Wednesday, July 19, 2017

THE FRAGILITY OF LIFE

THE FRAGILITY OF LIFE

The Miami legal community lost two very different lawyers this week. 
Naphtali Wacks was murdered by a reckless driver who rammed his car into the back of Wacks' car as he drove to work. 

We can't help but think that Naphtali woke up like he did any other day, performed his morning ablutions, got into his car, and drove to work, not realizing that his days were numbered. Of course there is the denial of this tragedy. "If he had only lingered over his coffee five minutes longer...If he hadn't made that light on the way to causeway he would have been delayed five minutes and wouldn't have crossed paths with the man who killed him."

But fate had other plans, and Naphtali's life crossed paths literally with a man who had literal regard for human life, and Naphtali lost his life in a senseless tragic accident. 

Friday morning came work that civil super-star lawyer Ervin Gonzalez had committed suicide. Mr. Gonzalez is the second high profile lawyer in Miami to take his own life recently. It seems like only yesterday when Richard Sharpstein made that same, tragic decision. 
It was just a few weeks ago that Attorney Ken White died suddenly of a cardiac event.

Some lived and wanted to die. Some died, wanting to live. 
And life for us plods on. 

All of these men had much to live for. And yet they are gone. Forever. Death brooks no appeals. There is no waiver. The judgment is final and eternal and irreversible. 

We get up every day and yet some of us are living our last day and don't know it. 

What we take for granted has a fragility that we mask behind our daily denial of the inevitable. 

There is no real end to this dark billet-doux. Just the musings of an older, rumpled, exceptional trial lawyer, who on this rainy day, is a bit morose about life and its fragility. 

From Occupied America....Affirm Life.  

Tuesday, July 18, 2017

HOW TO GET ELECTED JUDGE: 101 ......

HOW TO GET ELECTED JUDGE: 101 ......


THE CAPTAIN REPORTS:

REALLY NORTH OF THE BORDER ......

VOTE FOR ME - MY OPPONENT REPRESENTS MURDERERS, RAPISTS, CHILD MOLESTERS AND OTHER CRIMINALS


Vote for Dana Santino for County Court Judge said the campaign flyer. Her opponent, Greg Lerman, is a criminal defense attorney who has spent his career "representing murderers, rapists, child molesters and other criminals".

Sound somewhat familiar? It happened in Miami-Dade County in 1996, and that campaign tactic worked here too. Yes, Dana Santino defeated her opponent Greg Lerman by just under 15,000 votes in Palm Beach County on November 8th  by a count of 248,765 - 233,949.

Criminal defense attorney and FACDL member Joseph Bell wrote a post on the FACDL Blog concerning the Santino v. Lerman campaign entitled: "Fundamental rights are at stake in Palm Beach County judicial race" that can be found here.

The Santino campaign’s response to the criticism went something like this: "Mr. Lerman is not a public defender and chooses to represent individuals who may have committed heinous crimes." In addition, Santino’s campaign also used social media to attack her opponent, using a Facebook page to criticize Lerman because he "chose to represent [a] serial killer."

Palm Beach County’s Judicial Campaign Practices Commission, a judicial ethics advisory panel, weighed in on Santino’s campaign stating that: "Santino’s statement is inflammatory and ignores that such legal work is based on bedrock constitutional rights". "It implies that representing such persons is dishonorable and antithetical to the public good, when, in fact, the representation of persons accused of crimes — even heinous crimes — is an essential component of our criminal-justice system". The Commission went on to state that "the email is rife with the innuendo that Mr. Lerman would favor even the worst of the worst from the bench (whereas, by implication, Ms. Santino would not),". "The Facebook post suggests the same."

Santino’s campaign consultant, Richard Giorgio, was more blunt, responding to the Commission’s findings by stating that: "Mr. Lerman is desperate. His supporter filed this last minute complaint in an attempt to generate some press for his failing campaign." County Court Judge-Elect Santino also weighed in, stating: "I appreciate the opinion of the commission; however, as the commission itself discloses in their letter, it is just that – their opinion,"; (the commission has no power to force Santino to do anything or to punish her. It’s opinions are purely advisory). The Palm Beach Post covered the story here.

