BREAKING -- Rumors regarding district judge openings UPDATE -- Rumors confirmed!

Well, this wouldn't be printed if it were a newspaper or a legitimate publication, but because this is a blog, and I trust my sources, I am going to post the rumor that is being whispered about around town. Again, this isn't confirmed, but if it's being discussed at La Loggia, it can be discussed here too.

As we all know, 4 names were sent up by the JNC to fill Judge Gold's seat. Apparently, the White House is vetting two of those names, John Thornton and Robin Rosenbaum -- one to fill Judge Gold's seat and one to fill Judge Jordan's seat (see below; his confirmation hearing is next week).

If the rumor is true, congrats to Judges Thornton and Rosenbaum!

If anyone out there can confirm or refute this rumor, please email me and it will remain anonymous. Thanks.

UPDATED -- It's confirmed. Congratulations to Judge Thornton and Judge Rosenbaum! Here's hoping that the President and Senate move quickly.

New Federal JNC named

From John Pacenti's column:

The Judicial Nominating Commission that recommends candidates for federal judicial openings and other key federal positions in Florida has been overhauled.

Seven new members have been named to the Southern District panel, and former U.S. Attorney Kendall Coffey remains chair. The commission's makeup was criticized in 2009 by some black and women attorneys for its lack of diversity. U.S. Sens. Bill Nelson and Marco Rubio have addressed some of those concerns.

Of the six members who left the commission, only one is a woman. And of the seven new members, three are women. At least one of the newcomers is black: Miami-Dade prosecutor Cynthia Johnson-Stacks.

Other new members include Vivian de las Cuevas-Diaz, apartnerat Broad and Cassel in Miami; Coral Gables attorney Eduardo Lacasa; plaintiff attorney Ira Leesfield, founder of Leesfield & Partners in Miami; Dexter Lehtinen, partner at Tew Cardenas in Miami; and Jon A. Sale, a partner in Sale & Weintraub in Miami.

The panel also will include lay member Carey Goodman, who is blind and a key player for the Monroe County Republican Party.

Departing members are Coral Gables litigator Gonzalo Dorta; political strategist Jillian Hasner; Luis J. Perez, a partner at Hogan Lovells in Miami; S. Danny Ponce, partner at Holland & Knight in Miami; Fort Lauderdale lawyer Justin Sayfie; and Stephen Zack, president of the American Bar Association and Miami administrative partner with Boies Schiller & Flexner.

They have some work to do -- Judge Gold's seat is still open and applications haven't even been asked for yet...

UPDATE -- Cynthia Johnson-Stacks isn't a prosecutor; she's a county attorney. And S. Danny Ponce is a partner at Legon, Ponce, and Foodman.

Judge Gold to take senior status in January

I remember when Judge Gold was sworn in -- I was clerking for Judge Davis at the time.  All of the clerks were invited to the ceremony, which back then was held in the old courtyard and catered by Christy's.  Judge Gold made a point of introducing himself to all of the clerks; he was very nice. 

He quickly became known as one of the best, most respected judges in this District.  Luckily, he intends "to continue to render substantial judicial service as a senior judge." Gold also wished Obama "well in these challenging times."

What I appreciate about him is that he holds lawyers to the highest standards.  He believes that the profession is a noble one.  I also appreciate that he writes a number of opinions, probably the most in this District.  From orders on motions to suppress to sentencing orders, Judge Gold often writes -- which is rare in criminal cases in this District.  Accordingly, the parties who appear before him -- win or lose -- know that he has given a great deal of consideration to their issues. 

From the DBR:  Gold, who sits in Miami, was nominated by President Clinton in 1997 when U.S. District Judge Jose Gonzalez Jr. went on senior status. A graduate of Duke University law school, Gold served as a Miami-Dade prosecutor from 1971 to 1975 before going into private practice. He served as a Miami-Dade circuit judge from 1993 to 1997 before his nomination to the federal bench. *** The question is how long will it take to replace Gold. The Obama administration’s nominations have lagged in the U.S. Senate. U.S. District Judge Daniel T.K. Hurley in West Palm Beach took senior status in February 2009. Federal Defender Kathleen Williams was reported as the front-runner to replace him last December, and she is still awaiting confirmation.

