Anything is possible.

Except... getting GSA to shape up the Dyer building.  From John Pacenti:
A congressional subcommittee hammered the General Services Administration on Monday for allowing Miami's historic federal courthouse to linger unused for five years. Members even wondered aloud if the scandal-plagued agency should be disbanded.The hearing at the David W. Dyer Federal Building and U.S. Courthouse was held by the House Subcommittee on Economic Develop-ment, Public Buildings and Emergency Management.A GSA administrator told the panel it's not so easy to convert the Dyer building into offices for the U.S. Bankruptcy Court or the federal defender's office, two of the possibilities suggested.The courthouse with the coquina stone facade shares its electrical grid with the C. Clyde Atkins Courthouse next door, there is the persistent mold problem, and tunnels to transport prisoners connect the building to others in the federal complex.John Smith, a public service administrator with the GSA, estimated the cost of bringing the building up to speed for tenants, federal or private, would be about $10 million.The panel was not sympathetic."Can we actually abolish the agency and have a private agency pick up the ball and run with it?" subcommittee chair Jeffrey Denham, R-California, asked rhetorically.
More from Curt Anderson at Huffington Post:
Opened in 1933, the 166,577-square-foot Dyer building is on the National Register of Historic Places. But it has been deteriorating for years and has an extensive mold problem in South Florida's hot and humid climate. Still, maintaining the vacant structure costs taxpayers about $1.2 million a year, Mica said.
...
Last week, just as the hearing was announced, GSA said it filed a "Request for Information" asking Miami developers and the business community for suggestions on what to do with the Dyer building.
"It seems the GSA only takes action when we hold hearings," Denham said.

And from Jay Weaver:
Their colleague, Mario Diaz-Balart, R-Miami, who sits on the House Appropriations Committee, compared the Dyer Courthouse to the famous Biltmore Hotel in Coral Gables, saying repeatedly he was “speechless” that GSA officials had done nothing to breathe life back into it.
“Frankly, there’s no excuse for it,” Diaz-Balart said.
In chorus, the lawmakers said there are some 14,000 federal properties like the Dyer Courthouse that are empty or not fully used. As they spotlighted the waste of taxpayer dollars, they also portrayed the GSA as an agency under siege for questionable spending on bonuses and lavish staff conferences in Las Vegas and other resorts.

Read more here: http://www.miamiherald.com/2012/08/06/2936382/lawmakers-chide-us-for-wasting.html#storylink=cpy

What a shame...  For those of you who haven't been in the central courtroom, you are really missing out.  I haven't been in a better courtroom.  You really feel like a lawyer:

Sick (court)house

Julie Kay reports today on the serious mold problem at the David Dyer Building. The whole article is worth reading.

The intro:

Two studies performed at the historic David W. Dyer federal courthouse in downtown Miami show there are significant mold and air safety issues at one of Miami-Dade County’s oldest courthouses and suggest parts of the building are beyond repair.

The studies, which were obtained by the Daily Business Review, were commissioned by the U.S. District Court of the Southern District of Florida after U.S. Magistrate Judge Ted Klein became ill and died last year of a mysterious respiratory illness, and his fellow magistrate judges raised concerns about the building’s environment.

Employees believe that Judge Klein became sick and died because of the problem:

A healthy man who skied and jogged, Klein contracted a respiratory infection and died in September 2006. At the time, his family worried that something in the courthouse caused his illness. Shortly after Klein became ill, the court commissioned the first fungal contamination assessment, which was never made public. According to the report dated July 2006, “Magistrate Judge Theodore Klein has recently developed adverse health effects that could be attributed to exposure to molds. The assessment was performed to determine if fungal contamination was present in areas that he frequently occupies including his courtroom and his office areas.” The study showed fungal spores were present “in significant numbers” in samples. However, the study concluded these spores were not likely to cause health problems unless someone was in an immuno-compromised state. Still, the study recommended fungus on the plaster walls and courtroom wallpaper be removed. After Klein’s death, his courtroom was closed off and remains unused. His chambers are occupied by Magistrate Judge Edwin Torres, who recently transferred from Fort Lauderdale. “Why would they close off his courtroom if it’s not dangerous?” asked one employee who did not want to be identified. It is still not known what caused Klein’s illness because, in keeping with Jewish law, his body was not autopsied.

