D.C District Court Judge Reggie B. Walton sentenced former Vice Presidential aide Scooter Libby to 30 months in prison today.
Libby was convicted of lying to FBI agents who were investigating who leaked CIA Operaive Valerie Wilson's name to the press.
Libby was not taken into custody, and while the Judge said he could not think of a reason why Libby should remain free on an appellate bond, he agreed to review memoranda on the issue before setting a surrender date.
Here are some excerpts of what the lawyers said:
“He has fallen from public grace,” Mr. Wells said, his voice dropping to a hush. “It is a tragic fall, a tragic fall.”
But the prosecutor, Patrick J. Fitzgerald, argued that the defendant had shown “absolutely no contrition,” and that the court needed to send a message that lying in a criminal investigation can never be excused.
“Truth matters,” Mr. Fitzgerald said. “The whole system depends on that.”
Mr. Libby’s conduct was inexcusable, the prosecutor said, because as a lawyer he is “educated and experienced in these matters.”
Nor was the defendant’s lying a spur-of-the-moment decision, Mr. Fitzgerald went on. Rather, he said, Mr. Libby lied repeatedly over a period of weeks, rejecting numerous opportunities to change his account and avoid charges.
As for Mr. Libby’s long record of public service, Mr. Fitzgerald said, “We cannot create a special category of people” who are treated leniently just because they are in government
Rumpole says, we are clearly stepping on the toes of everyone's favourite federal blogger, but sometimes there is just nothing else to write about.
We sent some emails to the powers that be regarding the circumstances about Judge Klein's mysterious and rapid retirement from bond hearing duties. Obviously these Judges are way to busy to respond to our humble inquiries.
See You In Court.
Tuesday, June 05, 2007
Monday, June 04, 2007
MONDAY NIGHT COURT APPOINTMENTS
BREAKING BLOG AND REGJB NEWS: JUDGE FAST GERRY KLEIN, BELIEVED TO BE THE LONGEST SERVING ACTIVE JUDGE IN THE STATE OF FLORIDA HAS "RETIRED" FROM DOING BOND HEARINGS.
WHAT'S THE REAL STORY?
COURT APPOINTMENT MEETING.
MONDAY NIGHT.
TONIGHT.
AT TOBACCO ROAD 5 PM.
Come complain and commiserate and conspire, combine, and confederate with other lawyers about how we can get our gravy train back.
We would humbly suggest the event turn into a Blog party.
But then again, who are we to suggest anything?
While we're all together how about a little lobbying to get the close/close rule changed again; to get the Robert's court to read the Fourth Amendment; and to have the 3rd DCA stop worrying about where the law leads them?
See You In Court, still not taking appointments.
WHAT'S THE REAL STORY?
COURT APPOINTMENT MEETING.
MONDAY NIGHT.
TONIGHT.
AT TOBACCO ROAD 5 PM.
Come complain and commiserate and conspire, combine, and confederate with other lawyers about how we can get our gravy train back.
We would humbly suggest the event turn into a Blog party.
But then again, who are we to suggest anything?
While we're all together how about a little lobbying to get the close/close rule changed again; to get the Robert's court to read the Fourth Amendment; and to have the 3rd DCA stop worrying about where the law leads them?
See You In Court, still not taking appointments.
Sunday, June 03, 2007
JQC ROCK III
The Further Adventures of JQC Rock, JI.
Chapter Three: Shuminer takes a Powder.
Sometimes in my job you get used to the pain and violence. Take for instance that bell ringing in my head. It doesn’t help when a perp smacks you over the head with a two by four- or in my case, drinking too much Tequilla with that new JA (judicial assistant) at Tobacco Road. In either event, I woke up alone, and the bell was the phone. It was Sunday around noon and the Kid was on the other line.
“Kid, I told ya not to call me before noon.”
“It’s 3pm, Rock.”
“Ouch. OK, whattya got?”
“Maybe a break in the Hanzman case.”
I sat up in bed. Perhaps a little too quickly, as the room began to spin. So I slouched down, put the phone by my ear, and waited for the news.
“We lost a suspect. Shuminer dropped out of the race.” The Kid started yaking faster than my ears could keep up. Something about TV and Spain and Unicorn visions.
My head was swimming. I hadn’t expected this. In my line of work you try and expect the unexpected, but sometimes events pass you by.
“Kid, slow down willya. Come by my place. And bring coffee. Wait…bring two coffees for me, black, sugar, and whatever you want. And bring the Herald.”
I showered and looked at some dry toast, but my stomach couldn’t take it. I was sore. That JA had a few years and some new moves on me. But it was a good sore, if you know what I mean.
The Kid showed up with the Herald. And like a puppy wanting to go out, he sat there barely able to keep quiet while I sipped the coffee and read the article.
I was done and the Kid couldn’t take it any longer. He launched into a stream of consciousness about losing a suspect and having to start all over on the case.
I help up my hand for him to be quiet. For show, I shaked a few Excedrin out of a bottle and crunched them between my teeth, before swilling the whole thing down with the last of my second coffee.
“I don’t buy it Kid. I don’t buy it for one moment. Hanzman goes down and Shuminer takes a flyer on TV? It don’t ring true.”
“What are we going to do Rock.”
For once I was stymied. In this business you learn that there are twists and turns before you solve the case.
“This Shuminer thing is like Mastos all over again. Everyone thought Mastos did himself in, but I found the guy who stuck the knife in.”
The Kid nodded. “We studied that case in school. You were the only one who figured out Mastos didn’t do himself in.”
“Right. And I don’t like this Shuminer gal taking a powder on her own.”
“You mean she was forced out?”
“Could be kid. Only time will tell.”
“So what do we do now?”
“Wait. Time is our friend. Our true enemy has yet to reveal himself.”
“Godfather three, right Rock?”
“Something like that Kid. We wait until the Governor makes his pick, then we do a little more snooping around the edges, shake a few snitches down, and with a few breaks we can catch the guy who did this to Hanzman.”
“Guy?” the kid said.
“Guy or gal Kid. Either way, I’ll get em. “
Chapter Three: Shuminer takes a Powder.
Sometimes in my job you get used to the pain and violence. Take for instance that bell ringing in my head. It doesn’t help when a perp smacks you over the head with a two by four- or in my case, drinking too much Tequilla with that new JA (judicial assistant) at Tobacco Road. In either event, I woke up alone, and the bell was the phone. It was Sunday around noon and the Kid was on the other line.
“Kid, I told ya not to call me before noon.”
“It’s 3pm, Rock.”
“Ouch. OK, whattya got?”
“Maybe a break in the Hanzman case.”
I sat up in bed. Perhaps a little too quickly, as the room began to spin. So I slouched down, put the phone by my ear, and waited for the news.
“We lost a suspect. Shuminer dropped out of the race.” The Kid started yaking faster than my ears could keep up. Something about TV and Spain and Unicorn visions.
My head was swimming. I hadn’t expected this. In my line of work you try and expect the unexpected, but sometimes events pass you by.
“Kid, slow down willya. Come by my place. And bring coffee. Wait…bring two coffees for me, black, sugar, and whatever you want. And bring the Herald.”
I showered and looked at some dry toast, but my stomach couldn’t take it. I was sore. That JA had a few years and some new moves on me. But it was a good sore, if you know what I mean.
The Kid showed up with the Herald. And like a puppy wanting to go out, he sat there barely able to keep quiet while I sipped the coffee and read the article.
I was done and the Kid couldn’t take it any longer. He launched into a stream of consciousness about losing a suspect and having to start all over on the case.
I help up my hand for him to be quiet. For show, I shaked a few Excedrin out of a bottle and crunched them between my teeth, before swilling the whole thing down with the last of my second coffee.
“I don’t buy it Kid. I don’t buy it for one moment. Hanzman goes down and Shuminer takes a flyer on TV? It don’t ring true.”
“What are we going to do Rock.”
For once I was stymied. In this business you learn that there are twists and turns before you solve the case.
“This Shuminer thing is like Mastos all over again. Everyone thought Mastos did himself in, but I found the guy who stuck the knife in.”
The Kid nodded. “We studied that case in school. You were the only one who figured out Mastos didn’t do himself in.”
“Right. And I don’t like this Shuminer gal taking a powder on her own.”
“You mean she was forced out?”
“Could be kid. Only time will tell.”
“So what do we do now?”
“Wait. Time is our friend. Our true enemy has yet to reveal himself.”
“Godfather three, right Rock?”
“Something like that Kid. We wait until the Governor makes his pick, then we do a little more snooping around the edges, shake a few snitches down, and with a few breaks we can catch the guy who did this to Hanzman.”
“Guy?” the kid said.
“Guy or gal Kid. Either way, I’ll get em. “
Saturday, June 02, 2007
COP KILLS PARTNER
Before we start with our post, this strange sentencing caught our eye.
BEATLES SENTENCING ORDER
Let It Be? Hardly.
COP KILLS K-9 PARTNER:
Sergeant Allen Cockfield of the Metro Dade Police Department has been arrested and charged with killing his partner, Duke, a four year old German Shepherd K-9. Cockfield allegedly kicked Duke during a training exercise. The incident was witnessed by several other officers. Duke collapsed and was taken to an animal clinic where he was pronounced dead.
The investigation into the case included hot shot Dade Medical Examiner Dr. Emma Lew who opined that the well placed kick interrupted the rhythm of the heart and killed the K-9 dog.
The Miami Herald reported the arrest here:
K-9 KILLED
It is a third degree felony to kill a police dog.
Rumpole says, police dogs. like police officers, train hard and sometimes are asked to risk their lives for our safety. We support a vigorous prosecution of this officer. If found guilty, he should be punished. We have no tolerance for those who abuse animals or children in our society. No one who has the kind of temperament that this officer is alleged to have, should be entrusted with the job of police officer, much less a supervisor.
And in other news, our State Attorney took a break from vacation to return to Miami to hold a press conference to announce that parents should lock up their guns now that children are home from school.
Rumpole says, we support gun safety. Indeed, we support any measure that would make guns less accessible to the public. However, we would like to suggest to our State Attorney that when on break from vacation, she try a few less press conferences, and a little more court appearances. We would like see our elected State Attorney, just once, in court, letting her prosecutors know she is in their corner and on their side.
Memo to the State Attorney: When you walk outside of your office building, directly across the street are two large buildings, connected by a bridge. The building to your left is the courthouse. The building to the right is the jail. We recommend that prosecutors try their best and avoid the Dade County Jail. You will need ID, and should not attempt to bring any weapons with you. (insiders tip: use the back entrance, which is right in front of you, between 8-11 AM., and you can enter in the lawyers line- (you have kept up to date with CLE, right? It doesn't hurt to ask.) )
Anyway, bring your bar card and driver's license. Once inside the building, just wander around. We do. It's fun. When you're finished, go out the way you came in, but don't forget to stop off in Au Bon Pain. The chocolate chip cookies are great.
What say you, young ASA's? Would you like to see the boss in court every now and then? Give us your comments.
See You, and maybe the State Attorney, in Court.
BEATLES SENTENCING ORDER
Let It Be? Hardly.
COP KILLS K-9 PARTNER:
Sergeant Allen Cockfield of the Metro Dade Police Department has been arrested and charged with killing his partner, Duke, a four year old German Shepherd K-9. Cockfield allegedly kicked Duke during a training exercise. The incident was witnessed by several other officers. Duke collapsed and was taken to an animal clinic where he was pronounced dead.
The investigation into the case included hot shot Dade Medical Examiner Dr. Emma Lew who opined that the well placed kick interrupted the rhythm of the heart and killed the K-9 dog.
The Miami Herald reported the arrest here:
K-9 KILLED
It is a third degree felony to kill a police dog.