“These two judges are fed up with the government’s efforts to clean up the Everglades.”

Nothing like a good Guy Lewis quote on Monday Morning. He's talking about Judges Moreno and Gold. He continues: “You’ve got two of the finest judges in the district, and both are as patient as Job, and they have come to the conclusion that enough is enough.”

The DBR article covering the Everglades cleanup is here. Some more:

Lewis said Gold and Moreno have drawn a line in the sand after giving government agencies the benefit of the doubt for years. “They want to believe their orders are going to be complied with and the government in good faith is going to clean up our backyard, and it’s not happening,” Lewis said. “It’s a shame it’s gotten to the point the tribe and others have to go in and say, ‘Please, judge, force government to live up to its lawful obligation.’ It’s extraordinary.” Everglades restoration has been slow going, but a $7.8 billion restoration plan signed by President George W. Bush and Florida Gov. Jeb Bush in 2003 shows limited success. “Rule No. 1 in politics is the big dogs eat first,” Guest said. “There is a lot of talk and not much walk. … Everglades restoration entered into a Dark Ages under the Bush administration. The projects didn’t get funded even though they were spending money on all sort of things. They built up this giant budget deficit, and it didn’t go to Everglades restoration, and it could have.”

***

Lehtinen said Everglades water quality has been somewhat improved thanks to a judiciary that wants to see the cleanup project through. “If you beat them about the head and shoulders enough with court orders, you do see some progress,” he said. “These judges are critical.”

"Glacial slowness''

That's what Judge Alan Gold said about the EPA in a "blistering" order that accuses the agency of ignoring the judge's previous orders. From reporter Andy Reid:

U.S. District Judge Alan Gold in Miami blamed the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection for failing to heed his 2008 ruling that directed the agencies to enforce water-cleanup standards that were supposed to begin in 2006.
Instead, federal and state officials have opted for a 10-year extension to enforce tougher standards to clean up phosphorus in water that flows to the Everglades.
On Wednesday, Gold ordered the EPA and DEP to ``immediately carry out'' his previous mandates or face fines and sanctions for violating the federal Clean Water Act.
Gold also called out the South Florida Water Management District, which leads Everglades restoration. Gold said the district ``has chosen to ignore'' the court's call to enforce the water-quality standard.
``The hard reality is that ongoing destruction due to pollution within the Everglades Protection Area continues to this day at an alarming rate,'' Gold said in his ruling.

Gold isn't the only judge who is upset:

Gold became the second federal judge in recent weeks to raise concerns about the repercussions of the U.S. Sugar land deal on already-overdue Everglades restoration efforts.
U.S. District Judge Federico Moreno on March 31 ordered construction to resume on an Everglades restoration reservoir that had been shelved as the district tried to finalize the still-pending U.S. Sugar deal.
The unfinished reservoir in western Palm Beach County has already cost taxpayers almost $280 million.
The Miccosukee Tribe, which contends that Everglades restoration is off course, filed the legal challenges that led to both judges' rulings.
The tribe has also teamed with U.S. Sugar competitor Florida Crystals to wage a legal fight to try to stop the U.S. Sugar land deal.
They argue the deal threatens to take money from other restoration efforts, such as the reservoir, and would lead to further restoration delays.
"You are supposed to be cleaning up the water,'' Miccosukee attorney Dexter Lehtinen said. "They are abandoning the already existing plans. It's a deliberate ignoring of the requirements.''

Federal Bar Association lunch

Fun event today with Judges Gold and Jordan. (Yes, that's my terrible phone camera picture to the left.)

Some of the topics discussed:

Facebook, Blogs, and Roshambo.

And there was even a question about how Iqbal has been affecting the courts. Perhaps SFLawyer was in the audience...