So, the next time you have the pleasure of appearing in County Court before the soon to be Honorable Judge Santino, be forewarned of the value she places in your role as an advocate for the defendant in your case.

BONUS: Who can name the winner and loser of the 1996 Miami-Dade County judicial race where this same practice of calling out your opponent for representing "criminals" took place?

NORTH OF THE BORDER .......

The State Attorney’s Office, AKA The Office of Michael Satz, has no home. As a result of sick prosecutors and staff refusing to remain at the Broward County Courthouse 6th floor offices, the Chief Judge is looking to move the employees to either the County Law Library or across the street into offices at the 110 Tower. No less than 134 SAO employees have signed up to move due to illnesses they have experienced. The Sun Sentinel covers the story here.

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

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. 





Monday, July 17, 2017

SO, YOU WANT TO BE A JUDGE - Florida Supreme Court - 3rd DCA - Circuit Court .....

SO, YOU WANT TO BE A JUDGE - Florida Supreme Court - 3rd DCA - Circuit Court .....


THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A FLORIDA SUPREME COURT JUSTICE .....?

As a result of the retirement of Justice James Perry, who has announced his retirement effective December 30, 2016, the Florida Supreme Court’s JNC interviewed 11 candidates and nominated three to Governor Rick Scott. The judge must reside within the jurisdiction of the 5th DCA.

The three finalists are:

Wendy Berger, a 5th District Court of Appeal judge

C. Alan Lawson, chief judge of the 5th District Court of Appeal in Daytona Beach

Daniel J. Gerber, of the Orlando office of the law firm Rumberger, Kirk and Caldwell

All three candidates were heavily promoted by The Federalist Society. Promises from many of those interviewed went something like this: 'I promise to maintain my conservative principles; to not legislate from the bench; to bring to the bench a core set of conservative principles; I admire Justice Canady for his judicial philosophy and for his frequent dissenting opinions; I am an originalist', etc etc etc. All of the finalists were praised by Federalist Society's Florida Co-chair Jason Gonzalez as being "imminently qualified and hav[ing] demonstrated a textualist judicial philosophy similar to that of the late Justice Antonin Scalia".

SO, YOU WANT TO BE A 3RD DCA JUDGE ..... ?

Also in the news, with the retirement of Judge Frank Shepherd from the 3rd DCA, the JNC accepted applications from four sitting judges and seven lawyers who have applied for the open spot on Florida's Third District Court of Appeal.

Those that have applied include:

Miami-Dade Circuit Judges Norma Lindsey, Robert Luck and Bronwyn Miller and Broward Circuit Judge Carlos Rodriguez.

The other applicants are:

• Assistant U.S. attorney Jonathan Colan
• Michael Dono, Hamilton, Miller & Birthisel, Miami
• Miami Deputy City Attorney John Greco
• Susan Scrivani Lerner, public defender, Miami
• Former Miami-Dade County & Circuit Court Judge Fleur Lobree, now with the Miami-Dade State Attorney's Office
• William McCaughan, K&L Gates, Miami
• Assistant Miami-Dade County attorney Oren Rosenthal


The Governor also will be naming a new Miami-Dade Circuit Judge before the end of December to replace Judge Stan Blake.  Finalists include: Jason E. Dimitris; Ayana N. Harris; Spencer Jet Multack; Victoria del Pino; Lourdes Simon; and Andrea Ricker Wolfson.

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

Sunday, July 16, 2017

SO NOW YOU'RE A JUDGE IN CRIMINAL COURT

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.  


Saturday, July 15, 2017

TRUMP & MERKEL

TRUMP & MERKEL

We've obtained the transcript of the private meeting between Chancellor Merkel and President Trump. Conversations in italics are in German, between Merkel and her translator. 

