IT'S THAT TIME OF YEAR

Long time and careful readers of the blog will remember our amazing football prognostications last year, when we went a documented 167-4.

Perhaps the glow of our success last year has altered our memory of the exact record, but all kidding aside we were picking games at about a 75-80% success rate, including the documented astounding pick, on record, that the lowly Dolphins would outright beat the mighty Bears.

Training camps open next week, and we thought we’d look at the divisions and give a preliminary prediction on the division winners. We reserve the right to change our picks based on injuries over the summer, and will make our final picks just before the season begins.

Remember…ahem…this is for fun only.

AFC EAST
NE Patriots
NY Jets
Miami Dolphins
Buffalo losers.

AFC SOUTH (why aren’t the Fins in the south?)
Colts
Texans
Titans
Jaguars
(Second year jinx strikes Vince Young of the Titans)

AFC WEST
San Diego
Denver
KC
Raiders

AFC NORTH
Bengals
Steelers
Ravens
Browns

NFC EAST
Giants
Eagles
Cowboys
Redskins

NFC SOUTH
Saints
Tampa Bay
Carolina
Falcons ( minus Vick…ruff ruff)

NFC NORTH
Vikings
Bears
Packers
Lions

NFC WEST
49’ers
Cardinals
Seahawks
Rams


Couple of surprises here. Starting with the NFC West, 49’ers have finally re-tooled and this is their break out year. Cardinals got the right new Head coach in Ken Whisenhunt for QB Matt Leinart and will make some noise, although their running game and OL line need to step it up. Texans will make some noise and Falcons are regretting trading Matt Schaub the best backup QB in the league last year to the Texans. Bengals have just too much talent to not win the division and the Steelers are only one year removed from their super bowl win. Ravens have just gotten too old to compete.

Our home town Fins just don’t have it. They may be a solid 8-8 but that’s all we see here. Ted Ginn, Jr., may just turn out to be the steal of the draft, but we think he will need a year or more to mature. The final analysis of Ginn as the number one pick of the Fins will always be linked to two factors: How will second round pick QB John Beck perform? And will Beck outperform the QB they passed on- Notre Dame star and Browns QB Brady Quinn. Ginn could make the pro bowl for the next ten years, but if Brady Quinn becomes a franchise QB, the Fin Fans will never let Fins head coach Cam Cameron forget it.


COLTS and CHARGERS are the class of the AFC with the Bengals and Patriots right behind. Yes, that’s right- despite all the high priced free agents the Pats have picked up, spending money is not always the way to win. Just ask Redskins fans. We think there will be some chemistry missing in New England, and there is nothing current NFL genius Bill Belichick (who is going through a messy personal situation of his own by being named as the third man in a messy divorce) will be able to do about it. The Patriots will be strong, but Tony Dungy is too good a coach, and Peyton Manning is the best player in the league. The champs will find a way to at least make it back to the big game.

NFC just doesn’t look as strong. The SAINTS look to be the class of the league (has that line ever been written before?) and we think the 49’ers will be close behind. The Bears will not repeat the great season they had last year. We are not sold at all on Grossman as a QB who can make it in this league and their defense is in turmoil.


So there it is. Our preliminary view of the NFL. Ride the 49’ers hard early before the line catches up with how good they will be. Over will be a big play in Patriot games, as they don’t have the defense but definitely have the fire power. Ditto for the Bengals. The Dolphins? Well, if you want to put your local bookmaker’s daughter through college and help out with those new boat payments, just keep picking the Fins. He will thank you at the end of the year.


See You tomorrow.

PRESIDENT CHENEY

ITEM: The President will invoke the 25th amendment today and hand off the powers of the Presidency to VP Cheney as the President under goes a colonoscopy today.

As we said in the comment section yesterday, to borrow a line from Woody Allen:

The doctor will do to Bush what he has been doing to the country for the last six years.

VP Cheney's staff has said the VP will be spending a quiet weekend at his Maryland Shores home. They have released the VP's schedule for Saturday.

10:00 am: Become acting president.

10:30 am: Orders marshall law. Suspend Habeus Corpus, sign arrest warrant for Speaker Nancy Pelosi.

11:00 am. Interview with Rush Limbaugh,

11:30 am. Orders the summary execution of all detainees at Guantanamo Bay.

12:00 pm. Light lunch with Donald Rumsfeld.

1:00 pm. Address to the Nation: "We face dangerous times which require strong leadership."

Make the following announcements: Presidential elections suspended until Bin Laden converts to Judaism; accepts "resignations" of Justices Stevens and Ginsberg; accepts Haliburton's "generous offer" to buy the Gulf of Mexico for 100 million dollars and some "really neat" beads;

2:00 pm. Orders summary and immediate execution of all inmates on death row.

3:00 pm. Orders bombing of Iran.

4:00 pm. Signs arrest warrant for Collin Powell.

5:00 pm. Cocktails with Scooter Libby.

6:00 pm. Phone call to President Bush. "All is well, nothing much to report."

THE EMPIRE STRIKES BACK

(a Sith)



You didn’t think the high lord SITH


Acting Chief Judge “Darth” Grossman was going to just sit back and take that devastating memo from Judge Elijah “Luke” Williams, did you?

Neither did we.

Here is Judge Grossman’s reply memo, replete with reasonable sounding explanations for his actions.

MEMO

Apparently the Broward Diversity Board met last evening with Darth Grossman acting as “Charles in Charge.” (We’ve got to stop mixing our popular culture metaphors. Its just that so many apply here.)

First off, Darth Grossman decided that since maybe a little more diversity training for the Judges North of the Border wouldn’t be so bad after all, especially since the cost will be minimal. We have always said it doesn’t cost a plug nickel to act ethically.

Then Darth Grossman turned his attention to Judge Williams.

He wrote a memo explaining the innocent nature of his meddling in the Diversity Board.

But then, being a High Lord Dark Sith, he could just not resist taking one more shot at the man he embarrassed:

The memo concludes with this little dig:

“I hope that you would reconsider your resignation as you did at Judge Ross’ request the last time you resigned as Chair some months ago.

Sincerely,

Darth Grossman
Acting Chief Judge until they pry that title and gavel from my cold hands.”


Rumpole says: At times we often feel a need to resort to technical legal language to adequately display out feelings in a professional manner. This is one of those times:

What a jerk!

Does that really sound like the words of a wise, honest, and compassionate jurist?

Just what did Darth Grossman think he was accomplishing with that last line? First he usurps the authority of Judge Williams. Then he unilaterally decides not to allow the Diversity Board to implement the judicial training and complaint process that Judge Williams and the Board members were working so hard to create. And finally, after being blistered in public for his actions that offended everyone, he fires back at Judge Williams and tries to humiliate him.

The Broward Blog published the link to these memos first. Good for them. That is how you have to deal with bullies. You shine the cold harsh light of truth and publicity on them, and make them try and act in their bully and demeaning ways with everyone watching.

See You In Court.

WILLIAMS v GROSSMAN

UPDATE: JURY CONVICTS DEFENDANT IN CASE BEFORE JUDGE GLICK.
This is the case that took several years to bring to trial because of allegations that the defendant engaged in tactics to delay the case by firing his lawyers. He was convicted after 2 hours of deliberation for murdering a 5 year old girl. The penalty phase is next.


