Judge Gold is Zen

Judge Gold gave a nice talk today about civility in court. But it wasn't the same old talk. His theory is that stress is causing the incivility among both lawyers and judges. And he gave practical tips for trying to get rid of stress. In fact, Judge Gold is starting a group of lawyers and judges to deal with these issues. So what do you all think we can do to decrease the insane stress and pressure that each of us faces every day?

“My wife tells me what to do.”

That was Matt Gulla, the main snitch against the cops in the mortgage fraud trial, when asked whether another co-defendant told him what to do. "The answer momentarily caught [the defense lawyer] off guard, before he drew a titter throughout the courtroom by retorting that wives are the presumed bosses in the spousal pecking order."

A titter, huh?

That reminds me of the cross-examination question of a special agent getting thrown back at a defense lawyer many years ago: Question: "Aren't all agents special agents?" Answer: "My mom doesn't think so."

More from James Burnett, who is covering the case for the Herald:

“Yes” and “I don’t recall” became mantras Tuesday for Gulla, who has already accepted a plea deal that could send him to jail for less than three years, as defense attorneys pushed him repeatedly to admit carrying out the fraudulent transactions.

Gulla admitted that he and partner Rene Rodriguez, who has also accepted a plea deal, persuaded lenders to approve the applications, by making up fake lease agreements for properties the defendants already owned, to try to show non-existent rental income. Many of the fake leases used the names of Gulla’s high school classmates and in-laws. He said he and Rodriguez also stacked the deck for the accused cops by falsely telling lenders the defendants planned to make the investment properties their primary residences. The ultimate goal, Gulla said, was to secure better interest rates and larger loans for the defendants.

Under stiff cross examination by several defense attorneys Tuesday, Gulla explained how they were able to beat the system: Submitting fake documents and documents intentionally incorrectly filled out on the assumption that lenders simply wouldn’t catch on. Perhaps the most important toothless policy that Gulla and Rodriguez used to their advantage was the Stated Income Program, which essentially allowed potential home buyers to get loans with little to no proof of their income and credit worthiness.

But Gulla insisted the defendants were aware of his deceptions to lenders, and sometimes found humor in it.

He had testified Monday that once he bumped into Mittauer at an attorney’s office, where the alleged fraud ring held mortgage closings. When he asked Mittauer why he was there, Gulla testified Mittauer responded that he was just “trying to figure out where I’m moving this week,” an apparent reference to the frequently used “primary residence” lie.

“It was kind of sad, really,” Gulla said. “We both just kind of laughed about it.”

741 days

That's how long Judge Hurley has been waiting for Kathy Williams to be confirmed and take over his seat. The Sun-Sentinel covers the story:

"One of the great concerns for the court as an institution is that over time we'll have other vacancies, and if the vacancies aren't filled in a timely manner," legal logjams eventually will prevent people from getting their day in court, he said.
With two of his colleagues - U.S. District Judges Alan Gold in January and Paul Huck in July - joining him on what is known as senior status, his concern is more than academic.

The glacial speed of the U.S. Senate's judicial confirmation process, blamed on partisan politics, has hobbled courts throughout the country.
***
Among local attorneys, the conclusion seems obvious: "It's just partisan politics," Val Rodriguez said.

Miami attorney Neal Sonnett, a former president of the American Judicature Society, which focuses on promoting an independent judiciary, agreed. Last year Republican senators blocked the confirmation process, hoping they would seize control of the Senate in the November elections, he said. Now it appears some are intent on stalling nominations until after the 2012 elections, when they hope to put one of their own back in the White House, he said.

So far, attorneys said they haven't seen lengthy delays in getting cases heard and resolved in South Florida. Chief U.S. District Judge Federico Moreno said the district is lucky because seven senior judges still handle some cases. Further, Hurley said, case filings have slowed, in part, because of the economy.

While he credits the 15 full-time judges with moving cases quickly, attorney Ted Babbitt says eventually something has to give.

"The average person is going to get hurt because they're going to have to wait to have their cases heard," he said.

In other news:

--Maybe trial lawyers should try this on game day.

--The sentencing fight over how much time former Judge Jack Camp should get is probation or a whopping 15 days.

Cheese Touch!

The United States has charged some people with selling bad cheese.

This is all I could think of:

"This appeal is about usurping the role of the jury in a criminal trial byrelying upon racial stereotypes."

That's how Judge Pryor started the opinion in United States v. Almanzar. Also on the panel was Judge Carnes and our very own Judge Seitz.

The rest of the opinion's intro:

The key question presented is whether there is sufficient evidence to support a jury verdict that Araceli Almanzar knowingly possessed with the intent to distribute 500 grams or more of methamphetamine. 21 U.S.C. § 841(a)(1), (b)(1)(A). The United States appeals the judgment of acquittal and conditional grant of a new trial entered in favor of Almanzar after a jury found her guilty of the charged offense. During a traffic stop of a truck loaded with 6,665 grams of methamphetamine in a hidden compartment, Almanzar exercised control over the truck and gave both written and verbal consent to its search, lied to a state trooper about the ownership of the truck and her acquisition of it, presented a phony bill of sale, and appeared to be so nervous as to be on the verge of a “panic attack,” with her hands shaking and her mouth dry. Almanzar later admitted that she had lied to the state trooper because her travel by bus from Dallas to Atlanta with her brother to retrieve the truck from two strangers was “suspicious.” She also admitted that she knew the truck contained “something we were not supposed to have.” Before the district court entered a judgment of acquittal, it stated that “life is different for a Hispanic woman in a male dominated culture, . . . the cultural expectations are different and that Hispanic women frequently, basically, do what their male family members ask them to do without asking lots of questions.” The United States argues that the evidence was sufficient to support the jury’s verdict and the district court applied the wrong standard of review, relied on speculation and impermissible stereotypes, considered information not in the record, and substituted its judgment for that of the jury. The United States also argues that the jury’s verdict was not a miscarriage of justice that would support the grant of a new trial. We agree with both arguments of the United States. We vacate in part, reverse in part, and remand with instructions to reinstate the jury’s verdict and conduct further proceedings consistent with this opinion.

Who got this one right -- the district judge or the 11th Circuit?