WELL DONE JUDGES

Sometimes, just when we think we have these judges where we want them (pompus, calling PD’s at home to scream about getting reversed on appeal) they up and do something wonderful like visiting interpreter Abraham Safdie in the Hospital and making him an honorary Judge. You robed readers know that Rumpole and the gang will be on you guys when you exhibit a little too much of “robe-itis”. Well, you are also entitled to kudos when you do something nice. It was an extraordinary and wonderful gesture to visit Mr. Safdie. Well done. Take a bow. And get ready to duck our next salvos, which you know will be coming. But for today, you have our respect, our thanks, and even our admiration.



A HERALD REPORTER WRITES:

Hi,I was wondering if you'd mind introducing me to all your bloggers and readers. I'm the new Herald reporter covering the criminal courthouse. I'm still finding my way around and trying to meet folks, but I'd love it if you could throw my name and numbers out there, in case anyone I haven't met needs something or wants to call about a case I might not know about. It's a big building and I fear there are lots of cases I don't know about.My phone at my desk is 305-376-3499 and my cell phone is 305-772-4380. My email, which works on my Blackberry when I'm in court, at least for a little while longer, is mailto:snesmith@herald.com Most mornings, you can find me standing in the line around the block with all the criminals and their mothers and girlfriends waiting to get into the courthouse. I suspect I would save time overall by going to law school, just to be allowed to go in the lawyers-only door.Thanks Susannah Nesmith
PS If you don't think it would be appropriate for the blog, no big deal.

RUMPOLE GRUMBLES: Careful and long time readers of this blog know that we came out pretty hard against one Herald communist who took our Bennett Brummer story (which we emailed her) ran with it in the Herald, and did not give us one bit of credit. We seem to remember the words “local fishwrap” being tossed around quite a bit. But readers also know that while we grumble and get grouchy, we are soft at heart. (Fellow blogger David O Markus called us a “media whore” but that’s another story). This reporter was nice enough to introduce herself, and we have no problem posting her email. We are sure she will be nice enough to give us credit if we give her a tip.

Welcome Susannah (how many "Oh" Susannah quips a day do you get?" ) Look for us in Au Bon Pain, sipping coffee and preparing cross examination. We are the ones wearing the Rumpole Masks. Also we don't feel one bit sad sauntering by you as you wait in line. Well, maybe in August we might feel a bit guilty, but only for a moment.

Black and White and Read all over.

BLACK:

The person who allegedly wrote the post on Mr. Black causing riots has written back to say:

A) I found your site while surfing for justice in Miami-Dade County.B) I didn't know a High School Degree was required to speak on a subject I care deeply about.(I dropped out in 11th grade)C) I should have known this site was being run by a bunch of lawyer snobs who of course think they know it all.D) No he did not start the riots, but my observations go to the fact that doing a good job as a lawyer does not always mean doing a good thing for society as a whole.

Rumpole Says: A) Thanks for reading and participating. Your comments are always welcome.
B) We (Rumpole, not our readers) are snobs (well, some of the robbed readers are as well) who know it all, but we digress. C) If you want to post a comment you need to be prepared for the rough and tumble responses.

D) You are correct- doing a good job as an attorney does not always benefit society. Since you are not an attorney, let us pose this question to you:
Assume you are a police officer charged with manslaughter because the prosecutor says you improperly fired your weapon and killed a small child. Riots in the community ensued and a politically motivated prosecutor had you arrested although expert testimony will conclude you acted properly. Thus, in this scenario, although you are charged with a tragic crime, you are innocent. You have a family to support who loves you.
What type of attorney do you want to represent you?
1) A lawyer who will fight his or her heart out and do anything and everything within the bounds of ethics to defend you; or
2) A lawyer who secretly thinks it’s the best thing for the community for you to go to prison regardless of the fact you are innocent?

Your comment touched on a subject that is widely debated between lawyers and non-lawyers. Our response was harsh because your views, which you have an absolute right to have and express, would widely criticized and virtually indefensible if you were an attorney. Please do not be offended, and as we said, please keep reading and writing.

WHITE (Karma)

Anonymous writes:

Bad karma? Why player hate? Black is one of the best lawyers in town. Furthermore, investigating/prosecuting atty's for getting paid to defend criminal defendants is fascist.

Rumpole wonders….”player hate”?????

Jason Grey writes:

Roy Black didn't cause the riot. The rioters caused the riot. what an idiot,must be a civil lawyer . As to that "investigation", you have my proxy.please keep us informed

And Billy Joel sings….”We didn’t start the fire.”

Anonymous correctly says:
I guess that moron would ALSO criticize Ed Odonnell for winning McDuffy.

Juan Elso, victim or criminal?

Anonymous writes:

Jason you must have been drinking something very strong a few nights ago. seriously to include "Johnny Elso" as you call him among the list of the wrongfully accused lawyers is way off base. According to what has been reported in the press and the published appellate opinion on his case, the feds never targeted "Johnny" for investigation. Instead he wound up picking up hundreds of thousands of dollars at the wrong place and the wrong time. He then led police on a high speed chase through Miami. Now admittedly what I write is based only upon what I have read, but it doesnt seem to me that you should be crying crocodile tears for the departed Mr. Elso.

Rumpole notes: Mr. Elso is not dead, just incarcerated.


PD Personals:

Anonymous writes:

I think I know who the PD described in the personal ad might be... This particular PD fits the description, and has the personality of someone who would post this kind of ad for fun or prank. Or maybe she was the inspiration foe the person who posted it. Who knows...

Rumpole Responds: We have our magnifying glass out, and are carefully studying the possible suspects who may..ahem…fit the bill as it were. So if you see a young woman slap someone with a magnifying glass in the REGJB, then you will have our identity.


On The Judge in Prison, anonymous cries:

Boo-hoo for Judge Amundson and other lawyers who go to prison for stealing from their clients' trust funds.He obviously hasn't learned much if he thinks he can speaker on the callousness of judges and prosecutors. Frankly, if he got anything less than the maximum for stealing from a mentally impaired person with capacity of a 3 year old, it wasn't enough.

RED ALL OVER:

A real wize guy/gal writes:

Hey Rump I mean Phil,

Your conformist former state self is really starting to show with these latest comments. The final word on Det. Fernandez is that he's a lying piece of sh$#cop who finally got caught. If they did stings on all of these UC officers (especially the Northside District), my guess is 40% would be arrested. I've had Fernandez on 2 trials and in both my clients rejected what amounted to CTS pleas insisting that the guy was lying. How many times do we have to hear from our clients that theyactually had 4K on them when arrested and not the 2K that theofficers listed on the property receipts?Or how about the clients who insist (as mine did in one Fernandez case) that they were just chillin when jump out arrested them and then said the drugs they found around the corner were theirs?


Rumpole says:1) We hope "Phil" finds you and squashes you. Its very 2005 to speculate on our identity. Join the new year and move on. Plus, very few posters are bigger than him.

2) Can you read? Have you read any of our posts?
Conformist?
Try reading the post on capital punishment (November 17, 2005). We are not conformists. However, we try to give a fair view on all subjects. We don’t like dirty cops. But if Detective Fernandez showed up in our waiting room, we would take his case.
A criminal defense attorney who screams about the presumption of innocence for all defendants except [insert whatever ox is gored here] is nothing more than a hypocrite. If the officers are found guilty, then their punishment should be especially severe for the effect their conduct had on the entire system. Until that time, they are entitled to the same presumption of innocence.

Conformist?
We voted for Ralph Nader in 2000. How’s that for conformist?
What a dirty shot. The next thing you’re going to write is that we are boring and not funny.

Conformist? We still use the terms “Small” “Medium” or “Large” when ordering a coffee from Starbucks.
How dare you!

GAIL GROSSMAN REMEMBERS MANNY CRESPO

For My Dear Friend Manny Crespo.

I was privileged and honored to have known Manny Crespo as a dear friend, confidant, “big brother”, colleague, and mentor.I was very fortunate to have been invited to move into the Crespo office in the early 1990's. In the office, I shared space with Manny, his wife Aracely, and son, Manny, Jr. Once I moved into the office, I was not just an office mate, I was part of the Crespo family. It was an honor I hold very dear. Whenever Manny wanted to talk with me he would simply yell across the hallway, G-R-O-S-S-M-A-N and I would respond, C-R-E-S-P-O. It was our little refrain that we said toeach other long after Manny became a Judge. I watched Manny’s kindness and compassion overflow to all the people that he met. Manny always had more concern for his clients than anyone I ever knew. If he got a client out on a bond after being in jail, Manny always gave the client some money so he could take the Metrorail or bus home. If the client was hungry, Manny would take his client downstairs to the Pickle Barrel and buy them some food and sit and eat and talk with them. His door was always open for his clients, fellow lawyers, friends, family members, and anyone else who needed Manny’s help.

