Irma update

Although the Federal Courthouses are open in the District (except for Key West), you should check in with the courtroom deputy if you have a matter scheduled this week. Apparently, some of the individual courtrooms in the Ferguson building are still without power, and in those courtrooms, matters are being rescheduled. 

I am still without power, wifi, etc., as well, so blogging will be a little slow for now.

Southern District courthouses to reopen Monday

Southern District courthouses to reopen Monday. Hope everyone is back up and running.

Update on SDFLA courts

Update from the Court on Irma closures:

The Courts of the Southern District of Florida remain closed for normal operating business, anticipated to open to the public no sooner than Monday, Sept. 18th. The closure is due to school closures and travel conditions, as well as power outages at various courthouses impacting services including the Court’s computer network

Although the Court will generally remain closed to the public, depending on circumstances of power at each courthouse, Court employees are generally directed to return to work as of Thursday, Sept. 14th, if practical, as described below. This will enable the Court to prepare for the return to normal operations next week. Specifically, all Court staff in West Palm Beach and Fort Lauderdale should report to work Thursday, Sept. 14th, if possible. All Miami supervisors and managers should report if possible on Thursday, as well as Miami IT staff, other critical Miami staff as directed by their supervisors and those who work in the Atkins and King Courthouses. In Key West and Fort Pierce, where the courthouses mostly do not have power or have other issues needing to be resolved, staff do not need to report at this time. Probation staff should contact their supervisors for reporting instructions, which may be different than for other Court personnel. 

If employees are unable to return to work due to their evacuation or other personal circumstances, the Court will be flexible in granting administrative leave for Thursday and Friday. The Court’s top priority is the safety and well being of our personnel, and no employee is expected to return to work if it would put their safety in jeopardy. However, all employees must pay close attention to the Court’s website and be on the look out for calls/emails from the Court providing further updates. If employees are unable to return to work Sept. 14th, they nonetheless should contact their supervisors and stay in close contact for further developments.

Magistrate duty Court for only new arrests and other urgent matters will commence in Miami on Thursday, Sept. 14th, at 1:30 p.m. or such other time as directed. Staff necessary to cover duty court will be contacted and directed to report. Magistrate duty Court at other divisions will be scheduled on an as-needed basis.

The Courts of the Southern District of Florida remain closed for normal operating business, anticipated to open to the public no sooner than Monday, Sept. 18th. The closure is due to school closures and travel conditions, as well as power outages at various courthouses impacting services including the Court’s computer network

Although the Court will generally remain closed to the public, depending on circumstances of power at each courthouse, Court employees are generally directed to return to work as of Thursday, Sept. 14th, if practical, as described below. This will enable the Court to prepare for the return to normal operations next week. Specifically, all Court staff in West Palm Beach and Fort Lauderdale should report to work Thursday, Sept. 14th, if possible. All Miami supervisors and managers should report if possible on Thursday, as well as Miami IT staff, other critical Miami staff as directed by their supervisors and those who work in the Atkins and King Courthouses. In Key West and Fort Pierce, where the courthouses mostly do not have power or have other issues needing to be resolved, staff do not need to report at this time. Probation staff should contact their supervisors for reporting instructions, which may be different than for other Court personnel. 

If employees are unable to return to work due to their evacuation or other personal circumstances, the Court will be flexible in granting administrative leave for Thursday and Friday. The Court’s top priority is the safety and well being of our personnel, and no employee is expected to return to work if it would put their safety in jeopardy. However, all employees must pay close attention to the Court’s website and be on the look out for calls/emails from the Court providing further updates. If employees are unable to return to work Sept. 14th, they nonetheless should contact their supervisors and stay in close contact for further developments.

Magistrate duty Court for only new arrests and other urgent matters will commence in Miami on Thursday, Sept. 14th, at 1:30 p.m. or such other time as directed. Staff necessary to cover duty court will be contacted and directed to report. Magistrate duty Court at other divisions will be scheduled on an as-needed basis.

Downtown Miami update

Downtown Miami Update:

It looks like downtown Miami is mostly back up and running.  The Flagler Starbucks is open.  Many restaurants are also now open.  It is unclear when magistrate court will reopen.

If you are still home and looking for more reading, check out this Judge Rosenbaum opinion about the Dark Web from last week, snuck in right before Irma:

The Dark Web. For many, the name conjures images of a suspect shadow internet world where virtually anything can be bought for the right price.* Indeed, Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) Special Agent Tully Kessler described the Dark Web as “another side of the Internet . . . access[ible] through your Internet provider . . . [but only using] special software.” He opined that it “allow[s] the sale and trade of all kinds of things that you would never find on a regular website open to the public.” And the Dark Web—on, in one case, a site called Black Market Reloaded—is where Defendant-Appellant Michael Albert Focia chose to sell firearms domestically and internationally.
A jury convicted Focia of dealing in firearms without a federal firearms license, in violation of 18 U.S.C. § 922(a)(1)(A), and selling firearms to unlicensed residents of states other than his own without having a license to do so, in violation of 18 U.S.C. § 922(a)(5). He now challenges the sufficiency of the evidence to convict him, the jury instructions, the constitutionality of the criminal statutes of which he was convicted, and his sentence. After careful consideration, and with the benefit of oral argument, we affirm Focia’s conviction and sentence.

*In fact, the Dark Web also has a different side. Because of its layered encryption system, it plays an important role in providing safe fora for, among others, whistleblowers and journalists.

Back at it

Here's hoping everyone came out of the storm okay.  I have no power and limited cell service at home, but the office is operational with power and internet.  Although it's a ghost town, it looks like many of the buildings in downtown Miami have power.  Some are still blocked off though, so you should check first before trekking down here.  If you are coming from the south, US1 is moving along but at many spots, there are no lights and there are trees blocking the road (sometimes making US1 into one lane). 

If you are looking for something to read, check out this opinion by Judge Marcus, which came out just before the storm.  The government finds critical evidence -- a video of the crime -- and discloses it on the morning of trial.  The defense moves for a continuance.  The government does not object.  The district judge decides to go forward with the case.  Conviction affirmed because the court says that the defense cannot show prejudice.  To me, this is simply wrong:

 After closely reviewing the entire record, we cannot say that the trial court abused its discretion in denying Jeri’s motion for a new trial. Although we think it would have been wiser to allow Jeri time to view the video before starting the trial, the tape was not exculpatory and Jeri has not come close to establishing specific and substantial prejudice from this omission. We can discern no other errors in this record, and, therefore, affirm the judgment of the district court.

What effect will "wiser" have on district courts?

Good luck during the storm

Good luck to all during the storm.  I will try to keep up the blog if possible with updates.  Downtown Miami is a ghost town right now.

One 11th Circuit update -- Trump has nominated  Elizabeth Branch to the 11th Circuit for Judge Hull's seat.  She is currently a Georgia state appellate judge.  She is an Emory law grad and clerked for Judge Owen Forrester (N.D. Ga.).

Irma

The SDFla courthouses will be closed Thursday and Friday. The award banquets on Thursday night and Saturday night have also been cancelled. Stay safe!

All rise!

As you get ready for Irma... here is your moment of Zen: Judge Sotomayor in her Yankees' robe sitting in "Judge's Chambers":

Judge’s Chambers: Supreme Edition. pic.twitter.com/64JJ4kMNfz

— MLB GIFS (MLBGIFs) September 1, 2017

— #NFL 0 For Sale 🏈⚽️ (@NFL_0) September 1, 2017