Yeney Hernandez sworn in, Guest Post by Lindsey Lazopoulos Friedman

Yeney Hernandez sworn in, Guest Post by Lindsey Lazopoulos Friedman

photo by Jon Kobrinski
 

Congratulations to Yeney Hernandez on being sworn in as the Southern District’s newest United States Magistrate! Chief Judge Altonaga swore Judge Hernandez in this morning, where Judge Hernandez wore a robe that,  as Judge Lauren Louis explained, has been passed down from Judge Seitz to each newly invested female Judge in the Southern District as a symbol of their embrace and support. 

 

Ed Stamm, Assistant U.S. Attorney and Acting Chief of Public Corruption, talked about Judge Hernandez’s many contributions to the U.S. Attorney’s Office, and how she did so with humility and integrity, the gold standard of public service. Judge Hernandez’s husband AUSA Jason Wu, spoke how about hard she works behind the scenes, how committed she is to justice, and how she always strove to show fairness to victims and defendants alike. 

 

I also spoke, and like the other speakers, couldn't help but notice how much Judge Hernandez embodies the American Dream. Judge Hernandez and her family escaped communist Cuba and spent months - including her 7th birthday - at Guantanamo Bay, making their way to the United States. Her father, formerly a doctor in Cuba, become a truck driver in Miami and her mom worked two jobs to make ends meet. Judge Hernandez fondly remembered her mother leaving chocolates (Ferrero Rocher) after coming home from her Saturday night shift for Judge Hernandez to find when she woke up. Judge Hernandez would go on to attend Duke (as a double major), followed by Yale Law School (where she served as an editor on two journals), followed by a clerkship on the Sixth Circuit and several years at a prestigious law firm before spending over ten years at the U.S. Attorney’s Office. 

 

Judge Hernandez also spoke, paying homage to her parents and recognizing and thanking them for their dedication and sacrifices. She also affirmed her commitment to the Constitution and Oath of Office, and thanked the community for their contribution to her own great achievement. She looks forward to hitting the ground running, and Judge Altonaga looks forward to it too! 

Friday News & Notes

 By John R. Byrne

A few items of interest. 

1. Two big trials--the David Rivera trial (before Judge Damian) and trial of the men accused of assassinating Haitian president Jovenel Moïse (before Judge Becerra) will continue into next week. An opportunity to witness high-quality lawyering in high-profile cases.

2. How about the Harris County, Texas judge going viral for how he treated a court IT worker? Kudos to the IT worker for keeping his cool. And it doesn't appear that the judge just had a single bad moment. The article also shows a clip of him threatening to handcuff a lawyer for making an argument. Next time you have a bad day in court, remember that things could always be worse. You could be in Harris County!

3. The Jewish American Heritage Month event will be held at the Wilkie D. on May 5. Judge Leibowitz is moderating a discussion with Alyza Lewin (President of U.S. Affairs for Combat Antisemitism Movement) and Dr. Keren Yarhi-Milo (Dean of Columbia University School of International & Public Affairs).

Details on RSVP'ing below.

4. Happy Easter and Happy Passover to those who celebrate. 

United States v. Florida

By Jordi C. Martínez-Cid

Yesterday the Eleventh Circuit issued an opinion, authored by Judge Jordan, generally upholding Judge Middlebrooks' trial rulings and broad permanent injunction in favor of the Federal Government. Judge Middlebrooks essentially found that Florida’s Medicaid Agency violates Title II of the American with Disabilities Act ("ADA") by unnecessarily institutionalizing children with medical needs and placing others at a serious risk of institutionalization. Judge Brasher dissented, arguing that the serious risk identified by the trial court does not constitue a concrete violation of the ADA. Interestingly, Judge Brasher concludes that "It seems likely to me that, somewhere in Florida, there is a child with serious medical needs who has a strong Olmstead claim" but that the majority's opinion does not vindicate that child's rights and does not necessarily prevent the harm in the future. The opinion and dissent can be found here.

Breaking -- Judge Jeffrey Kuntz nominated to SDFLA.

