WHO'S THE MOLE? AND FUN AT FDC

UPDATE: Retired County Court Judge Henry Oppenborn has passed away. The Obit is here. Those who practiced before Judge Oppenborn remember a wonderful, warm man who was the epitome of a Judge. He was dignified, fair, and considerate of all of those who appeared before him. Judge Oppenborn was a paratrooper who had active service in the Korean war where he received the Silver Star and the Purple Heart for being wounded in battle. Judge Oppenborn was awarded the Silver Start for bravery for leading soldiers to rescue his men who were wounded and being held at an enemy stronghold.

Judge Oppenborn started every court session by inviting (not requiring) all of those who appeared in court to rise and recite the pledge of allegiance. This was not some political ploy, but the genuine act of a good man who was a real American. He risked his life for his country and served our nation and our community and we are all the better for it. Rest in peace Judge Oppenborn.

UPDATE: We neglected to mention that our own Barry Wax was elected to something important at the FACDL conference at the Motel 6 in Orlando. Barry will be responsible for keeping the lights on for the FACDL conferences. Just kidding. His service and all the time consuming work all attorneys do for FACDL and NACDL is donated and serves an important role in protecting the role of criminal defense attorneys in our system.

ALERT: RUMPOLE MAKES A MISTAKE!!!! CHECK IT OUT BELOW.

DRAMATIS PERSONAE: Attorney Brittney Horstman who was stopped from entering FDC (that's the Federal Detention Center for our state court robed readers.)

Jay Weaver- Miami Herald Reporter following a "hot" story.

Brian Tannebaum, Miami attorney; bon vivant, and current present of the statewide Florida Association of Criminal Defense Attorneys.

First- Ms. Horstman's tale of woe: She attempted to enter FDC to see her client. The metal detector went off. Ms. Horstman was wearing a bra with wired support. She was denied access to her client. Ms. Horstman removed the offending underwear and cleared the metal detector, but she was again denied entry to see her client because at FDC their motto is " We live to make you miserable." and because she was now NOT wearing the bra that caused the problem in the first place.

Just to recap for our readers who work at FDC- Ms. Horstman could not see her client because she was wearing a bra and she could not see her client when she was not wearing her bra. See how easy that is?

Anyway, Ms. Horstman sent an email on the FACDL listserve which is a system where select lawyers can chat with each other though email. Or something like that.

Mr. Weaver wrote an article (the title of this post links to the Weaver article) on Ms. Hostman's umm...double dilemma.

And then along comes our intrepid FACDL MIAMI President SABRINA PUGLISI WHO SENDS THIS EMAIL:

Here is Mr. Tannebaum's email about the Weaver article:

STRIKE THAT- THE FIRST EMAIL WAS SENT BY CURRENT PRESIDENT OF THE MIAMI FACDL SABRINA PUGLISI. THIS IS OUR FIRST MISTAKE OF THE YEAR, OCCURRING ON JUNE 13, 2010.

You may have seen the article in Saturday's Herald regarding Brittney
Horstman's bra issue at FDC the Friday before last.

First, let me assure everyone that Jay Weaver is not a member of
FACDL-Miami nor does he have access to the listserv. The reason that he had
copies of the emails from our list is because a member forwarded the emails
to him. This is not acceptable. I remind everyone that our listserv is for
members only. We should not feel that what we write is being forwarded to
Judges, prosecutors, media, etc. The board will be looking into this matter
and I will advise with further information as I have it.

Secondly, as soon as I became aware of Brittney's situation, I advised
Kathy Williams. She contacted the new warden who personally looked into the
situation. The matter was promptly resolved.

Here is Mr. Tannebaum's email on L'affair la Bra:

While I agree these emails are meant to be kept within the membership, I think we've lost that battle. Jay Weaver is a fair and ethical reporter and wrote a great story.

I've had it with this FDC issue. That Kathy Williams has to remind them monthly, quarterly, or yearly that common sense should play a role in the administration of that facility, is disgraceful. I'm tired of the meetings, phone calls and memos all in the name of treating our colleagues with a little damn respect. Sometimes diplomacy works, and sometimes it doesn't. What happened to Brittney is pathetic, and we should all make clear that this bullshit, and it is bullshit, is unacceptable.

Now whomever is our little mole, go ahead and forward this to FDC, put it on Rumpole's blog, pass it out to your friends. If I have to wait 3 hours next time I go to see my client there, I don't really give a crap.

Rumpole says: What did we do? Why is Tannebaum taking a cheap shot at us?

We almost never reprint those charming FACDL Listserv chats which are usually something like:

"Does anyone have the Miranda cite memorized? I need it asap."

