAR YOU .....

We previously reported to you that there were five open seats to be filled on the bench in Miami-Dade County, including two on the Circuit Court, two on the County Court, and one on the Third District Court of Appeal.

Today, the 11th Circuit Judicial Nominating Commission (JNC) certified its list of nominees to Governor DeSantis for four of those vacancies.

The nominees to replace retiring Circuit Court Judges Jose Rodriguez and Marcia Caballero include ten sitting County Court judges and two private attorneys:

Natalie Costea
Hon. Rita Cuervo
Hon. Miesha Darrough
Christian Dunham
Hon. Alicia Garcia Priovolos
Hon. Christopher Green
Hon. Chiaka Ihekwaba
Hon. Jennifer Tautman Levin
Hon. Natalie Moore
Hon. Stephanie Silver
Hon. Eleane Sosa-Bruzon
Hon. Michelle Urbistondo

As for the two County Court vacancies, I fully expect handwritten thank-you notes from all twelve nominees, thanking Captain Justice for creating these openings in the first place. 

My loyal readers will recall that Governor DeSantis and his General Counsel’s Office somehow managed to “overlook” these vacancies for more than seven months after Judges Yara Klukas and Jason Reding Quinones submitted their resignations. Apparently, nobody in Tallahassee remembered that the Florida Constitution actually requires the appointment process to begin promptly after a judicial resignation.

Only after Captain Justice emailed General Counsel David Axelman and pointed out the obvious constitutional problem did the Governor — on the very same day as my email — finally initiate the process to replace both judges.

Amazing how that works.

The nominees for the County Court vacancies include: 

Shawn Abuhoff
Johanna Benedi
Natalie Costea
Christian Dunham
Aaron Feuer
Kimberly Hillery
Scott Janowitz
Yvette Lavelle
Gustavo Losa
Jeffrey Pierce
Patricia Salman
Alexander Shear

Governor DeSantis now has 60 days to make four judicial appointments.

THIRD DCA

Meanwhile, over at the Third District Court of Appeal, the Governor’s Office continues its troubling pattern of treating constitutional deadlines as if they were merely “suggestions.”

The Third DCA JNC certified six nominees to Governor DeSantis on March 17 to replace Judge Kevin Emas. Article V, Section 11(c) of the Florida Constitution could not be more clear:

“The governor shall make the appointment within sixty days after the nominations have been certified to the governor.”

The 60-day deadline expired on May 16. Since that fell on a Saturday, the appointment should have been announced no later than Monday, May 18.

Today is Day 64.

Still no appointment.

Captain Justice sent yet another email today to General Counsel David Axelman asking why the Governor’s Office continues to ignore the constitutional deadline.

If Mr. Axelman actually responds this time — which would itself qualify as breaking news — I will certainly update our readers.

For the record, I never received so much as a courtesy response to my prior emails or telephone calls to his office.

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

FOUR NEW JUDGES IN MIAMI-DADE ... & FIVE MORE STILL TO BE NAMED

THE CAPTAIN REPORTS:

YOUR FOUR NEWEST MIAMI-DADE COURT JUDGES ARE:

CIRCUIT COURT

Judge Elizabeth Espinosa. A former ASA, she was appointed by DeSantis to the County Court in December 2019. She won election in 2022.

Judge Jorge Perez Santiago. He was appointed by DeSantis to the County Court in May 2023. He won election in 2024.

COUNTY COURT

Michelle Roth. A former ASA, she was in private practice. She has been a member of The Florida Bar since 1995.

Andrew McGinley. A former AAG, he was serving as the General Counsel for the Department of Children & Families. He has been a member of The Florida Bar since December 2018.

All four were appointed to newly created judicial seats under SB 2508.

SO, YOU STILL WANT TO BE A JUDGE .....

There are four more open seats, including two on the Circuit Court by virtue of the retirements of Judge Jose Rodriguez and Judge Marcia Caballero, and two more open seats on the County Court. 

And yes—those County Court openings come with a backstory.

As previously reported, Judges Jason Reding Quinones and Yara Klukas resigned last summer to assume leadership roles with the U.S. Attorney’s Office in Miami. Under the Florida Constitution, that should have triggered the appointment process within 30 days.

