Wednesday, January 14, 2015
CAUSE IT'S ALL ABOUT THAT BASS, NO TREBLE .....
THE CAPTAIN REPORTS:
BREAKING NEWS on JUDGE DAVID YOUNG (read below) .....
A SCENE FROM A COURTROOM INSIDE THE MJB, CIRCA 1990*** ......
JUDGE LNU: Clerk, call the next case.
CLERK: State v. James Williams
DEFENSE ATTORNEY: Good morning, your honor. The Captain, appearing on behalf of Mr. Williams.
JUDGE: Mr. Captain, good to see you. Can you please approach the bench.
CAPTAIN: Of course, your honor.
JUDGE: Mr. Captain, you know I am running for re-election, don't you?
CAPTAIN: Yes, your honor.
JUDGE: Please take this envelope, (slipping the Captain an envelope); I noticed that you had not given to my campaign yet.
CAPTAIN: No problem, your honor. Of course I will be donating to your re-election campaign.
***This actually happened to me while appearing in Circuit Criminal many years ago. The Judge, who has since passed away, was a well liked judge and was thought by most, on both sides of the isle, to be a very fair judge. But, to be clear, what s/he did was not legal under any of the judicial campaign laws at the time.
***And we all know that, when running for Judge, that it's all about that bass ($$$), and lots of it, that makes a campaign go; a treble (thin) bank account is a quick ticket back into private practice.
On January 20, 2015, SCOTUS will hear the case of LANELL WILLIAMS-YULEE, PETITIONER, V. THE FLORIDA BAR, RESPONDENT. The Daily Business Review covers the story here.
The case comes directly from the Florida Supreme Court and you can read that court's opinion here.
The Florida Supreme Court's opinion starts out this way:
"We have for review a referee’s report recommending that the Respondent, Lanell Williams-Yulee, be found guilty of professional misconduct. The referee recommended that the Respondent receive a public reprimand as a sanction. We have jurisdiction. See art. V, § 15, Fla. Const.
For the reasons explained below, we approve the referee’s findings of fact and recommendation that the Respondent be found guilty of violating Rule Regulating the Florida Bar 4-8.2(b) (Judicial and Legal Officials, Candidates for Judicial Office; Code of Judicial Conduct Applies) for personally soliciting campaign contributions in violation of Canon 7C(1) of the Florida Code of Judicial Conduct. We therefore reject the Respondent’s constitutional challenge to the ban imposed by Canon 7C(1) on a judicial candidate’s personal solicitation of campaign contributions, and hold that the Canon is constitutional because it promotes the State’s compelling interests in preserving the integrity of the judiciary and maintaining the public’s confidence in an impartial judiciary, and that it is narrowly tailored to effectuate those interests.
.......
We approve the referee’s recommended sanction of a public reprimand."
In September of 2009, attorney Lanell Williams-Yulee decided she would become a candidate for County Court Judge in Tampa. One of her first acts as a candidate was to sign a campaign fundraising letter where she personally solicited campaign contributions.
The Campaign:
Judge Dick Greco, Jr was elected to the County Court bench in 1990 and reelected in 1996, He left the bench and returned to private practice in 2002. In 2009, Governor Charlie Crist appointed Greco to an open seat on the County Court bench. He ran for "reelection" in 2010. Ms. Williams-Yulee filed to challenge incumbent Judge Greco. In the primary, Judge Greco garnered 80% of the vote, defeating Williams-Yulee.
The Bar:
The Florida Bar investigated the charges against Williams-Yulee, which included misconduct and minor misconduct, violations of the Code of Judicial Conduct, violations of the Rules of Professional Conduct, and violations of supervisory responsibilities.
The relevant part of the referee's findings, as they relate to the case before SCOTUS, is the finding of guilt by Williams-Yulee of directly soliciting for campaign contributions.
SCOTUS:
The Bar has retained heavy hitter Greenberg Traurig partner Barry Richard (he of Bush v Gore) to represent the interests of The Respondent.
The Petitioner, Williams-Yulee, is challenging on First Amendment grounds, Canon 7C(1) of the Florida Code of Judicial Conduct, which bars judicial candidates from soliciting campaign contributions.
Amicus briefs were filed this week by some of the most respected attorneys in the State, on behalf of the Bar, including Major B. Harding, Harry Lee Anstead and Stephen Grimes, all former chief justices of the Florida Supreme Court; along with four others who are past presidents of the Florida Bar.
The Bar's amicus supporters believe that Canon 7C(1) "strikes a proper balance between a judicial candidate's right to free speech and the right of future litigants to due process, while placing a minimal burden on the former." (At least 33 other states have a judicial Canon similar to Florida's).
Let's face it, even though judges are not supposed to ask us directly for money, who's kidding who here. Every candidate, and Judge, running for reelection, knows who gave to their campaign and who gave to their opponent. It's online, it's public record. So, what's the big deal if we eliminate the middle man and just let the candidate/judge do the asking?
What do you think?
BREAKING NEWS ........
JUDGE DAVID YOUNG, is running for Judge, again:
Judge David Young, who served on the County and Circuit Court bench from 1993-2007, and then became a TV Judge (2007-2009), has most recently been mediating and serving our community on several boards. He announced today that he has entered the race for Circuit Court Judge in Group 39. That seat is currently held by Judge Rodriguez Chomat. Chomat is retiring (aged out) and therefore cannot seek reelection. Qualifying for the seat ends on May 6th of 2016 and the election will take place on August 30th.
CAPTAIN OUT .......
Captain4Justice@gmail.com
Tuesday, January 13, 2015
BANNED
Welcome to the REGJB Justice Building Blog- Banned in both North Korea and The Dade County State Attorneys Office. Quite a perfecta.
Jus Sui Charlie.
The following email has been edited for blog space requirements:
Jus Sui Charlie.
The following email has been edited for blog space requirements:
Dear Colleague:
A number of us have been sharing recollections of our appearances before Judge Hoeveler and our encounters with him over the years. It became clear to us that such stories from the members of our legal community "could fill a book," and so, with the cooperation of Judge Hoeveler's staff, that is precisely what we would like to do...
... St. Thomas University School of Law will be hosting an event to honor Judge Hoeveler and to announce that its Law Library has been selected as the repository for his trial notebooks, correspondence, and other judicial memorabilia. We are pleased to announce that St. Thomas has agreed to publish this book and to present it to Judge Hoeveler at that ceremony. (It is intended to be a surprise to the Judge.)...
We hope to include in this book stories about Judge Hoeveler, both from the time when he was practicing as a lawyer and during his 37 years of service on the bench. We are not looking for tributes or general praise, but rather anecdotes and "war stories" which by their narratives, and not by their adjectives, will say something about the kind of lawyer, jurist and person he is. These stories may be serious or funny, they may relate to personal encounters or things which took place in the courtroom during routine or more significant matters. Whether submissions emphasize his grace, patience, diligence, kindness or sense of humor, we believe that the collection as a whole will say something important about him and we hope that it will be a fitting tribute to his legendary career as a lawyer and trial judge.
Your submission should be double-spaced in Word, in Courier New, 12 point, and preferably no longer than a single page. Please identify yourself by name and affiliation, and give context for your submission. Please send it to: HOEVELERSTORIES AT GMAIL. COM
Please send your submission no later than January 20, 2015. Unlike Judge Hoeveler, we will not be liberal in granting extensions, although for a good excuse and a good submission exceptions will be made...
William C. Turnoff
United States Magistrate Judge
Sunday, January 11, 2015
GREG PREBISH HAS PASSED AWAY
Greg Prebish, a former Miami Criminal Defense attorney who relocated his family to Jackson Hole, Wyoming, where he worked as a lawyer and a host for the mountain ski resort, passed away suddenly over the weekend from septic shock as a complication from a minor knee surgery.
Greg is the son of famed Miami Criminal Defense Attorney Harry Prebish, who co-founded the Miami Chapter of the Florida Association of Criminal Defense Attorneys.
Greg was a great lawyer. Beloved and respected by his colleagues from both sides of the courtroom and the Judges who presided over his cases.