"Look it up yourself you lazy lummox."

"Can anyone cover my 8am in West Palm and my 8:30 in South Dade tomorrow?"

"Do it yourself jackass."

"Can anyone get me into Prime 112 this Friday night at 8?"

"Stop showing off."

"Did that Judge in Jacksonville overrule Marbuy v. Madison."?

"Yes."

"No"

"Please, I need to impress my girlfriend. Can you get me a table at 112.?"

You get the idea.

Anyway, Bras, moles, and defense attorneys who shed undergarments all in the name of protecting their clients. Isn't this fun?

OUR SENTENCING POLICIES

In the comments section someone wanted to know where we got our information on the rate of incarceration in the US versus other countries. The title of the post links to the NY Times article that has current statistics.

In our view the statistics in this article support our contention that the sentencing system in the US is severely broken and needs to be repaired.

From the NY Times:

The United States has, for instance, 2.3 million criminals behind bars, more than any other nation, according to data maintained by the International Center for Prison Studies at King’s College London.

China, which is four times more populous than the United States, is a distant second, with 1.6 million people in prison. (That number excludes hundreds of thousands of people held in administrative detention, most of them in China’s extrajudicial system of re-education through labor, which often singles out political activists who have not committed crimes.)

The United States comes in first, too, on a more meaningful list from the prison studies center, the one ranked in order of the incarceration rates. It has 751 people in prison or jail for every 100,000 in population. (If you count only adults, one in 100 Americans is locked up.)

The only other major industrialized nation that even comes close is Russia, with 627 prisoners for every 100,000 people. The others have much lower rates. England’s rate is 151; Germany’s is 88; and Japan’s is 63.

THE US IS A ROGUE STATE WHEN IT COMES TO SENTENCING.

It used to be that Europeans came to the United States to study its prison systems. They came away impressed.

“In no country is criminal justice administered with more mildness than in the United States,” Alexis de Tocqueville, who toured American penitentiaries in 1831, wrote in “Democracy in America.”

No more.

“Far from serving as a model for the world, contemporary America is viewed with horror,” James Q. Whitman, a specialist in comparative law at Yale, wrote last year in Social Research. “Certainly there are no European governments sending delegations to learn from us about how to manage prisons.”

Prison sentences here have become “vastly harsher than in any other country to which the United States would ordinarily be compared,” Michael H. Tonry, a leading authority on crime policy, wrote in “The Handbook of Crime and Punishment.”

Indeed, said Vivien Stern, a research fellow at the prison studies center in London, the American incarceration rate has made the United States “a rogue state, a country that has made a decision not to follow what is a normal Western approach.”

THE US SENDS MORE PEOPLE CONVICTED OF NON VIOLENT CRIMES TO PRISON THAN THE REST OF THE WORLD :

People who commit nonviolent crimes in the rest of the world are less likely to receive prison time and certainly less likely to receive long sentences. The United States is, for instance, the only advanced country that incarcerates people for minor property crimes like passing bad checks, Mr. Whitman wrote.

AND THE US LEADS IN LENGHT OF SENTENCES

Still, it is the length of sentences that truly distinguishes American prison policy. Indeed, the mere number of sentences imposed here would not place the United States at the top of the incarceration lists. If lists were compiled based on annual admissions to prison per capita, several European countries would outpace the United States. But American prison stays are much longer, so the total incarceration rate is higher.

Burglars in the United States serve an average of 16 months in prison, according to Mr. Mauer, compared with 5 months in Canada and 7 months in England.

ELECTION OF JUDGES PLAYS A ROLE IN HIGHER SENTENCES:

Several specialists here and abroad pointed to a surprising explanation for the high incarceration rate in the United States: democracy.

Most state court judges and prosecutors in the United States are elected and are therefore sensitive to a public that is, according to opinion polls, generally in favor of tough crime policies. In the rest of the world, criminal justice professionals tend to be civil servants who are insulated from popular demands for tough sentencing.

SUMMARY

Say what you want, but this much is clear: our criminal justice system sends more people to prison for a longer time than any other nation that employs a "western" style criminal justice system. We are considered a rogue state by most of Europe, and the average length of the average sentence for non violent crimes is truly shocking when considering most judicial systems do not incarcerate criminals for non violent crimes.

Bad news all around, unless you're in the prison industry.

See you in court, trying to make things a little better, one case at a time.

IN DEFENSE OF RUMPOLE

RUMPOLE DEFENDS HIMSELF: I am surprised that based on the level of experience and intelligence of our dear readers that no one gets my point: I AM NOT DEFENDING SCOTT ROTHSTEIN. His crimes are indefensible. I am criticizing the specific sentence in this case and our overall sentencing philosophy. What better vehicle than using a despised criminal to illustrate my argument?