From DJT's Truth Social post:

It is my Great Honor to nominate Jeffrey Kuntz to serve as Judge on the United States District Court for the Southern District of Florida. As the Highly Respected Chief Judge of Florida’s Fourth District Court of Appeal, Jeffrey has been TOUGH and SMART, and delivered strong results for the Sunshine State. A proud graduate of Boston College, who earned his J.D. at Suffolk University Law School, Jeffrey has demonstrated his commitment to the Rule of Law throughout his career. He will always defend our Great Constitution, and put our Country, FIRST. Congratulations Jeffrey!

Making History

By John R. Byrne

Yesterday, the Court hosted its first ever Women's History Month event, and it didn't disappoint. Judge Williams moderated a discussion with the panelists. A recurring theme was that the panelists grew up in families with strong women who encouraged them to pursue their dreams. 

A nice moment was when the panelists were asked about female lawyers or judges who had inspired them. Judge Becerra said that, though she had aspired to be a judge when she was a young lawyer, it took her seeing someone with a background like hers reach the bench to believe her dream was attainable. That judge? Her fellow panelist, Chief Judge Altonaga.

Of all the panelists, former judge Rosemary Barkett seemed to have the most fun (and delivered some great laugh lines).

Pictured from left to right: Rosemary Barkett, Magistrate Judge Detra Shaw-Wilder, Chief Judge Altonaga, Tiffani Lee of Holland & Knight, Judge Kathleen Williams, Judge Robin Rosenbaum, and Judge Jaqueline Becerra.

Looking to Hire a Federal Law Clerk?

By John R. Byrne

As more and more national law firms open up shops in Miami, the market for hiring federal law clerks is more competitive than ever. If only there was a convenient place where said law clerks might congregate one evening to be pitched by prospective employers. Wait--there is! Each year, the Federal Bar Association puts on a Law Clerk Reception. This year, it's being held on April 16, 2026 at the Gunster law firm in Fort Lauderdale between 6 and 8 p.m. More details here.

Tom Goldstein moves for JOA

The federal criminal justice system is so messed up -- there are no motions for summary judgment.  There are no depos.  So if you want to get rulings about the validity of a case, you pretty much have to go to trial and risk a sentence 5x as long as if you plead.  It's so wrong in so many ways.  

This leads us to SCOTUSblogger's Tom Goldstein's motion for judgment of acquittal.  Bloomberg covers it here:

Tom Goldstein, the US Supreme Court advocate and ultra high-stakes poker player convicted of tax and loan-related offenses in late February, is asking the judge who presided over the six-week trial to toss the jury’s verdict.

Goldstein’s motion for acquittal or, in the alternative, a new trial challenges, among other things, the court’s jury instructions on accessory liability and willful blindness. It was filed Monday in the US District Court for the District of Maryland.

The error in the instructions on accessory liability alone requires a retrial on every every count, Goldstein claims. General “charging instructions” failed to advise the jury that aiding and abetting liability required finding another guilty principal; willful conduct by Goldstein; and an affirmative act, not merely an omission, the motion says.

The instructions also failed to advise the jury that finding him guilty for causing “an act that would be an offense if directly performed by him or another” required it to find that Goldstein intended that the substantive offenses be committed.

Further, Judge Lydia Kay Griggsby granted the government’s request to eliminate the accessory instructions detailing aiding and abetting requirements after the parties delivered their closing arguments. It’s a violation of a procedural rule that Goldstein says was “undoubtedly prejudicial” in this case.

Doing so “changed accessory liability from essentially a non-issue in the case to a serious basis on which to convict,” the motion argues. If defense counsel had known the jury would be permitted to find accessory liability without finding that some other principal committed every element of the substantive offense, they would have taken the issue on at closing, the motion said.

Cafecitos on Capitol Hill

 By John R. Byrne

Each year, the Federal Bar Association heads to Capitol Hill to talk to lawmakers about issues facing our federal judges. The focus this year was an increase in funding for judicial security and getting more judgeships to deal with the rising caseload. The judgeships issue is somewhat of a political football--neither party wants the other one to get to fill the first set of new ones. So, we discussed another solution, increasing the amount of controversy for federal diversity cases. Congress, apparently, is toying with the idea of $150,000 or even, possibly, $500,000. Stay tuned.

