The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Thursday, August 25, 2005
News and notes
1. Fascinating article in the Business Review today about how e-mail is being used as a weapon against a corporate defendant in a contract dispute. John O'Sullivan and Jason Kellogg of Akerman Senterfitt are the lawyers for Quantum Communications and have dug up the e-mails that apparently sink defendant Ronald Hale. The case is in front of Judge Martinez. The DBR explained Judge Martinez's reaction when the defendant said he couldn't recall the e-mail: "Judge Martinez, a former prosecutor, did not buy that the dates of the negotiations slipped Hale’s memory. At the Aug. 3 hearing, he likened it to his days as a prosecutor, when he asked a witness if he was on an airplane that crashed in the Colombian jungle with 4,000 pounds of narcotics on it, and the witness said he could not remember. “That’s like telling me you’re asked have any of your children ever died a violent death, and you say, ‘I don’t really remember,’ ” Martinez said from the bench. Days later, Martinez granted the preliminary injunction for Qantum."
2. Eligio Perez, a former Customs Inspector at Miami International Airport, pled guilty yesterday before United States District Court Judge Federico Moreno in federal court in Miami to a criminal indictment charging him with disclosure of confidential government information, in violation of Title 18, United States Code, Section 1905. Under the terms of the plea agreement, Perez agreed to immediately resign from his federal employment and agreed not to seek any other federal or state law enforcement employment. Perez is scheduled to be sentenced on November 2, 2005. Case was prosecuted by Daniel Fridman.
3. Finally, the JNC is accepting applications for U.S. Attorney in this District. The deadline is October 3. Should I apply?
Friday, September 22, 2017
JNC accepting applications for federal judge
(Also, applications are due today for magistrate judge).
More on the U.S. Attorney slot below.
Tuesday, November 23, 2010
Federal JNC to interview all 16 applicants (updated)
UPDATE -- Confirmed. See here. The 16 interviews start and end with Magistrates (Seltzer & O'Sullivan). Only a 40 minute lunch!
One commenter told me: "There are more JNC members than applicants!"
Thursday, August 01, 2013
Judicial happenings
Joel Dubina, Montgomery-based federal appeals court judge, will step down today as chief judge of the 11th Circuit Court of Appeals, and a Montgomery judge will succeed him.Judge Dubina had a great run as Chief and will remain active on the court.
The 11th Circuit announced Wednesday that U.S. Circuit Judge Ed Carnes will assume the position, which is awarded in order of seniority. Dubina was appointed to the 11th Circuit Court of Appeals in 1990 after four years as a U.S. district judge in Montgomery; Carnes was appointed to the circuit in 1992. Both were appointed by President George H.W. Bush.
2. Glenn Sugameli breaks the news again about federal judgeships:
A) New future vacancy raises US total to 101 current and future vacancies
B) Major bill to create 91 new federal judgeships, including many in FL
How will this bill affect us:
Permanent judgeships:
· 3 additional district judgeships for the southern district of Florida;
· 5 additional district judgeships for the middle district of Florida;
· 1 additional district judgeship for the northern district of Florida;
Temporary judgeships:
· 1 additional district judgeship for the middle district of Florida;
Permanent status to temporary judgeships:
· 1 in the southern district of Florida;
Of course we currently have two open seats and the JNC is accepting applications now, until August 19 (the first day of school). From everything I am hearing, there is an expectation that there will be about 25 applications, and the JNC will then send 4 names to the Senators for 2 slots (after the interviews).
Wednesday, March 17, 2021
More judges on the way?
The judicial conference is recommending 3 more district judges in the SDFLA. But there's a real question of whether any judges will be confirmed right now, with the JNC not being supported by Rubio or Scott. Rubio apparently has his own JNC. Scott wants nothing to do with that either. So will any judges get blue slips going forward? There's a real concern with people I'm speaking with that no judges will be confirmed unless President Biden and the Democratic Senate get rid of the blue slip process in Florida. We shall see.
Here's a recent TBT article about the back and forth on the JNC:
Florida’s two Republican senators, Rick Scott and Marco Rubio, are refusing to participate in a longstanding, bipartisan system for nominating federal judges that Florida legal insiders say has produced non-political, competent judicial nominees for decades.
Both Scott and Rubio have said they won’t participate with Florida House Democrats who are setting up Florida’s federal Judicial Nominating Commissions — even though bipartisan cooperation has long been typical.
Scott and Rubio called it an infringement on the Senate’s exclusive right to confirm judges.
