JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Thursday, February 02, 2017

HAPPY BIRTHDAY AYN RAND




She's the author of two of the best-selling books of all time. But more than that, she is one of the foremost modern proponents of the belief that ideas and philosophy matter. You don't have to approve of her philosophy to approve of her writings on behalf of Philosophy qua non. The proof that ideas matter and a philosophy is needed for an individual to lead a productive life.

Rand was at her core, an individualist who advanced the belief that a person's mind was the singular attribute a person needed to survive and thrive.

Rand has gone from being scorned as someone who hated the poor (not true-she merely felt no person had a right to the fruits of another's honest labor)  to be admired and the intellectual "fountainhead" of the neo-conservative (and non-religious) movement.

Like her or not- her contribution to philosophy, economics, law, art, and politics must be recognized.

Here are two two excerpts- a clip from a Phil Donahue- who was fascinated with this small woman with a thick Russian accent who denied the existence of a supreme being.

The second is the famous "Money is the root of all evil" speech from Atlas Shrugged. We defy anyone to identify a more concise and correct  essay on economics than this speech. 



MONEY IS THE ROOT OF ALL EVIL
(The Francisco d'Aconia speech, Atlas Shrugged, Ayn Rand). 

“So you think that money is the root of all evil?” said Francisco d’Aconia. “Have you ever asked what is the root of money? Money is a tool of exchange, which can’t exist unless there are goods produced and men able to produce them. Money is the material shape of the principle that men who wish to deal with one another must deal by trade and give value for value. Money is not the tool of the moochers, who claim your product by tears, or of the looters, who take it from you by force. Money is made possible only by the men who produce. Is this what you consider evil?
“When you accept money in payment for your effort, you do so only on the conviction that you will exchange it for the product of the effort of others. It is not the moochers or the looters who give value to money. Not an ocean of tears nor all the guns in the world can transform those pieces of paper in your wallet into the bread you will need to survive tomorrow. Those pieces of paper, which should have been gold, are a token of honor – your claim upon the energy of the men who produce. Your wallet is your statement of hope that somewhere in the world around you there are men who will not default on that moral principle which is the root of money. Is this what you consider evil?
“Have you ever looked for the root of production? Take a look at an electric generator and dare tell yourself that it was created by the muscular effort of unthinking brutes. Try to grow a seed of wheat without the knowledge left to you by men who had to discover it for the first time. Try to obtain your food by means of nothing but physical motions – and you’ll learn that man’s mind is the root of all the goods produced and of all the wealth that has ever existed on earth.
“But you say that money is made by the strong at the expense of the weak? What strength do you mean? It is not the strength of guns or muscles. Wealth is the product of man’s capacity to think. Then is money made by the man who invents a motor at the expense of those who did not invent it? Is money made by the intelligent at the expense of the fools? By the able at the expense of the incompetent? By the ambitious at the expense of the lazy? Money is made – before it can be looted or mooched – made by the effort of every honest man, each to the extent of his ability. An honest man is one who knows that he can’t consume more than he has produced.
“To trade by means of money is the code of the men of good will. Money rests on the axiom that every man is the owner of his mind and his effort. Money allows no power to prescribe the value of your effort except by the voluntary choice of the man who is willing to trade you his effort in return. Money permits you to obtain for your goods and your labor that which they are worth to the men who buy them, but no more. Money permits no deals except those to mutual benefit by the unforced judgment of the traders. Money demands of you the recognition that men must work for their own benefit, not for their own injury, for their gain, not their loss – the recognition that they are not beasts of burden, born to carry the weight of your misery – that you must offer them values, not wounds – that the common bond among men is not the exchange of suffering, but the exchange of goods. Money demands that you sell, not your weakness to men’s stupidity, but your talent to their reason; it demands that you buy, not the shoddiest they offer, but the best your money can find. And when men live by trade – with reason, not force, as their final arbiter – it is the best product that wins, the best performance, then man of best judgment and highest ability – and the degree of a man’s productiveness is the degree of his reward. This is the code of existence whose tool and symbol is money. Is this what you consider evil?
“But money is only a tool. It will take you wherever you wish, but it will not replace you as the driver. It will give you the means for the satisfaction of your desires, but it will not provide you with desires. Money is the scourge of the men who attempt to reverse the law of causality – the men who seek to replace the mind by seizing the products of the mind.
“Money will not purchase happiness for the man who has no concept of what he wants; money will not give him a code of values, if he’s evaded the knowledge of what to value, and it will not provide him with a purpose, if he’s evaded the choice of what to seek. Money will not buy intelligence for the fool, or admiration for the coward, or respect for the incompetent. The man who attempts to purchase the brains of his superiors to serve him, with his money replacing his judgment, ends up by becoming the victim of his inferiors. The men of intelligence desert him, but the cheats and the frauds come flocking to him, drawn by a law which he has not discovered: that no man may be smaller than his money. Is this the reason why you call it evil?
“Only the man who does not need it, is fit to inherit wealth – the man who would make his own fortune no matter where he started. If an heir is equal to his money, it serves him; if not, it destroys him. But you look on and you cry that money corrupted him. Did it? Or did he corrupt his money? Do not envy a worthless heir; his wealth is not yours and you would have done no better with it. Do not think that it should have been distributed among you; loading the world with fifty parasites instead of one would not bring back the dead virtue which was the fortune. Money is a living power that dies without its root. Money will not serve that mind that cannot match it. Is this the reason why you call it evil?
“Money is your means of survival. The verdict which you pronounce upon the source of your livelihood is the verdict you pronounce upon your life. If the source is corrupt, you have damned your own existence. Did you get your money by fraud? By pandering to men’s vices or men’s stupidity? By catering to fools, in the hope of getting more than your ability deserves? By lowering your standards? By doing work you despise for purchasers you scorn? If so, then your money will not give you a moment’s or a penny’s worth of joy. Then all the things you buy will become, not a tribute to you, but a reproach; not an achievement, but a reminder of shame. Then you’ll scream that money is evil. Evil, because it would not pinch-hit for your self-respect? Evil, because it would not let you enjoy your depravity? Is this the root of your hatred of money?