Greg was a fixture on the FACDL ski trips, and at some point he decided the mountain life was for him, so he very bravely gave up his practice here and went to Wyoming, where he was able to live the life he always wanted to live. So many of us dream of doing something like this, but so few of us actually do it. Greg passed away way way too early, but at least he was living life on his own terms. Good for him.
There is a GoFundMe page to help Kim-Greg's wife, with the unexpected funeral and travel expenses. It would be really a great gesture if Greg and Kim's Miami friends pitched in.
Here is the local paper's obituary.
From the obituary:
In the wake of his death multiple organizations and people in the valley remembered him as a dedicated volunteer, a caring man, a conscientious professional and a good friend.
“He was very involved in this community, and he cared a lot about his clients and his friends,” lawyer and Jackson Municipal Judge Melissa Owens said. “I think that’s the word you’re going to hear again and again, is how caring he was.”
Owens, also one of the leaders in the Teton County chapter of the Wyoming Bar Association, knew Prebish both as a fellow lawyer and as one of the men she could count on when she needed volunteers for bar association events.
“It’s not always easy to find people who can or will make time to be a part of those things,” she said, “but he was involved with things like the bar holiday party every year since I became involved myself. He was always willing to help.”
Nonprofits such as the Teton Access to Justice Center and the Community Safety Network remember Prebish as a man who was dedicated to getting justice for the people the organizations served and always willing to help.
Prebish spent at least one evening each week serving as the on-call attorney for the Access to Justice Center, where he offered his services free of charge to the center’s clients, both in representing them when necessary and in providing guidance in filling out legal forms. The center serves Teton County residents who are in need of legal assistance but who cannot afford the help they need...
Friday, January 09, 2015
#CASTRODEAD?
Rumors are rampant that Fidel Castro has assumed room temperature.
You know this is a big story when the Mega-Miami-Media-superstar-reporters like David Ovalle and Brian Andrews are being hustled to La Caretta and Versailles to closely monitor the situation.
Here's what we know:
Lines are forming outside Home Depot to buy plywood. Ditto Publix for water.
There's been a run on tres leches and picadillo and maduros. The situation is fluid and it is unknown at this time if we will be having dinner and dessert.
Mitt Romney is running for President in 2016. Really. It has nothing to do with Castro, but it's cool. Our generation's Harold Stassen.
So here's what we suggest. Have a glass of rum and then a shot from a collada and watch Godfather II. Whatever will be will be.
HR.
 |
| Dead or alive? |
You know this is a big story when the Mega-Miami-Media-superstar-reporters like David Ovalle and Brian Andrews are being hustled to La Caretta and Versailles to closely monitor the situation.
Here's what we know:
Lines are forming outside Home Depot to buy plywood. Ditto Publix for water.
There's been a run on tres leches and picadillo and maduros. The situation is fluid and it is unknown at this time if we will be having dinner and dessert.
Mitt Romney is running for President in 2016. Really. It has nothing to do with Castro, but it's cool. Our generation's Harold Stassen.
So here's what we suggest. Have a glass of rum and then a shot from a collada and watch Godfather II. Whatever will be will be.
HR.
Thursday, January 08, 2015
JUDGE MORTON PERRY HAS PASSED AWAY
UPDATE: PLEASE BE ADVISED THAT ALL FUNERAL SERVICES FOR JUDGE PERRY ARE PRIVATE AS PER THE REQUEST OF THE FAMILY
Back when the County Court Criminal Bench was almost exclusively white (Calvin Mapp being the only exception we can recall during this time period) and male and non-latin and there were separate divisions for crimes and traffic (lets see, Gerry Klein, Alfred Nesbit, Arthur Winton, Morton Perry in the crimes division) Judge Morton Perry was the epitome of what one would expect a judge to look like and be. He had a distinguished look about him. He was kind and calm and when we first walked into his courtroom as a young lawyer, he just looked like what Hollywood would cast as a Judge.
But he was also a fair judge, patient with the multitudes of unrepresented defendants who appeared before him along with the brand new prosecutors and PDs, many of whom knew less about the law than some of the "regulars" who appeared often in county court.
We once saw Judge Perry handle a solicitation of prostitution case and he recognized the defendant: "Sir, weren't you in my courtroom last week on the same charge?"
Defendant: "Yes Judge, that was me."
Judge Perry: "What do you have to say for yourself?"
Defendant: "I don't know judge, I guess I fall in love quickly."
It took several minutes for Judge Perry and the rest of the courtroom to stop laughing.
We remember Judge Morton Perry as a good and kind man and a fair judge who tried his best. He was a credit to the bench in Dade County and he served this community well.
 |
| Judge Morton Perry May 15, 1924-Janaury 5, 2015. |
Back when the County Court Criminal Bench was almost exclusively white (Calvin Mapp being the only exception we can recall during this time period) and male and non-latin and there were separate divisions for crimes and traffic (lets see, Gerry Klein, Alfred Nesbit, Arthur Winton, Morton Perry in the crimes division) Judge Morton Perry was the epitome of what one would expect a judge to look like and be. He had a distinguished look about him. He was kind and calm and when we first walked into his courtroom as a young lawyer, he just looked like what Hollywood would cast as a Judge.
But he was also a fair judge, patient with the multitudes of unrepresented defendants who appeared before him along with the brand new prosecutors and PDs, many of whom knew less about the law than some of the "regulars" who appeared often in county court.
We once saw Judge Perry handle a solicitation of prostitution case and he recognized the defendant: "Sir, weren't you in my courtroom last week on the same charge?"
Defendant: "Yes Judge, that was me."
Judge Perry: "What do you have to say for yourself?"
Defendant: "I don't know judge, I guess I fall in love quickly."
It took several minutes for Judge Perry and the rest of the courtroom to stop laughing.
We remember Judge Morton Perry as a good and kind man and a fair judge who tried his best. He was a credit to the bench in Dade County and he served this community well.
THE MORE THINGS CHANGE...
We received this comment and removed the attorney's name and decided to post this on the blog as a post.
Of course it's unethical. Attorneys cannot solicit business in this matter. Plus it violates the code of the shark to work for reduced rates. Of course, as thousands of defendants serving lengthy prison sentences can attest to, you get what you pay for.
Dear Rumpole,
I am curious as to whether you will post this question and, more importantly, your opinion on the practice.
I have had several clients over the past year or so tell me that XYZ ESQ has been sending his associates unsolicited to visit clients in the jails to get hired. Most of these inmates are represented by the PD's office and are handed a stack of XYZ ESQ business cards to pass around to other inmates. The clients tell me that XYZ ESQ offers to represent inmates for very reduced rates if they recruit other clients for his firm. He asks them for a list of all PD clients in their cell and then they go and visit them to do the same thing. Many of my clients (more than five) have independently told me this over the past year and have been recruited by these inmates. And one of my clients was actually visited by one of his associates recently and asked to switch firms.
I am curious as to whether you will post this question and, more importantly, your opinion on the practice.
I have had several clients over the past year or so tell me that XYZ ESQ has been sending his associates unsolicited to visit clients in the jails to get hired. Most of these inmates are represented by the PD's office and are handed a stack of XYZ ESQ business cards to pass around to other inmates. The clients tell me that XYZ ESQ offers to represent inmates for very reduced rates if they recruit other clients for his firm. He asks them for a list of all PD clients in their cell and then they go and visit them to do the same thing. Many of my clients (more than five) have independently told me this over the past year and have been recruited by these inmates. And one of my clients was actually visited by one of his associates recently and asked to switch firms.
Do you think it is legal/ethical to send associates unsolicited to the jails to attempt to get PD clients to hire him?
Don't attempt to leave a comment with the attorney's name. We believe the comment to be true, but we won't print the name without attribution from clients and then giving the attorney a chance to respond. If you leave a comment with an attorney's name, it will NOT be published, so don't waste your time and ours.
Tuesday, January 06, 2015
SO, YOU WANT TO BE A COUNTY COURT JUDGE
THE CAPTAIN REPORTS:
SO, YOU WANT TO BE A COUNTY COURT JUDGE .....