Chief Judge Moreno has taken steps to make sure employees are safe:

In an Aug. 27 memo, Chief Judge Federico A. Moreno said a new study is being commissioned by a company that performed mold remediation at the West Palm Beach federal courthouse. That courthouse, damaged by Hurricanes Jeanne and Frances, was closed for a year and a half while mold was removed.

“Our intention is to have the consultant review prior testing results, conduct additional on-site testing and then render conclusions about whether occupancy in limited areas of the building is likely to cause adverse health effects in occupants to a more serious degree than exposure to fungal levels,” Moreno said. “Please understand that I, who began his federal judicial service in the East Courtroom of the Old Courthouse, share your concern about your work environment in the Dyer Building.” Through a clerk, Moreno declined comment and said he preferred to let his memo speak for itself. In the memo, he encouraged any employees who have been in the “sealed document vault” — a basement area heavy with mold — to consult their doctors. Additionally, he mandated that no new sealed documents be taken to the basement, which is being “air-scrubbed,” and that anyone handling records coated with what appears to be mold use masks and gloves.

Read the whole memo from the Chief here.

The employees are understandably scared:

Klein is not the only federal employee in the building to fall sick. According to several courthouse sources, the law clerk for Magistrate Judge Barry L. Garber is very ill and has received permission to work at home. Garber declined to discuss the issue until the new study is completed. Another courtroom deputy who recently retired said she is very ill and recently had double pneumonia. “I’m scared to even go to my doctor to see what the heck is wrong,” she said. “They are keeping everything hush-hush,” said a judicial assistant who did not want to be identified. ”Everyone is scared. You don’t know how much your immune system can handle.” Another judicial assistant said she had no idea her chair was mold-infested until she saw a photo of it in the report, which labeled it “mold-infested.” She quickly found another chair in the office to use. Magistrate Judge Peter R. Palermo, who has worked in the Dyer Building for 37 years, is not sick but is concerned about his employees. “Who knows if there are health problems because of the mold,” he said. “We just want to know if it’s safe.” Palermo attended the Aug. 9 meeting held by representatives from Clerk of the Courts Clarence Maddox’s office to discuss the report. Neither Maddox nor Moreno or any other federal judge was present. However, Moreno has met with every employee to discuss the situation and is getting high marks for his concern. “He’s here in Miami and seems to care about us, whereas the previous chief judge was in Fort Lauderdale,” said one clerk.

Yikes.

Chief Judge Moreno is a people person and is a very practical judge -- he will do everything he can to fix this problem and make sure no one is subject to unhealthy conditions. I'm sure of that.

But I'm also sure that courthouse staff is wondering what the deal is with the brand new courthouse just sitting there. Why do they have to work in what they believe is an unsafe courthouse when a sparkling new one is built across the street. We need to sue those jokers who can't get the building ready to open. It's a bad joke already. The over/under is still January 1, 2008, but the smart money is on the over.

Is the Dyer building for sale?

Perhaps, according to Julie Kay.

You gotta love Judge Pete Palermo:

But Miami Magistrate Judge Peter Palermo — who worked in the Dyer Building for 37 years before moving to the King building this month — said he would "raise hell" over any proposal to sell the Dyer Building. "It's historical," he said, calling the grand ceremonial courtroom "one of the most beautiful courtrooms in the country. When lawyers come to town they all want to tour it. I would fight like hell."

Don't clean that mold!

That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:

According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story — sitting in the Miami case — issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building. "There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order. Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.

Stay out of "disgusting" basement

The mold issue in the David Dyer building continues to find its way onto this blog. Now this:

Chief Judge Moreno has closed the basement and other parts of the Dyer building. According to this AP report:

A federal judge has closed portions of Miami's historic downtown courthouse after a report identified widespread mold infestation and ongoing water leaks, with one part of the basement termed "disgusting" by inspectors.
U.S. District Judge Federico Moreno, the chief judge in Florida's Southern District, said in a memo that parts of the basement that house court records and a stairwell used by judges were being closed until further notice.
"The new steps we are taking may in fact be premature without further microbial testing, but nonetheless we intend to err on the side of caution," Moreno said in the memo dated Friday and obtained Tuesday by The Associated Press.
Moreno took action after receiving last week a new U.S. Public Health Service study, which found mold throughout the 166,000-square-foot building that opened in 1933. Known officially as the David W. Dyer building, the courthouse is one of several in Miami's downtown federal judicial complex.