There are multiple problems with this sentence, and the first problem is an issue I contend has not been refuted: where is the acknowledgement by Judge Cohn of Rothstein's cooperation? You talk about sending a message for his crime? First- I don't know that there are many lawyers in Miami have a chance to steal a billion and are considering it. The crime is an aberration. But I do know lots of clients (and one billionaire that I am representing in a federal investigation in another state who currently has fled the country) who have fled or are considering fleeing. What message does this sentence send to people who want to return and "do the right thing?"

Second: What most people are saying is that Judge Cohn gave Rothstein 50 with the foresight he is going to reduce it to 30 after the cooperation hearing because what Rothstein really deserves is 30 . That is not how the system is supposed to work. There is supposed to be truth in sentencing. If Rothstein deserved 30, give him 30. If his cooperation merits a reduction BELOW what he deserves, that is the way it is supposed to work. What is our famed Federal Blogger supposed to say to the next client of his who is offered cooperation and responds that he knows the judge will just give him a higher sentence on the front end so that his cooperation will end up being meaningless? That is what happened here.

Third: The real problem is that our judicial system sentences people on average to more prison time per crime than any other industrialized nation that has a fair judicial system. Look what we do to drug users with the minimum mandatory sentences. Lately there are articles of judges refusing to impose the min man sentences for drug trafficking - the problem is that their enlightened protests are twenty years too late. In one celebrated case Judge Jack Weinstein- a legendary US District Court Judge in the Eastern District of NY refused to impose a min man for a possession of child pornography case. Click here. And that case illustrates what I am trying to do here: It is downright impossible to defend Scott Rothstein or find anything good to say about someone who gets sexual gratification from pictures of children.

It his however possible to treat the criminal with fairness. Otherwise we lower ourselves to their level- exploiting the weak for personal gratification. It made a lot of people feel good to see Rothstein get 50. That doesn't make it right.

I agree Bernie Madoff needs to be in prison for the rest of his life. His crimes truly destroyed families who placed their trust and life savings in his care. Not so with Rothstein. Rothstein's money mostly came from Hedge Funds- although I agree he did screw up one lawsuit for which he used forged judicial orders to cover his tracks. But does that merit 50 years? A famous football player killed someone in Miami Beach recently with his car and received 30 days. Rothstein did not physically kill or injure anyone. Most of the loss was from professional investors who were either greedy, didn't do their due diligence or were part of the scam. There were others who were personally hurt. A 25 year sentence would have been sufficient punishment in those cases.

We sentence people to terms of years as if they don't really mean anything. Life in prison is hard, difficult, cruel, and in many places in the US, inhumane. Female prisoners who had open cases were being raped and sexually abused at the federal holding facility in Miami. Those responsible for those crimes deserve 50 years. And we all know that type of abuse is the tip of the iceberg for what occurs in our prisons. And for that we all bear the responsibility of turning a blind eye to the outrageous abuses in our penal system. You spend one day in prison and then let me know how easy it is.

All my critics can say in response (mostly) is that Rothstein is a jerk or a pig and got what was coming to him. No- he got more than what was coming to him. If he received 25 years in 1985 and got out today would that really and truly be an injustice? Do you think he would just saunter out of prison having lost a quarter of a century of his life with a smile on his face thinking it was all worth it?

Miami Judge Harvey Shenberg sold for $50,000 cash what he thought was the name of an informant who was going to be killed, and he got less than 20 years. Which crime more tarnished our profession?

Miami Judge Roy Gelber was selling appointments as fast as he could. He cooperated and got less than ten. It was an odious sentence and Gelber deserved much more. But he was rewarded for his cooperation. The system worked.

Other countries recognize the terrible impact a prison sentence has on someone. Their sentences are rational and reasonable. Ours are neither.

It's easy to trash Scott Rothstein and throw away the key. It's harder to look in the mirror and ask what are we doing to people in our justice system. It's the cases like the one Judge Weinstein had or the Rothstein case that helps us examine our morals and calibrate what justice really is.

Rothstein got slammed. It makes us feel good for the moment.

Justice was not done in that Ft. Lauderdale courtroom the other day, and there is a price to pay for that.

50 IS WAY TOO MUCH

UPDATE= Check out the mob mentality in the comments section as the vox populi screams for more blood, more flesh, and more time for Rothstein. It's just this type of mob mentality that an independent judiciary is supposed to protect us from.

As we all know by now, Federal Judge James Cohn sentenced former attorney-ponzi schemer Scott Rothstein to 50 years in prison. Rothstein turns 48 on June 10, 2010.

