ARE YOU READY?

For some football? 

The season starts tonight. If you want to pick the Steelers or the Cheating Deflators in the Survivor Pool make your selection tonight.  Send an email to fbpool12@gmail.com. Any email to any other address will not get you a pick. 

And if you Deflator Brady or Big Ben on your Fantasy team make sure he is in the starting lineup before kickoff in cheaterville. 

RULE BRITANNIA
Very quietly, HRH Queen Elizabeth II, of whom we are a loyal subject,  became Britain's longest serving monarch this past Wednesday at 5:30 PM, GMT, when she surpassed Queen Victoria, her great-great grandmother. 

Walter Bagehot, the English Journalist observed that the monarch has three rights: the right to be consulted, the right to encourage, the right to warn. Would be our own judges take heed of such limited rights.

DAVID OVALLE FAN CLUB

Not everyone is a fan of the fourth estate. 

NOTICE
We saw this email the other day:

From: _______ Date: September 9, 2015 at 2:43:16 PM EDT To: Harold Brown Subject: FACDL-Miami I have found out that there is a police officer which may have been an eyewitness on my case who the state does not know about.  I want to know what the witness will say but don't want to set a deposition because the state will show for this case.  The police officer will likely not speak to me without a subpeona.  Can I issue a subpoena but not notice the state since he is not listed as one of their witnesses?  Thoughts?   Thanks for your help Rumpole says:  Our initial thought was a simple "No".  But then we thought that perhaps there is some use of a subpoena absent a deposition that would allow the attorney to speak with the witness without notice to the prosecution. The prosecution is allowed to investigate their case without notice to the defense, why wouldn't the defense have the same right?  Just a thought.  A COUPLE OF PREDICTIONS Your 2015 Miami Dolphins, featuring one of the top five players in the NFL in Ndamukong Suh,  will be contenders for the division championship into December.  The J…E…T…S are on the clock with the first pick in the 2016 NFL draft, having gone 1-15 in this season, followed by the Cleveland Browns who went 2-14.  The Jets could also have the anti-perfect season and go 0-16.  We love the Eagles, and they could be Super Bowl bound from the NFC.  The AFC is wide open. Almost any team could get hot and make a run.  Peyton Manning? We see a career ending injury this year. Steelers/Deflators? Under 50.5 looks nice.

GERMANY TO THE RESCUE OR...WHILE THE US SLEPT.

"You can fight a war for a long time,
or you can make your nation strong. 
You cannot do both."
Sun Tzu, The Art Of War. 


Humanitarian -refugee crisis strikes Europe. Germany...??Germany!!! To the rescue. 

Tens of thousand of Syrians, fleeing their country, struggled across Europe as Hungary raced to build a wall (you think the Donald has an original idea in his vapid head?) and England,  which should know better, agreed, grudgingly, to take a few hundred, and France (no surprise here) turned up its collective nose, and the rest of the European Union began to cite the maze-like set of rules designed to turn refugees away. Officials in the Czech Republic even went so far as to begin marking numbers in ink on refugees' arms, immediately bringing up thoughts of the Holocaust to the entire civilized world (except the Czechs). 

There was humanitarian disaster in the making as the world, including the United States and the UN shrugged. a three year old boy washed up dead on the shores of beach, his siblings lost at sea. The world yawned. People drowned trying to reach freedom, and tens of thousands of people holding children struggled across the roads of Hungary. 

"What a shame" people thought. "Somebody should do something" people said over wine at dinner.

Enter Germany. The country which wrecked the European continent twice in the 20th century did a very American thing. It opened its collective arms and welcomed the refugees to its country. German citizens met the buses and train loads of refugees with homemade food, clothes, toys for children, and smiles, welcoming these people who have done nothing more than flee their war-torn country in hopes of a better life for their children (that should sound familiar to every single American with the exception of Native Americans). 

The Germans, known for their strict adherence to rules, waived the rules of the EU, and just responded to the crisis, thereby saving tens of thousands of lives, and dare we say- showing a little bit of  humanity and perhaps contrition for their acts in the last century. 

Germany to the rescue. While the US sat silently on the side. Who woulda thunk it? Something about this is downright shameful to the US. 

Well done Germany and Angela Merkel, Well done indeed. 

WELCOME JUDGE CHARLES JOHNSON TO THE CIRCUIT COURT BENCH

THE CAPTAIN REPORTS:

CONGRATULATIONS GO OUT TO OUR NEWEST CIRCUIT COURT JUDGE .....

CHARLES "CHARLIE" JOHNSON

Today, from a list of six finalists, Governor Scott announced the appointment of County Court Judge Charles Johnson to the Circuit Court.  "Charlie" started as an ASA here in Miami-Dade County and worked in that office from 1989-2010.  He was then appointed to the County Court bench where he has served for the past five years.  Judge Johnson replaces outgoing Circuit Court Judge Victoria Sigler.


The other finalists were: Judge Wendell Graham, Judge Lourdes Simon, Judge Jason Dimitris, Ayana Harris, and John Wylie

Congrats Charlie, WELL DONE.

With Labor Day Weekend comes the traditional end of summer.  Enjoy your long, hot, three day weekend.  You can find us at the pool sipping bloody mary's in the am and mojitos in the pm.  And we'll be listening to one of our favorite songs of all time, performed by Rod Stewart, as he wrote about a summer fling, (the first time he had sex so he says), that ended with his return to school in September.