Rumpole says, police dogs. like police officers, train hard and sometimes are asked to risk their lives for our safety. We support a vigorous prosecution of this officer. If found guilty, he should be punished. We have no tolerance for those who abuse animals or children in our society. No one who has the kind of temperament that this officer is alleged to have, should be entrusted with the job of police officer, much less a supervisor.
And in other news, our State Attorney took a break from vacation to return to Miami to hold a press conference to announce that parents should lock up their guns now that children are home from school.
Rumpole says, we support gun safety. Indeed, we support any measure that would make guns less accessible to the public. However, we would like to suggest to our State Attorney that when on break from vacation, she try a few less press conferences, and a little more court appearances. We would like see our elected State Attorney, just once, in court, letting her prosecutors know she is in their corner and on their side.
Memo to the State Attorney: When you walk outside of your office building, directly across the street are two large buildings, connected by a bridge. The building to your left is the courthouse. The building to the right is the jail. We recommend that prosecutors try their best and avoid the Dade County Jail. You will need ID, and should not attempt to bring any weapons with you. (insiders tip: use the back entrance, which is right in front of you, between 8-11 AM., and you can enter in the lawyers line- (you have kept up to date with CLE, right? It doesn't hurt to ask.) )
Anyway, bring your bar card and driver's license. Once inside the building, just wander around. We do. It's fun. When you're finished, go out the way you came in, but don't forget to stop off in Au Bon Pain. The chocolate chip cookies are great.
What say you, young ASA's? Would you like to see the boss in court every now and then? Give us your comments.
See You, and maybe the State Attorney, in Court.
Thursday, May 31, 2007
TV JUDGES
With confirmation that Judge Shuminer has accepted a job with Univision, there are, by our count, four former Miami Dade Judges with television shows on the air or about to begin.
Lets contrast the accomplishments of our Judges with what has been going on North of the Border.
Recently, we have seen these changes in the Broward Judiciary:
1) The Chief Judge Resigned.
2) Three Administrative Judges resigned, one (Judge Greene) because he called African American participants in a case “not human”.
3) One Judge arrested, while his colleague gained national attention while weeping over the Anna Nicole Smith fiasco.
4) One Judge chastised some litigants for not being fluent in the King’s English, while another Judge tried to call Immigration on people who appeared before him who were not US Citizens,
see our post of March 17, 2006, Broward 2021
BROWARD 2021
while his Hispanic colleague accepted a paid suspension for his not too secret email criticizing his colleague.
It’s a Circus up there!!!
Meanwhile Miami Traffic Magistrates are busy hiring Hollywood agents.
See You In Court.
Lets contrast the accomplishments of our Judges with what has been going on North of the Border.
Recently, we have seen these changes in the Broward Judiciary:
1) The Chief Judge Resigned.
2) Three Administrative Judges resigned, one (Judge Greene) because he called African American participants in a case “not human”.
3) One Judge arrested, while his colleague gained national attention while weeping over the Anna Nicole Smith fiasco.
4) One Judge chastised some litigants for not being fluent in the King’s English, while another Judge tried to call Immigration on people who appeared before him who were not US Citizens,
see our post of March 17, 2006, Broward 2021
BROWARD 2021
while his Hispanic colleague accepted a paid suspension for his not too secret email criticizing his colleague.
It’s a Circus up there!!!
Meanwhile Miami Traffic Magistrates are busy hiring Hollywood agents.
See You In Court.
AFFIRMED ON APPEAL
The 3rd DCA issued an opinion recently that we find troubling.
You can find the full opinion on the 3rd DCA’s website. Click on "recent opinions and then on the opinions for May 30, 2007. It is Major v. State.
3RD DCA
We reprint a portion of the opinion and invite commentary. We will provide our own view of the matter at a later date. However, to summarize, in a murder trial, the prosecutor prevailed on the ME to change his testimony right before he took the stand. The change was a significant blow to the Defendant’s theory of the case. The 3rd DCA affirmed because the defense attorney did not object.
We view the decision as “result oriented”. The simple fact is that if the 3rd DCA believes the issue deprived the defendant of a fair trial, they should have overlooked the fact that it was a murder case and reversed the case and remanded it for a new trial:
Here is the selected portion of the decision:
Prior to the defendant’s trial, the medical examiner, Dr. Shuman, stated that that he could not conclude whether the bullet fragment removed from Roberts’ brain, which he identified as the fatal bullet, came from a handgun or a shotgun....
However, at trial, Dr. Shuman testified that he was certain that the fatal bullet was fired from a handgun. Dr. Shuman also testified that he changed his opinion the morning of trial when the prosecutor met with him, provided him an additional photograph of the headrest in Roberts’ car, and told him that a witness would testify that a shotgun was fired from the third floor...
The record reflects that, after the prosecutor became aware of Dr. Shuman’s changed opinion, she failed to immediately disclose the inconsistent testimony to the defense. Although Dr. Shuman’s expected testimony was critical evidence in the State’s case, the prosecutor inexplicably failed to mention that Dr. Shuman would now testify that the fatal bullet was fired from a handgun...
In this case, it is undisputed that defense counsel was surprised by and unprepared for Dr. Shuman’s changed opinion. It is also undisputed that, upon learning of Dr. Shuman’s changed opinion during his direct examination defense counsel did not object to the existence of a possible discovery violation or request a Richardson hearing. Instead, defense counsel cross-examined Dr. Shuman and attempted to impeach him using a medical report that apparently reflected his inconsistent testimony...
Where a defendant fails to timely object to a discovery violation or to request a Richardson hearing, the defendant does not preserve the point for appellate review...
Instead, we find that we cannot reach the issue of whether a discovery violation occurred because this was not preserved for appellate review...
However, the defendant may seek post-conviction relief under Florida Rule of Criminal Procedure 3.850 for ineffective assistance of counsel... A better case for ineffective assistance of counsel is difficult to imagine as the changed testimony here crippled the defense’s theory of the case and would have caused a criminal defense attorney with any modicum of effectiveness to object to this new evidence and demand a Richardson hearing. Undoubtedly, the defendant’s proper course of action is to pursue a claim that his attorney was ineffective for not preserving the purported discovery error for appellate review.
Rumpole says, a careful review of former 3rd DCA opinions will yield a little case written by former Chief Judge Schwartz in which, confronted with a clear case of ineffective assistance of counsel on direct appeal, reversed the conviction in which, and we are quoting from memory here, he writes that the court prefers to save time and do now what clearly would be done later. A special bonus to anyone who finds the cite and posts it.
See You in Court, objecting to everything, which apparently the 3rd DCA wants trial lawyers to do, lest we miss an issue for appeal.
Special thanks to our favourite Herald scribe who tipped us off to this decision. Apparently she reads more case law than we do.
You can find the full opinion on the 3rd DCA’s website. Click on "recent opinions and then on the opinions for May 30, 2007. It is Major v. State.
3RD DCA
We reprint a portion of the opinion and invite commentary. We will provide our own view of the matter at a later date. However, to summarize, in a murder trial, the prosecutor prevailed on the ME to change his testimony right before he took the stand. The change was a significant blow to the Defendant’s theory of the case. The 3rd DCA affirmed because the defense attorney did not object.
We view the decision as “result oriented”. The simple fact is that if the 3rd DCA believes the issue deprived the defendant of a fair trial, they should have overlooked the fact that it was a murder case and reversed the case and remanded it for a new trial:
Here is the selected portion of the decision:
Prior to the defendant’s trial, the medical examiner, Dr. Shuman, stated that that he could not conclude whether the bullet fragment removed from Roberts’ brain, which he identified as the fatal bullet, came from a handgun or a shotgun....
However, at trial, Dr. Shuman testified that he was certain that the fatal bullet was fired from a handgun. Dr. Shuman also testified that he changed his opinion the morning of trial when the prosecutor met with him, provided him an additional photograph of the headrest in Roberts’ car, and told him that a witness would testify that a shotgun was fired from the third floor...
The record reflects that, after the prosecutor became aware of Dr. Shuman’s changed opinion, she failed to immediately disclose the inconsistent testimony to the defense. Although Dr. Shuman’s expected testimony was critical evidence in the State’s case, the prosecutor inexplicably failed to mention that Dr. Shuman would now testify that the fatal bullet was fired from a handgun...
In this case, it is undisputed that defense counsel was surprised by and unprepared for Dr. Shuman’s changed opinion. It is also undisputed that, upon learning of Dr. Shuman’s changed opinion during his direct examination defense counsel did not object to the existence of a possible discovery violation or request a Richardson hearing. Instead, defense counsel cross-examined Dr. Shuman and attempted to impeach him using a medical report that apparently reflected his inconsistent testimony...
Where a defendant fails to timely object to a discovery violation or to request a Richardson hearing, the defendant does not preserve the point for appellate review...
Instead, we find that we cannot reach the issue of whether a discovery violation occurred because this was not preserved for appellate review...
However, the defendant may seek post-conviction relief under Florida Rule of Criminal Procedure 3.850 for ineffective assistance of counsel... A better case for ineffective assistance of counsel is difficult to imagine as the changed testimony here crippled the defense’s theory of the case and would have caused a criminal defense attorney with any modicum of effectiveness to object to this new evidence and demand a Richardson hearing. Undoubtedly, the defendant’s proper course of action is to pursue a claim that his attorney was ineffective for not preserving the purported discovery error for appellate review.
Rumpole says, a careful review of former 3rd DCA opinions will yield a little case written by former Chief Judge Schwartz in which, confronted with a clear case of ineffective assistance of counsel on direct appeal, reversed the conviction in which, and we are quoting from memory here, he writes that the court prefers to save time and do now what clearly would be done later. A special bonus to anyone who finds the cite and posts it.
See You in Court, objecting to everything, which apparently the 3rd DCA wants trial lawyers to do, lest we miss an issue for appeal.
Special thanks to our favourite Herald scribe who tipped us off to this decision. Apparently she reads more case law than we do.
Wednesday, May 30, 2007
JQC ROCK
BREAKING BLOG NEWS: MORE BROWARD JUDGES RESIGN ADMINISTRATIVE POSITIONS!!!!!:
The Broward Blog is reporting that both the Chief Administrative Judges for the civil and criminal divisions (Judges Cowart and Spechler, respectively) have resigned. If this keeps ur their going to have to start pressing traffic magistrates into service to handle calendars.
It just confirms our deepest suspicions that even the Broward Judges don't like going to court in Broward.
THE CONTINUING ADVENTURES OF JQC ROCK, JI-JUDICIAL INVESTIGATOR.
THE CASE OF THE SAD CHIEF
We were just sitting around the office, staring at some files. Old cold Chinese food containers sat on desks, with chopsticks forlornly sticking out. Maybe someone had a bottle of Jack that found its way into my glass of Coke. Anyway, the phone rang, and I picked it up.
I should have learned my lesson by now.
There was a JI on the other end from Broward. He needed some help.
I hung up the phone and leaned back in my chair and rubbed my eyes. My head had started to throb. My new partner, the Kid, was still pouring over the Hanzman case, looking for a break. We had brought all the candidates for the 3rd DCA seat in, but they lawyered up. Said nothing. You get used to that in my business, where most suspects are Judges or lawyers.
The Kid got up and walked over. “Something new Rock?”
“Yeah, Kid, you could say that.”
“What’s up.”
“Broward caught a big one. They need our help. Turn on Channel 7, the story will be up in a few moments.”
The Kid flipped on the TV and there was a reporter I knew. I had more than a passing acquaintance with certain soft parts of her anatomy. But that was a long time ago it seemed. Or maybe last week. But this was business. The story came on, and there was our new case: A big picture of Chief Judge Dale Ross. Except he wasn’t the chief no more. Someone had seen to that.