What about the new building? (our prior coverage on the "new" building here)

Across the street, a new 14-story courthouse sits unused, more than $60 million over budget and three years behind schedule. Electrical problems, hurricane damage and contractor disputes are blamed for the delay, which shows no sign of ending.

The report also found:
• A basement sump pump room ''is disgusting,'' has no ventilation and ``is infested with pests.''

Pests?!

What else?

• A leaking toilet above basement space used as a gym by the U.S. Marshals Service has caused suspected mold growth on walls and elsewhere.
• Tests revealed a ''significant fungal presence'' in the basement records room, where previously recommended remedial work was never done. Court personnel have had to wear protective gear while in the room, including coveralls, gloves and a respirator. Water damage is present in an area where classified documents are kept.
• A stairwell leading to the magistrate judges' courtrooms has visible mold on the walls.
The Public Health Service report made 12 recommendations for fixing the mold problem, including repairing numerous water leaks, cleaning air ducts and furniture, replacing damaged ceiling tiles and carpets and throwing out unnecessary contaminated files.

Friday afternoon notes

1.  Maria Elena Perez of Nevin Shapiro infamy is in trouble with the Southern District of Florida.  Judge Moreno issued this order referring her to the disciplinary committee based on the NCAA investigation and her prior conduct. 

2.  Curt Anderson interviewed the FBI undercover informant in the Khan case.

3.  The Dyer building is still empty, but Miami Dade College wants to take it over.  From John Pacenti's article:

The Dyer building was left vacant due to health concerns after the Wilkie D. Ferguson Courthouse opened.
Chief U.S. District Judge Federico Moreno welcomes the idea of the college acquisition.
"Miami Dade College could make repairs for a fraction of the cost of the GSA," Moreno said. "They've done a magnificent job with the Freedom Tower."
The slim tower is a Miami landmark that the college took over in 2005. It was the home of the defunct Miami News and was used by the federal government to process refugees fleeing Fidel Castro's communist Cuba.
Moreno said Padron intends to preserve the historic nature of the courthouse but noted some security changes would be needed. Tunnels link the Dyer courthouse to the Federal Detention Center across the street, and access would need to be sealed. The courthouse also connects to other buildings in the federal complex.

 

Happier topics

Let's move on to nicer subjects after the last post, shall we?

It looks like the old Dyer building is on the way to a recovery, courtesy of Miami-Dade College.  From the Miami Herald:

Three years after taking possession of Miami’s grandly historic but long vacant federal building, Miami Dade College is nearing completion on the initial phase of a massive $60 million renovation that will return the 1933 Neoclassical masterpiece to public use.

The public college has wrapped up cleanup work to remove asbestos and mold from the vast former courthouse and post office, which has been shuttered since 2008. Next comes remodeling and restoration, a job expected to take two years, said Miami Dade’s interim president, Rolando Montoya, in an interview.

Once that’s done, the monumental building will house the college’s architecture, interior design and fashion design programs in appropriately splendid surroundings. The college also plans to install flexible-use classrooms, robotics and computer labs, faculty and administrative offices, and a conference center with capacity for 400 people.

“I think this is going to be beautiful,” Montoya said: “The building will be an interesting combination of several historical facilities with some high-tech, very modern facilities. It’s very nice architecturally, this combination.”

But, he added: “It’s a lot that has to be done. The building was in very bad shape.”

The limestone-clad federal building, widely regarded as one of the finest works of architecture in Miami, occupies most of a city block at Northeast First Avenue and Third Street across the street from the college’s Wolfson Campus in downtown Miami. Known in latter years as the David W. Dyer building after a prominent judge, the building is on the National Register of Historic places and is also a city of Miami designated historic landmark.

As part of the renovation, the college will restore the Dyer building’s pièce de résistance, an ornate central courtroom adorned by a mural depicting the role of justice in Florida’s development. The federal General Services Administration meanwhile will do its best to restore the badly deteriorated contemporary abstract frescoes by artist David Novros that grace the building’s interior courtyard, Montoya said.

Friday News & Notes

Quiet week in the District. Everyone seems to be away before school starts in a few weeks...

I posted earlier in the week about the Apple/Samsung opening statements. Looks like there was a lot more drama in that case. ATL has all the scoop about the Judge and John Quinn getting into it here. The latest update has Apple asking for sanctions.  And people think criminal law is contentious. 

