SCOTUS uses City map for upcoming election

 From the Miami Herald:

The U.S. Supreme Court ruled on Thursday in a legal battle over which voting map should be used for Miami’s upcoming elections, deciding that a map drawn by the city should be used. The map, approved by the City Commission in June after a federal judge rejected an initial map drawn in 2022, leaves one commissioner in his district and places a candidate outside of the district he’s lived in for 20 years. After several appeals that moved the case through federal courts, the Supreme Court decided that a map drawn by the city be used to determine who can vote and who can run for City Commission seats in districts 1, 2 and 4 in the Nov. 7 elections. Three incumbents are running for reelection: District 1 Commissioner Alex Díaz de la Portilla, District 2 Commissioner Sabina Covo and District 4 Commissioner Manolo Reyes. In the city map, District 3 Commissioner Joe Carollo’s home remains inside his district — the other map placed his home outside of his district, which could have led to a residency issue for Carollo.

What happens when judges get too old to serve but won't step down?

 No, I'm not talking about any particular judge in our district.

I'm talking about Pauline Newman of the Federal Circuit.  She's 96 and members of the court have complained about her bouts of paranoia, memory loss, and confusion.

Here's an article detailing how the court there is trying to deal with it.  And it ain't pretty:

U.S. appeals judge Pauline Newman has committed "serious misconduct" by refusing to cooperate with a mental fitness probe and should be suspended from hearing new cases for one year or until she submits to a court-ordered examination, an investigative panel of the U.S. Court of Appeals for the Federal Circuit said in a report released on Friday.

The report cited statements from "many different staff members describing memory loss, confusion, paranoia and angry rants" by Newman, who is 96 and has been a Federal Circuit judge for nearly four decades. Newman has shown "significant mental deterioration," it said.

Meantime, Judge Edith Jones of the 5th Circuit has written an op-ed in the WSJ defending Newman.  

The conclusion:

But in Judge Newman’s case, it appears that career-ending removal from her judicial duties is being imposed by her court, with no time limit and with little heed for the regulations and case law. At odds with fundamental due process, members of her own court sit in inherently conflicting positions as prosecutors, judges, jurors and witnesses.

To obviate unethical conflicts and provide objectivity, the normal application of judicial misconduct rules requires that a matter about a circuit-court judge be transferred to another circuit’s chief judge and Judicial Council. The chief justice and a committee of the Judicial Conference of the U.S. could enforce this norm. Why the usual practice wasn’t followed here is inexplicable.

FOR THE DEFENSE: BARRY SCHECK FOR THE INNOCENCE PROJECT

 

We have a titan of the criminal defense bar on the show this week -- Barry Scheck for the Innocence Project.  Barry has done it all: from winning the trial of the century, to exonerating innocent defendants, to teaching, to running NACDL.  And he's still going strong, having just cleared another innocent man. It was a real honor to speak with him about how he does it. As always, you can catch this and other episodes on every podcast platform including Apple, Spotify and Google,  All other platforms can be accessed on this website.  Last week was a big one for the podcast.  The interview of John Lauro went viral and was discussed on the news shows as well as in the Wall Street Journal, Politico, Salon, and other outlets. John was gracious enough to spend his time going in depth on a variety of topics, including use of the media, defense strategy, venue, recusal, and so on. If you missed it, you can check it out on audio and I also uploaded it to YouTube as an experiment.  Let me know what you think. Please send me your feedback -- and of course, subscribe, like and comment!  If you have a friend that would like to receive these updates, please have them sign up here. Thank you! --David   Hosted by David Oscar Markus and produced by rakontur   CONTACT: info@rakontur.com, dmarkus@markuslaw.com Copyright © 2023 Markus/Moss, All rights reserved. You are receiving this email because you opted in via our website. Our mailing address is: Markus/Moss 40 NW 3rd St Ph 1 Miami, FL 33128-1838 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list.

Justice Thomas Seeks Response from City of Miami in Voting Map Case

By John R. Byrne

A few weeks back we covered Judge Moore's order throwing out the City of Miami's voting map plan on concerns of racial gerrymandering and adopting the plan proposed by the plaintiffs. The City got the Eleventh Circuit (with a dissent from Judge Wilson) to stay the order, prompting the plaintiffs to ask SCOTUS for emergency review.

Justice Thomas, who handles emergency appeals from the Eleventh, appears to be seriously considering the request. Last Thursday, he ordered the City to respond to the plaintiffs' appeal by 5 p.m. today. The Herald covers it here.

Judge Bloom Strikes Down Florida Lobbying Ban

By John R. Byrne

Big month for First Amendment cases in the district. Judge Bloom ruled that an Amendment to the Florida Constitution prohibiting Florida elected officials from lobbying any government entity on certain topics violated the First Amendment. The defendants had argued that the restrictions were intended to address quid pro quo corruption or its appearance. Compelling state interests aside, the Court ruled that the law was too baggy to survive the narrow tailoring test. The Court did uphold a separate provision barring former government officials from lobbying discretely identified government entities/officials for a limited period of time (six years after the government officials left office).

See, all those tests you had to learn in Con Law are still useful! Opinion below.

In other news, football is back! Dolphins v. Falcons preseason game is on tonight @ 7 p.m. (CBS). March to the Super Bowl begins tonight....

