Federal Bar Gala

It was a nice evening last night at the Biltmore. Brett Barfield was sworn in for a second term, and Bernie Pastor is President-Elect. Judges Williams and Scola were toasted. And Judge Hoeveler received the Ned Davis Award, which was presented in a moving speech by Judge Gold. It was a huge turnout, and Brett has really done a fantastic job with the organization. It's an exciting time in the District...

Federal Bar Judicial Reception

Good times tonight. Most of the judges and magistrates were at the Hyatt for the yearly judicial reception. Apparently before the event, Harvard Law Professors Charles Ogeltree and Alan Dershowitz (oops, apparently Dersh wasn't there) gave a talk to the judges (oops, apparently it was the clerks -- and a few judges also attended) at the courthouse.

SFLawyer has a funny post about the night. On his to do list for the evening:

Find the one judge willing to speak to me (Sam Slom?) and unleash new self-aggrandizing anecdote that reveals my wit, trial skills, wealth, humor, A-type dominance and general good taste.

Who's ready for the long weekend?

FBA dinner tonight at the Biltmore

See you all there.

FRIDAY AFTERNOON UPDATE -- Breaking: Lewis Freeman's practice placed into receivership. Receiver -- Ken Welt.

FBA "Boardroom lunch"

From incoming Federal Bar president Bill Roppolo:

Dear Federal Bar Members,

The South Florida Chapter of the Federal Bar is launching a new small group luncheon series. The Boardroom Lunches will be hosted by local law firms and feature two federal judges. Attendance will be limited to 20 Federal Bar members and the cost will be $50.00 per person. The lunches are intended to provide a relaxed atmosphere where Federal Bar members can interact with our Judges in a small group. We will rotate the location of the lunches therefore if your firm would like to host an upcoming luncheon, please contact me.

The first Boardroom Lunch will take place at 12 noon on Thursday, October 1, 2009 at Greenberg Traurig, 1221 Brickell Avenue, Miami, Florida. District Judge Paul Huck and Magistrate Judge John O'Sullivan will attend.

If you would like to be one of the 20 people to have lunch with Judge Huck and Magistrate O'Sullivan, please respond to this email. The first 20 affirmative email responses that I receive will have a seat at the boardroom table.

Thank you and best regards,

Bill
(Incoming President)

From what I understand there are six seats left. If you are intersted contact Bill at William.Roppolo@BAKERMCKENZIE.com

Federal Bar luncheon

via Celeste Higgins:

Please join me in welcoming this month’s Federal Bar Association's Lunch Series speaker, Dr. Redmond Burke. His presentation is: Medicine at the Speed of Thought. Dr. Burke, a graduate of Stanford University and Harvard University Medical School, became the Chief of Pediatric Cardiovascular Surgery at Miami Children’s Hospital at the age of 36. Dr. Burke is also the co-director of the Congenital Heart Institute of Miami Children’s Hospital at Arnold Palmer Hospital.

Dr. Burke has worked with a heart team to find and develop applications of information technology to improve medical outcomes resulted in a relational database for congenital heart surgery: a web based information system for a medical team and web based reporting of medical outcomes in real time.

The web based information system enabled a unique form of rounds, which are called "internet rounds", enabling information exchange and clinical decision making over the Internet.
Dr. Burke’s research, writing and surgery is legendary in his field. So much so, that he was cast as the host of the ABC network television reality program The Miracle Workers, which first aired March 6, 2006. The program followed patients through complex medical treatments, showing the technical and emotional aspects of modern medical care. Dr. Burke has appeared on CNN, Good Morning America, The Today Show, CNN Entertainment, Extra, and Entertainment Tonight to describe novel medical achievements.

I hope you can join us in welcoming Dr. Burke to our luncheon series.

RSVP to Celeste_Higgins@fd.org

Federal Bar reception

Over 500 lawyers and judges filled the downtown Hyatt tonight for the annual South Florida Federal Bar Association Reception. I forgot to snap pictures... Sorry.

Random thoughts:

I wonder if the judges dread it or whether they enjoy it.

It's also interesting to watch people work the room.

Lots of DBR reporters mingling...

More younger lawyers seem to be coming out. Many of the old guard weren't there.

Very few prosecutors showed up.

A sprinkling of state judges made an appearance.

South Florida Lawyer was there. Rumpole was not.

Chris Hansen to speak at Federal Bar Luncheon

This month's guest speaker for the Federal Bar Association's luncheon series is Dateline NBC's Chris Hansen on January 21st at the Banker's Club. Mr. Hansen is a 7- time Emmy winner and renowned correspondent with Dateline NBC. He is perhaps best known for the "To Catch a Predator" series but his investigative reporting includes efforts to expose international identity thieves, child sex rings in Cambodia, counterfeit prescription operations out of China, and international child labor violations. He has also received numerous reporting awards for his coverage of the federal building bombing at Oklahoma City and the mass murders at Columbine, Colorado. Attendance is expected to be high so please RSVP to Celeste Higgins at (305) 530-7000, ext. 109.

