NYT: should we elect or appoint our judges?

The New York Times had an interesting piece this weekend concerning an issue we've discussed on this Blog before -- whether judges should be elected or appointed.

Adam Liptak's article contains pretty good arguments as to why judges should be appointed, which is our position as well.

Check it out here: http://mobile.nytimes.com/article?a=168619&f=21&single=1

And let us know your thoughts.

News & Notes

1. "Sport fishing 'shtick' nets probation term for charter boat operator" via Vanessa Blum. If you can't get enough Tom Watts-Fitzgerald, check out this article:

Rejecting a call for harsher punishment, a federal judge on Thursday ordered the owner of a South Florida charter fishing business to serve five years' probation for not reporting sailfish reeled in by customers and killing undersized fish.Stanley Saffan, 58, of Miami Beach, who pleaded guilty to those charges in February, must also pay $210,000 in financial penalties, forfeit one of his Therapy IV boats to the federal government and perform 500 hours of community service work.A crowd of relatives and supporters who turned out for Saffan's two-day hearing showed relief at the sentence, which was well below the 18 to 24 months' prison term sought by federal prosecutors.U.S. District Judge William Zloch barred Saffan, who runs sport fishing charters out of Baker's Haulover Inlet in North Miami Beach, from serving as captain of a vessel during his probation

2. "Gun box allowed as evidence in ghost ship case" via Jay Weaver. Judge Huck rejected the defense's motion to suppress:

An empty gun lockbox -- considered vital evidence in the case of four Miami Beach charter boat members slain at sea -- will be allowed at the trial of two men charged with their murders, a federal judge ruled Wednesday.
U.S. District Judge Paul Huck rejected an attempt by attorneys for defendant Guillermo Zarabozo to suppress evidence gathered by FBI agents at his mother's home -- including the lockbox that may have contained the suspected 9mm handgun used in last fall's killings.
''The point here is not that they found a firearm in a lockbox,'' Huck said. ``It's that they found no firearm in the lockbox.''

DNC lawsuit

From the Miami Herald:

Florida's history of discrimination against African Americans should force the national Democratic Party to count all of the state's delegates at its national convention, a federal lawsuit filed Thursday claims.

The suit, filed by state Senate Democratic Leader Steve Geller and two other Democrats, claims that the federal Voting Rights Act prohibits the national party from stripping the state of its convention delegates as punishment for violating party rules by holding its primary too early.

The civil-rights-era law requires the U.S. Justice Department to approve any significant voting change in Florida to make sure it doesn't disenfranchise minority voters. Geller argues that includes the Democratic National Committee's demand that Florida switch ''from a state-run primary to party-run caucus system'' to avoid losing its delegates.

''This is not about the Hillary Clinton campaign; this is not about the Barack Obama campaign. This is not even about the Florida Democratic Party. This is about democracy and how we value our votes,'' said Barbara Effman, president of the West Broward Democratic Club and a Clinton delegate. Effman joined Geller, an uncommitted superdelegate, and Percy Johnson, an Obama delegate, in the lawsuit.

Here's the lawsuit, filed by Ben Kuehne and Richard Epstein, which was assigned to Judge Marra.

Liberty City 6 on the web

Just got an email about MobLogic.Tv which has this video about the Liberty City 6 and this post titled, "Thought Police":

News & Notes

1. "Former Miami-Dade teacher gets 7 years for enslaving Haitian girl" via the Sun-Sentinel. From the intro of Vanessa Blum's article:
A federal judge on Tuesday sentenced a South Florida woman to seven years and three months in prison for keeping a teenage girl from Haiti in servitude for six years.Maude Paulin, 52, a former Miami-Dade County middle school teacher, was convicted in March along with her mother, Evelyn Theodore, of conspiring to enslave the girl, forcing her to work and harboring an illegal immigrant.Before being sentenced, Paulin apologized to U.S. District Judge Jose Gonzalez Jr., saying she had good intentions when she arranged to bring Simone Celestin from Haiti to live with her family."I love Simone with all my heart," Paulin said. "Unfortunately, I can't change what is already done."

