JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Friday, May 02, 2014

2014 CIRCUIT COURT RACES

Here are your Circuit Court Judge races for 2014:

Group 16: Tom Cobitz vs. Stephen Milian. 

Group 26: Christian Carrazana v. Judge Rodney Smith. 

Group 27: Mary Gomez vs. Al Milian vs. Joesph Perkins. 

Group 58: Oscar Rodriguez-Fonts vs. Martin Zilber. 

Group 67: (The shocker) Judge Fleur Lobree vs. Mavel Ruiz. 

Group 70: Veronica Diaz vs. Renier Diaz de la Portilla de elect-me-because-of-my name-por-favor. 

Judges Lobree and Smith  are the only incumbent judges in circuit court with opposition. 

Rumpole says
Politics isn't for wimps. Judge Lobree has a seat worth about a million bucks in salary, benefits, and pension. The only time she has faced voters in Dade County she was beaten. Badly. She may be a good judge. She may be very well qualified for the job. But as long as we elect judges, the Fleur Lobree's of the world will be low hanging fruit and will continue to draw opposition until they can successfully defend their seat. For every Lobree who might not deserve opposition, there is a Peter Adrian, who thankfully, was beaten and is no longer wearing robes and terrorizing defendants and lawyers. We don't like the election system, but we don't like the alternative to it. 

JUDGE GISELE POLLOCK ARRESTED FOR DUI
Troubled Broward Judge Gisele Pollock may have hit rock bottom with her DUI arrest yesterday. And it is not just a simple DUI. There was an accident and injuries. 
The JAA blog has the sad details and the links. 
Judge Pollock is the daughter of the late Justice Building legend Paul Pollock, so we have always had a fond spot for her. We hope she gets the help she needs. 


Enjoy another spring  weekend. 

HR. 

QUALIFYING DAY HAS ARRIVED - ELECTION 2014


RUMPOLE SAYS: 12:01.
THE EAGLE HAS LANDED!
WHO HAS OPPOSITION?

THE CAPTAIN REPORTS:

QUALIFYING DAY HAS ARRIVED .....

UPDATE ..... UPDATE ..... UPDATE

Oh, dear, the trials and tribulations of Fleur Lobree. 

Just before the clocked struck golden for all Incumbent judges, attorney Mavel Ruiz, formerly slotted to run in Group 70 (see below), dropped out of that Group and moved into Group 67 against Incumbent Judge Fleur Lobree.

ROLLER COASTER



Can you say roller coaster ride. If you are Fleur Lobree, you need a large dose of dramamine right about now. Our Blog readers have been big supporters of Her Honor. They know that she has been a member of The Florida Bar for nearly 22 years. She spent most of her time in the Appellate Division of the State Attorney's Office where she became a highly respected appellate attorney. Then she decided to throw her hat into the JNC interview process.

By all accounts, it went really well. I say that because she made it to the Governor's desk on her first try, for an open County Court seat, in 2011. In fact, Lobree was Governor Scott’s first judicial appointment in Miami-Dade County. Of course, getting appointed to an open seat means you have to run in the next scheduled election. So, now County Court Judge Lobree needed to win with the voters. She was hoping, of course, to draw no opposition, and earn a full six year term on the County bench. 

No such luck. With a name like Fleur Lobree, she was easy pickin’. Attorney Michele Alvarez Barakat filed against "Incumbent" Judge Lobree and proceeded to trounce her on election day. And we are not just talking trounce. We are talking Jaguars v Dolphins playoff game trounce; (62-7 if my memory serves me correctly). Lobree lost in the most lobsided judicial election (involving an Incumbent that lost) in Miami-Dade County history. The final score: Barakat 71% and Lobree 29%.

The story gets better. The Lobree v. Barakat contest was playing out during the summer election season of 2012. At the same time, there came an open seat on the Circuit Court bench. Lobree is no dummy, and realizing she was in the midst of a hotly contested election to retain her seat, she applied for the open Circuit Court seat.

Another interview with the JNC, and they still loved her. That’s because her name was again chosen and sent to Governor Scott. By the time Scott conducted the interviews of the six finalists, Lobree had already lost the August 2012 election to Barakat. She was scheduled to hand over her gavel on January 2, 2013. Amazingly, Scott again chose Lobree and this time Lobree was to become a Circuit Court Judge. So, in an amazing twist of events, the voters voted her out of a County Court seat whilst at the same time the Governor promoted her to a Circuit Court seat.