We have a saying here in the JI office- “When your job ends, our job begins.”
The Kid looked at me in astonishment. I nodded my head.
“Yup, Kid. Someone took out Ross, and Broward JI called. They need our help. Lets roll.”
We got to Broward and met up with the JI heading up the Ross case. He had a copy of the Sun Sentinel. It wasn’t pretty. The Kid made a face.
“Hang in there Kid” I growled.
The Broward JI laughed. “Whatssmatta Kid, ain’t you never seen a Judge go down before?”
“Its so messy. I never thought Judicial politics could be that bloody.”
The Broward JI and I laughed. “After the first hundred bodies, it gets easier Kid, hang in there.”
We talked for a few minutes, and I went over the notes the Broward boys had collected. They had their theory of the case, but I didn’t like it. No, I didn’t like it one bit.
There were several Judges who were candidates to replace Ross sitting in the other room.
“They talked?” the Kid asked in astonishment.
The Broward JI nodded. “Yeah. It’s different up here. None of that Miranda crap flies in court, so you can hardly expect a Judge to invoke it when they need it.”
“They all got alibis?” I asked.
“Yup.” The Broward guy said. “But someone will crack. Someone planted those stories in the Sun Sentinel and on TV. I’ll catch the bastard.”
I reviewed the case file in silence for 20 minutes. The Broward guys were barking up the wrong tree. I was sure I was right. I walked back to the bullpen area where a few JIs were sitting around.
“All the Judges alibis check out, right?”
“Yeah” said one JI sadly. “We got nothing.”
“ I wouldn’t say that. You got the guy. He’s right under your nose.” I made a gesture to a picture hanging on the wall.
The JIs looked at me like I was crazy. Even the Kid seemed to think I’d flipped out.
“You can’t be serious Rock.”
“Shut up and listen kid, I’ll learn ya somthin.”
The Broward JIs all gathered around.
“You ever see a stiff off himself by cutting his wrists? What ya see is a bunch of attempts first. They make small cuts to see how it hurts before making a big one. Same thing with Ross. Nobody did this to him; he took himself out. The pattern fits. He starts making strange rulings from the bench. He knows he’s got some problem Judges like Seidlin and Korda and Greene and he does nothing about it.
He wanted to go. He took himself out. I seen it a hundred times.
The Hastings Federal Case in the 80’s; The Courtbroom guys in the 90’s, hell I worked the Huttoe case in the 70’s. They all did it to themselves. Ross is no different. He’s human. He got bored, frustrated. Didn’t want to just quit. That was against his nature. So he took himself out and made it look dirty. He called the Sun Sentinel. He was the source on those Channel 7 stories. He needed a break. He needed a way out. Go drag in those reporters, and you’ll see. I’m right. Come on Kid, we still got the Hanzman case to solve.”
We walked out past a dozen stunned Broward JIs.
The Kid and I drove home in silence. It was well past midnight. When you work my job, you get used to the long hours.
I dropped him off at his apartment. It was one of those new ones on Brickell. He didn’t have a few ex-wives to support, but that would come with time. So would the experience to do this job without getting rattled. But today was a tough one for him.
I stopped the car. He opened the door and muttered something and walked off into the hot Miami night.
A few days later we got a call from Broward. One of the reporters cracked under questioning and admitted Ross was his source for a story. After that it all fell into place. Yeah, Ross took himself out. I could solve Broward’s mess, but I still had a monster stalking 3rd DCA candidates in my own backyard, and I didn’t feel one inch closer to solving that case.
The Broward Blog is reporting that both the Chief Administrative Judges for the civil and criminal divisions (Judges Cowart and Spechler, respectively) have resigned. If this keeps ur their going to have to start pressing traffic magistrates into service to handle calendars.
It just confirms our deepest suspicions that even the Broward Judges don't like going to court in Broward.
THE CONTINUING ADVENTURES OF JQC ROCK, JI-JUDICIAL INVESTIGATOR.
THE CASE OF THE SAD CHIEF
We were just sitting around the office, staring at some files. Old cold Chinese food containers sat on desks, with chopsticks forlornly sticking out. Maybe someone had a bottle of Jack that found its way into my glass of Coke. Anyway, the phone rang, and I picked it up.
I should have learned my lesson by now.
There was a JI on the other end from Broward. He needed some help.
I hung up the phone and leaned back in my chair and rubbed my eyes. My head had started to throb. My new partner, the Kid, was still pouring over the Hanzman case, looking for a break. We had brought all the candidates for the 3rd DCA seat in, but they lawyered up. Said nothing. You get used to that in my business, where most suspects are Judges or lawyers.
The Kid got up and walked over. “Something new Rock?”
“Yeah, Kid, you could say that.”
“What’s up.”
“Broward caught a big one. They need our help. Turn on Channel 7, the story will be up in a few moments.”
The Kid flipped on the TV and there was a reporter I knew. I had more than a passing acquaintance with certain soft parts of her anatomy. But that was a long time ago it seemed. Or maybe last week. But this was business. The story came on, and there was our new case: A big picture of Chief Judge Dale Ross. Except he wasn’t the chief no more. Someone had seen to that.
We have a saying here in the JI office- “When your job ends, our job begins.”
The Kid looked at me in astonishment. I nodded my head.
“Yup, Kid. Someone took out Ross, and Broward JI called. They need our help. Lets roll.”
We got to Broward and met up with the JI heading up the Ross case. He had a copy of the Sun Sentinel. It wasn’t pretty. The Kid made a face.
“Hang in there Kid” I growled.
The Broward JI laughed. “Whatssmatta Kid, ain’t you never seen a Judge go down before?”
“Its so messy. I never thought Judicial politics could be that bloody.”
The Broward JI and I laughed. “After the first hundred bodies, it gets easier Kid, hang in there.”
We talked for a few minutes, and I went over the notes the Broward boys had collected. They had their theory of the case, but I didn’t like it. No, I didn’t like it one bit.
There were several Judges who were candidates to replace Ross sitting in the other room.
“They talked?” the Kid asked in astonishment.
The Broward JI nodded. “Yeah. It’s different up here. None of that Miranda crap flies in court, so you can hardly expect a Judge to invoke it when they need it.”
“They all got alibis?” I asked.
“Yup.” The Broward guy said. “But someone will crack. Someone planted those stories in the Sun Sentinel and on TV. I’ll catch the bastard.”
I reviewed the case file in silence for 20 minutes. The Broward guys were barking up the wrong tree. I was sure I was right. I walked back to the bullpen area where a few JIs were sitting around.
“All the Judges alibis check out, right?”
“Yeah” said one JI sadly. “We got nothing.”
“ I wouldn’t say that. You got the guy. He’s right under your nose.” I made a gesture to a picture hanging on the wall.
The JIs looked at me like I was crazy. Even the Kid seemed to think I’d flipped out.
“You can’t be serious Rock.”
“Shut up and listen kid, I’ll learn ya somthin.”
The Broward JIs all gathered around.
“You ever see a stiff off himself by cutting his wrists? What ya see is a bunch of attempts first. They make small cuts to see how it hurts before making a big one. Same thing with Ross. Nobody did this to him; he took himself out. The pattern fits. He starts making strange rulings from the bench. He knows he’s got some problem Judges like Seidlin and Korda and Greene and he does nothing about it.
He wanted to go. He took himself out. I seen it a hundred times.
The Hastings Federal Case in the 80’s; The Courtbroom guys in the 90’s, hell I worked the Huttoe case in the 70’s. They all did it to themselves. Ross is no different. He’s human. He got bored, frustrated. Didn’t want to just quit. That was against his nature. So he took himself out and made it look dirty. He called the Sun Sentinel. He was the source on those Channel 7 stories. He needed a break. He needed a way out. Go drag in those reporters, and you’ll see. I’m right. Come on Kid, we still got the Hanzman case to solve.”
We walked out past a dozen stunned Broward JIs.
The Kid and I drove home in silence. It was well past midnight. When you work my job, you get used to the long hours.
I dropped him off at his apartment. It was one of those new ones on Brickell. He didn’t have a few ex-wives to support, but that would come with time. So would the experience to do this job without getting rattled. But today was a tough one for him.
I stopped the car. He opened the door and muttered something and walked off into the hot Miami night.
A few days later we got a call from Broward. One of the reporters cracked under questioning and admitted Ross was his source for a story. After that it all fell into place. Yeah, Ross took himself out. I could solve Broward’s mess, but I still had a monster stalking 3rd DCA candidates in my own backyard, and I didn’t feel one inch closer to solving that case.
Tuesday, May 29, 2007
A QUESTION
We received this comment/question from a law student. It merits a response from our loyal readers:
Anonymous said...
I need some help. I am a law student and need to know if to get a job as a PD/SA or work at a firm.
Here is the Question: Do PD/SA go there because they have so much money that they can afford to work for peanuts, but get to play with people's lives? Or, is it because they do so poorly in school that those are the only jobs they can get and are stuck making peanuts?
I have a good GPA and attend a top 50 school. I am pretty with little body fat, a six pack and was Phi Beta Kappa in undergrad. Meaning, that I am blessed with looks and smarts. I do not want to waste my opportunity and make an unwise selection. Help! I would love to hear from as many of you as possible.
Thanks Rumpole.
Rumpole responds: Mr. Laeser has often reminded us that experienced lawyers are encouraged to mentor young lawyers/law students.
We are somewhat concerned that the student who posted this did not leave an email address. Sort of like sending a motion without a certificate of service. However, the question is a good one and it merits a response.
Have at it.
FED JUDGE CROSS ABOUT CROSS
While we're on the subject of questions, the Federal Blog (now sponsored by the Daily Business Review!!!) has coverage of the Padilla trial. One attorney had at it with the FBI's translator, questioning closely the witness's ability to understand popular American phrases like "cherry pick". It appears one theme of the defense will be that the FBI selected transcripts to translate, and used an interpreter that did not do an adequate job. Apparently former Dade ASA and current Fed Russell Killinger didn't like the cross- no surprise there. But Judge Cooke voiced her displeasure as well!
We didn't see the "offending cross" but it sounds quite normal to us. It's not like the lawyer accused the witness of being a few french fries short of a happy meal.
Anyway, Judge Cooke has been getting high marks for her handling of this high profile trial. We for one, shall withhold our judgment until we see whether defense lawyers are further "discouraged" from advancing their theme of the case.
See You In Court, and if we haven't said it lately, thanks for reading our humble blog. We recently entered negotiations to be sponsored by one of the hot dog vendors outside the REGJB. As soon as we firm up the deal (just how many hot dogs a week we will get on the arm) we will let you know.
Anonymous said...
I need some help. I am a law student and need to know if to get a job as a PD/SA or work at a firm.
Here is the Question: Do PD/SA go there because they have so much money that they can afford to work for peanuts, but get to play with people's lives? Or, is it because they do so poorly in school that those are the only jobs they can get and are stuck making peanuts?
I have a good GPA and attend a top 50 school. I am pretty with little body fat, a six pack and was Phi Beta Kappa in undergrad. Meaning, that I am blessed with looks and smarts. I do not want to waste my opportunity and make an unwise selection. Help! I would love to hear from as many of you as possible.
Thanks Rumpole.
Rumpole responds: Mr. Laeser has often reminded us that experienced lawyers are encouraged to mentor young lawyers/law students.
We are somewhat concerned that the student who posted this did not leave an email address. Sort of like sending a motion without a certificate of service. However, the question is a good one and it merits a response.
Have at it.