2. "26 charged in migrant smuggling crackdown" via the Miami Herald. Jay Weaver reports:
Federal prosecutors on Tuesday charged 26 South Florida suspects with conspiring to smuggle Cuban migrants in yet another major crackdown on illegal crossings of the Florida Straits.
In the latest 12 indictments, the defendants are accused of trying to bring 225 migrants to South Florida.
Prosecutors also charged two other suspects, Yamil Gonzalez-Rodriguez, 34, and Roberto Boffil-Rivera, 35, with alien smuggling, unlawful possession of a firearm and lying to a federal agent.
After the five Cuban migrants reached U.S. shores on April 21, Rodriguez demanded $25,000 payment, prosecutors said.
Immigration and Customs Enforcement agents and Miami-Dade police detectives recorded two meetings between one migrant and Rodriguez, investigators said. On May 1, he paid Rodriguez $2,000. Six days later, he paid him an additional $3,000.
But Rodriguez was unsatisfied and threatened to shoot the migrant, police said. Rodriguez and Rivera were later arrested. Investigators found a loaded KAHR PM-40 firearm in one of the suspect's cars and pictures of Rivera holding the weapon.

3. Rumpole reports on trying to navigate state court:
We recently received an email from a prominent federal defense attorney who noted his/her travails on a recent Monday morning outing to our humble building. There was no place to park and after a half an hour of circling they parked in the median on a grass strip several blocks away.They got to the courtroom only to be told the prosecutor they had a meeting with had decided not to show up for work that day.A quick trip to the restroom (a clear rookie mistake) produced a few untimely steps in human liquid waste that was on the floor.And finally, beaten down by the heat, the lines, the smelly and dirty bathrooms not to mention the ridiculous belief that the prosecutor who agreed to meet them in court had any intention of actually showing up, they trudged back to their car, tie askew, bathed in sweat, actually longing for Judge Dimeitrouleas’s rocket docket, or for a quick arraignment and trial before Judge Huck, or a nice friendly sentencing before Judge Zlock.

4. "South Florida law firms hit by real estate slump, shed workers" via National Law Journal." Julie Kay explains:
In another sign of the hard times facing the legal industry, particularly in real-estate heavy South Florida, two local law firms — Holland & Knight and Shutts & Bowen — have laid off non-lawyer staffers. On a day that could be dubbed Black Friday in South Florida legal circles, Tampa-based Holland & Knight, one of Florida's largest and most venerable firms with 1,150 lawyers, laid off 70 staffers Friday, including legal secretaries, IT and accounting staff. No lawyers were laid off. The layoffs of about four employees in each of Holland's 17 offices represented 5% of Holland's non-lawyer workforce. Shutts & Bowen, a 200-lawyer, Miami-based firm, Friday laid off nine people, all entry level file clerks or paralegal clerks. No lawyers or legal secretaries were affected. The news comes on the heels of a decision announced internally Friday by Fort Lauderdale-based Becker & Poliakoff to temporarily and immediately chop all lawyer salaries by 12%. The firm, which is heavy in condo and real estate representation, said it was forced to take the action since clients are delaying payment in this lean economic environment.

Supreme Court decides US v. Williams

You all remember this case -- the child pornography case that our own Rick Diaz and Lou Guerra argued before the High Court.

The Court ruled 7-2 against Diaz's client.

Here's a summary from SCOTUSBlog:

In a second major ruling, the Court — after years of repeatedly nullifying Congress’ efforts to stamp out child pornography on the Internet — finally upheld such a law, a 2003 statute that Congress shaped in a way that it hopes would spare it from the same fate as earlier attempts. In an opinion by Justice Antonin Scalia, the Court found that the 2003 law did not reach too far and that it was not vague in its scope. The decision came on a 7-2 vote in United States v. Williams (06-694).