It didn’t.

Eight months later—after a few well-placed nudges from Captain Justice to General Counsel David Axelman—the Governor’s Office finally accepted the resignations and directed the JNC to begin the process.

Better late than never… but eight months late is still eight months late.

To read our two previous posts about the fiasco, go here and here.

THE APPLICANT POOL:

CIRCUIT (10)

Judge Miesha Darraugh
Judge Eleana Sosa-Bruzon
Judge Rita Cuervo
Judge Chiaka Ihekwaba
Judge Alicia Garcia Priovolos
Judge Stephanie Silver
Judge Michelle Urbistondo
Judge Christopher Green
Judge Jennifer Trautman Levin
Judge Natalie Moore

CIRCUIT & COUNTY (7)

Annette Strauch
Natalia Costea
Christian Dunham
Alexander Shear
Aaron Feuer
Scott Janowitz
Jose Martinez

COUNTY (9)

Patricia Salman
Kimberly Hillery
Gustavo Losa
Johanna Benedi
Ivette Lavelle
Madeline D’Arce
Jeffrey Pierce
Shawn Abuhoff
Lillian Gonzalez

HAVE A VIEW? SAY IT.

If you have thoughts about any of the applicants, direct them to JNC Chair Eliot Pedrosa at epedrosa@jonesday.com.

Interviews are scheduled for May 19, 2026, after which the JNC will submit three to six nominees per vacancy to the Governor.

THIRD DCA 

Governor DeSantis is expected to name Judge Kevin Emas' replacement sometime in the next week.

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

ELECTION CENTRAL 2026 - CIRCUIT COURT .....

THE CAPTAIN REPORTS:

ELECTION CENTRAL 2026 – PART TWO

CIRCUIT COURT

Three Circuit Court judges are retiring this cycle. There are 29 incumbent judges running for re-election, and only one has drawn opposition.

GROUP 5 (Judge Angelica Zayas retiring)

Alexander Annunziato (in-house counsel, Ascendant Commercial Insurance)

Arthur McNeil (former Assistant Public Defender, Miami-Dade County)

Annunziato was suspended for 60 days by the Florida Supreme Court, effective August 1, 2019. The suspension stemmed from a May 2018 arrest for attempting to purchase $20 worth of heroin from an undercover detective. See State v. Annunziato, Case No. F18-9913 (Miami-Dade County Circuit Court).

To his credit, Annunziato stipulated to probable cause and agreed to the findings. A Consent Judgment was entered with the Florida Supreme Court. He completed Miami-Dade Drug Court, participated in the Florida Lawyers Assistance Program, underwent 45 days of residential treatment, and continues to attend 12-step meetings. He was represented by attorney Richard Baron.

The Consent Judgment can be found here:

McNeil served as an Assistant Public Defender from 2017 to 2024 and is now in private practice. We noted in our research that his current residence is in Broward County. When asked about his plans if elected, McNeil advised us that he would relocate to Miami-Dade County before taking office in January 2027.

GROUP 35 (Judge Orlando Prescott retiring)

Renee Gordon (Assistant Public Defender, Miami-Dade County)

Cristobal Padron (solo practitioner)

Gordon has been a member of The Florida Bar for 31 years. She previously ran for Circuit Court in 2018 against Vivianne del Rio, losing 53% to 47%.

Padron has been practicing law for 15 years and focuses on family law. He ran for Circuit Court in 2024 against Heloiza Correa, losing 52% to 48%—a margin of approximately 9,300 votes.

GROUP 67

Incumbent Judge Mavel Ruiz

Destiny Goede Alvarez (insurance defense)

This shapes up to be one of the more interesting races.

In 2014, Mavel Ruiz unseated incumbent Judge Fleur Lobree with 54% of the vote. (Lobree later went on to serve on the Third District Court of Appeal.) In 2020, Judge Ruiz defeated challenger Marcia Hansen with 55% of the vote.

Now, she faces Destiny Goede Alvarez, a relatively young but well-connected attorney, just over five years out of law school.