Manny loved to eat, and he knew all of the best restaurants in town. Much to our waistlines’ detriment, we went to lunch together several times a week. It would always take a very long time to get to and from lunch because Manny knew so many people. We would be stopped in the street, and stopped at least several times in the restaurant by people who knew and loved Manny. Everyone from valet drivers and waiters to Judges and Congressmen would want to talk with Manny. He was a people person and he was loved by all. When Manny was elected to the Circuit Court bench, we decided that we would rather remain dear friends, than for us to have to distance ourselves from one another so that I could practice in front of him. As a result, I was on Manny’s permanent recusal list. While I never practiced law in front of Manny, I watched as he patiently, and with great care, dispensed justice. While his calendars were long, everyone who appeared in front of him from defendants to prosecutors, defense lawyers, probation officers, corrections officers, police officers, witnesses, and jurors, all felt that they had been treated fairly by Judge Crespo. He listened to everyone and allowed everyone to speak their piece.

Manny’s life long dream was to become a Judge and when he accomplished that goal, he was the happiest man alive. He loved being a judge so much and loved the law so much that he sent around a memo to all of his fellow judges volunteering to do weekend bond hearings for them if they needed him to. Many judges took him up on that offer and Manny became the bond hearing king relishing his weekend bond hearings because it gave him the opportunity to be a judge even on the weekends. Manny also loved to greet and swear in the jurors. He was always happy to fill in for a fellow judge for this job as well. I watched him on several occasions as he turned the routine job of swearing in the jurors into a ceremony. Manny would give the jurors a speech about how they lived in the greatest country on earth and how, without their service, the jury system could not function. He would tell the jurors how his family escaped from Cuba to seek a better life in the United States and how they all should be proud to serve as jurors in the greatest country on earth with the greatest justice system on earth. By the time Manny finished his speech and swore the jurors in, each and every person in the jury pool felt that they were needed, appreciated, and were an integral part of the criminal justice system. Manny got standing ovations from the jurors for his speeches. If a jury member was fortunate enough to be picked to serve on one of Manny’s cases, they were treated to more history from Manny as well as pastelitos and Cuban coffee.

While there are thousands of Crespo stories I could tell (because everyday was an adventure with Manny) one of my personal favorites is one that occurred at my home. It just goes to show you that not only did people love Manny, but animals as well. Manny and I served on a statewide Florida Bar ethics committee together that required us to travel around the state of Florida for meetings. This particular meeting was held in Tampa and the airfares at that time, from Miami to Tampa, were so high we decided to drive up and back to Tampa in one day. Manny picked me up in the wee hours of the morning and we drove to Tampa for our meeting. Of course, we had to stop at the Cracker Barrel restaurant in Naples on the way up for breakfast and on the way back for a late lunch. When we got back to my house in Miami we were both very tired from the long ride. Manny came into my house to rest for a few minutes before heading home. Rather than rest, Manny got more stimulation than he bargained for.

When we got to my house, I had to let all of my animals out of the house, including my pet pig, Princess. Manny wanted to see Princess so he accompanied me out side. Princess was supposed to be a Vietnamese pot bellied pig, however, she must have been cross bred with a boar because she was huge pig. At the time Manny was there, Princess was in heat. Princess took one whiff of Manny and fell in love. Once Princess decided she was in love, there was no stopping her. Princess proceed to try and mate with Manny many times. Manny wanted no part of that nonsense and began to run. Princess, who could run very fast in short spurts, caught up with Manny each and every time and cornered Manny and began her mating ritual. I had never seenanything so funny in my life. There was Manny, dressed in a business suit, running around in circles, trying to evade the advances of a pig. After I got my laughing under control, I was able to save Manny from the amorous Princess and keep his dignity and honor in tack.

Manny, my dear friend, my confidant, my mentor, my “big brother” you have left a big hole in my heart. I will miss you beyond what words can express. I hope you know what an impact you made on my life and the lives of your wonderful family, colleagues, friends, and acquaintances. You will be dearly missed by all.

I love you.Gail Grossman

Rumpole responds: Well written and well done. Another great post on our dear departed friend. As Judge Glick so eloquently stated, we honor his memory by telling those "Crespo stories". Plus, if you email us a picture of princess, we will post it.

ROY BLACK COMMENTARY

Mr. Black dominated the posts this weekend.

Anonymous writes:

Why are all you kiss asses so nice to ol Roy Boy - did you all forget that the guy has caused riots in black Miami through his representation of a cop who shot ayoung black teen in the back. ?Of course you die hard PC defense attorneys will say every defendantdeserves the best attorney. And that's true, but the bottom line is that verdict perpetuated a system of white is right and too bad if you're black.Any wonder why to this day the state will never prosecute any of these bad cop shooting cases. That's his real legacy.


Rumpole roars: How did you find this blog? With reasoning like that we find it impossible to believe you graduated High school. You can’t really be a member of the bar can you?

What would you suggest Mr/Ms “not know it all?” Should Mr. Black screen the cases he wants to take by a committee who will approve what clients it is ok for him to represent? Or should Mr. Black (or any attorney) just pre-judge a case and not try so hard to win if the social repercussions of a win would be severe?

We hate bad or dirty cops. But in our society, the prosecution is required to prove their case. And if they can’t, the charges are meaningless.

Mr. Black didn’t cause any riots. He did his job very well, and that is all he did.

Little history lesson for you ( we want to include an epithet starting with 'numb' but we won't) : On March 5, 1770, British soldiers fired on a mob of colonists in Boston. This incident, known as the Boston Massacre, enraged American colonists. Yet John Adams, future second president of the United States and cousin of Boston Patriot-leader Sam Adams, ended up defending the soldiers in two separate trials, getting acquittals for most, even in an atmosphere where American mobs threatened to end the trials with lynchings.

President Adams had a pretty fair legacy, and when all is said and done, so will Mr. Black.


Anonymous warns:

Many well respected criminal defense lawyers take the position that due dilligence must be taken before they accept legal fees from drug defendants. This might prove to be mistake. If you are paid from the defendant or his family, you are immune from federal prosecution if the fee is bonified ie for legal services rendered.

And Jason Grey yells:

Are you nuts ! just ask Johnny Elso, Art taylor , Frank Quintero, Paul lazarus, Etc. The feds will go after any lawyer who won't lay down. Fees are an easy way to get you, once they flip your client behind your back. Forget the so -called safe harbour in the 11th . see US v Elso.


And anonymous corrects Mr. Grey:

It's Neil not Art and you got me with that one.

And Jason finishes up:

Apologies to both neil , and arthur taylor, I was kinda drunk last night
Jason Grey

Rumpole warns: we have already discussed the dangers of drinking and blogging in previous posts.

Anonymous writes about Mr. Black:

Great lawyer? yes. Innocent? Yes. But wonderfull person? Rumpole do you know Roy personally?

Rumpole replies: We know Mr. Black professionally. We have been at social occasions where he was present. Does he call us up for golf, or for a referral?
Nah. We have seen Mr. Black’s kindness, hidden under one of those black suits, but it is there.

On the Bar Complaint post , Anonymous correctly says:

Rump, you blew it on this one. Why in the world you you allow someone to attack a respected member of the Bar anonymously like this? Is the purpose of you site to provide an opportunity for bitter (and, spineless) folks to slam other people? This attack on Brian is ridiculous. The author knows (or should) that it would be unethical for Brian to respond. I can't believe you posted this

Rumpole apologizes: You are 100% correct. We debated on the post, and in retrospect there was no debate. If the poster did not sign his/her name, the post should have been removed. Every now and then ( or more often if you talk to the judiciary) we blow it. We apologize to Mr. Tannebaum.

If we announce a bright line rule about posting a name if you criticize a person, then people who complain about Judge XYZ for showing up late would have to post their name. And we don’t want that. So if the rule is arbitrary on this blog, then we become the final arbiter of what some one can post anonymously and what someone cannot post.
We invite input on this one.



On the alleged personal ad, Jason Grey writes

I can't remember the last time I saw real and spectacular in the samepackage. This needs further investigation

Rumpole says: should married men be investigating this sort of nonsense? We would be happy to devote the time and energy to finding out if that winsome young woman is real (and spectacular).


DIRTY COPS AND KARMA

John Brown writes: as a long time defense attorney, i have no sympathy for state witnesses who fail to show up for their depositions and end up facing rules to show cause. boo hoo! when lazy cops skip their depos, defendants rot in jail and are forced to blow their speedies. maybe cops should spend more time showing up for depos and less time fabricating a-forms and stealing money from arrestees. check out this link in case you've been living in a cave. bad karma finally catches up to some real bad cops! i suppose ofcs. losada and fernandez won't be showing up for depos in the forseeable future! hahahahaha!


Rumpole reminds: These men are innocent until proven guilty. See the first post about Mr. Black's representation in the McDuffy killing and the Lozano case. The final chapter has yet to be written about these two police officers.

