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.

Wednesday, September 28, 2016

APPLICANTS SWARM FOR JUDGE BLAKE'S SPOT

Twenty-two lawyers (including some county court judges)  with visions of black robes dancing in their heads have filed to replace Judge Blake on the bench.

Bonus trivia question: Who did Judge Blake succeed on the bench and how did he get his spot?

Query: How does the JNC not send up Milena Abreu who ran a fantastic campaign and lost by the less than one percentage point?

See you in court.




Monday, September 26, 2016

NEW GRUNTS

The new ASAs, fresh out of law school, shiny new suits, fancy graduation-gift briefcases, and fully indoctrinated on the Miami-ASA way, hit the courtrooms today.

Over the weekend, long time ASA Frank Ledee was honored by the League of Prosecutors as Prosecutor of the Year.

We could tell the new ASAs a lot. But all they need to do is look at Mr. Ledee. Hardworking. Fair. A man of his word. Respected by his peers and the judiciary.

There's lots of advice new ASAs will receive. Some of them unfortunately will be looking to make a name for themselves by being tough. That just shows they have no experience and perspective. Some will be sneaky in trying to win cases. All that will do is get them a bad name. And some will work hard, make mistakes, pick themselves up and dust themselves off after screwing up in court and will try harder the next time but won't hold past failures against future defendants. These will be the ones who will succeed.

It takes a lifetime to make a name for yourself. And about a minute to ruin it.
Good luck and welcome to the REGJB, our work home since before you were born.

See you in court. When you least expect it, we will be the defense attorney whispering some friendly advice in your ear when you need it.

Saturday, September 24, 2016

NFL WEEK THREE 2016

BREAKING ESPN confirming that Miami Marlins pitching ace Jose Fernandez is one of three people killed in a boating accident off of Miami Beach this morning. 

Sad news that reminds us sports is merely a part of life and it is life that is priceless and precious. 

The surprise of the week is that the majority of the Survivor pool is picking your Miami Dolphins, at home against the Browns.

After another scintillating week of picks last week, we confidently take on a difficult week three schedule, starting with the Cleveland Browns +9 to keep it close against the Fins in their home opener. WIN

Staying in FLA, we like the Bucs at home -5 over the tinsel town Rams.

The Raiders + 1 in Tennessee, WIN and Carolina -7 at home over the Peterson-less Vikes. loss

Under 51 Chargers at Indy, and under 44 Bears at Cowpokes.

SURVIVOR POOL 
Losses last week included everyone's favourite "Fake Freddy Moldovan" and (to Dan Lurvey's delight) "A judge smashed my windshield".  27 solider on. BTW if you've never read Stephen King's classic short story (originally published under the nom-de-plume of Richard Bachman in 1979) The Long Walk, now is a good time to do it. One of the best short stories we have ever read. 
(Basco is the late pick with the Fins). 
Update: Sadly, Sharon Cohen and Survive didn't. 

Thursday, September 22, 2016

FIRST DAY OF FALL

Today at 10:21 was the Fall Equinox. 
No, that is not tumbling to the ground at a local gym. 

The Fall Equinox,  or Autumnal Equinox, as any robed reader would tell you, is when (other than the polar regions, duh!) the sun rises due east and sets due west along the horizon. 
The Spring Equinox is the only other day this occurs. From this point forward, daylight is shorter, nights longer, but REGJB judges lunch "hours" remain the same. 

"Rumpole, what does this mean?" you may say. 
Consider this- on September 1, 2016 there was 12 hours and 38 minutes of sunlight. 
On October 1, 2016 there will be 11 hours and 54 minutes of daylight. We are losing one minute and thirty seconds of daylight, per day from now until the winter solstice. 

Peace out- and don't curse the darkness- light a candle.



Monday, September 19, 2016

AFORMS BY EMAIL!!!

Breaking!! Angelina Jolie has filed for divorce from Brad Pitt. !!! (as per TMZ ). While no one should ever celebrate a divorce, and we don't, we sense a slight opening...maybe a few months when she's ready to date again... 

Wanna get an a-form mailed to you? Scroll down and find out how. 
The FACDLers have been busy bees lately. 
They recently received some shocking news: there is gambling going on in this establishment. 


