Football 2019 Week One

We're not going to do this every week because of a busy schedule, but for week one, here's some tips to earn a bit extra for the pub this weekend:

Your Miami Dolphins are going to have a tough year. It's like having a client with three cases in ROC court. Not much good going on. But Rumpole specializes in making lemonade from lemons, and the way to play the Fins is UNDER. Ravens at Fins, Under 40.5. LOSS Who expected the Fins to be this bad? We did. See our comment in the prior post about not winning a game until Tiffany Trump is president. 

Titans at Browns. We are not ready to hop on the Browns bandwagon just yet. Take the Titans +5.5 and look for 6. WIN. NOT EVEN CLOSE.Browns just not that great. 

The Tampa Bay Buccaneers are not a team you hear much about. Get ready. Their HQ Bruce Arians is a QB whisperer, which is why Rumpole drafted the hurler for TB and we like the hometown Bucs giving one against a way overrated 49'ers team which, in a few weeks from now will be saying about their QB "what have we gotten ourselves into????" LOSS

Lions at Cardinals. Always bet UNDER against a rookie QB making his first start. Under 46. LOSS

Steelers at Cheaters. Under 46. Don't see a lot of Offense here either way and the Cheaters may have the best CBs in the league, so teams are going to have to run the rock, and that means slow, low scoring games.  And AB isn't eligible to play tonight. WIN

Gints at Cowpokes. Long time and careful readers of the blog know we have made a small fortune betting against the Cowpokes. But today we like the Gints even less. Sorry Eli, we love ya. Those two spankings you gave the cheaters in the SB are something we will never forget. But it's over Johnny. Take Dallas -7 at home. BIG WIN NOT EVEN CLOSE 

SURVIVOR POOL COMING SHORTLY 
UPDATES: 
1) ERATTA: The Hon. Judge Faber appealed his pick of the Fins. The record reveals undisputed evidence that Faber in fact picked the Ravens. Appeal Granted. Reversed and remanded with instructions. 

Robin Faber	Tue, Aug 27, 8:48 AM (13 days ago)
to me

Week 1 pick = Ravens over Dolphins

2) Weisman and Grieco are in with the Saints. 

No one came close to hitting the Bears/Packers total, which shows how hard it will be to earn a week pass this year. 
If anyone knows Mr. Weisman, he is the only one who has not made a pick. Also, people can email us before the 4pm game, before the 8pm game, and even before the MNF game and enter the pool with their pick. 
Clay Kaeiser, a Chicagoan went with his heart and not his head, and is the first out this year. 
UPDATE: Richard Baron, Judge Faber, Real Fake Former Judge all take heart breaking first week losses. Baron had the Jets, who had the game into the hand until a topsy-turvy fourth quarter put the Bills ahead for good. 
Meanwhile, No Weisman pick. He's down to the Sunday night game or one of two MNF games. 
UPDATE: Weisman picks Saints for MNF

Survivor Week 1 by Anonymous X2glnmuma on Scribd

FOOTBALL 2019 PREDICTIONS

Football is back. As is our custom, we give you some predictions that you can bank on, ending with our super bowl predication and our lock sold 100% guarantee SB coin flip that will allow you to double your money, guaranteed. 

So here are our  predictions and why your 2019 Miami Dolphins will win the Super Bowl. *

1) The NFC championship game will be the Saints at the 49'ers. Long shot: Packers at San Fran

2) Ride the Seahawks all the way to the playoffs. But no further.

3) Avoid the Rams. 

4) The Cleveland Browns will... win about four games. There are some certainties in the universe. You cannot exceed the speed of light. Energy cannot be created or destroyed, only altered. Broward has  a very unfair court system. And the Cleveland Browns cannot be successful. It will upset the order of things if the Browns become winners. Schrodinger's cat will not just live, it will bite you. Mike Satz will order a case against an innocent man dismissed. Trump will admit he is liar. Fox News will endorse Bernie Sanders for President. These are some of the improbable things that would occur if Cleveland is successful. 

5) The Cowboys will stink. Bet against them every week except week one. 

6) Patrick Mahomes is the real deal. So are the Chiefs who will be in the Super Bowl this year.  KC beats long shot Titans in AFC Championship game is our long shot prediction. More likely, in a repeat KC beats the Cheaters. 

7) J...E....T....S... Jets Jets Jets are better than you think. 

8) Remember the NY football Giants and Eli Manning? Neither do we. 

9)  Antonio Brown is listed in the Robert Muller report. Really. 

10)  With the First Overall pick in the 2020 draft, the Miami Dolphins select....

11) The Cincinnati Bengals will fumble the coin toss at least once. They may also never win a game until Tiffany Trump is President. 

12) Overrated: Lions, Vikes, Bears, Browns, Ravens, Falcons, Texans, Rams, Cheaters.  