As a result of the resignation of Judge Gladys Perez, there is a vacancy on the County Court. The following 26 attorneys have applied to the 11th Circuit's Judicial Nominating Commission for consideration:
Julio M. Gomez
*Laura Ann Stuzin
Adriana Collado-Hudak
Elijah A. Levitt
Thomas Aquinas Cobitz
Erik M. Vieira
Bruce S. Reich
Gina Beovides
Christopher A. Green
Carlos L. Fernandez
Ansley B. Peacock
Steven Lieberman
*Diana Vizcaino
Scott M. Janowitz
Gordon Charles Murray
David Alschuler
Karl S.H. Brown
Griska Mena Rodriguez
Luis Perez Medina
Sandra J. Millor
Jonathan Meltz
Peter S. Heller
Julie Harris Terry
Isadora Velazquez-Rivas
Lody Jean
Leonard Leigh Elias
The JNC will now review their applications and decide how many of the 26 to interview in person.
*Ms. Stuzin and Ms. Vizcaino were both recently nominated by the 11th JNC to the two open Circuit Court seats (Gayles & Bloom); those seats were eventually filled by Jason Bloch & Rodolfo "Rudy" Ruiz.
If you would like to provide your input to any of the JNC members about any of these attorneys, you can find the JNC members' names and contact information here.
I LOVE MY LAW LICENSE .................
And in case you missed yesterday's post by Rumpole, read it again. "Protect Yourself". And if you need further support for this mantra, just take a look at the latest Florida Supreme Court's disciplinary opinions published on December 31, 2014. The Court disciplined no less than 22 attorneys in their latest Orders of Discipline and at least eight of those lawyers suffered the harshest of penalties; disbarment or revocation of their license. You can read all about it here.
Happy New Year to all our loyal blog readers. Looking forward to another great year of blogging in 2015.
CAPTAIN OUT .....
Captain4Justice@gmail.com
Monday, January 05, 2015
F. LEE. BAILEY
We can think of no better way to start off the 2015 blogging season than to refer you post-haste, to Roy Black's blog and his coda to F. Lee Bailey.
Go here, now, and read, and learn.
Lee Bailey's life reads like a Shakespearean tragedy, with a sad ending of disbarment, the roots of which were planted in one of his greatest achievements- the cross of detective Mark Furman in the OJ Simpson trial. Roy Black wrote that at the time he didn't think Bailey had done much damage during the cross. But in a rare instance of your humble blogger seeing more than the Jedi-Master of Cross-examination, we immediately saw what Bailey had done. The greatness of the cross was that Furman was finished, only he and the prosecution didn't know it yet. Like a ninja, Bailey had slipped in the knife without anyone knowing it. And the lesson there was, as Roy Black wrote: "A great cross reverberates across the entire scope of the evidence and takes on a life of its own." Indeed.
For us, constant worriers about the fate of the world, the ending of Bailey's career re-enforces a belief (nee fear) we have had for sometime- the legal careers of old criminal defense attorneys often end badly. Maybe it's because the vast sums lawyers occasionally collect cause them to forget the hard times, and they fail to save.
As equally as likely is the superman complex- we walk into the belly of beast and save the damned. The rules don't apply to us.
Or so we think.
Until we make that one fatal mistake. We ignore that nagging pain until a health care disaster strikes us down. We spend like the cases and clients will never stop.
Or as Roy Black wrote about Bailey's downfall : "The man who protected everyone didn't protect himself."
Stop. You. Reading this. Stop. The texts and emails will wait.
Read that again. "The man who protected everyone didn't protect himself."
If it can happen to one of the greatest criminal defense attorneys of the last sixty years, it can happen to you.
Protect yourself.
Rumpole's first admonition for 2015.
See You In Court.
Go here, now, and read, and learn.
Lee Bailey's life reads like a Shakespearean tragedy, with a sad ending of disbarment, the roots of which were planted in one of his greatest achievements- the cross of detective Mark Furman in the OJ Simpson trial. Roy Black wrote that at the time he didn't think Bailey had done much damage during the cross. But in a rare instance of your humble blogger seeing more than the Jedi-Master of Cross-examination, we immediately saw what Bailey had done. The greatness of the cross was that Furman was finished, only he and the prosecution didn't know it yet. Like a ninja, Bailey had slipped in the knife without anyone knowing it. And the lesson there was, as Roy Black wrote: "A great cross reverberates across the entire scope of the evidence and takes on a life of its own." Indeed.
For us, constant worriers about the fate of the world, the ending of Bailey's career re-enforces a belief (nee fear) we have had for sometime- the legal careers of old criminal defense attorneys often end badly. Maybe it's because the vast sums lawyers occasionally collect cause them to forget the hard times, and they fail to save.
As equally as likely is the superman complex- we walk into the belly of beast and save the damned. The rules don't apply to us.
Or so we think.
Until we make that one fatal mistake. We ignore that nagging pain until a health care disaster strikes us down. We spend like the cases and clients will never stop.
Or as Roy Black wrote about Bailey's downfall : "The man who protected everyone didn't protect himself."
Stop. You. Reading this. Stop. The texts and emails will wait.
Read that again. "The man who protected everyone didn't protect himself."
If it can happen to one of the greatest criminal defense attorneys of the last sixty years, it can happen to you.
Protect yourself.
Rumpole's first admonition for 2015.
See You In Court.
Sunday, January 04, 2015
WHY THIS BLOG?
Why we blog:
On November 9, 2011 we did a blog post on the passing in May, 2011, of REGJB Legend Judge Phil Knight here.
Early Saturday morning, more than four years later, we received this comment:
CHESSMAN said...
I was once a neighbor of the honorable Judge Knight back in 1991-1993. He was a remarkable man. His wife, Mrs. Knight was a sweetheart. He obviously left an impression on me as a youngster since I randomly decided to google him and found this blog. Rest in peace Judge Knight. Peace and blessings to your surviving love ones. Saturday, January 03, 2015 3:31:00 AM 
This is why we blog.
On November 9, 2011 we did a blog post on the passing in May, 2011, of REGJB Legend Judge Phil Knight here.
Early Saturday morning, more than four years later, we received this comment:
The law, for better or worse, has now been our occupation, vocation, and avocation for half our life (plus or minus a year or two). And we have practiced law mostly in the REGJB (plus or minus a trip to Broweird or the federal courts around the country- one of our favourite cases being a three week trial in DC several years ago.)
The REGJB has been a building that has held the judges and juries and lawyers that have decided the fates of Miamians for over a half a century. The people who have worked in our building have defined Miami (Richard E Gerstein) and shaped this country (Janet Reno). From clerks and bailiffs and corrections officers to brilliant Judges (Phil Knight, Ed Cowart), to uniquely Miami characters- Sy Gaer, Ellen Morphonios, their stories needed to be told, their work needed to be remembered, their lives needed- in some small way-to be honored.
That's what we try to do here.
Time marches on, and the next generation replaces the last. We have new judges and lawyers marching (confidently or trepidatiously) into the REGJB in 2015, and they will affect the lives of Miamians who come to the courthouse as defendants and victims and witnesses. Some will do great things; some will fail miserably.
All are working under the shade of trees, grown from acorns planted by those who came before them. Some of those were giants in their fields. Many were mediocre, most tried to do their best; all sought that most amorphous and shadowy of highest ideals: JUSTICE. It was, after all, first called the "Justice Building"
For better or worse, here comes 2015. It all starts Monday.
*See You In Court.
*Figuratively speaking. Our first rule of trials is to never ever let a case be set for trial the first week of January. Too many judges and prosectors return with new year's resolutions of trying more cases and getting tougher at sentencing dancing in their egg-nog -hung-over-minds. Some of the worst injustices that we have ever seen have occurred during this first week or two. Long time, and careful readers know our inviolate rule by now.
Thursday, January 01, 2015
THE LOST GENERATION
For reasons we cannot explain here, we found ourselves on New Years Day, in, of all establishments, a McDonalds, in a bland mid-western state.
A woman with a shock of white hair who was in her mid-sixties greeted us. Behind her, a stooped, old man ran the French-fryer. When we sat down (we didn't eat any food- pure poison) an old woman, bent over with gnarled hands was running a mop on the floor in desolate strokes.
