Wednesday, November 12, 2025

Rest in Peace, Judge Dube

By John R. Byrne

Sad news. Judge Dube, who served our Court as a magistrate judge for seventeen years, has passed away. Judge Dube served from 1996 to 2013. He also served our country as a Marine before attending the University of Miami for both his undergraduate and legal education. 

Below is David's 2013 post commemorating Judge Dube's retirement. Rest in peace, Judge Dube. 

********

Judge Dube retires

Magistrate Judge Dube has been part of the court family for a long long time.  Today he retired, and the court had a nice luncheon for him.  In classic Dube fashion, he started off his remarks: "I am a humble man, but I agree with all the nice things you said about me."  Good stuff. 

When I was a clerk back in 1997, Judge Dube made a point of introducing himself to the new clerks and offering any help we needed in figuring out how the court worked.  He also helped us all get involved in the Federal Bar Association, a group he ran for over 25 years.

His longtime clerk Lourdes Fernandez gave some really nice heartfelt remarks about her 10 years with Judge Dube.

He's a good man.  





Judge David William Dyer

By John R. Byrne

This week Judge David William Dyer is in the spotlight. President Kennedy appointed him to our district in 1961 and he served until 1966. Why the short stint? In 1966, President Johnson appointed him to what was then the United States Court of Appeals for the Fifth Circuit (the Fifth Circuit later split to create the Eleventh Circuit). As a district judge, Judge Dyer issued a decision desegregating restaurants that served travelers on Florida's turnpike. 

In 1997, Miami's historic downtown federal courthouse was named after Judge Dyer. A bunch of big trials were held there, including the Noriega trial. It's been closed now for years and it's unclear what they're going to do with it. 


Portrait and FBA post below. 



Hon. David W. Dyer was nominated by President Kennedy and served on the district court from 1961-1966. In Goldberg v. Saf-T-Clean, Inc., 209 F. Supp. 343 (S.D. Fla. 1962), Judge Dyer found Saf-T-Clean, Inc. and its president violated the Fair Labor Standards Act and granted an injunction to prevent further violations.

Tuesday, November 11, 2025

Judge Martinez Receives Davison Award

By John R Byrne

It's hard to find a bigger fan of the U than Judge Martinez. For a while, he even did the Spanish language broadcast for some of the sports teams. Recently, UM Law awarded him the Davison Award, an award given annually to a distinguished alumnus of the law school. Several of our judges came out to celebrate him (picture below)


From Left to Right: Judge Sanchez, Judge Lopez-Castro, Judge Moreno, Judge Becerra, Judge Martinez, Judge Damian, Judge Altonaga, and Judge Isicoff. 

And a Happy Veteran's today to all the blog readers who've served this country. 


Sunday, November 09, 2025

The talk of the town

 Everyone has been talking about the grand jury investigating Trump's "grand conspiracy" theory here in the Southern District of Florida.  Bloomberg covered it last week (including two AUSAs being fired or having to resign --depending on who you ask -- for not participating) and the New York Times has the story this morning. From the Times:

Far-right influencers have been hinting in recent weeks that they have finally found a venue — Miami — and a federal prosecutor — Jason A. Reding Quiñones — to pursue long-promised charges of a “grand conspiracy” against President Trump’s adversaries.

Their theory of the case, still unsupported by the evidence: A cabal of Democrats and “deep-state” operatives, possibly led by former President Barack Obama, has worked to destroy Mr. Trump in a years long plot spanning the inquiry into his 2016 campaign to the charges he faced after leaving office.

But that narrative, which has been promoted in general terms by Mr. Trump and taken root online, has emerged in a nascent but widening federal investigation.

Last week, Mr. Reding Quiñones, the Trump-appointed U.S. attorney for the Southern District of Florida, issued more than two dozen subpoenas, including to officials who took part in the inquiry into ties between Russia and Mr. Trump’s 2016 presidential campaign, according to people with direct knowledge of the matter.

Among them, they said, were James R. Clapper Jr., the former director of national intelligence; Peter Strzok, a former F.B.I. counterintelligence agent who helped run the Russia investigation; and Lisa Page, a former lawyer at the bureau.