DJT: Welcome Madame Chancellor. 
AM: Thank you. 
DJT: I know you have an election coming up, may I give you some advice?
AM: Certainly. 
DJT: Hire your own crowd counters at the inauguration.  Have them all carry those clicker things. Get your own count. Your opponents will use the crowd size against you. I had the biggest crowd in the history of the world, and yet...
AM-Int: He's mad. 
Int: Steady Madam.
DJT: You owe us money for NATO. You can pay in those German Marks.
AM: Mr. President, we use the Euro now. 
DJT: I've been thinking about using nuclear weapons. We've paid for them. Why not use them? When President Eisenhower ordered General Patton to nuke those German cities, it was tough at the time, but you made it back. I'm told you have the biggest economy in Europe. 
Aide: Mr. President, the Vice President is on the phone. 
DJT: Tell him to call back later. As I was saying, we don't win anymore. And nukes will win for us.
AM-Int: How could the Americans have done this? This man is crazy, and stupid. Nobody can take him seriously. 
DJT: Speaking of winning, We're going to ban all BMWs made in Mexico. I'm sorry about this, but it has to be done. 
AM: We don't make BMWs in Mexico.
DJT: Of course you do. I saw it on Fox News last night. Plus, the tapes show you are. The tapes of you on the phone....hahaha that's just a joke. Obama stopped taping you when he started taping me. 
Aide: Speaker Ryan is on the phone with a health care issue. It's urgent. 
DJT: NOT NOW! Listen, I'm thinking that the way to solve this NATO thing is to have us move our armies to the south and east. Face off against the French. You know how they are. Not trustworthy. 
AM: But to our west?
DJT: Putin has you covered. He's thinking of setting up a buffer zone in Poland. Protect you from the west and Russia from the east, and it will cost a whole lot less. Problem solved. My guy Jared actually thought of it. After he met with Putin last week. 
AM-Int: It's the Hitler-Stalin pact all over again. This nut wants us to divide the Poles...again! I won't be a part of this. Tell him I'm not feeling well. I have to get away from this madman. 
DJT: Here's the people you need to worry about. The British. And the English too.  That James Bond stuff is real. Fox News says Obama can leave a small pen in the room and whamo! they can record everything. It gets sent by telegraph and satellite to the Australians.. by the way didn't you invade Australia in world war two? Big mistake leaving. Tremendous mistake...
AM-Int: He doesn't know the difference between Austria and Australia, I don't know what to do here.
Aide: Mr. Putin on the phone for you Mr. President.
DJT (jumping up) I need to take this. Be right back. ..Mr. Putin....yes...she's here...told her about Poland...loved it...thought it was a tremendous idea....yes....and yes sir....and yes, right away....yup...he did tape me....fake news...yes...I saw it ....yes....yes....anything you say big guy....


Two Type Lawyer : Barristers, Solicitors, and attorney






miami lawyer Criminal-There are two types of lawyer who practice inEngland. They are called Barristers andSolicitors. In the USA and most other countries, lawyer don’t make this distinction – a lawyer is simply know as an attorney at law or an Attorney.
In both England and the USA, it is not possible to take a special exam to be a judge. If you decide that you want to be a judge, you must get a lot of experience as a lawyer first, then apply to be a judge and wait to see if you are chosen.

Most law students in England become solicitors when they finish their university studies they do a one year legal practice course and then a two year training contract with lawyer firm. After that, they are qualified solicitors. 

Many solicitors work for legal practice, which is usually a partnership of solicitors who work together. Solicitors practice in many areas of law, although each solicitors usually choosen to specialise  in one particular area. They represent their clients both in and out of court. 

We often describe this as acting for a client. The process of making claim in the civil court is called litigation.

Barristers are usually self-employed lawyers but can work in partnerships in the wat that solicitors do. They are specialists in advocacy, which is the skill of speaking for someone in court. We call this pleading a case. They also give opinions on areas of law to solicitors and the solicitors client. It is not just barristers who have the right of audience in court. Solicitors are also allowed to represent their clients in court every day. It is not true to say that a client always needs a barrister in court

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