What happened to high-school students getting their first job at McDonalds? Now it seems that seniors are turning to McDonalds to survive, and not just for meals.
Their parents were the greatest generation, and their children are the baby-boomers and gen-X and Gen-Y'ers. .
The greatest generation fought and won two world wars and twice saved Europe.
Their grandchildren- the Baby Boomers, were born into a world that would soon see men on the moon. Boomers grew up watching the world explode in civil rights marches, the deaths of John and Martin and Bobby. Their parents might have caught the Korean war or the Vietnam war, and neither resulted in a victory. Baby-Boomers went to college in droves and became doctors and lawyers and financiers, and their children and grandchildren ushered in the communication and tech age-financed by the Boomers. Sandwiched in-between the success of two world wars and the micro-chips and digital technology, the lost generation struggled to what now seems an inglorious end.
Does greatness skip a generation?
It's not fair to disparage a generation, and in fact we aren't disparaging our parents generation. What we are doing is recognizing that they are they people left standing without a chair when the music stopped. Their generation killed two Kennedys and MLK. They elected Nixon and re-elected him, although his hands were caught in the Watergate till, and then they dumped Ford for Carter, and that's where it stood until the majority of Baby-Boomers came of age and dumped Carter for Reagan.
They smoked and drank and ushered in fast food, diet soda, and became the sickest generation, as their health care costs are partly responsible for sinking them into poverty.
You can start the emails with their accomplishments- and we won't deny them. But overall, and maybe it's just the start of the New Year blues in a cold, desolate environment- but this generation seems lost and sad.
The saddest generation?
Court starts anew Monday, and if you have listened to our warnings over the years, you will remain safely ensconced in your office. Trials on the first week are a no-no.
A woman with a shock of white hair who was in her mid-sixties greeted us. Behind her, a stooped, old man ran the French-fryer. When we sat down (we didn't eat any food- pure poison) an old woman, bent over with gnarled hands was running a mop on the floor in desolate strokes.
What happened to high-school students getting their first job at McDonalds? Now it seems that seniors are turning to McDonalds to survive, and not just for meals.
Their parents were the greatest generation, and their children are the baby-boomers and gen-X and Gen-Y'ers. .
The greatest generation fought and won two world wars and twice saved Europe.
Their grandchildren- the Baby Boomers, were born into a world that would soon see men on the moon. Boomers grew up watching the world explode in civil rights marches, the deaths of John and Martin and Bobby. Their parents might have caught the Korean war or the Vietnam war, and neither resulted in a victory. Baby-Boomers went to college in droves and became doctors and lawyers and financiers, and their children and grandchildren ushered in the communication and tech age-financed by the Boomers. Sandwiched in-between the success of two world wars and the micro-chips and digital technology, the lost generation struggled to what now seems an inglorious end.
Does greatness skip a generation?
It's not fair to disparage a generation, and in fact we aren't disparaging our parents generation. What we are doing is recognizing that they are they people left standing without a chair when the music stopped. Their generation killed two Kennedys and MLK. They elected Nixon and re-elected him, although his hands were caught in the Watergate till, and then they dumped Ford for Carter, and that's where it stood until the majority of Baby-Boomers came of age and dumped Carter for Reagan.
They smoked and drank and ushered in fast food, diet soda, and became the sickest generation, as their health care costs are partly responsible for sinking them into poverty.
You can start the emails with their accomplishments- and we won't deny them. But overall, and maybe it's just the start of the New Year blues in a cold, desolate environment- but this generation seems lost and sad.
The saddest generation?
Court starts anew Monday, and if you have listened to our warnings over the years, you will remain safely ensconced in your office. Trials on the first week are a no-no.
Tuesday, December 30, 2014
A NEW YEAR
Be at war with your vices;
At peace with your neighbors;
and let every new year find you a better man person.
Benjamin Franklin.
Have a happy and prosperous new year.
And hopefully you have followed our number one rule of trials: never ever ever set a case for trial for the first week of the new year. Judges and prosecutors return with new year's resolutions of getting tough on crime and trying more cases and handing out harsher sanctions dancing in their heads like visions of candy canes and free drinks and meals.
HR.
Proprietor, Justice Building Blog.
Sunday, December 28, 2014
CHAMPIONS
TEAM FIMAN won the second REGJB Fantasy Football league this year, with a sterling (Donald Sterling was on his team) record of 10-3. He truly dominated the league.
DUSTIN TISCHLER was the Survivor Pool champion, picking a winning team in all sixteen weeks of the season.
Congrats to our champions, and thanks to all of our players in both competitions who made this a very enjoyable football season.
Speaking of which…..
Take the Fins at home over the hapless J…E….T….S and Rex Ryan's last game as coach -6.
Take the surging Raiders on the road, getting 14 at Denver where Peyton Manning is ailing.
Take the Steelers, at home, in the Sunday night game, -3, over the Bengals, to win the AFC North Division. Also take the over 48.
DUSTIN TISCHLER was the Survivor Pool champion, picking a winning team in all sixteen weeks of the season.
Congrats to our champions, and thanks to all of our players in both competitions who made this a very enjoyable football season.
Speaking of which…..
Take the Fins at home over the hapless J…E….T….S and Rex Ryan's last game as coach -6.
Take the surging Raiders on the road, getting 14 at Denver where Peyton Manning is ailing.
Take the Steelers, at home, in the Sunday night game, -3, over the Bengals, to win the AFC North Division. Also take the over 48.
Wednesday, December 24, 2014
Monday, December 22, 2014
HANDS UP MIAMI- WE CAN'T BREATHE
In light of the tragic assassinations of two innocent NYPD officers this weekend by a deranged man, is there any further proof needed that we as a nation are being rent by violence, illegal guns, outdated laws, and a failed justice system that engenders distrust, not trust, and anger, not healing?
Police kill citizens. Secret grand juries refuse to indict. The old racial lines of white cops and black suspects appear again, 49 years after white Alabama State Troopers attacked peaceful white and black protestors on Bloody Sunday during the march from Selma to Montgomery. Social media crackles with all sorts of messages, some peaceful, some threatening. And then some mentally ill man kills two innocent police officers. NYC Mayor Bill DeBlasio rushes to the hospital, while NYC police union officials accuse the mayor of having blood on his hands. A thirteen year old boys collapses in grief at the sight of his dead father, while uniformed police officers turn their back when the mayor enters the room for a press conference.
Where are our leaders? Where are the level headed people who are working to bring our society together, instead of wringing their hands over the deep rifts fracturing this country?
We practice a little civil law, and its always a bloody "if they want it-we don't" scorched earth type of litigation. Never room for compromise, every case replete with accusations and the now common litigation tactic of threatening bar complaints.
In Congress, each party despises the other. When the president makes courageous moves to end 50 failed years of antagonism with Cuba, the other party calls him a traitor and wants to impeach him. One gets the idea that if in one bold stroke the President somehow removed the dictator of North Korea and instilled a peaceful democracy there, the other party- fearful of the president being successful- would call for his indictment for violating international law.
Every issue in our society seems to be a zero sum game, where each participant only sees a win or a loss, and can't understand that sometimes playing the game is a loss for both sides.
So the deaths of these police officers, like the death of citizens at the hands of police officers before, becomes just another move in the chess game. The battle for public opinion and the upper hand. Meanwhile, there are no leaders, there is no healing, problems are not being solved, and a young boy faces the first of the rest of his Christmas's without his father.
"Hands up. I can't breathe. Where's my dad? "
It seems like it will never end.
Police kill citizens. Secret grand juries refuse to indict. The old racial lines of white cops and black suspects appear again, 49 years after white Alabama State Troopers attacked peaceful white and black protestors on Bloody Sunday during the march from Selma to Montgomery. Social media crackles with all sorts of messages, some peaceful, some threatening. And then some mentally ill man kills two innocent police officers. NYC Mayor Bill DeBlasio rushes to the hospital, while NYC police union officials accuse the mayor of having blood on his hands. A thirteen year old boys collapses in grief at the sight of his dead father, while uniformed police officers turn their back when the mayor enters the room for a press conference.
Where are our leaders? Where are the level headed people who are working to bring our society together, instead of wringing their hands over the deep rifts fracturing this country?