Busy!

Each one of these items probably deserves its own post, but I've fallen behind on interesting stories and am going to include them all here in one post. Thanks to all the tipsters and commenters who have been sending me juicy items.

1. The jury is still out in the night vision goggle case. The prosecution gave a 90 minute closing today and Sharhazad Gholikhan gave a 90 minute closing in her own defense. The jury went out around lunchtime and were discharged for the day at 5pm. Vanessa Blum has the details here. Some of my favorite lines from her closing: She said her only crime was a "conspiracy of marriage." She explained she came to the U.S. voluntarily because she was innocent: "I came. Why? Because I'm clean."

2. No COLA increase for federal judges. Tony Mauro at BLT writes it up here. (HT: Captain). “Wrong time. Wrong place,” Sen. Claire McCaskill, (D-Mo.) exclaimed on the Senate floor Dec. 11. “We have families all over this nation that are scared today, that aren’t buying Christmas presents. Federal judges get lifetime appointments and they never take a dime’s cut in pay. They die with the same salary they have today.” To counter: Federal judges are the only federal employees who will begin 2009 without a COLA. James Duff, director of the Administrative Office of the U.S. Courts, acknowledged that these are “challenging times” for the economy, but he added in a statement, “That is no reason for Congress to treat federal judges differently than all other federal employees, including members of Congress.” Our prior coverage on this subject is here.

3. Judge Zloch wrote an 82-page blockbuster order finding the Sex Offender and Registration Act (SORNA), which is part of the Adam Walsh Act, unconstitutional. Here's the Order. It's worth a read. It's hard to summarize such a lengthy opinion here, but it basically says that the Act violates the commerce clause because there is no link with registration and commerce. Here's the conclusion:

While providing Congress with the power to regulate sex
offenders in the manner attempted by SORNA would admittedly aid
Congress in its goal to protect the public, it is not has not among
Congress’s enumerated powers. Congress has never been accorded the
general police power it has sought to exercise in SORNA. See
Lopez, 514 U.S. 596-98 (Thomas, J., concurring); Cohens v.
Virginia, 19 U.S. (6 Wheat.) at 426. Cases are legion that note
that the federal government does not have the residual power held
by the states. E.g., Lopez, 514 U.S. at 584-602 (Thomas, J.,
concurring).
With statutes like those at issue here, Congress’s desire to
aid in the protection of society against sexual predators is
understandable and laudable. However, “the powers of the
legislature are defined, and limited; and that those limits may not
be mistaken, or forgotten, the constitution is written.” Marbury
v. Madison, 5 U.S. (1 Cranch) 137, 175 (1803). Specifically, the
grant of power made under the Commerce Clause is limited. Lopez,
514 U.S. at 552-553 (citing Gibbons v. Ogden, 22 U.S. (9 Wheat.) at
189-95). Therefore, the statutes challenged herein cannot be
upheld. Section 16913 transgresses entirely the limits set on

Congress by the Commerce Clause. It cannot be defended except by
adulteration of the text of the Constitution and controlling
caselaw. Section 2250 also exceeds that grant of power made to
Congress under the Commerce Clause. It is in no way a regulation
of persons in interstate commerce but an exertion of a general
police power through an illusory and impermissible jurisdictional
nexus. Thus, the Court declares that § 16913 is unconstitutional
in that Congress lacks the power to enact the same under the
Commerce Clause. Because an unconstitutional law is no law at all,
Defendant Edward Myers shall go hence without day.

And for you grammar nerds, check out footnote one of the opinion:

Many courts and commentators, especially in the passages
quoted herein, render the possessive of “Congress” as “Congress’.”
For clarity as to the number of congresses being referred to and
staying faithful to the traditional rules of grammar, the Court
will employ the natural construction “Congress’s” when referring to
the possessive singular of our national legislature. See William
Strunk, Jr. and E.B. White, The Elements of Style 1 (4th ed. 2000).

4. The Broward chapter of the Federal Bar is big time. Check out its inaugural 16-page newsletter. The most fun part is the interview with Chief Judge Moreno. His first job in college: working as a janitor at Notre Dame during summers. Favorite Movies: Rudy and Remember the Titans. Favorite Songs: Notre Dame Victory March and God Bless America. (I was sort of with you on the movies, Chief, but those are really your favorite songs?) Favorite Hobbies: Golf, Travel, and Food.

Tons of other fun stuff in the interview. Some good quotes: "When you're a judge you rule your own fiefdom, as Chief you are accountable for the whole kingdom." Courthouses should be like "secular temples" to inspire respect in the community just as cathedrals were built on a grand scale to capture the feeling of a divine presence. "I love jurors and lawyers, and the back and forth of trial and legal arguments."

5. Speaking of Judge Moreno, he sentenced Dr. Ana Alvarez-Jacinto to 30 years in prison today, 8 years more than the sentence recommended by federal prosecutors in this medicare fraud case. Jay Weaver's article is here.