PERSONALS

We received this post, a first of its kind:


SWF, assistant public defender, <30, face="Arial">And three witty readers were moved to post:

kendall coffee here. call me. i don't bite.

funny.. where is the pic

Pity... if you were Sandra Day O'Connor, I'd be interested.

Rumpole Responds: Well this is a first. However, nothing says that our blog cannot contribute to true romance… or just hooking up. Certainly many lawyers have found love, if not lust, within the confines of our little world.

Speaking of marriage… a former Judge was interviewed in the NY Times today on what its like to be incarcerated. Here is an excerpt:


A Fallen Judge Rethinks Crime and Punishment
Until 2001, Mr. Amundson, who is 56, was a highly regarded judge who sat on the Minnesota Court of Appeals, the state's second-highest court. Mentioned in legal circles as a likely nominee to the State Supreme Court…Then he was caught taking $400,000 from a trust fund he oversaw for a woman with the mental capacity of a 3-year-old, money he spent on marble floors and a piano for his house as well as model trains, sculpture and china service for 80, all bought on eBay. The Judge was prosecuted and sentenced to prison.
The former Judge said: "Judges can say they have no idea what's going on in prison," Mr. Amundson said from a worn couch in the halfway house. "But if you know what's going on and you are still callous, God help you. If you are part of the system that does the things the system can do, God help you."

Rumpole Ponders: prison is unfortunately a necessarily evil in any society. There will always be a certain number of people who can never live in society. But in the United States Of America, more people are incarcerated then were incarcerated in the Soviet Gulag of the 1950’s-1970’s. Over two million Americans are now in prison. One in every 142 residents are now in prison. Source: usgovinfo.about.com/cs/censusstatistic/a/aaprisonpop.htm

Here’s an interesting snapshot: In 2003: "California has a total population of 33 million people and 159,390 inmates. Germany has 82 million people and 56,000 inmates. Indeed, the California DOC employs nearly as many people as Germany imprisoned."Source:innocentinprison.org/information/usa.html

How does an industrialized nation like German have less people incarcerated than the State of California? Something is broken here.

Finally, anonymous weighs in on multiple topics:

Roy Black is one of the finest human beings in our legal community.On another note, Rumpole suggested that defense attorneys (and PDs) are not wannabe prosecutors. NOT TRUE. Any former ASA will tell you that the most vindictive people bringing charges in the courthouse are the PDs that have an opportunity to file for a rule to show cause against some police officer or victim that failed to appear for a depo.

Rumpole sez: Roy is a wonderful person. We presume him innocent, and would be disappointed if any charges were filed.

Some defense attorneys abuse the depo process… and some police officers have a wanton disregard for any subpoena they receive. We think Judges can sniff out the defense attorneys that set unreasonable depositions and the witnesses who don’t give a damn.

See You In Court after the long weekend.

Remember this weekend: over 30 years ago a distinguished American dared to dream of the day when his children were judged by the content of their character and not the color of their skin. Are we there yet?

SAY IT AIN'T SO ROY

ROY BLACK UNDER INVESTIGATION?

See Daily Business review headline here: http://www.dailybusinessreview.com


We don't know much except this: This has been an on going investigation for a few years. Mr. Black has been aware of the investigation. Does that mean he has received a subject or target letter? We don't know. Our favorite Federal Blogger is involved, not as a suspect of any wrongdoing however, but he ain't talking either. See that here: http://www.sdfla.blogspot.com
(scroll down to the "no comment" post.




Shoeless Joe Jackson.

Say it ain't so Joe (Roy).

See You In Court (not that we've been hired for this case. Our disorderly conduct practice does not allow for us to devote time to this matter.)

REIFF REDUX

Founding member of the “not afraid to sign my name” club, roars:

(this post was delayed due to the Crespo posts)

Dear Rump:

I appreciate your hard work on the blog site but it is getting rather frustrating that some ex-prosecutor (anonymoose) is taking anonymous pot shots at me which I am helpless to defend (a defense lawyer who can not defend himself; what irony).

As far as I can tell, all of the posts have come from the same person, whose ass I probably kicked in trial. I'm sure you would not be too happy if they took such unfounded shots at you (the actual lawyer, not the fictitious one). So please Rump, filter or leave me out of the site when this moron makes his idiotic posts.

I try to do my work with diligence and creativity. I do not seek out the limelight or the fanfare although I will vigorous propound the defense point if requested to do so (so the public doesn't think that everyone is guilty). I even turned down "48 Hours" a few years ago because I didn't want the attention (they then went with Catalano).

The bottom line, Rump, is that I really don't need this little weasel chipping away at 20+ years of my reputation without the opportunity to fight back. After all, at the end of the day (or career), that's all we have; our good name and reputation.

Thanks.

Bobby Reiff


Our Favorite Bard wrote:

Who steals my purse steals trash;
'tis something, nothing; 'twas mine, 'tis his, and has been slave to thousands;
But he that filches from me my good name
robs me of that which not enriches him
and makes me poor indeed."
Othello.

And in the very same play, twas also written:

"O, beware, my lord, of jealousy!
It is the green-eyed monster,
which doth mock the meat it feeds on."

Rumpole responds: Mr. Reiff, you are one of our favorite readers and posters. Our rules do not allow personal attacks, and although you apparently have a critic, his/her posts are not out of bounds (saying for instance that you are a lousy hockey player). We cannot agree to allow someone to opt out of our free ranging discussion of the REGJB because they don’t like it. You have your fans. Indeed, you now are part of an inside joke about never losing a case. Careful readers know you were attacked for that, and that you eloquently responded with a defense that included one difficult loss. You should just keep reading and writing. We will make sure no cheap shots get by us. Indeed, most readers were tired of the little contretemps, and we invite you to turn that razor sharp wit and well oiled key board to some of the other topics of the day. After all, you are a published author. Please keep reading and writing. Your critic has the courage of a mouse for taking shots anonymously.

We draw your attention to November 7, 1962. Richard M Nixon loses the race for Governor of California and announces that this will be his last press conference:

"I am not Bobby Reiff"


"You won't have Dick Nixon to kick around anymore because, gentlemen, this is my last press conference."

Mr. Reiff, you do not want to go out in some Nixonian huff. Looked what happened to him. It's bad karma.

MEA CULPA JUDGE YOUNG

We took a shot at Judge Young for addressing an email to “Howard” thinking he was talking to us (our email address).

Judge Young issued the following ruling:

Rump, I was commenting on Howard Rosen's suggestion not addressing you. I'm sorry you felt neglected.

Rumpole Responds: It must feel lousy to be accused of something you didn’t do, especially when there was evidence against you. Of course, of all the Robed Readers this could happen to, you are one of the last ones who would need the lesson. Your courtroom is a bastion of fairness where everyone feels welcome and knows they will be treated fairly. Accept our apologies for our unjust accusations. And thanks for reading.


SIGHTING!!!: Anonymous writes:

Rump was spotted at the viewing tonight.

Rumpole admits: yes, we were in the Rumpole mask.


SPECIAL ANNOUNCEMENT:

A joint agreement for a “Pilot Project” between the courts, corrections, and the FACDL was announced today. Called “Bonds for the Fittest” all parties have agreed that in lieu of a Bond Hearing, newly arrested clients will be housed for 30 days at TGK or the Stockade where the fittest among them will obtain release upon escape. The rest will be transferred to DCJ for CTS pleas. With the decision against intelligent design, Darwinism is back in vogue and it is believed this program will withstand federal scrutiny.

A MEMORIAL TO JUDGE MANNY CRESPO BY JUDGE LEONARD GLICK

A FRIEND IS NOT WITH US TODAY

JUDGE MANNY CRESPO WAS
A FRIEND IN THE TRUEST SENSE OF THE WORD.

MORE THAN JUST A HUSBAND
MORE THAN JUST A FATHER
MORE THAN JUST A DOTING GRANDFATHER
MORE THAN JUST A BROTHER
MORE THAN JUST A COLLEGUE TO THE 100 PLUS COUNTY, CIRCUIT JUDGES AND APPELATE JUDGES.
MORE THAN JUST A BOSS TO HIS JUDICIAL ASSISTANT
MORE THAN JUST “THE JUDGE” TO THE COURT REPORTERS, CLERKS, CORRECTION OFFICERS, POLICE OFFICERS AND LAWYERS THAT WORKED WITH HIM.
MORE THAN JUST THE CONSUMATE PUBLIC SERVANT TO THE MILLIONS OF CITIZENS OF MIAMI-DADE COUNTY.

MANNY WAS ALL OF THESE THINGS, IT’S TRUE, BUT ABOVE ALL, TO ALL OF THE ABOVE, HE WAS A FRIEND.

A FRIEND WHO KNEW WHAT THE WORD LOYALTY MEANT AND PRACTICED IT.