No, really. Word has slowly filtered back to FACDL that lawyers were being forced to wait to see clients at Metro West because a few of the interview rooms were closed. One was closed because a paper-clip was found unaccounted for, on the floor, and a team was pondering the way to remove it safely. A second room suffered from some water being spilled from a paper cup, and the crack staff at Metro West was awaiting the arrival of the team from FEMA.

Colleagues,
 The FACDL-Miami liaison committee met with corrections today to discuss the issues of extended wait times and client access. Please see the update below.
 Our liaison committee recently met with the Department of Corrections.  Many of you have asked about the delays our members have been experiencing when attempting to visit their clients at Metro West due to the closure of certain visitation areas.  We confirmed that this should no longer occur after the end of September.  The fourth visitation room, which had been closed for a period of time, has been re-opened and is in use now.  The larger contact room, which is undergoing repairs due to ceiling leaks and floor tiles being replaced, is expected to re-open by September 30th.
 Michelle Estlund heads up this committee and she will be providing an update as to the issues of getting our non-attorney professionals admitted more easily into all of the county jails sometime next week.
Brian Kirlew, Esq.

And if that wasn't bad enough to age our long suffering president, he received a classified briefing on delays at the clerk's office that was down-right terrifying: (keep reading for the a-form email info)

Colleagues,
 As many of you are well aware, the delays on the 9th floor during peak morning hours is unbearable. It’s taking up to a half hour or more at times to get certified copies or to view documents in the court file. In an effort to relieve the delays, FACDL-Miami, along with the DCBA Criminal Courts Committee, has been in contact with the Clerk’s office to see if something could be done to relieve the backlog on the 9th floor attorneys window. In June, two deputy clerks were let go for budgetary reasons. That directly affected the staffing of the attorneys window. Both of those clerks will be brought back effective October 3rd.
 Also effective October 3rd, in addition to any requests to view files, you may also email requests for A-Forms to felonyfr@miamidade.gov. The A-Forms will be emailed back to you directly and the files will be waiting at the Attorneys service area. Files that are in court or at the record center may take one to two days to be retrieved.  

The email feature is intended to reduce delays for the attorney requesting the A-Form or file, and the attorneys waiting in line for other matters. It will only work if the defense bar actually utilizes the service. So instead of waiting in line for an A-Form or to get copies from the court file, send an email to felonyfr@miamidade.gov instead.

A big thank you to Jude Faccidomo and Jonathan Meltz for their efforts on this issue.
 Brian Kirlew, Esq

A forms by email?? What will they think of next? Wi-fi in the REGJB? We can dream, can't we? 

See you in court with stacks of a-forms being emailed just for fun. 

AS FLORIDA GOES ....

Florida is considered a bell-weather state. The problems a candidate has here are illustrative of the problems they have in other states. 

Item: After a disastrous summer spent insulting the parents of a dead marine killed in combat, and demonstrating a remarkable inability to grasp fundamental issues (for example, Trump did not know what the nuclear triad is and pondered why we spend so much money on nuclear weapons but don't use them) Donald Trump is polling ahead of Hillary Clinton in Florida. 

Why? 

Because Clinton cannot, at the moment, reassemble the Obama coalition in Florida. While she leads Trump among educated voters, women voters, millennials, and Hispanics, she doesn't lead Trump by the numbers Obama won those groups over Romney. 

Thus, Donald J Trump, the least prepared person in the history of this Universe to be president, has a chance to become President of the United States. 

Sorry to ruin your Monday. 

Who's in trial? 

This football Sunday made one thing very clear: it wasn't that the Dolphins were good that kept their game against the Seahawks close in week one. It was how bad the Seahawks were. Thus, the Fins were blown out in week two. 

Newman!
Speaking of the the Fins, we didn't get a invite to a victory party that Circuit Judge Ed Newman's staff threw for him this past Friday, but we heard it was very nice, including the ol-softie tearing up at the end. 

See You In Court.

Sunday, September 18, 2016

NFL 2016 WEEK TWO

We went a nice 5-2 to open the season which isn't perfect, but pays the bills for the nice Cabs and Petit Sirahs we ordered. 

There's been some chatter about the Fins covering this week. We don't like it but we are staying away from the game. The same with the Bucs at Arizona. Some weird comments about the Cardinals looking off kilter in the pre-season have us staying away from this one as well. 