Here is Justice Scalia's opinion.

Ben Kuehne receives award

The Florida Association of Criminal Defense Lawyers-Miami Chapter had its annual banquet Saturday night. Of note for this blog, Ben Kuehne received the lifetime achievement award (which the group decided to give him after he was charged, not before as was reported in the NLJ and WSJ blog -- I know this because I was at the meeting where we unanimously agreed on the award). Ben spoke eloquently after he was introduced by Hank Coxe, former president of the Florida Bar.

The Jose Padilla defense team was also given awards. They were introduced by Kathy Williams, who gave a wonderful and fiery talk. Michael Caruso's speech was well done; he spoke about how important it was to have an independent judiciary and he applauded Judge Cooke for upholding her role in this respect.

On the state side, Steve Leifman received the judicial distinction award. He does such good and important work for the mentally ill. His award was well-deserving.

In addition to the awards, it's always fun to people watch at these things.... All in all, a fun night.

UPDATE -- apparently the WSJ blogger was there.

Is 23 years an appropriate sentence for a business opporunity fraud case?

That's the question posed by Vanessa Blum in this Sun-Sentinel article:

"A once in a lifetime opportunity." "A part time business that earns a full time income." "Call now!" "Don't miss out!"The late night television ads for the Box Office Express DVD rental machine peddled a dream. But it didn't take long for customers of the Hollywood firm to realize they'd been sold an empty promise.In some cases the machines never came. Sometimes they arrived but didn't work properly. Those that functioned would never yield impressive profits.Today federal prosecutors are asking a Miami federal judge to sentence the founder of American Entertainment Distributors Inc. to 23 years in prison for conspiracy, fraud and violating a court order banning him from selling business opportunities. Russell MacArthur, 43, pleaded guilty to those charges in February.

Prosecutors contended the false statements and inflated profit forecasts MacArthur, used to sell the DVD vending machines at American Entertainment amounted to a massive fraud that cost 400 investors a total of nearly $20 million. His plan all along, according to prosecutors, was to make as much money as possible and then declare bankruptcy and fold.It's an area where federal authorities in South Florida have been cracking down. A string of recent cases targeting so-called "business opportunity fraud" have involved the sale of debit card dispensers, Internet kiosks, payphones and anti-aging devices.So far, 14 individuals affiliated with American Entertainment have been convicted, not including MacArthur's partner, Anthony "Rocco" Andreoni, who died in March just hours before he was set to plead guilty.The defendants had worked for at least 16 other business ventures in which most customers lost almost all their investment, prosecutors alleged.In a recent court filing, MacArthur's attorney, Frank Rubino, asserted that prosecutors have exaggerated financial losses tied to American Entertainment. Most customers received the DVD rental machines they paid for, if not the profits they expected, Rubino said.But prosecutor Patrick Jasperse of the Justice Department's consumer fraud section responded that the machines, which sold for $28,000 to $40,000, had no value because American Entertainment failed to provide locations for them and other services that were promised.

This afternoon, Judge Martinez sentenced MacArthur to 23 and 1/2 years.

UPDATED -- Here's the story of the sentencing by Blum. A couple of reasons for the lengthy sentence:

[Judge] Martinez said MacArthur deserved extra punishment for violating a court order banning him from selling business opportunities and for fleeing to Costa Rica after his indictment in 2005. He pleaded guilty in February.The judge called the DVD rental machine, which sold for $28,000 to $40,000, "a worthless piece of junk."

The defense lawyer responds:
Defense attorney Frank Rubino called the 23-year prison term "excessive" and a sentence more suitable for a drug lord or a terrorist."I'm not making light of this crime, but my god, 10, 12, 13 years is a long time," Rubino said.

The prosecutor:
But prosecutor Patrick Jasperse asked for harsh punishment, saying MacArthur was responsible for stealing the life savings and college funds of retirees and hardworking individuals."Russell MacArthur is a danger to the public," Jasperse said.