This sentence is way too severe. It was ten years more than the government asked for, and twenty years more than the defense asked for, and 30 years more than former attorney-ponzi schemer Marc Dreier received for his crimes in NYC. For more on what Dreier did- which in many ways exceeded Rothstein's crimes, click here.

Cohn seemed to justify the 50 year sentence by telling Rothstein's attorney that unlike the Dreier case, Rothstein forged and fabricated judicial orders. While it is true that Rothstein did that and much more, the forged orders do not justify an additional 30 years. Rothstein forged the orders way into the end of his Ponzi scheme, and the orders, which were extremely poorly written, did little to help Rothstein in the main part of his Ponzi scheme.

We don't diminish Rothstein's crimes. Rothstein was brought down by his hubris pure and simple. And along the way he stole, and delighted in flaunting his apparent financial success in the face of the legal community when all along it wasn't success but simple fraud that allowed Rothstein to live his extravagant lifestyle.

The best way to look at a sentence is to work backwards. Starting today, what would have been an appropriate amount of punishment for these crimes in the past? If Rothstein was convicted in 1990 and was released from prison today, would that have been sufficient? Or how about if he was sentenced in 1980, when Ronald Reagan was president and when personal computers and cell phones were gleams in engineers eyes- would that have been sufficient punishment? That would have been 30 years.

Or how about if he was sentenced in 1970 when Nixon was president and color TVs were an extravagance that not many could afford. Would 40 years in a federal penitentiary have been sufficient? Not to Judge Cohn. No, Judge Cohn felt that incarcerating Rothstein from 1960 until today would be appropriate punishment. That is just ridiculous.

Prison wrecks most people. Mr. Rothstein will lose his wife. His parents will die while he is in prison and he will not be able to attend their funerals. His daughter will grow up and have a life and family of her own and he will not be a part of it. And all that punishment could have been accomplished by sentencing Rothstein to 25 years. Where will you be in 2035? Mr. Rothstein will be in a federal penitentiary, half way through his sentence.

Rothstein had over 15 million dollars in cash and assets with him when he fled to Morocco, which doesn't have an extradition treaty. And yet Rothstein chose to return. What message does this sentence send? It sends a message that our justice system imposes vengeance, not justice. Rothstein cooperated with the government to the extent that the prosecutor called his cooperation extraordinary. And Judge Cohn sentenced Rothstein to a sentence guaranteeing that Rothstein will die in prison. What would Cohn have given Rothstein without cooperation? 70 years? 80 years? Like that makes a big difference.

Judge Cohn's sentence was excessive by almost any yardstick that free and enlightened societies use to measure justice and punishment. The sentence bespoke of pandering to the mob, which enraged by Rothstein's extravagant lifestyle, has been demanding "the max." Cohn sentenced Rothstein as if he felt personally offended by Rothstein forging the signature of his colleagues. This 50 year sentence has all the earmarks of vengeance, and little semblance to justice.

A sentence should be a just imposition of punishment. A sentence should not be a sham to be adjusted downward at a later time. It is improper for Judge Cohn to sentence Rothstein to 50 years with an eye towards adjusting it downward to 30 years at a later time. If Rothstein deserves 30 years, he should have received 30 years, and then later received the benefit of his cooperation. That is how the system is designed to work.

It takes a lot to make us or anyone sympathetic to a criminal scam artist's plight.

50 years is a lot of time.

See You In Court.

YOUR TAX DOLLARS AT WIORK

THIS IS BIG NEWS.

So big, that we're just soooo excited. Or....hmmm...how can we put this?

We're all atwitter at this exciting news. ( Steady now)

The 11th Judicial Circuit....our lovable Judiciary.... IS ON TWITTER!!!!!

Yes, if you just can't get enough of your favourite robed reader in court, now you can follow their musings on Twitter.

We know you can't wait, so click here, and sign up for the 11th Judicial Circuit Twitters!!!

AND EVEN MORE GREAT NEWS.....

We we're just overjoyed to learn that the Clerk's Office has a new and improved website.

Check it out here.

We have just a couple of small problems:

Under "Top Searches" is listed "Criminal and Civil Infractions".

The plain english of the website (top searches) and the link (criminal and civil infractions) is such that an unsophisticated user would be led to believe that looking for criminal infractions or civil infractions was a top search on the site.

Instead, the link actually takes you to the part that criminal practitioners use most- search for FELONY cases (not infractions).

This needs to be cleaned up. A simpler interface might say "Search Criminal Felony Cases" for example.