John Pacenti covers the old Dyer building in an interesting article:

Mobster Meyer Lansky faced trial in the ceremonial courtroom. Deposed Panamanian dictator Manuel Noriega was tried and convicted there on drug charges. Crooked judges and police also faced juries in the historic David W. Dyer Courthouse, a downtown Miami landmark distinguished by its coquina stone facade.
But the courthouse was shut down in 2008 after the lung disease death of a federal magistrate and employees complained they worked in an environment fouled by toxic mold.
Now, the General Services Administration, the building's landlord, is asking developers for ideas about what to do with the one-time post office building. In a request made public Thursday, the agency said the options include an exchange, an exchange for services, a lease or sale.
On Monday, the House Subcommittee on Economic Development, Public Buildings and Emergency Management will meet at the courthouse on a hearing titled "Sitting on Our Assets: The Vacant Federal Courthouse."

 That's about it for now. Enjoy the weekend.

What should we do with the mural in the Dyer Courthouse?

MDC taking over the Dyer Courthouse was received with universal praise (background post).  The one issue that has generated lots of heated debate is the mural in the central courtroom.  There were some comments on the post, but there were lots of emails, calls and discussion about what we should do with the mural (including from federal judges with different viewpoints). 

There seem to be three camps, including in the poll below:

What should be done with the mural?

The mural is racist. It contains demeaning images of minorities and has no place in today's courtrooms. It should be painted over. Imagine if you were a black man being sentenced in that courtroom how you would feel.

The mural is historical. It was made in the 30s and it simply depicts the times. Don't take it down. It is a beautiful mural and makes the central courtroom what it is.

The mural has demeaning images and can be viewed as racist, but it is also historical. It is not an image of racism like the Confederate flag, so it should not be painted over.

Quiz Maker

Inspectors at Dyer building today

The David W. Dyer building will be inspected today by lawyers and experts for Ted Klein's family.

I have been informed that, contrary to recent news articles, the Judge did *not* order the cleanup to stop. Instead, he simply permitted the plaintiff's team in the building before the 6 month period for filing a federal tort claim act lawsuit ran.

Mold and explosions

I feel bad for Chief Judge Moreno...

He has inherited two big problems -- he has to deal with mold in the old Dyer Building and a recent explosion in the new Ferguson Building. The over on the January 1, 2008 opening is looking pretty good right now.

Julie Kay details in the DBR today (yes, I thought she had left too) that Ervin Gonzalez is investigating the mold issue in the Dyer Building that we covered previously here. And she goes through some of the issues with the new building, including a recent explosion that has disabled the electrical system. (It was supposed to open in July 2005 and is $78 million over budget!) The good news is that a certificate of occupancy has been issued for the building.

David W. Dyer building to be used by Miami-Dade College

I love this courthouse and I miss trying cases in it.  But this is good news as it will finally be put to use again.

The Herald covers the deal here:

Miami’s old federal building, a Depression-era Neoclassical masterpiece that’s among the grandest of the city’s historic structures, has been vacant and moldering since 2008, its fate uncertain. But now a rescue is in the offing that will restore it to public use.
After years of negotiation, the federal government has agreed to cede the 1933 landmark to its neighbor, Miami Dade College, for use as an academic and civic building. The college and the government’s property-management arm, the General Services Administration, signed a 115-year, one-dollar-a-year lease agreement Wednesday evening.

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article77050342.html#storylink=cpy

The building is really cool:

The federal building, which housed the central Miami post office and all federal agencies but the weather bureau when it opened in 1933, was designed by Coral Gables’ chief architect, Phineas Paist, and Miami architect Harold Steward, with an assist from Marion Manley, the first licensed female architect in Florida and designer of early University of Miami buildings. Paist and Steward also collaborated on the design of Coral Gables City Hall and the buildings at the Liberty Square housing project. (Another Gables connection: that magnificent courtroom mural, Law Guides Florida Progress, is by artist Denman Fink, designer of the Venetian Pool.)
Although it was the height of the Great Depression, the government spared no expense on the building, believed to be the largest structure in South Florida made of Florida limestone. Window surrounds are made of marble, as are the floors and former post-office tabletops still in place in its elongated lobby. Spandrel panels running beneath the second-story windows on the main facade depict scenes from Florida history. That facade is defined by a towering row of Corinthian columns. Inside, original chandeliers and coffered ceilings are still in place, the college said.