13) Going to have a bad year and everyone knows it: Miami, Bengals,  Raiders,  Giants, 

14) Might surprise ya: Jets, Jags, Seahawks, Jameis Winston and the Bucs, Bills and the Titans.

15) Bill Belichick doesn't have a reflection in a mirror. 🧛🧛This explains most of it. 

16) Your next Chairman of the Federal Reserve....Antonio Brown. 

17) POTUS is impeached by end of year. Senate goes into recess until after election as Mitch McConnell stages a sit-in at the Capitol while his aides bring him nourishment from McDonalds every day.


* Not really. 

HAGUE RETURNS

In an "Ali like" return to the ring, Judge Andy Hague (Ret)., has returned to his roots, soon to be joining the Dade County State Attorneys to begin where he left off- Gang Prosecutions. 
All things come full circle in life and law. 

Judge Hague joins his colleague Judge Brennan (Ret) at the SAO, where there is no truth to the rumor that their offices are secretly referred to as "chambers." 

Longtime and careful readers of the blog may recall that Judge Flor Lobree, currently of the 3rd DCA returned to the SAO when she lost an election. Things seemed to work out for her.

What's going on over there? Is there free lunch? Is it the parking, or do men and women just swoon over a badge? 

In any event, Judge Hague was a great prosecutor, and Dade County is lucky to have him back working to keep our County safe. 

STUFF AND SURVIVOR POOL

We don't understand this. Don't you just electronically file a motion. And what's a "JAC motion?" 

And the best part of the training is many of the observant Jewish lawyers are free that day because it's a holiday that they do not work on. Well done JAC (or whomever)!




"Objection Judge! We filed a JAC motion and the court granted it in part, and the testimony about the hidden fruit in the valise is clearly covered." 

MENTORS: We also do not understand this. Is it substance over style? Or vice-a-versa?  How do you moderate mentors? What in the Sam Hill is this? BUT, and this is a big BUT...."Coffee AND dessert will be served" so count us IN.  

Mentors by Anonymous X2glnmuma on Scribd

SURVIVOR POOL
Hop in. The water is warm (global warming and all).  How hard can it be? Just pick one winner every week, no spread. Colts over Chiefs? You got it. Once you use a team, you cannot use them for the rest of the year. 

Email us Howardroark21@gmail.com to sign up. 
Big cash prizes (not). Admiration of the legal and football community (yes). 

COURTS TO RE-OPEN & SURVIVOR POOL

UPDATE: Court's on Wednesday will have two(2!, count em) calendars for lawyers to choose from. One from column A; One from Column B. Calendars for Tuesday AND Wednesday will be available to litigate your case. Judges will have the opportunity to showcase that blazing intellect that got them their appointment. 

Filling out their name correctly on the Federalist Society application helps. Extra Credit: "Describe the philosophical  altruist-collectivist implications in the Supreme Court's decision in Wickard v. Filburn, 317 U.S 111 (1942)." 
OK, that's asking too much, but surely "judge can we handle my motion for discovery set on Tuesday's calendar?" should be within most robed-readers grasp. 

Courts are re-opening tomorrow- Wednesday. We can all share our hurricane near-miss stories. 
We were lucky. But we will not always be lucky. The fact is statistically Miami will be hit by a hurricane the size of the one that devastated Puerto Rico two years ago. And we are not ready by any stretch of the imagination.  The damage will be incredible. And Miami will suffer. Sorry, but the truth must be faced. Miami Beach will be swamped. And the large new towers built will be blasted apart by the wind. 

SURVIVOR POOL
Speaking of fun times, it's that time of year again. The award winning, earth shaking, news making, Viagra taking, legendary E-Street Band  Blog Survivor Pool.  ((c) Rumpole 2019, all rights reserved. ). 

First NFL Game is Thursday night, AND we have our first contest to win a free week pass. Besides sending us your pick for the week, feel free to send us the exact total for the Bears/Packers Thursday night game. You need to hit the exact total to win a week pass in the survivor pool. For example, if the Pack beat Da Bears 20-10, the total is 30. 
You can use the pass whenever you wish. 
Send an email to Howardroark21@gmail.com to register for the 2019 survivor pool. And while you're at it, send a pick for the week and a total for the Thursday night game, and have fun. 

HURRICANE DORIAN

UPDATE #3. Dorian has edged north of West Palm, but remains spinning mostly in place just off-shore. Courts remained closed Tuesday, and will reopen Wednesday assuming it doesn't spin back on itself. 
This was Ivan in 2004:

UPDATE#2  First. The storm has slowed down, but it has not yet turned. Like waiting for a judge at an 8am calendar who is late- everyone is watching the clock. 
Second. An unnamed altruist wants us to publish the Court Emergency Number: 305-349-7777. In the future, when the danger is past, the number is useful for a host of reasons. "Hello. Emergency Operations? I'm waiting on a jury on the fourth floor of REGJB, and the M&M's are stuck in the vending machine. Please send help." 