In fact, when you click on the link that says "Criminal" under "Courts and Records" there is no interface to run a case number. Most family members of clients will probably be diverted away from where they want to go (running a case number to see the next date) and directed to the "Criminal" link which gives some basic information like how to get your case expunged and your bond back. And that's putting the cart before the horse if you ask us.

All in all, we give Clerk Harvey Ruvin and his merry band of bureaucrats a strong "gentleman's C" for his new and improved website. Better....but still a long way to go.

ELECTION PUN:

If current trends hold and Senator Blanche Lincoln of Arkansas wins the Democratic Primary and upsets the challenger everyone was predicting would win- Lt. Governor Bill Halter, will the headlines read "Lincoln removes Halter" ???

See You In Court, all Atwitter over the exciting news.

ELECTION DAY TUESDAY

Before we get to the races across the country, a little local business.

The final piece of the Scott Rothstein puzzle was filed yesterday as the Government, through former Dade ASA Larry LaVecchio, asked for 40 years for the Ponzi-Schemeing attorney. The Government's sentencing memo is here.

As David O Markus points out on his blog, the sentence is a starting number, as Rothstein can reasonably expect a 33% reduction for his pre and post arrest cooperation. So a thirty year sentence becomes....hmmm.. give us a sec (carry the two, 5, 9...) .....roughly twenty years or so.

NOT SO FAST MR. WAX.

As several alert readers pointed out, although Brian Tannebaum has been elected President, Barry Wax is standing for election for Treasurer and Sergeant at Arms, and has not yet been elected, although we bestowed a victory upon him yesterday.

However, we hope our mistake was only a predictor of future good things to come. Run Barry Run!!.

PRIMARY TUESDAY:

Today is primary election day in several states across the USA and here are the races we're watching:

Arkansas Dem Senate run-off: Senate Blanche Lincoln is fighting for her political life as Lt. Gov. Bill Halter is posed to make Lincoln the third sitting senator this primary season to lose her party's nomination. Lincoln has had former Pres. Bill Clinton in Arkansas all weekend criss crossing the state on her behalf, but as this race shows, the powerful unions carry more political clout than Clinton currently does in his home state. Look for Lincoln to lose decisively.

Nevada Republican Senate Primary: Three people are running for the right to challenge senate Majority leader Harry Reid in the fall. Reid has firmed up his base in recent weeks and is polling as a winner against any of the candidates, but look for Tea Party newbie Sharron Angle to nip the two other candidates, one of whom is UNLV Coach Jerry Tarkanian's son.

In California two female former CEOs are poised to become the Republican challengers for Governor and the Senate. Note that former California Governor Jerry Brown is the Democratic Nominee for Governor. When Brown was Governor of California from 1975-1983, he pushed through the most progressive and expansive changes to the building code for new business related buildings. The US spends 40% of its energy on heating and cooling business establishments and 35% of its energy on transportation. Because of Governor Brown's foresight over 30 years ago, California - believe it or not- leads the nation in energy conservation outside of transportation.

GOODBYE ANA.

The JAA Broward Blog has this piece on the goodbye party for Judge Ana Gardiner:

Low judicial turnout - from what we're told, few Broward judges showed up for Gardiner's "Retirement Party". Stalwart gal pals Ilona Holmes, Susan Lebow, Mily Rodriguez-Powell, and Marina Garcia Wood were reportedly on scene, as were campaigners Jack Luzzo, Peter Skolnik, and Jay Hurley. The only other judge we heard about was John Frusciante, who is about to retire and set up shop as a mediator. The crowd was mostly comprised of civil lawyers, including many from Cole, Scott & Kissane. Howard Scheinberg's lawyer, Bruce Lyons, was also in attendance. Another shameful day for Broward, when a judge resigns in disgrace, and they throw her a party which other judges attend.

Rumpole says: We have nothing good to say about former Judge Gardiner. And that being said, we think the last line was a cheap shot. Let her go in peace and let her friends say au revoir.

That's it for now. Have a great Tuesday. See You in the polling booth.

RUN RUMPOLE RUN

UPDATES BELOW

Good morning. Today is June 7, 2010, the start of the second REGJB trial week in June.

For those of you following the "Baby Lollipops" re-trial, the trial starts next Monday - June 14, 2010 before Judge Reemberto Diaz. The trial is State v. Ana Maria Cardona, and the young boy who was murdered was 3 year old Lazaro Figueroa. Edith Georgi heads the PD defense team.

DAY OF DAYS PLUS 1.

66 years ago today Allied soldiers in Normandy, France had moved inland off the beaches of Normandy and the vicious "hedgerow" fighting that would mark the second phase of the invasion would begin in full force. In Ste. Mere-Eglise, which had been taken by the 82nd Airborne in a nighttime drop on June 5-6, the Germans counterattacked with mortars. From the WWII history website on the counterattack:

Pvt. Jack Leonard of the 82nd was in a foxhole that took a direct hit. His stomach was blown away. His last words were, "God damn the bastards, they got me. The hell with it."