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

"HUCKLEBERRY PRESIDENTIAL CANDIDATE" DOUBLES DOWN ON HIS ATTACK ON THE CONSTITUTION

AND ON AND ON AND ON . . :  Talk about a march to martyrdom.  Even from her jail cell, this woman can't stop.  She has asserted that the marriage licenses issued Friday to gay couples in Rowan County are void, because she didn't authorize them, according to her attorney.  Did anyone ever tell her, not to spit into the wind or tug Superman's cape.  Judge Bunning already threw her a curve ball to rival his father's.  Imagine the fast ball that is coming her way from the 6th Circuit.

AND THE BEAT GOES ON:  Check out this article re: Ted Cruz and the Davis controversy.  This is so spot on it could not be said better.  


UPDATE:  The jail house door has slammed behind Ms. Davis as she is found in contempt of court.  The bottom line: don't openly defy a federal judge, unless you are ready for 3 hots and a cot.

Ms. Davis is described as being in disbelief.  She thought it would be nothing more than a fine, that others were willing to pay for her.  The judge (the son of former Kentucky Senator and Detroit Tigers pitcher Jim Bunning) said, that would act as no deterrence to further defiance on her part.  So off to the lockup she goes until her office starts issuing marriage licenses to all who are qualified.

For those who may have been hiding under a rock (actually I have had that urge myself), Kim Davis, the County Clerk in Rowan County, Kentucky, is facing a judge today on a contempt charge for refusing to issue marriage licenses to gay couples.  In speaking about the ongoing nonsensical controversy regarding Ms. Davis, Republican candidate for the Presidency, the Right (wing) Reverend Mike Huckabee stated:  "Kim is asking the perfect question: 'Under what law am I authorized to issue homosexual couples a marriage license?'  That simple question is giving many in Congress a civics lesson that they never got in grade school," Huckabee said in a Wednesday statement, according to "Right Wing Watch."

Huckabee wrote that the Supreme Court cannot make law.  I repeat my question of many weeks ago, what is it about this guy (and others in the Republican field) that makes him claim to love America, but hate the things that make us America?  What is it about the Constitution that he did not learn in his Civics class?

I will answer your questions, Reverend Huckabee, you moron.  Ms. Davis is an elected official who swore to an oath that states:

"I, ....., do swear that I will well and truly discharge the duties of the office of .............. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees, opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God."

Those duties apply to all of the citizens of Kentucky, not just the ones who agree with her and her religious beliefs.

The sad part is that she could provide someone in her office to perform this duty as it relates to "gay marriages" without her personal involvement.  It is the office she supervises which issues the marriage licenses.  If she does not believe her office should perform this statutory duty, then resign, but no government office has the right to discriminate, and make no mistake about it the Supreme Court has stated that her actions are discriminatory.

Huckabee, you self-righteous medieval throwback, this country is founded on the rule of law, and the rule of law must prevail.  If you don't understand or believe that, then go back to the pulpit and get out of the body politic.  You are as dangerous to the American way of life as any demagogue we have ever had to tolerate.  (Except maybe Ted Cruz or Marco Rubio or Scott Walker or Bobby Jindal or Ben Carson or ...........)

AFTER ALL THESE YEARS

UPDATE WARREN SCHWARTZ: 
We've heard that long time REGJB fixture Warren Schwartz had some unexpected surgery today, but that he is doing fine and resting comfortably. We are sure all of our readers join in wishing him a speedy recovery. 

Longtime and careful readers of the blog remember that years ago, in simpler times, we used to summarize the opinions of the 3rd DCA, until it became too tedious to read "per curiam , affirmed."  (literally, "we laughed at your lame argument"). 

The majority of the other decisions were remanding summary denials of rule 3.850 motions for a hearing on the merits. Thus is came as a bitter surprise that after few adult beverage drinks this evening, we went to the 3rd DCA website, and the very first opinion we saw, held the following in Maxwell v. State: 

The State concedes, and we agree, that counsel’s failure to communicate the 10-year plea offer to Maxwell constituted error. “A defendant is entitled to an evidentiary hearing on a motion for post-conviction relief unless: (1) the motion,

files, and records in the case conclusively show that the defendant is entitled to no relief; or (2) the motion or particular claims are legally insufficient. Lee v. State,

789 So. 2d 1176, 1177 (Fla. 3d DCA 2001). “Where the record does not conclusively refute post-conviction claims of ineffective assistance of counsel, the defendant is entitled to an evidentiary hearing on those claims.” Id.

...

The trial court thus erroneously concluded that Maxwell failed to state a colorable claim for relief. We therefore reverse the denial of relief as to ground four for trial counsel’s failure to timely convey the State’s plea offer, and remand

the case for the trial court to either attach those portions of the record that conclusively refute Maxwell’s claim or to hold an evidentiary hearing. The denial of relief as to all other grounds raised is affirmed.

Query: If the "state conceded" the point on appeal that a failure to communicate a plea offer required an evidentiary hearing, where was the state when the trial court was summarily denying the petition? 

Enough is enough. We call on the 3rd DCA judges to do the following: 

1) Buy four dozen boxes of dunkin donut holes. 
2) Buy a corresponding number of coffees. 
3) Hold a three hour course on a Saturday at the Justice Building wherein each judge will be required to approach the blackboard and write the following twenty times: "I will grant an evidentiary hearing in all rule 3 petitions where the petitioner raises an issue of fact and law." 

How many hundreds of times do we need to read this type of opinion until the lesson sinks in. 