FED JUDGE CROSS ABOUT CROSS
While we're on the subject of questions, the Federal Blog (now sponsored by the Daily Business Review!!!) has coverage of the Padilla trial. One attorney had at it with the FBI's translator, questioning closely the witness's ability to understand popular American phrases like "cherry pick". It appears one theme of the defense will be that the FBI selected transcripts to translate, and used an interpreter that did not do an adequate job. Apparently former Dade ASA and current Fed Russell Killinger didn't like the cross- no surprise there. But Judge Cooke voiced her displeasure as well!
We didn't see the "offending cross" but it sounds quite normal to us. It's not like the lawyer accused the witness of being a few french fries short of a happy meal.
Anyway, Judge Cooke has been getting high marks for her handling of this high profile trial. We for one, shall withhold our judgment until we see whether defense lawyers are further "discouraged" from advancing their theme of the case.
See You In Court, and if we haven't said it lately, thanks for reading our humble blog. We recently entered negotiations to be sponsored by one of the hot dog vendors outside the REGJB. As soon as we firm up the deal (just how many hot dogs a week we will get on the arm) we will let you know.
Saturday, May 26, 2007
MEMORIAL DAY WEEKEND THOUGHTS
As we spend another holiday weekend in our fair city, there are several random thoughts we thought we might share.
Go over to the Broward Blog.
As the debate rages in Broward County between the Status Quo Brigade of Judges and a few good ol boy lawyers (Motto: "It’s our Court System and we’ll run it however we damn please.") and the upstart Brigade of Brave Broward lawyers, there is a nice reprint of Thomas Payne’s Common Sense pamphlet on the Broward Blog.
Printed anonymously in February 1776, Common Sense serves now to remind us why reasoned anonymous critique is a backbone of American Democracy.
The Broward Judiciary’s “Diversity Committee” immediately responded to the Blog's defense of anonymous critique with a press release stating “anything written about Common Sense has absolutely nothing to do with the Broward Judiciary.”
Rumpole says that what these lawyers have done is nothing short of remarkable. We who labour here in Miami well know the feeling of being “a stranger in a strange land”. Ask any Judge who was a practicing trial lawyer before ascending to the bench, and they will tell you that “going to Broward” is one of the things they miss the least. These Broward Blogging Lawyers have drawn intense media coverage of their Courthouse. (Of course, lets give credit where credit is due. They were ably assisted by a bevy of Judges whose propensity for making outlandish statements from the bench, or getting arrested, was remarkable.)
The Broward Bloggers succeeded in bringing down the Chief Judge, and have opened for discussion with the current judicial leadership topics like why the rate of defendants sentenced to State prison in Broward is the highest in the State by far.
In a very real sense, Blogging is the 21st century American’s answer to the anonymous pamphleteering during the Revolutionary War. It is no surprise that of all the countries on earth, it was the United States that brought forth blogging to the forefront of political action.
Questioning authority by reasoned critiques of those who govern, is in our blood. It makes us proud to be a small part of this legacy of democracy.
HEADLINES:
Switching topics, if you head over to the on-line edition of various newspapers you might randomly view headlines like these:
“Engulfed by Climate Change, Town Seeks Lifeline”
MELTDOWN
The earth beneath much of Alaska is not what it used to be. The permanently frozen subsoil, known as permafrost, upon which Newtok and so many other Native Alaskan villages rest, is melting, yielding to warming air temperatures and a warming ocean. Sea ice that would normally protect coastal villages is forming later in the year, allowing fall storms to pound away at the shoreline.
Erosion has made Newtok an island...
and
White House rejected warnings on Iraq War
WARNED ON IRAQ
U.S. intelligence agencies warned the Bush administration before the invasion of Iraq that ousting Saddam Hussein would create a ''significant risk'' of sectarian strife, encourage al Qaeda attacks and open the way for Iranian interference. ..
Nevertheless, President Bush, then-Defense Secretary Donald Rumsfeld and other top aides decided not to deploy the major occupation that force military planners had recommended, planned to reduce U.S. troops rapidly after the invasion and believed that ousting Saddam would ignite a democratic revolution across the Middle East.
What these two stories have in common is a man from Texas with his head buried in the sand.
Experts told the current administration that global warming was a fact and needed to be addressed. The administration responded with a campaign to terrorize those experts by threatening their jobs if they released their reports.
Experts told the current administration that we did not have enough troops to win the peace in Iraq. They were ridiculed by men (namely the President, Vice President, and their respective staffs) whose youth was marked by a successful determination to avoid military service in the Vietnam war.
Welcome to Vietnam redux.
Created by men whose main qualification to lead a country into war was the ability to look into the camera and tell the American public that because they pray, they can be trusted and know what their doing-- its fourty years later and a new generation of old men are sending young men and women to die half way around the world for a war no one wants.
Hopefully, as an electorate, we will never make that mistake again.
So there you have it.
Good old American common sense and the legacy of Common Sense drives modern day Bloggers North of the Border to take back our courthouse from the oligarchy of Ross and his crowd.
Meanwhile a town in Alaska melts- but don't tell the President it's because of global warming, because his henchmen may well just fire you. No, maybe those Inuit are just praying to the wrong deity.
And more troops die in a war the President was told we could not win -but- as an idiot from Texas once tried to say "fool me once shame on you....fool me twice, shame on me."
There is a lot to think about on any Memorial Day, but this is what is on our Mind this Memorial Day Weekend.
Be safe, and see you in Court Tuesday, and maybe for drinks and Hors De Oeuvres afterwards.
Go over to the Broward Blog.
As the debate rages in Broward County between the Status Quo Brigade of Judges and a few good ol boy lawyers (Motto: "It’s our Court System and we’ll run it however we damn please.") and the upstart Brigade of Brave Broward lawyers, there is a nice reprint of Thomas Payne’s Common Sense pamphlet on the Broward Blog.
Printed anonymously in February 1776, Common Sense serves now to remind us why reasoned anonymous critique is a backbone of American Democracy.
The Broward Judiciary’s “Diversity Committee” immediately responded to the Blog's defense of anonymous critique with a press release stating “anything written about Common Sense has absolutely nothing to do with the Broward Judiciary.”
Rumpole says that what these lawyers have done is nothing short of remarkable. We who labour here in Miami well know the feeling of being “a stranger in a strange land”. Ask any Judge who was a practicing trial lawyer before ascending to the bench, and they will tell you that “going to Broward” is one of the things they miss the least. These Broward Blogging Lawyers have drawn intense media coverage of their Courthouse. (Of course, lets give credit where credit is due. They were ably assisted by a bevy of Judges whose propensity for making outlandish statements from the bench, or getting arrested, was remarkable.)
The Broward Bloggers succeeded in bringing down the Chief Judge, and have opened for discussion with the current judicial leadership topics like why the rate of defendants sentenced to State prison in Broward is the highest in the State by far.
In a very real sense, Blogging is the 21st century American’s answer to the anonymous pamphleteering during the Revolutionary War. It is no surprise that of all the countries on earth, it was the United States that brought forth blogging to the forefront of political action.
Questioning authority by reasoned critiques of those who govern, is in our blood. It makes us proud to be a small part of this legacy of democracy.
HEADLINES:
Switching topics, if you head over to the on-line edition of various newspapers you might randomly view headlines like these:
“Engulfed by Climate Change, Town Seeks Lifeline”
MELTDOWN
The earth beneath much of Alaska is not what it used to be. The permanently frozen subsoil, known as permafrost, upon which Newtok and so many other Native Alaskan villages rest, is melting, yielding to warming air temperatures and a warming ocean. Sea ice that would normally protect coastal villages is forming later in the year, allowing fall storms to pound away at the shoreline.
Erosion has made Newtok an island...
and
White House rejected warnings on Iraq War
WARNED ON IRAQ
U.S. intelligence agencies warned the Bush administration before the invasion of Iraq that ousting Saddam Hussein would create a ''significant risk'' of sectarian strife, encourage al Qaeda attacks and open the way for Iranian interference. ..
Nevertheless, President Bush, then-Defense Secretary Donald Rumsfeld and other top aides decided not to deploy the major occupation that force military planners had recommended, planned to reduce U.S. troops rapidly after the invasion and believed that ousting Saddam would ignite a democratic revolution across the Middle East.
What these two stories have in common is a man from Texas with his head buried in the sand.
Experts told the current administration that global warming was a fact and needed to be addressed. The administration responded with a campaign to terrorize those experts by threatening their jobs if they released their reports.
Experts told the current administration that we did not have enough troops to win the peace in Iraq. They were ridiculed by men (namely the President, Vice President, and their respective staffs) whose youth was marked by a successful determination to avoid military service in the Vietnam war.
Welcome to Vietnam redux.
Created by men whose main qualification to lead a country into war was the ability to look into the camera and tell the American public that because they pray, they can be trusted and know what their doing-- its fourty years later and a new generation of old men are sending young men and women to die half way around the world for a war no one wants.
Hopefully, as an electorate, we will never make that mistake again.
So there you have it.
Good old American common sense and the legacy of Common Sense drives modern day Bloggers North of the Border to take back our courthouse from the oligarchy of Ross and his crowd.
Meanwhile a town in Alaska melts- but don't tell the President it's because of global warming, because his henchmen may well just fire you. No, maybe those Inuit are just praying to the wrong deity.
And more troops die in a war the President was told we could not win -but- as an idiot from Texas once tried to say "fool me once shame on you....fool me twice, shame on me."
There is a lot to think about on any Memorial Day, but this is what is on our Mind this Memorial Day Weekend.
Be safe, and see you in Court Tuesday, and maybe for drinks and Hors De Oeuvres afterwards.
Thursday, May 24, 2007
AU REVOIR JUDGE YOUNG
We say “fare thee well” but not goodbye, to Judge David Young, who hangs up the robes this week, and leaves the comfy confines of our Justice Building for the bright lights of Broadway, Hollywood, and Television. We will miss him.
By our calculation, as a Prosecutor, County Court Judge, and Circuit Court Judge, David Young has given close to 25 years of service to the Citizens of Dade County. As much as we will miss him, the people he served will miss him more. Here’s why:
Judge Young’s tenure on the bench was marked by a strong streak of pragmatism. You never had to worry about an unfair result occurring because some poor unfortunate individual got mixed up in something where the law mandated a result that was unfair and unanticipated. Judge Young mixed a strong belief in fairness and common sense with a sharp legal mind. There was never a case, and there was never a day, when we rued appearing before Judge Young.
There are hundreds of stories out there where lawyers have credited Judge Young with stepping in and speaking with or chastising prosecutors who were seeking unreasonable or unfair results just because “the victim wants the max” or some other “head in the sand” reason.
We can’t finish our farewell to Judge Young without mentioning his campaign to make sure sexually active teens were engaging in protected sex. Judge Young was on the bench during the time AIDS ravaged this community. He often spoke of those he knew who died of AIDS. Perhaps many lawyers have thought that Judge Young’s lectures to teenagers who appeared before him were out of line. What we admire so much about Judge Young is that it appeared that he thought all the criticism in the world was worth it if he saved one young person from the early death of AIDS.
With all due respect to the current craze for conservative judges who keep their noses in their strict constructionist law books, we need more people like Judge Young, who saw wrongs, and quite simply, tried to right them.
We wish him well in his new endeavors.
We are happy to publish (with permission) the invitation to his going away soiree:
David’s last day is fast approaching.
Please join us to toast him farewell.
We will gather for Champagne and Hors De Oeuvres at:
La Loggia Ristorante (68 West Flagler Street) on Tuesday, May 29, 2007, 5:00 – 7:00.
ENJOY YOUR HOLIDAY WEEKEND. GET OUT AND HAVE SOME FUN IN THE SUN.
See you in Court Tuesday, and knowing our penchant for free booze, maybe, just maybe, we’ll see you somewhere else.