Perhaps the fiercest fighting of the day was at the La Fiere bridge and causeway over the Mederet River. The Germans needed the bridge to counter attack the landings at Utah Beach, and the Americans needed the bridge to move armor off the beach and sweep through the Cotentin Peninsula and eventually to the Port of Cherbourg. The 82nd held the bridge; the Germans, about 400 meters to the east held the small town of Cauquigny; and 400 meters east of Cauquigny 100 paratroopers of the 507th PIR regiment under the command of Lt. Colonel Charles Timmes took up a position in a fruit orchard destined to be known as "Timmes' Orchard." To the east of Timmes' position was nothing less than the entire 91st Luftland Division heading to secure the bridge at La Fiere. This was the stage for the savage attacks and counterattacks that began on June 7 1944 and lasted for the rest of the week. 82nd Airborne Lt. John J. Dolan gave this famous message to his men when ordered to hold the bridge: "I don't know of a better place to die." When it was over, the Americans held the bridge and the causeway and the reinforcements flowed over the Mederet River into France.

WE'RE NUMBER 1!!

Florida's 382 mile stretch of I-95 is the most deadliest highway in the nation, with 1.73 fatal accidents per mile from 2004-2008.

I'M SO SORRY UNCLE (JIMMY) ALBERT:

In case you missed it over the weekend, here is the Scott Rothstein "I can't believe I was so stupid and greedy" letter to Judge Cohn. The letter is on Scribd courtesy of The South Florida Lawyers. And not to be outdone, since Fed Court is his milieu, David O Markus with a K posts the sentencing memo filed by Rothstein's attorney here.

THINGS ARE GETTING NASTY:

Last week on the FACDL listserve, Broward Attorney Talitha Leacock posted a question seeking advice on a warrantless search of a vehicle. Ms. Leacock wrote, inter alia,

Specifically, I am looking for the following:

(1) Recent caselaw on point that states searching a vehicle subsequent to a traffic stop, absent consent or any other exception to the search warrant requirement, is unlawful and any evidence seized should be suppressed.

(2) Recent caselaw on point that states stopping a vehicle for a traffic stop, observing a clear plastic cup full of liquid, and a Defendant admitting to having a drink of alcohol after work is not sufficient to search a vehicle without consent or other exception to the search warrant requirement and any evidence seized should be suppressed.

Enter famed Miami Appellate attorney Nancy Wear who, drawing upon her years of legal experience wrote this email, reprinted in its entirety here:

Nancy Wear

to Talitha, FACDL-Miami

Here is my guidance: Open a Law Book!!!

Whereupon the floodgates of "can't we all get along?" emails ensued as FACDL members rushed to take up various sides of the contretemps.

Eventually Jude "The Hammer" Faccidomo, FACDL Treasurer and Sergeant at Arms, took time out from his busy day to send this email from his I-Phone:

Please do not respond to Ms. Wear or Ms. Leacock. This issue will be handled off-list.
Jude M. Faccidomo, FACDL Treasurer
Sent from my iPhone.

And with the Faccidomo sitdown pending, that ends that.

THE WEEK AHEAD: Speaking of the FACDL.....

There's a changing of the guard at the FACDL in Orlando this week, as our own Brian Tannebaum takes over the presidency of the statewide organization. Congratulations to Brian!

Brian's platform for his candidacy was a promise to focus more on dues and meetings. Just kidding. The FACDL does a lot more than that- and hopefully someone will write in and tell us what it is.

UPDATE: And shame on us for neglecting to report that our own Barry Wax is being installed as Treasurer and Sergeant at Arms for Statewide FACDL! Congrats to Barry as well.!!!

Just like President Obama had the banking crisis to deal with before actually taking the oath of office, Mr. Tannebaum has the "Wear/Leacock" crisis to occupy his time before being sworn in.

UPDATE!: A presidential memo- Brian Tannebaum responds to the "Wear" crisis, in the comments section!

Well, that's enough for any Monday. We're back in town after posting a surprisingly respectable time in the Susan Koman Race for the Cure DC run.

See You In Court. We're the ones looking just a bit fitter these days.

NEWS FOR THE WEEKEND

Good Saturday morning and here's the news you need heading into the post Memorial- Day holiday weekend.

We're in our Nation's Capital for the 21st running of the Susan G. Kormen Global Race for the Cure® where according to Mike Allen's Playbook post, over 41,000 people will participate, including 3,500 cancer survivors, and many from South Florida's legal community, possibly including you know who.