We really didn't do justice yesterday to the dust up in Broward County. The memos that flew between Judge Grossman and Judge Williams are printed in their entirety on the Broward Blog.

BACKGROUND
Former Chief Judge Dale Ross (isn't it great to read that? It was fun to write it.) formed a diversity commission and asked Judge Elijah Williams to chair the commission. Judge Williams was the first african american male Judge appointed in Broward in over 20 years. Williams agreed, so long as he had complete discretion to run the commission as he saw fit. As he wrote in his memo to Judge Grossman, he told Judge Ross he was not "going to carry the white man's water" and was going to be looking at the diversity issue "from a different prospective."

As the Commission began it's duties, it utilized the services of Alexandra Rieman (General Counsel to the 17th Judicial Circuit- talk about having your hands full lately), Carol Ortman (Court Administrator of the 17th Judicial Circuit- ditto) and Florida Commission on Human Relations commissioner Shahrukh Dhanji.

So far so good.

Recently it appears Judge Williams and his staff, in conjunction with various "ethnic Broward Bar Associations" had been meeting and researching the idea of the Commission receiving and adjudicating complaints.

Enter Judge "Not on my watch" Grossman, who at the time was acting Chief Judge of the 17th Judicial Circuit as Judge Ross was in the hospital getting an experimental "Ethics transplant." (Latest word is that unfortunately it didn't take.)

Grossman - without informing Chairman Judge Williams met with and dismissed Rieman and Ortman because Judge Grossman concluded, unilaterally and by fiat that the Commission did not have the authority to hear and resolve complaints. Judge Grossman also struck down plans that the Commission had for more diversity training for Broward County Judges because- we are not making it up- the Judges were in compliance and didn't need any more training.

Judge Williams received the memo from Grossman after returning to his chambers from the recent vote on the new chief judge.

Judge Williams started his memo to Judge Grossman admitting he was "more than angry" at learining of Judge Grossman's actions. Williams made reference to the 1952 Ralph Ellison Novel "Invisible Man" which is a novel about the struggle of Black Americans in the US. "I am invisible, you understand, because people simply refuse to see me."

The memo is just brilliant and you really need to go to the Broward Blog to read it in its entirety. But here are our favourite parts:

"For you to have arbitrarily removed Ms. Rieman as the Board's legal advisor without first speaking to me, is disrespectful. [To worsen matters, you must have known that tomorrow evening the Board was scheduled to review the proposed plans of the various ethnic Bar Associations, and Ms. Rieman's presence was clearly indispensable.]


I find it incomprehensible that at a time when every other Judicial Circuit in the State of Florida is being mandated to provide additional diversity training in 2007-largely due to the inappropriate comments of Judges in our Seventeenth Judicial Circuit - you have concluded that our circuit has complied and needs no additional training this calendar year.


More astonishing is you inference that there are matters involving the Diversity Board that do not have a significant impact on this Circuit. I strongly disagree....I say this as the first black male judge to be appointed to Broward's Circuit Bench in over two decades.

Nevertheless since you obviously know more about diversity issues than I, I have no choice but to tender my resignation....


Rumpole says: This is great stuff. It uncovers and brings to light the crude and careless manner that Judges In Broward have run their courthouse and courtrooms. Bravo to Judge Williams for not being intimidated and for not letting Judge Grossman have his way with a Commission he has no business meddling in.

One wonders just what Judge Grossman was afraid of?

Why did he feel it necessary to emasculate the Diversity Board during his brief unelected tenure as a stand in chief judge? Judge Grossman had a mandate to do one thing- not screw anything up. And of course, being a Judge North of the Border, he could not successfully complete his mission.

The more you think about it, the more unseemly this whole episode is. Grossman really had no mandate or authority to do anything involving the Diversity Board. It was as if this was one last ditch effort by Ross from the hospital to cover-up and keep a lid on things North of the Border.

Grossman needs to be called to account for his actions. Just what emergency forced him to act by himself and start firing members of the Board?
Why didn't Grossman consult with the Chairman of the Board and fellow judge Elijah Williams?

These questions need to be answered. They should not be allowed to wither on the vine and die. We have caught a Judge covering something up for reasons that are not yet clear.

Time, pressure, and demanding answers to questions can start the process of changing things for good in Broward. New Chief Judge Victor Tobin has an opportunity to quickly show all of us that things will be different. Lets see if he is up to the task.

A good start would be re-instating the members of the Board that Grossman fired, along with a written apology to Williams, and a request that he resume his role as chairman of a much needed Board.

We will be watching along with our brother bloggers in Broward.

NEWS

Several sources confirm that John Thornton is now Judge John Thornton.

Congratulations!

Explosions in NYC this evening on 34th and Lexington appear to be a steam pipe explosion and "not terrorist related." What a shame that we live in a time where that has to be said.

BROWARD DIVERSITY COMMISSION NO LONGER DIVERSIFIEDJudge Elijah Williams resigns from the commission: "I will not be carrying the white man's water..."

The Herald REPORTS

Judge Elijah H. Williams -- the first black judge to be appointed to the Broward bench in 20 years -- resigned Tuesday as the chair of the court's recently created diversity board, accusing the county's chief judge of interfering with the board's mission.
The resignation comes one day after a new chief judge was elected in an effort to restore a sense of dignity to the bench, whose judges have come under scrutiny for a series of insensitive remarks.
In a hand-delivered letter to acting Chief Judge Mel Grossman, Williams angrily denounced Grossman for a meeting he had with diversity board lawyers without his knowledge.

...

Chief Judge Dale Ross created a diversity board, a four-member committee charged with raising cultural sensitivity on the bench. Ross is recovering from hip surgery, with Grossman serving in his stead during his recovery.

In a strongly-worded response, Williams said he should have been included in the meeting and that Ross had given the board ``carte blanche authority to field diversity complaints, etc.''
'. . . I made it clear to Chief Judge Ross that I would not be `carrying the white man's water,' '' Williams wrote in the letter to Grossman. ``More importantly, I told the chief judge that I would look at these issues from a different perspective and he agreed not to control, hinder or influence me in any manner.''

Rumpole says: not a very promising start for the administration of new chief Judge Tobin. Say what you want, but give Judge Williams credit for speaking his mind.

Do we have a diversity commission in Dade?

Do we need one?

Does anybody carry anyone else's water in Dade?

I thought I saw one Judge carrying a Cafe Con Leche to another Judge's chambers the other day, but does that count?

See you in Court. Plus a substantial reward to any attorney who gives Judge Williams a silver bucket to commemorate his brave remarks.

SPORTS UPDATE

Atlanta Falcons QB Michael Vick was indicted yesterday for Conspiracy and running a dog fighting operation.

Of course Mr. Vick is presumed innocent until proven otherwise. Animal cruelty charges sit right on a par with child abuse as some of the most troubling accusations a client can face. The question we have is what do you think the Falcons organization does here? Do they ignore it and let the legal process play out, or move quickly, suspend Vick with pay so he can concentrate on his legal troubles and make a decision after the case?