But no reason not to take the Lions -6 at home over the Titans. 

The Skins bounce back with a win over the Cowpokes. DC's coach is 3-0 in the second game of the season after losing the first. 

We're riding the Raiders to the AFC championship game!  Take Oakland (soon to be Vegas) -4.5 over the sinking Falcons. 

Under 47 Broncos/Colts; Over 43.5 KC and Texans

Panthers the consensus pick in the survivor pool.  The weak pick today could be the Ravens. Not a great team. On the road. The Cleveland QB Josh McCown has been with the team a while and has a better feel for the receivers than RGIII did and had a good pre-season. We're picking the Brownies +5 as a home dog (you know we love those) in the Dog Pound to win and the Ravens to regress to the norm and lose one. Baltimore is a 9-7 or 8-8 team at best. 




Waiting on Lucy Lew and Immache. 
Check back around 1- waiting for the last few stragglers to pick and we have cross training until about 12:45. 

Friday, September 16, 2016

LIGHT MY FIRE

Update: Several people think the doors were installed to stop fleeing prisoners. But this doesn't make sense. If a prisoner is fleeing and running down the escalators, then the doors are not in his or her way as they perambulate to the first floor. Which reminds us of a story about a fleeing prisoner, Judge Sepe and Kiko Sarasua and a perfectly thrown punch. Next time you see Kiko, as him about it. 

The Richard E Gerstein Justice Building. An enigma. A riddle wrapped in a mystery. There are hidden courtrooms. A third and fifth floors with original and bizarre courtroom architecture that differs from floors two and four.

If the REGJB was a woman, she would be Ilsa- Ingrid Bergman in Casablanca. Who does she really love, Rick or her husband the resistance war hero Victor Lazlo?

And now the mystery of the second floor doors.
 Why are they there? Why are they always closed? Why aren't the doors to the escalators to the other floors also closed?

There are key holes in remote areas of walls in our aged courthouse. There are secret bathrooms, oddly shaped rooms, and hallways that have desks that haven't been used in thirty years.

And now we have the mystery of the doors.

As to the title? The doors- Jim Morrison. "Come on Baby Light My Fire". The Doors. Morrison was prosecuted in the REGJB by the eponymous original State Attorney Richard E Gerstein.
See? It all fits if you are over fifty.

Have a good football "fall" weekend.

Wednesday, September 14, 2016

GET OUT THE PEN AND WRITE

The Third DCA released sixteen decisions in criminal cases on Wednesday. Fourteen were PCA Affirmed. Of the two decisions, one was in a pro se post conviction case affirming a denial without prejudice for the petitioner to properly file the motion, and the second was in a first degree murder case where one of the two burglary convictions were vacated, but the murder conviction affirmed.

Query: Shouldn't criminal defendants be entitled to a short opinion? There seems to be a PCA epidemic lately.

NB: PCAs (Per Curiam Affirmed, literally "Feh! Are you kidding me? Affirmed." ) are for all intents and purposes impossible to appeal further.

Check out DOM's blog, where he reports on the 11th circuit and Judge Rosenbaum writing dissents about the moon and green cheese. At least they're getting opinions in federal court.

See you in court.

Monday, September 12, 2016

" ???" TO THE FEDS?

The federal bench for the southern district of Florida is "littered"  populated with a liberal dose of former State Court REGJB Judges. From former Chief Judge Federico Moreno, to Ursula Ungaro, Joan Leonard, Beth Bloom, Cecilia Altonaga, Bob Scola, and Darrin Gayles, the REGJB has been a feeder to the federal bench. And while we strive to forget the courthouse to the north, Broward has contributed three fine additions to the SDFLA: Judges Cohn,  Rosenbaum and Dimitrouleas.

So our question today is....who's next? Who has that rare combination of talent and political pull to garner an appointment and lifetime job of lunches at Joes and sentencing enhancements for the unpardonable sin of going to trial and losing? It's a good gig if you can get it. 

It's Over Johnny...
The puzzling, unexpected, and sad saga of L'Affair Brennan ala Florida Keys has concluded with the decision not to charge her son with a DUI (Herald article here)-the event that precipitated the Rube Goldbergesque chain of events that ended with an arrest warrant for a circuit judge. 