UPDATE: Schools closed in Dade and Broward and West Palm for TUESDAY. Dade and Broward have announced COURTS ARE CLOSED TUESDAY. The SDFL website says they tie the closure of courts to the closure of schools. With WPB, Dade and Broward schools cerrado, federal court is also closed Tuesday. 

Hello this is Rumpole. I have put aside for the moment the arrogant, royal persona that our readers find so maddening yet endearing. The "smarter than you" posts and comments , although we are in fact smarter than 99.9% of you (no one said this was going to be easy). 

Hurricane Dorian is a massive, dangerous storm. Hurricanes are very unpredictable. If you Google hurricane paths, you will see storms stopping and doubling back on themselves. Hurricanes wobble as they approach land and they can veer fifty miles north or south in the blink of an eye-wall. 

Because of our anxiety, there is a natural fixation on the hurricane paths and cones, and relief when the cone shifts so that we appear to be out of danger. Make no mistake that until this storm dissipates, we in South Florida are not out of danger, cone or no cone. 

The email from Broward County announcing that court will open on Tuesday was complete folly. The storm has slowed, and by Tuesday, at best, 50-100 mile winds could well be hitting Ft. Lauderdale. Not exactly the type of weather lawyers and clients should be out in. We are hopeful they will rescind that order. But being Broward, they are as unpredictable as hurricanes. 

Many of us can still vividly remember the feelings of being huddled in a closet and watching our roof fly away as Andrew slammed into South Dade. And recall that days before Andrew hit, it was predicted to strike North Broward. 

So please, listen to us. Continue your preparation. Put up your shutters, or take your family and leave for a few days. Have water and some dry food and candles and a battery operated radio ready to go, 
We want Dorian to miss us. We see the cone shift and we immediately relax. But last night (Saturday-Sunday) the cone shifted south again. In the last three days the south end of the cone has gone from covering  the middle keys to being on the Dade Broward border. 

We are not in the clear and we will not know for sure until the storm misses us and dissipates. 
Until then, please stay safe. 
We like having a lot of readers. 

Your obt.  svt. 
H. Rumpole, Esq. Blog Proprietor. 

BROWARD OPENS COURT FOR TUESDAY

Broward County powers that be (not a group of people we ever want to meet) have announced Court will be OPEN Tuesday.  Their reasoning is "once a hurricane turns, it NEVER turns back." 
Yeah, right. 

Miami-Dade has stated they are still worried about tropical disturbance Andrew and haven't made a decision yet. Plus they also cited the uncertainty of the Gulf War. 

Stay tuned. 

BETTER LATE THAN NEVER

FANTASY FOOTBALL DRAFT TOMORROW 5PM.  A few spaces are left. 

"Dewey beats Truman" it is not. 

But here is the crack 11th Judicial Circuit, right on top of things, sending an alert Friday evening, 6:30 pm.

Wait!  What is coming? When? How did I miss this? 

(h/t an amused public employee) 

NEW CIRCUIT JUDGES

Call them the "Hurricane Dorian Class" of new circuit judges. And they are, in no particular order....

GINA BEOVIDES 

LAURA SHEARON-CRUZ

MARLENE FERNANDEZ-KARAVESTOS

AND WILLIAM ALTFIELD. 

We know two of the four new judges. We have long advocated for Judge Altfield to be promoted from county court to circuit court, based mostly on his stellar career as a prosecutor in Miami. 
We also know Judge Shearon-Cruz, whose rise from county to circuit court was much quicker. 

We wish all of these judges well. And we leave them with our standard blog warning. 

Do your best. 
And don't do anything stupid that lands you on the blog. 

PS. Hurricane wise, Channel 7 says we are doomed. 

PSS  As per Judge Sayfie (Motto: "A good administrative Judge would make a GREAT chief judge")  weekend bond hearings are currently set to proceed as scheduled. If you're a judge and given B/H's for Saturday or Sunday, well...read between the lines and work on your people skills. If you're an attorney, charge for transportation by water vessel. 

HURRICANE SEASON

UPDATE: Hurricane D (any resemblance to any sitting federal judge in the Southern District of Florida is purely unintentional) is now a Cat 1 on the way to Cat 3 (for what these terms mean in relation to your impending demise, read below) because it missed the mountains on the Island of Hispaniola. It now looks like it could strike Daytona Beach or northward. For those of you excessively fond of cheesy beach front bars serving beer, wings and sweet tea, sorry. 
Also, we have included our Hurricane supply list, which every prepared citizen should have. See below.

August means Hurricane season. It also means the influx of a brand new set of assistant public defenders and assistant state attorneys, many of them from places like Oklahoma, Indiana, Illinois, where hurricanes are as understood as arroz con pollo. So because we are where young lawyers turn when they have questions, we herewith present Rumpole's Everything You Wanted to Know About Hurricanes but were Afraid to ask.