Stillman Order by John Byrne on Scribd

What is a reasonable attorney rate in Miami?

 Gibson Dunn's normal partner rates are $1,815 and $1,785/hour.

They asked for a reduced rate of $950/hour on a case here in Miami.

Chief Magistrate Judge Edwin Torres reduced those rates to $700/hour in this Report & Recommendation.

Here's the Reuters report about it:

"The court's task in a fee petition is not simply to award what a local client could be willing to pay for a given superstar lawyer," Chief U.S. Magistrate Judge Edwin Torres wrote in his report.

Peak One's lawyers included Gibson Dunn partners Helgi Walker in Washington, D.C., and Barry Goldsmith in New York.

RIP Gary Kravitz

Very sad to hear Gary Kravitz passed away.

Gary was a long-time fixture here in federal court.  He was a career clerk for Judge Dube and also served as a law clerk for other magistrate judges.  He then went on to teach at St. Thomas School of Law.  

He was just a good, nice guy.  He was always kind and encouraging to lawyers in his courtroom.

His longtime co-clerk and colleague at St. Thomas, Lourdes B. Fernandez, had this to say: 

For me, I met Gary my 1L year at STU Law as my ever-so-strict Legal Writing Professor and before long he became my mentor. Not always telling me what I wanted to hear, but what I needed to hear. I followed him to Federal Court and he became my work colleague and grew to be one of my closest friends. Beyond doubt, Professor Gary Kravitz was the most powerful influencer in my legal career, and I still praise God for him every day. 

St. Thomas Law is hosting a Celebration of his life on Thursday, August 24^th from 5:30 p.m. to 7:30 p.m. 

5:30 p.m. -6:00 p.m. Reception

6:00 p.m.-7:00 p.m. Program

7:00 p.m.- 7:30 p.m. Reception

Here is the very nice obit:

Gary Neil Kravitz, 66, beloved brother, Godfather, uncle, friend, colleague, and professor, passed away peacefully on July 29, 2023, surrounded by family and close friends, listening to his favorite music, and celebrating a life well-lived.

Gary was born in Philadelphia, Pennsylvania on December 13, 1956, the youngest of three to his parents Leonard and Miriam Kravitz, with older sisters Doris and Faye. Gary and his parents moved to Hialeah, FL in 1969. After graduating high school, Gary moved to Gainesville, Florida to attend the University of Florida where he graduated with high honors and later attended the U.F. Levin College of Law. 

During his professional career, Gary served as a law clerk to several United States Magistrate Judges and a state appellate judge. He also spent time in private practice, with a concentration on civil and criminal appeals. In 2008, he joined the faculty at St. Thomas University, Bejamin L. Crump College of Law where he’d been an adjunct professor since 1996. He served as President of the Federal Bar Association, South Florida Chapter, and the Peter T. Fay American Inn of Court, and several other professional associations and Bar committees.  He was also admitted to the Supreme Court of the United States.

At St. Thomas Law, Gary loved and is beloved by the countless students whose lives he touched.  Gary was a devoted and compassionate professor who was beyond generous with his time and wisdom. These traits made him a popular and defining figure for many alumni at St. Thomas Law.  He always strived to do right by his students and exhibited the utmost professionalism and civility, treating everyone with dignity and respect.  His quick wit might catch you by surprise if you didn’t know him, or even if you did. Gary was the person colleagues and students alike could count on for support.  A mentor to many, he served as a role model for us all.

The simplest pleasures brought great joy to Gary.  He loved the oldies—Frank Sinatra, Louie Armstrong, Ella Fitzgerald—and classic films—Casablanca, The Treasure of Sierra Madre, 12 Angry Men. He loved reading biographies of U.S. historical figures, which in part explains his tremendous grasp on the American system of justice. He especially loved sharing laughter and meals that always included red wine, with family, friends and students who became friends. Gary’s devotion to his students was only eclipsed by the love he had for his Godchildren, Dustin, Brandon and Olivia Thaler.

Gary is survived and lovingly remembered by his sister Doris Jones, brother-in-law Rick Jones, nephews Ronnie and Joseph Listman, niece Dianne Pasley and her husband Dave, his Godchildren Dustin, Brandon and Olivia, and his many friends who became family over the years.  He was predeceased by his parents Leonard and Miriam, and his sister Faye Listman. 

Gary’s family and friends are grateful for the treatment and compassionate care he received from the doctors, nurses, and staff at the Cleveland Clinic in Weston. May he rest in peace, and may we forever remember the lessons he imparted upon us –both in law and in life.

bonus episode of For the Defense -- John Lauro for Donald J. Trump

 You may have seen John Lauro on all of the talk shows today, defending his new client Donald Trump.  He graciously agreed to appear on For The Defense with me as well.  No matter what you think of his client, I think you'll find his discussion of the issues really fascinating.  And unlike the news shows, we were able to go in depth on a variety of topics, including use of the media, defense strategy, venue, recusal, and so on. I also uploaded it to YouTube this time.  Let me know what you think. As always, you can catch this and other episodes on every podcast platform including Apple, Spotify and Google,  All other platforms can be accessed on this website. 

Please send me your feedback -- and of course, subscribe, like and comment!  If you have a friend that would like to receive these updates, please have them sign up here.   Hosted by David Oscar Markus and produced by rakontur