Truth is stranger than fiction. And Miami truths are stranger than all. 

See you in court.  


Sunday, September 11, 2016

SURVIVOR POOL WEEK ONE FINAL

Lots of people who picked the Seahawks and KC Chiefs are breathing a lot easier after a very close call in both games.

Kudos to Dory Louis, who as always, picked his Miami Dolphins and spit in the face of reason and logic and almost pulled it off. A coward dies a thousand deaths, a hero dies but once. Mr. Louis went down, but he went down fighting.



NFL WEEK ONE


ARE YOU READY FOR SOME FOOTBALL??

It's week one of the 2016 NFL football season. Every team is in first place. Dreams of fame and destiny and holding the Lombardy trophy in late January, 2017, are dancing in the minds of un-drafted rookies and wizened football veterans alike. 

But today the rubber meets the road, and if you go by the early picks in our world famous, earth shakin, viagra-takin Survivor Pool
( (c) JBB 2016 all rights reserved) YOUR Miami Dolphins are in for a rough start and a disappointing season. 




Your Fins are a 10.5 road dog at Seattle, and it's hard to see them competitive this season- we think the Hawks cover. 

We've financed a lavish lifestyle by taking home dogs over the years, and today is no exception. Tennessee Titans getting 3 at home over the injured Vikes. 
J..E...T...S... Jets Jets Jets +2 at home over the Benagls. And also take the over 42. 

We're jumping on the Raiders train this year, and that starts with them getting 3 at the Saints. The O/U 52 is a high number, but what the heck? Lets go ovah. 

Is RGIII for real with the Browns? Not sure, but we like the over 41 with the Browns at Philly. 

Ravens -3 at home against struggling Bills. Is this Rex's last year in Buffalo? Could be. If Bills lose the first few, Rex could be gone before Halloween. Boo!

Get your Survivor Picks In. We're at the Eagles game courtesy of a client so no internet this afternoon, although Blog-interns will be clearing comments. 

Today is September 11. So take a moment to remember, and never forget. 




Wednesday, September 07, 2016

LACTATION ROOM GRAND OPENING .......


THE CAPTAIN REPORTS:

WELL, APPARENTLY IT'S A SLOW NEWS WEEK, SO .......

This and That:

ENQUIRING MINDS WANT TO KNOW? WHERE IS OUR LACTATING ROOM?***

According to a Press Release issued by the 11th Judicial Circuit, there is a big shin dig happening at the Dade County Courthouse on Thursday, September 8th.  Ribbon cutting, dignitaries, food and drink to be served.  The occasion is the opening of a Lactation Room at the courthouse. (We wonder whether Judge Seraphin will be a guest speaker?).

So, paraphrasing Rodney Dangerfield:  "Hey, we get no respect, at the GJB". 



***We received an updated Press Release, which states in part:
 
This project, a joint effort by the County, Miami-Dade FAWL, and the Eleventh Circuit, will be the first lactation room in the Miami-Dade Courts, to be followed in the very near future by the opening of lactation rooms at our other court facilities.
 
“We are very proud to offer this safe, comfortable space for nursing mothers. This room will be especially useful for attorneys and other court participants who often spend many hours here and could really use a quiet space for lactation,” said the Honorable Bertila Soto, Chief Judge of the Eleventh Judicial Circuit.


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

The JNC announces that due to the retirement of Judge Stanford Blake there is an opening on the Circuit Court bench.  Applications to replace Judge Blake are due on September 26, 2016.  Submit your application along with ten copies to:

Daniel Fridman
White & Case LLP
Southeast Financial Center
200 South Biscayne Blvd., Suite 4900
Miami, Florida 33131

SOMEONE WHO IS GETTING RESPECT .......

North of the Border, 33 year old, career prosecutor (8 years to be exact) ASA Jennifer Hilal has been appointed by Governor Scott to an open seat on the Broward County Court bench.  The Sun Sentinel story can be read here.

That's all for your this and that for today.

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

Saturday, September 03, 2016

SURVIVOR POOL 2016

Labor Day Survivor Pool Update: 22 30 + players constituting the South Florida Legal Elite (and some judges) have signed up. Notable absences: David "pollo" Ovalle, former Judge Jon Colby, a usually reliable participant, and any members of the SAO, whose servers still block us.