BTW - the current judicial practice of having the prosecution write the order summarily denying the rule 3.850 motion seems very suspect in our opinion.  Does Justice Scalia do that? How about judges on 11th Circuit, or even our judges in the southern district of Florida? No. None of them are too busy to do their own readin-and ritin.

REPORT FROM GROUND ZERO

DRAFT UPDATE (yawn) 9pm tonight? 
Let us know. 

Rain storm Erika. 
Ground Zero. 
Wet leaves scattered everywhere. The gardner will be upset. 
Neighbor has a tree branch down. Uhho. Channel seven news van comes screeching up to do live report.

There was water on the ground outside our Starbucks today. Miss those rubber galoshes we used to wear during the winters up north.
Traffic was heavier than normal as brave South Floridians braved the elements and ventured to their vehicles.

 It's going to take more than puddles and wet leaves to stop us from working. We are a strong people and we can take it. We  think of Churchill walking the streets of bombed out London, chomping on a cigar, growling "we can take it" and inspiring a small island nation standing alone against tyranny,  and then we see a South Miami parking enforcement officer this morning  write a mini-van full of kids a ticket as the mother ran into Dunkin Donuts and didn't pay the meter- and our heart swells with pride. 

We can take it. 

THE JURY IS OUT- In the first degree murder case, with Alex Michaels a/k/a "Hurricane Alex" for the defense. David "pollo" Ovalle gave Alex that nickname on a tweet today and later tweeted that Alex liked the nickname. There was an expert rapper called who testified about rap and street cred and some (obvious) legal posturing about the group NWA, because as we all know, the districts are divided about the admissibility of NWA at jury trials. 

But not here: 911 is a Joke. (Always loved that song, and yes we know it was by Public Enemy and Flavor Fav ). 

Ovalle is on verdict watch sitting on a hard bench.  We are home sipping a bloody mary watching TV in an easy chair. All is well. 

See you in court.  

DRAFT UPDATE

DRAFT UPDATE II- MOTION FOR CONTINUANCE GRANTED. Several players said the draft tonight interfered with their viewing of 60 minutes and prep for their disorderly conduct trials tomorrow. Those of you in the league received an email asking for a time this coming week you cannot draft. We already know the judges are available from 9 am-3pm. 

Just for computer purposes the draft was reset until tomorrow night at 8pm. 

DRAFT UPDATE- WE ARE 14 TEAMS FULL!! THE DRAFT IS ON TONIGHT AT 7PM. 

Good afternoon FF players. We are awaiting confirmation from two players- Miami Boys and No Probable Cause. One of them is Richard Baron we believe so if you know him, give him a poke to email us. 

DOM dropped out, so we sent two invites to two players for his spot. Whomever answers gets the spot. If he wants back in, and he might, then we can open two more spots. 

Bottom line, between trying a case. writing a brief for the 11th, we have been a bit behind in this league so check back around 6pm to see if the draft is on for 7.

TROPICAL DEPRESSION ERIKA…..WE WILL REBUILD. 

BREAKING: IT'S GOING TO RAIN

It's going to start raining in South Florida this weekend. 

Here's what you need to know:

Rumpole's List:

Beer, Wine, Sangria, Rum (from Cuba), a candle, a can of tuna, a box of crackers, a case of tonic, a non-electric cork remover, a can of sardines, vodka, limes, two snicker bars. An apple.  Matches for the candle. Two dozen books. 

That should get you through the storm no problemo (literally "safe and sound" in Croatian). 

Here are a list of events that will be canceled if it starts raining. 

The world famous, earth shaking, viagra taking, point scoring, REGJB fantasy football league draft, previously set for tonight at eight. The draft has been re-set to Sunday night at 7pm. Lets get the draft done before the widespread power outages. For more about the draft, see below. 

West Palm Beach Court. 
The snooty ones were first out of the box today, sending out an email about the impending rain, and how rain ruins seersucker suits, with some pablum thrown in about juror safety. Juror safety? What about defense attorney safety? In any event, WPB said they might, just might, cancel court Monday and repair to that street nearby the courthouse full of bars, and sip a gin and tonic and watch the world float away. 

Federal Court. 
The Southern District followed suit, with detailed instructions about how court will be canceled. Basically, if the storm is a level 2, and there are wind enhancements, (3B1.2)  you multiply that number by the number of hours before storm impact time channel seven cancels all programing and goes into emergency mode. You take off two points for every MPH the wind is estimated to be below 80MPH,  and then you consult a chart-matrix called, ironically enough "the storm cancelation guidelines" , and if you are in zone D, then court will automatically be canceled and South Florida is doomed. If you are in zone C, then court might be canceled and you are directed to find a working computer and check the court's website- www- calculate-your-storms-federal-gudielines-.RBG.com. 
If you are in zone B, then you must go to court in Broward, but not Dade, and if you are in zone A, then you must go to the big, glass enclosed building -the safety of all those windows having been certified by the same team that installed the original mirrors in the Hubble telescope. 
Update: The storm cancelation guidelines were just ruled persuasive and chimerical and  not mandatory. 

Miami-Dade. 
The Miami Dade Courts have a technologically advanced website that you can access only with your 286 chip call in modem. Once on the website the court will provide infrequent updates about Hurricane Andrew. 


Some Storm Observations. 
Channel seven will have you believe the world is ending. This is because WSVN has a partnership with Xanax and several liquor companies. If you do not have 11-teen hundred gallons of water and approximately 60,000 square feet of plywood, then you are doomed. Just take some xany-bars and have a drink. 