What is a Hurricane?  A hurricane is a cyclonic tropical storm that forms in the Atlantic Ocean usually between June and Novermber. It is characterized by a low barametric pressure and a cyclonic action that forms an eye. 

Can You Use Nuclear Weapons to stop a Hurricane Forming? 
Only if you are North Korea and the hurricane forms over South Korea. Otherwise, this is a moronic question that an idiot that lives at 1600 Pennsylvania Avenue recently asked and answered during the Eisenhower administration. 

What is the Saffir-Simpson Scale?  It is a method of characterizing the strength of hurricanes from 1 to 5 with 5 being the highest. It is also utilized with the Cone-Of Death and Channel 7 (see below). 

What is the Cone-of-Death?  In the mid-1980's Home Depot needed a way to induce panic buying of plywood and bottles of water. At that same time Channel 7 in Miami needed to boost ratings during hurricane season. It was like Martin meeting Lewis. 
Out of the needs of many the Cone-of-Death was born. The Cone is a totally unscientific way of predicting where a hurricane will be within the next few days. Anyone within the Cone-of-Death needs to panic and they need to panic NOW. In conjunction with the Cone-of Death is the Modified Saffir-Simpson scale as applied by Channel Seven in Miami: 

Cat              Possible Outcome

One             Possible death. Go immediately and buy 200 gallons                         of water 

Two           Probable death that can only be avoided by standing 
                  in line to buy sixteen sheets of plywood. 

Three        Near certain death. Buying a hundred flashlights 
                            and accompanying batteries may help. 

Four          You're dead and you just don't know it. If you have a                           moment scurry over to someone standing in line to buy                     wood and tell them Andrew was worse. 

Five           Total Protonic Reversal. Try to imagine all life as you   
                   know it stopping and instantaneously every     
                   molecule in your body exploding at the speed of light. 
                    Standing in line to buy wood and water and batteries                         will make you feel braver when facing Total Protonic                        Reversal. 

Rumpole's Hurricane Supply List:

1 Candle. 
2 Bottles of Rum.
1 Flashlight. 
2 Bottles of CasaAmigos Tequila which is absolutely the most smooth tequila we have ever imbibed. 
2 Extra packs of batteries for the flashlight. One lighter for the candle. 
1 Battery Operated Radio.
1 Bottle of Bullet Bourbon.
1 pack of energy bars.
A few apples and bananas and some bags of chips. 
Ice, Ice and more ice. 
A jug of water. Some grapes. 
1 Edition of Ehrhardt's Evidence. When the power is out and you cannot sleep in the heat, this will put you out. Better than Ambien. Safer too. Judges obviously will not be reading such nonsense so for them we recommend the collected letters of President Trump, Vol.I, or Mike Pence's new book: "Moral Courage. How to stand up for your Principles and never compromise even when offered the second most powerful office in the world." (Really). 
1 Roll Toilet paper. 
1 Novel: The Picture of Dorian Gray, for obviously ironic reasons.
One Magic Marker (black) to write on the boards covering your windows "F U Dorian" or words to that effect. Also "send help" or "We are not Puerto Rico, don't abandon us." You get the idea. 

SURVIVOR

It's that time of year again. The sky gets a deep blue. Cones-of-death appear on channel seven. Home depot sells enough wood to negatively affect the Amazon (which is burning out of control, and which Republican Preachers who run the EPA and various government science offices tell us is completely normal and prayer will quench the devil's fires. It has NOTHING to do with global warming. It's a Smokey-the-Bear- "Only you can prevent Amazon fires" moment) and hope springs eternal with Dolphin Quarterbacks named Ira or Ernie. 

RUMPOLE'S JUSTICE BUILDING BLOG'S AWARD WINNING, EARTH SHAKING, JUSTIFYING, DEATH-DEFYING, 
FOOTBALL SURVIVOR POOL. ( (c) Justice Building Blog 2019 all rights reserved). 

To play: Send an email to Howardroark21@gmail.com (yes a new email address for the football pool) and write in the body of the email: 
1) who you want as chief Judge; OR 2) Cueto's order- yea or nay; OR 3) (for you robed readers who cannot opine in public on issues 1 or 2) Dolphins over/under five wins for the year. 
That's it! You're in. Then every Sunday before the 1pm Kickoff send in your pick. Pick one team every week to win outright. Once you pick that team you cannot use them for the rest of the year. No point spreads. 
New this year: ONE PASS. One week you can pass and not make a pick and survive.  Use it once, and use it wisely. Want a second pass? During some weeks we will post a challenge to pick the exact score total of the MNF game. Nail the total, get a second PASS. 
Enjoy. 