Special Labor Day Weekend Holiday Update  below: Brennan Cleared! No FF league. 

There are certain hallmarks to the end of summer. The sky turns a deep blue; there's the barest hint of fall in the air, and judges start returning from summer respites at their retreats in the South of France (or Hialeah Lakes) and trials scheduled long ago in April and May, when September was a whisper, now loom large on an attorney's calendar. 

And then there is football and Rumpole's world famous, earth shaking, viagra-taking Survivor Pool. (Yup, we were at the Springsteen concert last week).

Hop in, the water's cool and inviting. 

"How do I play?" you may be saying. 

Piece of cake. It's so easy even those who wear black robes for a living can do it. Here are the rules. 

1) Send an email to FBpool12@gmail.com. NOT to our regular email. 
2) Include in the subject line "I used to be an ASA but I resigned because the work was too hard." 

3) Every week send us ONE pick before the start of the games. If you miss the 1PM games, you can still pick a 4 PM or Sunday or Monday night game. 

4) Once you use that team, you cannot use the team for the rest of the year. Point spreads do not apply. All you need to do is pick one team each week who will win. 

Sounds sooooo easy. A piece of cake. 

So roll up your sleeves, check the games, pick a winner and have fun. 

Enjoy your holiday weekend (viagra or no viagra) and see you in court in about ten days (we don't ever fly home the day after a holiday. Too much hoi poloi in the airports and we don't mingle well.) 

POSTSCRIPT

Judge Brennan cleared!
David Ovalle and the Herald story here.  Close-out memo will be posted below after we overcome some technical difficulties and copyright issues. $2,500 restitution for a $225 windshield covers tax, tag, title, instillation, undercoating, delivery fee, storage fee, restocking fee, and interest and penalties. 


No FF league. We don't have the time to run a fantasy football league- it's not like we wear a robe and show up to court an hour late and then continue everything. We work for a living. BUT....

If someone wants to set up a Justice Building FF league we will bless it, promote it, post the links and the results. 
Also, we are thinking of creating a Draftkings League for our readers. Put your money where your mouth is. 



Thursday, September 01, 2016

HANGING CHADS; GET YOUR MAGNIFYING GLASS OUT ......


THE CAPTAIN REPORTS:

A special prize to the first reader that can name the Judge above (no googling)

And your next County Court Judge, Part One, will be:

Judge Fred Seraphin or Challenger Milena Abreu

The final tally of votes with all 783 precincts reporting has Incumbent Judge Seraphin up by 689 votes.

SERAPHIN - 105,779
ABREU       - 105,090

An automatic recount of the votes cast for the County Judge, Group 5 race in the August 30, 2016 Primary Election, will be conducted, pursuant to Section 102.141(7) and 102.166, Florida Statutes. The members of the Miami-Dade County Canvassing Board will oversee the recount process commencing at 5 p.m. on Thursday, September 1, 2016, and continuing in succeeding days as needed, at the Miami-Dade County Elections Department, 2700 NW 87th Avenue, Miami, Florida.

Miami-Dade County Canvassing Board Members:

Honorable Shelley J. Kravitz, County Judge, Chairperson
Honorable Andrew S. Hague, County Judge, Substitute Member
Christina White, Supervisor of Elections, Member


And you next County Court Judge, Part Two, replacing Judge Jacqueline Schwartz, will be one of these six names sent to Governor Scott today by our local JNC:

Ramiro C. Areces; 7 year member of The Florida Bar (TFB); small firm lawyer in Gables

Alexander Spicola Bokor; 11 year member of TFB; Miami Dade County Attorney's Office.  Handles litigation cases and has worked as legal counsel for Miami Dade Dept of Transportation, Public Works, Property Appraiser and Tax Collector; formerly with Jones Day and Kozyak Tropin

Raul Cuervo; 30 year member of TFB; with Carlton Fields; insurance defense; commercial litigator

Elijah Levitt; 12 year member of TFB; AUSA; former ASA (remember the cat killing case)

Joseph Mansfield; 13 year member of TFB; ASA

Julie Harris Nelson; 20 year member of TFB; insurance defense attorney with ROIG Lawyers; former ASA

The Governor has 60 days to name a replacement.


JAMES "JAY" HOGAN .........