People cannot drive in the rain. 
You've seen this. People on I95 suddenly put on their flashers and start driving 15 mph in the left lane when a raindrop hits their windshield. 
Why is this, you may ask? 
The answer is common-sense-simple.
The rain interferes with most people's ability to text and answer emails while driving.

THE DRAFT. 
The main reason for the delay in the draft is we don't have a firm handle on who is playing.  DOM for instance has gone quiet. Nobody has heard from him. He may be doing something frivolous like trying a case or writing another brief on rule 29 and getting another conviction reversed and remanded with directions to discharge the case against his client. If you see him, or even better his lovely partner and wife, let her know he is goofing off in the goofing off department and get his butt in gear. 

We are asking all other players to send us an email with their name and the name of their team. It may shock some of you to know that we aren't entirely sure who runs the team named "Heisenberg" or "fin-tastic" or "brady deflated" (those are actually some good names, other than fin-tastic). 

Once we get a handle on who is actually playing, let the draft begin!

No surprise that certain media-scribes who hold themselves out as FF experts have once again avoided putting their money where their mouth is and signing up for our league.  The next time you see him taking a picture of Alex Michaels and his client, just quietly start clucking like a chicken. 

Stay safe and dry. 

OF TEDDY BEARS AND MEN

Before we get to our topic, a few words about the accessibility of courtrooms. 

Every few years with a new crop of judges and bailiffs, we are forced to repeat this. 

The State of Florida FORBIDS closing courtrooms to the public except under certain limited circumstances which involve, among other things, notice to the media. 

Because judges are involved, we will take extra care to explain these simple legal principles. 

A judge/bailiff CANNOT legally bar anyone from a courtroom. All those "no babies" or "no children" signs on your courtroom doors are PATENTLY ILLEGAL. 

Nor can a judge or bailiff bar anyone- any family member, any member of the public from sitting in a courtroom, no matter how busy that courtroom is. Sorry, but you bailiffs who are itching for some power, you have none, when it comes to who may go into a courtroom at any time.

This is not Cuba, or North Korea or Iran or Texas. This is Florida and the United States of America. Courtrooms are open to the public. Period. Deal with it. 

Here's a practice hint: The most enlightened of judges will send their bailiffs to get the name of a person in their courtroom with a young child or baby so they can call that case out of turn. 

Helping the public instead of throwing your weight around. Now there is a novel idea! 

OF TEDDY BEARS AND MEN. 

WARNING: The following may be unbearable:

2. David Ovalle ‏@DavidOvalle305  Aug 25

   It's become a yelling match. Judge allowing photo in, with teddy bears (vic is at amusement park) cut out of the top of the photo. Nyo!
3. David Ovalle ‏@DavidOvalle305  Aug 25

   Alex Michaels, in a rage about state wanting to show jury pic of murder victim. "The picture shows him surrounded by teddy bears! Really?"

   
   

   

   
   

   
   

   
   

   

   Of Bears and Men 

   
   

   0 retweets1 favorite
   

   
   

BLACK MONDAY 2015

"Bears make money, Bulls make money, pigs get kicked in the head."
Rumpole, in a speech on October 12, 1987, exactly one week before Black Monday, October 19, 1987, when the stock market lost 22.6% of its value, the largest one day financial  loss in US history. 

Our email in box is flooded with panicky investors seeking our advice. 

It's complicated. 

This correction (it's far from a crash) was bound to happen. 
The market was overvalued under any rational view of stocks. And it was thin, meaning when it rose, it only a few favorite stocks brought up the averages. 

What to do? 

First. Don't panic. 
Second, if you can, be a contrarian. 

If you have stocks, and don't need the money for the next few months, hang on to them. Don't sell into the panic. 

Second, if you had money a few weeks ago and were looking for a stock who had a PE under 15, good luck. 
Now there are many very good stocks at a reasonable value. 

Third. Today was not the end of the panic selling or bad down days. There will be more to come, unless the Fed makes an announcement postponing any rate hike in September. 

There will be more days of whip-saw stock moves, short covering, and panic selling. 
But there are good companies and good values out there. 

There is no systemic risk to the economy, like there was in 2008 when banks were failing, credit dried up, and the economy teetered on an abyss. There is nothing like that out there that we can see. 

But there is danger on the horizon. 

China is worse than we know, because we cannot trust China's numbers on its economy. (For those of you who received my email on YANG-which shorts the Chinese markets, when it was 70 -it closed at 141 today- you're welcome. Take your profits and get out. It's a weird fund, and you never fight the Fed, even the Chinese Fed.) 

Small, regional oil companies will fail as Saudi Arabia refuses to stop pumping oil at record levels, driving prices even further. 

As markets roil, overseas investors seek refuge in the dollar. A strong dollar hurts US companies that do business overseas.

So there is a lot to worry about. 

But companies like Cisco, Clorox, Apple (under 100) Disney, General Mills, Pepsico, Bank of America (a cash machine),CVS, Home Depot,  and others are good companies that will retain their value and will bounce back. 

There are two things you can be certain of: 
first, the market will come back. 
Second, nobody, and we mean nobody can call the bottom of a market, or the top. We often say we can't buy at the bottom or sell at the top but we'll take the middle 80% every time. 

Don't panic. It will be ok. 

HR. 

ARE YOU READY FOR SOME FOOTBALL?

It's that time of the year again. 

The sky takes on a deep cloudless blue. 

It's getting darker just a little bit earlier. 

Children wake up earlier and bundle up for school. 

All of the reasons you have to continue your cases because of summer vacations have ebbed away, like the slack tide at the summer shore. 