We practice a little civil law, and its always a bloody "if they want it-we don't" scorched earth type of litigation. Never room for compromise, every case replete with accusations and the now common litigation tactic of threatening bar complaints.
In Congress, each party despises the other. When the president makes courageous moves to end 50 failed years of antagonism with Cuba, the other party calls him a traitor and wants to impeach him. One gets the idea that if in one bold stroke the President somehow removed the dictator of North Korea and instilled a peaceful democracy there, the other party- fearful of the president being successful- would call for his indictment for violating international law.
Every issue in our society seems to be a zero sum game, where each participant only sees a win or a loss, and can't understand that sometimes playing the game is a loss for both sides.
So the deaths of these police officers, like the death of citizens at the hands of police officers before, becomes just another move in the chess game. The battle for public opinion and the upper hand. Meanwhile, there are no leaders, there is no healing, problems are not being solved, and a young boy faces the first of the rest of his Christmas's without his father.
"Hands up. I can't breathe. Where's my dad? "
It seems like it will never end.
Sunday, December 21, 2014
NFL WEEK 16 2014.
Perfection. "The quality or state of being perfect. Freedom from fault or defect."
Today, Dustin Tischler stands alone at the precipice of perfection. A perfect season. Sixteen picks in the survivor pool, sixteen correct choices.
Yesterday Plea D went down hard with the Eagles and Mark Sanchez losing to the Redskins. Here's a tip- never place your future in the hands of a Mark Sanchez led team.
Now it all rests on the shoulders of Tischler, who has picked the Cheaters against the Jets today.
Will Rex Ryan spoil the dream? Or will Tischler stand with the 1972 Dolphins and Don Larsen?
Stay tuned.
We like the Texans +6 at home against the Ravens .
Steelers -3 at home over Chiefs.
Panthers -4 at home over Browns and Manzel.
Today, Dustin Tischler stands alone at the precipice of perfection. A perfect season. Sixteen picks in the survivor pool, sixteen correct choices.
Yesterday Plea D went down hard with the Eagles and Mark Sanchez losing to the Redskins. Here's a tip- never place your future in the hands of a Mark Sanchez led team.
Now it all rests on the shoulders of Tischler, who has picked the Cheaters against the Jets today.
Will Rex Ryan spoil the dream? Or will Tischler stand with the 1972 Dolphins and Don Larsen?
Stay tuned.
We like the Texans +6 at home against the Ravens .
Steelers -3 at home over Chiefs.
Panthers -4 at home over Browns and Manzel.
Saturday, December 20, 2014
KARMA KRAMER
Many years ago we were retained to represent a troubled man; he was a professional in his late twenties and had some issues with his recovery. He had some personal issues which made him vulnerable to manipulation, and in fact he fell into a trap laid by some BSO deputy-thugs, and their snitches. He tried to get out of what he saw unfolding as a drug deal- but it was too late. He drove away, the police made a very bad stop. He refused a request to search his car and was badly beaten.
The case was replete with issues, from entrapment to a bad stop, to an illegal search, to police brutality. There was really no excuse for the broken nose, black eyes, and missing teeth in the booking photo.
But the case was in Broward. It was assigned to a judge who had been a former prosecutor and a former attorney for the police. She was sarcastic, sneering, uninterested in reading the motion we filed, and tossed- like a dirty napkin- the booking photo we entered into evidence- using two fingers and holding the edge of it and flipping it to her clerk like it offended her that we would argue such nonsense. She insisted on holding the hearing on the motion to suppress as the first thing she did on a busy Monday morning calendar, with a courtroom full of police officers and prosecutors. And she made it a very loud point to tell the bailiff to have a jury outside by 9:30.
In other words- a Miami Lawyer getting the full Broward Monty.
Our client sat at the table muttering over and over again "I can't believe this is happening....I can't believe what I am seeing." We had no words to soothe him. He was right. We couldn't believe it was happening, but for the fact we were in Broward, where it happens every day.
A judge came in to speak with our judge during cross examination. Our judge waived us on- "Don't stop. I am listening."
We sat down at counsel table. She glared at us. "You are listening Judge, just not to my questions" I said. "ohhs and ahhhs" were issued from the gallery and gaggle of police officers who were enjoying the show, watching a judge abuse us and our client.
"Thank you" our client whispered to us "for at least fighting for me."
Of course the motion was denied. And of course the prosecution increased the plea offer to prison for a man who had a job, had a health issue, and would lose everything, including his irreplaceable health insurance.
But that's why the good lord made juries, and the jury saved us.
But yesterday the jury didn't save Judge Cynthia Imperato. She was found guilty by a West Palm Beach jury for a second DUI outside of ten years. When prosecutors all over the state routinely threaten jail to anyone with the temerity to seek a jury trial on a first DUI, Judge Imperato was sentenced to twenty days house arrest.
But she went to trial and was convicted.
How does it feel when the Justice System works?
Karma Kramer.
The case was replete with issues, from entrapment to a bad stop, to an illegal search, to police brutality. There was really no excuse for the broken nose, black eyes, and missing teeth in the booking photo.
But the case was in Broward. It was assigned to a judge who had been a former prosecutor and a former attorney for the police. She was sarcastic, sneering, uninterested in reading the motion we filed, and tossed- like a dirty napkin- the booking photo we entered into evidence- using two fingers and holding the edge of it and flipping it to her clerk like it offended her that we would argue such nonsense. She insisted on holding the hearing on the motion to suppress as the first thing she did on a busy Monday morning calendar, with a courtroom full of police officers and prosecutors. And she made it a very loud point to tell the bailiff to have a jury outside by 9:30.
In other words- a Miami Lawyer getting the full Broward Monty.
Our client sat at the table muttering over and over again "I can't believe this is happening....I can't believe what I am seeing." We had no words to soothe him. He was right. We couldn't believe it was happening, but for the fact we were in Broward, where it happens every day.
A judge came in to speak with our judge during cross examination. Our judge waived us on- "Don't stop. I am listening."
We sat down at counsel table. She glared at us. "You are listening Judge, just not to my questions" I said. "ohhs and ahhhs" were issued from the gallery and gaggle of police officers who were enjoying the show, watching a judge abuse us and our client.
"Thank you" our client whispered to us "for at least fighting for me."
Of course the motion was denied. And of course the prosecution increased the plea offer to prison for a man who had a job, had a health issue, and would lose everything, including his irreplaceable health insurance.
But that's why the good lord made juries, and the jury saved us.
But yesterday the jury didn't save Judge Cynthia Imperato. She was found guilty by a West Palm Beach jury for a second DUI outside of ten years. When prosecutors all over the state routinely threaten jail to anyone with the temerity to seek a jury trial on a first DUI, Judge Imperato was sentenced to twenty days house arrest.
But she went to trial and was convicted.
How does it feel when the Justice System works?
Karma Kramer.
Thursday, December 18, 2014
BRINGING HOME THE BACON
Over on the South Florida Lawyers Blog, ("Summary judgment is fun and interesting!" ) they are covering Judge Shephard's massive smack down of Judge David Miller in this opening paragraph of the opinion on a writ of prohibition:
But we like the concluding coda to the opinion:
In the words of the sixteenth century statesman and jurist, Sir Francis Bacon (1561-1626):
Judges ought to be more learned than witty; more
reverend (sic) than plausible; and more advised than
confident. *** Patience and gravity of hearing is an
essential part of justice; and an overspeaking judge is no
well tuned cymbal.
“Of Judicature,” Francis Bacon Essays, pub. by J. M. Dent & Sons, 1958, Essay
LVI, pp. 162, 163.
Just so we're clear, Sir Frankie B was talking about judges, not bloggers.
See You In Court.
btw- any rumor of an alliance between certain judge, prosecutors, raconteurs and North Korea designed to shut down this blog, is merely that: a rank rumor.
It has long been said in the courts of this state that “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties, compelling us to grant Great American Insurance Company’s Petition for a Writ of
Prohibition.
In the words of the sixteenth century statesman and jurist, Sir Francis Bacon (1561-1626):
Judges ought to be more learned than witty; more
reverend (sic) than plausible; and more advised than
confident. *** Patience and gravity of hearing is an
essential part of justice; and an overspeaking judge is no
well tuned cymbal.