We previously wrote about Goede Alvarez in connection with her applications to the Judicial Nominating Commission (JNC) for both Circuit and County Court openings. The JNC nominated her for one of the County Court seats, and her name is currently pending before Governor DeSantis.

Goede Alvarez has been a member of The Florida Bar for just over five years—the minimum qualification for judicial appointment. She earned two degrees from the University of Florida, served as President of Florida Blue Key, and was later inducted into its Hall of Fame. She is also a member of the Federalist Society.

Her experience includes:

• Judicial intern to U.S. Magistrate Judge Amanda Arnold Sansone
• Service in the DeSantis Administration at the Florida Department of Transportation (one year)
• Associate at GrayRobinson (two years)
• Current partner at Goede, DeBoest & Cross (the Goede is John Goede)

THE "NAME GAME" © 2022

We’ve been down this road before.

Time and again, we’ve seen attorneys suddenly “discover” new last names right before applying to the Judicial Nominating Commission (JNC) or filing to run for judge. It’s a pattern. And it’s not subtle.

Most recently, we pointed out that sitting United States Attorney Jason Reding Quinones managed to find an extra surname just days before submitting his JNC application.

Now, we have a new entrant into the Name Game.

Enter Destiny Goede… then Destiny Goede Alvarez… and now, simply, Destiny Alvarez.

Let’s walk through this.

Ms. Goede married Nicholas Alvarez on May 6, 2023. Nothing unusual there. And yes—taking a spouse’s last name is perfectly appropriate.

But that’s not what this is about.

Because for the next year and a half, she didn’t take it.

In November 2024—eighteen months after the wedding—she was still “Destiny Goede” when she and her husband signed mortgage documents on a Miami-Dade property. Professionally, she continued using “Goede” at her father’s law firm through at least September 2025.

No rush. No urgency. No “Alvarez.”

Then came January 20, 2026.

The JNC announces four judicial openings—two Circuit, two County.

And suddenly… the clock starts ticking.

Two days later—two days—on January 22, “Destiny Goede” becomes “Destiny Goede Alvarez” with The Florida Bar. Application submitted. Interview secured. And by March 13, she’s on the short list sent to Governor DeSantis for a County Court seat.

Convenient timing.

But wait—it gets better.

On March 26, just thirteen days after making the Governor’s list, she goes back to The Florida Bar and changes her name again.

This time, dropping “Goede” altogether.

Now she’s simply: Destiny Alvarez.

Three names. Three iterations. All within a matter of weeks—right in the middle of the judicial selection process.

Coincidence?

You decide.

But here’s what we do know: for nearly two years after her marriage, she was perfectly content to remain “Goede.” Only when a judicial opportunity appeared did the name begin to… evolve.

Call it what you want.

We call it the Name Game.

GROUP 69 (Judge Richard Hersch retiring)

Rita Baez (Personal Injury Attorney)

Yaneth Del Carmen Baez (Assistant State Attorney)

Bonita Jones-Peabody (Private Practice, former APD)

Baez has been practicing for 30 years, focusing on personal injury law. She ran for County Court in 2024 against incumbent Christopher Green, narrowly losing 50.8% to 49.2%—a difference of 3,145 votes out of approximately 249,500 cast.

Del Carmen Baez has been an attorney for nine years. She works in the Human Trafficking Unit at the Miami-Dade State Attorney's office.

Jones-Peabody has been an attorney for 35 years. She spent 11 years, from 2013-2024, at the Miami-Dade Public Defender's Office. She is now in private practice.

THIRD DISTRICT COURT OF APPEAL

Judge Kevin Emas retired on March 31, 2026. The next judge of the Third District Court of Appeal will be appointed by Governor DeSantis from the following nominees:

Jeffrey DeSousa
Judge Javier Enriquez
Judge Spencer Multack
Judge Joseph Perkins
Judge Thomas Rebull
Judge Robert Watson

CAPTAIN OUT .......

Captain4Justice@gmail.com

JUDICIAL NEWS IN MIAMI-DADE COUNTY .....

THE CAPTAIN REPORTS: 

JUDICIAL NEWS IN MIAMI-DADE COUNTY .....

JUDGE KEVIN EMAS IS RETIRING .....