Football season is here. 

If you were in the award winning Fantasy Football league last year, you should have received an email.

If you are a new prosecutor or PD and want in on the action with the big boys (no goils have as yet joined our league, but all are welcome) send us an email and we will consider letting you in. 

If you are a certain herald reporter, then once again you will tuck your San Diego tail between your legs and not publicly embarrass yourself. 

So get ready for some football. 

SURVIVOR LEAGUE. 

You know it, you love it, you can't live without it. 
Our survivor league. 
The rules are deceptively simple. Pick one team, only one team, every week, to win, no spread involved. Once you use that team you cannot pick that team again. 
Ahhh, it seems so simple. And yet, the league is legion for crushing the hopes, dreams, and aspirations of football fanatics, retired judges residing in California, south beach gourmands, angry Romanian lawyers, and general know-it-alls. 

Do you dare take the challenge? 

It's simple to play. Just send an email to fbpool12@gmail.

Then, BEFORE the kickoff (which starts as always on a Thursday this year) send an email with a pick. If you want to pick the deflators  over the Steelers, send a pick before the Thursday kickoff. If you want to pick a Sunday game, send an email before the game starts. 

Here is the complicated part. Some participants, usually those who wear a black robe for work, get confused and send their pick to the email associated with this blog and NOT to fbpool12@gmail.com. That is NOT an official pick. 

We get hundreds of important emails at day at the blog email. There are Nigerian entrepreneurs willing to fund important business projects, Nigerian widows who need help settling their large estates, lonely Nigerian women looking for love and assistance, and we need to keep the Survivor Pool emails completely separate from our important work. 

Which is why, at great personal expense we have opened a  SEPARATE email account for the survivor pool only. It is at fbpool12@gmail.com. This is the one and only acceptable email to send your pick too. 

Obama@whitehouse,gov will not work. Neither will Hillary@classifiedstateemails.com, or Trump@dofus.com or Ovalle305@chicken.com. 

Not to belabor the point (actually to belabor the point) the only way to successfully enter the survivor pool is to send an email to fbpool12@gmail.com. 

To start this year please include the following subject in your first email "RE: mothers against Broward Judges who drink and drive". 
This will get you registered and enrolled. 

Have fun. The  battle for second place is about to begin. 

See You In Court. 
We are back. 

YOU BLINK! NO, YOU BLINK! OK, WE BOTH LOSE.

In a prior post, I noted that you should keep your eye on the state legislative special session regarding Congressional re-districting.

Today The Sun Sentinel has reported that Florida Legislature has failed again (for the third time) to come up with a congressional redistricting plan.  This time the cause was the State Senate's refusal to adopt the gerry-mandering of the House, and insisting that the House adopt their plan.

No consensus could be met in conference, and the House, after rejecting both the Senate's plan, and refusing to extend the session, adjourned at noon.  With no agreed upon extension of the session the Senate followed suit.  It is unlikely another special session can, or will, be called before the August 25th deadline set by the court.  Thus it will fall upon the Federal court to make the decisions and impose a re-districting plan.  That is not good news for the GOP.

This is more evidence of the sizeable rift in the GOP in Florida, which is truly a microcosm of Republicans nationwide.  Our legislature is no more capable of governing than Congress is.  The problem is that it leaves Governor Scott almost unchecked and "in charge."  Well, I guess we should "get back to work".  That is all of us, except the legislature.

TRUMP - YOU ARE DISQUALIFIED AND FIRED

What is it about Republicans and the Constitution that makes them like oil and water.  We have already had four candidates who have disqualified themselves for not understanding either the Judiciary clause or the 1st Amendment.  Now The Donald has announced that the 14th Amendment can not withstand a court challenge.  A constitutional amendment is unconstitutional and it "won't hold up in court."

In particular Trump has said that those children born of undocumented aliens in the United States are not citizens.  Let's look at this logically, which, of course, Trump does not.

First of all the amendment is simple: ". . . all persons born or naturalized in the United States are citizens of the United States. . ."  What part of this sentence is not clear and unequivocal?

Second, if Trump is right, then a vast majority of our "citizenry", in one form or another, may not be citizens, and must voluntarily deport themselves to the their ancestors' country of origin, including Trump.  Almost no one would be eligible to be President or Vice-President.

I will not repeat the President's oath of office.  I will just say: Trump you are DISQUALIFIED AND FIRED.  You are an idiot, an imbecile and a moron.  If anyone should leave our country it is you, and let US take it back from bigots and xenophobes like you.

WORKING NINE TO FIVE ...............

THE CAPTAIN REPORTS:

A Reminder that the tribute to Judge Tam Wilson is tonight:

A TRIBUTE TO JUDGE THOMAS "TAM" WILSON ..........................

There is a Tribute to Judge Wilson scheduled for Wednesday, Aug. 19, 5:30 to 7:30 p.m., at the History Miami Museum, 101 West Flagler Street, Miami, 33130. Parking is available across the street in the Cultural Center Parking Garage, at 50 NW 2nd Avenue.  The Museum will validate your parking ticket, for a discounted rate.  Hope to see you there.  Call with any questions.  Bruce Alter, 786-497-7078.

AS THE SONG GOES, "WORKING NINE TO FIVE ......."

Well, not anymore, if you are working for the Clerk of Court, in Broweird County.