“Money will always remain an effect and refuse to replace you as the cause. Money is the product of virtue, but it will not give you virtue and it will not redeem your vices. Money will not give you the unearned, neither in matter nor in spirit. Is this the root of your hatred of money?
“Or did you say it’s the love of money that’s the root of all evil? To love a thing is to know and love its nature. To love money is to know and love the fact that money is the creation of the best power within you, and your passkey to trade your effort for the effort of the best among men. It’s the person who would sell his soul for a nickel, who is the loudest in proclaiming his hatred of money – and he has good reason to hate it. The lovers of money are willing to work for it. They know they are able to deserve it.
“Let me give you a tip on a clue to men’s characters: the man who damns money has obtained it dishonorably; the man who respects it has earned it.
“Run for your life from any man who tells you that money is evil. That sentence is the leper’s bell of an approaching looter. So long as men live together on earth and need means to deal with one another – their only substitute, if they abandon money, is the muzzle of a gun.
“But money demands of you the highest virtues, if you wish to make it or to keep it. Men who have no courage, pride, or self-esteem, men who have no moral sense of their right to their money and are not willing to defend it as they defend their life, men who apologize for being rich – will not remain rich for long. They are the natural bait for the swarms of looters that stay under rocks for centuries, but come crawling out at the first smell of a man who begs to be forgiven for the guilt of owning wealth. They will hasten to relieve him of the guilt – and of his life, as he deserves.
“Then you will see the rise of the double standard – the men who live by force, yet count on those who live by trade to create the value of their looted money – the men who are the hitchhikers of virtue. In a moral society, these are the criminals, and the statutes are written to protect you against them. But when a society establishes criminals-by-right and looters-by-law – men who use force to seize the wealth ofdisarmed victims – then money becomes its creators’ avenger. Such looters believe it safe to rob defenseless men, once they’ve passed a law to disarm them. But their loot becomes the magnet for other looters, who get it from them as they got it. Then the race goes, not to the ablest at production, but to those most ruthless at brutality. When force is the standard, the murderer wins over the pickpocket. And then that society vanishes, in a spread of ruins and slaughter.
“Do you wish to know whether that day is coming? Watch money. Money is the barometer of a society’s virtue. When you see that trading is done, not by consent, but by compulsion – when you see that in order to produce, you need to obtain permission from men who produce nothing – when you see that money is flowing to those who deal, not in goods, but in favors – when you see that men get richer by graft and by pull than by work, and your laws don’t protect you against them, but protect them against you – when you see corruption being rewarded and honesty becoming a self-sacrifice – you may know that your society is doomed. Money is so noble a medium that it does not compete with guns and it does not make terms with brutality. It will not permit a country to survive as half-property, half-loot.
“Whenever destroyers appear among men, they start by destroying money, for money is men’s protection and the base of a moral existence. Destroyers seize gold and leave to its owners a counterfeit pile of paper. This kills all objective standards and delivers men into the arbitrary power of an arbitrary setter of values. Gold was an objective value, an equivalent of wealth produced. Paper is a mortgage on wealth that does not exist, backed by a gun aimed at those who are expected to produce it. Paper is a check drawn by legal looters upon an account which is not theirs: upon the virtue of the victims. Watch for the day when it becomes, marked: ‘Account overdrawn.’
“When you have made evil the means of survival, do not expect men to remain good. Do not expect them to stay moral and lose their lives for the purpose of becoming the fodder of the immoral. Do not expect them to produce, when production is punished and looting rewarded. Do not ask, ‘Who is destroying the world?’ You are.
“You stand in the midst of the greatest achievements of the greatest productive civilization and you wonder why it’s crumbling around you, while you’re damning its life-blood – money. You look upon money as the savages did before you, and you wonder why the jungle is creeping back to the edge of your cities. Throughout men’s history, money was always seized by looters of one brand or another, but whose method remained the same: to seize wealth by force and to keep the producers bound, demeaned, defamed, deprived of honor. That phrase about the evil of money, which you mouth with such righteous recklessness, comes from a time when wealth was produced by the labor of slaves – slaves who repeated the motions once discovered by somebody’s mind and left unimproved for centuries. So long as production was ruled by force, and wealth was obtained by conquest, there was little to conquer. Yet through all the centuries of stagnation and starvation, men exalted the looters, as aristocrats of the sword, as aristocrats of birth, as aristocrats of the bureau, and despised the producers, as slaves, as traders, as shopkeepers – as industrialists.
“To the glory of mankind, there was, for the first and only time in history, a country of money – and I have no higher, more reverent tribute to pay to America, for this means: a country of reason, justice, freedom, production, achievement. For the first time, man’s mind and money were set free, and there were no fortunes-by-conquest, but only fortunes-by-work, and instead of swordsmen and slaves, there appeared the real maker of wealth, the greatest worker, the highest type of human being – the self-made man – the American industrialist.
“If you ask me to name the proudest distinction of Americans, I would choose – because it contains all the others – the fact that they were the people who created the phrase ‘to make money’. No other language or nation had ever used these words before; men had always thought of wealth as a static quantity – to be seized, begged, inherited, shared, looted, or obtained as a favor. Americans were the first to understand that wealth has to be created. The words ‘to make money’ hold the essence of human morality.
“Yet these were the words for which Americans were denounced by the rotted cultures of the looters’ continents. Now the looters’ credo has brought you to regard your proudest achievements as a hallmark of shame, your prosperity as guilt, your greatest men, the industrialists, as blackguards, and your magnificent factories as the product and property of muscular labor, the labor of whip-driven slaves, like the pyramids of Egypt. The rotter who simpers that he sees no difference between the power of the dollar and the power of the whip, ought to learn the difference on his own hide – as, I think, he will.
“Until and unless you discover that money is the root of all good, you ask for your own destruction. When money ceases to be the tool by which men deal with one another, then men become the tools of men. Blood, whips and guns – or dollars. Take your choice – there is no other – and your time is running out.”