So, with her new Circuit Court gavel, she was back in business by March of 2013, after taking an unpaid 60 day vacation. This time, everyone warned Lobree. With that name, she needed to start campaigning early and she needed to start raising money early. Whatever she did, it didn’t work. Since getting reappointed in March of 2013, in a period of one year, she raised only $17,500 from 86 contributors. She did pluck down $100,000 of her own money in November/December of 2013.

Meanwhile, attorney Mavel Ruiz, was clearly playing cat and mouse. Ruiz filed for Circuit Court in Group 27, in September of 2013. In October of 2013, Ruiz jumped out of Group 27 and into Group 58. Ruiz jumped ship again, and on April 18, she switched to Group 70. Finally, at 10:52 AM this morning, she made her final decision. It was the one that Fleur Lobree did not want to hear.

We are not criticizing Ms. Ruiz for what she did. That is part of the strategy of winning elections. No candidate goes into a contested election wanting to lose. Ruiz followed the rules and did what she felt like she needed to do, in order to maximize her chances of winning. But, this is what you get, when you have contested elections instead of an appointment system. 

Now it is left to the voters to decide between someone named Fleur Lobree vs. someone named Mavel Ruiz. 

Predictions ?????

+++++++++++++++++++++++++++++++++++++++++

Attorney Marianne Salazar has withdrawn from the Group 46 race.  As for now, Judge Zabel is safe, and one hour from now, she likely will earn another six year term.

+++++++++++++++++++++++++++++++++++++++++++

JUDICIAL ELECTIONS 2014 

The clock is ticking and soon we will know who are the lucky Incumbents.  Lucky that they will not be forced to attend dozens of late afternoon and early evening fundraisers and give the same speech over and over again.  Lucky that they do not have to spend their entire summer trudging from Florida City north to Aventura; and from Miami Beach west to Sweetwater, and all the rest of this very cavernous Miami-Dade County.

At NOON today, as many as 32 Circuit and 7 County Court Judges will thank their lucky stars knowing that they are employed for yet another six year term.

Here is where we are as of close of business Thursday:

GROUP 16

Judge Leon Firtel is retiring.  TWO candidates have Qualified.  They include:

Thomas Cobitz
*24 years Florida Bar; criminal defense practice

Stephen Millan
*22 years FB; criminal defense practice; ran unsuccessfully in the past for Judge; 2006 lost to Karen Mills Francis in a County Court race; 2008 lost in a run-off to Yvonne Colodny in a three way race for a seat on the Circuit Court; (Pat Kopco was eliminated in the primary)

GROUP 26

Incumbent Judge Rodney Smith has drawn ONE opponent.

Judge Rodney Smith
*Judge Smith has been a member of The Florida Bar for 14 years. He was appointed to the Circuit Court by Governor Rick Scott, to an open seat, in July of 2012.   Before that, he was appointed to the County Court by Governor Crist in 2008.  He ran unopposed in 2010 to retain that County Court seat. In 2012, the Scott elevated him to Circuit Court.  This will be his first election at the Circuit level.  Smith previously served as an ASA, and an Assistant City Attorney for the City of Miami Beach before his appointment to the County Court, and then Circuit Court. 

Christian Carrazana
*13 years FB; he is an Associate at the law firm of Panter, Panter, and San Pedro. There, he is a trial and appellate attorney whose practice primarily focuses on first party insurance litigation. He specializes in representing healthcare providers and insureds who have had claims denied by various insurance carriers.

 
GROUP 27

Judge Ronald Dresnick is retiring.  THREE candidates have  Qualified.  They include:

Mary Gomez
*18 years FB; marital and family practice

Albert Milian
*26 years FB; criminal defense practice; ran unsuccessfully for State Attorney in the past.  2000 lost to KF Rundle; 2004 lost to KF Rundle after defeating Leslie Rothenberg in the Republican primary; Gary Rosenberg also lost in the general election as he ran as an IND.

Joseph Perkins
*Mr. Perkins has been a member of The Florida Bar for 6 years.  He graduated from Drexel with a degree in International Area Studies and while there interned for a US Senator and performed research for a US Representative.  He went to law school at Boston University and while there acted as a student attorney representing indigent clients in immigration proceedings. He currently works for the law firm of Garbett, Stiphany, Allen and Roza, practicing in the area of complex commercial litigation, with an emphasis on representing small and large businesses, banks and financial institutions, and governmental entities, including the Federal Deposit Insurance Corporation.  We reached out to Mr. Perkins back in January, (as you may recall) and asked him why he was running for Judge.  To read his unedited response, please go to the Tuesday, January 21, 2014 Blog Post to read Mr. Perkins open letter to our readers on why he feels he is more than qualified to run for Judge.

GROUP 46

Incumbent Judge Sarah Zabel has drawn ONE opponent.

