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"I barely have clout in my own court as a senior judge, much less clout in somebody else's court."

That was Judge Huck commenting on whether he would get any special breaks in small claims court.  The DBR has more:

Small claims court might not be the place you'd expect to see a host of heavy hitters in the Miami legal community.
But a Miami-Dade County Court tussle over a $75 fee at the exclusive Riviera Country Club has a "who's who" list of plaintiffs, including a federal judge, a state appellate judge and high-profile attorneys.
U.S. Senior District Judge Paul Huck and Third District Court of Appeal Judge Frank Shepherd are the first two named plaintiffs on the lawsuit against the Coral Gables club.
The judges and the four other plaintiffs, all self-represented, are suing the club to resolve a dispute about senior membership, which is available to club members over 70 who have been members for at least 25 years. The complaint seeks a declaratory judgment and seeks no damages.
...The other plaintiffs, who are or expect to be senior members, include attorneys Raul Valdes-Fauli of Fox Rothschild in Miami, Abigail Watts-Fitzgerald of Devine Goodman Rasco Watts-Fitzgerald in Coral Gables and solo practitioner Philip Brawner of Coral Gables.
Senior members of the club are not allowed to vote on club matters, but the club agreed to freeze their dues and never charge them future assessments, according to the Feb. 1 complaint.
The club is calling the $75 monthly charge a capital fee, but the plaintiffs contend it's an assessment and they shouldn't have to pay it.

Tough sentencing hearing

What should a judge do when a jury completely rejects the government's case (acquits of all felony charges) but convicts of a sole misdemeanor count?  This issue came up at yesterday's sentencing of former Massey CEO Don Blankenship. The case involved allegations of a cover up of an explosion that killed 29 people. The judge gave the maximum 1-year sentence.  From the AP:

Standing before a federal judge, former coal company executive Don Blankenship expressed sorrow for the families of 29 men killed in his coal mine six years ago but contended that he committed no crime.
"I just want to make the point that these men were proud coal miners. They've been doing it a long time. And they'd want the truth of what happened there to be known," Blankenship said Wednesday, drifting closer toward mentioning his theory that an act of nature, not negligence, caused the deadly explosion in his mine.
The judge told him to stop talking about the explosion and handed down the stiffest sentence allowed for his misdemeanor conviction: one year in prison and a $250,000 fine. ***
A federal jury convicted Blankenship on Dec. 3 of a misdemeanor conspiracy to violate mine safety standards at Upper Big Branch. The jury acquitted him of felonies that could have extended his sentence to 30 years.
The trial wasn't about what caused the explosion, and the judge made that painstakingly clear. U.S. District Judge Irene Berger also ruled that family members couldn't speak at Wednesday's sentencing for similar reasons, saying they weren't eligible for restitution and the cause of the explosion wasn't up for debate in the case.
At Upper Big Branch, four investigations found worn and broken cutting equipment created a spark that ignited accumulations of coal dust and methane gas. Broken and clogged water sprayers then allowed what should have been a minor flare-up to become an inferno.
Blankenship disputes those reports. He believes natural gas in the mine, and not methane gas and excess coal dust, was at the root of the explosion.
Blankenship rose from a meager, single-mother Appalachian household to become one of the wealthiest, most influential figures in the region and in the coal industry, and someone who gives back to the community, the judge noted Wednesday.
"Instead of being able to tout you as one of West Virginia's success stories, however, we are here as a result of your part in a dangerous conspiracy," Berger said.
During the trial, prosecutors called Blankenship a bullish micromanager who meddled in the smallest details of Upper Big Branch. They said Massey's safety programs were just a facade — never backed by more money to hire additional miners or take more time on safety tasks.
Blankenship's attorneys believe he shouldn't have gotten more than a fine and probation, and have promised to appeal. They embraced Blankenship's image as a tough boss, but countered it by saying he demanded safety and showed commitment to his community, family and employees.

More on the possibility of Judge Pryor moving to SCOTUS

The Heritage Foundation gave it short list of judges, and Judge Pryor tops the list:

In addition to an in-depth knowledge of the law and a settled judicial philosophy, a judge must have the backbone to withstand the inevitable onslaught of withering criticism from the mainstream media and the societal elites, cognoscenti, and other habitués who frequent the Georgetown and New York cocktail circuits without moderating his or her view to please them. Although he was speaking about his religious beliefs at the time, Scalia’s words could just as easily apply to conservative judges: “Have the courage to have your wisdom regarded as stupidity. … And have the courage to suffer the contempt of the sophisticated world.”
While there are a number of well-respected organizations within the conservative movement whose views should be solicited and considered, the following non-exclusive list of current judges illustrates the kind of highly qualified, principled individuals the new president should consider—after a thorough review of their backgrounds, records, legal acumen, judicial philosophies, and intestinal fortitude—for nomination to the Supreme Court.


William Pryor Jr. (Judge, 11th U.S. Circuit Court of Appeals)
The former Alabama attorney general made headlines in 2004 when President George W. Bush recess appointed him to the 11th U.S. Circuit Court of Appeals in Atlanta, where he was subsequently confirmed. While he was considered by some as controversial in 2004, during his 12 years on the bench, Pryor has established himself as a serious and thoughtful jurist, and has written on a variety of important issues. He is also a member of the U.S. Sentencing Commission.

One (not so) Shining Moment

Judge Moreno took into consideration that this defendant did a whole lot of good both before and after getting popped in this case.  From Dave Ovalle:

The judge heard a long list of bad stuff about Jorge Hernandez, the heavily tattooed, bodybuilding ex-U.S. Army soldier who ran one of the largest Molly drug rings in Miami history.
Three beautiful women, his ex-lovers facing prison time themselves, blamed Hernandez for fueling their drug addictions while convincing them to help smuggle in kilos of the synthetic drug from China. Two of them accused him of physical and psychological abuse.
One of his buddies insisted he helped Hernandez only to partake in the lifestyle of night clubs, porn stars and luxury rides.
But once he was caught, Hernandez proved to be an ace undercover operative – making drug deals that helped agents bust 13 other people. “The best I’ve seen in my experience,” federal prosecutor Marton Gyires told the judge on Monday during his sentencing.
That cooperation, combined with Hernandez’s impressive service in the military– he served in Iraq and Afghanistan as an Arabic-speaking translator – persuaded U.S. District Judge Federico Moreno to shave some time off what could have been a sentence of at least 10 years in prison. The end result: Hernandez, 37, will serve only four years.
“It wasn’t just service. It was combat duty,” Moreno said. “He should be given credit for his service to the military.”

Another defendant didn't fare as well:

Moreno also sentenced Seth Daniel Murray, 28, the son of two Miami-Dade corrections officers. Murray also wired money and picked up Molly packages, although his lawyer insisted it was only to “endear” himself to the lifestyle enjoyed by Hernandez.
“If someone says beautiful women, porn stars and ‘you can drive my Bentley,’ most people are going to say ‘yes’,” lawyer Scott Saul said.
Judge Moreno sentenced Murray to 50 months in prison, but not before noting: “The fact that he was enamored with the Hernandez lifestyle – I’m sure that love has dissipated by now.”

Read more here: http://www.miamiherald.com/news/local/crime/article69913522.html#storylink=cpy