PS. Today Judge Crist tubed the Court Appointment system. You get what you pay for. Just watch what happens now.
PSS. We put up a permanent link to the Broward Blog. It is to the left, just beneath our favourite federal blogger’s link. The adventure of the defense attorney who was harassed by the Broward Cops after a Broward DMV is a must read.
By our calculation, as a Prosecutor, County Court Judge, and Circuit Court Judge, David Young has given close to 25 years of service to the Citizens of Dade County. As much as we will miss him, the people he served will miss him more. Here’s why:
Judge Young’s tenure on the bench was marked by a strong streak of pragmatism. You never had to worry about an unfair result occurring because some poor unfortunate individual got mixed up in something where the law mandated a result that was unfair and unanticipated. Judge Young mixed a strong belief in fairness and common sense with a sharp legal mind. There was never a case, and there was never a day, when we rued appearing before Judge Young.
There are hundreds of stories out there where lawyers have credited Judge Young with stepping in and speaking with or chastising prosecutors who were seeking unreasonable or unfair results just because “the victim wants the max” or some other “head in the sand” reason.
We can’t finish our farewell to Judge Young without mentioning his campaign to make sure sexually active teens were engaging in protected sex. Judge Young was on the bench during the time AIDS ravaged this community. He often spoke of those he knew who died of AIDS. Perhaps many lawyers have thought that Judge Young’s lectures to teenagers who appeared before him were out of line. What we admire so much about Judge Young is that it appeared that he thought all the criticism in the world was worth it if he saved one young person from the early death of AIDS.
With all due respect to the current craze for conservative judges who keep their noses in their strict constructionist law books, we need more people like Judge Young, who saw wrongs, and quite simply, tried to right them.
We wish him well in his new endeavors.
We are happy to publish (with permission) the invitation to his going away soiree:
David’s last day is fast approaching.
Please join us to toast him farewell.
We will gather for Champagne and Hors De Oeuvres at:
La Loggia Ristorante (68 West Flagler Street) on Tuesday, May 29, 2007, 5:00 – 7:00.
ENJOY YOUR HOLIDAY WEEKEND. GET OUT AND HAVE SOME FUN IN THE SUN.
See you in Court Tuesday, and knowing our penchant for free booze, maybe, just maybe, we’ll see you somewhere else.
PS. Today Judge Crist tubed the Court Appointment system. You get what you pay for. Just watch what happens now.
PSS. We put up a permanent link to the Broward Blog. It is to the left, just beneath our favourite federal blogger’s link. The adventure of the defense attorney who was harassed by the Broward Cops after a Broward DMV is a must read.
BREAKING NEWS - SB 1088
THE CAPTAIN REPORTS:
At just after 9:00 pm tonight, Governor Charlie Crist signed into law Senate Bill 1088 effective immediately. The new law changes the way all court appointed counsel cases will be handled in the future. The JAC Court Appointed Counsel system that began on July 1, 2004 is officially history and the new "second public defender's office" will now represent most of the conflict cases when Bennett Brummer's office files a conflict.
Kudos to the FACDL for trying their best to get the governor to veto the bill; (he did actually veto bills on residential tenancies, vessel registration, health care and cosmetology, but 1088 was not one of them).
CAPTAIN OUT .............................
At just after 9:00 pm tonight, Governor Charlie Crist signed into law Senate Bill 1088 effective immediately. The new law changes the way all court appointed counsel cases will be handled in the future. The JAC Court Appointed Counsel system that began on July 1, 2004 is officially history and the new "second public defender's office" will now represent most of the conflict cases when Bennett Brummer's office files a conflict.
Kudos to the FACDL for trying their best to get the governor to veto the bill; (he did actually veto bills on residential tenancies, vessel registration, health care and cosmetology, but 1088 was not one of them).
CAPTAIN OUT .............................
Tuesday, May 22, 2007
THEY JUST CAN'T HELP THEMSELVES
Is there anything more satisfying these days than being a journalist or blogger and covering the Court North of the Border?
We couldn’t make this up if we tried.
PROBLEM: The Broward Judges are concerned about recent criticism that they are a judiciary out of control and out of touch with the public. The criticism has included that the Broward Court is comprised of an “old boy network" of Judges and lawyers protecting their interlocking interests, the public be damned.
To combat the perception that Judges are “arrogant” and that the Judiciary operates as a secret and exclusive club that does what it wishes- aided and abetted by a small group of lawyers who put them there and financially benefit from the arrangement, the Broward Judiciary formed a Diversity Panel.
What’s the first thing the panel did?
SOLUTION: Book a private room in a swanky restaurant and meet over dinner and drinks with some Bar leaders….IN SECRET.
We kid you not.
When intrepid Daily Business Review Reporter Jordana Mishory found out about the meeting she was barred from entering, and like an abandoned and homeless mongrel, she was left outside with her nose pressed against the window.
DBR Executive Editor Eddie Dominguez wrote a commentary piece that is a must read.
DBR
Dominguez critiques the faulty logic of the Judiciary that in order for Bar leaders to freely speak their mind to Judges, they have to be able to do it in private.
Here is part of what he wrote, and he hit a home run in our humble opinion:
But how does one counter the public’s perception of an insensitive court with closed door discussions?
More important is that Williams’ [ Judge Elijah Williams, who chairs the commission] justification of the secret meeting would endorse the notion that a climate of intimidation and retribution does exist in Broward’s courts and that people are afraid to speak their minds unless they do so in private.
Most startling: if bar leaders can’t express their honest opinions openly, then no one can. That the judges want to operate in a closed environment is no surprise.
A number of Broward judges have demonstrated a penchant for closed proceedings. It is the insular and parochial nature of the courthouse that has helped bolster the belief by many that judges are out of touch, arrogant and not accountable. The reasoning also begs the question of why bar leaders need anonymity and secrecy to do what they were elected to do?
So, to summarize. Our Robed Readers to the North, to combat the notion that their courthouse is a private and clubby enclave of secret meetings in which no public dissent is tolerated, they…..meet……in……a……private…….room…….of……a…..restaurant…….IN SECRET.
Invitation only and Rumpole need not apply.
Well, we can think of many other individuals we would rather break bread with. And knowing the Judiciary’s penchant for drinking on someone else’s tab, we can think of better things we can do with our money. Still, if Jordana Mishory wanted to share an Apple Martini and scintillating conversation with soon to be former Chief Judge Dale Ross, why shouldn’t she be able to do so?
We repeat our oft heard lament: It’s just not fair that our friends to the North have such easy targets to write about. We publicly call upon our own dear robed readers for one of them to protect the honor of Dade and step up to the plate and do something stupid. Quickly.
See You In Court, where it’s boring these days and none of our Judges has managed to put their foot in their mouth recently. But we have hopes.
We couldn’t make this up if we tried.
PROBLEM: The Broward Judges are concerned about recent criticism that they are a judiciary out of control and out of touch with the public. The criticism has included that the Broward Court is comprised of an “old boy network" of Judges and lawyers protecting their interlocking interests, the public be damned.
To combat the perception that Judges are “arrogant” and that the Judiciary operates as a secret and exclusive club that does what it wishes- aided and abetted by a small group of lawyers who put them there and financially benefit from the arrangement, the Broward Judiciary formed a Diversity Panel.
What’s the first thing the panel did?
SOLUTION: Book a private room in a swanky restaurant and meet over dinner and drinks with some Bar leaders….IN SECRET.
We kid you not.
When intrepid Daily Business Review Reporter Jordana Mishory found out about the meeting she was barred from entering, and like an abandoned and homeless mongrel, she was left outside with her nose pressed against the window.
DBR Executive Editor Eddie Dominguez wrote a commentary piece that is a must read.
DBR
Dominguez critiques the faulty logic of the Judiciary that in order for Bar leaders to freely speak their mind to Judges, they have to be able to do it in private.
Here is part of what he wrote, and he hit a home run in our humble opinion:
But how does one counter the public’s perception of an insensitive court with closed door discussions?
More important is that Williams’ [ Judge Elijah Williams, who chairs the commission] justification of the secret meeting would endorse the notion that a climate of intimidation and retribution does exist in Broward’s courts and that people are afraid to speak their minds unless they do so in private.
Most startling: if bar leaders can’t express their honest opinions openly, then no one can. That the judges want to operate in a closed environment is no surprise.
A number of Broward judges have demonstrated a penchant for closed proceedings. It is the insular and parochial nature of the courthouse that has helped bolster the belief by many that judges are out of touch, arrogant and not accountable. The reasoning also begs the question of why bar leaders need anonymity and secrecy to do what they were elected to do?
So, to summarize. Our Robed Readers to the North, to combat the notion that their courthouse is a private and clubby enclave of secret meetings in which no public dissent is tolerated, they…..meet……in……a……private…….room…….of……a…..restaurant…….IN SECRET.
Invitation only and Rumpole need not apply.
Well, we can think of many other individuals we would rather break bread with. And knowing the Judiciary’s penchant for drinking on someone else’s tab, we can think of better things we can do with our money. Still, if Jordana Mishory wanted to share an Apple Martini and scintillating conversation with soon to be former Chief Judge Dale Ross, why shouldn’t she be able to do so?
We repeat our oft heard lament: It’s just not fair that our friends to the North have such easy targets to write about. We publicly call upon our own dear robed readers for one of them to protect the honor of Dade and step up to the plate and do something stupid. Quickly.
See You In Court, where it’s boring these days and none of our Judges has managed to put their foot in their mouth recently. But we have hopes.
DOWN GOES ROSS!!!!!
(With apologies to Howard Cosell and his call of the Foreman Frazier title fight)
DOWN GOES ROSS…DOWN GOES ROSS….
BREAKING BLOG NEWS: OUR BRETHREN BLOG IN BROWARD (SAY THAT 5 TIMES FAST) HAS TAKEN DOWN A CHIEF JUDGE:
NIXON RESIGNS…ROSS RESIGNS…..
Here is the text of the announcement:
After much reflection and soul searching, maybe it's time to be a real judge again. It is my intent not to serve the new Chief Judge term to completion. I'll call for a special election for Tuesday, July 3, 2007 to fill an anticipated un-expired term beginning September 4, 2007 through June 30, 2009.
The last couple of years have been particularly difficult for me and my family. In July I am having my hips replaced and will be out for a while.
For these reasons and others, [umm...like Judges calling people less than human, like Judges belittling people for not speaking English?) but primarily because of my love for our circuit, I think a new Chief Judge should lead us forward.
It's appropriate that I take the summer to try to help with an orderly transition.
[I'll give North of the Border this: we don't have to wear a tie in court during the summer.]
I am particularly proud of this circuit and its personnel, who have labored so hard to make it the best in Florida . [Pardon me. I'm choking. I also just fell out of my chair. Blatant disregard for reality tends to have that effect on me.]
Our circuit has accomplished a number of "firsts" and has been very aggressive and pro-active in serving the people of the State of Florida . I extend my appreciation to our Administrative Judges (past and present) whose valuable advice and hard work made my job so much easier. ... I truly love being a judge and public servant. [Not to mention the kick you get out of humiliating litigants and lawyers you don't like]. To quote Bob Hope, "thanks for the memories," it's been special.
Dale Ross, Chief Judge
[To quote someone else: Don't let the door hit you on the way out.]
Rumpole says: Thanks for the memories….(not). I cannot remember one time I appeared before that Judge that he did not treat me and my client rudely, made mention of my office being located in Miami, and made my client feel he/she made a grievous mistake in hiring a lawyer from Miami. Good riddance.
Monday, May 21, 2007
HANZMAN HATCHET JOB.
The Blog proudly presents the first adventure of JQC Rock, Judicial Investigator (JI).
