Federal Bar Association Annual Meeting

 The SDFLA Federal Bar Association is hosting the big national convention here in Miami.  Last night there was a reception welcoming Judge Altonaga as our new Chief Judge.  Below is a picture (courtesy of Margot Moss) of the Chief speaking at the event, which had really cool courtroom art displayed all throughout the room.  I still think cameras in the courtroom would be a big improvement over the pictures, but it was fun to walk around and see the old drawings.  Congrats again to Judge Altonaga!

Breaking -- WPB Magistrate Judge short list

 Thanks to a great tipster, I know now that the 5 lawyers who made the short list for Magistrate Judge in West Palm Beach are:

-AUSA Brandy Galler

-AUSA Randy Katz

-Ryon McCabe, McCabe Rabin

-AFPD Penny Birch

-Patti Leonard, Shutts & Bowen

Congrats to the finalists.

Also, it turns out that I missed regular blogging more than I thought I would.  So I am going to take the reins back for a while.  I want to thank the guest bloggers for their amazing posts and the time that they spent on the blog.  They will hopefully still post, especially when I need some help.  But for now -- for better or worse -- you have me back for a while.  

More Defenders on the Bench, Please.

 By Margot Moss

Although President Biden took office with the fewest judicial vacancies for a new president in over 3 decades, nearly 50 federal judges announced their retirement since Biden's inauguration.  This nearly doubles his opportunities to appoint lifetime judges.  

With these vacancies, President Biden and his top lawyers are making an effort to increase professional and demographic diversity.  Just yesterday, Veronica Rossman, a longtime assistant federal defender, was confirmed by the Senate to the Tenth Circuit.  She will join other former federal defenders on the Circuit Bench, including Ketanji Brown Jackson (D.C. Circuit), Gustavo A. Gelpi, Jr. (First Circuit), and Eunice C. Lee (Second Circuit) - who also all happen to be individuals of color.  Still awaiting confirmation is Candace Jackson-Akiwumi (Seventh Circuit), who practiced for over 10 years as an assistant federal defender.  Former public defenders are also being appointed to the District Court bench, including Omar A. Williams (D. Ct.), Jia M. Cobb (D.D.C.), Margaret Strickland (D.N.M.), and many others. 

But we still need more!  At a time when diversity is encouraged and applauded, this should include diversity of legal background as well.

No update yet on the two openings in our District.  Note that Michael Caruso is on the list of finalists.  Not only is he the Federal Defender, but he is also a fellow blogger! 

 

Happy Autumn Equinox!  Can’t believe the year has gone by so fast. 

Judge Bloom strikes down sanctuary city ban

From the Miami Herald:

A federal judge in Miami on Tuesday blocked Florida from enforcing a ban on so-called sanctuary cities, declaring portions of a law unconstitutional and tinged with “discriminatory motives.”

The judge’s ruling struck down a key portion of the 2019 law that prohibits local and state officials from adopting “sanctuary” policies for undocumented migrants, a main focus for Gov. Ron DeSantis, who vowed to ban “sanctuary cities” in Florida when running for governor in 2018 even though there were none in the state.

The judge also blocked the state from enforcing a provision in the law that requires law enforcement officers and agencies to “use best efforts to support the enforcement of federal immigration law” when they are acting within their official duties.

But the court allowed other provisions to stand, including one that required state and local law enforcement agencies to comply with immigration detainers — federal requests to hold undocumented immigrants past their release dates so that immigration agents can pick them up.

However, the judge blocked a provision that said local and state agencies could transport detainees who are subject to an immigration detainer to federal custody outside of their jurisdiction because it is “preempted by federal immigration law and is therefore unconstitutional.”

The ruling was in response to a lawsuit filed by the city of South Miami and other organizations, including the Florida Immigration Coalition, against DeSantis in an effort to strike down the law.

“The verdict validates what we said three years ago, Governor DeSantis pushed for a law that is not just racist, but unconstitutional,” said Antonio Tovar, a board member of both the Florida Immigrant Coalition and the Farmworkers Association of Florida, another group that joined the case.

Here's the 110 page order. 

In praise of trial lawyers

By Michael Caruso

Unlike David, I'm not a naturally gifted trial lawyer. Any skill I've managed to acquire over the years is from watching and learning from my colleagues at the Federal Defender's office.  When I started, lawyers like Hector, Mary, Miguel, Joaquin, Manny, Omar, and Ken were my role models for how to try a case. And my current colleagues continue to inspire me with their grit, creativity, and ability. 

One cross-examination I saw when I was a young lawyer stands out in my memory. An assistant federal defender—Richard—was trying a case that lawyers sometimes call a "slow plea." A challenging case. 

As usual, the arresting agent wrote a report of his investigation. On direct, however, he testified to seemingly critical facts that were not in his report. When he had a chance to ask questions, Richard pressed him on these "new" facts. The agent, when confronted, responded that he had an exceptional memory and powers of recall. 

Richard reached the end of his questions. Despite his best efforts, the agent inflicted damage and Richard looked beaten. Gathering his notes, Richard turned to walk back to the table where his client sat. But, before he sat down, he returned to the lectern. 

He looked at the agent and asked: "What were the first three questions I asked you?" Richard let the "uh...." hang just long enough in the air before he sat down and said, "No further questions."

Richard's work left a lasting impression on me. His tenacity, inventiveness, and courage are all traits I've tried to emulate. 

This trial happened a very long time ago, and my memory may be faulty as to all of the circumstances. I would've double-checked with the transcript, but the jury found Richard's client not guilty, and no transcript was ordered.