This much we do know: if Vick was indicted in Miami and his case was assigned to Judge Huck, the case would be over by the end of August in time for the NFL season.


DOLPHINS CUT CULPEPPER

The Miami Dolphins cut their latest savior QB, Daunte Culpepper, ending an experiment with an aging and injured QB that cost the organization over 5 million dollars.
Being a Dol-Fan these days is beginning to feel like being a Cubs fan. You could be 30 years old, born and raised in Miami, and not have been alive the last times the Dolphins won a Super Bowl. That is a disturbing thought.


BROWARD PD SPEAKS HIS MIND

The Broward Blog quotes Broward PD Help Me Howard Finkelstein on the election of a new chief judge:

Broward Public Defender Howard Finkelstein welcomed the change as a ''watershed'' that he hopes will end what he called Ross' ''secretive and autocratic'' administration.''They ruled through fiat and fear,'' Finkelstein said.
``The tools they used were vicious, rank rumor-mongering designed to destroy the reputations of individuals who differed with them.''

Rumpole says: "They ruled through fiat and fear" and that was with the people they knew and worked with every day. Imagine how they treated the poor misguided Miami attorney that said to him/herself "what they heck? Sure I'll take a case in Broward. How bad could it be?"
Hahahahahaha.

See you in Court. I'm the guy with the Cubs hat on.

CHIEF JUDGE AND PD SALARIES

Broward has elected a new Chief Judge. Victor Tobin wins 49-38.

The Broward Blog also has some good information on how Broward continues to send non-violent african americans to prison twice as much as any other county.


PD SALARIES???

A controversy has erupted on the blog comments section. I received an email purporting to list the salaries for top paid PD's. I didn't feel right about posting it. I then received several private and public emails in support of publishing the list, so I published it; then I took it down. I am willing to consider changing my mind but here are my thoughts:

There is no allegation that anyone is doing anything wrong here. Thus, I am forced to conclude the spirit behind the desire to post the salary list is malicious and intended to embarrass those on the list. The list is public record and easily obtained. Anyone can create a website and post the list for whatever purposes they have.

My thought is that a salary is sort of a personal matter. I freely admit we have mocked and ridiculed individuals on these pages, but in every instance it was a public figure doing something related to their job. To just try and embarrass someone based on how much they earn or do not earn just does not sit right with me.

Therefore, until someone can convince me otherwise, I choose not to publish the PD salary list, and I would make the same decision for the SAO salary list. If anyone has information that someone is earning a salary for something they are not doing or have not legitimately earned, we would allow those posts up and invite comment on the matter.

As my law school professor used to say every time I gave the wrong answer in class "Sometimes wrong, but never in doubt."

See You In Court.

CHANGES IN FEDERAL COURT. NEW CHIEF JUDGE IN BROWARD TOMORROW!

Laptops and cellphones in Federal Court? Posting plea deals on line?
Making the court more accessible and user friendly?

All this and more is being promised by new Chief Federal Federico Moreno in a
DBR INTERVIEW

BROWARD GOES TO THE POLLS TOMORROW

And speaking of new chief Judges, we get a new one tomorrow in Broward, as those wacky fun-loving, gift receiving group of jurists meets to elect a new Pope…err…Chief. Look for the white smoke coming from 201 SE 6th street in a time honored ceremony announcing the new Judge. The new Judge will then be escorted out of the courtroom, where grateful lawyer vying for favors and court appointments will throw gift cards loaded with money redeemable at the local malls.


THE FEDS ARE NOT SUPERSTITIOUS

The Federal Blog reported that the Government rested it’s case against Padilla and his co-defendants on Friday the Thirteenth. Assistant United States Attorney Russ Killinger made the announcement before the jury while standing under a ladder, holding an opened umbrella in one hand and a black cat in the other. We shall see how the government’s tempting of fate flies in this matter. Mr. Markus had some interesting points on his blog about how lawyers speak in the third person future in court. (“The government will rest our case” etc.) We are from the plain speaking school – The Defense Rests. Period.


CASE DISMISSED.

And speaking of the Feds, we came across this nice ruling from Federal District Court Judge Lewis A Kaplan of the Southern District of New York. Judge Kaplan dismissed charges against 13 defendants in a wide ranging prosecution of KPMG former employees for use of illegal tax shelters. The Government had pressured KPMG to reverse its long standing policy of paying for the legal fees of its employees. With the government choking off the legal fees, and thus their choice of counsel, the Judge dismissed the case.

Such pressure, Judge Kaplan wrote, “foreclosed these defendants from presenting the defenses they wished to present and, in some cases, even deprived them of counsel of their choice. This is intolerable in a society that holds itself out to the world as a paragon of justice. The responsibility for the dismissal of this indictment as to thirteen defendants lies with the government.”

What we like about the ruling is the line about a society that holds itself out to the world as a paragon of justice. It echo’s the recent dissent of Justice David Souter in Bowles v. Russell, decided this term: “it is intolerable for the judicial system to treat people this way.” He added, “There is not even a technical justification for condoning this bait and switch.”

Lets get off the bandwagon of this Country having the greatest system of Justice in the world. We have a Justice System that has blatantly stated that there is no problem with innocent people remaining in prison if they do not meet the myriad of requirement necessary for a hearing when there is newly discovered evidence. We have a justice system that tolerates convictions in death penalty cases where the attorney for the defendant was sleeping, so long as he was not sleeping during the important parts. And for that matter, we have a justice system that still has the death penalty, which puts us in the company of China, Iran, Iraq, and North Korea.

The bottom line is our justice system was founded on great ideals and currently operates in a manner that is oppressive, confusing, and draconian. Thanks goodness we have a President courageous enough to stand up to these draconian prison sentences, as he recently did for Scooter Libby. But enough with this “best in the world” crap. Our system is far from the best in the world, and there are tens of thousands of victims of injustice at the hands of our system to prove it. The problem is not that mistakes are made, the problem is that judges and legislators are just not that bothered over rules that lend themselves to results like those in Bowles, or where innocent people remain incarcerated and nothing can be done about it.

See you in court, not tooting our system of justice’s horn.

I WANT A REAL LAWYER

What Public Defender hasn’t heard that complaint from a putative client?

The NY Times has reported on a STUDY in which Federal Public Defenders are measured against private lawyers appointed pursuant to the Criminal Justice Act. The study sampled cases in Federal districts in which PDs and CJA lawyers were randomly appointed meaning, the study said “ that the two sorts of lawyers had the same underlying distribution of guilt in the cases they represent and thus are equally likely to lose at trial.”

The results, not surprising to us, was that the PDs consistently achieved better and quicker results for their clients.

From the article:
Over all, defendants represented by court-appointed lawyers received sentences averaging about eight months longer. People convicted of violent crimes were given five more months, while those convicted on weapons charges received nearly a year and half more. But those convicted of
immigration offenses received sentences that averaged 2.5 months less if represented by appointed lawyers.
Appointed lawyers took longer to resolve cases through plea bargains — 20 days on average, a 10 percent difference.
“These results appear consistent with the hourly wage structure,” Ms. Iyengar wrote, as that structure creates incentives for appointed lawyers to take longer to resolve cases.