Wednesday, February 01, 2017

JUDICIAL APPOINTMENTS: 3RD DCA & CIRCUIT COURT


THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A JUDGE .....

ON THE CIRCUIT COURT:

There were a total of 15 applicants to replace Judge Victoria Brennan on the Circuit Court.  Of those, 11 are scheduled for interviews on February 14, 2017.  They are:

9:30 a.m. Raul A. Cuervo
9:50 a.m. Jason Dimitris
10:10 a.m. Spencer J. Multack
11:10 a.m. Milena Abreu
11:30 a.m. Andrea Ricker Wolfson
11:50 a.m. Lourdes Simon
12:10 p.m. Norman Christopher Powell
1:30 p.m. Luis Perez-Medina
1:50 p.m. Joseph J. Mansfield
2:10 p.m. Ariel Rodriguez
2:30 p.m. Ayana Harris


Ramiro Christen Areces, Marilyn BlumbergCarlos Alberto Lopez, Jr., and Michele A. Vargas were all bypassed for personal interviews.

ON THE 3rd DCA:

Governor Scott will be naming Judge Frank Shepherd's replacement, likely by next Friday, February 10, 2017.  The six finalists include:

John A. Greco
Judge Norma S. Lindsey
Fleur J. Lobree
Judge Robert J. Luck
Judge Bronwyn C. Miller
Oren Rosenthal


SCOTUS:

And then there was the perfectly scripted roll out of Trump's SCOTUS nominee to replace Justice Scalia, all done in prime-time on National TV.  DOM covers it here: and Bloomberg covers the story on how the White House kept it all a secret 


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


Monday, January 30, 2017

MONDAY NIGHT MASSACRE

Monday evening acting attorney general of the United States- Sally Yates- issued a memorandum to the justice department attorneys not to enforce or defend the President's executive order banning immigration.  Yates believed the order to be illegal. 

On Monday evening, in the face of what will now surely go down in history as The Yates Memo, the 45th POTUS fired Yates. 

Uno problemo....there is no one left in the Justice Department with clearance to see and seek warrants from the Foreign Intelligence Surveillance (FISA) court. But that didn't stop 45 from canning Yates and leaving this country blind. 

The President has now appointed  Virginia US Attorney Dana Boente as acting US Attorney General until 45 can get his nominee approved by the Senate. 

On a saturday night in 1972, attorney general Elliot Richardson refused the order of President Richard M. Nixon to fire special prosecutor Archibald Cox who was issuing subpoenas to the White House for tapes in his investigation of Watergate. 

Attorney General Richardson resigned rather than follow the illegal order of the President. 
The deputy assistant attorney general of the United States William Ruckelshaus then became acting attorney general and he also refused to fire Archibald Cox, so President Nixon fired him. 

In their confirmation hearings which occurred during the Watergate crisis, both Richardson and Ruckelshaus had given personal assurances to the senate that they would not interfere in Cox's investigation of Nixon. 

Nixon then turned to Robert Bork, who was the solicitor general of the of the United States and Bork fired Cox and we had ourselves a  full blown constitutional crisis as attorneys with a conscious refused to follow an illegal order of the President of the United States. An order that the senate suspected could be issued and in which the lawyers had promised not to follow.

And this episode which played out over a cold October Saturday night in 1973 was called the Saturday Night massacre and it remained a unique part of American history never to be replayed because we would never have a president as unhinged as Nixon was in his final days.....until now. 

From that chaotic night in October, the Nixon presidency had less than 300 days to live. 

Oh for us to be so fortunate now. 
Senate Jeff Sessions is scheduled for a confirmation on Tuesday. 

BREAKING As the Monday night massacre unfolds as we get on our flight from the West coast to FLA, now comes word that POTUS 45 has fired the head of ICE- customs enforcement for the US. 

What if he fires everyone and no one will work for the US government? That's one way to stop a tyrant- peaceful resistance. Refuse to go to work. Fight the power. This is the 60's redux. Gonna have to get out our bellbottoms and tie die shirts. We knew we made the right decision in hanging on to them. 

GIVE ME YOUR TIRED *



Image result for statue of liberty saying

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me. I lift my lamp beside the golden door." *

We say good riddance to Syrians. Who needs them? It's like who needs an apple a day when you have good old American McDonalds?  This country will be better off without any wretched refuse of Syrians polluting our country. What's a Syrian ever done for America?