 Please join us for

A Celebration of Hogan

at

The Biltmore Hotel Country Club Ballroom

Friday, September 2, 2016

Eleven a.m.

Remembrances welcome


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


Wednesday, August 31, 2016

POST MORTEM ....OH THE HUMANITY

If he is analyzing his defeat, Judge Bloch should start by looking in the mirror.
First, based on his financial situation, he received a significant amount of criticism for asking lawyers for donations.
Second, he ran a poor campaign. Personally, we never received a phone call asking us to vote early which is where he lost the election coming out of the gate. There was- to our knowledge- no early get out the vote campaign, and no follow-through phone calls to supporters on election day to ensure they voted. We didn't see one poster, one television commercial-nothing other than one mailer. So on what did he spend his money? No idea.
Third, he got only negative publicity from the lawsuit to knock Del Rey from the ballot. Civil lawyers who were his supporters opined that the lawsuit was weak at best.

As to the citizens of Miami-Dade electing a candidate who resigned from the SAO as an intern because the work was too hard, and then lied about being a prosecutor....we have only one quote: "Oh the humanity"....see below. This is a disaster as a pick for judge. Someone who couldn't work past five now, someday, may be given the power to sentence someone to death? Really? This is the best and brightest of our legal community?


Tuesday, August 30, 2016

IT'S ELECTION DAY ... NOW GET OUT AND VOTE .......

12:30am.  With all 783 precincts reporting, a mere 689 votes separate the challengers:

SERAPHIN - 105,779 - 50.16%
ABREU       -  105,090 - 49.84%


(In Florida, a recount of the ballots takes place if the vote margin is 0.5 percent or less. The County Elections Canvassing Board will conduct the recount).





 
 

10:30.   With 96% of the votes having been counted it's:

SERAPHIN - 104,537
ABREU       -  104,142

10:00.  We are ready to call all but the Seraphin v. Abreu race.

Judge-Elect Del Ray over former Judge Bloch
Blumstein v. Perez-Medina in a runoff. Gordon and Scanziani out
Breece v. Rodriguez-Fonts in a runoff. Aponte out
Judge Luck over Roberson
Judge Sarduy over Tauler (YES Tauler)

Judge Newman over Martinez
Judge-Elect Luce over Aponte, BIG, Really, Really Big
Judge Graham over Jimenez

With 92% of the votes counted, Judge Seraphin leads Abreu by 249 votes.

And North of the Border, headed for a run-off Barbara Duffy (29%)and Abbe Rifkin (24%). Mike Satz (52%) over Teresa Williams (48%) for State Attorney.


9:30 Yawn. We are going to sleep. Big early morning sunrise hike scheduled. Basically the returns are what they are below- it's a total toss-up between Abreu and Seraphin  Just checked and with 723 out of 783 precincts reporting, Seraphin pulled ahead by 249 votes, but the race is still way too close to call, and Bloch has probably lost but we can't say for sure. Maybe the Captain will post later but will won't be near a computer until we return around noon. Good night. 

9:15 update- with 697 out of 793 precincts reporting Milena Abreu has a 76 vote lead over Judge Seraphin with almost 205,000 votes cast. Meanwhile Judge Bloch remains 9,318 votes behind. 

Fifth Call of the night: 8:54 PM= Jodie Breece (40%) and Oscar Rodriguez-Fonts (35%) will make the runoff in a circuit court seat. 

Fourth Call of the night- 8:51 PM- The Biggest winner of the night, vote wise, is your new county court judge LINDA LUCE who leads Ruben Alcoba by more than 55,000 votes. This is a landslide. 

Third Call of the Night-8:48 PM- up by 22,000 votes, it's....SARDUY!!! 

Second call of the night-8:35 PM- after an initial scare in the early returns, your county court judge Wendell Graham, confortably ahead by 25,000 votes and with 630 of 783 precincts reporting, will be re-elected and returned to the bench! Congrats to Judge Graham!
Meanwhile things are looking for grim for Bloch- Del Rey continues to hold on to a 9,300 vote lead, and there are less and less places on the map where Bloch can make it up. In fact we are not sure there are more than 10-12,000 votes left to tally 
There are 36,000 votes to tally and that makes his comeback a very very slim possibility at this hour.
Bloch needs to win 26,500 out of the 36,000 to pull even. And that's assuming Bloch is listed on every ballot, which is an incorrect assumption. This could well be the end for his current judicial career. 