***

The central courtroom was also the scene of some historic legal events, including the Congressional Kefauver hearings into organized crime that were televised to the nation in the 1950s and the trial of deposed Panamanian dictator Manuel Noriega in 1991.
But use of the building gradually declined after the post office moved out in 1976. Most federal judges moved to a modern tower annex which opened in 1983, leaving mostly magistrates in the old courthouse. The last moved out after the newest courthouse opened a block away in 2008. The tower annex remains in use by the courts and is not part of the MDC deal.
The GSA then shuttered the historic building, which had been plagued by mold and complaints from court workers about respiratory ailments that had led to closure of some courtrooms and portions of the structure in 2006. The agency has continued to run the air conditioning to keep humidity and deterioration of the interior under control.
But the GSA came under fire from some Republican members of Congress who, during a 2012 hearing in the Dyer building’s central counrtroom [sic], scolded the agency for wasting taxpayer resources by failing to find a new tenant or sell the courthouse. A member of that delegation, Florida U.S. Rep. John Mica, is a Miami-Dade grad who pushed for the deal to give the college use of the building.

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article77050342.html#storylink=cpy

d more here: http://www.miamiherald.com/news/local/community/miami-dade/article77050342.html#storylink=cpy

I wonder what the College will do with the controversial mural in the central courtroom:

Julie Kay on the new federal courthouse

This story isn't ending...

Check this out.

Here's an update on the lawsuit re Ted Klein, which is now being handled by Alan Goldfarb, not Ervin Gonzalez:

The judges' move to the new building could free up space for occupants of the Dyer Building. Several magistrate clerks, courtroom deputies and interpreters who work in the building have complained of such respiratory problems as double pneumonia, nosebleeds and severe allergies. Water intrusion is apparent in some areas, with peeling wallpaper, stained carpets and musty smells.

Two studies performed at the building since Klein's death concluded there are significant mold and air safety issues in the building, particularly in the basement.

Goldfarb said he is frustrated because the government has promised to provide FOIA information by certain dates and has not met these deadlines. Goldfarb is trying to find out when the government knew there were problems in the building and what action, if any, they took.

The GSA, which received the FOIA requests on Oct. 29, was not available for comment at press time.

Chief Judge Federico Moreno said there is "no problem in the Dyer Building. It's all been remedied. There's only a problem in one part of the basement.".

The mold problem couldn't be any worse, right?

Wrong.

There is mold throughout the James Lawrence King building. From John Pacenti's DBR article:

Another federal courthouse is riddled with mold, according to a private study last fall commissioned by the U.S attorney’s office. The study found mold spores in the air throughout the James Lawrence King building in downtown Miami. U.S. Attorney Alex Acosta said Monday he asked for the study after mold problems at the Dyer Courthouse across the street became public last year following the unusual death in 2006 of a federal judge from a mysterious pulmonary illness. Acosta said the study’s report found “areas of concern” spread throughout the building. He said it was not unusual for one floor to be affected on one side more than the other. He also confirmed a small number of employees have complained about respiratory illness. Sources say some workers have chronic bronchitis.

For our out of town readers, don't be surprised by this -- we have mold in just about every building in Miami. So, what should be done?

Acosta said the study — which he did not release — recommended an upgrade of the building’s air conditioning and humidity control system followed by the cleaning of the air handling units and replacing insulation in air ducts. “I became concerned with the air quality in this building and thought it appropriate and necessary to protect our employees with our own assessment,” Acosta said. “This is a quality of life issue and it needs to get done.” Acosta said air purifiers — purchased out of the U.S. attorney’s office budget — have been located in the most problematic areas. Acosta referred questions about cost of the project to the General Services Administration, which acts the government’s landlord by renting out space in federal buildings.

The bright spot to all of this -- the new building is supposed to open soon:

U.S. District Court Chief Judge Federico Moreno said a certificate of occupancy has been issued and technical services should move into the Wilkie D. Ferguson Jr. courthouse this month.

Happy blog birthday!

It’s 14 years of blogging... 14!

Thank you again for reading and for the tips. It’s been a fun run.

A lot has changed for the District in 14 years. For starters, the district and magistrate benches are a lot younger and more diverse.