Down goes Ranck

The Herald reports that Judge Gold dismissed David Ranck's case yesterday. I will post the opinion when I get to the office. (UPDATE -- Here it is) I'm sure Rumpole will have more. In the meantime, here's the Herald's summary:

A veteran prosecutor Tuesday lost his free-speech lawsuit against State Attorney Katherine Fernández Rundle, who had suspended him last year for posting on a blog his own internal memo criticizing her handling of a controversial fatal police shooting.
U.S. District Judge Alan Gold found that Miami-Dade prosecutor David Ranck had a constitutional right to post the memo on the Internet, but he couldn't pursue the First Amendment case against his boss.
The reason: His 30-day suspension without pay was also based on other employment violations -- including unprofessional conduct during a murder case in which he called a defense attorney an ''a--hole,'' leading to a mistrial. ''[Ranck] has not established he was deprived of his constitutional rights when he was suspended by his employer,'' Gold wrote in a 28-page ruling.
In a statement, Fernández Rundle said she was ``gratified by the court's comprehensive decision dismissing this case.''
But Ranck's attorney, Allan Kaiser, said the judge's decision was ''almost a vindication'' for his client.
''The crux of the case was that he had a constitutional right to alert the public through his memo on a blog, and the judge agreed with him,'' Kaiser said.

Whether you get a favorable ruling or not from Judge Gold, you gotta love him -- he treats you fairly and he rules quickly. A 28-page order within a week of the hearing...

“They were high-fiving each other at the office.”

That's Allan Kaiser talking about the State Attorney's Office after David Ranck's recent arrest for battery on the pizza girl. Long before his arrest (and subsequent firing), Ranck brought a whistle-blower lawsuit in federal court before Judge Gold. The State, represented by Oscar Marrero, has moved to dismiss, and Judge Gold heard argument last Friday. This case is all drama, drama, drama, no?

From the DBR:

Lawyers representing Miami-Dade State Attorney Katherine Fernandez Rundle urged U.S. District Judge Alan Gold today to discard a whistle-blower lawsuit filed by suspended prosecutor David Ranck.

Ranck, who questioned the actions of a Miami-Dade police officer who fatally shot a teen-age burglary suspect in 2004, claims his office retaliated against him.

His lawsuit claims Rundle’s office violated his free-speech rights after taking him off investigations involving police shooting after the shooting, and improperly reprimanded him last year for posting internal memos and e-mail related to the justifiable-force investigation.

Coral Gables lawyer Oscar E. Marrero, who is representing Rundle, countered the office was within its rights to discipline Ranck for his comments to the police.

“There is no First Amendment protection if speech owes its existence to your professional responsibilities,” Marrero told Gold.

Ranck’s Miami lawyer, Allan Kaiser, argued by Marrero’s logic, no whistle-blower claims could ever succeed.

“The chilling effect would be obvious,” he said.

Kaiser argued the state attorney’s office didn’t act against Ranck for weeks after he posted his comments and documents related to the shooting on a blog that has since been shut down. Ranck wrote some of the documents and obtained them from the state attorney’s office through a public records request.

Gold appeared inclined to deny Marrero’s motion for summary judgment. “It’s not an everyday occurrence where an assistant state attorney makes a public records request to an office for a memo he wrote, is it?” Gold asked rhetorically. He said Ranck’s supervisors probably should have realized his intentions when he made the request.

Ranck was suspended last month after he was arrested by Miami Beach police on a misdemeanor battery charge after a confrontation at his condo with a pizza- delivery woman. Kaiser represents Ranck in the battery case as well.

“For all intents and purposes, he’s been fired,” Kaiser said. “What they wanted to do is suspend him in never-never land until they decide they want to fire him.”

After Ranck’s arrest, Kaiser said, “They were high-fiving each other at the office.”

When asked if the alleged assault affected his client’s credibility, Kaiser said, “It has absolutely no relation whatsoever.”

Judge Gold rules Florida law on Cuba travel is unconstitutional

If you wanna go to Cuba, now's a good time to pack your bags. Yesterday Obama eased restrictions on travelling there. And today, Judge Gold issued an Order finding a Florida law making trips there more expensive unconsitutional. Here's the Herald's take:

A federal judge Tuesday morning overturned a 2008 state law that increased registration fees and requirements for travel agencies specializing in trips to Cuba.
U.S. District Court Judge Alan S. Gold's decision comes just a day after the Obama administration announced lifting several travel restrictions to Cuba -- allowing Cuban exiles to visit the Island more than once a year, pushing for use of cellphones on the island and easing requirements for remittences to relatives.
In question was the 2008 Sellers of Travel Act approved by the state Legislature and signed into law by Gov. Charlie Crist. The act required travel agencies in Florida selling trips to Cuba to post up to a $250,000 bond and pay up to $25,000 in registration fees.