THE CASE OF THE KNIFE IN THE BACK............
[JQC Rock takes up the case of Third DCA Nominee Michael Hanzman and the article published by the Herald on Sunday which "revealed" that Hanzman used to belong to a private golf club that didn't have any women as members. ]
My name is Joe Quinton Carlton, but my friends call me Rock. That’s right, my initials are JQC. And I work for the city investigating Judges and prosecutors. My town is Miami, and I rarely have a free moment. My jurisdiction covers Judges and wannabes.
It was Sunday morning and my phone rang. My pillow still smelled of whisky. So did I.
It was a broad on the phone. You know, long legs, pouty lips, never quiet when you want them to be.
And she was my boss.
“Rock. You read the Herald yet?”
“No. But tell me anyway.”
“We got another body. Get over here right away.”
I showered and threw some day old coffee in the microwave.
My Old Chevy Impala coughed to life, and a few minutes later I was downtown.
There was a group standing around the paper. I knew it wouldn’t be pretty.
“Whatta we got?”
The kid next to me was new. Eager to make his bones on the squad, so he piped up: “Male. White. Well fed. Member of a private club. Was on the short list to serve on the Third DCA. But not anymore.”
I glanced over and read Fleishman’s article. I winced. It wasn’t pretty.
I walked away and wiped the sweat from my forehead.
The Kid walked over to me: “You OK Rock?”
“Yeah, I seen this a hundred times. But you never get used to it. He had everything to live for. Successful lawyer. 8 Handicap golfer. Member of a swanky private club. Judicial nominee.”
“Yeah”
"And then someone put a knife in his back. And bam! Just like that it’s over."
“Just like that. You got any ideas?”
I looked at the rookie and laughed. “Yeah kid. I got a few.”
“Like?”
“Like there are five other lawyers who benefited from this. And one of them handed Fleishman the story and knife. And he never saw it coming.”
The kid nodded “Never saw it coming.”
I put my hands on my hips. The Kid did the same. He coughed….”Say Rock, could I work this one with you?”
“You got the stomach for it kid? This is politics. This is murder. This is the 3rd DCA. It won’t be pretty. You think you can handle it?”
“I can’t get the picture of Hanzman with that knife sticking out of his back, out of my mind. Maybe if we catch the perp the image will go away.”
“You got a lot to learn to kid. The image never goes away. But…yeah. You can work this one with me.”
“What do we do first?”
“Like said, there’s five other lawyers on that list who benefited from that knife in Hanzman’s back. Lets start with the first one on the list….” The kid pulled out a notepad and licked his pencil. ..
This is what I do. When lawyers or Judges go down, the City pays me to find the killer. That’s me: Joe Quinton Carlton. JQC,JI. But call me “Rock” .
Keep your eyes open for the further adventures of JQC Rock JI- Judicial Investigator.
THE CASE OF THE KNIFE IN THE BACK............
[JQC Rock takes up the case of Third DCA Nominee Michael Hanzman and the article published by the Herald on Sunday which "revealed" that Hanzman used to belong to a private golf club that didn't have any women as members. ]
My name is Joe Quinton Carlton, but my friends call me Rock. That’s right, my initials are JQC. And I work for the city investigating Judges and prosecutors. My town is Miami, and I rarely have a free moment. My jurisdiction covers Judges and wannabes.
It was Sunday morning and my phone rang. My pillow still smelled of whisky. So did I.
It was a broad on the phone. You know, long legs, pouty lips, never quiet when you want them to be.
And she was my boss.
“Rock. You read the Herald yet?”
“No. But tell me anyway.”
“We got another body. Get over here right away.”
I showered and threw some day old coffee in the microwave.
My Old Chevy Impala coughed to life, and a few minutes later I was downtown.
There was a group standing around the paper. I knew it wouldn’t be pretty.
“Whatta we got?”
The kid next to me was new. Eager to make his bones on the squad, so he piped up: “Male. White. Well fed. Member of a private club. Was on the short list to serve on the Third DCA. But not anymore.”
I glanced over and read Fleishman’s article. I winced. It wasn’t pretty.
I walked away and wiped the sweat from my forehead.
The Kid walked over to me: “You OK Rock?”
“Yeah, I seen this a hundred times. But you never get used to it. He had everything to live for. Successful lawyer. 8 Handicap golfer. Member of a swanky private club. Judicial nominee.”
“Yeah”
"And then someone put a knife in his back. And bam! Just like that it’s over."
“Just like that. You got any ideas?”
I looked at the rookie and laughed. “Yeah kid. I got a few.”
“Like?”
“Like there are five other lawyers who benefited from this. And one of them handed Fleishman the story and knife. And he never saw it coming.”
The kid nodded “Never saw it coming.”
I put my hands on my hips. The Kid did the same. He coughed….”Say Rock, could I work this one with you?”
“You got the stomach for it kid? This is politics. This is murder. This is the 3rd DCA. It won’t be pretty. You think you can handle it?”
“I can’t get the picture of Hanzman with that knife sticking out of his back, out of my mind. Maybe if we catch the perp the image will go away.”
“You got a lot to learn to kid. The image never goes away. But…yeah. You can work this one with me.”
“What do we do first?”
“Like said, there’s five other lawyers on that list who benefited from that knife in Hanzman’s back. Lets start with the first one on the list….” The kid pulled out a notepad and licked his pencil. ..
This is what I do. When lawyers or Judges go down, the City pays me to find the killer. That’s me: Joe Quinton Carlton. JQC,JI. But call me “Rock” .
Keep your eyes open for the further adventures of JQC Rock JI- Judicial Investigator.
Sunday, May 20, 2007
UTPAL OUTRAGE
A REGJB BLOG EXCLUSIVE
Jack Thompson, a long time local Coral Gables Lawyer, has written to our Dade State Attorney who we affectionately(???) refer to as "Fernandle" , inquiring as to why her office would employ a prosecutor who was SUSPENDED AND PROHIBITED FROM PRACTISING LAW?
Mr. Thompson, who did a little digging on Dighe (actually he called the Bar) learned that Prosecutor Utpal Dighe who was recently arrested for purchase of Marijuana was suspended by the Bar in October 2005 for failing the "basic skills test." He since failed to re-take the exam, so he was suspended by the Bar. In October 2006 Mr. Dighe failed to pay his Bar Dues, and was suspended again.
Here is the closing paragraph of Mr.Thompson's letter to the State Attorney:
"Thus, you had this guy representing the State of Florida as an Assistant State Attorney, and he didn’t even have a Bar license. Your failure to supervise this lawyer in this simple regard opens you up to Bar discipline, and I plan to research that and act appropriately.
I did see you in Home Depot the other day. Maybe you were looking for someone in the “lumber” section to handle homicide prosecutions."
What in the name of professional office management is going on at the State Attorneys Office?
We recently wrote a piece in which we posted an imaginary phone between the State Attorney and her aide, in which she was on vacation. Everyone is entitled to a vacation. But the genesis of the that idea was based on courthouse chatter that our State Attorney is out of the office a lot- and we don't mean in Tallahassee lobbying against the defendant's right to conduct cross examination.
Back to the Dighe disaster: Query: Can a defendant be prosecuted and convicted by a prosecutor and legally sentenced by a Judge when the prosecutor was not allowed to practice law in the State Of Florida? Just how many informations did Mr. Dighe sign under oath, and is each and everyone of those informations now evidence in a perjury investigation? And is Ms. Fernandle derelict in her duties to supervise her lawyers, which may in fact expose her to discipline from the Bar?
Mr. Dighe may have had his problems responsibly living up to his obligations. It is often said that excessive use of Marijuana will cause a "devil may care...I'll do it tomorrow attitude." Who knows?
The real question is what is going on at the SAO.????
They have an awful lot of chiefs, and not enough Indians. You would think one of those chiefs would take a moment from telling an Indian that they cannot offer a "reduced plea" of 30 years on the grand theft case with no witnesses, and spend a moment or two on personnel issues.
"Has everyone paid their Bar dues? "
"Is everyone current with CLE?"
Here's a neat one: "Is any prosecutor currently suspended by the Bar?"
Or would that kind of work drag the big important supervisor away from their precious duties of sitting on their duffs and writing the word "NO" over and over again in inter-office emails.?
We anxiously await answers to these and other pressing questions in our new Soap Opera/Novella: : "As the SAO Spins."
Tomorrow on As The SAO Spins: it turns out one of the supervisors for the felony division is an identical twin and two people have actually being doing the work of one supervisor.
See You In Court checking the CLE records of our distinguished opponents.
PS. That last line of Mr. Thompson's letter had us chuckling.
Jack Thompson, a long time local Coral Gables Lawyer, has written to our Dade State Attorney who we affectionately(???) refer to as "Fernandle" , inquiring as to why her office would employ a prosecutor who was SUSPENDED AND PROHIBITED FROM PRACTISING LAW?
Mr. Thompson, who did a little digging on Dighe (actually he called the Bar) learned that Prosecutor Utpal Dighe who was recently arrested for purchase of Marijuana was suspended by the Bar in October 2005 for failing the "basic skills test." He since failed to re-take the exam, so he was suspended by the Bar. In October 2006 Mr. Dighe failed to pay his Bar Dues, and was suspended again.
Here is the closing paragraph of Mr.Thompson's letter to the State Attorney:
"Thus, you had this guy representing the State of Florida as an Assistant State Attorney, and he didn’t even have a Bar license. Your failure to supervise this lawyer in this simple regard opens you up to Bar discipline, and I plan to research that and act appropriately.
I did see you in Home Depot the other day. Maybe you were looking for someone in the “lumber” section to handle homicide prosecutions."
What in the name of professional office management is going on at the State Attorneys Office?
We recently wrote a piece in which we posted an imaginary phone between the State Attorney and her aide, in which she was on vacation. Everyone is entitled to a vacation. But the genesis of the that idea was based on courthouse chatter that our State Attorney is out of the office a lot- and we don't mean in Tallahassee lobbying against the defendant's right to conduct cross examination.
Back to the Dighe disaster: Query: Can a defendant be prosecuted and convicted by a prosecutor and legally sentenced by a Judge when the prosecutor was not allowed to practice law in the State Of Florida? Just how many informations did Mr. Dighe sign under oath, and is each and everyone of those informations now evidence in a perjury investigation? And is Ms. Fernandle derelict in her duties to supervise her lawyers, which may in fact expose her to discipline from the Bar?
Mr. Dighe may have had his problems responsibly living up to his obligations. It is often said that excessive use of Marijuana will cause a "devil may care...I'll do it tomorrow attitude." Who knows?
The real question is what is going on at the SAO.????
They have an awful lot of chiefs, and not enough Indians. You would think one of those chiefs would take a moment from telling an Indian that they cannot offer a "reduced plea" of 30 years on the grand theft case with no witnesses, and spend a moment or two on personnel issues.
"Has everyone paid their Bar dues? "
"Is everyone current with CLE?"
Here's a neat one: "Is any prosecutor currently suspended by the Bar?"
Or would that kind of work drag the big important supervisor away from their precious duties of sitting on their duffs and writing the word "NO" over and over again in inter-office emails.?
We anxiously await answers to these and other pressing questions in our new Soap Opera/Novella: : "As the SAO Spins."
Tomorrow on As The SAO Spins: it turns out one of the supervisors for the felony division is an identical twin and two people have actually being doing the work of one supervisor.
See You In Court checking the CLE records of our distinguished opponents.
PS. That last line of Mr. Thompson's letter had us chuckling.
Another Tragedy
KEN FELDMAN MEMORIAL
A memorial service honoring former St. Thomas Law School Professor Ken Feldman will be held Monday, June 11th at 6:00 PM at the St. Thomas Law School in Miami Lakes, Florida.