According to a story that appeared in the DBR last week, don't expect to get any service from any of the employees at Howard Forman's office after 3:30 PM.   Clerk's offices are terminating employees, placing a hiring freeze on current staff, and going to the shorter hours, all to compensate for the decrease in funding from the Florida Legislature and their 2015-16 budget.  Those moves, along with requiring all employees in Broward taking one unpaid furlough day every month through October, are some of the ways Clerk's offices throughout the State are using in an attempt to balance the budget.

According to Forman's office, Broward needed to slash $2 million from its $40 million budget by Oct. 1.   To do so, they cut daily operating hours beginning on July 20 to close their offices to the public at 3:30 p.m. instead of 4 p.m. in a move likely to affect court filings across all divisions in the long run.

The Florida Bar News covers the story in their August 1, 2015 edition under the headline: "Clerks struggle with $22-million shortfall".  In the article, it starts off with quotes from officials in Palm Beach and Leon County. 

“We are well aware that these drastic measures will cause disruption to our court operations, including substantial delays in docketing times and issuance of defaults and summonses.” ­— Palm Beach County Clerk Sharon Bock, in a memo to Chief Judge Jeffrey Colbath.
“We have no options but to change the way we do business and deliver services. . . .We would anticipate that there will be delays in the delivery of services, reductions in the hours we are open, and, to some extent, the quality of work we do.” — Leon County Clerk Bob Inzer, in a memo to Chief Judge Jonathan Sjostrom and other court managers. 

No word from our Clerk of Courts, Harvey Ruvin on what affect the budget cuts will have on our court system locally.

ALSO NORTH OF THE BORDER, JUDGE ROSENTHAL WORKS OUT A PLEA DEAL WITH THE JQC .....

What is the penalty for getting popped for a DUI, later pled to a Reckless Driving, and then appearing before the JQC and providing them with misleading and incomplete statements during her testimony on an ethics investigation based on the DUI case?

If the Florida Supreme Court accepts Judge Lynn Rosenthal's plea deal worked out with the JQC, (and there is no guarantee they will, having rejected two other recent plea deals on other state court judges), the penalties would include: a 90 day unpaid suspension, a public reprimand, 12 hours of continuing legal education in ethics, family counseling, and repayment of fees and costs related to the JQC investigation.

ELECTION CENTRAL .......

Here in Miami-Dade County, Judge Gill Freeman has announced that she will not be seeking re-election in 2016.  Judge Freeman, who worked for the firm Ruden, McCloskey from 1981-1997, was appointed by Governor Lawton Chiles to the Circuit Court bench in 1997.  She ran unopposed in Group 34 in 1998, 2004, and 2010, serving on the Circuit Court bench for the past 18 years.

As a result, Group 34 has seen two attorneys file for that open seat.

Attorney T. Renee Gordon,  the T stands for Thejuana, has been a member of The Florida bar since 1995.  She is currently working in the Juvenile Division of the PD's office.

Attorney Denise Martinez-Scanziani, has been a member of The Florida Bar since 2000.  She runs her law practice in South Miami with her husband Paul.  They handle a wide variety of cases ranging from family law, to foreclosure defense, immigration, etc.

Many of my loyal readers may remember the name Scanziani.  I blasted candidate Scanziani in a February 2008 post that you can read here concerning what I perceived as the candidate appealing to the lowest common denominator in our community - her ethnicity.  I accused Scanziani of changing her name within five days of filing in two different seats, filing first as Scanziani and then as Martinez-Scanziani.

To Scanziani's credit, she responded to my post.  In her unedited response that can be found here, Martinez-Scanziani explained the reasoning behind her name-changing decision.  As a footnote to that 2008 filing against Judge Hendon, Martinez-Scanziani eventually withdrew from the race and Judge Hendon went on to win, unopposed.

YOUR NEXT CIRCUIT COURT JUDGE IS .....

TBD (to be determined) by Governor Scott, sometime in the next couple of weeks.  Gov. Scott has six names on his desk:  Judge Wendell Graham, Judge Lourdes Simon, Judge Jason Dimitris, Judge Charles Johnson, and attorneys Ayana Harris and John Wylie.

Enjoy the next seven days of our not so bad traffic, because, beginning next Monday, August 24th, school is back in session, and with that comes the oh so fun one hour plus commutes to and from the courthouse.

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

LICENSE SUSPENDED ??? - YOU ARE NOT ALONE

THE CAPTAIN REPORTS:

MY DRIVER'S LICENSE IS SUSPENDED YOU SAY ..... TIME FOR A CHANGE, WE SAY .....

There are approximately 1,800,000 drivers that are licensed to operate a motor vehicle in Miami-Dade County.  Of that number, 550,000 have a SUSPENDED LICENSE.  You did not read that incorrectly.  Nearly 3 out of every 10 drivers on the road are breaking the law everyday in our "Magic City".

The Miami Herald wrote a story and you can read all about it here.

What can we do about this problem?  Change the law. What is causing all of these suspensions?  Is it because of unsafe driving?  NO.  Amazingly, 77% of all those persons that have a suspended license, have it because they failed to pay a ticket or a fine on time.  Traffic tickets, court costs, and child support payments are the main culprit of this disease.  The remaining 23% of the suspended drivers' licenses' are because of actual bad driving issues.

Judge Leifman said it well: “We’re putting an additional tax burden on a group of individuals that can’t afford it,” Leifman said. It’s “criminalizing their behavior when all they did was commit a civil infraction and didn’t have the money to pay it.”