Meanwhile, in the tightest race of the night, Milena Abreu is clinging to a 665 vote lead over Judge Seraphin with a total of almost 200,000 votes cast. WOW. 


Our first call- Looking at the returns, based on the map and the precincts left, prior voting patterns, and leading by 15,000 votes....ROBERT J LUCK has been returned to the bench and will 
continue to be a circuit court judge. 
Interesting observation- Both Luck and Block took the south and Homestead area. But when you move into the Pinecrest, Gables, South Miami areas, Luck won that as well, but Bloch did not and that is shaping up to be the difference here between these two incumbents. 


Early Returns: 7:30
No precincts have fully reported, so take this with a grain of salt.
Graham has pulled ahead of Jimenez 55-45.
Luck is maintaining a 55-45 lead over Roberson as is Sarduy over Tauler.  While Newman and Abreau lead Martinez and Seraphin 51-49 each.

But in the biggest and most closely watched race of the night, Judge Bloch trails Del Rey 51-49 and by a total of about 9500 votes.


THE CAPTAIN REPORTS:

ELECTION CENTRAL - 2016 JUDICIAL PRIMARY


Welcome to our bi-annual Blog Post on Election day.  Today is the day where as many as nine of the names listed below will be hired (or rehired) by the voters of Miami-Dade County to the position of Circuit or County Court Judge.  The job interview began for many of these candidates more than a year ago and the process has been long and arduous.  These candidates have had pastelitos for breakfast in Homestead, arroz con pollo for lunch in Hialeah, and matzah ball soup and corned beef for dinner in Aventura, as they trekked across our very large County selling themselves to the voters.

At least seven of the contests will be decided by the close of the polls tonight.  There could very well be a run-off in two Circuit Court contests.

Good luck to all of the candidates.  We will begin reporting the results shortly after 7:00 PM.


Here are your contested judicial races:

CIRCUIT COURT

Circuit Group 9 - Incumbent Jason Bloch v. Marcia Del Rey

Circuit Group 34 - Mark Blumstein v. Renee Gordon v. Denise Martinez-Scanziani v. Luis Perez-Medina.  (Judge Gill Freeman retiring).

Circuit Group 52 - Rosy Aponte v. Carol "Jodie" Breece v. Oscar Rodriguez-Fonts. (Judge Michael Genden retiring).

Circuit Group 66 - Incumbent Robert Luck v. Yolly Roberson

Circuit Group 74 - Incumbent George "Jorge" Sarduy v. Elena Ortega-Tauler

COUNTY COURT

County Group 5 - Incumbent Fred Seraphin v. Milena Abreu

County Group 7 - Incumbent Ed Newman v. Lizzett Martinez

County Group 15 - Ruben Yury Alcoba v. Linda Luce (Judge Judith Rubenstein retiring).

County Group 35 - Incumbent Wendell Graham v. Antonio "Tony" Jimenez

NORTH OF THE BORDER .....

We will also keep our eyes on the election in Broward's Circuit Court Group 15 where incumbent Judge Matthew Destry has his hands full with four challengers including our own ASA Abbe Rifkin.  Good luck to Abby.

A NEW WEB SITE FOR THE 11TH JUDICIAL CIRCUIT .....

Holy hotcakes, Batman.  Did you say that our Circuit actually has a new web site.  Why yes, Robin, we understand that Miami-Dade bigwigs went straight to the founder of the Internet, former VP Al Gore, and, with his help, they have developed a state of the art, first of it's kind, never before seen, website for the ages.

You can peruse the new web site by going here.


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

Monday, August 29, 2016

OF HOT DOGS AND FOOTBALL PLAYERS

Two items caught our eye as we repaired to our Labour Day retreat a week early for some well earned rest (just ask the AUSA in Virginia about the tax case that went **Poof** if you see her).

Item One: Colin Kapernick, NFL QB, refused to stand for the national anthem this weekend and further announced that he would continue not to stand because he doesn't believe this country treats people of colour with equality and fairness.