AN UNCONDITIONAL FRIEND WHO DID NOT KNOW THE MEANING OF THE WORD NO! ALWAYS THERE FOR YOU, ALWAYS READY TO HELP, GENEROUS TO A FAULT.

SOME OF US TOOK ADVANTAGE OF OUR FRIEND'S GENEROSITY, BUT HE DIDN’T CARE. HE NEVER EXPECTED REPAYMENT.
HE DID THINGS FOR HIS FRIENDS BECAUSE HE LOVED US…..
AS MUCH AS WE LOVED HIM.

HE CARED ABOUT EVERYBODY, TALKED TO EVERYBODY, RELATED TO EVERYBODY, MEN AND WOMEN, …. MAINTENANCE WORKERS, CLEANING STAFF, SUPPORT STAFF, BAILIFFS, POLICE OFFICERS, LAWYERS, JUDGES, POLITICIANS, THE RICH AND FAMOUS.

A DOWN TO EARTH GUY.
A MAN WHO LOVED BEING A JUDGE AND WASN’T CAUGHT UP IN THE AURA OF SELF-IMPORTANCE.

HE LOVED BEING A JUDGE AND DOING THE JOB, DAY, NIGHT, DAY AND NIGHT, LATE INTO THE NIGHT AND WEEKENDS.
HE PROBABLY WOULD HAVE GONE 24/7 IF HIS WIFE, SUSI, WOULD LET HIM.
MANNY WAS A TIRELESS PUBLIC SERVANT WHO ALWAYS GAVE 120%.

MANNY ALWAYS TRIED TO DO THE RIGHT THING EVEN IF IT WASN’T ALWAYS THE POPULAR THING.
HE MADE THE TOUGH CALLS THAT AFFECTED PEOPLES LIVES AND WHETHER YOU AGREED WITH THE DECISION OR NOT YOU ALWAYS KNEW YOU GOT A FAIR SHAKE.

THINK ABOUT IT! HAVE YOU EVER SPOKEN TO ANYONE WHO HAD A BAD WORD TO SAY ABOUT MANNY?

EVERYONE OF US HAS A “CRESPO” STORY THAT WE LOVE TO TELL AND RE-TELL. SOME ARE FUNNY SOME ARE LESS FUNNY.

WE WENT TO HIM FOR COUNSEL ON A VARIETY OF TOPICS:
POLITICAL ISSUES
PERSONAL PROBLEMS
LEGAL STRATEGIES
HE ALWAYS MADE TIME FOR US AND GIVE US HIS BEST ADVICE.

MANY OF US HAD THE CHANCE TO SHARE IN HIS PASSION, WORLD HISTORY, ESPECIALLY THE HISTORY OF WAR.
HE WANTED US TO KNOW WHAT HE KNEW SO WE WOULD APPRECIATE WHAT THAT GENERATION ENDURED AND ACKNOWLEDGE THEIR SACRIFICES…..
HE WAS MORE THAN A STUDENT OF MILITARY HISTORY, HE WAS “THE PROFESSOR” AND WE WERE HIS STUDENTS.

I HAD THE GOOD FORTUNE TO TRAVEL AROUND THE GLOBE WITH HIM TO FAR FLUNG BATTLE FIELDS IN EUROPE AND THE CENTRAL PACIFIC.

TRIPS TO ENGLAND FOR THE 60TH ANNIVERSARY OF THE BATTLE OF BRITAIN……LAST MARCH TO SAIPAN, TINIAN, GUAM AND IWO JIMA.

THE TRAVEL WAS GRUELING, FLIGHT TIMES WERE LONG, BUT THERE WAS NEVER A COMPLAINT FROM MANNY, NEVER A DELAY BECAUSE OF MANNY. HE WAS LIKE THE ENERGIZER BUNNY…HE JUST KEPT ON GOING!!
HIS INDOMINATABLE SPIRIT AND ENERGY LEFT YOUNGER PEOPLE IN OUR GROUP IN AWE.

WE LIVED THOSE EVENTS AT THESE 60 YEAR OLD PLUS BATTLEFIELDS BECAUSE HE MADE THEM COME ALIVE WITH HIS INEXHAUSTIBLE FUND OF KNOWLEDGE.

THIS IS HIS LEGACY

A HUSBAND, A FATHER, A GRANDFATHER, A BROTHER, A BOSS, A JUDGE, A COLLEAGUE, A TEACHER…………….YOUR FRIEND.

JUDGES, ESPECIALLY THOSE OF US WHO WORK IN THE CRIMINAL DIVISION, LITERALLY, AT TIMES, HAVE THE POWER OVER LIFE AND DEATH IN OUR HANDS.

IN SPITE OF OUR POWERS NO ONE OF US CAN BRING THE DEAD BACK TO LIFE. NOTHING CAN BRING THE DEPARTED BACK TO LIFE……..
……..EXCEPT
MEMORIES

SO PROMISE YOURSELF TO:

REMEMBER HIM

SPEAK OF HIS LIFE OFTEN

TELL THOSE “ CRESPO” STORIES

BY KEEPING HIS MEMORY ALIVE,
YOU - HIS FRIENDS - BRING HIM
BACK TO LIFE AND ALLOW HIM TO LIVE FOREVER.



IT WAS A PRIVILEGE TO HAVE KNOWN HIM

IT WAS A PRIVILEGE TO HAVE WORKED WITH HIM

IT WAS A PRIVILEGE TO HAVE WALKED WITH HIM

IT WAS A PRIVILEGE TO HAVE LEARNED FROM HIM


HE WILL BE MISSED, BUT IF YOU KEEP YOUR PROMISE

HE WILL NOT BE FORGOTTEN


Judge Leonard Glick
1/10/06

MAIL BAG

(we held back posts for two days in Honor of our dear departed friend Judge Manny Crespo. Keep the comments and memories about Judge Crespo coming, and we will post them in the Memoriam Post.

Judge David Young wrote us: "Howard, I have proposed naming the Bond Hearing Courtroom in Manny's memory. Manny loved do bond hearings and it would be, in my opinion, a fitting tribute to the jurist who loved and respected everyone."

Rumpole reminds Judge Young: call us Rumpole, Rump, etc. We know the email is confusing, especially to some older Robed Readers. It keeps us safely anonymous.)


BREAKING ELECTION NEWS:

Josie Velis, has filed to run against Dennis Murphy.

And a pollster responds:

Murphy shouldn't worry. He's got Miami's Irish population nailed down.

And a political consultant weighs in:

Ms. Veliz is gonna get creamed.

Rumpole opines: Is there a better judge in the Justice Building than Judge Murphy? He is fair, friendly to attorneys, considerate of scheduling (despite our good natured ribbing about his 8 am Friday calendars). He conducts a good trial, and sentences defendants fairly. Well done Judge Murphy. You have our vote, and our financial support (you take British Cheques in Euros, right?)
These “challengers” should be required to put in writing one paragraph about why a Judge deserves opposition. Judge Murphy won election to the bench and we are very sure he will defend his seat with courage, honor, and send Jossie back to her pussycats.


Our Favorite dual named blogger complains about
“just-us”

Hey Rumpy-you write about the justice building-get our head out of thesand-there is no justice in Dade County or in Florida for thatmatter. Its just an illusion created with smoke and mirrors by judges tofool the people into thinking they are getting justice. Its like a leadbrick painted with a layer of gold paint-when you chip away the falseveneer for the most part you find judges who think their judgeships area birthright or a life estate that can be challenged by no one , for whom due process takes a back seat to case management for as we all knowRumpy-judges are evaluated by their case management skills not by their legal acumen. Justice is alive and well in Dade County-David Copperfield told me so . Ta Ta

Rumpole Responds: Thanks Comrade. Any Judge care to respond and put this cynic in her place? Or is she hitting a little to close to home?

ps. What is the term for a person who uses the same first and last name like Gayle Gayle? Our linguistic abilities have failed us in this regard.

Miss Trial?

Dear Mr. Rumpole,
Did you hear the one about the ASA who asked the Detective questions directly covered by the Motion in Limine? This was after the Judge took the time pretrial, to explain to ALL the State's witnesses Not to discuss these areas! Oh yeah, the ASA was present for this judicial lecture, but less than two (2) hours latter , he asked the lead a series of prohibited questions and caused a mistrial. So I ask the above question: Is He Stupid or did he Purposely Provoke a Mistrial?

Sincerely yours,
Liberty's Second to Last Champion

Rumpole Responds: You tell us, you were there.

A famous legal scholar once said "stupid is as stupid does."


Jason Grey, charter member of the “not afraid to sign my name” club, raises an excellent point:

How many times do we have to see a Defendant sit no-bond for a month (waiting for the elusive Arthur to arrive), because he slapped his girlfriend/wife/boyfriend/husband/civil lawyer, through an open car window?Jason G

Rumpole quips: Slapping your civil lawyer is defined by statute as a second degree misdemeanor with a rebutable presumption that they deserved it. If you slap your divorce lawyer, you get bonus points and a downward guideline deviation.