The cycle begins when someone gets a traffic citation and then does not pay that ticket within the thirty days as required by law.  They get pulled over at some later point, (usually for something as minor as a burnt out tail light) and the result is that they can be arrested for Driving With a Suspended License (DWLS).  Now the arresting officer is going to spend the next several hours of their shift booking someone who essentially is being jailed because they couldn't afford the original citation.  So, now the person has a new court date for that DWLS, (there license is still suspended), and now the Judge piles on by adding fines and court costs to the no contest plea of the defendant for their DWLS.  And the cycle continues. 

What to do?

According to the Herald story, other states have moved away from suspending licenses for not paying traffic tickets.  Why not Florida, why not in Miami - because it's all about the Benjamins, of course.  In 2014, four collection agencies contracted by the Clerk have the job of attempting to collect the outstanding fees and costs due to the Clerk.  These four companies get a 40% vig on top of what was originally owed.  Last year the four collection agencies collected a whopping $19 million dollars for the Clerk's office, providing these four companies with $7.5 million in fees.

Because of the large amount of money coming in like it does, the State Legislature funds the Clerk's office with less money.  So there is no way that the Clerks' offices want to change the system and forego having a license suspended when someone fails to simply pay a traffic citation.  It is a vicious cycle.

It seems like FACDL's statewide lobbying group should get together with an elected legislator, say maybe State House Rep Katie Edwards, and get a bill through the legislature that can effect positive change.  It is simply insane to keep doing the same thing over and over and not try something new and different when there are more than a half-million drivers in Miami-Dade County alone who have a suspended license.

RED LIGHT CAMERA UPDATE ......

Judge Leifman informs us that he hopes to have an ORDER prepared by the end of the month - I assume he meant August - of 2015.
.......
JUDGE LEIFMAN WINS ANOTHER AWARD .....

And, speaking of Judge Leifman, according to crack reporter Julie Kay at the DBR, Leifman is moving on up in the world.  You can read the entire story here.  Congrats to Judge Leifman - well deserved.

"Steven Leifman, associate administrative judge of the Miami-Dade County Court criminal division, has been named the National Center for State Courts' recipient of the William H. Rehnquist Award for Judicial Excellence.  U.S. Supreme Court Chief Justice John Roberts Jr. will present the award to Leifman during a ceremony at the U.S. Supreme Court in Washington on Nov. 19."

"Leifman is being recognized for his groundbreaking work helping mentally ill people in the criminal justice system."


Congrats to Judge Leifman - well deserved.


 It's just way too hot outside - time for a dip in the:

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

TRIBUTE TO JUDGE "TAM" WILSON

THE CAPTAIN REPORTS:

A TRIBUTE TO JUDGE THOMAS "TAM" WILSON ..........................

There is a Tribute to Judge Wilson scheduled for Wednesday, Aug. 19, 5:30 to 7:30 p.m., at the History Miami Museum, 101 West Flagler Street, Miami, 33130. Parking is available across the street in the Cultural Center Parking Garage, at 50 NW 2nd Avenue.  The Museum will validate your parking ticket, for a discounted rate.  Hope to see you there.  Call with any questions.  Bruce Alter, 786-497-7078.

Thank you to Bruce for that information.  And thank you to all of our readers for posting Comments last week in response to our Post on Saturday, August 1, 2015.

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

AT THE TONE THE STANDARD TIME WILL BE….

North Korea announced a new time zone.  "at the tone the standard  time will be whatever the great dear leader says it is."

We've had our own  time zone in Miami for years. 9:00 am calendars start at the REGJB for certain judges at 9:30 or 10 or whenever they finish their cafe con leche. 

Speaking of the REGJB, did you notice how wonderful and quiet this week it was with all the judges at a very very important circuit court inference where important things were discussed over cocktails.

RECANTATION …THEN RE-INDICTMENT

Andrew Taylor spent 25 years in prison for capital sexual battery of an eight year old girl. The woman, now in her thirties recanted and Taylor was released. Then a grand jury indicted Taylor and he was taken into custody. 
Ace Herald scribe David Ovalle and the Herald have the legal tug-of-war battle story here.  Roy (the wrath of) Kahn for the defense. 


GRANDE
(the following post contains graphic descriptions of sexual images. The post may not be suitable for children under age 18, and most republican candidates for the nomination of their party for president.) 

Section 230 of the Communications Decency Act holds that bloggers aren't liable for the comments of their readers. 

This post on ATL has a letter which incorporates that portion of the act, as  well as a well reasoned defense of comments implying that a particular individual has a large ….sexual organ. 

Enjoy your weekend. 

CIRQUES DE CLEVELAND, COMING TO TOWN

Fire up the calliope   The ten ring circus has come to town.  Tonight is the first of three clown performances by the Anti-Blue Man Group.  Some are referring it to as the "Trump Show".

My suggestion for any thinking person is to take off and store your shoes, put away all ashtrays and other heavy objects out of reach, wear only socks and make a barrel full of popcorn.   When you have the urge to throw something at your TV, you use the socks and popcorn and not something that will damage the flat screen.  Warn your neighbors, if they hear screaming and yelling, not to call the cops.  It is only you being unable to control your reaction to what you are seeing and hearing.

Take tonight for what it is, a public relations stunt by the Republicans.  Whether or not you agree with their politics, many serious candidates have been excluded, so how can this really be a debate of substance.  Fox News has decided who the ten finalists for the Republican candidacy to the most powerful office in the world should be.  Fox News is an oxymoron if there ever was one.  Rupert Murdock is deciding who will have a 50-50 shot at being POTUS.  (In another post soon I will discuss how as owner of the New York Times he is doing the same to the Democrats)  He has changed the rules more than once, and the RNC has done nothing to stop him.  Does all of this bother you?  If doesn't, it should.

