TED MASTOS ON JACK AND MORE

 This is what this blog means to be.  What Ted Mastos wrote. It deserves its own post. We would invite him and others to write more about the Mosler trial. And we call upon CJ Sayfie to start an REGJB Hall Of Fame. It can start with a list of names on a board, prominently displayed, and then we can go from there. 

 Theodore Mastos said...

It would be hard to be any more eloquent than the folks who have already spoken. He was truly one of the remaining Gerstein gang members who witnessed Richard Gerstein and Gerald Kogan in the Mosler trial. He was a lawyer's lawyer in every sense of the word. Jack could always be found in the cafeteria with a cup of coffee and stories from the past with eager young lawyers gathering around just to hear some of the stories. As I have often stated, it is a shame that REG is such a cold and austere building with no sense of the history that has unfolded over the years. Jack belongs in the Hall of Fame of REG greats who have walked those corridors. Jack should not be forgotten. I will miss him.

JUDGE MATTE BELLE DAVIS

Judge Matte Belle Davis was the first woman to preside in the REGJB, but very little is remembered about her by our Starbucks swilling millennial readers. 

We asked former Judge Ted Mastos to write something, and this is what he remembered: 

I believe Mattie Bell Davis was a lawyer, Ruth Sutton was the woman who succeeded her husband who was a Justice of the Peace. When he died she replaced him. When the Florida Constitution did away with the Justice of the Peace system all those who had been Justices of the Peace were grandfathered in as County Court judges. That is how Ruth Sutton became a County Court Judge. She had the best Mango tree in South Florida.

Mattie Bell Davis was a champion for the County Court judiciary. She somehow had the ear of Governor Ruben Askew and worked tirelessly for improved salaries for the judges. County judges were making $32,000 back in the 70's. She was a great lady and an early pioneer for women in the law. Back in that era there were only a few woman lawyers working in the State Attorney's Office. One of them was the mother of David Markus who looked at me as some green kid from Wisconsin who needed a Jewish mother. She was my mentor in those early years.

Because he is a long time and careful Blog Reader, David S Markus* responded: 

 David S. Markus said...

Ted's mention of my mom brought a smile to my face. She was an ASA in 1973. There were only 3 women in the office at that time-mom, Barbara Schwartz (who became an AUSA for many years) and one other who I cannot recall. Janet Reno was my mother's intern.
I was in high school, but I already wanted to be a prosecutor. I thought it was the coolest job on earth. She taught me how a prosecutor could make a difference in someone's life (both victim and defendant) and how important it was to exercise that power wisely. Mom would bring the files home and I would look through them and we would discuss the cases and argue about them. Mom would talk about the lawyers she interacted with and it was interesting to meet them years later when I became a prosecutor, and to see if my view of them matched hers. She always talked about "Ted" with a big smile on her face.
I also learned how difficult it was for women in the legal profession not so long ago. Mom graduated UM law school in 1955 at the top of her class and was on law review, but could not find a job because she was a woman. She pursued other interests and returned to the law in 1973 to work in the State Attorney's Office. Life had gotten better for women in the law, but they were not treated as equals. Male lawyers would ask her why she was working at all since she had a husband. Judges and lawyers who did not know her personally assumed she was a secretary. She was once held in contempt for wearing pants to court. But mom loved the job, and she passed on that love to me. Mom was so proud that I chose to follow in her footsteps. I have been on the defense side for 39 years, but I still think of myself as a ex-prosecutor more than a defense attorney.

Well said David. Thank you for that. 

Judge Davis was born in 1910 and died in 2004. According to her Wikipedia page, she was admitted to the Bar in 1939, although at the time women could not sit on juries in Florida. She was instrumental in the formation of FAWL- the Florida Association of Women Lawyers which has an award named after her.  which, if they were smart, would name an award after her to be presented to a female member of the bench for outstanding work of some sort or another. She was president of FAWL from 1957-1958. 

Judge Davis was the first woman to sit on the Metropolitan Court of Dade County,  in which old timers like former Judges Lenny Glick and Ted Mastos actually practiced in. Judge Davis started on the bench in 1959. It is not clear how long she served.  

Prior to becoming a Judge, Matte Belle Davis was in practice with her husband Troy Davis. After he died in 1948, she became a single parent to two step-daughters. During her time in private practice she successfully argued two cases before the Florida Supreme Court.  We have researched the issue  and found those two cases: 

Abercrombie v. Eidschun, 66 So. 2d 875, 876 (Fla. 1953):
Petition for writ of certiorari be and the same is hereby granted, and the order dated the 7th day of May, 1953, denying petitioners' motion for a summary final decree be and the same is hereby quashed, with directions to proceed further in accordance within this opinion.

Spark v. Canny, 88 So. 2d 307, 311–12 (Fla. 1956):
We hold, therefore, that where a joint bank account with right of survivorship is established with funds of one person, as here, a gift of the funds remaining in the account at the death of the creator of the joint account is presumed; but such presumption is rebuttable and may be overcome by clear and convincing evidence to  the contrary. 

In 1987 Miami Dade County designated March 3 as Judge Matte Belle Davis day. 

There are a lot of female judges serving in Miami-Dade County. Two new ones were just appointed. They enjoy the shade of Oak Trees, whose acorns were planted by those who came before them. Every now and then, it is appropriate to remember who blazed the path we trod on. 

* Miami is blessed with TWO superstar attorneys named David Markus. David O runs the federal blog and can be found downtown tying federal prosecutors up in knots. He also works on top of a garage across from the courthouse. 
David S, who spent decades sharing space with the great Sy Gaer, can be found in the REGJB, walking clients out the door and leaving state prosecutors in his dust. He currently concentrates on Death Penalty cases. 

While David O has won cases in state court, and David S has kicked some federal butt from time to time, each is known primarily for his sphere of battle- State for S, Feds for O. 
What would have been nice is if, a long time ago, in a court far far away, Judge Stanley Marcus (with a C)  presided over a trial in which co-defendants were represented by Mr. Markus and Mr. Markus.