Judge Sarah Zabel:
*Judge Zabel has been a member of The Florida Bar for nearly 21 years and she has been on the bench since 2003. She was first elected in the 2002 Election cycle. She entered a four way race against Alex Akpodiete, Xavier Cortada, and Raul Ordonez.  She beat Ordonez in a run-off.  She was re-elected without opposition in 2008. 

Marianne Salazar (Has not yet paid her Qualifying Fee)
*Ms. Salazar has been a member of The Florida Bar for nearly 17 years. She lists her office in Palmetto Bay, but the address appears to be her home address as well.  She lists her areas of practice as: Business, Child and Family, Civil Litigation, Commercial Litigation, Construction, Contracts, Corporate, Family, Finance and Investments, Health Administration.  As pointed out by several of our loyal readers, she is very active in the Christian Family Coalition of Florida.


GROUP 58

Judge Marc "SHU" Schumacher is retiring.  TWO candidates have Qualified.  They include:

Oscar Rodriguez-Fonts
*13 years FB; criminal defense and immigration practice

Martin Zilber
*25 years FB; Mediator; Councilman in Coconut Grove; Public Health Trust Member; In House Counsel to transportation companies; insurance defense; corporate and real estate

GROUP 70

Judge Sandy Karlan is retiring.  THREE candidates have Qualified.  They include:

Veronica Diaz
*Ms. Diaz had previously filed to run in County Court against Incumbent Judge William Altfield.  On 4/17/14 she filed papers to run in this Circuit Court seat.  Ms. Diaz has been a member of The Florida Bar for 11 years. Prior to working for the City of Miami City Attorney’s Office, she was in private practice with two law firms where she specialized in commercial and real estate litigation. Ms. Diaz joined the Office of the City Attorney in March 2007. Presently, she practices in the Transactional Division where she handles complex commercial transactions for the City, including construction and development, public-private partnerships and other general business matters. She also serves as counsel to various City boards.  We have twice reached out to Ms. Diaz and asked her several questions about her qualifications.  We told her that her response would be posted, unedited.  We have not had the courtesy of a reply email.

Renier Diaz de la Portilla
*6 years FB; Miami-Dade School Board 8 years; Florida House Legislator 2 years, 2000-2002; (ran again in 2012 and lost); Mediator;

Mavel Ruiz
*17 years FB; criminal defense practice


COUNTY COURT

GROUP 19

Incumbent Judge Jacqueline Schwartz has TWO opponents.

Judge Jacqueline Schwartz
*Judge Schwartz has been a member of The Florida Bar for 22 years.  In 2002, after ten years of practicing law, she ran against Eric Hendon and barely won beating him by less than 5,900 votes of the more than 237,000 cast.  She was re-elected without opposition in 2008. 

Rachel Dooley
*Ms. Dooley has been a member of The Florida Bar for 16 years and handles criminal defense and family matters.

Frank Bocanegra
*Mr. Bocanegra has been a member of The Florida Bar for 6 years.  After a career in law enforcement with the MDPD, he became an attorney in 2008.  He quickly closed his law practice.  He then became the Town Manager of Miami Lakes.  And, last year he applied to become the Village Manager in North Bay Village.  Now he wants to be your County Court Judge.

GROUP 36

Incumbent Judge Nuria Saenz has ONE opponent.

Judge Nuria Saenz
*Judge Saenz has been a member of The Florida Bar for almost 17 years.  For at least the past eight (of those 17) years she has been on the bench.  She was elected, unopposed in 2008.  We are checking our records and believe she was appointed to an open seat by the Governor in 2006.

Victoria Ferrer
*Ms. Ferrer has been a member of The Florida Bar for 6 years.  She currently works for the Law Firm of Neil Gonzalez.  She handles PIP cases, PI cases, and real estate matters.



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

Wednesday, April 30, 2014

JUDICIAL COUNTDOWN


We enter the final thirty six hours until the judicial races for 2014 are decided on Friday May 2, 2014 at 12:01 PM. 

On that date and time, the eyes of the free world (or at least a few hundred lawyers and judges) will be on this blog, as the Captain brings you up to date on the judicial races. 

Who has opposition? 
Who got a free ride?
We will have it all. 

The latest breaking news is that Judge Zabel drew opposition, supposedly from a lawyer with an agenda on a marriage case of some sort (gay marriage?). 

There have been a myriad of judicial receptions all over town this week, and your favourite robed readers who are up for re-election this year having been making the rounds, eating the brie, sipping a coke, and shaking hands.  

The constant contact with those who wear robes and those who want to was enough to send us to a long, hot shower, with  plenty of disinfectant soap. 

