Ervin Gonzalez

Curt Miner, one of Ervin Gonzalez's partners at Colson Hicks, sent this very nice email to his firm which captures Ervin:*

I walked to Starbuck’s a little while ago and came across this gentleman holding this sign out front.  His name is Chaunce O’Connor.  I introduced myself and thought maybe he had been a client of Ervin’s.  I asked him how he knew Ervin.  Chaunce said that he sits in his wheelchair out in front of Starbuck’s often and that Ervin is the only person in a suit that had ever stopped to take the time to talk with him.  He said that he would often see Ervin going to get coffee and that Ervin would always remember his name and stop to ask how he was doing.  He said he was sad today so he went to the drugstore to make this sign.  Chaunce asked me to pass along his condolences to everyone at the firm.  He offered his help if we ever need it because, he said, Ervin would have helped him if he ever needed it. 


[Sorry, the picture isn't uploading from the road. I will try again later.  The sign says, "We love Ervin. #1 Attorney." --DOM]

SCOTUS Term wrapping up.

Like teachers, Supreme Court Justices get the summer off. I'm not sure why this tradition started, but it's weird to me. Why don't other judges get the summer off? Why not lawyers? Not too long ago, Miami courthouses shut down in August and lawyers took that month off (because the courtrooms were just too hot). Even after AC, the tradition continued for a while, but not anymore.

Anyway, unlike teachers, Supreme Court Justices have quite a bit of assets (their base salaries are $250,000). SCOTUSblog summarizes some of those here:

• They get presents. Alito received a “bronze cast of hand” valued at $3,000 from Bottega Mortet, an Italian sculpture studio whose website advertises an “Artisan Hand Project.” There is no way to know whether the cast was of Alito’s own hand.

• ***

• They have very few debts. Last year the average U.S. household had debts totaling over $132,000. But seven of the eight justices – Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts and Thomas – reported that they had no liabilities at all, while the eighth – Sotomayor – listed only one liability, a mortgage on a rental property in New York.

• But they have a lot of investments. Alito listed well over 100 investments and trusts, including mutual funds, municipal bonds and stocks. The forms provide only a range for the justices’ investments, but Breyer’s appear to total over $5 million. Roberts holds stocks in major companies such as Time Warner, Texas Instruments and SiriusXM, although he sold at least $250,000 in Microsoft stock at the beginning of January 2016. Roberts also reported at least $600,000 in bank accounts and over $600,000 in college savings plans.

• They own a lot of real estate. Breyer owns a house in Nevis in the West Indies – presumably the same one where he was robbed by a man with a machete in 2012 – valued at between $250,000 and $500,000. (Breyer reported only limited rental income, of $1000 or less, for the house for the year.) Breyer sold land in Concord, Mass., for at least $500,000 to Neil and Anna Rasmussen, who run a Massachusetts foundation that promotes historic preservation and natural resources conservation, but he continues to own property in Plainfield, N.H., valued at between $250,000 and $500,000. Roberts owns one-eighth of a cottage in Limerick, Ireland, valued at between $15,000 and $50,000, while Sotomayor’s rental property in New York is valued at between $1 and $5 million.

RIP Ervin Gonzalez (2 UPDATES)

RIP Ervin Gonzalez.

The awful news is making the legal community rounds this morning and everyone is shocked.



UPDATED with statement from Colson Hicks:

Colson Hicks Eidson Statement

"We are deeply saddened by the passing of Ervin A. Gonzalez, our beloved partner, friend and role model. Words cannot convey our grief, admiration, or affection for this pillar of our community. Our hearts and prayers go out to his wife Janice and his family and friends during this unfathomable time. A caring, warm, brilliant and masterful trial attorney, he set the standard for the profession in his compassion and vigorous advocacy for those who suffered grievances and injustices at the hands of others. He will be remembered for his intellect, skill and ability to befriend and defend the rights of people from all walks of life with a zest and dedication that was unrivaled. Ervin's passing reminds all of us that mental illness can strike anyone regardless of how accomplished or content they might appear. Like the Ervin we all knew and loved, he valiantly fought this personal challenge with unmatched effort. He simply was unable to win his hardest and final trial. It pains us to know he was suffering so terribly beyond his control.”

-Dean C. Colson

SECOND UPDATE:

Funeral Services
Tuesday, June 13th at 10:00 a.m.
Church of the Little Flower
2711 Indian Mound Trail
Coral Gables, FL 33134

Candidate list for U.S. Attorney expands (UPDATED)

UPDATE -- Dave Aronberg has pulled his name from consideration.

In an interesting turn, the search for U.S. Attorney has expanded to 6 candidates. The list, according to the Herald, is:

▪ Roy Altman, 35, worked as a federal prosecutor for six years, handling hundreds of criminal cases, including the conviction of a postal worker’s killer. In early 2014, he became the office’s deputy chief of special prosecutions, focusing on the sexual exploitation of children and federal violent crimes. A native Spanish speaker, he attended Columbia University and Yale Law School before clerking for an influential federal appeals court judge, Stanley Marcus. Altman, a partner in the prominent Miami law firm Podhurst Orseck, is considered among the favored candidates.

