News & Notes -- Rosh Hashanah edition

The Eleventh Circuit just decided Temple B'Nai Zion vs. City of Sunny Isles Beach.  It's quite a read.  The issue presented is one of ripeness: "This appeal presents the question whether an Orthodox Jewish synagogue’s statutory and constitutional challenges to its designation as a historic landmark by a municipality are ripe for adjudication."  But check out some of these facts:

The City was not supportive of the Temple’s expansion plans, and in the period that followed Rabbi Lankry met with Mayor Edelcup on several occasions to work out the differences. The meetings went badly. At one point, Mayor Edelcup allegedly referred to the Sephardic Jewish community as a “bunch of pigs.” When Rabbi Lankry inquired as to whether he could quote the mayor as to his pejorative comment, Mayor Edelcup responded, “I don’t care what the [expletive] you do.” The animosity between the parties now proceeded at full bore: when the Temple rebuffed the City’s attempt to purchase the property on which the Temple was situated (the Temple is apparently located adjacent to city hall), Mayor Edelcup directed the City’s code enforcement officers to inspect the Temple, and between September 2007 and February 2009, the Temple received 12 separate code violation notices from City officials.
***
At a public hearing held before the full City Commission on September 2, 2010, the same witnesses who had appeared before the Preservation Board appeared again and provided essentially the same testimony. Because the hearing was public, citizens were permitted to take the lectern and offer comments during the proceeding; many took the opportunity to complain about the operation of the Temple, accusing Rabbi Lankry and the Temple of removing memorial plaques from the walls, failing to light candles for deceased congregants, denying access to former congregants, and absconding with the Temple’s Torahs. The City Commissioners—three out of five of whom were members of the Temple congregation before it became Orthodox—also offered public comments before voting on the designation. Commissioner Gerry Goodman, who had previously sat on the Temple’s board of directors, for example, questioned Rabbi Lankry at length about why the Temple seemed to be closed to the public on certain days. Commissioner Goodman had purchased a memorial plaque for a loved one at the Temple some years earlier but had been unable to view the plaque when he attempted to do so. Goodman then began to ask Rabbi Lankry whether the Temple was being leased out, but Mayor Edelcup interjected, admonishing Goodman to “[f]ocus on the issues.” Before closing his remarks, Goodman asked Rabbi Lankry whether Lankry had called him an anti-Semite in the local newspaper.

Yikes.  At the end of the day, the Court engages in some technical ripeness analysis but asks the parties for some reflection (which is appropriate at this time of year!):

We do not know who will ultimately prevail between the Temple and the City in this ongoing feud. That question—a merits one—is not ours to answer. We merely decide today that the claims enumerated in the Temple’s complaint are ripe for judicial adjudication. And while we embrace some hope that the parties might bury their strife before the next stage of federal litigation comes to pass, again on that score, only time will tell. At this juncture, it is enough to say that the order of the district court is vacated, and that the Temple’s challenges to the enactment of the historic designation are ripe for review.

Dan Wallach of Becker & Poliakoff represented the Synagogue. Coffey Burlington represented the City.

Sorry kids, summer's over

That means it's time for football, traffic, and... some changes at the U.S. Attorney's office.  Here's your new lineup:

Marcus Christian is leaving the local office and heading to DOJ -- UPDATE: Actually he is headed to a law firm in DC, and not DOJ.  Thanks to the commenters and tipsters.
George Karavestos takes over as Executive Assistant U.S. Attorney
Lynn Kirkpatrick takes over for George as the Chief of Narcotics
and Norman Hemming is now Special Counsel

Meantime, the government has charged two lawyers in the Rothstein saga.  From the Sun-Sentinel:

Nearly four years after Scott Rothstein's massive Ponzi scheme spectacularly imploded, the long-simmering criminal investigation entered a new phase Friday with the arrests of two Broward County attorneys accused of assisting the fraudster.
Douglas L. Bates, a Plantation attorney, was picked up at his Parkland home early Friday by IRS agents. Christina Kitterman, who had worked at Rothstein's law firm, surrendered at the West Palm Beach federal courthouse. Both are accused of lying to some of Rothstein's investors as he kept his $1.4 billion fraud alive.
"The success of such a large-scale scheme depended on the complicity of Rothstein's colleagues and associates, like Douglas Bates and Christina Kitterman," said U.S. Attorney Wifredo A. Ferrer.
The two attorneys became the first defendants to be indicted for their roles in the alleged criminal activities the now-disbarred attorney ran out of the Rothstein Rosenfeldt Adler law firm. The now-imprisoned Rothstein and eight other defendants all cut deals with the federal government in advance of being criminally charged.

What is Marco Rubio's reason for blocking Will Thomas?