From Celeste Higgins

I am happy to announce Dan Ricker will be the second speaker in the FBA's Luncheon Series.
Mr. Ricker is the publisher and editor of Watchdog Review and a local contributor to The Miami Herald, WLRN Radio and WLRN TV. Mr. Ricker gave up a life of wealth and leisure to be the community's eyes and ears in local government. He provides us with neutral and nonpartisan information about our elected officials.
As "all politics is local politics" and local politics affects us all, I'm sure Mr. Ricker will provide us with great insight to that part of our government we are not always able to observe first-hand.
You may have heard that our first speaker was Beth Wilkinson, former General Counsel of Fannie Mae. She provided us with a fascinating view from within the financial markets and mortgage crisis. Our second speaker is going to be just as interesting.

This month's speaker should prove to provide a very interesting presentation. It will be held Wednesday, Dec. 10th at noon at the Bankers Club. Please RSVP with Lourdes Fernandez at 305-523-5771.
Thank you,
Celeste S. Higgins, President
Federal Bar Association

Bench & Bar Photos

Okay, so my pictures weren't the highest quality... SO....

here are some more professional photos from the Bench & Bar conference:

Bench & Bar pictures

Judge Jordan and Judge Cooke

Judge Dimitrouleas and Judge Cohn

The dining room

A blurry picture of the criminal law magistrate panel

Judge Moreno (my phone's zoom isn't so powerful).

Federal Bar Luncheon

Celeste Higgins, the new pres of the local Federal Bar Association, asked me to let you all know that Beth Wilkinson is the first luncheon speaker on Wednesday November 12. Here's the info:

Beth Wilkinson is former General Counsel of Fannie Mae. Prior to thatposition, she was partner and co-chair of the White Collar practice groupat Latham and Watkins and prosecutor in the Timothy McVeigh and TerryNichols Oklahoma City bombing trials. She was a special AUSA in Miami in 1990-1991 who worked with the prosecution of Noriega. She will, no doubt,give us a behind the scenes perspective on the current financial crisis andthe other major legal events she has seen and participated in since leavingthe Southern District of Florida. Furthermore, her unique perspective as aprosecutor, defense attorney and general counsel provides a greatopportunity to hear what she thinks the biggest issues will be for attorneys and judges as the financial crisis unfolds and a new administration takes over on January 20, 2009.The luncheon will be held at the Bankers' Club located at One BiscayneTower on Wednesday, November 12th promptly at 12 noon. Reservations can bemade by calling Lourdes Fernandez, Law Clerk to Judge Dube at (305)523-5771. The cost is $35 per person.

Federal Bar dinner

The Federal Bar Association, South Florida Chapter, had its annual installation dinner last night. I am the outgoing president, and Celeste Higgins is the incoming president. Chief Judge Moreno and Judges Huck, Altonaga, King, Gold, Dube, Brown, O'Sullivan, Torres, and Palermo attended, which made for a good night. I want to thank those judges for supporting the Federal Bar Association this year, and a special thanks to the judges who spoke at the lunch meetings (Judges Marcus, Barkett, Moreno, Cooke, Martinez, Gold, Huck, and Altonaga).

It was a fun year -- we had a bunch of really good lunches and meetings (prior coverage and pictures here). For those of you who came last night and to the meetings throughout the year, thanks.

Federal Bar Association dinner

My dear readers:

You are cordially invited to attend the annual

Federal Bar Association Dinner and Installation of Officers

Friday October 17, 2008

Reception 7:00pm
Dinner 8:00pm

The Biltmore Hotel
Alhambra Ballroom
1200 Anastasia Avenue
Coral Gables, Florida

$90 per person/open bar

RSVP Lourdes Fernandez at Lourdes_Fernandez@flsd.uscourts.gov or 305-523-5770

Celeste Higgins is your incoming president. I'm outgoing.

Happy 4th

Have a great weekend.

SPECIAL NOTE TO AUSAs and PDs -- on July 23rd we are having a lunch time talk (sponsored by the Federal Bar Association) on opening statements. The panel will include Chief Judge Moreno, Jan Smith, Ed Stamm, and Matt Menchel. Lunch will be served. RSVP to Lourdes at Lourdes_Fernandez@flsd.uscourts.gov AUSAs and PDs only for this one.

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

Come see Judge Martinez speak Wednesday

This Wednesday from noon to 1:30 at the Banker's Club, you should come see Judge Martinez speak -- it will be entertaining for sure. Cost is $35; RSVP to Lourdes Fernandez at Lourdes_Fernandez@flsd.uscourts.gov

Judge Martinez to speak Wednesday, April 16th -- CORRECTION

In what promises to be a very entertaining lunch, Judge Martinez is speaking Wednesday APRIL 16th, at the Banker’s Club at noon. Lunch is $35. RSVP to Lourdes at Lourdes_Fernandez@flsd.uscourts.gov

CORRECTED POST -- I originally put this Wed -- that is incorrect. It is Wed the 16th. Thanks.