“Of Judicature,” Francis Bacon Essays, pub. by J. M. Dent & Sons, 1958, Essay
LVI, pp. 162, 163.
Just so we're clear, Sir Frankie B was talking about judges, not bloggers.
See You In Court.
btw- any rumor of an alliance between certain judge, prosecutors, raconteurs and North Korea designed to shut down this blog, is merely that: a rank rumor.
Wednesday, December 17, 2014
THE WORST OF THE WORST
Hate is protected speech.
We are publishing, with permission of the recipient, the anonymous hate mail sent to her by a coward.
And make no mistake about it, a coward sent this.
We are publicizing it to shame the coward.
Oh, they might enjoy it at first. But as it lingers, and people view it, and think to themselves about the coward who sent it who didn't have the guts to sign their name to their hate mail, it will begin to make them uncomfortable. Maybe they will get upset. At some point they will want us to take it down. But we won't. Others have tried and failed. This post will be an everlasting monument to their abject cowardice.
Enjoy it coward.
We are publishing, with permission of the recipient, the anonymous hate mail sent to her by a coward.
And make no mistake about it, a coward sent this.
We are publicizing it to shame the coward.
Oh, they might enjoy it at first. But as it lingers, and people view it, and think to themselves about the coward who sent it who didn't have the guts to sign their name to their hate mail, it will begin to make them uncomfortable. Maybe they will get upset. At some point they will want us to take it down. But we won't. Others have tried and failed. This post will be an everlasting monument to their abject cowardice.
Enjoy it coward.
Tuesday, December 16, 2014
THE BEST OF THE BEST
In the early morning hours of December 16, 1944, under snow heavy skies and zero temperatures, 30 German Divisions attacked Allied armies in the Ardennes Forrest area of Belgium, Luxembourg and France. The Allies, caught by surprise, the weather having limited the ability of arial surveillance, and overconfidence, fell back under the onslaught, creating a "bulge" in the Western Front.
The German plan was the smash the Allied armies, re-seize the port of Antwerp, which would have delayed the end of the war by years. Banking on the war weary British and Americans having little appetite for another three or four years of war, Hitler thought he could sue for peace, and then turn his attention and new war machines, like the jet fighter plane, against the Russians on the eastern front.
A lot hung in the balance as allied troops fell back across a wide swarth of land. But in a few places, the allies refused to yield. In Belgium, the battle hardened 28 infantry division held the crossings at the River Our and despite being spread perilously thin, held on. This allowed the 101st Airborne Division, which Eisenhower immediately summoned, to be trucked into Bastogne, before it was surrounded. As the 101st marched in, wearing summer pants and shoes- their winter clothes were being sent in other convoys, they met green allied troops fleeing in a panic, many of them screaming that the Germans had them surrounded. More than one grizzled paratrooper chuckled that meant the 101st had the Germans just where they wanted them.
What followed in the following days was some of the most miserable, bloody, freezing, fighting of WWII. The 101st dug into the freezing ground on the outskirts of Bastogne. They were shelled unmercifully. Fighting subzero temperatures at night, German Panzers by day, the 101st held Bastogne. These men, who grew up in the depression; who volunteered for the airborne and survived the toughest training the army could devise; who jumped at night into Normandy and made their division famous, and who jumped into a disaster in Holland during operation Market Garden and again distinguished themselves- these men- simple American boys- cold- far from home- did what made them the greatest generation. They fought for each other. It was unthinkable to run. They all had trench foot- which entitled them to be relieved and removed to a warm tent at the rear- but that meant leaving a buddy behind, so they stayed, and endured the terror of the shelling, and the freezing nights, and fought and held on and won.
You can find many battles where Americans distinguished themselves. But you would be hard pressed to find another battle, in such horrific conditions, against all odds and superior forces, where a group of men showed just what American Exceptionalism- whatever that may really be- is.
We really can't do justice to the heroes of the Battle of the Bulge. Read Stephen Ambrose's excellent Band Of Brothers for the best account of the 101st at Bastogne.
But when you are warm and safe in your bed tonight, remember that almost seventy years ago- the best of the best our nation ever produced, hung on, fought bravely against all odds, and made being and American something to be damned proud of.
The German plan was the smash the Allied armies, re-seize the port of Antwerp, which would have delayed the end of the war by years. Banking on the war weary British and Americans having little appetite for another three or four years of war, Hitler thought he could sue for peace, and then turn his attention and new war machines, like the jet fighter plane, against the Russians on the eastern front.
A lot hung in the balance as allied troops fell back across a wide swarth of land. But in a few places, the allies refused to yield. In Belgium, the battle hardened 28 infantry division held the crossings at the River Our and despite being spread perilously thin, held on. This allowed the 101st Airborne Division, which Eisenhower immediately summoned, to be trucked into Bastogne, before it was surrounded. As the 101st marched in, wearing summer pants and shoes- their winter clothes were being sent in other convoys, they met green allied troops fleeing in a panic, many of them screaming that the Germans had them surrounded. More than one grizzled paratrooper chuckled that meant the 101st had the Germans just where they wanted them.
What followed in the following days was some of the most miserable, bloody, freezing, fighting of WWII. The 101st dug into the freezing ground on the outskirts of Bastogne. They were shelled unmercifully. Fighting subzero temperatures at night, German Panzers by day, the 101st held Bastogne. These men, who grew up in the depression; who volunteered for the airborne and survived the toughest training the army could devise; who jumped at night into Normandy and made their division famous, and who jumped into a disaster in Holland during operation Market Garden and again distinguished themselves- these men- simple American boys- cold- far from home- did what made them the greatest generation. They fought for each other. It was unthinkable to run. They all had trench foot- which entitled them to be relieved and removed to a warm tent at the rear- but that meant leaving a buddy behind, so they stayed, and endured the terror of the shelling, and the freezing nights, and fought and held on and won.
You can find many battles where Americans distinguished themselves. But you would be hard pressed to find another battle, in such horrific conditions, against all odds and superior forces, where a group of men showed just what American Exceptionalism- whatever that may really be- is.
We really can't do justice to the heroes of the Battle of the Bulge. Read Stephen Ambrose's excellent Band Of Brothers for the best account of the 101st at Bastogne.
But when you are warm and safe in your bed tonight, remember that almost seventy years ago- the best of the best our nation ever produced, hung on, fought bravely against all odds, and made being and American something to be damned proud of.
Monday, December 15, 2014
I CAN'T BREATHE
There massive rallies in NYC and DC over the weekend protesting the way the police treat people, and the way the justice system treats police who kill the people they are paid to serve and protect.
In our view we are half way there. When the protests also start looking at the the way the justice system treats defendants, then we will have all of skeletons out in the open.
One thing is certain- the grand jury process is broken.
The old saying is that the prosecution can get a ham sandwich indicted. And that is true, unless the ham sandwich has a badge. The last "no true bill" we can remember in Miami that didn't involve a police officer was a case in the mid-to late eighties involving an inner city store owner who electrified the roof of his store because of repeated burglaries. A burglar wandered into the trap and was electrocuted and died and the grand jury refused to indict.
Grand juries were not supposed to be rubber stamps for prosecutors. But that is the system we now have. And this system is broken and has no credibility when the system is not impartial. More importantly, the system no longer has the faith of the people, and when you think about it, our entire society rests on the proposition that the people have faith in the government.
MONDAY DECEMBER 22, 2014 IS HANDS UP MIAMI/ I CAN'T BREATHE DAY.
We invite and ask all attorneys in the federal, civil, and criminal courts to approach the podium with a "hands up" gesture as a show of support for people who are protesting a broken court system.
See You In Court, Hands-Up.
In our survivor pool the contestants stand on the brink of a perfect season, with their choices of the Chiefs and the Seahawks winning yesterday. Can they duplicate the Miami Dolphin's Perfect Season? Stay tuned.
In our view we are half way there. When the protests also start looking at the the way the justice system treats defendants, then we will have all of skeletons out in the open.
One thing is certain- the grand jury process is broken.