Rumpole says, this is a matter of economics, specialization, and experience. Federal PDs are hired with more experience than their state counterparts. Federal PDs are paid very well, and unlike the private CJA lawyers many of which cannot confine their practice to just handling federal cases 100% of the time, the PDs quickly gain more experience in the cases they are assigned to handle then the CJA lawyers.

Bottom line- there is nothing surprising about this study. Give an experienced lawyer a good salary and have them specialize in one area of the law like criminal defense, and there is no doubt that they will achieve better results than the jack of all trades. Think about it, if you needed a difficult surgery, would you go to a GP who dabbles in surgery, or a surgeon who specializes in the procedure you need? Even if that surgeon was working for say JMH, which is a public hospital, you would be better off with the surgeon every time.

NO BOYCOTT HERE.



Our favourite Federal Blogger has ruffled some feathers by suing the US Government to allow internet broadcasts of “cock fights” from Puerto Rico where it is legal. Mr. Markus, “ace defense attorney- cum- pugilistic Poultry provocateur” has incurred the wrath of the US Humane Society with his lawsuit. While we find ourselves in the unfortunate position of siding with Attorney General Alberto Gonzales on this one, we hope Mr. Markus avoids becoming tarred and feathered in this cock and bull battle. If you see a lawyer scurrying from Federal Court being harassed by a large chicken protesting the lawsuit, lets us know, as we can then post a well deserved "I told you so."



PLEASE COME TO MIAMI FOR THE FALL

Various news media outlets reported yesterday that Governor Crist has appointed the Dade State Attorneys office in investigations into Broward Judge Zack and former Judge Seidlin. Based on our post yesterday about possible improprieties with Judge Charlie Kaplan, can we expect the Dade SAO to form the “Broward Judicial Investigations Unit” which might just be known by its initials “The BJ Unit”? Hmmm…..

Can you just hear the Broward Judges complaining how Miami Judges don’t call their cases out of turn, set their cases for 8AM status conferences, and deny continuances the first time up?

From what we know that has been reported, we see a qualitative difference between the alleged acts of Judge Zack and Seidlin. Zack quite simply should have known better and will have to suffer the consequences (which we think should NOT be removal of office) for taking a loan from an attorney who appeared before him.
Seidlin on the other hand, whenever he wasn’t crying on the bench, or playing tennis, apparently had his sticky fingers in many pots- from receiving real estate favours from elderly neighbors, to sending lawyers on shopping trips for his wife. Selling his robes merits strong punishment, if in fact that is what happened here.

See You In Court tomorrow.

HERE WE GO AGAIN

You have to admit, those wacky Judges North of the Border just don’t know when to stop. One day after receiving a coveted Rumpolian seal of approval for demonstrating what we saw as care and concern for a juvenile defendant who was wearing all black in his court, comes news that Broward Judge Charlie Kaplan may have exchanged a light sentence in a juvenile case for a boat ride in a parade. Once again, we do not have the imagination to make this stuff up.

The Sun Sentinel obtained a memo written by Broward assistant public defender Tanya Simpson in the case.

From the Sun Sentinel Article

During a June 12 courtroom recess and before imposing a sentence upon a teenage boy, Broward Circuit Judge Charles Kaplan gave his business card to the teen's father after he told the judge he could get free tickets to social soirees, according to Assistant Public Defender Tanya Simpson's memo…

Simpson wrote that Kaplan "seemed impressed" when the teen's father said he had been the piano player at the June 10 send-off of the Emmy-winning mob drama The Sopranos at the Seminole Hard Rock Hotel & Casino.Kaplan seemed further impressed, she wrote, when the father said he could get the judge free tickets for other events, such as a yacht ride during the annual Winterfest Boat Parade along the Intracoastal.

The article also alleges that Kaplan gave the father of the Defendant his business card.

Rumpole says, one day we are supporting the Judge Kaplan, despite our discomfort in finding anything to approve of about a North of the Border Judge, and the next day Kaplan is demonstrating the kind of judgment we normally expect from North of the Border:

Let’s see, free tickets and a ride on a yacht in a Christmas parade…woopee!!!! versus a virtually secure (no one gets opposition in Broward) 150K a year job, plus benefits, plus you only have to work four hours a day before hitting the tennis courts (See, In re Seidlin). “Yes Virginia, there is a Santa Claus. ‘I’ll take the yacht ride AND keep my job because I work North of the Border.’ “

OK, I see it is time for us to intervene. We cannot just sit on the sidelines and watch the entire Broward Judiciary implode on an orgy of greedy stupidity.

If you are a Broward Judge, please commit these simple lines to memory. Then every morning, while you are in the shower, just repeat them for a few moments:

“I will neither take nor solicit gifts.
I will avoid the appearance of impropriety.
The appearance of impropriety does NOT mean giving the other side an equal opportunity to match the “gift” one party has given me.
I will pay for all my meals myself.
I will endeavor each and every day to work more than four hours a day.
I will be nice to lawyers from Miami.”

OK. We couldn’t resist. Ignore the last mantra. This is hard enough without asking you to do the near impossible. However, it is really that simple. Just follow these simple rules and Rumpole guarantees you can spend your career in that miserable little courthouse demeaning attorneys, being rude to the public, scaring defendants, and laughing about it when you get home. In other words, you can be a normal Broward Judge and not risk having your career destroyed by the news media.

Just remember, the next time you are denying a Miami’s lawyers motion for continuance for the week they are getting married ( we actually saw Broward Judge do that once) the lawyer you are being mean to just might be the well intentioned lawyer who gave you this career saving advice.

See You In Court, where Judges rarely if ever, give US their business card. (Who even knew they had business cards? For what purpose does a Judge need a business card? If you think about it, it can only get them in trouble. It’s not like they can say “here…if you ever need anything give me a call. The next thing you know, they'll be carrying badges: "FREEZE! 17th Judicial Circuit. Get out of the car and give me the bag of marijuana.")

SIMS GETS NEW TRIAL

The Florida Supreme Court reversed the denial of a Rule 3.850 motion and ordered a new trial for Merrit Sims, who was prosecuted for killing Miami Springs Officer Charles Stafford in June of 1991 during a traffic stop.

The opinion is here: OPINION

At issue was the admissibility of a K9 alert to drugs in a car in which no drugs were found. The Prosecution was represented by Former Prosecutor Gary Rosenberg, who also ran for State Attorney in the last election. The theory of prosecution was that Sims, who was on parole, had killed Stafford because there were drugs in the car and Sims did not want his parole violated.

Sims was represented at trial by two veteran defense attorneys, Clinton Pitts, and Arthur Carter.

The holding of the case is that Pitts was ineffective for failing to object at trial to the introduction of the testimony of the K9 officer. Judge Carney had previously ruled that the testimony was admissible, and Pitts testified at the evidentiary hearing that he was surprised he had not objected at the time the testimony was introduced.

Rumpole says: First off, trials are difficult businesses, and the defense of a person alleged to have killed a police officer is as difficult as it gets. No negative aspersions should be cast against Mr. Pitts. Sometimes, in the heat of battle, lawyers neglect to do what they need to do. By that we mean that often times several things are occurring at once: the lawyer is listening to the testimony, listening to his client, reviewing his notes, and otherwise trying to think two steps ahead of the other side. While the issue is technically framed as "ineffective assistance of counsel" the record otherwise indicates that Mr. Pitts and Carter did a very good job in defending their client.