So stay tuned, as the news breaks, and some judges open the bubbly, while others roll up the sleeves of their robes and get to work campaigning. 

See you in court. 


Tuesday, April 29, 2014

THE NBA SHOULD DO NOTHING

BREAKING: THE NBA BANNED DONALD STERLING FOR LIFE

If you watched the news conference of the NBA Commissioner what you just saw was a gutless lynching to appease a public mob clamoring for Sterling's hide. 

What's that you say? That Sterling's comments were so awful he deserved what he got? Of course Sterling's  views on race are abhorrent. But you are missing the point, much like the comment of this misguided "professor" who left a comment:
Third, your "slippery slope" argument here lacks merit. You contend that if Sterling is punished, team owners could be subject to punishment for any political position they take, even those that are controversial in the public eye. The problem with your argument is that you ignore the fact that certain ideas or actions are so fundamentally and inherently wrong that they can be placed in a category extant from those you list (support for Obama care, etc.) For your position to be consistent logically, you would have to be saying that opposition to Obamacare is equally morally wrong as blatant racism. Are you intending to say that hatred on the basis of race is only as morally wrong as opposition to a healthcare program? Somehow, I suspect not.

Dear Professor: we assume you hold the Altruist/Statist chair of ethics at some local public school. 

"some ideas are so fundamentally and inherently wrong..." you write.
Oh really? According to who? You? According to the public? 

Like when the "public" incarcerated Japanese Americans during WWII just because they were Asian and the Supreme Court upheld  concentration camps for Americans? See, Koreamatsu v. US. 323 U.S. 214 (1941). 

Like when the public passed laws for the forced sterilization of mentally challenged adults, and the Supreme Court upheld the law? See,  Buck v.Bell, 274 U.S. 200 (1927), wherein Justice Oliver Wendell Holmes, writing for an 8-1 majority famously wrote "three generations of imbeciles are enough."

Like when the public clamored to prevent farmers from eating their own produce and the supreme court upheld that? See, Wickard v Fillburn, 317 U.S. 111 (1942)

In YOUR view, professor, with YOUR ethics, and YOUR determination of what passes for some ideas that are so fundamentally wrong, the NBA was correct to ban Sterling. 

And while I happen to agree with your view on racism, what if I don't agree with your view that the US is a Christian country? Or your view that women should not wear skirts above their knees in public. Or YOUR view that creationism is the correct science to be taught in schools. 

The fact is that speech is speech and ideas are ideas and whenever you appoint anyone to determine that there are some generally accepted set of ideas that "everyone agrees with", well, get ready for concentration camps and forced sterilization  and the imposition of Christian/Muslim/Buddhist morals on society. 

When you punish people for ideas, no matter how stupid and repugnant those ideas are, you are putting you faith in people like our Statist professor that what they find offensive you find offensive. 

We're not willing to roll the dice. We would rather the market place vote on Sterling's racism. 

See You In Court, where ideas matter. 





Donald Sterling, the octogenarian billionaire owner of the Los Angeles Clippers exploded across the news this past weekend as lurid details of his conversation with his (fifty some odd year) younger girlfriend were exposed in a tape of the phone call.

Now all NBA fans can be fully briefed on Sterling’s atavistic views on race and sex, which we will summarize for you thusly: his girlfriend can have black friends, she can even sleep with black men, she just cannot engage in the public disgrace of posting pictures of her with black men on her Instagram account, nor should she bring “those people” with her to Sterling’s Clipper’s home games.  Sterling’s comments harken back to an era when Americans of African descent were commonly referred to as “the blacks”. Think Archie Bunker, just with a billion in the bank.

We have a few thoughts. First, who would have bet that Sterling knew what Instagram was and could access it?

Second, make no mistake, Sterling’s views are repugnant and reprehensible.

Third: and the NBA should not do a damn thing about it. No fine. No press conference deploring his words. No suspension. Nothing.
Why? Glad you asked.

Sterling’s views fall clearly within the purview of the first amendment. Furthermore, these are his private views, expressed during an intimate (ughh, even the thought ruins our appetite) conversation with his half century younger girlfriend. If you want to publicly excoriate Sterling for being racist, why not also trash him as being a sexist? He is clearly paying for sex, or at least companionship, and last we heard, that might be illegal. Or not (www-date-a-millionaire- type websites abound).

