More judges?

Today's DBR (pass through link required) details a new bill in Congress to add 3 judges to our district, as well as splitting up the 9th Circuit. Although splitting the 9th is talked about every year and is very controversial, we would be the beneficiaries if the bill passes. I'm quoted in the article:

“We are the busiest and best district in the country and we could always use more judges,” said David Markus, vice president of the Florida Association of Criminal Defense Lawyers. If new judgeships are created in South Florida, a battle over where they would be stationed is likely, said insiders. A push to post the new judges in Broward, Palm Beach or Martin counties, where the population is rapidly growing, is expected, although some would likely want the judges based in Miami. “We’d like to see them in our brand new courthouse which is opening next year,” Markus said.

Booker in the 11th Circuit

Hat tip to Doug Berman over at the Sentencing Law and Policy Blog for this head's up:

Law.com this morning has this article discussing the state of Booker appeals in the 11th Circuit. The article reviews the interesting concurrences this week from Judge Tjoflat (discussed here) and Judge Carnes (discussed here). The article also interestingly notes that the "11th Circuit has handled nearly 1,100 decisions in the past 10 months that pertain to Booker, according to a Lexis database search."

Here's the conclusion of the article, which highlights the internal fights in the 11th:

Although a majority of the 12-judge circuit voted not to rehear the Rodriguez case, Tjoflat criticized Carnes' approach in a dissent, saying Carnes will make applying Booker "a meaningless formality in all but the rarest of cases." Carnes' rejoinder came in a 43-page opinion. Carnes wrote that Tjoflat's conclusion "requires not just a set of reading glasses but also a vivid imagination."

Not so fast...

We earlier discussed how the Justice Department was trying to avoid a showdown on the Presidential powers debate in the Supreme Court re Padilla by charging him here in the Southern District of Florida. The Government counted on the fact that the Fourth Circuit would approve of the transfer to this district to face charges. But the Fourth wasn't so happy about the fact that its ruling was based on allegations far more sweeping than those alleged by the Government in its indictment here.

Judge Luttig has asked for the following question to be briefed: "Whether, if the government's motion is granted, the mandate should be recalled and our opinion of Sept. 9, 2005, vacated as a consequence of the transfer and in light of the different facts that were alleged by the President to warrant Padilla's military detention and held by this court to justify the detention, on the one hand, and the alleged facts on which Padilla has been indicted, on the other." The government has until Dec. 9 to file its new brief on that issue. Padilla's lawyers are to file their brief a week later, by Dec. 16.

Lyle Denniston has this analysis over at ScotusBlog.com:

The Fourth Circuit had upheld Padilla's detention on the basis of more serious claims of wrongdoing than the charges contained in the new criminal indictment. The government contended, in seeking to justify his detention, that he had been
planning to release a radioactive bomb in a terrorist plot in this country. The
new indictment levels charges of joining in a terrorist "cell" of activity to support global terrorism efforts. The indictment describes a quite minor role for Padilla.
If the government has no interest in pursuing the more serious charges, for whatever reason, the Fourth Circuit may believe that its September ruling has been undercut. This will become clear after it acts following the new briefing. In the meantime, the Justice Department has until Dec. 16 to file its response to Padilla's appeal to the Supreme Court. The Circuit Court's order may complicate that proceeding, because it will not have ruled on the transfer motion, and the possible withdrawal of its September ruling, by Dec. 16. The government, of course, would be free to ask for a further extention of time to file its response.

No word yet on how this will affect the ongoing Southern District case.

New state court gossip blog

Just wanted to point you all to a fun new blog about the state court justice building in Miami, called Justice Building Blog. Its author is Rumpole, who describes himself* this way:

In order to allow a free and fun discussion of the Justice Building, and because from time to time I need to get my clients a bond, I have assumed the identity of that famed English Defense Attorney Rumpole of the Bailey. What I can reveal is that I am a practicing criminal defense attorney in Miami, Florida who has the same high opinion of Judges, Prosecutors, Civil Lawyers, and stuffed shirts as my fictitious alter ego.

I've been asked who the author is and have even been asked if it was me. I don't know who it is and it certainly isn't me.

*Although I use the male pronoun, for all we know Rumpole could be a woman. See, e.g., Article III Groupie, A/K/A AUSA David Lat.

Congrats to . . .

Michael Caruso on being named the Chief Assistant Federal Defender for the Southern District of Florida. Michael is one of the finest lawyers I know.