The DBR (John Pacenti) has a lengthy article about Marco Rubio's decision to block two African American nominees -- William Thomas and Brian Davis -- to the district court.  But he refuses to explain his reason for the decision. 

Republican U.S. Senator Marco Rubio, a tea party darling, is blocking confirmation hearings for two black judicial nominees by withholding the formality of submitting what is known as a "blue slip." Miami-Dade Circuit Judge William Thomas was nominated 552 days ago for a Miami opening in the Southern District of Florida. Nassau Circuit Judge Brian Davis has been waiting even longer — 612 days — for action to fill a Middle District of Florida vacancy in Tampa. The blue slip is a required by the chairman of the Judiciary Committee, Senator Patrick Leahy, D-Vermont. Waiting for blue slips is a longstanding procedure that the chairman does not plan to break, his spokeswoman Jessica Brady said Thursday. Florida's other senator, Democrat Bill Nelson, has submitted blue slips for both candidates. Rubio's and Nelson's offices did not respond to telephone calls or emails seeking comment by deadline. The failure to submit blue slips marks a ratcheting up of Republican efforts to block President Barack Obama's judicial nominees, even if means alienating minorities, critics say. Thomas and Davis fulfill Obama's goal of bringing greater diversity to the federal bench. Both are black, and Thomas is openly gay. Obama has been more dedicated to diversity than any of his predecessors, with 43 percent of women nominees compared with 22 percent under George W. Bush and 29 percent by Bill Clinton. Obama also surpassed his predecessors on nominating blacks and Hispanics. By delaying the nominations of minorities, Republicans hope to hinder a lasting legacy on the lifetime appointment of jurists, said Andrew Blotky, director of Legal Progress, part of the Center for American Progress in Washington. "If you look at how long these vacancies have been open, it's ridiculous and unconscionable," he said.

Meantime, the district continues to try interesting cases.  The psychic trial is going on in Ft. Lauderdale.  Via Paula McMahon:

When Sylvia Roma visited a psychic in late 1997, she was a successful executive who figured her life was happy and the tarot card reading was "just for entertainment."
But Roma was quickly convinced that her family was cursed, she said, and over the next 14 years she sent close to $800,000 worth of cash and gold coins to the woman she knew as Joyce Michaels, but who was really Rose Marks.
Marks summoned her to Fort Lauderdale in July 2002 and told her that nearly $500,000 in cash and gold coins Roma had already given to Marks had burned in the 9/11 terrorist attack on the World Trade Center — yet Roma continued to send money and jewelry to Marks, she testified.
"I was in so far, I had nothing to do but believe her. I didn't see any way out," Roma testified Thursday in federal court in West Palm Beach, where Marks is on trial.
Prosecutors say Marks, 62, of Fort Lauderdale, and her family defrauded about $25 million from victims they met in Manhattan and South Florida.
It's rare for so-called Gypsy fortune-telling frauds cases such as this one to go to trial, law enforcement experts say, and one of the reasons is that alleged victims are embarrassed and ashamed to admit they've been tricked.
Roma, who will be back on the witness stand Friday to be cross-examined by the defense, told jurors that she became depressed and isolated as Marks urged her to send more and more money.
Marks told Roma she couldn't discuss "the work" with anyone because it would let "negative energy" affect Marks' efforts to lift the curse and help Roma to have a happier life, she said. Marks told her she was meditating and building an altar and a protective shield with the hundreds of gold coins that Roma provided to her.

Any predictions on how this one will turn out?

JNC decides to interview these 17 applicants

Two new federal district judges will come from this list:

Beatrice Butchko
Jack Tuter, Jr.
John Thornton, Jr.
David Haimes
Thomas Rebull
Mary Barzee Flores
Martin Bidwill
Daryl Trawick
Jeffrey Colbath
Darrin Gayles
Robin Rosenberg
Migna Sanchez-Llorens
Meenu Sasser
Veronica Harrell-James
Beth Bloom
Barry Seltzer
Peter Lopez

I've listed the applicants in interview order.  The interviews are on September 17, and this list will be narrowed to 4 people.

Fat Joe to the Big House

For 4 months on a tax evasion case.  He's at FDC.  From TMZ:

Fat Joe has just turned himself in to prison to serve his 4 month sentence for tax evasion.

The rapper -- real name Joseph Cartagena -- is officially in custody at the Federal Detention Center in Miami.

As TMZ previously reported, Joe pled guilty back in December to stiffing Uncle Sam on a boatload of taxes for the years 2007 and 2008 ... more than $1 million total.

He originally faced up to two years in the slammer for the crime -- but was ultimately sentenced to just 4 months and a $15,000 fine, plus one-year supervised release.