There’s lots of judicial news going on in Miami-Dade County. Let’s start with the 3rd DCA. Judge Kevin Emas has announced his retirement from the bench effective March 31, 2026. Judge Emas has led a distinguished career, beginning with his employment as an Assistant Public Defender in Bennett Brummer’s office in 1982. He went on to private practice with the law firm of Fine Jacobson, and then with Thornton Rothman & Emas. He then began a 30-year career serving on the bench. He was first appointed to the County Court in 1996 by Governor Lawton Chiles. He was elevated to the Circuit Court in 2001 by Governor Jeb Bush. Finally, he was tapped by Governor Crist to sit on the 3rd DCA in 2010. He has served on the 3rd DCA for the past 16 years and served as Chief Judge of the Third District from 2019 to 2021.

Judge Emas has held numerous leadership roles in the Florida Conference of Circuit Judges. He also served as a faculty member of the Florida Judicial College, New Appellate Judges Program, Florida’s College of Advanced Judicial Studies, and the National Judicial College. He served as an adjunct faculty member at both FIU College of Law and UM Law. He served as a member of the Judicial Qualifications Commission, Chair of the Supreme Court’s Criminal Court Steering Committee, and Chair of the Florida Criminal Procedure Rules Committee.

Thank you, Judge Emas, for your incredible dedication to the citizens of Miami-Dade County and the State of Florida. 

The 3rd DCA JNC is now accepting applications for Judge Emas' replacement, with a deadline of February 26, 2026.

11TH CIRCUIT JUDICIAL NOMINATING COMMITTEE (JNC) .....

The JNC has announced that it is now taking applications for two Circuit Court seats and two County Court seats. These four seats are new and were created by the Florida legislature with the enactment of SB 2508. The deadline to submit your application is February 20, 2026. The JNC expects to conduct interviews on March 13. The Governor is expected to name the four new judges by no later than May 14, 2026.

CIRCUIT COURT JUDICIAL ELECTIONS .....

There are 34 Circuit Court seats up for election in 2026. The six-year term begins on January 6, 2027. Qualifying Week is April 20-24, 2026. The election is scheduled for August 18, 2026.

The following is a list of judges whose terms expire on January 5, 2027. Some of these judges will be retiring. An (F) next to their name means they have filed with the Department of Elections for the upcoming election. Six incumbents have not yet filed, while three newcomers have filed to run.

CIRCUIT COURT

Michelle Alvarez Barakat (F)
Tanya Brinkley (F)
Beatrice Butchko (F)
Marcia Caballero - has not yet filed - Group 51
Carmen Cabarga (F)
Yvonne Colodny (F)
Ivonne Cuesta (F)
Jorge Cueto (F)
Abby Cynamon (F)
Michelle Delancy (F)
Dawn Denaro (F)
Reemberto Diaz (F)
Veronica Diaz (F)
Spencer Eig (F)
Carlos Gamez (F)
Stacy Glick (F)
Laura Gonzalez-Marques (F)
Carlos Guzman (F)
Christine Hernandez (F)
Richard Hersch - has not yet filed* - Group 69
Peter Lopez (F)
Denis Martinez-Scanziani (F)
Alberto Milian (F)
Cristina Miranda - will be filing soon** - Group 48
Spencer Multack (F)
Joseph Perkins (F)
Orlando Prescott - has not yet filed - Group 35
Jose Rodriguez - retired - Group 07 - 
Mavel Ruiz (F)
Migna Sanchez-Llorens (F)
Laura Stuzin (F)
Daryl Trawick (F)
Andrea Wolfson (F)
Angelica Zayas - has not yet filed - Group 05 -

*Judge Hersch is retiring.

We communicated with Judge Miranda, who indicated that she "intends to file shortly and hopes to continue serving the people of Miami-Dade County as she has for almost 29 years."

The three non-incumbent attorneys who have filed to run include:

Group 05 - Attorney Alexander Annunziato

Group 07 - Attorney Cristobal Padron

Group 69 - Attorney Rita Baez

Tomorrow, we will cover the County Court races.

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

GOVERNOR DESANTIS APPOINTS SECOND SUPREME COURT JUSTICE .....