The real issue we think is this ridiculous concept of preserving the objection at trial after a pre-trial motion was denied. The record is clear that Mr. Pitts argued against the introduction of this evidence prior to trial. The mere fact that Pitts either didn't object ( or that the court reporter did not report it, which is in our opinion just as likely) should not have stopped this issue from being litigated during the direct appeal. If that was done, then this matter would not have to be reopened 16 years after Officer Stafford was murdered.

See You In Court, objecting, objecting, objecting.

OUCH

UPDATED BELOW!

We have some thoughts on Broward Judge Charlie Kaplan and his comment to a juvenile defendant who was wearing all black in his courtroom,

From the Broward Blog:

A fourteen year old is caught at school with a razor blade in his pocket. At an adjudicatory hearing, Kaplan asked the juvenile if he was "wearing all black that day too?. . . Is that the color you like going with? Black all the time?" A case manager told Kaplan that the child was not a danger, and the child's mother explained that her son had never been in a fight or hurt himself. The judge then associated this minimal crime with the horrific events at Columbine where two students killed twelve people: "I mean, I'm no expert. I just know what I read in the papers, but it's like Columbine, right? He's dressed in black. . .He's depressed." When defense counsel argued that the events of Columbine should not be taken into account, Kaplan responded, "[w]ell, I don't agree with you." Kaplan denied J.R.'s Motion to Disqualify, but today the 4th DCA granted a writ of prohibition finding that J.R. has a reasonable fear that he would be more harshly sentenced due to his choice of wardrobe colors, apart from the facts of the case.
J.R. v. State, case number 4D07-1361 (Fla. 4th DCA July 11, 2007).

Rumpole says: Just hold on one second. A young man has a weapon in his pocket in school. He appears in court wearing all black, perhaps in an attempt to dress in the "Goth" fashion. The Judge is concerned that the young man may be depressed. The Judge knows that in another case responsible people overlooked the warning signs of young men who had weapons, were depressed, dressed in a "Goth" style, and ended up shooting up a school.

As much as it pains us to rise to the defense of a Judge North of the Border (lord knows they would never do the same for us) we do not think Judge Kaplan did anything wrong. This is Juvenile court. Among other things, a Judge becomes a quasi-social worker-psychologist-Judge, in trying to fashion remedies to assist children and their families. To require Judge Kaplan to remain blind to what he is seeing is just wrong. Don't we want our Judges to remain vigilant to problems that they might be seeing in the children that come before them? There is nothing to suggest that the Judge treated the child more harshly because of what he was wearing. It appears to us that Judge Kaplan was saying "hey, there might be more here than meets the eye. Lets do something before another tragedy occurs."


If a young person appeared in court in Miami wearing a swastika on a tee-shirt, and raised their hand in a Nazi salute when appearing before the Judge, wouldn't the Judge have a responsibility to see that the child got some help?

We think the 4th DCA was not correct in deciding this case strictly along the lines of just considering Judge Kaplan's comments about the attire of the young man. It has never been more apropos to say "there may be more here than meets the eye" meaning that the manner of dress of a teenager MIGHT indicate something else was going on. And then again, the manner of dress may not have meant anything. The point we are making is that we do not think Judge Kaplan was doing anything wrong in making an inquiry to make sure there was not a problem. This is what we want our Judges in juvenile court to be doing, and we applaud Judge Kaplan for taking the time to be concerned.

There. It didn't come easy, but then we have defended worse clients than this before. A Rumpolian defense of a Judge North of the Border. And there is not even a blue moon outside.

See you in court.

UPDATE:
After this post went up, we received this comment, which is just so good that it needs to be included in the post:

Broward Judges are all dressed in black robes including Judge Kaplan. Does this mean they are depressed? Well maybe after all that has been going on with them they should be.

Rumpole says: well done.

JUDGE SCOLA HONORED

We received this press release yesterday:

The Honorable Circuit Judge Robert Scola has been named the 2007 recipient of the William M. Hoeveler Judicial Award, presented each year by the Florida Bar to a judge who best exemplifies strength of character, commitment to service, and competence as a jurist, lawyer, and public servant.



Judge Scola received his award on June 28th during the Judicial Luncheon of the Florida Bar’s annual meeting, held this year in Orlando, Florida.
This prestigious award is presented each year by the Henry Latimer Center for Professionalism. Past award winners include:

2001 William M. Hoeveler, Sr. Judge, U.S. Federal Court, Southern District
2002 Major B. Harding, Justice, Florida Supreme Court
2003 William Terrell Hodges, Sr. Judge, U.S. Federal Court, Middle District
2004 Barbara J. Pariente, Justice, Florida Supreme Court
2005 Durand Adams, Judge, 12th Judicial Circuit
2006 Ralph Artigliere, Judge, 10th Judicial Circuit

Rumpole says: Well done Judge Scola!

Judge Glick Controversy:

We received an email reminding us that Judge Glick's comments on the length of time it took to bring the Braddy murder case to trial was nothing more than a recitation of facts in an article Oh Susannah Nesmith wrote for the Herald the other day. We stand by our comments that by merely explaining why the case took so long to bring to trial was not improper.

See You In Court

MOTION FOR A CONTINUANCE

“DELAYS HAVE DANGEROUS ENDS”
King Henry VI, Part I, Act 3 Scene II.

After some procrastination, a debate has broken out on the blog about delays in criminal cases. We started the contretemps with a blub about a case before Judge Glick that took several years to get started. After that we responded to some comments on the blog, and our position was that we would delay a case if it benefited our client. To that end, we recognize that delays usually adversely affect the prosecution and benefit the defense. As we often tell our clients, after the arrest, the case is not going to get better for the prosecution, while there are a whole host of things that could happen that could make it better for the defense. We commented that delaying a case was not unethical. Then this comment arrived:

To Rump at 5:49 and Anonymous at 8:51, have either of you read Rule 4-3.2 of the Rules Regulating the Florida Bar recently? It specifically states that lawyers should expedite litigation. There is no exception concerning criminal defendants. While the end result may be beneficial to your client because witnesses disappear and your client gets a better plea, I definitely would not characterize such an action as "ethical." You are lucky that there are so many defense attorneys involved with the Florida Bar and grievance committees because, unfortunately, I doubt that your conduct will ever be disciplined, especially since almost every defense attorney engages in the same conduct. But just because everyone does it does not mean it is ethical.

Rumpole responds: There are two issues at work here, but for now we will address the issue of delaying a case for the sake of a client. The rule cited above states exactly as follows:

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

First, usually in a civil matter, the interests of the client side with a quick resolution. Thus the rule appears, but does not state, that it is aimed at civil cases. However, one can imagine a situation with a client incarcerated who needs a quick resolution. So the real issue is, what does a lawyer do when the interests of his client lie with a delay in the matter? The comment attached to the rule states in part: “Nor will failure to expedite be reasonable if done for the purpose of frustrating an opposing party’s attempt to obtain rightful redress or repose.”