 Bloomberg has more details about the politics inside the office:

The national security unit has long been organized as a section within the office’s criminal division, but Reding Quiñones this week informed staff that he stripped the criminal chief’s authority by ordering the national security group to start reporting directly to the US attorney’s executive office, according to a Nov. 3 email obtained by Bloomberg Law.
That announcement came 14 hours after prominent MAGA influencer Jack Posobiec denounced the criminal chief, Peter Forand, on X for donating $2,300 to the 2024 Kamala Harris presidential campaign and other Democratic causes.

Forand will “be in charge of” of the newly empaneled grand juries “to investigate Crossfire Hurricane and the Mar-a-Lago raid conspiracy,” Posobiec posted. “Can Forand be trusted to fairly investigate the Biden regime and Jack Smith if he’s friends with them and donates thousands of dollars to them?”
About two hours after Reding Quiñones emailed out the new leadership structure, Posobiec referenced his earlier Forand criticism in a new post to his 3.2 million followers: “UPDATE: Hearing good things on this.”
Forand, who former colleagues say has operated as a nonpartisan prosecutor willing to implement any administration’s objectives, had previously been removed from an office directly outside of Reding Quiñones’ executive suite to a different part of the building, three people said.
That office space is now occupied by a newly hired chief of staff to the US attorney—an unusual position under any top prosecutor. That chief of staff, Jim Poland, is an FBI agent on detail, who’s overseeing the office’s “non-litigation and administrative functions,” Reding Quiñones wrote to staff Nov. 3.

 

Thursday, November 06, 2025

2026 Red Mass

By Jordi C. Martínez-Cid

Yesterday was the Red Mass of the Holy Spirit at Gesù Catholic Church. The Miami Catholic Lawyers Guild organizes the event every year. The Lex Christi, Lex Amoris Award was presented to Chief Judge Altonaga by Judge Ruiz. For those of you whose Latin is rusty, the award translates to Law of Christ, Law of Love. The mass was presided over by Archbishop Wenski, pictured below with the aforementioned judges.

Wednesday, November 05, 2025

Judge Emett Clay Choate

By John R. Byrne

We're moving into the '50s now with our SDFLA judges, featuring Judge Emett Clay Choate today. Judge Choate presided over some interesting cases in our district, including the case of a man (Richard Paul Pavlick) who tried to assassinate then President-elect John F. Kennedy. FBA write up below. Served in World War I and practiced in Oklahoma and New York before moving to Miami. 


Judge Choate was nominated by President Eisenhower and served on the district court from 1954-1974. In Moorhead v. City of Fort Lauderdale, 152 F. Supp. 131 (S.D. Fla. 1957), aff’d, 248 F.2d 544 (5th Cir. 1957), Judge Choate ordered the Miami City Commission to end segregation on the municipal golf course.

Tuesday, November 04, 2025

Howe on the Court

By John R. Byrne

One of the best events our local chapter of the FBA puts on every year is the Supreme Court roundup with Amy Howe. The co-founder of SCOTUS blog, Amy's been covering the Supreme Court beat for years and has also argued before the Court. Always a great turnout from our bench at this lunch. 

This year's event will be at Coral Reef Yacht Club in Coconut Grove on Tuesday, November 18. You can buy your tickets here


Monday, November 03, 2025

Should CJA lawyers (and PDs) start refusing appointments?

 There's whispers going around that this might happen because they haven't been paid in many months because of the shutdown.  And could you blame them?  

From Reuters:


As the U.S. government shutdown disrupts paychecks for federal workers across the country, it is exacerbating the financial woes of lawyers who defend the poorest members of society when they are accused of federal crimes.
Some of the private attorneys who work as court-appointed lawyers for indigent federal criminal defendants have stopped taking new cases and have argued that their clients are being denied their right to effective counsel, according to court records and defense lawyers.
About 12,000 private lawyers across the U.S. serve on court-managed panels that provide counsel to defendants who cannot afford to hire an attorney. The program that compensates these lawyers under the Criminal Justice Act ran out of money in early July, and the shutdown - now in its 34th day - has resulted in Congress not authorizing any new funding.
Lawyers who serve on these panels represent about 40% of criminal cases against people who cannot afford attorneys, according to the Administrative Office of the U.S. Courts. The remaining 60% of indigent cases are handled by full-time federal public defenders who work for the court system. Since mid-October, they have been working without pay as well.