Here is part of the NY Times story we mentioned in a comment about an innocent man convicted. We would like prosecutors to comment on professor Scheck's statement that
ELIZABETH, N.J., May 15 — A man who served 19 years in prison for the sadistic murders of his companion’s two children walked out of the Union County Courthouse flanked by his family members after a judge vacated his convictions on Tuesday.
Prosecutors contended that DNA evidence in the case would probably change the mind of the jury that convicted the man, Byron Halsey, 46. They also said that the DNA evidence pointed instead to Cliff Hall, a neighbor who testified against Mr. Halsey at his 1988 trial and who is currently in prison for three sexual assaults.
Mr. Halsey, who was handcuffed, sat crying silently during the brief proceeding in Union County Superior Court before Judge Stuart L. Peim.
As he left the courthouse, Mr. Halsey said, “I thank my Lord and savior Jesus for keeping me.”
Asked about his emotional state, he smiled and said, “I don’t want to get in more trouble.” He added, What was done to me was criminal at best.”
Barry Scheck, co-director of the Innocence Project, the Manhattan legal clinic that revived the case, said: “It’s a miracle that Byron is here with us, because if ever there was a case where there was a risk of executing an innocent man, it was this case. Because the facts of the case were so horrible.”
Prosecutors had sought the death penalty for Mr. Halsey in the 1985 killings. The crimes were particularly chilling — Tina Urquhart, 7, was raped and strangled, and her brother, Tyrone Urquhart, 8, died after four nails were hammered into his skull with a brick. The children’s bodies were found in the basement of a rooming house in Plainfield where Mr. Halsey lived with their mother.
...
Mr. Halsey contacted the Innocence Project, which is affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University after exhausting his appeals. Advanced DNA techniques that were not available at the time of the trial showed that the evidence had no link to Mr. Halsey. It did, however, show a match with Mr. Hall, whose DNA samples were already in the state’s database because of his convictions in sex crimes that occurred after the Urquhart children were killed.
...
Mr. Scheck noted that in about a quarter of the 201 wrongful convictions that have been overturned with the use of DNA evidence, people had confessed or admitted to crimes they did not commit. Mr. Halsey signed a confession after 30 hours of interrogation, Mr. Scheck said. Mr. Halsey’s lawyers said he had a sixth-grade education and severe learning disabilities.
Rumpole says, the next time a prosecutor tells us that they will revoke all plea offers if we seek a bond hearing, or file any motions- because our client confessed and is clearly guilty- we will just attach a copy of this newspaper article to our letter to their supervisor complaining about their actions.
This business of "punishing" defendants for having attorneys who vigorously defend them has got to stop. We call on the State Attorney to either abandon this policy or defend it in public, and we call upon Judges to not let prosecutors get away with such bullying tactics in their courtrooms.
And before all the emails start flooding in- yes, we recognize that in certain limited cases- like where children are victims, or in the case of sexual assault, it is good policy to remind all parties that the prosecution may revoke a plea offer after all the other work is done, and the defense indicates it wishes to depose the victim.
How can we work in a legal system where we revere the Constitution, and then punish a defendant who seeks to use the rights afforded by the Constitution?
This merits serious discussion.
Have a good weekend.
A memorial service honoring former St. Thomas Law School Professor Ken Feldman will be held Monday, June 11th at 6:00 PM at the St. Thomas Law School in Miami Lakes, Florida.
Here is part of the NY Times story we mentioned in a comment about an innocent man convicted. We would like prosecutors to comment on professor Scheck's statement that
ELIZABETH, N.J., May 15 — A man who served 19 years in prison for the sadistic murders of his companion’s two children walked out of the Union County Courthouse flanked by his family members after a judge vacated his convictions on Tuesday.
Prosecutors contended that DNA evidence in the case would probably change the mind of the jury that convicted the man, Byron Halsey, 46. They also said that the DNA evidence pointed instead to Cliff Hall, a neighbor who testified against Mr. Halsey at his 1988 trial and who is currently in prison for three sexual assaults.
Mr. Halsey, who was handcuffed, sat crying silently during the brief proceeding in Union County Superior Court before Judge Stuart L. Peim.
As he left the courthouse, Mr. Halsey said, “I thank my Lord and savior Jesus for keeping me.”
Asked about his emotional state, he smiled and said, “I don’t want to get in more trouble.” He added, What was done to me was criminal at best.”
Barry Scheck, co-director of the Innocence Project, the Manhattan legal clinic that revived the case, said: “It’s a miracle that Byron is here with us, because if ever there was a case where there was a risk of executing an innocent man, it was this case. Because the facts of the case were so horrible.”
Prosecutors had sought the death penalty for Mr. Halsey in the 1985 killings. The crimes were particularly chilling — Tina Urquhart, 7, was raped and strangled, and her brother, Tyrone Urquhart, 8, died after four nails were hammered into his skull with a brick. The children’s bodies were found in the basement of a rooming house in Plainfield where Mr. Halsey lived with their mother.
...
Mr. Halsey contacted the Innocence Project, which is affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University after exhausting his appeals. Advanced DNA techniques that were not available at the time of the trial showed that the evidence had no link to Mr. Halsey. It did, however, show a match with Mr. Hall, whose DNA samples were already in the state’s database because of his convictions in sex crimes that occurred after the Urquhart children were killed.
...
Mr. Scheck noted that in about a quarter of the 201 wrongful convictions that have been overturned with the use of DNA evidence, people had confessed or admitted to crimes they did not commit. Mr. Halsey signed a confession after 30 hours of interrogation, Mr. Scheck said. Mr. Halsey’s lawyers said he had a sixth-grade education and severe learning disabilities.
Rumpole says, the next time a prosecutor tells us that they will revoke all plea offers if we seek a bond hearing, or file any motions- because our client confessed and is clearly guilty- we will just attach a copy of this newspaper article to our letter to their supervisor complaining about their actions.
This business of "punishing" defendants for having attorneys who vigorously defend them has got to stop. We call on the State Attorney to either abandon this policy or defend it in public, and we call upon Judges to not let prosecutors get away with such bullying tactics in their courtrooms.
And before all the emails start flooding in- yes, we recognize that in certain limited cases- like where children are victims, or in the case of sexual assault, it is good policy to remind all parties that the prosecution may revoke a plea offer after all the other work is done, and the defense indicates it wishes to depose the victim.
How can we work in a legal system where we revere the Constitution, and then punish a defendant who seeks to use the rights afforded by the Constitution?
This merits serious discussion.
Have a good weekend.
Thursday, May 17, 2007
PERSONALS
"Lonly Hisp. W/M. Atty. Gen of the U.S. Lost or losing many of my frnds. Seeking LTR. Must have law degree and be friend of W."
The hallowed halls of the Justice Department must be very lonely places these days. One can almost hear the echoing foot steps as the Attorney General wanders around wondering where everyone is. They have been fired or quit. This past Tuesday Paul McNulty, the deputy attorney general of the US and the second highest ranking official at Justice called it quits. He is fourth official at Justice to resign in the wake of the US Attorney firing scandal.
This week we were treated to the regalia of the Bush presidency's very own Saturday Night Massacre. We have previously written about the events of the Nixon presidency when the Attorney General and Deputy Attorney General of the United States resigned rather than follow the President's orders and fire the special prosecutor investigating Watergate. Eventually, Nixon found a janitor at the Justice Department named Robert Bork who was only too happy to follow the orders of the president and say, in those immortal words of Donald Trump: "Archibald Cox...you're fired!"
Now comes word of high speed car races to the Hospital bedside of then Attorney General John Ashcroft. Doped up on pain killers prior to his gallbladder surgery, and barely coherent, we learned that former Deputy Attorney General James Comey, with lights and sirens blazing on his motorcade, and FBI Director Robert Muller at his side, raced to the hospital to head off Bush's Chief Of Staff Andrew Card, and Alberto Gonzales- in his then role as counsel to the President. At stake on this rainy March night in 2004, was nothing less than Bush's illegal attempt to use the NSA to intercept phone calls of US Citizens without court authorization.
With Ashcroft seriously ill, the White House needed the Attorney General's signature to re-authorize the program. But Comey was acting Attorney General and his department's Office Of Legal Counsel had just issued an opinion that the secret program was illegal. Comey refused to sign the re-authorization order. With the program set to expire the next day, Card and Gonzales raced to the hospital to apparently hold Ashcroft's hand while they guided a pen on the line that said: "To Subvert the Constitution: SIGN HERE."
Comey testified before Congress this week that he literally raced up the hospital steps with the Director of the FBI close behind. As they ran into Ashcroft's hospital room, FBI Director Mueller shouted orders to Comey's FBI security detail not to let anyone remove Comey from the room without his permission.
Finally, the FBI vs. Secret Service shootout we've all been waiting for!!! Sort of like Batman versus Superman.
Anyway, the crisis lingered until Comey went to the White House the next day for a conference on terrorism. President Bush, wandering the hallways looking for his dog ( the president is way too busy to attend conferences) bumped into Comey. He put Comey in a headlock and patiently explained to Comey that the Constitution didn't exist for Presidents from Texas. The President then wrestled Comey into the family quarters, past a startled Laura Bush, and held him down on the floor while Dick Cheeney fast forwarded through the Godfather CD until he got to the point where Michael explains to his future wife Kay about how Luca Brazzi held a gun to a bandleader's head and explained that either his signature or his brains would be on the paper giving Johnny Fontane his release from his contract.
Comey signed the extension for the NSA to continue intercepting phone calls, and the NSA recently released this interesting transcript:
Hello?
Kathy? It's Don.
Hi Don. What's up?
Don: We've had four more prosecutors arrested this week, and 16 resigned. We lost 9 of 10 jury trials, and there are more complaints about low morale at the office.
Kathy: Well, it sounds like a normal week. I'll be back from vacation in three or four weeks. Keep me informed.
It's been a fun week to be an American. And to those boys and girls labouring in obscurity at the Justice Department. To quote from Stripes: "I gotta party with you. When you stole that cow....you are a wild man."
We never really knew that the ability to sprint up a flight of stairs at a hospital and shout orders to the FBI to square off with the Secret Service was all part of the job of being a government lawyer. Kind of gives you a new way of looking at those supposedly out of shape AUSA's we keep seeing at 10:oo Am and 1:30 Pm during Magistrate Court.
See You In Court, limbering up in case we have to run interference to save the Constitution.
PS: You MUST go to David Markus's federal blog and check out the motion by Milt Hersch for his client to wear his cowboy hat in court, and the outstanding order written by Judge Cooke granting the motion. Who says the feds are a boring bunch of stiffs? (Actually we say that, but Judge Cooke is #1 in our book. A Federal Judge with a sense of humor.)
The hallowed halls of the Justice Department must be very lonely places these days. One can almost hear the echoing foot steps as the Attorney General wanders around wondering where everyone is. They have been fired or quit. This past Tuesday Paul McNulty, the deputy attorney general of the US and the second highest ranking official at Justice called it quits. He is fourth official at Justice to resign in the wake of the US Attorney firing scandal.
This week we were treated to the regalia of the Bush presidency's very own Saturday Night Massacre. We have previously written about the events of the Nixon presidency when the Attorney General and Deputy Attorney General of the United States resigned rather than follow the President's orders and fire the special prosecutor investigating Watergate. Eventually, Nixon found a janitor at the Justice Department named Robert Bork who was only too happy to follow the orders of the president and say, in those immortal words of Donald Trump: "Archibald Cox...you're fired!"