Item Two: Anthony Weiner, former representative and current Twitter addict will be seperating from his wife, Huma Abedin, close aide to Hillary Rodham Clinton, after the NY Post revealed yet another "sexting" scandal.
Abedin and Weiner in happier times
Good for Mr. Kapernick we say. Not because we agree with his views or his manner of protest. We don't- at least as to his protest. Men and women, including men and women of color died in wars so the national anthem celebrating our values could be played. But it is not in the easy protests that freedom and democracy are tested. It's not in issuing the permit to allow the Green Party to picket a nuclear power facility that democracy is tested. It is in ensuring that Nazis can march in Illinois, or that the Klan can stage a rally, that the real limits of democracy- no matter how odorous and repugnant the political ideals being advanced- are tested. 

Not to compare Mr. Kapernick's thoughts about race to the American Nazi party or the Klan. Kapernick's concerns are much more well placed. But it is in the disruptive nature of the protest that we applaud Mr. Kapernick. Living in a free society gives its members the right to stand and sing, or sit, and we are all so much the better off for it. 

As to Mr. Weiner and his proclivity to sext pictures of, well, his you-know-what, it's about time his long suffering wife said "enough". Bill and Hillary Clinton's marriage endured the ups and downs of Bill Clinton's philandering, while Ronald Wilson Reagan's first marriage did not endure the problems he had with Jane Wyman. Such is life.  A man committed to family values becomes the first divorced president, while an adulterer managed, somehow, to save his marriage. 

Ms. Abedin has a great future ahead of her- perhaps as President Clinton's chief of staff. Certainly as Ms. Clinton's special assistant. Such responsibilities come with a West Wing Office and security clearances. She has suffered enough. Good riddance. 

Lolling around into Labour Day- will be soon print our recommendations for good holiday reads. Any other topics you faithful readers want addressed before the holiday? Like who is coming to replace Judge Brennan? We've heard - in no particular order- Bronwyn Miller, David Miller, Mavel Ruiz, or the Notorious RBG. 

See you in court in a few weeks.


Friday, August 26, 2016

BAGLEY BLOCKS BLOCH

Unrelated Update: A client writes in about the late Stuart Mishkin.
We sometimes receive comments from posts posted long ago. Sometimes we think they deserve to be read by everyone. 
The late Stuart Mishkin (click on his name for our original obit) was an REGJB regular, and this comment-written by a client- captures a wonderful side of him.

I just found this post. Mr. Mishkin crossed my mind after watching unsolved mysteries on t.v. In 2003, my then boyfriend got into some trouble an ex provoked him into. We were recommended to call Mr. Mishkin by our bondsman, Paz. We did after learning the hard way with a learned lesson and a horrible traffic lawyer my husband used. Mishkin was so caring of the case and us. Intimidating none the less, bit still sweet as pie. He even offered to marry us if we were still together a year later. We actually got married in May of 2008. Ironically so. Been together since Oct 2002. If it wasn't for Mr. Mishkin defending my husband back then, I wonder if things would have turned out the way they have. He kept us together, helped maintain our bond and strength through trying times. We are forever thankful. May he rest in bliss! Brian and Ada on

BLOCH BLOCKED
Like so many plaintiffs before him, he went to court with the promises of untold riches whispered in his ear by his attorneys.
His day in court.
Justice, that elusive concept, would finally materialize.

But Judge Bagley saw it different on Friday, ruling that Judge Bloch's lawsuit to toss his opponent off the ballot like some cheap suit a Hialeah courtroom hack dons  didn't have a leg or ballot box to stand on.

Bloch had brought suit against one Marcia Del Rey, she of the failed internship at the State Attorneys Office (too much work) and partial ownership in a string of hot-sheet motels that rent rooms by the hour, and dreams of amazing carnal knowledge in jungle themed rooms (so we have been reliable informed).

But it was Bloch who was short-sheeted and perhaps the receiver of a crude four letter colloquialism for sex when Bagley ruled that before the court could consider the very drastic measure of disenfranchising the voters of Miami-Dade who have Del Rey on their mind, Bloch should have filed an ethics complaint.
Florida has an ethics commission! Who knew? It's like hell having an ice skating rink. 

So now it's down to ballots at noon and the votes will be counted and we shall see which scion of a family fortune reigns supreme on the circuit bench for the next six years.

Stay tuned- voting ends this up coming week.

Enjoy the no-storm weekend and we will see you in the voting booth next w