Consider the disturbing story of Syrian immigrant 
Abdulfattah Jandali.  Just the name tells you-or certainly our president-that he's up to no good. He came to this country in the early 1950's. He settled in Wisconsin, and then, showing just what these type of immigrants do, Jandali got an American woman pregnant before he married her and before he could support a family. Just another worthless immigrant trying to game the system and not being responsible. 

In 1955 Jandali's son was born and he put him up for adoption. An American couple that was childless adopted the baby. They named him Steven. Their last name was ....Jobs. 

Yes. The man who changed the world, who brought us Apple, and then rescued Apple, who brought us the Ipod, the Ipad, the Iphone and changed the way the world shopped, communicated, and viewed books and videos was the son of a Syrian immigrant. 

Who are the next Steve Jobs that the 45th POTUS has banned? What children who may grow-up to solve the problem of global warming are being banned from this country because of where they were born? 

Our loss is Canada's gain, as the PM of Canada has graciously offered to accept all those immigrants banned by a country that now-falsely- has a Statute of Liberty on its shores, no longer to welcome immigrants, but to mock them and turn them away. 

For shame. 

See You In Court.

*Unless you are from Syria or some other countries in the Middle East, are Muslim, and have a funny sounding name. In that case, then GTFU as you are not welcome in this country and never will be while 45 is president. 


Sunday, January 29, 2017

LIBERTY'S LAST DEFENDER

Liberty's last champion is the motto of the FACDL. With all due respect to our colleagues, under the new Trump administration, it is becoming abundantly clear that the last champion of freedom, liberty, and all that the Constitution stands for is and will continue to be.... (this isn't easy for us)

JUDGES. 

The 45th President of the United States banned the entry of refugees into our country from several other countries on Friday. By Friday evening, there was chaos at airports around the nation and around the world. Families with green cards who have gone through a two year process of being vetted and approved were being detained at airports. Individuals who were doctors, scientists, and who had assisted US forces in Iraq were being denied entry and re-entry into the US. 

Thus is the outcome when amateurs dable in US policy and when orders are issued by a tyrant  based on populist whims. 

In stepped the ACLU who filed an emergency lawsuit heard by US District Judge Ann Donnelly of the Eastern District of NY.  Judge Donnelly blocked the president's executive order once the government attorneys could not refute that those travelers who had US green cards would not suffer irreparable harm. Minutes later, US District Judge Leonie Brinkema of the District Court in Alexandria, Virginia issued a seven day ban on the removal of any green card holders being detained at Dulles International Airport.  

Lest we forget, Article III of the US Constitution states in part:

Section 1: The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.

Section 2: The judicial power shall extend to all cases, in law and equity, arising under this Constitution... 

Ladies and Gentlemen, readers of this blog, the only thing standing right now between the power of a tyrant and amateurs surrounding the tyrant, and ordinary and decent people, families, and children from being sent back to war torn countries merely because of where they came from and the deity they choose to worship, are a few dedicated lawyers, and the power of Article III judges. 

It's a precarious position to be in. 

On May 13, 1939, the ship St. Louis sailed from Hamburg, Germany carrying 937 Jews who were being persecuted in Germany merely because of their religion. 

The passengers were denied entry into the United States because petty anti-semites in the State Department had no sympathy for their plight. The State Department's formal response included this phrase: "The passengers must await their turn on the immigration waiting list..."  (sound familiar?)

No nation bothered to help the Jews on the St. Louis, and the passengers were returned to a bloodthirsty Third Reich where most of them died in concentration camps. 

This week, the White House issued its annual statement on Holocaust Remembrance day. Shockingly, unlike any other statement issued by any other administration, the statement did not mention Jews. 
This was NOT an oversight. This is the subtle influence of the Alternate Right, and its pandering to white supremacists. This omission cannot be read any other way. This is not because the President is a racist. He is not. But he was elected by racists, and he damn well knows it. 

How is it possible that 77 years later, with all that we have witnessed to what nation states like Syria and Iran and Iraq can do to minorities in their country, that we can turn our backs on good and decent people who are fleeing an almost certain death? 

All we have left is a Constitution and Article III judges who remain the last power against this bigoted tyrant who plays on the prejudices of dimwitted people who voted for him. 

See You In Court, where sometimes lawyers and judges do damn good things and save lives. 

Saturday, January 28, 2017

HOW TO GET AN AFORM IN 11TEEN EASY STEPS

Master trial lawyer Jack Blumenfeld asked this question on FACDL:

Could someone please repeat the procedure to get an A Form from the Clerk’s Office?

Thank you

Jack R. Blumenfeld

And this was the response 

  
It was supposed to be for any arrest form, but was recently emailed back that they only do 72 hours.

Rumpole writes: Surely you jest...
Email:
Please send me the a-form for f17-12345
Response: There are four co-defendants A,B,C,D- which one?
Email: B
Response: B what?
Email: B a good clerk and email me the B aform for F17-123456
Response: A forms have no B that's why they are called A
Email: May I please have the A-form for F17-12345B
Response: Have you registered? Do you have a user ID number, password and PIN?
Email: No- how do I get those?
Response: Send a self addressed stamped envelope to Tallahassee, Office of Clerk of the Court: Attention A-Forms, and provide a check for 11.17 to The Clerk of the Court, A forms division. In three weeks you will receive a post card with a temporary PIN. Log in to "Iwantanaform.org" and set up an account. Then when you email this office, provide the PIN, the Password, and the User name.  

Rinse. Repeat. 