Instead, the two senators say they’ll rely on their own sources for recommending judicial nominees, as well as on senators’ traditional prerogative to single-handedly block nominees in their home states.
Friday, May 12, 2006
3rd DCA Finalists
The issue of improper questioning of judicial candidates emerged anew during this week’s Judicial Nominating Commission interviews of applicants for a 3rd District Court of Appeal seat. During interviews on Tuesday, JNC member Hector Lombana, a Coral Gables lawyer, asked candidate Barbara Lagoa, a federal prosecutor who recently gave birth to twins, whether she felt she could balance motherhood and the workload of serving on the 3rd DCA. The JNC chair, Ramon Abadin, later called the question “inappropriate.” The panel subsequently chose Lagoa as one of six finalists it recommended to Gov. Jeb Bush.
Monday, August 22, 2005
Martinez Nelson team up
The article explains that while mostly made up of Republicans, there "are a handful of Democrats" which include: "Mark Schnapp, a former federal prosecutor and a partner at Greenberg Traurig in Miami; Michael Hanzman of Hanzman & Criden in Miami; and Steven E. Chaykin, a former federal prosecutor and a partner at Zuckerman Spaeder in Miami."
Friday, March 06, 2009
Does the JNC Lack Diversity?
It's Friday, so let's talk about women.
Come on now, this is David's blog -- I mean the lack of same on the new JNC Panel:
The 56-member list produced by Nelson and U.S. Sen. Mel Martinez includes 11 women. Three of 20 from South Florida are women.John teased out some great quotes for this story. How about this one:
“I was appalled,” said Lehner, director of the Miami-Dade chapter of the Florida Association for Women Lawyers. “It’s mind-boggling. It’s a total and complete mystery how anyone can constitute a commission, which is supposed to be selecting candidates for federal office, with such a gross disparity and inequality toward women.”
Lehner said she has written a letter of complaint to Nelson’s office and has heard from a number of women lawyers who are concerned about the commission’s gender bias.
“Myself and other women are disappointed in the under-representation,” said Jennifer Coberly, a former member of The Florida Bar board of governors and the general counsel for Point Blank Solutions in Pompano Beach. “It’s important to not just the legal profession but to the community.”
“Somehow, if there is no contribution, then you don’t rise to the attention of the decision makers,” said Marva Wiley, a Miami attorney and president of the Gwen S. Cherry Black Women Lawyers Association and the Haitian Lawyers Association.I also like how all those contacted by Pacenti for this story all declined comment:
Zack, like other JNC members contacted, said he had no comment on the number of women on the commission.That's the smart play of course, but here's what I would have said:
"If the Senators in their judgment determine that a more diverse or different Panel be selected, I would gladly offer up my seat so that this very worthwhile goal could be accomplished."Maybe that's why I never get picked for these things.
Monday, January 19, 2009
A New Hope
Thursday, May 28, 2015
Facebook comments calling judges "dumbasses" cost JNC appointment
Valrico businessman and Republican kingmaker Sam Rashid has never been known to pull his punches.HT Glenn Sugameli
But the outspoken Rashid managed to go a rant too far in a Facebook posting last week, referring to three unnamed Hillsborough County Circuit Judges as “dumbasses.”
Though he later edited the statement - replacing the word with “dumb mothers” - the posting cost Rashid a U.S. senatorial appointment to the Florida Federal Judicial Nominating Commission. The commission nominates candidates for federal judgeships, U.S. Attorneys and U.S. Marshals.
The posting also could prove an embarrassment to the presidential campaign of U.S. Sen. Marco Rubio, a longtime friend of Rashid who appointed him to the commission.
After accepting Rubio’s appointment on Friday, Rashid had to formally decline it a day later. In a Saturday letter to the senator’s general counsel, Gregg T. Nunziata, Rashid said he was clearly not the appropriate person to fill the commission post.
“I appreciate the Senator’s confidence,” Rashid wrote, “but I actually pre-judged some un-named Circuit Judges in Hillsborough County.”
Rashid credited Chris Ingram, a Republican consultant and columnist for The Tampa Tribune’s editorial page, for calling him out on the potential bias in his comments about the judges. Those same judges Rashid disparaged could someday come before him to seek an appointment to the federal bench, Ingram said.
“What Chris said made a lot of sense to me,” Rashid said. “I sent an e-mail to the senators saying, ‘You know what guys, I am biased. When it comes to these judges in Hillsborough County, I have a really strong bias.’”