Of all the over-charging examples, the domestic violence arrests are the most odious. Shouldn't the State Attorneys Office help the arresting officers undertand the difference between a misdemeanor and a life felony? Or do they like having people sit twenty and thirty days without a bond before the case is bound down?

DARTH VADER WRITES? NAH.

It is time that I respond to the slander that has been written about me on this web cite. It is apparent that you, Mr. Rumpole, have sided with the evil men and women who continue to disregard and distort my life time of public service to the community. I hereby order you, as your elected public defender, to stop publishing and posting negative comments about me. Govern yourself accordingly. Bennett H. Brummer


And a Sharp eyed reader posts this:

Wouldn't you think Bennett Brummer would know the difference between a web cite and a web site....?

Rumpole responds: You can block a site, but not cite a block.
(readers will recall it has been alleged Mr. Brummer has blocked our site on his PD computers)
As to Mr. Brummer's "order" we respond that we are not his waiter and cannot take his order. We will send Mr. Stein to his table forthwith to take the order (watch the muffins) .

MOVIE TRIVIA rears its ugly head:

"Drinks are on the house" is a line from Good fellas by Robert De Niro playing Jimmy Conway, the Irish gangster. Prejudice against Italians in this day and age?

Rumpole reminisces
“…but what Jimmy really loved to do was steal.”

Ahh... for a client like gentleman Jimmy.


AUTHOR AUTHOR

A reader who is a writer solicits our help:

2 judges/ 3 prosecutors/ 2 " defense attorneys"...i'm writing a book thatwill be a best seller and would like more juice on others that gotrailroaded/betrayed...etc. by these individuals...you will be praised in thebook ...if you can help

Rumpole Responds: Come to our courthouse every day. There are a million stories in the naked city, this is one of them…..

IN MEMORIAM JUDGE MANNY CRESPO

THE HONORABLE MANNY CRESPO PASSED AWAY.
WE MOURN HIS PASSING. (We will update and add the wonderful comments as they arrive, and we will print them out and send them to Judge Crespo's wife at the end of the week. Keep the memories coming)

We knew Manny Crespo from the time he was a defense attorney. Manny was a civic minded attorney who served his community with distinction and honor. Prior to becoming a judge, he served on many civic and bar committees.

An avid World War II buff, Manny was a proud patriot and true American.

As a Judge, Manny worked hard, putting in long hours. He was a frequently called upon by judges to handle their division during “plea” calendars.

Manny dispensed justice with common sense and a little bit of home spun Cuban humor and wisdom. Manny was a true Justice Building character, a true servant to this community, a highly respected jurist, and as we can see from the posts, a friend and mentor to many.
Judge Manny Crespo will be missed and fondly remembered by all who had the pleasure of knowing him.

The viewing will be held Tuesday, January 10th from 5:00 p.m. to midnight at Caballero Rivero Woodlawn, 8200 S.W. 40th Street, Miami, FL, (305) 227-3344.

The mass will be held on Wednesday, January 11th at 10:00 a.m. at the Church of the Little Flower, 1270 Anastasia Avenue, Coral Gables. The burial will immediately follow at Flagler Memorial Park, 5301 W. Flagler Street, Miami, FL 33134.

In lieu of flowers, the family is asking that donations be made to the American Cancer Society in Judge Crespo’s name.

Condolences may be sent to:
Mrs. Aracely Crespo
3916 S.W. 62 Avenue
Miami, FL 33155


Judge David Young warmly writes:

Manny was one of the kindest individuals I have ever met. He was more than a colleague, he was a friend. The world needs more people like Manny.

Judge Jimenez remembers:

Manny invited me to my first CABA function when I moved down to Miami, and we have been friends for twenty-five years. I am very proud of the fact that he swore me in as a judge.About 20 years ago, Manny, Sy Gaer and I won a jury trial in a 15-yr drug trafficking case, and Manny insisted on taking us with our wives to dinner at Christie's to celebrate. We had the greatest time because with Manny you couldn't have less than the greatest time. He was full of superlatives.


Judge Scott Silverman writes about Manny Crespo fondly:

Manny was a special person and a friend to all those who met him. Even with all of his physical ailments of late, he continued to display a positive and jovial character which was his trademark. Anyone who knew Manny knows that he loved being a judge. However, he was never judgmental. Manny was a gentle man with a heart of gold. He was passionate about his work and about dispensing justice. The only reward he sought was the satisfaction of knowing that he was serving the public and the law which dearly loved. Though Manny was called Honorable, he was worthy of the title. I can think of no better description for him. Now, our dear friend sits as a fixed star in the universe of jurist. He is missed.

Judge Henry Leyte-Vidal writes:

I met Manny back in 1979 and he immediately won me over with his warmth and personality. We have been friends ever since. A man who did not know the meaning of no when asked to take on any task. A great judge but more importantly a great man who had touched thousands of lives. I will never forget him and his spirit will live on in this building he loved so much

Judge Katie Pooler writes:

Manny was genuinely kind and warm. He really cared for and respected people, no matter who they were, and shared his humor and interests with everyone. I've never known anyone who had so many close friends. I met Manny when I was a young ASA, and shared lots of coffee and plea negotiations with him in Cozzolli's (pre Pickle Barrel for the youngsters.)Manny was on the JNC when I applied, and he was my champion. There is tremendous sorrow in the world for his passing. Katie Pooler.

ASA Howard Rosen remembers:

I recall how on one particular occasion when I appeared before Manny Crespo after not being before him for a few months he called me up to the bench after my hearing was concluded, held out his arm to me, and said, “You always have a friend in this court.” And that is truly how Judge Crespo made people feel, that he was a friend. He enjoyed speaking with (and listening to) lawyers, jurors, Corrections officers, and anybody who came into his courtroom. Because we can all recall how he would step down from the bench to address jurors, it would be a nice gesture of remembrance if perhaps the main juror assembly room in the Gerstein Building or some other suitable location could be named in his honor. He will be missed.

ASA Howard Rosen



And Jason Grey remembers:

One of the best! He knew BS when he saw it, and was never afraid to get involved. The best jury selection on the planet. He was A friend and will be missed.

Phil Reizenstein remembers :

Manny Crespo took the time to pull me aside one day when I was a young ASA and tell me he thought I was doing a good job. His words meant a lot at the time. We both shared a love of history. One day after a Judge sitting in for him had denied a motion for a continuance at sounding, I appeared for trial. I again asked for a continuance and told Judge Crespo that the Judge covering for him had denied my motion. I qupted the judge as saying "a further delay would be too bitter to contemplate." Judge Crespo got a big smile on his face, recognizing that I was quoting General Eisenhower's famous words when he gave the go ahead for the D-Day invasion. Manny gave me the continuance I needed.

ASA Michael Grieco writes:

Was on the bench for selfless reasons and truly believed in justice. His tongue-in-cheek plea blitzes and colloquys took some of the monotony out of the courthouse and made practicing law enjoyably unpredictable. He has found a way into at least half of my more entertaining courtroom anecdotes (Can never forget him telling a sentenced prisoner that he'll never smell a woman again) and will be missed both as judge and a friend

Former ASA Aaron Dorfzaun writes:

I had the pleasure of being assigned to Judge Crespo's courtroom during most of my last year as an Assistant State Attorney. During this time, Judge Crespo became both a mentor to me as well as a dear friend. Like nearly all of those who appeared before him, my memory is full of many stories of the happenings in his courtroom. A large portion of the stories of share of my time as an ASA are from my time in his courtroom. Judge Crespo always treated me fairly, and with dignity and respect. That was the way he treated everyone who came into his courtoom--attorney, defendant, clerk, corrections officer, policeman, juror, civilian. I will never forget his personal thanking of jurors, and his shaking of each juror's hand after a trial. He took a strong and sincere interest in both my professional development as well as my personal life. Judge Crespo taught me a lot about being an attorney. But more importantly, he gave me many fine lessons about being a good person and a good father. Judge Crespo was a fine jurist, but an even better person. He balanced his love of the law with love for the community and his family. And he did it all with the humility that only someone like him could possess. Thank you, Judge Crespo, for all that you have done for me. I will miss you, and I will forever be proud to call you my mentor and friend.


Steve Talpins remembers:

Manny was a mensch. During my 12 years in the Miami-Dade State Attorney's Office, the biggest complaint I ever heard about him was that he slowed things down because he was so interested in what everyone had to say. Years ago, I visited his house so he could review a warrant (he was covering for another judge, as usual). He invited the detective and I in and offered us dinner (I half expected him to offer us lodging as well). LOL. Wouldn't it be great if all of us put so much time into our relationships? Manny always focused on what mattered most: people. Who can ever forget his coming out from behind the bench to address his jurors (or the standing ovations they gave him!)? He also tried hard to be fair and to follow the law. As a result, he was one of a handful of people liked by everyone; even the most tenacious lawyers on both sides of the bar. He is irreplaceable.