Parties for the new judges are now hosted on the 13th floor of the Ferguson courthouse. When I was clerking 22 years ago, parties were hosted in the Dyer courtyard and were catered by Christy’s. Old school. If you were lucky, Judge Davis would invite you to the after party for scotch in his chambers.

More reminiscing later... for now, I’m going to take the week off from posting unless something really important happens. I’ll see you all next week.

Judge Altonaga remembers Judge Davis

There are so many great comments about Judge Davis that were posted, but I thought I'd share with everyone on the front page, this letter from Judge Altonaga:

May 27, 2010

Dear David:

On Monday, May 24, 2010, you shared the story of U.S. District Judge Edward B. Davis, following his passing as a result of complications from open-heart surgery. I write you this letter in the event you would like to share some of my thoughts in the Southern District of Florida Blog.
I had the extraordinary good fortune of being hired by Judge Davis to be his February term law clerk, or "even" clerk as we were known, and worked for him in 1987. Since then, he has been my mentor, advisor, and kindest of friends. Words cannot describe the goodness and compassion of the man or his depth and integrity. Among the counsel and advice he would give his young law clerks or young lawyers as he would call us, was not to be "mean." I don’t believe Judge Davis had a mean bone in his body. Over the last 24 years I have never seen him angry at or impatient with anyone.

Judge Davis was always thoughtful and generous. I remember one time when he offered then-U.S. District Judge Stanley Marcus to share his office and chambers when the Dyer Courthouse was closed for asbestos removal. We shared chambers for several months with Judge Marcus and his law clerks, and while space was tight, the mood was always light and welcoming. On another occasion, when the late Senior Judge Joe Eaton had need of a law clerk for a particular assignment, Judge Davis asked me if I would mind being on loan to Judge Eaton to help him with that assignment, and proceeded to share me with Judge Eaton.

I clerked for Judge Davis during the days when memory typewriters and word processors were all the tools we had and files were brimming over with paper. The Judge would be in the courtroom every day with trials and all manner of hearings. It was his custom to bring in lawyers after the trials and talk to them privately, giving them encouragement and advice on trial practice. In the late afternoons, the chambers was filled with the sound of his laughter and that of the late Judge Eugene Spellman, for they were good friends and at the end of the day Judge Spellman would come to the Judge’s office where stories were shared and a moment of relaxation seized. When the Judge hired us, he would make clear the work day started at 8:00 a.m. and we were to stay with him until he left, which was usually after 7:00 p.m. He worked very hard, and while we all did as well, it was without undue pressure. Certainly I never felt any pressure from him; he always gave assurances that it would all work out.

Whenever I had occasion to travel with the Judge to Key West for trials, he and his wife Pat would include me in their dinners at the end of the work days. In keeping with the Judge’s casual and informal manner, the Courtroom Deputy, Michael Beck, and I would join the Judge and his wife in their hotel room, and from there we would all go together to share a meal.
I, along with countless of his law clerks, have had the extraordinary good fortune of having been offered the opportunity to share Judge Davis. We each became a part of the Judge’s family, so much so, that when after one reunion he sent me a copy of a group picture and signed it, "To Cecilia, my favorite law clerk and judge," I believed it. I came to discover later that he signed copies of the picture in the same way for each of his law clerks, letting each know he or she was his "favorite!" That picture, and another of the two of us in his chambers so many years ago, rests beside my computer where I am reminded daily of the "gentle giant" who has had such an impact on my life.

Judge Davis was my source of inspiration and I credit him with my desire to become a judge. He administered my oath as judge on three separate occasions, the last of which was as a federal district judge. When I joined the Southern District of Florida in 2003, I was humbled to occupy his former office and courtroom.

Judge Davis was the face of kindness, fairness and compassion in our court. May God bless and keep him.

Sincerely,

Cecilia M. Altonaga

RIP Irwin Block

He was a South Florida legend.  The Justice Building Blog has a great post about Mr. Block here, including this memorial from Judge Kevin Emas:

Irwin Block was old school. 87 years old and still going to work. He loved the law. He loved being a lawyer. He loved being a trial lawyer. And make no mistake about it. Irwin was not a litigator. He was a trial lawyer. And he was extraordinary in trial. Even opposing counsel in a trial would sometimes find themselves becoming spectators, watching with admiration as Irwin held the witness and the jury in the palm of his hand.