In other news, another UBS client who hid assets offshore pleaded guilty. From the Herald:

A Lighthouse Point man pleaded guilty Tuesday in federal court in Fort Lauderdale to filing a false income tax return, as part of a wide-ranging government probe of wealthy clients of Swiss banking giant UBS AG who hid assets offshore.
According to court papers, Robert Moran had $3.4 million in a UBS account in Switzerland as of Dec. 31, 2007, but didn't report to the Internal Revenue Service that he had the account nor declare income from it as required by U.S. law.
Moran, who is founder and president of Moran Yacht & Ship in Fort Lauderdale, faces up to three years in prison and a fine of $250,000.
He held the UBS account in the name of Winter Drive Investments, S.A., a Panamanian corporation that he controlled, according to court papers.
A U.S. citizen who has or controls an offshore bank account worth more than $10,000 is required to say so on income tax returns.
Moran is the second UBS client to face criminal tax charges since UBS agreed in February to provide the United States with the names and account information of 250 to 300 U.S. clients.

Judge Gold at the Fed Bar luncheon

Judge Gold spoke today at the Federal Bar Luncheon about ethics and used Mark Giminez's "The Color of Law" as the basis for the discussion. It was a very entertaining speech and it was well received. Judge Gold's premise: You can do good and do well as a lawyer. Those ideas are not mutually exclusive. Here are a couple of pictures from the event.

New Building

STOP THE PRESSES! There have been court proceedings in the new building. Some of the judges have moved in, others are moving this week, and the most junior judges.... well.... it's still going to be a while. But progress is progress. Here's a picture of the inside.

So, who's going to have the first trial?

And a reminder: Judge Gold will be speaking this Wednesday at the Federal Bar Association luncheon at the Banker's Club at noon. RSVP to Lourdes_Fernandez@flsd.uscourts.gov

Judge Gold to speak May 14

This should be a great talk. May 14th at the Banker's Club at noon. Cost is $35. RSVP to Lourdes Fernandez at Lourdes_Fernandez@flsd.uscourts.gov

Vamos a Cuba

Remember the book controversy over "Vamos a Cuba"? A year ago Judge Gold ruled that the School Board violated the First Amendment in banning the book. The Eleventh Circuit heard argument. From the AP:

In the hearing on Wednesday, Senior Circuit Judge Donald Walter, outlining a hypothetical situation, asked ACLU attorney JoNel Newman whether it would be acceptable to remove a book about Adolph Hitler that failed to mention the Holocaust.
"The political reality in Cuba is not what the book is about," Newman said, arguing the book about Cuba focused on daily life on the island, not Castro. "The school board can't remove it because it wishes to inject a political message into it."
Overruling the decision of two academic advisory committees and the county school superintendent, board members voted last year to remove the book after a parent who spent time as political prisoner in Cuba complained. Critics of the book say it does not mention Cuba's alleged lack of civil liberties, the political indoctrination of public school children, food rationing and forced child labor.
"These books are rife with factual omissions, misrepresentations and inaccuracies," said Richard Ovelmen, the school board's attorney.
The move was contested in federal court, with the judge ruling last summer that the board's opposition was political, and the issue would best be addressed by expanding the collection instead of removing books espousing views with which the board did not agree.
Circuit Judge Ed Carnes noted that "there's a difference in enormity" between the Holocaust and actions by Castro's government, but that Walter's hypothetical addressed the "omission of facts."
The 2001 book by Alta Schreier contains images of smiling children wearing uniforms of Cuba's communist youth group and celebrating the country's 1959 revolution. In discussing the daily life of Cuban children, the book says they work, study and play the same way children in other countries do.
Walter and Carnes both took issue with that premise.
"That's simply not true," Carnes said.
Carnes also presented his own hypothetical, asking Newman if a book about North Korea could be pulled from shelves because it failed to mention problems in that communist government.
Newman said such political discussions should not be required for books for elementary students.
The court did not indicate when it would rule.