Guest Post by Michael Caruso
As you know, today has been designated as a National Day of Mourning for President Carter.
To recognize his passing, I thought I would note the
giants he appointed to our district court. Because many of David’s readers likely did not practice before these judges,
I hope those who had will comment about their experiences. Also, I hope current
judges who served alongside these judges (or clerked for them) also will share.
In order of appointment:
William Hoeveler
Jose A. Gonzalez, Jr.
Edward B. Davis
James W. Kehoe
James C. Paine
Eugene P. Spellman and
Alcee Hastings
Among many other accomplishments, we owe President Carter a debt of gratitude for making these appointments.
Judge Hoeveler was a gentleman; great demeanor, smart, thoughtful. Little thing he used to do: When you appeared before him in a trial for opening/closing or before argument, and you stated, "may it please the Court" he would immediately respond "yes sir!" Just a little thing that showed that he appreciated you appearing before him as counsel. Very fair Judge.
ReplyDeleteJudge Gonzalez another with a great demeanor; you knew he was listening to every little thing going on in his courtroom, and was always polite. Another very fair judge
Judge Paine was very fair; really put the government to its proof and never accepted assertions at face value; no favoritism. You always knew your client had a shot with him. Judges Davis, Spellman and Kehoe were similar.
I had the privilege to try jury trials in front of all and the luck to serve with them , except for Hastings, whose seat I was lucky to get. Although they were all different, they liked each other , were happy to try cases and would mentor young lawyers and this then young judge. Great Americans who loved the court, lawyers and their work. I miss them but remember great stories every time I see their portraits in the Ferguson Courthouse. Fred Moreno
ReplyDeleteBy Judge Milton Hirsch:
ReplyDeleteJose Gonzalez was a state-court judge before President Carter elevated him to the federal bench. He was experienced, scholarly, well-spoken, and possessed of a wickedly wonderful sense of humor. I had several trials before him, every one of which was a pleasure (and one or two of which I actually won).
One of the trials that forged the image that had grown up around Miami in those days was the “Court Broom” case. State-court judges and lawyers were prosecuted for corruption in federal court. The trial took place in the magnificent ceremonial courtroom in the old courthouse. Judge Gonzalez presided.
Ed Carhart, one of the greatest defense attorneys ever to practice in this community, represented one of the state-court judges. Part of the case against Carhart’s defendant was that he had been presented with a warrant and had ruled upon in a way that could be explained only by corrupt influence. Carhart wanted me to testify as an expert on Florida criminal procedure, and to opine that the decision made by his client with respect to the warrant was at least colorably supported by Florida law. I read the warrant and agreed to testify.
Ed put me on the witness stand, elicited my credentials, and tendered me as an expert on Florida criminal procedure. Judge Gonzalez looked at me and, with that twinkle in his eye for which he was well known, said, “Mr. Hirsch, I’ll find you to be an expert. But let me tell you something. You’re not going to like being on this side of the witness box nearly as much as you like being on the other side.”
That was something else he was right about.
I clerked for one of the great men listed above -- Judge Edward B. Davis. He was larger than life and one of the best. One quick non-law related story -- Judge Davis sat on the Ft. Pierce wheel. So a few times a year, we'd have to drive up there to handle the docket and trials. Each clerk would get a turn driving Judge Davis there in his Cadillac. When it was my turn, I was very nervous. It was a long drive and I had never driven his car (or him) before. I told myself that I would take it slow and not risk speeding or getting the judge upset. About 10 minutes into the drive on 95, Judge Davis turned to me and said, "Son." I glanced over and asked "Yes?" I was wondering what I had already messed up. He replied -- "It's okay, stop going so slow; you can step on it!" We both laughed and I started driving a little faster. I miss that guy.
ReplyDeleteI tried cases before Judge Davis and Judge Gonzalez. I walked away saying each time “that is exactly how a judge should be. “ I recall judge Gonzalez in a bank robbery trial hearing complex motions, leaning back for a moment and closing his eyes and then summarizing the issue in a very simple and clear way and then ruling. I also remember him chatting with my client’s mother who was a witness to a search and spending a few moments before the jury came in making her feel comfortable - knowing what a difficult moment this was for her Both men were superb. They knew the law and they worked very hard but they never let the job overwhelm them by losing their decency and humanity. Judge Cooke - rest in peace - had that as others did and do. You know it when you see it to paraphrase a famous legal quote.
ReplyDelete