The old saying is that the prosecution can get a ham sandwich indicted. And that is true, unless the ham sandwich has a badge. The last "no true bill" we can remember in Miami that didn't involve a police officer was a case in the mid-to late eighties involving an inner city store owner who electrified the roof of his store because of repeated burglaries. A burglar wandered into the trap and was electrocuted and died and the grand jury refused to indict.
Grand juries were not supposed to be rubber stamps for prosecutors. But that is the system we now have. And this system is broken and has no credibility when the system is not impartial. More importantly, the system no longer has the faith of the people, and when you think about it, our entire society rests on the proposition that the people have faith in the government.
MONDAY DECEMBER 22, 2014 IS HANDS UP MIAMI/ I CAN'T BREATHE DAY.
We invite and ask all attorneys in the federal, civil, and criminal courts to approach the podium with a "hands up" gesture as a show of support for people who are protesting a broken court system.
See You In Court, Hands-Up.
In our survivor pool the contestants stand on the brink of a perfect season, with their choices of the Chiefs and the Seahawks winning yesterday. Can they duplicate the Miami Dolphin's Perfect Season? Stay tuned.
Sunday, December 14, 2014
NFL WEEK 15
It was fun for a while, but the Dolphins' season ends today, in Foxboro, Massachusetts, in the land of cheaters, ruled by an evil genius. The Cheaters are -7.5 at home, and fighting for home field advantage, the Pats take care of business and make all Dolphin fans everywhere say "wait until next year…when Jim Harbaugh becomes the coach."
The Blog fantasy football playoffs enter the semi-finals today, and of course your faithful blogger is in the mix, rolling our opponent last week with a study 162.5 points. And this week, as we have been saying all year to our opponents, " ask not for whom the (Leveon) Bell tolls, Team-Fi-Man, he tolls for thee."
The game of the week is the Sunday night game, as the Cowpokes travel to Philadelphia, with the winner in, and the loser probably out. It's hard to lay cheesesteaks on a Mark Sanchez led team, and the Cowpokes are destined to lose on a late INT in the first round of the playoffs- it's just their fate- which means we are taking the visitors, +3.5, because you can trust your car to the man who wears the star. Cowboys +3.5 over Eagles..
Week 15 survivor pool- we will post the picks when we have both.
Coming soon. It dominated the blog last December, and people in polite society are still talking about it- the Best Novels, and new this year- the Best Fiction, 2014.
The Blog fantasy football playoffs enter the semi-finals today, and of course your faithful blogger is in the mix, rolling our opponent last week with a study 162.5 points. And this week, as we have been saying all year to our opponents, " ask not for whom the (Leveon) Bell tolls, Team-Fi-Man, he tolls for thee."
The game of the week is the Sunday night game, as the Cowpokes travel to Philadelphia, with the winner in, and the loser probably out. It's hard to lay cheesesteaks on a Mark Sanchez led team, and the Cowpokes are destined to lose on a late INT in the first round of the playoffs- it's just their fate- which means we are taking the visitors, +3.5, because you can trust your car to the man who wears the star. Cowboys +3.5 over Eagles..
Week 15 survivor pool- we will post the picks when we have both.
Coming soon. It dominated the blog last December, and people in polite society are still talking about it- the Best Novels, and new this year- the Best Fiction, 2014.
Friday, December 12, 2014
PHOTOS FROM SHARPSTEIN EVENT PLUS THE GRINCH
UPDATE: SCRUGGS LEAVES SAO: From Ovalle's Herald article: “I’m exploring whether to get back and do law enforcement here or in Alaska,” said Scruggs, 63, whose last day was Friday."
Now there's a quote you don't see every day.
UPDATE: PRO SE, A-OK. The pro-se defendant who was facing life in prison before Judge Rodriguez-Chomat this week was acquitted of all counts Friday after just slightly less than two hours of deliberation by the jury. The defendant was sentenced to 14 years on the PVH, proving that you can beat the rap, but you can't beat the ride.
Courtesy of David Ovalle's twitter @davidovalle305, here are some pictures from the event unveiling the plaque honoring our dear colleague Richard Sharpstein.
Also- a few alert readers sent us a picture in which they are sure they have proof of the Grinch, planing to steal christmas. (see below)
Now there's a quote you don't see every day.
UPDATE: PRO SE, A-OK. The pro-se defendant who was facing life in prison before Judge Rodriguez-Chomat this week was acquitted of all counts Friday after just slightly less than two hours of deliberation by the jury. The defendant was sentenced to 14 years on the PVH, proving that you can beat the rap, but you can't beat the ride.
Courtesy of David Ovalle's twitter @davidovalle305, here are some pictures from the event unveiling the plaque honoring our dear colleague Richard Sharpstein.
Also- a few alert readers sent us a picture in which they are sure they have proof of the Grinch, planing to steal christmas. (see below)
 |
| Three curious judges…. |
 |
| Two happy judges…. |
 |
| a packed house, including big-wig ASAs |
 |
| can you spot the Grinch, albeit a well dressed one, planning on stealing christmas? |
Thursday, December 11, 2014
AND THEN A HERO COMES ALONG
For those of you new(er) to the REGJB, you might not know that Gregg Wenzel, a former Assistant Public Defender, resigned in the wake of 9/11 and joined the CIA Clandestine Services, where he lost his life overseas, on assignment, in a dangerous part of the world, protecting our freedoms.
In Miami, Gregg Wenzel's memory has been kept alive by his good friend, Brian Tannebaum, who has attended the yearly memorial service at the CIA with Gregg's family, where there is a star in the lobby reflecting Gregg's "last measure of devotion."
It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.
Abraham Lincoln, Gettysburg Address, November 19, 1863.
Brian Tannebaum alerted us to the Press release from Senator Gillibrand's office in which both houses of congress have passed a law renaming a post office in Gregg's home town in his honor. The Bill await's signature of the President.
In Miami, Gregg Wenzel's memory has been kept alive by his good friend, Brian Tannebaum, who has attended the yearly memorial service at the CIA with Gregg's family, where there is a star in the lobby reflecting Gregg's "last measure of devotion."
It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.
Abraham Lincoln, Gettysburg Address, November 19, 1863.
Brian Tannebaum alerted us to the Press release from Senator Gillibrand's office in which both houses of congress have passed a law renaming a post office in Gregg's home town in his honor. The Bill await's signature of the President.
“Called to serve his country following the horrific events of September 11th, Mr. Wenzel paid the ultimate sacrifice in order to protect the freedoms we all know and cherish,” said Senator Schumer. “He is an incredible local hero and a true American. Naming the Monroe Post Office after him would be a truly fitting tribute to his courage, and allow his legacy to live on in an enduring way. I am honored to be able to announce that the bill to rename the post office has now cleared Congress, and I am confident that it will receive a signature from the President upon arriving on his desk.”
“Officer Gregg David Wenzel will forever be remembered by the Monroe community as a true hero,” said Senator Gillibrand. “He bravely answered the call to duty on behalf of our nation and put his life on the line to protect our freedoms. Naming the Monroe Post Office after Officer Wenzel will honor his life and commemorate his legacy. I am pleased this legislation has passed Congress and look forward to the President signing it into law.”
“Gregg Wenzel represents an entire generation who bravely served their country by answering the call to service following the attacks of September 11th. Serving on the frontlines of our intelligence operation, he ultimately sacrificed his life in defense of our freedoms. Our country owes a debt of gratitude to Gregg and his family, and for generations to come his hometown will be reminded of his service and sacrifice. Although no one can ever fully repay his family for their tragic loss, I hope this bill will come as some small comfort and as a tribute to his memory,” said Rep. Sean Patrick Maloney.
Tuesday, December 09, 2014
RICHARD SHARPSTEIN MEMORIAL
We received this email:
Dear Friends,
As we approach the holiday season this year, a time filled with festivities, excitement and family, we will sadly be marking one full year without our dear friend, Richard A. Sharpstein. With the hope of honoring his memory and his wishes for the holiday season, I invite you to celebrate Richard’s life and work on Thursday, December 11th at 11:30 AM in Court Room 4-1 of the R.E.G. Justice Building, 1351 NW 12th Street, Miami, Florida 33125.