Thus, on first blush, it appears, that a defense attorney delaying a case for the benefit of his/her client is in violation of this rule.

Rule 4-1.3 (Diligence) contains this statement in the comments: “A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf.”
(reading all these rules is starting to make us a bit nauseous. We have a policy against research in general in most matters.)

Let’s take it to the extreme: A lawyer is hired to represent a client accused of aggravated assault with a firearm where the gun was discharged. The client is facing a 20 year minimum mandatory under the 10-20-life statute. The state lists 5 witnesses: one complaining witness; one eyewitness; 3 cops. The lawyer quickly takes the two witnesses depositions and realizes the cops who did not see the event are probably not that important. The three cops, as is their practice, fail to appear for their first two scheduled depositions. Along the way, the lawyer learns that the two witnesses have met, fallen in love, and will be moving to Australia to start their new life in a month.

The case appears for sounding- can the lawyer, knowing that a continuance will benefit his client, truthfully tell the court he needs a continuance because the three officers failed to appear for deposition?

Has the lawyer acted with zeal and advocacy towards his client, or is the lawyer in violation of Rule 4-3.2?

We must admit we would ask for the continuance. We do not feel we are doing anything unethical, and we are acting in our client’s best interest. However, legal minds may differ, and we expect to hear from our readers about this.

The other side of this coin, as we mentioned above, are the time constraints associated with the current practice of criminal law. Most practitioners do not get clients that can pay fess such that they can concentrate on just a few cases. Many criminal practitioners will handle a gamut of cases running from murder to DUI, and various second and third degree felonies and misdemeanors in between. The small stuff, which can become time consuming, pays the bills while the lawyer scrambles to make time to work on the big cases. The change in the court appointment payment system only makes the pressures worse, not better.

The fact of the matter is that this is the real reason serious cases take so long to prepare. The lawyer is balancing the work on the case against the constant demands of the smaller cases that pay bills, and demand attention as well. Much like the problems doctors are facing, we would all like to spend more quality time with our clients working on their case. But the demands of running an office and paying bills work against all but the most fortunate among us.

We continue to persist in both comments we previously made: The State court system can do more to guard against the unreasonable delays of cases taking years to prepare for trial; and any lawyer who delays a case for their client’s benefit is not acting unethically.

We invite comments in the matter.

See you in court, not asking for continuances, as we like trying cases.

VERY VERY

Very Quietly

Judge Tunis wrapped up a two defendant-two jury first degree murder case last week. Two defendants, at least four lawyers, two twelve member juries. By any account, these cases are difficult and require a firm guiding hand. Judge Tunis has previously been the recipient of criticism on these pages. Therefore, we feel it is only appropriate to give a Rumpolian “well done” for her job in managing the trial.

Very Loudly:

Broward defense attorney Chris Roberts has been very loud recently, with his double barrel allegations about Judicial corruption North of the Border. First Roberts was giving the scoop to Channel 7’s Carmel Cafiero about an unpaid loan of $2,500.00 to Judge Zack. When the dust had barely settled from that mess, there was Roberts talking about Judge Seidlin putting the arm on him for a thousand dollar purse for his missus. From A(nna) Nicole Smith’s Judge to Z(ack) Roberts accusations made an already trying time for the Broward Judiciary seem like Watergate Broward style.

Now comes the Sun Sentinel Article that reveals that, surprise surprise, Mr. Roberts goes to Tallahassee. It seems that after 23 years as a defense attorney in Broward (talk about doing hard time) Mr. Roberts has decided that his presence at 201 SE 6th Street is no longer desired.

It has been hard to sit by and not speculate about what hidden agenda Mr. Roberts has by all of the sudden coming forward to announced that he is “shocked! Shocked!” to learn that there is corruption in the Broward County Court house. Roberts could have asked Zack for the loan back. Roberts could have immediately said no to Seidlin and reminded him of the several rules of ethics that would prohibit him from giving expensive gifts to a sitting Judge who was appointing him to cases. It is not that we do not wish to see Seidlin and Zack investigated, and punished if necessary, it is just that Mr. Roberts bears some responsibility for the corruption he has been benefiting from for these last 23 years.

Very …..(longly?)

Word also reaches us that after zillions of lawyers and Judges, Judge Lenny Glick is wrapping up voire dire for a man charged with first degree murder who has sat more than seven years waiting for trial.

Nobody is served when a case takes this long to bring to trial. We remember a time when the Florida Supreme Court monitored the age of cases on a Circuit Judge’s calendar. If that is still not going on, perhaps it is time for our chief administrative Judges (when their not busy ignoring our emails and canning Judge Klein) to institute some system of monitoring the age of cases and requiring the parties to report on just what is taking so long. A first degree murder trial takes time to prepare. A year is not unreasonable and neither is two years if the attorney has another big case brewing. But seven years creates an impression of a justice system out of control and it panders to the worst stereotypes the media has about the efficiency of our system.

It's a long hot summer, and but for the fireworks up North, it would be a boring one too.

See You In Court.

MORE FROM THE LAND O'PLENTY

More news from North of the Border, where anything, and everything is possible.

A man was arrested for bringing a loaded firearm into the Broward Courthouse.

And being Broward these days, it just so happens the person was Attorney Steven Finta who was arriving for his third day of jury selection for a client he was representing for first degree murder. Talk about a vicious cross examination!

Need a continuance? GET ARRESTED Only in Broward.

SLACK COURT CALENDAR FOR ZACK

Judge Zack will have plenty of time available this summer.

Judge Zack has been removed from considering any cases involving the Broward State Attorneys office. The State Attorneys office recently asked the Governor to appoint a prosecutor to investigate whether Judge Zack committed a crime by taking a loan from an attorney who appeared before him.

STOP! IN THE NAME OF THE LAW:

And last but not least, don't make an illegal left turn in Hollywood. That's what Broward Sheriff Ken Jenne learned when he was stopped, and ticketed - while in a marked BSO unit, for making an illegal left turn.

There you have it, from the Circuit that strives to entertain us all.

The rest of links are on the Broward Blog, where we learned of these stories.

See You In Court.

W MAKES A COURAGEOUS AND LONELY STAND

BUSH AND SENTENCING.

President Bush opened up a can of worms when he commuted the sentence of former VP aide Scooter Libby. Bush’s reasons supporting the commutation sounded very familiar to most of us who practice criminal law in the State and Federal Courts: Libby was a first time offender; he was convicted of a non-violent offense; Libby had made substantial contributions to society during his lifetime; the effects of Libby’s incarceration would be harsh on his wife and children; Libby was most likely destined to suffer consequences of his conviction that would be more far reaching and punitive, including the loss of his license to practice law and his ability to earn a living.

The problem with the President’s reasoning is that these are reasons that are usually rejected by the courts. Let’s stick with Federal courts for a moment and address the reasons point by point:

No Prior record: The response is that the guidelines already adequately take into account lack of prior record by not scoring any additional points.

Non-violent offense: the guidelines are the guidelines and also take whether there was injury or threat of use of force into account.