Monday, August 30, 2010
Wet Monday Mornings stink
Anyway, we're almost to football season, and I'm thinking of betting against all of Rumpole's picks this year. I don't know what to make of this Dolphins. I'm trying to stay optimistic...
Miguel DeLa O is running the blog fantasy football league this year. If you want to play, email me or him. Alex Gomez (at Scott Srebnick's firm) beat me in the finals last year. I will get revenge this year.
Please let me know what's going on in the District -- it's pretty slow news wise. I've been wondering when the Federal JNC is going to announce that they are taking applications for the two open judicial slots... Will it be the same group of applicants or will the list grow because there are two openings? It'll be interesting.
And for the record, I believe you Paris.
Okay, well, that's your stream of consciousness this morning....
Thursday, August 21, 2014
Interview list for Judge Rosenbaum's seat
Each interview will last 25 minutes in the Judge's conference room in the Ferguson building. Interviews are open to the public, so please let me know if you'd like to guest blog the interviews. The JNC has invoked "the Rule" so applicants aren't permitted to watch other applicants.
Here is the list:
Martin J. Bidwell
Beatrice A. Butchko
Jeffrey J. Colbath
Mary Barzee Flores
David A. Haimes
Migna Sanchez-Llorens
Peter R. Lopez
Thomas Rebull
Meenu Sasser
Barry S. Seltzer
Edward N. Stamm
John W. Thornton, Jr.
Daryl E. Trawick
Jack Tuter
Melissa Damian Visconti
Tuesday, February 22, 2011
Bob Scola tapped to fill Judge Huck's seat
■Bachelor of Arts, Brown University, 1977
■JD, Boston College School of Law, 1980
■Honors - Cum Laude
■Admitted to Florida Bar, 1980
■Circuit Court Judge, 1995
■Previous Division - Circuit/Criminal
■Private Practice - Criminal Defense, 1986-1995
■Assistant State Attorney, Deputy Chief Assistant/Major Crimes, 1980-1986
Scola has an excellent reputation on the state bench, and he is a great addition to the federal bench. Now let's see if we can get Kathy Williams and Bob Scola confirmed before the end of the year. Plus, there is still one more seat to fill -- Judge Gold's seat. The JNC has not yet solicited applications for that slot.
Monday, April 18, 2011
Passover news and notes
2. Forget about the JNC; how about getting some judges? Via Daily Record: “We presently have a crisis in the federal judiciary in our country,” said Chief Judge Joel Dubina of the 11th Circuit U.S. Court of Appeals.
Dubina told Jacksonville lawyers that Supreme Court Chief Justice John Roberts recently spoke to members of Congress about the crisis.
”At the time I prepared my remarks for you today, there were 104 vacancies pending in the federal judiciary in the United States. That includes District Court positions and Court of Appeals positions,” said Dubina.
***
“I think there is much blame to go around for this crisis. In my lifetime, President Obama has been the slowest president to make nominations,” said Dubina.
“However, blame also lies with Congress. The Congress has been slow to approve judges, even those who were not controversial,” he said.
3. A loyal reader tells me that Paul Pelletier (former AUSA down here and current DOJ fraud prosecutor) is retiring and that the going away party in DC on May 5 is called "Paul-apalooza".
4. The WSJ Law Blog asks whether the feds need a warrant to track someone with GPS. I'm not sure how we can allow tracking of people with GPS without requiring a warrant, but what do I know.
5. A couple of law professors have written an op-ed in the NYT that we should basically get rid of habeas corpus because it's too costly and doesn't really help anything. I say we leave habeas and start by getting rid of the grand jury, which is a complete waste.
Tuesday, July 26, 2011
BREAKING -- JNC sends 4 names to Senators
Jerald Bagley
John O'Sullivan
Robin Rosenbaum
John Thornton
Two State Circuit judges and two Federal Magistrates. I'm picturing a cage match -- Bagley and Thornton vs. O'Sullivan and Rosenbaum. Who wins that one?
Update-- happy to report that Judge Moreno's letters were cited yesterday in the Senate. Hopefully they will have some impact. Here's the link: http://www.gpo.gov/fdsys/pkg/CREC-2011-07-25/pdf/CREC-2011-07-25-pt1-PgS4860.pdf#page=1
HT: SFL
Thursday, September 04, 2014
BREAKING -- JNC CUTS LIST TO 3 FOR OPEN DISTRICT SEAT (UPDATED)
Mary Barzee-Flores
Peter Lopez
Barry Seltzer
Congrats to the finalists. Now it's up to Nelson/Rubio and Obama for the nomination.