Sterling has the right to his views. He has the right to play Deutschland Uber Alles before every Clipper’s home game and throw up a Nazi salute as well.  Sterling has the right to tell fans he loves Obama Care, or his has the right to say only rich white American men should get health care. And there’s the rub. Because the moment Sterling gets officially punished for his views on race, every other NBA owner runs the risk of having their support for Obama Care, or gay rights, or any other issue, punished for offending other league owners. And you don’t want to open that Pandora’s Box. It’s a mess.
The solution is simple. Let Sterling’s ideas meet the market place. Will fans now attend the games of an avowed racist team owner? What television station will offer a lucrative cable contract? What local businesses want to now be associated with the Clippers and buy luxury boxes from their moronic owner? Who wants to advertise on the Clipper’s radio broadcast of their home games? What business wants to buy advertising at the Clipper’s home games? What coach would agree to work for such an owner? What player would sign a free-agent contract with Donald Sterling?

Leave Sterling alone. Really. Leave him completely alone. He will be forced to sell the team within a few months as he loses his fan base, can't sign players or a coach, and can't sell advertising.  Then the NBA doesn’t have to wade into the morass of reviewing the political views of its owners and players.

See you in court.

Not to be sexist, but his GF does appear to be mucho exotic.  The benefits of being a billionaire.

Monday, April 28, 2014

I AM WHO I AM!

We received the following: 

Judge Will Thomas made a simple, powerful statement Saturday night at the Hotel Intercontinental. 
Honored by the Miami Chapter of the FACDL with the Justice Kogan award, Thomas stood before a packed and hushed ballroom of lawyers and judges, and without direct reference to his failed nomination to the federal bench, simply, powerfully, and with dignity sated : "I AM WHO I AM."

Judge Kathy Williams, who was Judge Thomas's boss at the Federal Public Defenders Office, gave the introductory speech where she did directly address her disappointment at not being able to speak at his inauguration to the federal bench.  

The evening was a great success. Recognition of the behind the scene work necessary needed to get the FACDL banquet off the ground and a resounding success goes to the incoming president Margot Moss.  But make  no mistake, Will Thomas stole the show. 

Rumpole says: We've had our differences with Judge Thomas. But his life story is remarkable. When you look around and want to really find a "self-made" man, look no further than Will Thomas, who pulled himself up from poverty, a single parent home (his father was killed in an automobile accident when he was a young child), and all of the other obstacles a young man from poverty faces. 

Judge Thomas is sometimes impatient, he sometimes gets frustrated with lawyers, he does not tolerate fools or incompetence lightly. He has shown us, however, that he is a man of conviction. He exemplifies the true definition of a judge: he does what he thinks is right, regardless of the pressures against his decision. He is brave in his convictions, stalwart in the face of criticism and pressure, and handled the political fiasco of his nomination with the dignity befitting the position he was nominated for, and more importantly, the dignity with which he lives his life.  

He is, indeed, who he is. 
And that is a good thing for all of us. 

Have a good week.

See You In Court.  




Friday, April 25, 2014

EARL MORRAL

Earl Morral, who came off the bench in 1972 when QB Bob Griese broke his ankle in the fifth game of the season and QB'd the dolphins to nine consecutive wins in the perfect season, has died. 

Morral personified the belief that there is no "I" in TEAM. 

FACDL BANQUET Saturday night. 
Alas, our invitation again failed to arrive this year. 

Some year....

Two of Scott Rothstein's BSO henchmen have been indicted. The Herald has the dirty details here. 


And Russia flexed it muscles at Papa New Guinea. The Russians have had it with the small country that speaks 848 different languages. Plus, Putin is crazy lately for Sabo grub. 

Enjoy your beautiful weekend. 

Thursday, April 24, 2014

JUDICIAL ELECTIONS 2014 - UPDATED

THE CAPTAIN REPORTS:

JUDICIAL ELECTIONS 2014 
UPDATED REPORT .....

On Tuesday, August 26, 2014, voters will go to the polls for the Primary Election of 2014.  Judges in contested elections will be on the ballot that day.  If a Run-Off is needed, that will take place on Tuesday, November 4, 2014.

This election cycle, 47 judicial groups are up for election; 38 in the Circuit Court and 9 in the County Court.

The deadline to file your papers and run for office is Friday, May 2, 2014.

Currently, of the 38 Circuit Court Groups, there are four contested elections.  Of the other 34 Groups, all 34 Incumbents have filed to run and NONE have OPPOSTION to date.

In the County Court, all nine Incumbents have filed for re-election and TWO of those Incumbents currently face opposition.

CIRCUIT COURT

GROUP 16 (UPDATED)

Judge Leon Firtel is retiring.  TWO candidates have filed.  They include:

Thomas Cobitz
*24 years Florida Bar; criminal defense practice

Stephen Millan
*22 years FB; criminal defense practice; ran unsuccessfully in the past for Judge; 2006 lost to Karen Mills Francis in a County Court race; 2008 lost in a run-off to Yvonne Colodny in a three way race for a seat on the Circuit Court; (Pat Kopco was eliminated in the primary)

Renier Diaz de la Portilla
*6 years FB; Miami-Dade School Board 8 years; Florida House Legislator 2 years, 2000-2002; (ran again in 2012 and lost); Mediator; (HAS MOVED TO DIVISION 70 AS OF 4/21/14).