THE CAPTAIN REPORTS:

BREAKING NEWS .......
(More Breaking News on the 3rd DCA below).

JUDGE ROBERT LUCK APPOINTED TO FLORIDA SUPREME COURT:

A few minutes ago, before a large crowd of friends and family gathered at the Scheck Hillel Community School in Aventura, Governor Ron DeSantis announced the second of three Supreme Court appointments. Last week he stood at The Freedom Tower and appointed 3^rd DCA Judge Barabar Lagoa to the court to replace Justice Fred Lewis. That seat was reserved for someone who was a resident of the state’s Third Appellate District. Today, Gov. DeSantis’ selection is for one of the two remaining "at large" seats.

Judge Robert Luck graduated from North Miami Beach High School and he still lives in the area with his wife and two children. He graduated from UF undergrad (BA, 2000) and UF Law in 2004; (Editor in Chief of the Law Review). He then clerked for Chief Judge Ed Carnes of the 11^th U.S. Circuit Court of Appeals before joining Greenberg Traurig where he worked in their appellate section. In 2008 he became an AUSA, and he was assigned to the Appeals, Major Crimes, and Economic Crimes Sections, spending five years there. In 2013, Gov. Scott appointed him to the Circuit Court. He won a full six year term in 2016 when he defeated Yolly Roberson (54% - 46%). He spent a total of four years on the Circuit Court bench presiding in the Criminal, Civil, and Appellate Divisions. In March of 2017, Scott elevated him to the 3^rd DCA. Justice Luck completes his meteoric rise in the Florida state court system with his appointment to the state’s highest court.

For anyone that has ever applied to the judiciary in the State of Florida, you know that the application asks you to describe "significant cases" you have handled in your career (as a lawyer or on the bench). In Luck's application,  he described what happened to him during a 2015 hearing concerning the prosecution of a defendant charged with Battery of a person over the age of 65:

" ... the defendant rushed up from his seat and jumped at me. He and I tumbled down the steps of the bench, and as I was laying on the floor, (he) was on top of me, punching my head. "My bailiff eventually ripped (him) off of me. I got up, dusted off my robe, fixed my chair, which had been knocked down, took my place on the bench, and dictated what had happened into the record. I then entered an order recusing myself from the case.

Despite the bleeding and bruising, I declined medical attention and refused to file a worker’s compensation claim. Hearing about the incident in Tallahassee, then-Chief Justice Jorge Labarga wrote me this note: ‘I want to commend you for the professionalism you displayed in handling what must have been a very disturbing situation. Your coolness and understanding was exemplary."

In Luck’s remarks today, he closed with a Jewish prayer and stated that he hoped that pray would guide him for the next 35 years on the bench; Luck is only 39 years old and with the constitutional amendment passing in 2018 allowing judges to serve until age 75, that would be possible.

Gov. DeSantis has one remaining appointment on the high court, and that name will come from one of the other nine JNC nominees that include:

Couriel, John Daniel,
Gerber, Jonathan D.,
Grosshans, Jamie Rutland,
Kuntz, Jeffrey T.,
Kyle, Bruce,
Muñiz, Carlos Genaro
Osterhaus, Timothy D.
Salario, Samuel J., Jr.
Singhal, Anuraag

THIRD DCA .......

Updating my post in the Comments section from last week concerning the subject, on Thursday, January 10, 2019, 3rd DCA Judge Kevin Emas was unanimously elected as Chief Judge of the 3rd, replacing Justice Barbara Lagoa, who had taken over as the Chief on January 1, 2019. Lagoa was named to the Florida Supreme Court by Gov. DeSantis on January 8th.  With the naming of Judge Luck today, the 3rd DCA now has two new open seats. We expect the JNC to announce their request for Applications shortly.  Judge Emas began his career on the bench in 1996 with his appointment by Gov. Chiles to the County Court bench. In 2001, Gov. Bush appointed Emas to the Circuit Court.  Finally, in 2010, Gov. Crist appointed Judge Emas to his current seat on the 3rd DCA.  Emas will serve as Chief Judge until June 30, 2021. Judge Ivan Fernandez becomes the Chief-Judge Elect.