Update -- Apparently, the Herald sat through the interviews and posted this editorial about the appointment process:
The three South Florida finalists advancing for consideration for a coveted opening on the federal bench in the Southern District are to be congratulated. They’ve earned it.On Thursday, they, along with other aspirants to the prestigious, lifetime appointment, sat on the hot seat in a large conference room on the 14th floor of the Wilkie D. Ferguson Jr. U.S. Courthouse in downtown Miami.A member of the Miami Herald Editorial Board was present as the 20-plus members of the Florida Judicial Nominating Commission quizzed and grilled the 15 candidates for 25 minutes each, the final phase of a long process that began in July for the privilege of having their names recommended to Florida’s two U.S. senators.In this race, voters did not pick the winner; the blue-ribbon panel made up of local legal eagles and community leaders had the honor — and somehow that seemed right and how, perhaps, it should be done for all judicial races.The different selection processes for state and federal judges — the first are generally elected, the latter selected — highlighted the anemic slate of judicial candidates and bitter races with plenty of mudslinging that played out in Miami-Dade and Broward last month. Judicial decorum was missing among a number of candidates.Many of the eight contested circuit and county races in Miami-Dade were marked by the emergence of political committees supporting judicial candidates. Rival committees sent out biting attack mailers, unsavory in a judicial race, and scary — these are nonpartisan races in which candidates can only promise to follow the law. The most bitter contest pitted former Miami-Dade School Board member Renier Diaz de la Portilla against Veronica Diaz, an assistant attorney with the city of Miami. She eventually won.Race and ethnicity also came into play, as has happened in the past. For example, the supporters of incumbent Miami-Dade Circuit Judge Rodney “Rod” Smith, who is black, accused unsuccessful challenger Christian Carrazana of running with the hope his last name appealed to voters in the heavily Hispanic county, a charge that Mr. Carrazana denied.None of that took place Thursday in the conference room where committee members drilled down to gauge the smarts, temperament and dedication of each candidate.
Monday, April 05, 2021
Sen. Grassley throws another wrench into the judicial selection process
He sent this letter to Middle District of Florida Chief Judge Corrigan railing against the Middle District's decision to post on its website the "House based" JNC's notice and application process. Our District quickly took down the same links on its website.
From the letter (footnotes omitted):
By posting this notice, your Court is giving credibility to the “Commission” against the stated views of Senators Rubio and Scott. For example, there is no similar announcement for how interested parties can reach out to Florida’s U.S. Senators. The Middle District of Florida is, therefore, taking a side in a pending, partisan political dispute. As a result the federal judiciary has found itself in the middle of a purely political conflict between the House, the Senate, and the President. This bodes ill for its perceived independence.
I have the following questions for you.
1. At whose request did you place this notice on the Middle District’s website?
2. Were you aware that Florida’s Senior Senator, Marco Rubio, said of this “Commission,” “We can’t stop Joe Biden from consulting with whomever he wants in picking nominees, but this effort has no legitimacy in our eyes with regards to our advise-and-consent role.”
3. Were you aware that Florida’s Junior Senator, Rick Scott, upon hearing of this “Commission,” wrote to President Biden to oppose this “attempt[] [by House Democrats] to insert themselves into the nomination process”?
4. Did you consult with either Senator Rubio or Scott before issuing your Court’s announcement about the “Commission”?
5. What, if any, ethics advice did you receive before announcing the House “Commission” on the Middle District’s website?
6. Will you agree to take remedial action in order to prevent the appearance of partisan political activity on the part of your Court? In particular, will you (a) remove the notice about the House “Commission” and (b) issue a further notice that the Court takes no part in or position on the nomination process for federal office in Florida? If not, why not?
The complaint that "there is no similar announcement for how interested parties can reach out to Florida's U.S. Senators" is strange. Have Rubio or Scott announced how they intend to vet candidates? I'm sure the MDFLA would be fine posting that information as well. The problem, though, is that Scott has said he will try to block any Biden nominee. I wonder if Grassley has a problem with that.
Tuesday, March 03, 2009
Picking A Replacement for Judge Hurley
David recently posted a list of the JNC for the SD FL, who are charged with recommending a replacement for Judge Hurley now that he is going senior status:
Kendall Coffey (Chair) Georgina Angones Reginald Clyne Gonzalo R. Dorta AlI think the list is pretty solid, what do you all think?
Dotson Philip Frieden John Genovese Evelyn Greer Jillian Hasner Manny Kadre
Chuck Lichtman Richard Lydecker Tom Panza Luis Perez Danny Ponce David Prather Dennis Richard Justin Sayfie Chris Searcy Steve Zack.