Thursday, January 26, 2017

THE 81ST STAR

An ex-CIA operations officer wrote this piece in the NY Times regarding the affront she and other officers felt when our president stood in front of the wall of stars at the CIA honoring those who gave their life for this country. 

The 81st star belongs to Gregg Wenzel, clandestine officer, and former Dade County Assistant Public Defender. We've written about Mr. Wenzel here and here. 

From the NY Times:

When the 81st star was carved into the wall in 2003, the fallen patriot’s name was not added to the accompanying Book of Honor. At the time, his C.I.A. affiliation was classified, as it remained for nearly six more years. I will never forget seeing his family at the ceremony, knowing they could not tell their loved ones the truth about his death. He died with nobody knowing who he was or what he did for our country. But I believe that is how he would have wanted it, because, as the former C.I.A. director Leon E. Panetta said when finally revealing my friend’s name in 2009, “He lived for a purpose greater than himself.”

Gregg Wenzel left his law career to serve his country after Sept. 11, 2001. He died at 33 years old, in Ethiopia, while working tirelessly in pursuit of information needed to help protect this country. I don’t know if he was a liberal or a conservative; I don’t know whom he voted for. I know only that he was dedicated, loyal, adventurous and a jokester. And he welcomed me as a sister when we met overseas, knowing nothing more than that I was a colleague and shared his sense of mission.

Make no mistake about one thing in our day and age: character counts. Character is what you do and how you act when no one is looking. Gregg Wenzel had character, honor, integrity. He believed and lived and died for the credo Duty; Honor; County. 

There are just some people who have not earned the right to even stand before the 81st star, the 80 stars before the 81st, and those that have come and will sadly come in the future. 

See you in court. 

Tuesday, January 24, 2017

AWARDS

It's that time of year again when the country holds its breath in anticipation of the announcement of two sets of awards: The Academy Awards and the Miami Chapter of the FACDL's awards. See below for details.  (ed. Note. As detailed below the award ceremony is open only to DUES paying members of FACDL. As such we regretfully cannot receive any award nor vote. We are allergic to paying dues. And if nominated we will not accept. If awarded, we shall not appear. )

Dear members,

This serves as a call for nominations for the FACDL-Miami Awards which are presented each year at our annual banquet.  This year's 54th Annual Awards and Installation Gala will take place on Saturday, May 13, 2017 at the JW Marriot Marquis in Downtown Miami.  Once again, we will gather to celebrate and honor attorneys and judges whose character and work merits recognition from our criminal defense organization. 

Below are brief descriptions of the criteria for each of the FACDL-Miami awards.  If you know a lawyer(s) or judge deserving of one of these honorable distinctions, please forward me your nomination no later than Tuesday,  February 14, 2017.  Please include a statement why you think such person or group is deserving of the Award and other material you would like the Board to consider.  

RUMPOLE SAYS: Leave your nominations in the comments section and sign your name and we will forward them to the FACDL big-wigs.

THE HONORABLE GERALD KOGAN JUDICIAL DISTINCTION AWARD – This award is presented to a Judge in recognition of an extraordinary career contribution and dedicated service to the improvement of the criminal justice system and for the preservation of constitutional rights.

THE DANIEL S. PEARSON-HARRY W. PREBISH FOUNDERS AWARD – This award is given, when appropriate, in recognition of a lifetime commitment to preserve the constitutional rights of all citizens and for manifesting the very best principles for which FACDL-Miami stands -- an open-hearted devotion to justice, civility, discretion, courage, respect for human dignity and mercy.

THE RODNEY THAXTON “AGAINST ALL ODDS” AWARD – This award is given, when appropriate, to a criminal defense lawyer, who having undertaken a particularly difficult or unpopular client or cause, represents the heart and spirit of criminal defense, and who epitomizes the courage of the criminal defense lawyer to stand apart (and often alone) as Liberty’s Last Champion.
  
THE GREGG WENZEL YOUNG LAWYER’S AWARD - This award is given to a young lawyer who exemplifies hard work in the legal arena and in service to the community.

There will be a vote at our February Board Meeting on the 15th of the month to decide who will be selected for the awards. The meeting is open to the general membership and any member can nominate someone they think is worthy, speak on behalf of their nominee and vote. This is not a closed meeting (no FACDL-Miami meeting is a closed meeting). The meeting will be held at the Federal Public Defenders office in the 15th floor conference room in the Bank of America Building. The address is 150 West Flagler.
  
Brian Kirlew, Esq.

Monday, January 23, 2017

SIZE MATTERS

The honourable United States District Judge Federico Moreno (and REGJB alumunus)  saw fit to comment about our comment about George Herbert Walker Bush, the 41st President of the United States: 


Anonymous Fred Moreno said...
Rumpole, whomever you are, I have only commented once before in your blog when Judge Richard Hickey died. Now, I could not resist complimenting you on the description of President Bush 41 as a real American hero. I forwarded your remarks to former Governor Jeb Bush and he emailed me to "please thank the blogger for the kind words about my dad." FAM


Dear Judge Moreno:
Thank you for reading the blog. 
Your efforts are appreciated. 
As to Jeb Bush, your email is appreciated, but just between us- our former governor knows how we feel about his dad. 

SIZE MATTERS


Apparently, size matters to the 45th president of the United States. Size of the crowds, size of his hands, how many times he has been on the cover of Time magazine. 

When the 45th president of the United States stood in front of the wall of stars and heroes at the CIA and grandiosely and cavalierly spoke about the greatness of his speech and the size of his crowds, and made scant reference to the heroes who died without personal recognition in the service of their country- and one of those stars represents a former Miami Assistant Public Defender who joined the clandestine service- we cringed. Anyone with a sense of history and honor and service and dignity cringed. 