FANTASY FOOTBALL:
12 TEAMS- 9 PLAYERS SO FAR. Shoot us an email if you want in and think you can defeat last year's champion who was...hmmm...oh yeah- Rumpole!

AUGUST IS THE HOTTEST MONTH

Couple of things on our plate. 
The first is that if it's August, then the REGB is populated by well dressed, fresh-faced, eager new lawyers from the SAO and the PDs wandering around, wide-eyed, ready to make their mark in the criminal justice system. We welcome them and will have more to say shortly on these pages that your supervisors have explicitly told you that you are now allowed to read at work (while they do it). 

OIL AND WATER DO NOT MIX 

Neither do criminal defense attorneys and police officers, especially in the morning whilst scrambling for parking. Then the powers that be separated the two factions under the "separate but equal parking doctrine" that has yet to be overruled by Brown v Board of Parking. 

But there are cracks in the plan, and police cruisers have been spotted in the segregated section of the parking lot.  We're getting a flood of emails and pictures. Attorneys are up in arms, which is never a good thing, although most of them do not practice civil law, so the lid is still on the volcano, but not for long. 

Heed our warning. This will not end well. 

"But it's an ill wind blaws naebody gude"

Rob Roy, Sir Walter Scott. 

B MINUS FOR CREATIVENESS 

REVENGE OF THE JEDI TRIBE

Civil law. Gotta love it. Cases do not die. They just get appealed and re-litigated. 
Just when you thought the Miccosukee/Lewis Tein contretemps was over, comes your friendly neighborhood 3rd DCA, reversing the order of the trial court which denied attorneys fees. 
So now L&T, which no longer exists, is on the hook for much wampum. 
Note that L&T bringing in the big guns at Colson Hicks did little to save the day on appeal. 

Lewis Tein Appeal by Anonymous X2glnmuma on Scribd

SCATTERED LIGHT

The doldrums of August shall not dissuade the courier of the Constitutional Calendar from the swift completion of his appointed rounds. (Go to 421 Eighth Avenue, Manhattan, and look up). Because we are not alone in disliking ado, we present this edition of Judge Hirsch's Constitutional Calendar without further of the subtance no one likes. 

On August 21, 1790, George Washington wrote a letter to the Jewish community of Newport, Rhode Island.  The quality of Washington’s prose reminds us how much we have lost in American public discourse.  More importantly, his obviously heartfelt expressions of religious tolerance make clear that America, unlike the principal nations of Europe, really meant to be that place in which every man might “sit in safety under his own vine and fig tree and there shall be none to make him afraid.”  I am not ashamed to say that, as an American Jew, I cannot read this letter without a tear coming to my eye.  Here’s the letter:

Gentlemen:

While I received with much satisfaction your address replete with expressions of esteem, I rejoice in the opportunity of assuring you that I shall always retain grateful remembrance of the cordial welcome I experienced on my visit to Newport from all classes of citizens.

The reflection on the days of difficulty and danger which are past is rendered the more sweet from a consciousness that they are succeeded by days of uncommon prosperity and security.

If we have wisdom to make the best use of the advantages with which we are now favored, we cannot fail, under the just administration of a good government, to become a great and happy people.

The citizens of the United States of America have a right to applaud themselves for having given to mankind examples of an enlarged and liberal policy — a policy worthy of imitation. All possess alike liberty of conscience and immunities of citizenship.

It is now no more that toleration is spoken of as if it were the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights, for, happily, the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens in giving it on all occasions their effectual support.

It would be inconsistent with the frankness of my character not to avow that I am pleased with your favorable opinion of my administration and fervent wishes for my felicity.

May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants — while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.

May the father of all mercies scatter light, and not darkness, upon our paths, and make us all in our several vocations useful here, and in His own due time and way everlastingly happy.

G. Washington

CUETO'S REPORT BASHES BAR

When dog bites man, there is no headline. 
But when Judge Bites the Florida Bar, there is. 

Long rumored, much discussed, and the subject of a torrent of emails and comments to publish the Mueller Cueto report,  we present it for your review.  Have at it. 

The Florida Bar (motto "We'll get you my pretty and your little  dog too"). 
doesn't look good here.  Attorney Ramon Rodriguez vindicated in the Lewis/Tein/Miccosukee mess which has resulted in disbarment for other lawyers.  

Amended Report of Referee - Cueto by Anonymous X2glnmuma on Scribd

FIVE MIAMI DADE JUDGES CHARGED BY JQC .......

THE CAPTAIN REPORTS:

THE JQC VS. FIVE MIAMI DADE JUDGES .....

Intrepid Miami Herald reporter David Ovalle, recently returned from climbing Mount Kilimanjaro, breaks the story.

The JQC filed formal charges against five Miami-Dade Circuit Court Judges, including: (the FSC Docket can be found here).

Judge Cindy Lederman (Retired), represented by James Blecke
Judge Rosa Figarola, represented by David Rothman
Judge Marcia Caballero, represented by Joseph DeMaria
Judge Teresa Pooler, represented by Andrew Berman
Judge Mavel Ruiz, represented by Brian Tannebaum

All five judges were, at the time of the allegations, assigned to the Unified Children’s Court. According to the factual findings of the JQC:

"The Florida Department of Children and Families ("DCF") routinely contracts with private companies to administer its programs throughout the state. In some instances, these contracts are worth millions of dollars." ... "In March of 2018, DCF initiated a competitive procurement process to award the contract to become the "Lead Agency for Community Based-Care for the Southern Region of Florida-Dade and Monroe Counties" ("Lead Agency")." ... "The competitive procurement process used to select a Lead Agency, known as an Invitation to Negotiate ("ITN"), requires companies to submit proposals to DCF who then selects which company should receive the contract." ...

"The contract was potentially worth upwards of $500 million dollars, over five years."

"In March 2018, when DCF began the ITN process, a non-profit business called Our Kids of Miami-Dade and Monroe, Inc ("Our Kids, Inc.") held the contract, and had served as Lead Agency for the last several years. Only two companies participated in the ITN: Our Kids, Inc, and Citrus Health Network, Inc (also a non-profit corporation)."

The JQC learned that, the five charged judges (along with Judge Maria Sampedro-Iglesia and GM Steven Lieberman), signed a letter authored by Judge Lederman, written to the Department of Children and Family Services (DCF), suggesting or implying that Our Kids, Inc. "is the favored provider of the 11th Judicial Circuit, and that the court will work only with Our Kids, Inc.".

Judge Sampedro-Iglesia resigned on April 28, 2019 and was not part of the JQC inquiry.  GM Steve Lieberman was not part of the inquiry as the JQC has no enforcement authority over General Magistrates.

The JQC and all five judges have filed a Stipulation with the Florida Supreme Court where all of the judges have admitted to the violations charged by the JQC. While there are several Canons charged, (the Investigative Panel determined that probable cause existed that the Respondents had violated Canons 1, 2A, 2B, 4A(1), 4A(2), 4A(5), and 4A(6) the Florida Code of Judicial Conduct.), the gist of the violations is that the judges were advocating for one vendor (Our Kids, Inc) over another and using the prestige of their positions to do so.

The FINDINGS AND RECOMMENDATIONS OF DISCIPLINE (which can be found here) stated the recommended penalty for all five judges as follows:

"The Commission therefore finds and recommends that the interests of justice will be well served by a written public reprimand of the Respondents by publication of an opinion."

Now it is up to the Florida Supreme Court to decide whether to accept the Findings and Recommendations filed by the JQC.

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

RUMPOLE ADDS THIS COMMENT RECEIVED WHICH IS RELEVANT:

Anonymous said...

Let's not go nuts here. This appears to have been a well meaning "whoops" moment. The judges are humans too.

"the Commission believes it is important to note [in] its findings that the Respondents[] were not motivated by any corrupt intent or design. The Commission believes that the intent was to protect the interest of the children and families served by DCF."

See page 8 of the Findings and Recommendations of Discipline. https://efactssc-public.flcourts.org/casedocuments/2019/1377/2019-1377_miscdoc_354669_findings202620recommendation.pdf

MURDER MYSTERY AND POLITICAL INTRIGUE

Jeffrey Epstein Murder Mystery: The plot thickens. No conspiracy theorists we, but a Rumpolian look at the evidence yields the following: 1) Mr. Epstein was taken off of suicide watch two weeks before his death when his attorneys told officials at MDC that the injuries to his neck resulted from being attacked by a murderous thug (former police officer) cell mate; 2) Epstein's last cell mate was removed from his cell a day before his death. In violation of procedure, he was left alone in his cell; 3) The corrections officers did not check on Epstein  for hours before his death. Two of three officers on duty were not actual corrections officers but other employees trained to fill in when needed; 4) The day before his death Epstein was reported to be in good spirits and telling his lawyers he felt the 2nd Circuit would order his release and that his double jeopardy motion would be granted. He told his lawyers he was looking forward to seeing them the next day; 
AND NOW THIS: 
The NY Times reports today here  that the Medical Examiner has currently listed Epstein's death as "unclassified" AND that the hyoid bone in Epstein was fractured. Long time and careful readers of the blog know that in his younger days Rumpole liked nothing more than a good murder and developed a bit of expertise in the manner and method of untimely deaths. While Hyoid bones are known to fracture in suicide hangings, especially in individuals over sixty, they are almost always fratured when death is caused by strangulation. Indeed the fracture of the Hyoid bone is a signature event in a strangulation (something a young medical examiner was forced to admit during an uncomfortable hour under the cross examination by your blogger many years ago in a successful murder defense in a galaxy far far away).

Former US Attorney for the Southern District of New York Preet Bharara tweeted shortly after Epstein's death that there should be a full video of Epstein killing himself. He should know. To date there has been no discussion of the video. Does it exist? Have people, including the ME seen it? If the ME has seen it, there would be no reason not to classify the death as a suicide. 

Rest assured that Rumpole is taking a second and harder look at Mr. Epstein's demise. 

JUDGE FABER NEW ADMINISTRATIVE JUDGE FOR CRIMINAL COUNTY COURT
That white smoke you saw in the hallways of the REGJB recently wasn't some santeria ritual. It was the signal that the Judges had decided that Judge Robin Faber, long head of the jail division of county court, a blog reader and blog Fantasy Football participant, will don the scarlet robes (not really, but they do it in England and should do it here) and take over as head honcho of the criminal county court judges. Talk about a thankless job! And he has big shoes to fill with Judge Sam Slom retiring on Halloween. 

JUDGES VIE FOR CHIEF JUDGE SPOT
For reasons not entirely clear yet, Judge Soto will not be up for chief judge of the 11th Judicial Circuit (Motto: "Call us Dade-County, not Miami or Miamahh por favor") when her terms expires in about a year (the timing is also not clear yet). To be clear, we did NOT say she is retiiring from the bench, only that she cannot (or has decided not to)  stand for another term as Chief Judge. 

Two candidates have thrown their electronic hats into the ring via email: Judge Nushin Sayfie, currently chief Judge of the felony criminal dvision, and Judge Scott Bernstein, recently honoured with a judicial award. 
Predictably the fault line has appeared between criminal and civil. 
You think the democratic presidential nomination is hotly contested? To quote Ronald Wilson Reagan "You ain't seen nothing yet!". 
Judges Sayfie and Bernstein are both excellant choices. Well respected and quite able, each will be able to lead our gagle of Judges into the future.  We have more experience with Judge Sayfie who we have seen lead the criminal court judges through thick and thin, and a few scandals that she was on top of and handled admirably. We can always use a voice at the top that understands the trials and tribulations of an REGJB lawyer. However, that is not a blog endorsement. There is a lot of time between now and the election, and a week is a lifetime in politics. 

JUDGE SINGHAL NOMINATED TO FEDERAL BENCH
Mr Markus' federal blog, which has uncomfortably been dabling recently in state court toipics, broke the story yesterday that Judge Raag Singhal, who serves in Broward, has been nominated by POTUS to an open spot on the Southern District Of Florida. The nomination has long been rumored and is well deserved. 

IN MEMORIAM: JEFFREY EPSTEIN

The suicide death of Jeffrey Epstein disappointingly brought out the worst in our criminal defense brethren.  Social media was full of “good riddance” posts. We expect that from the unenlightened, uneducated deplorables who sit around swilling beer, scratching, and cursing life’s unfairness. Also from Republicans.

But we do not expect such expressions from dedicated criminal defense attorneys. So we rise, once again, pushing, pulling, prodding and treading where only the brave dare perambulate. 


We wonder whether Epstein's death will highlight the deplorable conditions  the government holds  defendants pre-trial. Mr. Epstein literally could not survive his incarceration while awaiting trial. How could he and his lawyers be expected to prepare for trial? 

Most federal cases are extensively investigated before indictment, generating tens of thousands of documents. It’s nearly impossible to master these docs in the comforts of a penthouse office (some atop garages across from federal court). It is nearly impossible to discern the key to freedom cleverly tucked  into  the pile of refuse, whilst confined in jail.

But we have bigger fish to filet. 


Mr. Epstein unrepentantly supported his belief in sex with young women, many still juveniles. He was recently quoted in a newspaper interview from a year ago comparing such laws to prior prohibitions on sodomy and same sex relationships.

Mr. Epstein’s views were repugnant, ill-advised, selfish, self-deluding, harmful to others, and downright wrong. He was by all accounts a sexual predator who used his wealth to prey on vulnerable young girls. That is why he needed strong, hard, unbending defense, in life and in death. To defend Jeffrey Epstein is to defend an Al Qaeda Jihadist,  Nazis who want to march in Skokie. Illinois,  and all those who hold views that the majority deem repugnant.

Who could defend enemy occupying soldiers wrongfully killing Americans on American soil? John Adams, future president of the United States. 


Our strength is not in the easy cases. The Constitution is built on the steel girders of the hard cases; the defense of the un-defendable- the Jeffrey Epsteins of the world. The Constitution is strongest when turned loose to defend those accused of the darkest of deeds.


All criminal defense attorneys proudly recall the first “how can you defend that person?” moment at a family meal or a party. And yet, when Mr. Epstein killed himself in despair, criminal defense attorneys from across the United States piled on, trashing Epstein, celebrating his death, murmuring conspiracy theories. 