Ruben Oliva writes:

As a private attorney he was always willing to help the younger lawyers, ready to dispense nuggets of wise advice. As a Judge he always treated the lawyers as Officers of the Court and everyone else with dignity and respect. He was irreverent and funny when the situation was right but took his duties seriously. He will be truly missed. When he became a Judge many of us lost a mentor, now we've lost a Judge that set the example on how to wear the black robes.

Sharon Berger Cooper writes:

I appeared before Judge Crespo as a new lawyer, only a few months out of law school. Most Judges, especially Circuit Judges treated me with little regard or respect. However, after a bond hearig in Judge Crespo's courtroom, he called me to his bench. I was sure he was going to admonish me for something I must have done wrong. However, he smiled at me, and said that I was doing a great job. he then asked where i went to law school and how long had I been practicing. I never forgot that day. And, now several years later, I am a stay at home mom and am no longer practicing law. However I have always found myself paying particular attention to cases in which i saw Judge Crespo presiding upon, in the news. And, sadly I saw the news yeasterday of his passing. he was such a kind man, but never compromised his responsibilities as a Judge. Everyone will say that he was gentle and kind, but he was not a push over, nor was he lenient on the defendants that came before him. I could go on and on. What a terrible loss...


Anonymous writes:
Would that all judges acted with Manny's character.

Anonymous writes:
Judge Crespo was such a wonderful guy. He was loved so much by all sides, and knew when to be serious and when to be playful. He had a great sense of humor and was so caring. I will miss him a lot. We need more Judges like him, but more importantly, we need more people like him.

3RD DCA TO HIRE ABRAMOFF????

Check out the new poll...ASA's only. Vote quickly on older polls which will be closing.

Anonymous whispers: (gratutious Bobby Reiff shot warning)

Heard a great rumor-- apparently our robed brethern who practice down by FIU feel that they are not being proprely compensated for thier work as appellate judges. I have heard that Ron Book, (Uber lobbyist and quite frankly someone who deserves the term uber far more than Bobby Rieff who beats up on lawyers three months out of law school but I digress) has agreed to lobby on their behalf for a pay raise. While that is strange enough, I Have also heard that Mr. Book is doing this gratis or on the house as Michael Corleone might have said. Does anyone see a problem with having Appellate Judges using a lobbyist to lobby for a pay raise and not paying that lobbyist? Does anyone not see a potential conflict of interest when these Judges are asked to Rule on Issues on which Mr. Book might have some interest?Anyone else heard this one?


Rumpole Replies: The Third DCA might want to read the newspapers these days. Indicted lobbyist Jack Abramoff has pled guilty to two federal indictments, one in South Florida (congrats AUSA Larry “F’n” Lavecchio) in which one of the counts charged that he defrauded an Indian tribe in Texas by agreeing to represent them for free so long as they also hired another lobbyist, who promptly kicked back about 10 million or so.

Old Indian proverb: beware white man who offers to work for free.

Querry: how can we get in on this Indian Lobby game and scoop up some of the wampum from those suckers who play the electronic pull tab games?

Final Thought: Read that above post carefully. “Apparently our robbed brethren who practice down by FIU…” hmmm brethren implies that perhaps a judge has written this??? We know we have Robed readers, despite our frequent cheap shots at their intelligence, we know we have Robed readers who enjoy this little blog.

Michael Corleone wasn't famous for saying something was on the house. However, he did say this:"You can have my answer now senator if you like.My offer is this: nothing. Not even the $20,000 for the gaming license, which I would appreciate if you would put up personally. "

The Third DCA Motto is not "leave the gun..take the cannoli" but "file the brief ..take the PCA".


WE NEED A LITTLE HELP

Many of you know about the Judge who called the PD at home to berate her for winning an appeal and having him reversed on the sentence. We need the PD’s email address so we can confirm it with her, before we blast this self important supercilious judge who just happens to be up for election this year. If you have her email address, or if she reads this, please email us at howardroark21@gmail.com.


THANKS NEW TIMES BITCH

Great little bit on our humble blog.

Shame on you Darth Vader for denying your foot soldiers access to our blog.

YOU’RE NUMBER 1!!!

COURT CASE: F06000001
Name: SNYDER, RALPH FRANKLIN
DOB: 02/15/1961
Date Filed: 01/01/2006
Date Closed: 00/00/0000
Hearing Date: 01/20/2006
Courtroom: REGJB-JUSTICE BUILDING, ROOM#:4-6
Judge: MILLER, DAVID C
Defense Attorney: PUBLIC DEFENDER APPOINTMENT, ASSIGN


“Congratulations” to Ralph Franklin Snyder for being the first case number of 2006.
F06-0001.

You’re number one, this year. Just like the Texas Longhorns.

Our condolences on all other aspects of your case.


See You In Court.

PETER, PAUL, MARY, SPIDERMAN, AND SANTA CLAUS.

A blogger who is on a first name basis with us, and is a scholar of management, fires a few shots at Judge Farina and his crew:

Hey Rumpy- well a new year brings new judicial assignments- I m sure Judge Farina will do as much as he can to ensure that the "Peter Principle"-that’s a management term Rumpy-is alive and well in the Criminal JusticeBuilding of Dade County.

He has set up a system whereby the people with the least amount of criminal and/or trial experience get assigned to the criminal justice building where they hurt the most people with their incompetence. Unfortunately Judge Farina has lost sight of or doesn’t care that the criminal bench, be it county or circuit is not the place for on-the job-training -and the people with the most trial experience get assigned to civil where hardly anything goes to trial. Can”t beat seniority Rumpy-maybe this year Judge Areces will figure out that you don’t do JOA arguments in front of a jury and Judge Arzola will figure out that the defense is not required to divulge to the court or theprosecution their theory of defense.

ahh Rumpy -gotta love the Peter Principle.

Rumpole Responds: Not to take a cheap shot at Judge Areces, but if you are correct about her having lawyers do JOA arguments before a jury, it is a sad commentary on our judicial election system. We are simply electing judges because of their gender or ethnicity, and not because they possess any specialized experience that makes them qualified for the bench. Besides being a lawyer for 5 years, shouldn’t there be a requirement that all judicial candidates first be board certified in some area of the law before they run for office?

Regarding theory of defense, we once saw a somewhat well known and experienced REGJB attorney look a prosecutor right in the eye before a Jury was about to walk in and seriously state “VENUE” when asked what his theory of defense was. We still laugh at that one as the prosecutor scurried to look through his notes.

For our less principled (or Robed) readers the Peter Principle is defined as follows:

The Peter Principle is a theory originated by Dr. Laurence J. Peter. It states that successful members of a hierarchical organization are eventually promoted to their highest level of competence, after which further promotion raises them to a level just beyond their highest level of competence. The term is a pun on Sigmund Freud's theory of the pleasure principle.
The theory was set out in a humorous style in the book The Peter Principle, first published in 1969. Peter describes the theme of his book as hierarchiology. The central principle is stated in the book as follows:

In a Hierarchy Every Employee Tends to Rise to His Level of Incompetence.

While the Peter Principle cannot apply to an elected judiciary, the Rumpole Rules Can. Stay tuned for their imminent publication. Until then, there are just so many fat judicial targets for the Peter Principle, that we don’t even know where to begin. Suffice to say, if you are a Judge and thought the Peter Principle was about these people



(Peter, Paul, and Mary) then you have risen to your level of (in)competence.


On the Former ASA who posted about, inter alia, Miami Judges offering great pleas, anonymous writes:

Our insurance defense lawyer above is correct - we do have it great in Miami-Dade County. We also have the most volume, and the most contested judicial elections. In northern counties, no one runs against anyone, and they don’t have the volume - KIND OF LIKE FEDERAL COURT.

Rumpole Responds: is that a good thing or a bad thing?

On the ASA Bill of Rights, anonymous, a criminal defense attorney, grumbles:

speaking of not returning calls, just how many days should defense lawyers wait for you ASA's to return a call about scheduling depositions, and what should we do about the fact that you show up to about 10% of the depos anyway?By the way, you probably believe in Santa Claus if you believe you wear a white hat. Stop buying into your perceived "mission." There is no "mission." Seek justice, and temper your undeserved power with a little compassion before you go home for the night and light up the same joint you prosecute defendants for.

Rumpole Responds: Yes Virginia, there is a Santa Claus. You are correct about the depos issue, but your post has a sharp edge to it. Spiderman’s post was on the money and many prosecutors are very dedicated to their work. Relax, have a drink (we cannot suggest breaking the law) take a deep breath (inhale), Spidey had some good points. (Exhale).