▪ John Couriel, 39, prosecuted economic and major criminal cases at the U.S. attorney’s office before joining the law firm Kobre Kim as a partner. He also ran twice unsuccessfully for the Florida Legislature. A native Spanish speaker, Couriel graduated from Harvard College and Harvard Law School. Couriel was considered a front runner but lost ground after Trump’s advisers learned he voted for Bush in the GOP presidential primary and predicted Democrat Hillary Clinton would win his Republican district by “quite a bit.”

▪ Jon Sale, 73, is a former federal prosecutor in New York and Miami who co-chairs the Broad and Cassel law firm’s white-collar defense and compliance practice. He is also a close friend of Trump confidant Rudy Giuliani. Sale, a graduate of the University of Pennsylvania and NYU Law School, was also an assistant special prosecutor for the Justice Department in the Watergate case that led to the resignation of President Richard Nixon. Sale, widely respected by colleagues and judges, could emerge as Trump’s pick.

▪ Dave Aronberg, 46, is the Palm Beach County state attorney. A Democrat, Aronberg declined to prosecute Trump’s former presidential campaign manager, Corey Lewandowski, for battery in April. Aronberg is also a former state senator. He graduated from Harvard College and Harvard Law School. Despite a being high-profile Florida Democrat, Aronberg has surfaced as an alternative selection.

▪ Jose Felix “Pepi” Diaz, 37, is a state representative from Miami and land-use attorney with the law firm Akerman LLP. A graduate of the University of Miami and Columbia Law School, Diaz came to know the president personally after appearing as a contestant on Trump’s TV show, “The Apprentice,” in 2006. Diaz, despite his association with Trump, is not seen as a strong contender for the post.

▪ Frank Ledee, 53, is a veteran prosecutor in the Miami-Dade state attorney’s office who has most recently served as chief of the gang-prosecution and gun-violence units. He’s also the office’s liaison to the U.S. attorney’s office. Last year, Ledee was appointed by Gov. Rick Scott to the South Broward Hospital District Board. He received bachelor’s and master’s degrees from Barry University and law degree from Nova Southeastern University. Ledee is considered a long shot for the job.

Judges are speaking out

More and more, judges are starting to speak out against the real problems in our criminal justice system.  This time it's Judge Mark Bennett saying that min-mans are the worst injustice he has seen while on the bench.  From CNN:

"I strongly disagree with that decision," the judge says firmly from the bench.
It is not the first time he has felt this way. Bennett says 80% of the mandatory sentences he hands down are unjust -- but that he is handcuffed by the law, which leaves no room for judicial discretion to consider a sentence based on individual circumstances of the defendant. 
Too often, Bennett says, low-level nonviolent drug addicts dealing to feed their habit end up being sentenced like drug kingpins.
Bennett says if he had the power, he would jail Rice for perhaps a year, or 18 months. Across the street in a state courthouse, she would have been put on probation, he says.
"I think it's a miscarriage of justice," Bennett says. "But you know people are entitled to their own sense of what justice is."
In the courtroom, the judge lowers his head and his voice.
"With the greatest of reluctance, I sentence you to 60 months," he says.

Breaking News -- Judge Lenard to take Senior Status

Breaking News -- District Judge Joan Lenard informed her colleagues today that she will be taking Senior Status on July 1, 2017. She was appointed by President Bill Clinton in 1995 to fill Judge King's slot when he went senior. Before that, she was a state circuit and county judge, as well as a state prosecutor. This will create another open seat for President Trump to fill.  Congrats to Judge Lenard, and thank you for your service to the bench.

Summer is here (Updated with cell site cert grant)

UPDATE -- the Supreme Court granted cert in the cell-tower case today. Great news as the lower courts have gotten this one wrong. Hopefully it will be an opportunity to re-examine the third-party doctrine, which is the old rationale that the courts have used to justify the acquisition of the data without a warrant. As full-disclosure, I argued the en banc Davis case on this same issue.

School is just about out.
The Supreme Court is just about done.
Trump is tweeting again. And Neal Katyal is happy about it:

Its kinda odd to have the defendant in HawaiivTrump acting as our co-counsel.We don't need the help but will take it! pic.twitter.com/8ehqkLkOY2

— Neal Katyal (@neal_katyal) June 5, 2017

What's up here in the SDFLA? Who is in trial? In the Miami old days, the courthouses literally shut down in August. Now only Raja's downtown keeps up the tradition.

Interesting article about DOJ

"It's a building full of prosecutors."  That's how this interesting article about the problems with DOJ starts. More:

Imagine an incoming president of the United States announcing that he or she would take advice on criminal justice matters exclusively from a Federal Defender’s office. Moreover, the new chief executive intends to put the defenders in charge of federal prisons, forensic science, and the clemency process. After all, the president might argue, the defenders understand federal criminal law from the ground up, have a rich understanding of the social conditions that lead to criminal behavior, and are the federal attorneys most responsible for ensuring individual Constitutional protections.

People would be outraged. Critics would complain that the defenders represent only one part of the justice system, and are inherently biased because their work in the courts is always on behalf of the accused.

Yet, somehow, the mirror image of that situation is our reality and goes largely unchallenged.

Despite an obvious conflict of interest, the Department of Justice evaluates clemency petitions, runs federal prisons, decides what forensic evidence to introduce in federal cases, and advises the president on criminal justice reform. And make no mistake — prosecutors dominate the agency, with the 93 United States Attorneys playing the leading role in setting policies across a range of issues and career prosecutors running most of the divisions.

We need you, Judges, to check DOJ.  More than ever.