An issue that wasn't controversial? The naming of the new federal courthouse in Broward. The plan is to introduce a bill to name it after Judge Dimitrouleas and all the staffers and reps we spoke with were enthusiastically on board with the dedication (and that was even after lawyer Oliver Ruiz spelled Judge D's entire name for the staffers). The bill, which Congresswoman Debbie Wasserman Schultz is taking the lead on, could be introduced very soon.

One of the day's highlights was Congressman Carlos Gimenez, Congress's only Cuban-born representative, serving the Miami contingent his special brand of cafecito (pictured above). Best one I've ever had. Must be his secret weapon when trying to swing votes. 

Report from the Rivera Trial

By John R. Byrne

I couldn't stop by the King building to catch the action myself. But a few SDFLA blog "special correspondents" were on the scene and reported the following:

AUSA Harry Schimkat's direct examination of Secretary Rubio was well-done--"concise, direct, efficient, and organized." It also produced some moments of levity. Take the following:

Question:  "Sir, are you employed?" (Laughter)

Answer: “Yes, I actually have two jobs. Secretary of State of the United States of America and National Security Advisor for the President of the United States." (More laughter) 

Later, Secretary Rubio testified that he served as a U.S. Senator for Florida until he was confirmed by the Senate as Secretary of State “99-0.” That prompted this line from Judge Damian: “Better than me.” (Laughter again)

On cross, defense attorneys scored some points too. In response to questioning from David Markus, Rubio agreed that Esther Nuhfer, Rivera's co-defendant, was "trustworthy," "acted in good faith," was "generous as a person," and was "strongly opposed to socialism in Venezuela." And, more specific to the charges, Rubio agreed that Nuhfer never lobbied him for anything. Jay Weaver for the Herald covers it here.

Still a lot more to come in this case. But yesterday made some history. According to Newsweek, Secretary Rubio is the first sitting member of the president's Cabinet to testify in a criminal trial in 43 years. The last one? Labor Secretary Raymond Donovan, who testified at a mafia trial in 1983.

Secretary of State Testifies Today

By John R. Byrne

We have a Secretary of State testifying this morning. Marco Rubio will be at the King building to testify in the trial of David Rivera. Rivera is accused of unregistered lobbying for the Venezuelan government during the first Trump administration. David Markus and Ed Shohat for the defense. CBS covers it here. This has to be the first time a sitting Secretary of State has testified in a SDFLA trial, but maybe one of our SDFLA historians will say otherwise.

I hear space in Judge Damian's courtroom is at a premium, so good luck to those trying to get a seat. 

Miami's Women in Leadership

By Jordi C. Martínez-Cid

Miami is unique in that it is the only major U.S. city founded by a woman. Julia Tuttle, the Mother of Miami, would be proud to know that Miami is (probably) the only major U.S. city with a woman in nearly every leadership role. On Friday at Amal in Coconut Grove, the Cuban American Bar Association recognized those women, including Chief Judge Altonaga. The other honorees were: Ariana Fajardo Orshan, Chief Judge of the Eleventh Judicial Circuit (and former U.S. Attorney for our district); Daniella Levine Cava, Mayor of Miami-Dade County; Eileen Higgins, Mayor of Miami; Rosie Cordero-Stutz, Miami-Dade Sheriff; Katherine Fernandez Rundle, Miami-Dade State Attorney; and Alina Garcia, Miami-Dade Supervisor of Elections. Congratulations to all the honorees.

(Left to right: Haydee Sera, Chief Judge Altonaga, Amanda Fernandez)

Judge James W. Kehoe

 By John R. Byrne

Happy Friday, everybody. Today we remember Judge James Kehoe, who served on our court for nearly twenty years (from 1979 to 1998). Before his federal judicial service, Judge Kehoe had a long career on the state court bench. He served fourteen years as a state circuit court judge (1963-1977) and two years as a state appellate judge on the Third DCA (1977-1979). 

Then there was football. Judge Kehoe attended the University of Florida on a football scholarship and served as a college football referee during his years of judicial service. I'm thinking the penalty flags he threw may have carried a bit more heft than those thrown by his fellow crew members. 