While Washington is dysfunctional, our understanding is that the costs of this was paid for by private donations from Assistant State Attorneys, the FACDL, and the League of Prosecutors.
Well done all. Well done indeed.
For those of us who were friends and colleagues of Sharpie, this is a hard video to watch:
Monday, December 08, 2014
JUDICIAL ROTATIONS 2015
Update: Pro se rolls the dice. HVO and all the other letters of the alphabet; going to trial solo- sans counsel, today- Judge Rodriguez-Chomat. Facing life in prison. And think of it this way- if he loses, who gets the rule 3? See you in court.
THE CAPTAIN REPORTS:
Round & Round it goes, where it stops, only The Captain knows.
JUDICIAL ROTATIONS FOR 2015* ....... NOW YOU KNOW TOO .......
Hot off the presses, Chief Judge Bertila Soto announces "the moves":
NEW JUDGES:
Rodolfo Ruiz Criminal CF-19 CR-4-5 (Rebull's Division)
Steve Millan Criminal CF-06 CR-3-3 (Ruiz-Cohen's Div.)
Al Milian Criminal CF-18 CR-7-2 (Sanchez Llorens' Div.)
Veronica Diaz Criminal CF-20 CR-2-7 (Fajardo's Division)
Jason Bloch Criminal CF-02 CR-2-8 (Gordo's Division)
Martin Zilber Juvenile
Mavel Ruiz Juvenile
ROTATIONS AFFECTING THE REGJB:
Colodny Criminal CR-4-7 to CR-4-2
de la O Criminal CR-4-5 to CR-4-3
Fajardo Criminal to Family
Glazer Family to Criminal Bond Hearing Unit
Gordo Criminal to Civil
Hendon Criminal to Civil
R. Hersch Juvy to Crim. CF-04 CR-4-7 (Hendon's Div.)
Pooler Criminal CR-3-1 to CR-2-4
Rebull Criminal to Civil
Rodriguez-Chomat Criminal CR-3-2 to CR-6-2
Ruiz-Cohen Criminal to Civil
Sanchez-Llorens Criminal to Civil
Thomas Criminal to Civil
Tinkler Mendez Crim. CF-60 to CF-16 (Vacant Div.)
Tunis Crim. CF-71 to CF-60 (Tinkler Mendez' Div.)
Ward Civil to Crim. CF-03 CR-4-8 (Lobree's Div.)
OTHER ROTATIONS:
Areces Family to Civil
Blake Civil to Family
Cynamon Civil to Family
Eig Civil to Family
Figarola Juvenile to Family
Marin Family to Civil
Miller Civil to Family
Schlesinger Family to Civil
Trawick Civil to Family
Zabel Civil to Family
*All Rotations will take place between January 2-29, 2015.
SO, YOU WANT TO BE A COUNTY COURT JUDGE .................
Last month Judge Gladys Perez informed Gov. Scott that she was resigning from the bench. The 11th Circuit JNC has now indicated that they are accepting applications for that open seat. The deadline to apply is December 29, 2014.
All persons interested in applying must deliver a complete application and 10 copies to:
Christine Hernandez-Baldwin, Chair
Eleventh Circuit Judicial Nominating Commission
c/o Miami Dade State Attorney’s Office
1350 NW 12th Avenue
Miami, FL 33136
You can find an application here.
CAPTAIN OUT .................
Captain4Justice@gmail.com
Sunday, December 07, 2014
SUNDAY NFL SUPRISE ATTACK DECISION
Before there was 9/11 (quick- what day of the week was it?) there was Sunday, December, 7, 1941, "a day which will live in infamy." For those judges and prosecutors and PDs born after 1975, that was not the day Starbucks didn't offer wi-fi and didn't take groupons (whatever those actually are) for scones. It was the day the United States was "suddenly and deliberately attacked by naval and air forces of the Empire of Japan."
History is important, and we should take a moment today and remember why we live in a country that has Wi-Fi and Starbucks and all the other modern things we can't live without- including the freedom to protest by walking into court in a few weeks "HANDS-UP."
Just a thought.
There isn't a game we would suggest wagering a shekel on today. But we will take a flyer on a few-just for fun. Don't put your Xmas money on these.
The Raiders are +8.5 at home against the 49'ers. The Raiders start Derek Carr, rookie QB, after winning their first game of the season ten days ago. The dysfunctional 49'er stagger into the Bay, their coach the subject of rumors of a post-season trade to Oakland- which the equivalent of a judge being moved from Miami Beach to Hialeah. Take da Raiders.
An angry Ravens team comes to Miami after suffering a last second loss against the Chargers at home. The Ravens and our Fins are locked in a tight seven team tie for a wildcard spot. The Dolphins have a December game with playoff implications! The Dolphins are favored by 3. The Fins will win 27-24. So it's a push. Take the Fins anyway, especially if you are going to the game. Have some fun.
Seahawks at Eagles. Another NFC West team goes on the road, its troubles not necessarily behind them. The problem for Eagles fans is their QB. Which Mark Sanchez will show up? No idea. So take the over 48.
J....E....T....S....JETS JETS JETS travel to the cold confines of Minnesota (doncha know) to play the Vikings. The Jets are in their own race of sorts, to be on the clock for the first pick in the 2015 NFL draft- during which they will NOT pick a certain QB from FSU. The Vikes are giving up 5.5. They could be giving 25.5 and will steal beat the sad sacks from Broadway.
Cheaters are in San Diego, and everything about this game soeaks for let-down game for the boys from Bahstan. Except that their evil genius coach doesn't allow for such things to occur. After every game he speaks in the same mono-tone voice, mumbling about how his team needs to get better in the three phases of the game- no matter the score, no matter the result. The cheater doesn't have any let downs, and neither will his team. Cheaters -3.5 at sunny San Diego.
SURVIVOR POOL- If possible- our two survivors should post their picks in the comments section. We are about to take off and won't have internet for a while. If both players post their pick in the comments, we won't post either comment until we receive both and then they can check the comments section. Good luck.
History is important, and we should take a moment today and remember why we live in a country that has Wi-Fi and Starbucks and all the other modern things we can't live without- including the freedom to protest by walking into court in a few weeks "HANDS-UP."
Just a thought.
There isn't a game we would suggest wagering a shekel on today. But we will take a flyer on a few-just for fun. Don't put your Xmas money on these.
The Raiders are +8.5 at home against the 49'ers. The Raiders start Derek Carr, rookie QB, after winning their first game of the season ten days ago. The dysfunctional 49'er stagger into the Bay, their coach the subject of rumors of a post-season trade to Oakland- which the equivalent of a judge being moved from Miami Beach to Hialeah. Take da Raiders.
An angry Ravens team comes to Miami after suffering a last second loss against the Chargers at home. The Ravens and our Fins are locked in a tight seven team tie for a wildcard spot. The Dolphins have a December game with playoff implications! The Dolphins are favored by 3. The Fins will win 27-24. So it's a push. Take the Fins anyway, especially if you are going to the game. Have some fun.
Seahawks at Eagles. Another NFC West team goes on the road, its troubles not necessarily behind them. The problem for Eagles fans is their QB. Which Mark Sanchez will show up? No idea. So take the over 48.
J....E....T....S....JETS JETS JETS travel to the cold confines of Minnesota (doncha know) to play the Vikings. The Jets are in their own race of sorts, to be on the clock for the first pick in the 2015 NFL draft- during which they will NOT pick a certain QB from FSU. The Vikes are giving up 5.5. They could be giving 25.5 and will steal beat the sad sacks from Broadway.
Cheaters are in San Diego, and everything about this game soeaks for let-down game for the boys from Bahstan. Except that their evil genius coach doesn't allow for such things to occur. After every game he speaks in the same mono-tone voice, mumbling about how his team needs to get better in the three phases of the game- no matter the score, no matter the result. The cheater doesn't have any let downs, and neither will his team. Cheaters -3.5 at sunny San Diego.
SURVIVOR POOL- If possible- our two survivors should post their picks in the comments section. We are about to take off and won't have internet for a while. If both players post their pick in the comments, we won't post either comment until we receive both and then they can check the comments section. Good luck.
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