.....AND THEN THERE WERE FOUR DISQUALIFIED CANDIDATES

Ben Carson has joined the ranks of the disqualified.  This retired neurosurgeon (He actually was a great surgeon, having been the first to (successfully) separate twins conjoined at the head.), turned politician and right wing tea-bagger, can not answer a simple question on Meet the Press yesterday as to whether the bible has authority over the Constitution.  His answer boggles the mind of anyone who actually has a basic understanding of the Constitution.

The President's oath of office (as specified in the Constitution) requires that the President "preserve, protect and defend the Constitution of the United States. . . "  That includes the First Amendment.  So you don't feel left out, Dr. Carson, I call you out as an imbecile, idiot and moron.

THE PROBATION TRAP

We walked the empty hallways of the REGJB Monday, our Allen Edmonds (rubber soles) echoing off of near empty floors. Our tailor made Sam's Suit (from Hong Kong-tell Manu we sent you) flapping in the empty breeze. Our Judges are at a very important and significant conference. At great personal expense we have obtained the schedule:

Sunday 5pm: Registration and cocktail hour on the veranda. Shrimp Cocktails and Mojitos!
Monday 6am-9am: Breakfast buffet and mimosas. 
Monday 9:15 Opening Address: "Enhancing sentences after trial: the word will get out. And you will get on the golf course earlier."
Monday: 9:30-11:30. "Avoiding judicial vindictive appeals. The EZ way to enhance a sentence after trial. "
Monday: 12:00-3:00. Lunch on the veranda. Rum Runners!!
Monday 3:15-5:00. "Top o' the day- Top o' the guidelines. "
Monday 5:01-6:00. Happy Hour!
Monday: dinner. On your own. 
Tuesday: Breakfast Buffet and mimosas. 
Tuesday: 9:15-11:00. "Willams Rule. Opening the floodgates. "
Tuesday 11:10-2:00 Lunch. Roast Beef carving station and wine tasting. 
Tuesday 2:00-4:00. "Panel Discussion: Broward Judges and DUI. Put down that beer and pick up you gavel."
Tuesday 4:00-5:00 power nap. OR…Downloading games on your computer on your bench. 
Tuesday: 6:00-8:00 pm. Dinner. Lobster fest!
Wednesday. Breakfast Buffet and mimosas. 
Wednesday 9:15 Keynote address: Striking the motion to suppress. "There's more than one way to say denied."
Wednesday 11:00 Special Guest Speaker: "Working 10-3 with two hours for lunch? You need a raise!"
Wednesday 12:15-2:00 Lunch. Taco Bar and cerveza. 
Wednesday: 2:15-5:00 Ethics:  A) Don't reach for that check!; 
B) Bond hearings when attorneys support your opponent; 
C) Broward Judges/Miami Lawyers- the Ying and Yang of law. 

It's going to be a great conference. Expect your judges to return refreshed and ready to punish    preside over defendants who request jury trials. 



The NY Times here has an article on the unseen dangers of probation. 

We all know them. The excessive fees and costs. The surrender of almost all fourth amendment  rights. 
The intransigent probation officers and the endless miles of bureaucratic red tape. 

For the most part actually, to give credit where credit is due, most probation officers and Supervised Release officers we have encountered are fairly reasonable and have given our clients more breaks than required before filing the violation affidavit and heading to court. 

Despite the problems and steep financial penalties heaped upon those who can usually afford it least, if we are going to ride the trend on sentencing reform, probation is going to become more prevalent not less. 

Boy is it hot out. 

JUDGE THOMAS "TAM" WILSON HAS PASSED AWAY

THE CAPTAIN REPORTS:

JUDGE THOMAS "TAM" WILSON HAS PASSED AWAY .........

Thomas "Tam" S. Wilson, Jr. was born in Oregon in 1945. He studied at a small private college in Pennsylvania, and did a stint in the Navy, before attending UM law school graduating in 1971. He came from a long line of judges, including his father, a federal judge who decided labor cases. Another relative was the first federal judge in the Oregon Territory. And ancestor William Strong was an Associate Justice of the Supreme Court from 1870-1880, nominated by President Grant.

After "Tam" graduated from law school, he worked as an Assistant Public Defender for Phil Hubbart in the 1970s. He then became a prosecutor in the 1980s working for Janet Reno.

Judge Wilson's ambition to sit on the bench was finally realized in the summer of 1990 when Republican Gov. Bob Martinez appointed Wilson, a Democrat, as a Miami-Dade Circuit Court Judge. In the 1990 election, his first, he ran against attorney Samuel Forman, beating Forman while garnering 52% of the vote. He was re-elected in 1996, 2002, and 2008, all unopposed. With his newest term beginning in January of 2009, he mysteriously resigned from the bench on October 15, 2009. County Court Judge Antonio Arzola was nominated by Governor Crist to replace him.

To give you an idea of how well respected Judge Wilson was on the bench, in his final DCBA Judicial Poll, out of 123 judges, he ranked in the top five in "exceptionally qualified" votes alongside Judges Kevin Emas, Joe Farina, Bob Scola, and Reemberto Diaz.

South Florida Lawyer did a goodbye story in 2009 and said of Judge Wilson, "I had many occasions to be in front of Judge Wilson, and have known him outside the courtroom for many years as well. While he didn’t always rule my way, he was and is smart, kind, highly professional, and by far one of the best judges on the circuit court civil bench. He will be missed."

Indeed, he will be missed.

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