At the time of his death, one of his law clerks recalled that, while on the state court bench, Judge Kehoe commented that he hoped to have earned the following inscription on his gravestone:  “Good Lawyer, Nice Guy.” By all accounts, he did. 

FBA write up below:

Judge Kehoe was nominated to the district court by President Carter; he served on the court from 1979 to 1998. He served as a sergeant in the U.S. Army Air Corps from 1943 to 1946. In Meek v. Martinez, 724 F. Supp. 888 (S.D. Fla. 1987), Judge Kehoe held that Florida’s intrastate funding formula for allocating Older Americans Act funds violated both the Act and Title VI of the Civil Rights Act by failing to adequately target services to low-income minority elderly and by producing a racially disparate impact, and accordingly enjoined further implementation of the formula until it was revised to comply with federal law.

Court Event for Women's History Month

 By John R. Byrne

Back in 1978, a county in Sonoma, California came up with the idea of a "Women's History Week." It caught on, eventually leading Congress to designate the month of March "Women's History Month" in 1987.

Now, just about forty years later (yes, 1987 was almost forty years ago), the SDFLA is holding its first Women's History Month event. It's a great lineup of speakers (see below). Date is March 31, 2026 at the Wilkie D. You can register to attend by emailing FLSD_Program@flsd.uscourts.gov. 

Also, good luck to the Hurricanes and Gators in the NCAA tournament, which tips off today. I see Duke winning it this year.

Happy Saint Patrick's Day!

By John R. Byrne

I’m a little late on this post, but I wanted to wish everyone a Happy St. Patrick’s Day. While it may be hard to play hooky on a Tuesday, I hope at least a few of you managed to sneak out for a pint—whether at Duffy’s (the real one on Red Road, not the chain), John Martin’s, or your Irish pub of choice.

The holiday also offers a good excuse to reflect on the contributions of Irish-American jurists to our legal tradition. One notable example is Supreme Court Justice Frank Murphy. Though perhaps not as widely remembered as some of his contemporaries, Murphy—himself the son of Irish immigrants—authored a dissent in Korematsu v. United States. In it, he condemned the internment of Japanese Americans:

“Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States.”

Closer to home, it appears that the St. Patrick’s Day spirit made its way into one of our courthouses as well. The attached poster—apparently displayed today at the West Palm Beach courthouse—highlights several Irish-American members of our bench, including Judge Williams, Magistrate Judge McCabe (twice, no less), Magistrate Judge Matthewman, Magistrate Judge Hunt, and retired Magistrate Judge O’Sullivan. That said, this list may not be exhaustive. I believe we're missing, at the very least, Judge Moore.

In any event, it is a reminder that even in the Southern District of Florida, a bit of Irish heritage—and perhaps a touch of Irish humor—can find its way into the law.

I start trial today...

 ... so I will be relying heavily on Mr. Byrne to pick up the blogging in my absence.  

Jury selection this week in this interesting FARA case in which Marco Rubio will be a witness.   

Ed Shohat, David Weinstein, and Buddy Bardenwerper represent Former Congressman David Rivera.

Margot Moss (who will opening for us next Monday) and I represent Esther Nuhfer.

The govt is represented by Harry Schimkat, Roger Cruz, and David Ryan. 

Event next month with Judge Singhal and Judge Artau

By John R. Byrne

Our federal judges who sit in Fort Lauderdale don't get down to Miami all that often. And the judges even farther north (West Palm Beach and Fort Pierce) generally get down even less. That's what makes an upcoming Federal Bar Association event a rare opportunity. On April 9, 2026, Judge Singhal, who sits in Fort Lauderdale, is interviewing our newest federal judge, Judge Artau, who sits in West Palm Beach. This will be at noon at the Coral Reef Yacht Club. 

Parking is easy and the food much better than the typical hotel ballroom fare. Registration link here. 

Magistrate Judge Opening in Fort Pierce

By John R. Byrne

Want to be a federal magistrate judge in Fort Pierce? The Court is accepting applications. You can apply here.

Ever wonder where Fort Pierce got its name? No? