Before we get to Carl's Diary, please check out DOM's blog and the astounding news Judge Cohn's refusal to grant a mistrial in an ONGOING case. Also sad news that Above the Law blogger/founder David Lat is fighting for his life on a ventilator. His blog is here.
http://sdfla.blogspot.com/
And see below for an order from a District Judge in Illinois notable mostly for the restraint of a Judge dealing with an idiot of a lawyer.
Carl's Diary #4:
Hello Rumpole from the land of isolation. Medically, this MF'er is one nasty SOB. Remember my first post where I needed to lose ten pounds? Done. I am sick to the point my strength is sapped. What does this mean? A month ago I was your typical lawyer living a high-pressure life. I multitasked with my phone, speaking and emailing and texting while in a meeting. I managed several complicated federal civil and criminal litigations with pressing deadlines a week. When I relaxed I was still occupied. Keeping an eye on the market and reading articles while on my Peloton
Now? I lay on my bed just staring at the wall for hours, two tired to change the TV channel. My phone indicates over a hundred unanswered texts and five hundred plus emails and I could not care. I just lay here and ache.
The good news? My lungs are clear thank the lord. I am just sick.
More good news. My neighbors are angels. My GF told them I was sick. Later that day a lasagna was left on my doorstep. Then some paperbacks. Then a whole container of Italian Wedding Soup. And then, two rolls of toilet paper in a Publix bag with a note to leave it on the porch if I need more (I don't). People care and that really means something to me.
This Saturday afternoon which is my morning because I managed to sleep from 6am to 3pm I managed to make myself a K-cup of Starbucks coffee (dark French roast) and it may be the best cup of coffee I have ever had. The caffeine flooded through my veins, reviving me, as the dark sweet liquid lingered on my taste buds. It was a semi-miracle.
My doctor has stayed in touch with facetime. He tells me I am approaching the end of being ill. I got sick, got a bit better, then got wacked hard. He has asked me to monitor my fluid intake and output which means using a large plastic container and keeping a log. Don't ask. It's all I can manage. He says this is to make sure my kidneys aren't shutting down. So far, so good. Anecdotally supplements of magnesium before I go to sleep helps me sleep through the night and has stopped my acid reflux. As the Beatles sang- whatever gets you through the night, right Rumpole?
Rumpole, I hope this diary does two things for your readers. First, STAY AWAY FROM EACH OTHER. I see reports on TV of people in the park running in groups and kids at bars partying. Bad idea. Second, this is survivable. It's bad but if you told me that there is some good out of me getting sick like being able to volunteer to give blood for an antibody vaccine then it is worth it to help society. And if my experience removes the uncertainty from your readers, then I hope this helps.
RUMPOLE SAYS: Hang in there Carl. We are pulling for you. Below is an order from US District Court Judge Seeger in the Eastern Division of Illinois. We applaud Judge Seeger for his restraint. This is a lawyer who should be punished. Unicorns and Elves in a world-wide emergency? Puhleeze.
When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
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.
Sunday, March 22, 2020
Saturday, March 21, 2020
FELONY PROCEDURES FOR NEXT WEEK AND WHAT TO WATCH ON TV
The following email has been approved for all ages by the motion picture association of America/ It sets forth by Judge Sayfie the limited procedures for REGJB felony cases: (emphasis in red original)
Star Wars Fans can call this email "The Rise of the JAs" (cue Darth Vader music-see below).
WHAT TO WATCH THIS WEEKEND
First and foremost, in Turner Classics at 1:45 PM the 1948 production of Hamlet with Sir Laurence Olivier as the Young Danish Prince facing madness and his conscience.
On Hulu which has become Rumpole's go-to streaming service, we like "Plus One" a Rom-Com with long time friends agreeing to be their "plus-one" on a full summer of wedding invites.
Love Gilda- the documentary on original Saturday Night Live cast memeber and 1970's-1980's groundbreaking comic Gilda Ratner.
The Hunt for Wilderpeople- Want to watch the highest grossing indy film in New Zeland History? Then watch this film released to world wide wild critical acclaim in 2016 about an adopted boy who bolts from his parents farm, and his father who chases him down. The two then survive for months in the New Zeland Wilderness. It's a down under comedy with the only Rhys Darby cameo in cinematic history.
Also check out "Coherence" a low-budget flick about a group of friends together for one night. One review says "perfect for those who love to overthink things" and that is surely us.
Generally the JAs in Miami are very good. Not so much Broward, as the below is a good example of how a lawyer feels when they dial a JA's number north of the border.
Star Wars Fans can call this email "The Rise of the JAs" (cue Darth Vader music-see below).
Good afternoon –
In the event that there is something that needs to be heard next week IT WILL NOT BE
HEARD IF YOU DO NOT FOLLOW THE PROCEDURE LAID OUT IN THIS EMAIL.
- The Division Judge (not the JA) must screen the request first. That means review it and deem that it must be on the calendar. Examples of things that make the cut: CTS plea, arraignment/bond review on a case where state has filed lower charges than the aform. THIS DOES NOT INCLUDE AN ARTHUR HEARING. THERE WILL BE NO ARTHUR HEARINGS NEXT WEEK. AND IF YOU CAN DO IT IN AN AGREED ORDER THEN DO IT IN AN AGREED ORDER without putting it on the courtroom 1-5 calendar.
- If the division judge screens the request and determines it must be heard then the division judge / JA must send an email to the parties and to the entire distribution list above AS WELL AS THE JUDGE & JA assigned to that particular date.
- The Division Judge must ensure that the emails have gone out appropriately because corrections and the clerk must be part of the communication so that the file can be brought and the Defendant brought to TGK/bond room.
WHAT TO WATCH THIS WEEKEND
First and foremost, in Turner Classics at 1:45 PM the 1948 production of Hamlet with Sir Laurence Olivier as the Young Danish Prince facing madness and his conscience.
On Hulu which has become Rumpole's go-to streaming service, we like "Plus One" a Rom-Com with long time friends agreeing to be their "plus-one" on a full summer of wedding invites.
Love Gilda- the documentary on original Saturday Night Live cast memeber and 1970's-1980's groundbreaking comic Gilda Ratner.
The Hunt for Wilderpeople- Want to watch the highest grossing indy film in New Zeland History? Then watch this film released to world wide wild critical acclaim in 2016 about an adopted boy who bolts from his parents farm, and his father who chases him down. The two then survive for months in the New Zeland Wilderness. It's a down under comedy with the only Rhys Darby cameo in cinematic history.
Also check out "Coherence" a low-budget flick about a group of friends together for one night. One review says "perfect for those who love to overthink things" and that is surely us.
Generally the JAs in Miami are very good. Not so much Broward, as the below is a good example of how a lawyer feels when they dial a JA's number north of the border.
Friday, March 20, 2020
FABER CLAIRIFIES COUNTY COURT SCHEDULE AND FIRST DV UPDATE
FRIDAY HEADLINES- DV RETURNS TO REGJB SEE JUDGE KELLY UPDATE BELOW
If you didn't read to the bottom of our post Thursday, we praised Judge Faber. He has been in court every day handling calendars, fixing problems, keeping people calm. Much like Judges Soto and Sayfie have also done (who we acknowledge we strongly criticized for not shutting courts down quicker) , we imagine his work has been 24-7 and the pressure has been intense. Much like one of our heroes- Major General Norm "Dutch" Cota, he has led from the front lines.
A THANK YOU TO OUR JUDGES
The chief and administrative judges have pressures we do not know about. They have concerns beyond what we have considered. We acknowledge they have been under unprecedented pressures making choices no other judges have ever been confronted with. We have not agreed with a lot of what they have done based on when they did it. But all of us should be thankful for their tireless work on behalf of our community. Judges Soto, Sayfie, Faber and others went into the courthouses at personal jeopardy to themselves and their families, and handled the problems as they arose. Take a moment and thank every judge, every JA, every court officer, every police officer when you see them.
And as to us, well, no judge should have to deal with Covid19 AND Rumpole nipping at their heels.
FIRST - THE DV UPDATE FROM JUDGE KELLY- BIGGEST TAKE- ALL DV RETURNS TO REGJB
The Domestic Violence Division has already scheduled and heard all the emergency motions for modifications of pretrial release and all other emergency motions that have been filed to date. This was completed yesterday.
AND FROM JUDGE FABER - a clarification which has been approved for all audiences by the motion picture association.
If you didn't read to the bottom of our post Thursday, we praised Judge Faber. He has been in court every day handling calendars, fixing problems, keeping people calm. Much like Judges Soto and Sayfie have also done (who we acknowledge we strongly criticized for not shutting courts down quicker) , we imagine his work has been 24-7 and the pressure has been intense. Much like one of our heroes- Major General Norm "Dutch" Cota, he has led from the front lines.
A THANK YOU TO OUR JUDGES
The chief and administrative judges have pressures we do not know about. They have concerns beyond what we have considered. We acknowledge they have been under unprecedented pressures making choices no other judges have ever been confronted with. We have not agreed with a lot of what they have done based on when they did it. But all of us should be thankful for their tireless work on behalf of our community. Judges Soto, Sayfie, Faber and others went into the courthouses at personal jeopardy to themselves and their families, and handled the problems as they arose. Take a moment and thank every judge, every JA, every court officer, every police officer when you see them.
And as to us, well, no judge should have to deal with Covid19 AND Rumpole nipping at their heels.
FIRST - THE DV UPDATE FROM JUDGE KELLY- BIGGEST TAKE- ALL DV RETURNS TO REGJB
Hello everyone,
To add to Judge Sayfie’s and Judge Faber’s messages:
I want to thank Judge Sayfie, Judge Faber and all of our justice partners for your collaboration and cooperation during this difficult time. I hope that all of our citizens remain safe. I am cognizant of the stress this pandemic has caused
and wish you health and peace.
The Domestic Violence Division has already scheduled and heard all the emergency motions for modifications of pretrial release and all other emergency motions that have been filed to date. This was completed yesterday.
Pursuant to the agreement between the Chief Judge, the Public Defender and the State Attorney, the following procedures will be implemented for domestic violence criminal cases until April 3, 2020. (This time
may be extended if the Supreme Court extends the tolling period for criminal cases.)
1. No domestic violence (DV) criminal calendars will be heard at the Lawson E. Thomas Courthouse Center.
2. Arraignments calendars for all DV criminal cases will be cancelled.
3. Bond calendar for all DV cases will be heard daily at the Richard E. Gerstein building (REG) at 11:00 am in courtroom 5-3.
4. Critical emergency motions will be heard either immediately before or directly after the 11:00 am DV bond calendar scheduled at REG at 11:00 am in courtroom 5-3.
Please do not hesitate to contact me anytime with any questions or concerns.
AND FROM JUDGE FABER - a clarification which has been approved for all audiences by the motion picture association.
I have been advised that some are confused about our schedule. Going forward and starting on Monday 3/23:
- All County Criminal Division calendars, including the jail divisions at REG, are cancelled for the weeks of 3/23 and 3/30. No decision yet has officially been made as to 4/7.
- Bond Hearings during the weekdays will continue to be heard for new misdemeanor arrestees at REG in Ctrm 5-3. They will continue to be heard at 9 AM and 1 PM. These are video feeds from the jail and we will need 1 ASA and 1 APD to attend.
- Any emergency hearings that arise from any of the branch or REG misdemeanor divisions will be held at noon in Ctrm 5-3. Any orders from those emergency matters will be signed and submitted to the Clerk at that time for filing (See procedure below).
- Any emergency hearings require 3-days* e-mail notice to the parties (atty/pro se and SAO), the Clerk’s (all 5 names, see procedures below), the Judge presiding (see list below), and Carmen Bravo/Marcelo Ancheta at AOC (to ensure access is allowed IF a party does not want to appear telephonically). Any telephone number to contact the atty/pro se litigant must be included in the e-mailed notice if they wish to appear telephonically.
*3-day notice means that if an emergency hearing is granted on Monday the hearing can be set no sooner than the following Thursday. The Clerk’s office needs time to get a file, particularly from branch courthouses, and Ctrm 5-3 does not have
SPIRIT access (in that event the Clerk will create a hard copy of the SPIRIT entries for the Court to review).
Our schedule of judges to preside over these calendars are as follows:
Monday 3/23 –Judge Martinez
Tuesday 3/24 - Judge Alvarez-Zane
Wednesday 3/25 – Judge Harris-Nelson
Thursday 3/26 – Judge Alvarez-Zane
Friday 3/27 – Judge Martinez
Monday 3/30 - Judge Mansfield
Tuesday 3/31 - Judge Leifman
Wednesday 4/1 - Judge Cuervo
Thursday 4/2 - Judge Silver
Friday 4/3 - Judge Faber
I hope this clarifies any confusion. Please contact me if you have any questions in this regard.
Thursday, March 19, 2020
FAKE NEWS NO TOTAL SOCIETY LOCKDOWN & COUNTY COURT UPDATE
This is not an approved post that has not been approved by anyone but us as to the fake news. Read below for the APPROVED Judge Faber email on county court procedures. Lots of good phone and email addresses if you need them.
There is a DANGEROUS/PELIGROSO text going around saying that by the weekend the president is going to lock the country down and close all the stores. THIS IS FAKE. DO NOT BELIEVE IT. DO NOT PANIC AND RUN TO THE STORE (but if you know where there is any toilet paper we would appreciate a tip).
https://www.factcheck.org/2020/03/false-claims-of-nationwide-lockdown-for-covid-19/
THE FOLLOWING EMAIL FROM JUDGE ROBIN FABER HAS BEEN APPROVED FOR ALL AGES BY THE MOTION PICTURE ASSOCIATION OF AMERICA:
(Rumpole notes that the FDA requires less people to approve compassionate use of a drug. The clerks have too many chiefs and not enough Native Americans).
THANK YOU JUDGE FABER- Many people may not know that Judge Faber has been in court every day of this crisis handling calendars and solving the problems. That's what leaders do- they lead from the front by example. You've set an example similar to one of our heroes- General Norman "Dutch" Cota. You can read about his life here.
THE FOLLOWING EMAIL FROM JUDGE ROBIN FABER HAS BEEN APPROVED FOR ALL AGES BY THE MOTION PICTURE ASSOCIATION OF AMERICA:
I hope this email finds you all in good health. There’s been a lot of questions and misinformation out there and I want to make sure we are all on the same page going forward concerning the County Criminal Division. We are very concerned with how to slow the spread of this virus and keep people out of our courthouses while this emergency lasts but at the same time we have to be cognizant of the due process rights people have in this nation and allowing emergency access to the Courts for our cases despite this crisis.This week we have closed our branch and regular division courtrooms at REG and allowed everyone remote access to their responsibilities including all judges and staff. The State and the PD have worked creatively to ensure we can do our jobs despite this crisis and I applaud them for that. We have a system in place for emergency motions to be reviewed and for contested emergency hearings to be held through our jail division judges. Going forward into next week there will be some additional changes going on that affect that:Effective Monday 3/23 and continuing at least until 3/27 (while public access has been suspended), the two Jail Divisions calendars will be cancelled. Doing that gets those persons out of REG as well but does affect how we are dealing with emergency issues. We will still be covering those but in a slightly different manner.Bond Hearings/Jail Arraignments – On weekdays these calendars will continue to be heard in Courtroom 5-3 and we already have a rotation of judges in place through 3/27. Assuming this continues beyond that date we will have a rotation of County Criminal Division judges and some volunteers from the Circuit Criminal Division to cover them daily. I will be working on a master list going forward to assign specific dates to these judges and they will come to REG to cover these calendars on those days. It appears that each of the judges who have agreed to cover these bond hearings/jail arraignments would have to cover once about every 2 weeks.Access to the Courts – I have had a number of conversations with the Clerk’s Office about how to do this in a way that maximizes review yet tries to limit exposure to REG. They are on board, as well as the State Attorney’s Office and Public Defender’s Office, in the manner in which we are proceeding.Our current branch and regular division at REG judges will review emergency matters brought to their attention as before. All phones to our judicial chambers are being monitored and answered. If that assigned judge determines the matter is an emergency, and all requests to set aside bench warrants are considered an emergency, then it will be reviewed. If it is not a true emergency then the proponent will be told they must wait until the Courts are opened back up to handling non-emergency matters. The judges will be exercising their discretion in determining what is, and what is not, a true emergency. Requests to turn costs into community service hours are not, in my opinion, an emergency matter. The process of review is slightly different for PD’s and private attorneys from pro se defendants, but both will have their matters reviewed and considered if it is an emergency. It all starts with the branch or division judge at REG who is assigned that case.For PD’s and private attorneys: They will contact the assigned judge first, Once that judge confirms it is an emergency, the JA/Judge will advise the attorney to contact the State Attorney’s Office to see if that emergency request can be agreed to. If agreed to, the attorney would need to send a package consisting of the Agreed Order and the proof of the State Attorneys agreement (usually an email) to the assigned judge so that they have the evidence that there is an agreement to sign the Agreed Order. That will be in turn forwarded to the judge assigned bond hearings the next business day who will print it out, sign it, and file it with the clerk at the bond hearing. If the State cannot agree, the division judge may decide to grant the emergency request anyway. If so they would let the attorney know who would then submit a proposed Order along with a copy of the State’s email objecting to the relief sought, which would be given to that bond hearing judge to sign and file so there is a record of the state’s objection. If it is an emergency matter that a judge will not agree to sign without a hearing, then the JA would use the schedule of bond hearing judges to give a date with at least 3-days notice to the Clerk’s Office, the Attorney requesting an emergency hearing, the State Attorney, and the assigned Bond Hearing Judge. A hearing would be held on the date set after the bond hearings are concluded, usually about noon, so a judicial determination could be made with a video record of the proceedings. The Attorneys could appear telephonically if they needed. Bond hearing judges will not sign any orders unless directed to by the assigned judge or there is a hearing set.
For Pro Se Defendants: A similar procedure would be in place, but the JA /Judge would have to send notice to the State Attorney of the request if it is deemed an emergency by the assigned judge. If the State agrees, then the State would provide the Agreed Order along with the email of their acquiescence, and the judge would then forward it to the bond hearing judge for signature and filing. If the State Attorney objects, and the assigned judge still wants to sign an order, then they will have to prepare an Order and copy that with the State’s objection to the Bond Hearing Judge to sign and file. If it is objected to and the judge will not sign, then the JA/Judge would advise the pro se litigant when and where the hearing would be held using the same 3-day notice procedure. Telephonic appearances would be allowed so the pro se litigant does not have to travel to REG.Below is a list of the State Attorney contacts:For Branch Court:Traffic Criminal: Karina Harduvel - KarinaHarduvel@MiamiSAO.comMisdemeanor crimes: Michael Monajemi - MichaelMonajemi@MiamiSAO.comFor REG:Alvarez-Zane: Kelsey Shelton - KelseyShelton@MiamiSAO.comNunez: Mary Corbin - MaryCorbin@MiamiSAO.comHarris-Nelson: Dominique - Paul DominiquePaul@MiamiSAO.com Martinez: Chloe Castro - ChloeCastro@MiamiSAO.comWoodward: Joshua R Paikowsky - JoshuaRPaikowsky@MiamiSAO.com Seraphin: Christian Rojas - ChristianRojas@MiamiSAO.comNewman: Ashley Ramkishun - AshleyRamkishun@MiamiSAO.comJails: Kaitlyn Mannis - KaitlynMannis@MiamiSAO.comIf they cannot be reached you can contact their Chief of Misdemeanor Court:Elvia Medina Marcus – ElviaMedinaMarcus@MiamiSAO.com
Below is a list of the judges for our misdemeanor bond hearings scheduled through 3/27:Thursday 3/19 – Judge WoodwardFriday 3/20 – Judge Harris-NelsonMonday 3/21 –Judge MartinezTuesday 3/24 - Judge Alvarez-ZaneWednesday 3/25 – Judge Harris-NelsonThursday 3/26 – Judge Alvarez-ZaneFriday 3/27 – Judge Martinez
Below is a list of all of the pertinent Clerk’s Office employees who must be contacted in the event of an emergency hearing set after the Bond Hearings:Emilio Vega-Camejo - Emilio.Vega-Camejo@miamidade.gov Yvette Rodriguez - Yvette.Rodriguez@miamidade.gov Maria Sosa - Maria.Sosa@miamidade.govSandra Bazile - SandyB@miamidade.govManuel Carames - Manuel.carames@miamidade.gov
(Rumpole notes that the FDA requires less people to approve compassionate use of a drug. The clerks have too many chiefs and not enough Native Americans).
These procedures that we have put in place are not intended to be permanent. (DUH) Rather, they are intended to preserve our health and provide access to the Courts in these time of crisis. As soon as the Chief Judge lifts the orders preventing public access the Jail divisions will immediately open up and the branch and regular divisions at REG will begin to reconvene. We think these procedures will accomplish our goals of safety and security in a prudent manner and help us carry on the fair administration of justice our County requires.Please contact me if there are any questions in this regard.
THANK YOU JUDGE FABER- Many people may not know that Judge Faber has been in court every day of this crisis handling calendars and solving the problems. That's what leaders do- they lead from the front by example. You've set an example similar to one of our heroes- General Norman "Dutch" Cota. You can read about his life here.
COVID 19 DIARY POST#2
Dear Rumpole/Diary/- How do I describe being a member of a select group that no one wants membership in? How can I describe the feelings of fear of being attacked by something doctors have told me they cannot defeat if the virus attacks my lungs and my organs begin to shut down?
It's weird. I am scared. And then I feel okay and I want to go for a long bike ride (or in my case Peloton class) to show that I am healthy. But I am not healthy. My cough is subsiding and that is good. The fever is persistent and that is bad. I don't sneeze or have a runny nose. But I ache. I don't cook much and even if I did I have no appetite. I'm living on Progresso soups my girlfriend leaves at my door with little notes. I recommend the chicken corn chowder and sometimes a half a grilled cheese to go with it. Or some mac and cheese. I feel like I'm back in college. I swig OJ from the container. No one is in the house and I don't want to use glasses and dishes I have no energy to wash- or even to fill up the dishwasher.
Part of me thinks this is a blessing. I will survive this. I will have passed the ultimate test of our new times and once on the other side of the river, I join a more exclusive club- those who have immunity to Covid-19. Maybe my antibodies will be analyzed and used to create a vaccine. A Presidential Medal of Honor sounds nice- me and Rush Limbaugh. Ha! The Carl-Covid-19 Vaccine. Give me a small piece of Bristol Meyers Squibb and I'll save humanity.
It is hard to deal with clients and not let them know I am sick. I hold this information back because I do not want to panic them. Many of them just call me to make sure I am still around. They hear my voice and they are reassured. If I cannot do my job I have associates and partners ready to step in. But my clients like me and depend on me and I do not want to let them down.
Meanwhile every attorney working from home now is swamping me with pleadings. The world is shut down and conversely I am more busy than I have been in months.
Worst inconvenience- no cleaning woman. The woman who cleans my apartment and does my laundry and shops for me and feeds the cats and scoops the cat liter cannot help me. I am keeping her on salary. We have been together too long and this is my small contribution to the world for now. She offered to come in with a mask and I said no.
Meanwhile my cats are furious. Cats like a nice schedule. Breakfast at 8. Sunbath in front window at 11. Light lunch at 12. Nap from 1-4. Chase socks across floor from 5-5:15. Knock over plant at 6 before dinner. Now they sit on me and screech that they have not been fed and I am sometimes too sick and tired to move. They have to wait and patience is not their strong suit.
I crave a cold beer sitting in the sun. I crave holding my GF while we do the NY Times Sunday Crossword and sometimes sip mimosas. I crave a slice of Steve's Pizza in North Miami. I miss waking up worried about my cases and not the world.
Thank you again Mr. R. This is my therapy.
Covid-Carl.
It's weird. I am scared. And then I feel okay and I want to go for a long bike ride (or in my case Peloton class) to show that I am healthy. But I am not healthy. My cough is subsiding and that is good. The fever is persistent and that is bad. I don't sneeze or have a runny nose. But I ache. I don't cook much and even if I did I have no appetite. I'm living on Progresso soups my girlfriend leaves at my door with little notes. I recommend the chicken corn chowder and sometimes a half a grilled cheese to go with it. Or some mac and cheese. I feel like I'm back in college. I swig OJ from the container. No one is in the house and I don't want to use glasses and dishes I have no energy to wash- or even to fill up the dishwasher.
Part of me thinks this is a blessing. I will survive this. I will have passed the ultimate test of our new times and once on the other side of the river, I join a more exclusive club- those who have immunity to Covid-19. Maybe my antibodies will be analyzed and used to create a vaccine. A Presidential Medal of Honor sounds nice- me and Rush Limbaugh. Ha! The Carl-Covid-19 Vaccine. Give me a small piece of Bristol Meyers Squibb and I'll save humanity.
It is hard to deal with clients and not let them know I am sick. I hold this information back because I do not want to panic them. Many of them just call me to make sure I am still around. They hear my voice and they are reassured. If I cannot do my job I have associates and partners ready to step in. But my clients like me and depend on me and I do not want to let them down.
Meanwhile every attorney working from home now is swamping me with pleadings. The world is shut down and conversely I am more busy than I have been in months.
Worst inconvenience- no cleaning woman. The woman who cleans my apartment and does my laundry and shops for me and feeds the cats and scoops the cat liter cannot help me. I am keeping her on salary. We have been together too long and this is my small contribution to the world for now. She offered to come in with a mask and I said no.
Meanwhile my cats are furious. Cats like a nice schedule. Breakfast at 8. Sunbath in front window at 11. Light lunch at 12. Nap from 1-4. Chase socks across floor from 5-5:15. Knock over plant at 6 before dinner. Now they sit on me and screech that they have not been fed and I am sometimes too sick and tired to move. They have to wait and patience is not their strong suit.
I crave a cold beer sitting in the sun. I crave holding my GF while we do the NY Times Sunday Crossword and sometimes sip mimosas. I crave a slice of Steve's Pizza in North Miami. I miss waking up worried about my cases and not the world.
Thank you again Mr. R. This is my therapy.
Covid-Carl.
Wednesday, March 18, 2020
CRIMINAL COURT SCHEDULE UPDATED
UPDATE: Florida has another first- first member of Congress Covid19+- Mario Diaz- Balart. He issued a statement that he is feeling fine and we send him positive healing thoughts.
This an approved for posting ( (c) Rumpole/Covid19 communications, Inc, 2020, all rights reserved) communication by our admin judge in criminal court:
(We keep forgetting who MFK is- no disrespect to a fine jurist we are sure, but shouldn't someone be around for a few dozen years to earn the right to be called by their initials- RBG for Justice Ginsberg for example?)
One last detail- Many of you are worried about Judge Altfield based on the announcement yesterday a member of his in-court staff has tested + for Covid19. We have been reliably informed Judge A was out of town (but not in Italy) during the time his in court staff person became ill. We all join in wishing that person a safe and speedy recovery. We are grateful and happy to also announce the in-court person in Judge DLO (see? De La O has earned the use of his initials) is also doing very well at home, in isolation, feeling fine, watching CNN and playing on-line parcheesi ( we made the last part up). The other court personnel including the trial lawyers before DLO at the time are also asymptomatic.
Folks and blog readers- people we know are going to get sick. That's the fact jack. And thankfully, almost all of them and the good lord willing- all of them will recover and life will go on. You heard it here first.
Good afternoon, and thank you all for your ongoing cooperation. I am honored to serve the public with all of you and I am grateful for your tireless efforts to keep our community safe while safeguarding the rights of our citizens. The plan outlined below has been discussed and approved by all of the Justice Partners. Big thanks to State Attorney Katherine Fernandez Rundle & Public Defender Carlos Martinez for their wisdom and support.