Spiderman, our favorite web slinger and blogger answers our questions:

Internet is only available to DCs or higher, confirmed.Depos and suppression motions are part of the process and a defense attorney and/or his or her client should not be punished for pursuing them...as long as they are legit. Having a blanket rule regarding pleas, depos, and/or Arthur Hearings is contrary to seeking the right result.

Rumpole Responds: So when you are sworn in as an ASA you have the power to incarcerate someone, but not to log on to MSNBC at work? This is why ASA's are grumpy-no access to porn during the work day.

We use the internet as a great trial prep tool. Want to see a crime scene? Use Google Earth. It boggles the mind that most ASA’s do not have access to the internet. We bet PDs in county court have internet access.

See You In Court.
PS. We are running down a great rumor about a Judge abusing his authority and calling an attorney at home. Keep tuned, for when we post this, we will hold no punches. If you know about this, a quick email would help. We already have a few on point.

PROSECUTORS BILL OF RIGHTS

WE RECEIVED THIS POST FROM A PROSECUTOR (ALLEGEDLY) WHO SENT FROM AN EMAIL ADDRESS ENTITLED SPIDERMAN.

THANKS SPIDEY!

(WE'RE TRIAL LAWYERS TOO, LESS $$ AND EXPONENTIALLY MORE TRIALS)

1) To not have to listen to whining about "Mr. Green" if the case is a year old and the defense attorney hasn't tried a case since the invention of the wheel. I empathize with your plights to pay bills, but get SOME money up front and/or have a payment plan that's not set up like a 30 yr mortgage.

2) To not have plea negotiations go like this:

DEFENSE: CAN MY CAREER CRIMINAL CLIENT HAVE A 10/20/LIFE WAIVER?

STATE: NO, SORRY.(5 minutes pass)

DEFENSE: CAN MY CAREER CRIMINAL CLIENT HAVE A 10/20/LIFE WAIVER?

STATE: I'LL LOOK INTO IT IF U STOP BOTHERING ME.(30 minutes pass)

STATE: I GOT THAT MIN MAN WAIVER FROM 10 DOWN TO 5.

DEFENSE: SORRY, MY CLIENT WANTS PROBATION ON THAT ARMED ROBBERY.

3) To be treated with respect and as a peer. Know this: the bar exam requirements are SIGNIFICANTLY more demanding now then when some of you that claim decades of experience took it. These kids are much smarter than you per capita.

4) To not listen to furlough requests, ever.

5) To not have depositions set without coordination with us! See FRCP 3.220(h), some folks may learn something. You HAVE to call us first...

6) To not have the term "prosecutorial misconduct" cavalierly thrown around on the record.

7) And lastly, for those members of the defense bar that never wore the white hat in this county, to understand what it's like to be us...First of all, some of us suck, meaning, some of us just can't step back and embrace the big picture...i'll be the first to admit it. But most ASAs are bright and really buy into the mission. Unfortunately we have to deal with: 42 different municipalities/departments/S.O.P.'s, a police union that does not like our boss, an administration that instills fear in ASAs to C.Y.A. instead of pursuing the right result, judges whose campaigns we can't afford to donate to, budget crunches, a functionally retarded support staff, the pressure of figuring out how we're going to pay our rent AND eat this month, jurors that watch too much CSI instead of graduating high school, victims and witnesses that have worse priors than your client, and more cases than can be managed. We can't just decline a case or hire another attorney if we get too busy. We just sack up and do our jobs. So if we don't return your phone call the same day, stop calling our DC to complain! ...

I'm sure this is not my last rant, but the blog is a great call Rump, keep fighting the good fight.


Rumpole Responds: THAT WAS A GREAT GREAT POST. We were smiling when we read it. We say this as a defense attorney: Most of your points were right on the money. We have seen the problems you said and agree with you almost 100%.

However, outside of some DC’s who have good secretaries, it is difficult to get a return phone call to schedule depositions, but there should be a renewed effort on both sides to call to schedule matters at mutually convenient times.

With regard to Mr. Green- you are correct. That should never ever be mentioned in court. Part of being a defense attorney is also being a business person, and neither the court nor the prosecution should have any interest or concern about a fee when handling a case. Defense attorneys are inviting more trouble then they want or need if this becomes an issue in state court.

Prosecutorial misconduct should be mentioned in court as often as defense misconduct. Only when it truly is relevant to the case. In our entire career we do not ever remember raising that issue in court.

Mr. Spiderman: can you confirm or deny whether or not all ASA’s have internet access in your bustling office?

Finally, Spiderman, what's your position on the Prosecution rescinding plea offers if the defense takes depositions? We are not talking about the deposition of a complaining witness in a sex crimes case. That has always been a standard policy of the SAO for good reason. But we are now seeing it more and more in every day type of cases, and we believe it is 100% WRONG. Care to comment?

See You In Court [ or at a scheduled deposition].

READ THE NEW TIMES THIS WEDNESDAY

WE DID IT AGAIN! Our fair blog made the local media. No, not the local fish-wrap, but the New Times Interviewed us for an article or at least a blurb this Wednesday. Never one to pass up an opportunity for self aggrandizement, we spoke on the condition of anonymity.

RUMPOLE STIRS THE PD CAULDRON-THIS WEDNESDAY ONLY IN THE MIAMI NEW TIMES!


Speaking of silly rumors,

Anonymous, still drunk from New Years Champagne, bubbles:

rumor has it that herb smith(a.p.d.) was involved with the tgk break out of his client Rapalo as yet another delay tactic to avoid trial. rumpole, have you heard of this astonishing rumor??

Rumpole Responds: Yes, and Mr. Smith is also Batman, defending the accused by day, and donning a mask and robe at night responding to the Bat Signal wherever the Caped Crusader is needed.

A Critic blasts us (again) on the issue of Judges and sentencing:

Rump this may be the most intellectually dishonest post you have ever written. Its interesting how when someone generalizes about people you like (eg Public defenders with the exception of the incurably lazy danish eating rory stein) you repeatedly warn about the writer "using a broad brush". Here one of your writers made a valid point--that Judges in this town brought this on themselves with all the games they play in order to pursue their highest value of low audits and closing cases. In reply, you pick one particularly loathsome case and say that it answers all of the writers points. In my opinion one bad case does not deal with all of the previous writers points.
Come now rump do you really disagree with the writer when he states that Dade Judges approach most cases with the idea "what is the lowest sentence I can offer without the state appealing me?". You may be not be intellectually honest enough to admit it but you know this is the truth. You write that drug deviations had "more to do with overcharging cases and criminal records that do not reflect a persons criminal history then trying to clear audits?" Do you really believe this party line? You have written thoughtfully about how Judges, in order to reduce their audits, punish people for going to trial and how wrong that is. Can't you at least acknowledge that the same malevolent forces of audit reduction also cause Judges to use Drug deviations for the same purpose?
It always amazes me how defense attorneys (I am a former Prosecutor now in civil practice happily denying money to accident victims) will always rail about how unfair something is but cant admit that in Dade County you guys really have it pretty good. I can tell you from a few executive assignments I handled, Judges North of County Line Road do not make court offers the way Dade Judges do. They don’t let Simple cases sit for years and years and accept the lamest of excuses as to why a case should be continued. They don’t let people violate probation seven times before sending them to prison etc. (image placeholder)Come on Rump quit your whining sit back and enjoy the fact that you practice in Dade.


Rumpole Whines: Why is everyone always picking on me????

OK Civil Lawyer, here is our response: 1) What insurance company did you bill for the hour spent reading and responding to our blog? (hehehe)

2) We I don’t “like” PDs over ASA’s or vice a versa. We treat people individually as we find them.

3) Some Judges cleared their audits with below guideline sentences, some judges relished sentencing people to the guideline maximum. We hardly think the legislators in Tallahassee (motto: now you see us, now you don’t) drafted the minimum mandatory legislation to deal with a few Dade Judges. Minimum Mandatory sentences are the national trend. Federal Judges have been railing against them for years. Either you trust a Judge or you don’t. Legislators don’t trust Judges, it’s as simple as that.

4) About your comment on Judges “North Of County Line Road” not making plea offers like Dade Judges, you are simply incorrect. We are in Broward enough to see Judges who assist in plea negotiations, and Judges who don't. And we stand by our assertion that because prosecutors over charge cases, Judges are forced to interceded to remedy or prevent unjust sentences from occurring.

You prattle about “intellectual honesty”, well as a former prosecutor did you see or participate in cases where people were charged with life felonies when in fact they committed misdemeanors?

Did you ever come across a case where a police officer arrested a man for occupied burglary ON HIS OWN HOME, when his wife locked him out? Not to diminish the problem of domestic violence, but should a person who breaks into his own home and then shoves his or her spouse be charged with a non-bondable life felony?

Don’t email us examples of tragedies, we know they occur. But when the "violence" is incidental (or throwing a tea pot) should a person be charged with a life felony? We do not condone violence. Ever. As we have said, we bleed too easily. But when a prosecutor over charges a case, they abandon their decision making powers. It is all too easy to file the “Max” and seek the “Max” (how many times have you seen that written in the PFC notes, Mr/Ms. Ex-ASA?) .
It is harder to act responsibly and think and act like a lawyer.