Epstein’s death is a missed opportunity. We have a chance to highlight to the world the horrific conditions under which our clients are incarcerated. Federal detention centers are designed to force pleas.  The abatoir system of indictment and pleas undermine our most cherished and important right- to force the government to prove its case. We already labour under the (wink*wink) no trial tax system, where prosecutors in the blink of a “no” go from recommending one year to twenty, and judges follow along, trying to keep a straight face while denying that the defendant was punished for going to trial and losing. 

And yet in the face of this trial tax, a few brave souls solider on, forcing the government to trial, fighting for their client, and often winning. But sometimes the unbearable burden of pre-trial incarceration proves to be too much. 


Inhumane pre-trial incarceration is the real lesson of Jeffrey Epstein’s suicide. The #metoo movement has nothing to do with how this case ended. All victims have the right to be heard, listened to, respected, and believed when the evidence is credible. And this includes the victims of incarceration in the Gulag United States. 


No one else is brave enough to say this, so we will: rest in peace Mr. Epstein, the legal system failed you. The government has your blood on its hands, and we are sorry.

JUSTICE STEVENS RETROSPECTIVE

Two interesting articles on Justice Stevens. 

In this Atlantic article by the late Justice, Justice Stevens writes that  Justice Scalia's  majority opinion in the Second Amendment case Heller was "The Worst Decision of My Tenure."  The article is here.
Justice Stevens write eloquently on the tragedies of firearms in our society and his belief that a constitutional amendment is desperately needed to overrule Heller and it's effects on firearms and shooting tragedies  in the United States. 

In this recent Op Ed piece, Law Professor Barry McDonald gives a well reasoned (real) conservative analysis of why Judges who don't have a judicial philosophy, may be nice people who want to do the right thing, but who represent a danger to the Constitution and the rule of law. The argument, boiled down to its essence, is that you do not want a judge who makes decisions based on their personal view of what is right. What a judge appointed by Donald Trump thinks is right may be vastly different then what a judge appointed by Jimmy Carter thinks is right, and both of those judges may have a different view of what is right then, say, a judge appointed by a President George Wallace- to give an extreme example. 
What you want are judge's who have a consistent and coherent judicial philosophy because in the end, a consistent philosophy withstands the vagaries of trendy ideals, beliefs, and views. 

SAO GETTING HIGH

Update: Fantasy Football league forming now. Click link below.

Two news stories were faithfully reported by the Miami Herald (Motto: "Not failing; not fake") recently. 

The first was that State Attorney and Public Defender salaries are seeing a well-needed raise to a starting salary of $50,000.00. Both offices are raising corresponding salaries so that new employees are not earning more than veteran prosecutors. Both offices, but the SAO in particular, have seen a flight to civil as well over a hundred prosecutors have left within the past year to accept offers in the world of summary judgment, interrogatories, five minute motion calendars, and defending those most vulnerable amongst us- the poor, weak, helpless insurance companies who without the dedicated work of thousands of lawyers, would see their financial throats ripped out by the wolves of the plaintiffs bar. 

We rarely agree with our learned prosecutorial friends (see below), but we strongly support their public service and their receiving a more than simply adequate salary. 

Mary-Jane Daze: 
The current intrepid leader of the Dade SAO saw fit for a recent bit of braggadocio in announcing that her office will be scaling back on its prosecution of possession of marijuana cases. Apparently the dark maze of cannabis oil legislation has made it more difficult to determine from scent alone whether a substance is legal or not. So forthwith, county court prosecutors will need (gasp!) an actual lab report before proceeding down the prosecutorial mary-jane-lane.  (Sometimes our ability to turn a phrase even makes us smile). 

To quote from Godfather two: "And the rent stays the same!"

This is not enough. This is not nearly enough. It's almost 2020. President Trump's enlightened second term is seemingly months away. We are still prosecuting marijuana cases? Does the State Attorney have ANY idea what a simple "w/h, cc" does to a young person when they go out into the digital world where background checks occur on apps on phones and try to 1- get a job; 2- rent an apartment; 3- get credit; etc, etc? 

Misdemeanor records make life very hard. 
Ahh, but the esteemed State Attorney says "But Rumpole, it's the law."
So were laws against interracial dating, replies Rumpole. So were laws banning homosexuality. 
We need leaders Madam State Attorney. Get in front of the curve. Hold a press conference, Force Tallahassee. Refuse to have your office follow laws from the 19th century anymore.
 And well done with the raises. 

Fantasy Football. 
Is coming. Who won last year? What genius manager made all the right moves and outwitted and outlasted a veritable super-star galaxy of FF players? 
Oh yes, you're reading his words as we speak. 
Follow these pages carefully in the next few days for sign-up instructions. 

Click this link to play
SIGN UP NOW - currently ten teams but we can go to 12 or 14 depending on demand.