Now comes word of high speed car races to the Hospital bedside of then Attorney General John Ashcroft. Doped up on pain killers prior to his gallbladder surgery, and barely coherent, we learned that former Deputy Attorney General James Comey, with lights and sirens blazing on his motorcade, and FBI Director Robert Muller at his side, raced to the hospital to head off Bush's Chief Of Staff Andrew Card, and Alberto Gonzales- in his then role as counsel to the President. At stake on this rainy March night in 2004, was nothing less than Bush's illegal attempt to use the NSA to intercept phone calls of US Citizens without court authorization.
With Ashcroft seriously ill, the White House needed the Attorney General's signature to re-authorize the program. But Comey was acting Attorney General and his department's Office Of Legal Counsel had just issued an opinion that the secret program was illegal. Comey refused to sign the re-authorization order. With the program set to expire the next day, Card and Gonzales raced to the hospital to apparently hold Ashcroft's hand while they guided a pen on the line that said: "To Subvert the Constitution: SIGN HERE."
Comey testified before Congress this week that he literally raced up the hospital steps with the Director of the FBI close behind. As they ran into Ashcroft's hospital room, FBI Director Mueller shouted orders to Comey's FBI security detail not to let anyone remove Comey from the room without his permission.
Finally, the FBI vs. Secret Service shootout we've all been waiting for!!! Sort of like Batman versus Superman.
Anyway, the crisis lingered until Comey went to the White House the next day for a conference on terrorism. President Bush, wandering the hallways looking for his dog ( the president is way too busy to attend conferences) bumped into Comey. He put Comey in a headlock and patiently explained to Comey that the Constitution didn't exist for Presidents from Texas. The President then wrestled Comey into the family quarters, past a startled Laura Bush, and held him down on the floor while Dick Cheeney fast forwarded through the Godfather CD until he got to the point where Michael explains to his future wife Kay about how Luca Brazzi held a gun to a bandleader's head and explained that either his signature or his brains would be on the paper giving Johnny Fontane his release from his contract.
Comey signed the extension for the NSA to continue intercepting phone calls, and the NSA recently released this interesting transcript:
Hello?
Kathy? It's Don.
Hi Don. What's up?
Don: We've had four more prosecutors arrested this week, and 16 resigned. We lost 9 of 10 jury trials, and there are more complaints about low morale at the office.
Kathy: Well, it sounds like a normal week. I'll be back from vacation in three or four weeks. Keep me informed.
It's been a fun week to be an American. And to those boys and girls labouring in obscurity at the Justice Department. To quote from Stripes: "I gotta party with you. When you stole that cow....you are a wild man."
We never really knew that the ability to sprint up a flight of stairs at a hospital and shout orders to the FBI to square off with the Secret Service was all part of the job of being a government lawyer. Kind of gives you a new way of looking at those supposedly out of shape AUSA's we keep seeing at 10:oo Am and 1:30 Pm during Magistrate Court.
See You In Court, limbering up in case we have to run interference to save the Constitution.
PS: You MUST go to David Markus's federal blog and check out the motion by Milt Hersch for his client to wear his cowboy hat in court, and the outstanding order written by Judge Cooke granting the motion. Who says the feds are a boring bunch of stiffs? (Actually we say that, but Judge Cooke is #1 in our book. A Federal Judge with a sense of humor.)
Wednesday, May 16, 2007
LETS GET TOUGH ON CRIME
Ahem.....Our local State Attorneys Office (Motto:don't do the crime. But if you must, we may have a job for you as a prosecutor!) has issued the following press release:
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E. R. GRAHAM BUILDING1350 N.W. 12TH AVENUE MIAMI, FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100STATE ATTORNEY
MEDIA ADVISORY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E. R. GRAHAM BUILDING1350 N.W. 12TH AVENUE MIAMI, FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE TELEPHONE (305) 547-0100STATE ATTORNEY
MEDIA ADVISORY
Contact: Ed Griffith 305-547-0535
Assistant State Attorney Loses Job After Buying Drugs
Miami (May 16, 2007) – After a Tuesday evening arrest, Assistant State Attorney Utpal Dighe’s employment terminated today. The 31-year-old attorney was arrested for purchasing and possessing marijuana in the Coconut Grove section of Miami at approximately 6:30 p.m.
“I am deeply disappointed in the decisions Mr. Dighe has chosen to make. As a prosecutor, one is sworn to uphold our criminal laws, not violate them. I cannot tolerate one of my prosecutors behaving as if their oath of office required no personal commitment to the law.” [Rumpole notes: Time to get a new press agent. There is no name attributed to this quote in the release issued by the State Attorneys Office. Just who exactly is so disappointed?]
Mr. Dighe had worked as an Assistant State Attorney since August of 2004, recently prosecuting criminal cases before Circuit Court Judge Spencer Eig. He had been the subject of disciplinary action in November 2006 for his failure to obtain necessary approvals when making a plea offer in a criminal case. [Rumpole notes: Ahh...there's the rub. Marijuana is one thing, but not following the chain of command in the army of Fernandle's Freedom Fighters (Motto: "We fight against freedom")....well , that is a high crime that cannot be ignored. Who was it who said "orders must be obeyed?"]
Utpal Dighe is charged with 1 count of the Purchase of Cannabis, a 3rd degree felony, and 1 count of Possession of Cannabis, a 1st degree misdemeanor.
A letter is being forwarded to Governor Crist requesting the appointment of a special prosecutor to handle the prosecution of the above drug charges.
Rumpole says: And what's even worse is that drug court diversion is not available because drug court is closed. Remember that scene in the movie The Hunt for Red October at the end where the embarrassed Russian Ambassador goes to the US National Security Director seeking help to locate a second submarine. And the National Security Director takes great pleasure in saying "you've lost another sub?"
Ms. Rundle.....You've had another prosecutor arrested? If this keeps up, you're going to have to find office space to accommodate all the special prosecutors assigned to prosecuting your prosecutors.
By the way, what if on the extremely slim chance the City Of Miami Officers arrested the wrong guy? We know the City of Miami rarely ever makes mistakes. But still....Ever hear of the presumption of innocence? Or has that gone the way of defense rebuttal closing arguments?
A suspension is warranted. But a finding and adjudication of guilt prior to arraignment? What is this...Broward? Not really the best way to stand behind your loyal employees is it?
By our abacus, that's at least three prosecutors arrested in the short time we have been running the blog. And the Dade PDs' keep humming along, fighting for rights, and managing to obey the laws of our fair State. Who woulda thunk it?
Judges get arrested for possessing marijuana. Prosecutors get felony arrests for buying marijuana. What's wrong with this picture?
1) That purchase of marijuana is a felony, is a joke. It's a waste of resources. Marijuana possession is an infraction in many parts of this country, yet a prosecutor finds himself the subject of a felony prosecution for what really amounts to possessing marijuana.
Isn't is about time we made possession of marijuana a civil infraction, and sale or purchase a misdemeanor? Do we need the valuable time of our circuit court judges
(-sound of Rumpole choking after saying something nice about a robed reader-) taken up with these kinds of cases?
Or- and we address this to our local Prosecutor who has a penchant for hiring people who violate the law- is it time to get "really tough on crime" and throw the book at this prosecutor?
Come on. Put your money where your mouth is. If purchase of marijuana is a third degree felony, how about 18 months prison followed by 2 years probation?
Don't give us that crap about it being a first offense. Do you really think this is the first time he purchased marijuana? Lets not forget that the federal guidelines have sentencing enhancements for individuals who abuse their position of authority when they commit a crime.
Or is it time to bring some reason and sanity into the world of crimes and prosecution?
See You In Court.
PS: What's the deal with Judge Eig? They give him one of those hidden courtrooms on the third floor that no one ever goes to, and we have yet to pick up a case in his division. It's almost like he's out of the loop and the blind clerk is not assigning him cases.
Tuesday, May 15, 2007
ANONYMOUS
The Broward Blog was the subject of several newspaper articles in he past few days. If you visit the blog by clicking on one of the links we previously posted, you can view the articles.
The main criticism by the Judges quoted in the newspaper articles, other than the comments from everyone's favourite comedian Uncle Dale, was that the anonymous comments tend to be extremely vicious. We have not perused the comments section of the Broward Blog at length, but the criticism gives us time to pause and reflect on our rules.
We favour anonymous comments because it gives attorneys the chance to lodge legitimate comments or complaints without worrying that the Judge may deny their next request for a continuance. However, we firmly believe that the comments need to be screened because of the potential vicious nature that anonymity can bring. We have no problems with someone commenting about a Judge in relation to their judicial demeanor or intellect. We do have a problem with someone taking out a decision or verdict that did not go their way by cursing a judge or attacking their family or other private matters. Therefore, to keep the blog on an even keel, we have adopted the policy of screening and not posting some comments. The comments we do not post are very few indeed. Perhaps one every other day. And when we do not post a comment we usually leave a comment explaining what we did and why.
This blog has been an amazing success. From nothing, we arose to become the place criminal lawyers in Miami turn to discuss a topic or event, or mourn the passing of a friend and colleague. We have had amazing discussions between top attorneys- who can forget Roy Black and Abe Laser discussing the case that made Miami burn in the 1980's?
Anyway, we think things are going well, but there's always room for improvement. What is your idea for making things better? We'd like to know. (Of course having Judge Dale Ross move to Miami to provide us an endless source of entertainment is something we would love, but for a variety of reasons, it is not likely to occur).
So beyond having Uncle Dale regale us with his witty yet witless ruminations on blogging, what else would you like to see on our blog?
See you in court.
The main criticism by the Judges quoted in the newspaper articles, other than the comments from everyone's favourite comedian Uncle Dale, was that the anonymous comments tend to be extremely vicious. We have not perused the comments section of the Broward Blog at length, but the criticism gives us time to pause and reflect on our rules.
We favour anonymous comments because it gives attorneys the chance to lodge legitimate comments or complaints without worrying that the Judge may deny their next request for a continuance. However, we firmly believe that the comments need to be screened because of the potential vicious nature that anonymity can bring. We have no problems with someone commenting about a Judge in relation to their judicial demeanor or intellect. We do have a problem with someone taking out a decision or verdict that did not go their way by cursing a judge or attacking their family or other private matters. Therefore, to keep the blog on an even keel, we have adopted the policy of screening and not posting some comments. The comments we do not post are very few indeed. Perhaps one every other day. And when we do not post a comment we usually leave a comment explaining what we did and why.
This blog has been an amazing success. From nothing, we arose to become the place criminal lawyers in Miami turn to discuss a topic or event, or mourn the passing of a friend and colleague. We have had amazing discussions between top attorneys- who can forget Roy Black and Abe Laser discussing the case that made Miami burn in the 1980's?
Anyway, we think things are going well, but there's always room for improvement. What is your idea for making things better? We'd like to know. (Of course having Judge Dale Ross move to Miami to provide us an endless source of entertainment is something we would love, but for a variety of reasons, it is not likely to occur).
So beyond having Uncle Dale regale us with his witty yet witless ruminations on blogging, what else would you like to see on our blog?
See you in court.
Monday, May 14, 2007
KEN FELDMAN OBITUARY
We have received several emails informing us that Ken Feldman's obituary was in the Philadelphia Inquirer and there is an on-line remembrance book that people can leave messages for Ken's family and friends. Try going to the Inquirer's website and looking for the obituary link, and you should be able to view it and leave a note.
Here is the link: KEN FELDMAN
We are not currently aware of any South Florida memorial, although we have been told that something is planned and when arrangements are finalized, we will post them.
Keep the wonderful comments coming.
Here is the link: KEN FELDMAN
We are not currently aware of any South Florida memorial, although we have been told that something is planned and when arrangements are finalized, we will post them.
Keep the wonderful comments coming.
Subscribe to:
Comments (Atom)