Many of you know that Irwin Block (together with Phil Hubbart) represented Freddie Pitts and Wilbert Lee, two black men charged with murder in St. Joe, Florida in 1963. As a result of the efforts of Irwin and Phil, and those of Pulitzer-Prize winning journalist Gene Miller, Pitts and Lee were pardoned after twelve years on death row for murders they did not commit.

Irwin Block was involved in many high-profile cases over the course of his exceptional career. But for all his talents as a trial lawyer, Irwin was a humble man. He never sought the limelight, and bristled at the notion that he should ever be honored for just doing his job. But honored he was, including the American Jewish Congress’ Judge Learned Hand Award, History Miami's Legal Legend Award, and the DCBA’s David W. Dyer Professionalism Award.

Irwin was more interested in fighting for clients than fighting for causes. Old school indeed. He taught me much about being a trial lawyer. I’ll never forget his cardinal rule: “You can’t always outsmart the other side. But you can always out-prepare them.” As good as he was in trial, he was even better in pretrial strategy, motions and deposition. He won hundreds of cases that would never see the light of a courtroom because of the damage he had done in deposition and pretrial motions. Irwin left a legacy of excellence. Each of us who knew him, who worked for him, who worked with him, who learned from him, has a profound respect that is difficult to explain in words. But here’s just one example: Nearly every lawyer who worked with him, even after leaving the firm and establishing their own successful practice, would continue to call him Mr. Block when they saw him. They felt it somehow disrespectful to call him anything else. (I must confess that my first draft referred to him only as Mr. Block. I hope he will forgive this final version.)

I’m not just a better lawyer for having known Mr. Block. I’m a better person for having known Mr. Block.

Here's the Herald obit.


The New York Times has an editorial today about how to stop prosecutorial abuse.  Mr. Block would have appreciated it.

News & Notes

1. Congrats to Judge Wilson for being recognized by the Green Bag for exemplary legal writing for his dissent in U.S. v. Vail-Balon (en banc).

2. It's only a matter of time before Judge Rosenbaum is also recognized. Although this opinion From Monday is unsigned, it sure looks like she wrote it. From the conclusion of this pro-se litigation about 1983 suits: "We conclude that Heck and its progeny, including Balisok, do not bar this lawsuit. On the contrary, Dyer requires that the suit be allowed to proceed through the threshold gates of Heck. We therefore vacate the judgment of the District Court and remand for further proceedings not inconsistent with this opinion."

3. The Federal Bar is putting together this timely symposium on sexual harassment in the workplace. The panel, moderated by Celeste Higgins, includes: Honorable United States Magistrate Lauren Fleischer Louis, J.J. Piskadlo Jr., Legislative Assistant to Senator Lauren F. Book, Robert Weisberg from EEOC Miami, Grissel Seijo from Restaurant Brands International, and John Byrne, Esq., partner at Leon Cosgrove, LLP. When: Thursday, May 17, 2018, 11:30am – 1:30pm Register here.

To recuse or not to recuse...

Judge Gold recused on the Ted Klein mold case. Julie Kay, in the National Law Journal, speculates that the entire Southern District bench may follow suit:

U.S. District Judge Alan Gold in Miami has recused himself from a Freedom of Information case brought by the children of deceased magistrate judge Ted Klein against the General Services Administration. Gold's judicial assistant confirmed Monday that Gold has recused himself from the controversial case. Many are speculating that the entire Southern District of Florida bench will wind up recusing themselves and a judge in another district will hear the case. On Dec. 28, the children of deceased Magistrate Judge Ted Klein filed a complaint in Miami federal court accusing the General Services Administration of failing to comply with a Freedom of Information Act request seeking information about the David Dyer Federal Courthouse.

UPDATE -- This morning a judge from the Nothern District of Georgia has been assigned the case.

Mold findings....

Some more coverage of the Dyer mold problem here and here and here.

From the AP:

Miami's historic downtown federal courthouse suffers from extensive contamination of dangerous types of mold and should have some sections closed for cleaning, according to a new environmental study released Tuesday.

But the analysis by a private firm - hired by the attorney for the family of a judge who died in 2006 of a lung ailment - stops short of recommending that the 75-year-old building be shuttered completely.

The now-sealed courtroom formerly used by the U.S. Magistrate Judge Theodore Klein before his death contained "very heavy growth" of hazardous mold and there are concerns that spores have spread throughout the building through air conditioning systems, said attorney Alan Goldfarb.