Go to any calender on any day in the REGJB and you will see at least a half a dozen cases over charged to the point its ridiculous.

See You In Court ( not you Civil Lawyer, you guys don't go to court.)

VERDICT ON SENSELESS SENTENCING...B..O..R..I..N...G!

The verdict was unanimous: our post on Senseless Sentencing and the problems with minimum mandatory sentencing was boring.
Point taken.
We bear the responsibility for trying (unsuccessfully) to write on what we perceive to be a serious problem that is wrecking peoples lives.

Here are the comments we received:

Anonymous gets to the point:

you need to learn how to write in nice easy to read short posts. borrrrring.

A quipster quips:

From 13 Steps To Successful Blogging:8) Short & Concise .

And here is our personal favorite: short and to the point:

"zzzzzzzzzzzzzzzzzzz"


On the poll on the Judges Schwartz and their opposition,
Anonymous thinks:

The poll on judges might be somewhat distorted because it does not include "ethnic politics" as category.

Rumpole responds: Point well taken. Both Judges have opposition from Hispanic females.

On the Trial Lawyers Bill of Rights, we received these missives:

Anonymous wrote:

good idea - but you forget that the judges are tied to the 4 horsemen of the apocolypse-you know who they are. you think the division judges come up with these ideas (except for the wholly evil ones) on their own?judges are like private lawyers - they realize that getting caught in trial is the worst thing that can happen - so they make it difficult.

Rumpole Responds. We take offense at the idea that the worst thing that can happen to a privately retained attorney is to be "caught" in trial. We recognize that there are many attorneys who, after getting paid, are looking to settle the case. We believe you get what you pay for. However, there are many well qualified private defense attorneys who can try a case, and enjoy doing it. Clients looking to hire an attorney are truly immersed in a laissez faire capitalistic system, which is as it should be. We hope that word travels fast about those attorneys who are afraid or otherwise unwilling to try a case. More troubling is the issue of judges who do not want to try a case. That is what they are getting paid for. Having been around quite some time, we are very certain that the number of cases being tried today is probably exponentially more than the number of jury trials 20 years ago. And just like attorneys who do not want to pick a jury, word travels fast about those judges who have 2pm tee times, or spa appointments, or whatever

And finally, that famous Federal Blogger, he who reads not only the briefs and slip opinions, but also the committee notes (where do you even find those?) on those obscure and obtuse federal statutes, Mr. David O. Marcus, saw fit to write:

good post on the trial lawyers' bill of rights.
happy new year.

Rumpole Responds: after that beating we took on our long sentencing post, we will take priase wherever and whenever we can get it. Thanks.

See You In Court.

TRIAL LAWYERS' BILL OF RIGHTS

HAPPY NEW YEAR.
Our favorite Bard wrote “It is the purpose that makes strong the vow.”

The Here’s an idea that’s been on our minds for a while:

TRIAL LAWYERS' BILL OF RIGHTS.

The Trial Lawyer needs protection from their biggest enemy.
The one entity that can with a wave of the hand completely screw up years of hard work and preparation.

We are speaking of course of the Judiciary, some of whom are our wonderful Robed Readers.

Herewith [ and we strongly invite submissions] is our Trial Lawyers Bill of Rights:


A TRIAL LAWYER SHALL HAVE THE RIGHT

1) TO BE FREE FROM BEING EMBARRASSED AND CHEWED OUT IN FRONT OF OUR CLIENT.

We know we say and do stupid things from time to time. But Judges have chambers- and there’s sidebar. We have enough troubles with our clients without having to deal with them after a Judge has just dressed us down for something in court. [ Half the time the judge is upset because we’re late. Well, usually we’re late because we just spent 45 minutes doing an arraignment in front of the Governor's latest new nominee to the bench. ] Does Judicial demeanor matter? Ask Judge Larry Schwartz.

2) TO AT LEAST ONE WEEK AFTER RETURNING FROM VACATION BEFORE STARTING TRIAL.

This one really frosts our ass a little bit. We have an important trial. And when the Judge suggests a date, we tell the Judge we have an FACDL Ski trip for that week. So the Judge gives us a big smile and tells us that sure, she’ll accommodate our vacation, “after all , lawyers are entitled to a vacation as well.”

And then she sets the trial for the Monday after we return that Sunday.

Hey- wake up!

Don’t you know what’s involved in a trial?
Don’t you realize that no matter how well an attorney plans and prepares that there are literally dozens of last minute problems that spring up?
No. We can’t fly across the country Sunday night, stagger home at 1:00 am and be fresh as a daisy and ready to go to trial Monday morning.

If Judges don’t want us to believe that the reason the majority of them became Judges is because they couldn’t try a case, then show some common sense and give us at least a week from retuning from a trip before trial.

This may surprise some of you future Supreme Court nominees, but other than the really successful or truly awful lawyers, the rest of us have more cases than the one clogging up your precious docket.

We have clients that want to see us, employees that need guidance and your equally dense colleagues who want us to try a case in their division on the day we return from vacation.

Sometimes, and we really mean this, we wonder how some of you even got into law school.


3) THE RIGHT TO AS MUCH TIME AS WE NEED IN VOIRE DIRE.

First of all, many lawyers who get stuck in a trial don’t try a lot of cases and couldn’t conduct a good voire dire with Perry Mason sitting with them as second chair. So you needn’t worry about them taking too much time. They ask a few moronic questions about which section of the Herald the jurror’s husband reads, and then they stagger back to their table sweating bullets and grab their law school text on opening statements to see what to do next.

For the rest of us, the ones who devote time and energy to our craft, a good voire dire is crucial. It is the most important part of the trial.

We are not asking you to give us a long leash. Keep the leash short. But as long as we’re asking the right types of questions, then our clients (be it a defendant or the people of the state of Florida) are getting their moneys worth from the advocate they hired.

Just leave us alone and let us do our job. Surprisingly, when that happens, the Jury system works just fine.

You want a short voire dire? Get an appointment to the Federal Bench.

4) THE RIGHT TO BEGIN AND END THE TRIAL AT A DECENT HOUR:

We see this with a lot of new Judges, especially in County Court. Trying to establish some sort of macho reputation, they work until 11 PM and then send the jury out at midnight.

What are you people thinking?
Would you want the most important day of your life in the hands of someone who has been in the Justice Building since 8 AM making a decision about your life some 16 hours later?

What’s so difficult about coming back the next day?


That’s a good start. We have cast our bread upon the waters. Lets see what happens next.

POETRY DELUXE

POETRY DELUXE.


The Christmas Epidemic of poetry continues:
You need to read this carefully. Its sort of a Dr. Seuss book on our little world.
Say- “The Grinch who was arrested before Christmas”; or "Green Eggs in the Dade County Jail."

(we figured almost all of the abbreviations- see the code below)


Speedies fell from the skies with glee,50 days to Christmas week!
The PDs slept with thoughts of jury pardons;
While ASAs cried about the promotions.
“I will not come…you can’t make me do it."
“But you won’t let me give the guy PTD!”
“Get a continuance, Judge X, loves us.”
“You don’t understand, 3.191 says no way.”
A poor ASA with no wits to go forward,PDs circling like waiting vultures.
What to do to save my record?I’ve never lost a case…I want to stay like Mr. Reiff (just kidding Mr. Reiff, please don’t hurt me).
So up the chain the ASA did go;
First his DC says “CYA it ain’t so!”
Then to HP for candy galore….If you have ________, better leave open the door.
Oh damm you’re the wrong body type,What about Don, he could help set things right.
Oh? DH has reprimands to deliver…Some ASAs forgot leave slips for Christmas Dinner.
KFR will surely have the answer!All I must do is mention the paper....
What’s that, she will not take my call?But why not, I donated to her campaign dole.
There are dinners to do, cocktails to drink, Wine to taste and friends to thank.
It is something the SA must do;Stay away…that camera’s for me!
But the cop refuses to come and say,Why he took the guy to jail that day.
And if he doesn’t than I must do,The KNP dance before Judge (you know who).
What’s that? I should have set it earlier?
But the AV said he would deliver.I should have called just to make sure?
What the hell is CJIS for?
Now a reprimand I must take,Due to the filing decision I did not make.
Don and Lorna, they stood side by side,To make sure the HR file hurts my pride.
And what happened our famous leaders?A pound cake, a pay raise…a personal driver.
CYA is the name in the office today;It is kind of sad for the poor ASAs.

• HP= Howard Pohl?; DH= Don Horn? KFR= Kathy Fernandez-Rundle fer sure.


• AV=???

We really have no comment.

By the way: your posts and emails about how boring Senseless Sentencing was, have been read.

Happy New Year.