GROUP 27 (UPDATED)

Judge Ronald Dresnick is retiring.  THREE candidates have NOW filed.  They include:

Mary Gomez
*18 years FB; marital & family practice

Albert Milian
*26 years FB; criminal defense practice; ran unsuccessfully for State Attorney in the past.  2000 lost to KF Rundle; 2004 lost to KF Rundle after defeating Leslie Rothenberg in the Republican primary; Gary Rosenberg also lost in the general election as he ran as an IND.

Joseph Perkins (UPDATED)

*Mr. Perkins has been a member of The Florida Bar for 6 years.  He graduated from Drexel with a degree in International Area Studies and while there interned for a US Senator and performed research for a US Representative.  He went to law school at Boston University and while there acted as a student attorney representing indigent clients in immigration proceedings. He currently works for the law firm of Garbett, Stiphany, Allen & Roza, practicing in the area of complex commercial litigation, with an emphasis on representing small and large businesses, banks and financial institutions, and governmental entities, including the Federal Deposit Insurance Corporation.  We reached out to Mr. Perkins back in January, (as you may recall) and asked him why he was running for Judge.  To read his unedited response, please go to the Tuesday, January 21, 2014 Blog Post to read Mr. Perkins open letter to our readers on why he feels he is more than qualified to run for Judge.

GROUP 58

Judge Marc "SHU" Schumacher is retiring.  Three candidates have filed.  They include:

Oscar Rodriguez-Fonts
*13 years FB; criminal defense & immigration practice

Mavel Ruiz
*17 years FB; criminal defense practice

Martin Zilber
*25 years FB; Mediator; Councilman in Coconut Grove; Public Health Trust Member; In House Counsel to transportation companies; insurance defense; corporate & real estate

GROUP 70 (UPDATED)

Long time Judge Sandy Karlan has elected to retire.  Two candidates have filed.  They include:

Veronica Diaz (UPDATED)

*Ms. Diaz had previously filed to run in County Court against Incumbent Judge William Altfield.  On 4/17/14 she filed papers to run in this Circuit Court seat.  Four days later, de la Portilla joined her in the race. 

Ms. Diaz has been a member of The Florida Bar for 11 years. Prior to working for the City of Miami City Attorney’s Office, she was in private practice with two law firms where she specialized in commercial and real estate litigation. Ms. Diaz joined the Office of the City Attorney in March 2007. Presently, she practices in the Transactional Division where she handles complex commercial transactions for the City, including construction and development, public-private partnerships and other general business matters. She also serves as counsel to various City boards.  We have twice reached out to Ms. Diaz and asked her several questions about her qualifications.  We told her that her response would be posted, unedited.  We have not had the courtesy of a reply email.


Renier Diaz de la Portilla
*6 years FB; Miami-Dade School Board 8 years; Florida House Legislator 2 years, 2000-2002; (ran again in 2012 and lost); Mediator; (HAS MOVED TO DIVISION 70 AS OF 4/21/14).


*If we have made any errors in the bios, I am sure our fine readers will point them out and correct us.

The following Incumbent Judges have filed and currently have no opposition:

Jerald Bagley
Beatrice Butchko
Marcia Caballero
Jeri Beth Cohen
Yvonne Colodny
Jorge Cueto
Abby Cynamon
Reemberto Diaz
Spencer Eig
Ariana Fajardo
Rosa Figarola
Alan Fine
Stacy Glick
Eric Hendon
Richard Hersch
Jacqueline Hogan Scola
Norma Lindsey
Fleur Lobree
Peter Lopez
Cristina Miranda
Celeste Hardee Muir
Orlando Prescott
Thomas Rebull
Jose Rodriguez
Maria Sampedro-Iglesia
Migna Sanchez-Llorens
Bernard Shapiro
Victoria Sigler
Rodney Smith
Daryl Trawick
Dava Tunis
Diane Ward
Sarah Zabel
Angelica Zayas


COUNTY COURT

GROUP 13 (UPDATED)

William Altfield
*Judge Altfield initially drew opposition from attorney Veronica Diaz when she filed on March 14, 2014.  On April 17th she switched races and she is now running for an open seat on the Circuit Court.

If you drop by Judge Altfield's courtroom right about now, you may catch him humming his best impression of Pharrell's number one hit.