This an approved for posting ( (c) Rumpole/Covid19 communications, Inc, 2020, all rights reserved) communication by our admin judge in criminal court:
(We keep forgetting who MFK is- no disrespect to a fine jurist we are sure, but shouldn't someone be around for a few dozen years to earn the right to be called by their initials- RBG for Justice Ginsberg for example?)
One last detail- Many of you are worried about Judge Altfield based on the announcement yesterday a member of his in-court staff has tested + for Covid19. We have been reliably informed Judge A was out of town (but not in Italy) during the time his in court staff person became ill. We all join in wishing that person a safe and speedy recovery. We are grateful and happy to also announce the in-court person in Judge DLO (see? De La O has earned the use of his initials) is also doing very well at home, in isolation, feeling fine, watching CNN and playing on-line parcheesi ( we made the last part up). The other court personnel including the trial lawyers before DLO at the time are also asymptomatic.
Folks and blog readers- people we know are going to get sick. That's the fact jack. And thankfully, almost all of them and the good lord willing- all of them will recover and life will go on. You heard it here first.
Good afternoon, and thank you all for your ongoing cooperation. I am honored to serve the public with all of you and I am grateful for your tireless efforts to keep our community safe while safeguarding the rights of our citizens. The plan outlined below has been discussed and approved by all of the Justice Partners. Big thanks to State Attorney Katherine Fernandez Rundle & Public Defender Carlos Martinez for their wisdom and support.
The purpose of this plan is to clear the REG courthouse out as much as possible for the next 2 weeks so that we can follow the CDC guidelines and keep as many people as possible at home and healthy and “flatten the curve”. (Rumpole says lets all FTC!) So for felony
purposes there will only be 1 courtroom operating, Courtroom 1-5. Please note that Chief Judge Soto, Ms. Fernandez Rundle, Mr. Martinez and I will all be available and present to handle any emergencies and to plan the weeks ahead as we get more information
on the virus.
Week 1: 3/23 – 3/27: All felony division calendars cancelled –
BOND HEARINGS ONLY on normal 9AM & 1:30PM schedule, 1 judge* in courtroom 1-5
Week 2: 3/30 – 4/3: All felony division calendars cancelled –
BOND HEARING ONLY and IN CUSTODY felony critical hearings ONLY on normal 9AM & 1:30PM schedule, 1 judge* in courtroom 1-5
Week 3: 4/6 – 4/9 TBA
- The assigned judge’s JA & Bailiff should be here physically in the building on the assigned day. If they cannot please make sure there is coverage. Contact me if any issues.
- Each day we will need 1 ASA and 1 APD in courtroom 1-5 at 9 and at 1:30.
- Out of custody arraignments are being automatically set 30+ days out with the clerks. I will be working with them to manage the backlog as we move forward.
- The COC and the PDO and the SAO will begin a review of in custody arraignments and those cases can be handled in court after the 9AM bonds are complete beginning week 2 as necessary.
- The SAO will prioritize efiling/filing of informations for the in custody defendants.
- Week 3 is a tentative plan. With the assistance and cooperation of the SAO & PDO we may be including courtroom(s) where attorneys and defendants/witnesses, etc can appear virtually to handle out of custody matters.
- Obviously everything is contingent on state of the virus.
- Building management will be deep cleaning Courtroom 1-5 daily.
- There will be a similar plan for Misdemeanors/Traffic/DV in courtroom 5-3 – please look to emails from Judges Faber & Kelly for that information.
I will send you additional or amended information as we move forward. Until then – please stay safe & healthy. Don’t be a spreader or a virus shedder… And as always, please call me if you have any questions or concerns.
*Schedule of Assignments:
3/23 – Johnson
3/24 – Fernandez
3/25 – Glazer
3/26 – Blumstein
3/27 – Watson
3/30 – Milian
3/31 – Beovides
4/1 – Venzer
4/2 – de la O
4/3 – Simon
TENTATIVE:
4/6 – Altfield
4/7 – Miranda
4/8 – Diraimondo
4/9 – MFK
4/10 – Good Friday
Nushin G. Sayfie, Circuit Court Judge
Administrative Judge of the Criminal Division
1351 NW 12th St., Room 423
Miami, FL 33125
(305) 548-5721
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