Today is Saturday June 5, 2010- 66 years ago today President Roosevelt addressed the nation to announce the liberation of Rome by allied forces. Meanwhile huddled in a bunker in England, Supreme Allied Commander Dwight D Eisenhower was giving the final go ahead for the invasion of France, which commenced with airborne troops parachuting behind Nazi lines on the night of June 5, 1944.

As we face an unprecedented ecological threat to our nation, we need a little bit more of the leadership and old fashion American "can do" spirit that saved the world in 1944.

After our post yesterday, it's amazing how many robed readers and their supporters privately emailed us to let us know that THEIR nickname was "The Terminator" based on how many cases they could close, and that we blew it yesterday with our post. This issue bears more investigation so......we'll be baaaack!!

On Monday the Supreme Court will issue the final decisions for cases argued during the 2009-2010 term. Monday will also mark the official end of Justice John Paul Stevens 35 years of service on the court. Whatever the future makeup of the court, our nation and our legal community was blessed to have a man of such integrity, intellect and dedication serve.

The SCOTUS blog will have breaking coverage of the decisions on Monday as they are announced.

From a man of dedication and integrity to a man with none: Scott Rothstein is due to be sentenced by Federal District Court Judge "Gentleman" James Cohn on July 2.

Here is Rothstein's letter of apology to Judge Cohn, courtesy of Bob Norman's Daily Pulp.

Norman broke the Rothstein story and remains the "go-to"journalist on all matters Rothstein.

DCJ POLL RESULTS:

47% of readers want the policy at the jail to return to the way it was- any attorney can see any inmate at any time.

15% of you like the new policy, while 14% of you want it to be open season only on PD clients.

31% of readers want Judge Adrien stationed outside the jail so that he can personally review requests to see inmates on a case by case basis.

And for those of you counting at home, the poll allowed readers to select more than one answer, meaning that the entire enterprise is statistically flawed and was done for entertainment purposes only.

See You In Court (yes, we'll be back by Monday).

QUICK FRIDAY UPDATE

Today is a travel day for us, so until we land, unless the wifi is working on the plane, here is a quick update:

Judge Reemeberto Diaz, who still could care less about what a county court judge thinks, is presiding over the re-trial in the tragic "Baby Lollipops" homicide. A jury was selected Thursday. Updates as this trial progresses.

And Judge Jacqueline "The Terminator" Schwartz is rotating down from North Dade Justice Center (Motto: leave us alone") to take over the County Court spot of Judge Joe Fernandez who is moving to Judge Soto's division in Circuit Court. They tell us that they call Judge Schwartz "The Terminator" for her ability to move a calendar and get rid of cases. But we quickly admit this is double or triple hearsay at best- meaning it's good enough for a conviction in Federal Court, but otherwise not reliable.

ERRATUM: several alert readers have informed us that Judge Jacqueline Schwartz will be re-locating from the Coral Gables courthouse, of which everyone knows their motto is "Don't bother us while we're at lunch at Christys." Sorry for the inconvenience, but as we have said before, what the hell do we know about county court? Obviously not much.

That's it for now.

See You in the Magic City.

DRILL BABY DRILL

Here is Sarah Palin talking about "environmentally safe and friendly" off shore drilling during the Presidential campaign.

Here is Sarah Palin today reminding the liberal environmentalists why she always wanted to drill only in safe on-shore sites:

Xtreme Greenies: see now why we push 'drill,baby,drill' of known reserves & promising finds in safe onshore places like ANWR? Now do you get it?" the former Republican vice presidential nominee wrote Tuesday evening on her Twitter account.

The woman is an arrant liar.

There is a reason why John McCain isn't President today. And part of that reason was his choice to put that woman one heartbeat away from being the most powerful person on earth.

Scary, isn't it?

OUT OF ORDER

The people who maintain and repair the REGJB escalators decided that on a Tuesday following a Monday holiday was the perfect time to shut down the escalator from the first floor. Of course chaos (not pictured) ensued.

The escalator repair company blamed the snafu on the company that advises them on repairs: BP.

However, other than the escalator shutdown, the day ran rather smoothly as we reported in our update yesterday. Kudos to Judge Slom and the County Court judges for carefully managing their calendars and not over scheduling a slew of cases for Tuesday.

Speaking of BP.....

As BP works on "Plan Q" this disaster is only going to get worse. We have no concept of the far reaching impact this disaster will have on our planet. Only time will tell.

