Return to Normal...

I'm back from Orlando (there is nothing like seeing Disney World through your kid's eyes...) and I see that Chief Judge Zloch has announced that everything is back to normal starting tomorrow. I wonder how jurors selected to sit for long trials are going to feel about it now that they can just get back to work themselves... It should be interesting. Here is the release:

Return to Normal Operations on Monday, November 7, 2005
Chief United States District Judge William J. Zloch announced that the United States District Court for the Southern District of Florida will resume normal hours and operations on Monday, November 7, 2005. Clerk’s Office hours are from 9:00 a.m. to 4:30 p.m. Jurors should call in for reporting instructions at (800) 865-1775. This announcement applies to district court facilities in Miami, Fort Lauderdale, West Palm Beach, Key West and Fort Pierce.

UPDATE: Judge Zloch also issued an Order on behalf of the entire Southern District of Florida, tolling the speedy trial clock from October 24 through November 4, 2005 due to Wilma. Hat tip, Brian Tannebaum. I feel bad for the clerk's office because J. Zloch directs the clerk to file the Order in every criminal case and to give notice to all parties. What a headache...

Smuggling Blues

Gil Rodriguez and Taboada Cabrera pleaded guilty yesterday in a case involving smuggling Cubans to the United States. During the trip a 6 year old boy tragically died. Coverage here and here.

I will be out of town this weekend (I'm speaking at a sentencing seminar in Orlando tomorrow and then going to spend the rest of the weekend in Disney with my family) so blogging will be very light if at all...

Cuban five

The Miami Herald has this article about the decision to grant en banc review of the Cuban Spy decision. Good article but it has a completely misleading headline -- "Verdict to stand for five Cuban spies." From that headline one would think that the jury verdict was affirmed and that there were no further proceedings. Nothing could be further from the truth. The entire 11th Circuit has decided to hear the case. The Sun-Sentinel article's headline is more accurate: "Appeals court voids Cuban spy decision, will rehear case."

Breaking news -- Cuban Spy en banc

I have it on good authority that the Eleventh Circuit has granted en banc review in United States v. Campa, the cuban spy opinion.

UPDATE: Confirmed. Here is the text of the order:

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges*.
B Y T H E C O U R T :
A member of this Court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above causes shall be reheard by this court en banc. The
previous panel's opinion is hereby VACATED.
__________________________
*Senior U. S. Circuit Judge Phyllis A. Kravitch may elect to participate in further proceedings in these matters pursuant to 28 U.S.C. § 46(c).

Slow blogging

Sorry about the slow blogging, but I still don't have power at home and I typically like to post before I go to work and late at night when everyone else is asleep...

In any event, most of the news is Wilma related and I'm sure everyone is Wilmad out. But if you're not, there is great coverage of how Wilma affected the courts and law firms in the Daily Business Review. All the articles require pass-through links, so it doesn't do any good to post them here. But if you can grab a copy of the Review, it's worth it. I was quoted in one funny article this morning about how half of Miami went to Orlando to ride out the storm. I offered my office (which has power, internet, etc) to any lawyer who needs it, "including prosecutors." To date, no prosecutor has taken me up on the offer...

Still no jury trials until further notice

Here's the latest press release:

United States District Court for the Southern District of Florida Open With Reduced Hours Beginning November 1, 2005 until Further Notice
Chief United States District Judge William J. Zloch announced that the United States District Court for the Southern District of Florida will reopen on Tuesday, November 1, 2005 in all divisions. The Clerk's Office will be open in Miami, Fort Lauderdale, West Palm Beach and Fort Pierce; however, the District Court's hours of operation will be limited to between 9:30 A.M. and 3:30 P.M until further notice.
Southern District of Florida courthouse facilities will be generally open to the public but no new jury trials will commence until further notice. The Court will operate under this reduced schedule in consideration of localized power outages, supply shortages, and the recent conversion to daylight savings time which together may complicate evening commuting.
Information concerning the status of the Court's operations will be posted here on the Court's web site.
Last Updated: Monday, October 31, 2005

Nominee Alito

So the President has nominated Judge Sam Alito to fill O'Connor's seat.

It's an interesting choice, especially when compared to Bush's other two nominations. Roberts was an unknown, but a very smart unknown. It was difficult for either side to really attack him because he was so qualified. Miers was viewed as a not-so-smart unknown. And it was easy for both sides to attack her because she was seen as unqualified. Now we get Alito, a known and smart commodity. He's been a judge for fifteen years and has a long track record, even on issues like abortion. See Planned Parenthood v. Casey (Alito supported abortion restrictions). His record will certainly make the hearings more exciting to watch.

For all the news, background, and gossip I would check out ScotusBlog, How Appealing, Professor Berman's site, and Underneath Their Robes.

Latest press release from court website

United States District Court for the Southern District of Florida Operations on Monday, October 31, 2005
Due to the ongoing community recovery efforts and supply shortages in the aftermath of Hurricane Wilma, Chief United States District Judge William J. Zloch announced that the United States District Court for the Southern District of Florida will be open on Monday, October 31, 2005 subject to the following restrictions: The Clerk's Office will be open in Miami only, and its hours of operation will be reduced to 10 A.M. to 3 P.M. The Clerk's Offices in Fort Lauderdale, West Palm Beach and Fort Pierce will remain closed.
All Southern District of Florida Courthouse facilities will remain generally closed to the public. The Miami Clerk's Office will be available during reduced hours to receive emergency filings. No jury trials or hearings will be held or commenced until further notice.
A further announcement about the status of the District Court’s operations will be made by 4:00 P.M. on Monday, October 31. Information concerning the status of the Court’s operations will be posted here on the Court’s web site.
Last Updated: Saturday, October 29, 2005, at 1:00 p.m.