GROUP 19 (UPDATED)

Incumbent Judge Jacqueline Schwartz NOW has TWO opponents.  Attorney Rachel Dooley has filed to run against her.  And now, attorney Frank Bocanegra has also filed to run against her.

*Ms. Dooley has been a member of The Florida Bar for 16 years and handles criminal defense and family matters.

*Mr. Bocanegra has been a member of The Florida Bar for 6 years.  After a career in law enforcement with the MDPD, he became an attorney in 2008.  He quickly closed his law practice, presumably unsuccessfully.  He then became the Town Manager of Miami Lakes.  And, last year he applied to become the Village Manager in North Bay Village.  Now he wants to be your County Court Judge.

GROUP 36 (UPDATED)
Judge Nuria Saenz now has an opponent. On April 21, 2014, attorney Victoria Ferrer filed to run against her. 

Judge Nuria Saenz
*Judge Saenz has been a member of The Florida Bar for almost 17 years.  For at least the past eight (of those 17) years she has been on the bench.  We are checking our records and have been unable to confirm if she took the bench prior to 2006?

Victoria Ferrer
*Ms. Ferrer has been a member of The Florida Bar for 6 years.  She currently works for the Law Firm of Neil Gonzalez.  She handles PIP cases, PI cases, and real estate matters.

The following Incumbent Judges have filed and currently have no opposition:

William Altfield
Donald Cannava
Betty Capote
Jason Dimitris
Carlos Guzman
Spencer Multack
Rodolfo Ruiz II


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

Wednesday, April 23, 2014

LUNCH AND LEARN

The lunch time CLE Seminar "Lunch and Learn" will be held this Thursday in courtroom 4-6 at noon.

A Judge will be presenting the topic. We're not making this up: Incompetency. Make of it what you will.

Incompetency means never having to say "I plead guilty".

COMING UP:

Thursday: The Captain reports on judicial elections. 

Friday: "Merciless" and "The Perversion of Justice"

Only on the best legal blog in the country. *




* In our opinion. 


Tuesday, April 22, 2014

BE NOT DECEIVED

"Be not deceived." 
That was the  concluding coda to Justice Scalia's first paragraph in his blistering dissent  in Navarette v. California to Justice Thomas's statist opinion upholding a traffic stop in California based solely on an anonymous and uncorroborated tip to 911 that a truck was driving erratically.

Scalia attacks the majority's recitation of the facts (that the tipster knew the truck was driving south on the highway) with a patented Scalia Sneer: "So what?"

The DUI practitioner will love this rant:

What proportion of the hundreds of thousands—perhaps millions—of careless, reckless, or intentional traffic violations committed each day is attributable to drunken drivers? I say 0.1 percent. I have no basis for that except my own guesswork. ...

Consistent with this view, I take it as a fundamental premise of our intoxicated-driving laws that a driver soused enough to swerve once can be expected to swerve again—and soon. If he does not, and if the only evidence of his first episode of irregular driving is a mere inference from an uncorroborated, vague, and nameless tip, then the Fourth Amendment requires that he be left alone.

(There's no doubt the good Justice missed an epic career as a DUI litigator).

To end his dissent, Justice Scalia just can't put down his cocktail:

The Court’s opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity: (1) that anonymous 911 reports of traffic violations are reliable so long as they correctly identify a car and its location, and
(2) that a single instance of careless or reckless driving necessarily supports a reasonable suspicion of drunkenness. All the malevolent 911 caller need do is assert a traffic violation, and the targeted car will be stopped, forcibly if necessary, by the police. If the driver turns out not to be drunk (which will almost always be the case), the caller need fear no consequences, even if 911 knows his identity. After all, he never alleged drunkenness, but merely called in a traffic violation—and on that point his word is as good as his victim’s.

Drunken driving is a serious matter, but so is the loss of our freedom to come and go as we please without police interference. To prevent and detect murder we do not allow searches without probable cause or targeted Terry stops without reasonable suspicion. We should not do so for drunken driving either.

Mr. Markus and I are engaged in an on-going debate as to whether Justice Scalia is a "friend" to the criminal defense bar. We concede today (and today only) , point Markus.

Monday, April 21, 2014

PLEA NEGOTIATIONS ARE NOT CONFIDENTIAL

JANE DOE v. USA ex Rel ROY BLACK, MARTIN WEINBERG, JEFFREY EPSTEIN. 

The Perlam doctrine;  Fed Rule of Evidence 410; A criminal investigation for sex crimes, a civil lawsuit by the victim; Ipse Dixit, this case has it all!

Look! Up in the sky. It's a bird. It's a plane. It's a decision by Judges Pryor and Martin with special guest judge Charlene Honeywell (MDFL) sitting by designation!