Back when Bush was President, Senator Hatch had this to say about the judicial nominating process:
It seems to me that the only way to make sense of the advice and consent role that our Constitution's framers envisioned for the Senate is to begin with the assumption that the President's constitutional power to nominate should be given a fair amount of deference, and that we should defeat nominees only where problems of character or inability to follow the law are evident.Makes perfect sense to me.
In other words, the question of ideology in judicial confirmations is answered by the American people and the Constitution when the President is constitutionally elected. As Alexander Hamilton recorded for us, the Senate's task of advice and consent is to advise and to query on the judiciousness and character of nominees, not to challenge, by our naked power, the people's will in electing who shall nominate.
To do otherwise, it seems to me, is to risk making the federal courts an extension of this political body. This would threaten one of the cornerstones of this country's unique success – an independent judiciary.
We must accept that the balance in the judiciary will change over time as Presidents change, but much more slowly. For the Senate, to do otherwise is to ignore the Constitution's electoral process and to usurp the will of the American people. To attempt to bring balance to courts in any other way is to circumvent the Constitution yet again, without a single vote of support being cast by the American people.
Then why, as Washington Monthly notes, was Hatch a signatory to this letter to the President just signed by all 41 Republican Senators:
President Barack Obama should fill vacant spots on the federal bench with former President Bush’s judicial nominees to help avoid another huge fight over the judiciary, all 41 Senate Republicans said Monday.Oy. So where does that leave us here in South Florida?
In a letter to the White House, the Republican senators said Obama would “change the tone in Washington” if he were to renominate Bush nominees like Peter Keisler, Glen Conrad and Paul Diamond. And they requested that Obama respect the Senate’s constitutional role in reviewing judicial nominees by seeking their consultation about potential nominees from their respective states.
“Regretfully, if we are not consulted on, and approve of, a nominee from our states, the Republican Conference will be unable to support moving forward on that nominee,” the letter warns. “And we will act to preserve this principle and the rights of our colleagues if it is not.”
In other words, Republicans are threatening a filibuster of judges if they're not happy.
Thursday, September 04, 2014
News & Notes
2. The 11th Circuit granted en banc review in United States v. Roy. This was the case authored by Judge Wilson in which the court granted a new trial for a defendant because the district judge conducted part of the trial without him and his counsel. Chief Judge Ed Carnes dissented. Now the whole court is going to hear the case. Interestingly, the Carneses are using their first names now to distinguish themselves. Here's the beginning line of the order: Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, PRYOR, MARTIN, JORDAN, ROSENBAUM, and JULIE CARNES, Circuit Judges. Soon the Pyrors will be doing the same thing...
3. Judge Tjoflat, joined by Judge Ed Carnes and Judge Marra, has this new opinion in United States v. Campbell, which starts this way:
In this case, Maurice William Campbell, Jr., and several co-conspirators, created, and successfully executed, a scheme to defraud the State of Alabama to the tune of several million dollars. The scheme was ultimately uncovered, and the co-conspirators were separately indicted by a Northern District of Alabama grand jury. Campbell was charged with wire fraud, mail fraud, money laundering, engaging in monetary transactions in criminally derived property, and conspiring to commit those offenses.
Campbell pled not guilty and stood trial. Several of his co-conspirators, having pled guilty, testified for the prosecution. The jury believed what they had to say and found Campbell guilty as charged. At sentencing, the District Court departed downward from the sentence range the Sentencing Guidelines prescribed, 262 to 327 months’ confinement, and imposed prison sentences totaling 188 months. The court also ordered him to pay $5.9 million to the State of Alabama in the form of restitution.
Campbell appeals his convictions and sentences. He appeals his convictions on the ground that the Government failed to prove his guilt beyond a reasonable doubt.2 He appeals his sentences on the ground that they are procedurally and substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S. Ct. 586, 597, 169 L. Ed. 2d 445 (2007). We find no merit in Campbell’s challenges to his convictions, and therefore affirm them, because the evidence of guilt, which we set out in considerable detail infra, was overwhelming. We also affirm his sentences, finding no procedural or substantive error.
4. Check out the Dade County Defense Bar Association's Fall 2014 Ethics Seminar, which is being put on by Robert Kuntz. Looks interesting!
Friday, April 27, 2012
BREAKING -- JNC cuts list to 3 for federal judgeship
Robin Rosenberg
William Thomas
John Thornton
Congrats!