The next four years will be cringe worthy indeed. Buckle up. 
See you in court. 

Thursday, January 19, 2017

INAUGURATION PRIMER

The interregnum (what a great word) ends tomorrow as Donald J Trump takes the oath of office and becomes the 45th  president of the United States. 

CJ John Roberts will administer the oath. Query/trivia: who was the last person who was NOT a Chief Justice or Supreme Court Justice to swear in a President?

Associate Justice Clarence Thomas will administer the oath to VP elect Mike Pence. 

Have they done their homework here? The last time Justice Thomas said anything in public was "Supersize that and an order of onion rings as well...yes I'm sure I don't want a coke. Don't ask why please".  

Pence takes the oath first, which means for a few awkward moments Obama will be president, and Pence will be his VP. 

Trivia: Where was the first inauguration held?

Vegas odds: 1,000-1 Trump does not say "baba booey" in his speech. 150-1 someone shouts out "baba booey" loud enough to be heard on television. 

As per tradition, President Obama will get one last ride on his plane. The plane will NOT be called Air Force One when it flies him to California for a holiday. 
Trivia: What is the plane called when the president is not on board? 

GHWB

George Herbert Walker Bush is the 41st President of the United States. He is currently in the hospital. He is the greatest man we have ever known. We worked with Mr. Bush in DC when he was Ronald Wilson Reagan's vice president. Of course we cannot explain the exact details here. But here are a few stories. 

He was and is an inveterate letter writer. He has corresponded on a regular basis with hundreds of regular americans he met throughout his life. He is a war hero, the youngest bomber pilot in the Pacific in WWII at the time he flew his plane. 

In the 1950's Bush and his wife lost their daughter Robin to leukemia. There is a letter from GHWB to his mother about his daughter which we highly reccomend as a poignant example of his humanity. Here is part of what he wrote:

We need a legitimate Christmas angel, one who doesn't have cuffs beneath her dress. You have to be a father to know this,” he wrote. “We need a little one who can kiss without leaving egg or jam or gum. We need a girl. We had one once..... But she is still with us. We need her and yet we have her.”

In 2o13, Bush shaved his head in solidarity with 2 year old Patrick, the son of one of the agents on his secret service detail who was being treated for leukemia and had lost all his hair. He is that type of man. 

Many years after the death of Robin, as VP while running for president, Bush was in Poland and found himself visiting a children's hospital. There was a young child who was ill with Leukemia. Bush didn't know that at the time he picked up (the boy as we remember it) and the boy gave him a hug. Bush asked what was the matter and through interpreters he learned the child had leukemia. The incident was being recorded by reporters. Bush kept a smile and played with the boy for a moment, and then put him down and excused himself. He walked off to a small area where he couldn't be seen and he broke down. One reporter witnessed it and later asked him about it. Bush explained about his daughter. The reporter asked him why he walked away? That showing some emotion in front of the press during a presidential election would have been a great thing for the campaign. Bush gave the reporter a sad smile, shook his head and walked away. 

George Herbert Walker Bush is a great american. He is a real man, with real principles. And unlike the way politics is today with the win at all costs campaigns, there were just some things that were more important to George Bush than winning the presidency. 

We can't say that about the 45th president of the United States. But we do wish him well and hope he is successful. 

See you in court next week.


Wednesday, January 18, 2017

ANOTHER DAY ANOTHER JOA

Not quite a JOA, but another Not Guilty for everyone's favourite federal blogger and a damn good criminal defense attorney: 

PRESS RELEASE REGARDING NOT GUILTY VERDICT OF MEDICAL DOCTOR MICHAEL BAHRAMI
      
            After a three day trial, a federal jury unanimously found Dr. Michael Bahrami not guilty today in Federal Court before Judge Cecilia Altonaga.  Dr. Bahrami was charged in a one count indictment with conspiracy to defraud the United States and to accept kickbacks and bribes in exchange for referring patients to home health agencies.  The jury deliberated for less than an hour before finding him not guilty.

Dr. Bahrami fled Iran when he was 17 years old.  He taught himself English working as a bus boy.  He then put himself through medical school and did his internship at Mt. Sinai hospital.  He is 61 years old and has a successful cardiology practice.  He is married with two small children, 7 and 9 years old.  Throughout the trial, the courtroom was packed with his patients who all support him and say he is the best doctor around.  He, his wife, and his patients wept after the trial. 

Monday, January 16, 2017

RIDING A TIGER

THERE IS NEVER A WRONG TIME TO DO THE RIGHT THING.

The Rev. Dr. Martin Luther King. 


A new President takes office in five days. 
Qi hu nan xia
"When on the tiger's back, it's hard to dismount."
Chinese Proverb.

See You In Court. 

We've made a tidy sum on the November/December Trump rally. What area of Canada should we buy a ranch in? 


Sunday, January 15, 2017

THIS TIME NEXT WEEK

The 45th President of the United States will be in the White House.




Enjoy your day off. 

BTW, We kinda like the Packers with the points today. 

Jai Guru Dev. 

Friday, January 13, 2017

VETERANS COURT KICK-OFF TODAY


New Veterans Court cuts the ribbon TODAY- Friday- Courtroom 4-1 at 11:30. 

Judge Tinkler-Mendez will preside over the new court. 