The effect on Libby’s family: Judges are specifically prohibited from considering this factor unless there are extraordinary circumstances which don’t exist here. Paris Hilton's parents were said to be depressed to the point where they could barely eat anything at their country club's Saturday evening social during the time their daughter was in jail.

The effect on Libby’s future earnings and his background and contributions to society: these matters are reported to the Judge in the pre-sentence report but are not legally authorized reasons to depart downward from the guidelines.


So what are we to make of our President’s new found sympathy for felons?
Can we expect a Bush/Libby sentencing doctrine, to be invoked on behalf of every first time offender with a family that relies on him who has otherwise led a law abiding life?

If nothing else, Bush’s commutation of Libby’s prison sentence may well have opened a national discussion on the harshness of the Federal Sentencing Guidelines. If a tough law and order don’t mess with Texas President finds 30 months for a first time offender too harsh, then isn’t it about time Congress got off their duffs and stopped thwarting the President’s well known compassion for felons and amended the sentencing guidelines to more reflect the Republican/Conservative beliefs in giving first offenders a second chance?

We join in with the President and his Republican allies and demand that the Democratic controlled Congress address this inequity and national disgrace. How many more commutations will our President be forced to issue to protect first offenders from serving a federal guideline mandated prison term before the Democrats do something about this? Isn’t it time the rest of the politicians joined our President and stopped playing politics with people’s lives?

Doesn’t any other politician have the courage of our President to stand up to the law and order lobbyists and the public’s fear of crime fueled demands for prison for anyone and everyone convicted of any crime?

We admire the President for his courageous and lonely stance on this important issue. We have in the past written about our differences with the President and his policies.

But when he is right, he is right. Well done Mr. President; well done indeed.

Prison is no place for first time offenders convicted of non violent offenses.

See You In Court, arguing just that, and citing our President as authority in the matter.

WORDS TO LIVE BY

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.

And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

John Hancock

THINGS ARE MOVING

Things are moving fast in Broward. Check out the Broward Blog. The link is on the left.

The vote for Chief Judge ended in a run-off:

Memo From Chris Stotz/17th Circuit Public Information Officer:

"In an orderly and credible special election for chief judge of the 17th Judicial Circuit of Florida, monitored by all three chief judge candidates as well as Judge Peter Weinstein, a majority was not reached.
A run-off election will take place between Judge Thomas M. Lynch, IV and Judge Victor Tobin on July 17, 2007 at 8:30 am, with the same election procedures as today.

ELECTION RESULTS - July 3, 2007
JUDGE # of VOTES
Judge Backman 22
Judge Lynch 33
Judge Tobin 30
Judge S. Kaplan 1 (write in)

Got to love a court system that is so under fire and scrutiny that their information officer brags that the collection of Judges acted orderly and the election was credible.

The Broward blog is full of great links today, including (we are not making this up) comments by soon to be former Chief Judge Dale Ross that he "regrets resigning" as chief Judge.
Guess those long days looming in Probate don't look so promising.

Judge "NHI" Greene has been cleared by the JQC. Apparently a Judge is not required to believe all litigants are "Human" in order to remain a Judge.
To his credit, Judge Greene did tell the JQC he was embarrassed being associated with a term that some thought might have racist overtones.

Rumpole says: He should be embarrassed. If Judge Greene was indeed innocent, he might be more sensitive in the future to people coming to court saying they have been accused of something they didn't do.

SATZ SEEKS INVESTIGATION OF JUDGE ZACK
The Broward Blog also has links to the Sun Sentinel articles on Broward's Judicial Hall of Shame, the election for chief Judge, and the news, which broke last night, that The Broward State Attorneys Office has formally requested that the Governor appoint an independent prosecutor to investigate whether Judge Zack broke any laws in accepting a loan from an attorney who practiced in his court.

Yes, weeks after Channel 7 broke the story on Zack accepting money, the Broward State Attorneys office swung into action and requested an investigation. In other news Broward State Attorney Mike Satz issued a news release applauding the election of Jimmy Carter over Gerald Ford.

Finally, there is also a nice comment by attorney Norm Kent on the Broward Blog about doing the right thing. Word is no Judge in Broward has read the article.

And not to leave my favourite federal blogger out of the props, he continues his great coverage of the Padilla trial by informing us today that when the jury arrived for court

row one was dressed in red

row two was dressed in white

row three was dressed in blue.

HAPPY FOURTH OF JULY.

VOTE EARLY

It's election day for a new chief judge North of the Border.

We shall endeavor to sift fact from fiction, truth from rumor, all the while remembering that this is Broward, so anything can and probably will happen.

Rumour: The Florida Supreme Court has appointed Jimmy Carter as election monitor.
Rumpole says: NOT TRUE. A spokesman for the former President said that because there was not any affordable parking near the courthouse, the former President would regrettably be unable to attend.


Rumour: Each judge will enter a Survivor type voting area where they will hold up their choice and explain their vote for the TV camera.

Rumpole says: POSSIBLE. Judge Ross has declared the courtroom where the votes will take place off limits to the public. "Openness has no place in our democracy" Ross was quoted as saying. Since the voting is secret there is no way to know just exactly what those 88 robe wearin, party type people will be doing.

Whatever the result, we will endeavor to report it as quickly and as fairly as possible ( as soon as we regain our composure and stop laughing.)

JUDGE FEDERICO MORENO IS NEW CHIEF JUDGE OF THE SOUTHERN DISTRICT OF FLORIDA.

As surprising as it seems, the Feds were able to appoint a new chief judge for a term specific seven years without any controversy. Judge Moreno, who got his judicial start in our own County Courts of the REGJB, is the new chief of the Federal Judges for the Southern District of Florida. Before that Judge Moreno was in private practice, and before that he was a member of the Federal Public Defenders Office.

Longtime and careful readers of the blog may remember that while in County Court, Judge Moreno was forced to issue a bench warrant for one of the Miami Dolphins who did not appear in court. The warrant was issued with this admonition: "Do not arrest on Sunday." (We vaguely remember the Dolphin in question was one of the wide receivers- Clayton or Duper, if we recall. Any one else remember who it was?)

With this kind of wit and wisdom, we think Judge Moreno will do a fine job and the Southern District of Florida is in good and capable hands. We wish him well.

BUSH COMMUTES LIBBY'S SENTENCE

BREAKING NEWS
BUSH COMMUTES LIBBY'S SENTENCE!







(Picture of President trying to commute Libby's sentence. But careful readers will note that the phone was upside down. This apparently is what caused the delay in the matter.)

"Ah said I would let the legal process work, and it hasn't. No rich white man goes to prison...not while I'm President anyways."

Earlier in the day the Court of Appeals had denied Libby's appeal of the trial Judge's denial of the motion to remain out on bond pending appeal.

Looking at this from the lawyer's point of view, do the appellate lawyers now have to refund Libby's fee? That would be a real tragedy.

A Lawyer in the Arena

UPDATED. JUDGE ROSS SPEAKS TO THE PRESS. And yes, as you can see below, he did it again.

A cry for help arrived late Saturday night.
Ever the altruist, we are glad to help.