COMING TOMORROW: THE SUPREME COURT SAYS TO REMAIN SILENT----YOU HAVE TO SPEAK UP. AND GUESS WHICH JUSTICE THAT OUR DAVID MARKUS SAYS IS A GREAT FRIEND TO THE CRIMINAL DEFENSE BAR VOTED WITH THE MAJORITY?

That Judge being wheeled out on a EMS Gurney in Broward on Friday was retired Dade Judge Richard Yale Feder who has been pitching in to cover the calendars of the departing and scandal ridden (and now former) Judge Ana Gardiner. (Hat tip JAA Blog.) A slight blood sugar problem was fixed and Feder was back at it "Dade Style" in the afternoon. Go get em Judge!

In Defense of Israel:

For over half a century Israel has always survived by being smarter than its enemies. Israel could never be bigger than those who threatened its existence. So being stronger meant being smarter. Not this time. Israel was out maneuvered and it was a classic trap. If Israel couldn't see this public relations nightmare coming from a thousand miles away, then something is seriously wrong with their political and military leadership.

But lets remember this incident for what it was: a publicity stunt. The attempt to try and run the blockade and resupply Hamas in Gaza was a classic "win/win" operation. Run the blockade and celebrate the resupply mission. Be intercepted by Israel- and become international martyrs.

The loss of life in this stunt is regrettable. But no less regrettable than the Israeli loss of life when Hamas was mercilessly shelling Israel in 2007. Where was the international outcry then?

The Palestinians are a tragic people. Disavowed by the Hashemite Kingdom of Jordan which at one time was 50% Palestinian, and thrust as pawns in the terrorists battle against Israel, first by the PLO and now by Hamas, the Palestinians are the real losers here. No one speaks up for the Palestinian children and their innocent families who didn't choose the terrorists who claim to speak on their behalf. When Israel attacks Gaza, it's innocent Palestinian families who are caught in the cross fire and die. When Hamas strikes back, it's innocent Israeli families who die from the rockets. See the pattern here? Innocents die while the politicians and their armies wage a century old war. Enough is enough. But until reason returns to the Middle East (and maybe reason has never really been there) Israel has the right and indeed the obligation to protect its citizens. And if that means intercepting ships trying to run the blockade so as to make sure the cargo doesn't contain weapons or WMDs, so be it.

Like the oil spill and our aging escalators, the Middle East just gets worse and worse.

BACK TO WORK TUESDAY

TUESDAY AFTERNOON UPDATES: Al and Tipper Gore call it quits after 40 years of marriage. Look what John Edwards started.

The lines to the REGJB were surprisingly short and misdemeanor calendars were mostly manageable. Lets give credit to Judge Slom and his County Court Judges who apparently planned and worked hard to make the schedule today manageable. According to reports, Judges Louis Krieger Martin and Joe Fernandez had the smallest calendars while Judge Miranda had a larger calendar, but in her defense we hear she is working her way through a large backlog of cases.

We highly recommend the BBC coverage of the incident where Israel boarded vessels bound for Gaza. Israel is quickly being isolated on this, and more ships are heading for Gaza. What do they do now? Stay tuned.

Good Tuesday Morning! It's the first working Tuesday of 2010 June.

Today is June 1, 2010, the 152nd day of the year. There are 213 days remaining. In 1792 Kentucky was admitted to the Union. In 1812 James Monroe asked Congress to declare war on our UK and last year General Motors filed for bankruptcy on this date.

How were the lines into the REGJB this AM? Send us your pictures so we can harass Judge Slom. It's been awhile and it's on our to do list.

ANOTHER DAY- ANOTHER JUDGE IN BROWARD ACTING LIKE AN ASS:

From Bob Norman's Daily Pulp comes this tidbit about the racial insensitivity of County Court Judge Peggy Gehl. We've just about run out of adjectives to describe the Broward Judiciary so we'll leave it to you dear readers. Post your best adjectives in the comments section and we'll choose a few.

During her birthday party last year in a jury room, Judge Gehl needed a light for the candles on her cake, according to Finkelstein. She turned, naturally, to Jamaican-American assistant public defender Ghenete Wright Muir and said, "You have a light." Muir said, no, actually she doesn't. Gehl said that she must have one because she smokes. No, I don't smoke, said Muir. "Yes, you do smoke, because you have dreadlocks," Gehl told her.

The DBR coverage of this outrage is here which also includes Gehl screaming at a defendant "Go back to Jamaica" when his lawyer asked her to withhold adjudication on a matter so his immigration status would not be jeopardized.

Rumpole shakes his head in wonder: The stupidity and insensitivity of the encounter really has us speechless. We wouldn't expect this type of thinking in the average citizen, but then we remember it's Broward and this is a Judge we're talking about, so really why are we surprised at all?