REGJB Old Timers know that Miami was the First In The Nation to start a Drug Court- trivia- name the late Judge who founded drug court (hint- he was an old motocycle cop before becoming a lawyer). UPDATE- All answers in comments are correct. The great Stanley Goldstein. 

Hundreds of thousands of veterans have returned from two-decades of war, only to find no parades, and not many people who understand their problems. This is a good start. Well done. 

See you in court. 



Monday, January 09, 2017

SO NOW YOU'RE A JUDGE IN CRIMINAL COURT

So now you're a judge in criminal court. You drew the short straw in the New Year judicial rotation and ended up at the confluence of NW 12th Street and 12th Avenue; just a stone's throw from the Miami River. 
You've decorated your chambers, entered the phone numbers into your cell phone, found your parking spot, frowned at the dearth of good lunch places nearby. 

Now what?  A few helpful hints. 

1. The REGJB opened in 1962 and has been full of judges ever since. It will be full of judges long after you leave. You are not indispensable. Anybody can deny a motion to suppress, deny a continuance, deny an objection, read the jury instruction on reasonable doubt, tally up and impose a maximum sentence, and come down from the bench like Moses off the mountain, robes flowing, and graciously hand jurors a certificate of thanks. You can and will be replaced and life will go on without your brilliant legal insights. So just try and do the best you can for the people who appear in court. 

2. You're the Judge. You make the call. You can call your friends, the administrative judges, or whomever about WHAT an arthur hearing is, but you can't call them to ask what you should do. You wanted the job, you make the call. It's not fair to the parties to have another judge, who didn't hear the evidence, make the decision. 

3. When a lawyer asks for a continuance because they are going away, do not show your ignorance as a trial lawyer by asking when they are coming back and setting the trial for the next day. It takes a lot to get a case ready for trial, and no one wants to spend their vacation worrying about the trial set to begin the day after they come back. 

4. The prosecution is not always right. And when they are wrong, innocent lives are ruined. Never forget that. When the job seems mundane and it's just another boring burglary trial of  GORT/PERP who did it- and you make that call before the case begins- it's time to transfer to family or civil. 

5. No matter how good you were, it's not your case. It's the lawyer's case. Let her try it. 

6. No infant is born to parents who dream of him committing a crime. No child in kindergarten says they want to grow up to be a drug dealer or burglar or thief.  We don't live in a fair world. The universe is indifferent. But behind the veneer of a defendant is a person with hopes and dreams. Most people are redeemable. 

7. Before you sentence someone to prison, go to a prison. The great (and now former) Federal Judge John Gleeson took his staff every year to Danbury prison to see the effect on the people he sentenced. 
We can't think of one judge in Florida who does that on a regular basis. 

8. Don't revel in minimum mandatory sentences. All that means is that the Florida Legislature decided that the 24 year old prosecutor who has been in court all of six months has more wisdom about what should happen to the defendant that you do. Sucks if you really think about it. 

9. One of the very best judges to ever grace the halls of the REGJB- USDC Judge Federico Moreno once sentenced a defendant below the guidelines on a murder (might have been a manslaughter) case AFTER trial. Because that's what the facts called for. Losing a trial does not mean a defendant gets punished for going to trial. Being a tough sentencer does not mean you will work less- although judges have been buying into that faulty thinking for decades now. And do you really want to frighten an innocent person into pleading guilty? Is that why you became a judge? 

10. The only reputation you will develop when you start voir dire at 3, openings at 6, and testimony at 7 is that you're an idiot. Jurors will hate you, and the defendant will not get a fair trial. People will not whisper behind your back "that judge is amazing...s/he tried a case until midnight yesterday." What they will do is repeat what you did with the words "ass"; "jerk"; "idiot"; "big-ego"; "robe-its" and such.  

11. When the job is no longer fun, quit. 

12. Change is the price of survival.

Go forth and do good. Do justice. Be wise. Be fair. Be nice. Read the motions you get. Have fun. 

See you in court.  


Sunday, January 08, 2017

DOLPHINS PLAYOFF GAME TODAY!

It was a good season for our Fins. Maybe it ends today, but they are playing a team they beat handily a few months ago, so....anything can happen in playoff football.

Lots of rumors flying around about who will be US Attorney in the SDFLA... but as of yet, no facts. 

Does the US Attorney resign January 20? Or do they just keep plugging on until Washington acts? 

Ten words Donald Trump WILL Say during his inaugural speech:

10.Taxes
9. Defense
8. Terrorist 
7. America
6. Trade
5. Congress
4. Freedom
3. Oil & Gas
2. Ronald Reagan
1. Donald Trump


Ten Words Trump Will NOT say during his speech:

10. Civil rights
9. Education
8. Global Warming
7. Ecology
6. Arts
5. Love
4. Martin Luther King
3. Intelligence
2. Reason
1. Justice Building Blog

Friday, January 06, 2017

WHO SHOULD BE US ATTORNEY

DOM scooped the Miami media and blogasphere by reporting about Judge Ungaro being in the running to be the next US Attorney for the SDFla. 

Be that as it may, who should the next president pick? 

The US Attorney oversees an office that does much more than file illegal re-entry after deportation cases. 

The Southern District runs from North of West Palm to Key West. One overlooked area of prosecution is the federal protection of Florida's irreplaceable reefs and wetlands. When was the last time you heard of the US Attorneys office bringing an ecological crimes case or investigating such crimes? 

What about forfeitures? The government's avarice in grabbing money and land from citizens is reaching frightening new heights. 

Do we want a US Attorney with a strong civil or criminal background? 

Would a judge- any judge- bring a different perspective?  How about Judge Williams? The former federal PD- what kind of perspective would she bring? 