A young lawyer, full of angst, writes:

Random Off Topic Saturday Night Thoughts –
I am a young single Miami attorney.
I have been reading all of the news articles and thinking about the recent actions of Broward judges. I thought being a member of the Bar was going to be a lot different than it has turned out to be. Sometimes I look around and say to myself, "These people are attorneys." Maybe it is just that I am stressed out about bills, student loans, doing the right thing, etc. Even the thought of a handsome date does not appeal to me anymore. What is wrong with me?


My dear young reader- do not despair. Put down that pint of Hagen Dazs as we shall endeavor to help.

We remember the day we walked into the REGJB for the very first time. Full of hope and trembling with excitement. This was the big leagues. We had arrived.

It didn’t take long for us to be shocked into the same type of despair you are now feeling as we became acquainted with the Judges who ruled the roost at that time. There were at least two poor (pour?) souls who were alcoholics and were useless past 1:00 pm. Another Judge, extremely bright and well respected for efficiency and fairness was at least a functioning alcoholic. One morning in his chambers we were asked (before 9:00 AM) to join him in a shot. It wasn’t the first time we had a shot before 9:00 am., but it was the first time we indulged without having been up and out all night.

There were Judges who were proud of their ability to be on the golf course before noon; Judges who regularly berate us for actually insisting the case proceed to trial- didn’t we know they had more important things to do? Justice; fairness; the hard work we had put in preparing the case, all mattered little to those mediocre, self indulgent Judges.

And then, we’d appear before a Judge like Herb Klein; a young Fred Moreno in County Court; Ralph Person (who despite his problems was one of the finest Judges we have ever seen); a young Jeffrey Rosinek; Arthur Rothenberg; Henry Oppenborn (a former paratrooper who said the pledge of allegiance every day before the start of court and invited everyone else to join in). There were others. But the point was that these Judges were bright, hard working, honest, even handed (although not always even tempered), and intensely interested in “doing the right thing.”

The hardest part of our job then, and still a continuing concern now, is to not let the fakers get you down. The Judges (and lawyers) who are just out for themselves will eventually get their just desserts. Keep your eye on the prize. Hard work. Integrity. Do the right thing for your client every time (be it an individual or the people of the State of Florida.)

Have perspective: As Judge Moreno used to remind us “you will lose bigger cases than this one.”

Never forget why you worked so hard in law school. And over time, the successes will begin to mount. If you are a defense attorney or PD, you will remember standing up to Judge who wanted you to plea out the case so he could take the afternoon off. You will remember the hard time he gave you in trial, and you will remember the satisfaction of that not guilty verdict and how you held your head up high as you walked out of that courtroom because despite the pressure, you did what you knew was right.

Those types of “moral victories” are out there. They will sustain you in the tough times. But they are not easy to obtain. You must remember that every case, no matter how mundane, is the most important case to your client. Visit the crime scene. Take photos. Double check the complaining witness's driver’s license to see if they needed glasses to get their DL. Don’t be rude- but in the words of Ronald Reagan “trust- but verify.”

A great local lawyer recently won a case not with his brilliant courtroom tactics, but by listening to the very end of every one of the dozens of tapes the Feds had provided. And you know what he found that even the prosecutors didn’t know about? The lead agent’s anti-semitic remarks about his client that even the agent didn’t realize were being recorded.

The bills will be paid. Somehow. Some will be late. Don’t worry, the financial system of the world is not hinging on your next student loan payment. As Janet Reno likes to say “do your level best.”

Times will get better. “Tough times don’t last. Tough people do.”

As to your personal life, well, take it from someone who can now look back on many lonely nights. “Life has more imagination than we do.“ There are people out there for you.

Sometimes it takes time.The Buddhists say “when the student is ready the teacher will appear.”

Guard your personal integrity like your professional integrity, and I promise you, the payoff is worth the price. This profession can be tough on relationships.

But despite all the admonitions we just gave you about hard work, remember that on their death bed, no one regrets not having spent more time at work. We live in a virtual paradise (excluding Hialeah). Learn to SCUBA dive or sail, or fish. The Everglades has some amazing bike paths when they are not blocked with oversized mutant mosquitoes. It is often said that the Miami Ski club is one of the largest in the country. Even if you are a prosecutor, I think you would be welcomed on an FACDL Ski trip. And if you are so inclined, there are hundreds of gyms here turning out those hard bodies that sashay at the Clevelander on South Beach on the weekends.


Friends are everything. I can tell you this- the longest lasting friendships I have ever formed started during my first years as a lawyer in Miami.

So, dear reader, one or two or even a dozen or so Saturday nights alone does not mean the end. A few pompous Judges berating you should not mean you should chuck your law degree and sell insurance. These are the obstacles that life throws at us. In the end, you will be measured by how you handled these obstacles. What choices did you make? All of us know lawyers who made choices that turned out to be disastrous. Some are still in prison for the choices they made. And yet, there are hundreds of lawyers in this town their 30’s, 40’s and beyond, who are happy, successful, and profoundly glad that when they were facing the same choices you are now confronted with, that they did the right thing, took their lumps when they had to, and moved on.

“Don’t let the bastards get you down.”

We have faith in you.And you never know, one in day in court, after you do a great job against all odds, some older lawyer, hunched over and otherwise appearing nondescript, may just sidle up to you and say “see, I told you you could do it.” And give you a wink and amble away.

See you in court.

It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.

Teddy Roosevelt
Speech at the SorbonneParis,
FranceApril 23, 1910

UPDATE: JUDGE ROSS SPEAKS

He just could not help himself, and his farewell present to bloggers is a must read at the Sun Sentinel link above.

From the article:

Ross, 60, began his first two-year term as chief on Feb. 2, 1991. He was re-elected an unprecedented eight times to what he has termed a "thankless" job overseeing courthouse operations. "If I bought every one of my judges a Cadillac, they'd be mad at me because I didn't buy them a Mercedes," he said.

Rumpole says: Where do we begin with that? Umm....The problem Dale is not that you were buying your Judges Cadillacs, but apparently your Judges were calling up their "appointment pals" and asking them to arrange test drives at Maroone. Thats if they had time to take a test drive after spending all day on the tennis courts while their wives were compiling "wish lists" at the Galleria Mall. All in all Dale, we would have suggested a different phrase to indicate the thankless job you performed.

Ross bristles at criticism of his leadership: "One person doesn't get elected nine times as chief judge by doing things wrong."

Rumpole says- we have to admit. When Dale is right he is right. One need only look to Castro and Cuba to see the powerful logic of our comrade's argument.

Interventions North of the Border? Judge Tobin has an idea:

Tobin thinks a combination of stern, reasonable demands and "peer pressure" ought to bring judges in line."[The chief can] talk to someone in a reasonable tone and a reasonable fashion and ask them to do things in a reasonable way," Tobin said. "And you have peer pressure. We didn't have any interventions. It would be a great idea though, an intervention of your peers."

Rumpole says- this is just classic. Can you see it now?
Several Judges standing at a doorway, Tobin in front, Holmes next to him with her arms crossed, a bunch of Judges in the back standing on their tippytoes. Ross is at his desk.

Tobin: "Dale, we need to talk. We're all your friends here...."

Such sensitivity from a group that as a whole sends more defendants to prison at a rate higher than any other circuit in the state. Stop it Judge Tobin, or we may just cry.