(Our apologies for Rumpole for posting over his Monday morning post entitled "Gavels Up", which you can read just below this post).

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

　

IRWIN BLOCK HAS DIED

THE CAPTAIN REPORTS:

IRWIN BLOCK HAS DIED ............... Services at 3PM today.

On July 31, 1963, two gas stations attendants were murdered in Port St. Joe, Florida, a small town located in the Panhandle of the State.  Within hours, the Gulf County Sheriff's Office had arrested Freddie Lee Pitts and Wilbert Lee.  Pitts and Lee were indicted on two counts of First Degree Murder.  On August 28, 1963, Judge W.L. Fitzpatrick sentenced both men to death.

You did not read that incorrectly folks.  It took 28 days from the day the crime was committed until the date that the death sentence was ordered.

For most of the next decade, a young attorney by the name of Irwin J. Block took on the cause of Pitts and Lee, pro bono, in a case that all Criminal Law 101 law students now study.  Block, along with Former Miami-Dade Public Defender Phillip Hubbart represented Pitts and Lee before the 1st DCA, the Florida Supreme Court, and the US Supreme Court; they also represented the two defendants in their 1972 retrial, (where they were again found guilty), and didn't stop fighting for the two men until Governor Ruben Askew pardoned both men in 1975. 

The Miami Herald summed it up best by saying of Block: "He was one of South Florida's most highly sought defense attorneys, a legal legend who helped get two black men off Florida death row in a 1963 murder they didn't commit."  Block also represented Clarence Gideon for a period of time as part of his work with the ACLU.

We did not know Irwin Block personally, but 3rd DCA Judge Kevin Emas did.  We asked Judge Emas if he could provide us with some personal words.  Here they are, unedited:

Captain:  I had the privilege of working with Irwin for six years while I was at Fine Jacobson Schwartz Nash Block and England. Here are a few thoughts.  Thanks for doing this.

 

Mr. Block

Irwin Block was old school.  87 years old and still going to work.  He loved the law.  He loved being a lawyer.  He loved being a trial lawyer.  And make no mistake about it.  Irwin was not a litigator.  He was a trial lawyer.  And he was extraordinary in trial.  Even opposing counsel in a trial would sometimes find themselves becoming spectators, watching with admiration as Irwin held the witness and the jury in the palm of his hand.   

Many of you know that Irwin Block (together with Phil Hubbart) represented Freddie Pitts and Wilbert Lee, two black men charged with murder in St. Joe, Florida in 1963.  As a result of the efforts of Irwin and Phil, and those of Pulitzer-Prize winning journalist Gene Miller, Pitts and Lee were pardoned after twelve years on death row for murders they did not commit.   

Irwin Block was involved in many high-profile cases over the course of his exceptional career.  But for all his talents as a trial lawyer, Irwin was a humble man.  He never sought the limelight, and bristled at the notion that he should ever be honored for just doing his job.  But honored he was, including the American Jewish Congress’ Judge Learned Hand Award, History Miami's Legal Legend Award, and the DCBA’s David W. Dyer Professionalism Award. 

Irwin was more interested in fighting for clients than fighting for causes.  Old school indeed.  He taught me much about being a trial lawyer.  I’ll never forget his cardinal rule:  “You can’t always outsmart the other side.  But you can always out-prepare them.”  As good as he was in trial, he was even better in pretrial strategy, motions and deposition.  He won hundreds of cases that would never see the light of a courtroom because of the damage he had done in deposition and pretrial motions.  Irwin left a legacy of excellence.  Each of us who knew him, who worked for him, who worked with him, who learned from him, has a profound respect that is difficult to explain in words.  But here’s just one example: Nearly every lawyer who worked with him, even after leaving the firm and establishing their own successful practice, would continue to call him Mr. Block when they saw him.   They felt it somehow disrespectful to call him anything else.  (I must confess that my first draft referred to him only as Mr. Block.  I hope he will forgive this final version.)

I’m not just a better lawyer for having known Mr. Block.  I’m a better person for having known Mr. Block.