And while we're on the subject, is it time for a change in State court? 

First weekend of the new year brings the Fins in a road playoff game with a decimated secondary facing a high-powered passing offense. With a back-up QB, this could be a tough game. What does our 2016 NFL Survivor Pool champ Lucy Lew have to say? Maybe she'll give us a tip. 

Enjoy the first of your 52 2017 weekends. For those of you in court this week- fear not. Statistics show that most New Year's resolutions are broken in January. In another week or two the gung-ho attitudes of Judges and ASAs should fade into the dreary workload they shoulder everyday. 

Big snow dump on us here out in Tahoe. Lucky to have power. 


37 days until pitchers and catchers report for spring training (as Judge Hirsch would tell you). 
Image result for baseball player icon
See you in court. 





Wednesday, January 04, 2017

IS IT THE U?

DOM, in a scooping mode, breaks the story that USDJ (and former REGJB Miami Circuit Court Judge) Ursula Ungaro is being considered to be US Attorney!!

We can think of one former Dade Circuit Judge who became US Attorney- the sui generis career of Tom Scott.

Scott was a circuit court judge, a US District Court judge, US Attorney for the Southern District Of Florida, and he also worked the door at Joes for a period of time (not true). 

Of course, considering the soon to be POTUS, the new US attorney could be one of the guys at the door at Joes.... Eddie has taken care of us for the last few years at Joes. He would be a fine choice. 

DOM opined that Ungaro would "whip that office into shape". Cheap shot at the current USAO? 

See you in court. 

YOUNG V.20

(Updated with a hot fed rumor below)
David Young is back on the bench! 

And he is really really excited about it and wants everyone to know how happy he is to be back. 



We've been thinking about other Judges who have voluntarily resigned and then gotten their position back. 

The only name that comes to mind is Judge Joe Farina. He left the bench, returned and then had a good run as chief of criminal court and then Chief Judge. 

FED RUMOR
When compared to our humble REGJB, the feds rumor mill is downright G rated. But then everyone's favourite federal blogger dropped this rumor in his first working day post of 2017 imaginatively entitled "2017!" : 
Speaking of District Judges, there is a rumor going around that one of our own DJs is interested in the new U.S. Attorney slot.  Anyone else hearing this?

Considering DOM spent part of the holidays photo bombing and taking selfies with the President Elect of the United States on Trump's private golf course in Jupiter (belying his image as a defense attorney of the proletariat) , he would appear to know something about this.

This is a juicy one. Any ideas?

See you in court.

Tuesday, January 03, 2017

THE 12% SOLUTION

How about some heartwarming and uplifting news to start the new year? 

Sorry, we don't have any. But we have this: 12% of the available federal judge positions are vacant and eligible for President Elect Trump to fill: 

By the time Trump is sworn in on Jan. 20, there will be more than 100 vacant judgeships across the federal courts. Trump can begin to name nominees for those seats once he takes office — the number of vacancies equals about 12 percent of all active federal judgeships, far more than Presidents George W. Bush or Obama had to fill at the start of their presidencies.
It’s an immediate opportunity for Trump to leave a legacy that would last for decades, and one that Republicans don’t want him to squander.
“A very large number of those circuit courts of appeals flipped during the Obama years, and certainly from the conservatives’ perspective it would be nice to flip some or all of those back,” said John Malcolm, director of the Edwin Meese III Center for Legal and Judicial Studies at the conservative Heritage Foundation. “That’s going to take time. President Obama had eight years.”

It would be nice if our very own Mary Barzee would be one of those appointments, but don't hold your breath. 

See you in court. 

Sunday, January 01, 2017

RUMPOLE RESOLVES

Our New Year's Resolutions

1) To be a better lawyer (if possible).

2) To be a better blogger. ( id.).

3) To be nicer to judges (every resolution list should have at least one unattainable item). For those robed readers who need a little love, here is Chief Justice John Roberts praising our over-worked, under-paid, highly-qualified US District Court judges (we mean most of that. Old habits are hard to break.).

4) To let all our readers know that if there is one book you should read in 2017, it is Bruce Springsteen's autobiography "Born To Run". Simply amazing.

5) More pilates...less sugar...should do the trick.

6) Two words that bring a smile to every funny/social commentator: President Trump.

7) (removed by blog administrator).

Happy New Year one and all.

See you in court, but not Tuesday- because remember the number one rule of Rumpole's rules of the practice of law ( (c) Justice Building Blog 2016-17, all rights reserved): NEVER EVER ...repeat- NEVER EVER let a judge set a trial for the first week of the new year. Never. Schedule elective surgery if necessary. But never let a case be set for the first week of January.

Judges and prosecutors have spent the holidays pondering their careers, and simple subjects that they are (just broke resolution #3) they all arrive at the same conclusion: to try more cases and seek and issue harsher sentences as a way of letting the word go forth that defendants should not be foolish enough to risk a trial in their courtroom.

Time and time again we have seen defendants slammed on simple cases all because their lawyers made the mistake of allowing their case to be set for the first week of January. 
There is also a more personal issue. For those of us that like to ski and travel and enjoy the holidays, having a jury trial set January 2 wipes out the last two weeks of December which much be spent in preparation for the trial. But beyond personal reasons, do not play into the New Years Resolution trap where Judges and prosecutors - unhappy to be back at work- take out their frustrations and fulfill their resolutions on the back of your client.

You've been warned time and time again. Don't complain to us if you haven't listened.

See You In Court.