The upshot of lengthy (and pre$umably expensive) litigation is that plea negotiations between the prosecution and the defense are NOT privileged to third parties (the government cannot enter the negotiations into evidence in a criminal case). Read this case, and beware when corresponding with prosecutors, especially pre-indictment when the 6th amendment right to counsel does not attach:


Although plea negotiations are vital to the functioning of
the criminal justice system, a prosecutor and target of a criminal investigation do not enjoy a relationship of confidence and trust when they negotiate.  (Rumpole says: "trust"? Tell us something we don't know. Duh. ) Their adversarial relationship, unlike the confidential relationship of a doctor and patient or attorney and client, warrants no privilege beyond the terms of Rule 410.


You (defense) don't have a "cozy" relationship with the prosecutor. Whatever you discuss, send, email, text, or tweet them, they can disclose to other parties if requested (and approved by Judge Marra.) The only privilege you have is against them entering into evidence in their case in chief against your client. And we're sure government lawyers are hard at work on wiggling around that one. Perhaps the "if we don't admit it we'll lose" doctrine? 

"ANTHILLS OF SNITCHES"

We came across this opinion of Judge Roettger's in U.S. v. Sepe, 1 F. Supp.2d 1372 (S.D., Fla, 1998) and we thought part of it bears repeating:

This court is probably one of the few judges left who served as a U.S. District Judge more years before the sentencing guidelines than with the sentencing guidelines in full force and effect.
These problems frankly never occurred the court's first 15 years on the bench because the government didn't hold all the cards for people under sentence. Now the government holds the Rook Card: The Rule 35 Card. Only the government can file a Rule 35 motion. That Rule 35 option was snatched away from the defendant, and also removed from the jurisdiction of the trial judge.

In any event, in the 10 plus years since the sentencing guidelines went into full force and effect in the federal court system we have come to a situation where the institutions of  the Bureau of Prisons are basically anthills of snitches, each one trying to figure out how to work a deal whereby the government will bestow a “get out of jail early” card upon them in the form of a rule 35 motion.


Judge Roettger was old school. 

See You In Court. 

Sunday, April 20, 2014

HURRICANE CARTER HAS DIED

Rubin Hurricane Carter, a boxer from Patterson, New Jersey who almost became the middle weight champion of the world, has died in Toronto at age 76. Carter spent 20 years in prison, framed for a triple murder in bar. He was twice tried an twice convicted and twice had the convictions overturned for prosecutorial misconduct. 

Bob Dylan's great song tells you almost all you need to know. 





Denzel Washington played Carter in the movie. There is a scene (which we could not find on You Tube) where the police pull Carter and his friend over and say there has been a murder and they were looking for two black men. And Carter responds something like "and any two black men will do?

Just another story of the "greatest" justice system in the world destroying lives.  Any surprise that as soon as Carter was released from prison he immediately moved out of the United States? 

See you in court tomorrow. Oh yeah: Happy Easter. 





Friday, April 18, 2014

GOOD FRIDAY 4-18-14

Happy Good Friday this 4-18-14, which if you write today's date backwards, you get...4-18-14. 

"Now there was about this time Jesus, a wise man....He drew over to him both many of the Jews and the Gentiles...and when Pilate, at the suggestion of the principal men amongst us, had condemned him to the cross..."
Josephus, The Antiquity of the Jews (93 AD). 


State courts in Miami are closed. The Feds are open.
The Bronx is up. The battery is down. The people ride in a hole in the ground....

Enjoy your Easter Weekend. It's a fresh ham for us on Sunday, a bottle of wine, and watching the Ten Commandments on TV. 

Thursday, April 17, 2014

FAITH, HOPE, AND THE CUBS.

Happy belated birthday Nikita Khrushchev (born April 15, 1894).

NHL: You've waited all year for the hockey playoffs, and now they're here!

RE-HEARING:

A quick perusal of the 3rd DCA website reveals that Alex Michaels has filed a motion for a re-hearing.  Alex has Faith in the legal system. He just loooooves Judge Lagoa's dissent. And why shouldn't he?


A DISMAL EXISTENCE:
Mike Royko, the great Chicago columnist wrote:  "The Chicago Clubs, like life itself, are a losing cause. That's why we have cemeteries. And Wrigley Field."
In the last two seasons, the Cubs have lost 197 games.  And yet, something keeps making Judge Milt Hirsch watch, and root. Every spring Hope springs eternal for millions of Cub fans. Then reality sets in.  Like any good Cub fan, you have to admire the Judge's  faith and tenacity.

Faith and Hope. The tenets of our profession.

See You In Court.