A celebration of his life will be held on Monday February 16th at 3 PM at Beth Israel Memorial Chapel, 1115 Jog Road, Boynton Beach, FL - See more at: http://www.legacy.com/obituaries/herald/obituary.aspx?n=irwin-j-block&pid=174159601&fhid=5131#sthash.FEeVtFpE.dpuf

A celebration of life will take place on Monday, February 16, 2015 at 3:00 PM at Beth Israel Memorial Chapel located at 1115 Jog Road, Boynton Beach.  Block was 87 years old.

His obits can be found here and here.

A celebration of his life will be held on Monday, February 16th at 3 PM at Beth Israel Memorial Chapel, located at 1115 Jog Road, Boynton Beach.

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

He was known as someone with impeccable ethics and the highest level of professionalism and spent his career fighting for civil rights. He received numerous awards during his law career, including the David Dyer Professionalism Award (2011), the Judge Learned Hand Award (1989), the Dade County Bar Association Criminal Justice Award (1990) and the Metropolitan Dade County Florida Certificate of Appreciation. - See more at: http://www.legacy.com/obituaries/herald/obituary.aspx?n=irwin-j-block&pid=174159601&fhid=5131#sthash.FEeVtFpE.dpuf

DOM DOES IT AGAIN

SATURDAY MORNING UPDATE: FLIP-FLOP-A-DOLPOLIS: First actually voted for the funding before he voted against it. Sound familiar? No, it's not some erstwhile Massachusetts Senator running for president, it's Florida's own President of the State Senate who is running for Senator in 2012. In 2009 Mike Haridopolos (R-wishy-washy) voted to accept 2.4 billion dollars in federal funds to support a high speed rail train in Florida. Now- with Governor Rick Scott against the dollars- a Scott and a Florida Tea Party outlet pressured Haridopolos to reverse his support for the rail network, as per the Herald this morning.

And guess what? Haridopolos wants to go to Washington as our Senator much more than he wants to put Floridians to work, help reduce traffic and move Florida into the 20th century to join Japan and France, who have had high speed railroads since the 1980s.

No word on whether Flipodopolos will be supporting the use of horse and buggies for Floridians as gas prices approach $4.00 a gallon. Just as long as we can afford to fly him to DC.

Longtime and careful perusers of these electronic pages know that Rumpole's Fourth Rule of Trials ( (c)2011 Rumpole, all rights reserved) is

4)AVOID FRIDAY VERDICTS AT ALL COSTS!!!

Longtime and careful readers of the blog will remember that the last time our hero went to Tampa to defend Buju Banton, David Markus endured a tense Friday only to have deliberations halted for the weekend and resume on Monday, wherein the jury eventually announced they were hung.

Well David has done it again. He closed Thursday, endured an entire day of deliberations on Friday, only to have the jury call it quits for the weekend. This being a three day weekend, we think-but we're not sure- that jury deliberations will not resume until Tuesday.

Clearly, whatever David is doing is working, and we wish him the best. Having avoided the dreaded Friday verdict, it can only get better from here. We hope.

THE EMAS INVESTITURE.

Getting past all the "don't forget to turn out the lights"* comments to David Rothman, the investiture of Judge Kevin Emas at the 3rd DCA was a great one, as our Captain reports:

The Captain Reports:

Emas Investiture ......

The first three loaded the bases. Thornton. Rothman. And Moreno, were all spectacular. Then, of course, Emas knocked it out of the ball park. Funny, witty, compassionate, respectful, and honorable all rolled into one great speech.

Truly a memorable and amazing event for those that were present. Great to see the circle completed with Goderich swearing Emas in.

Cap Out ....

*Moreno, Rothman and Thornton were all in practice together at one time.

PROSECUTION MOVES TO RECUSE JUDGE ROSA RODRIGUEZ

The trial of Miami Commissioner Michelle Spence Jones is set for Tuesday. The Dade SAO's public corruption unit (Motto: "eventually we nolle prosse everything") has moved Judge Rosa Rodriguez to remove herself from the case over the charges that were filed against her (and dropped) over the funding of here election campaign in 1998.

The Herald article is here.

THREE DAY WEEKEND! GET OUT AND ENJOY IT AND WE'LL SEE YOU TUESDAY or at the Coconut Grove Arts Festival.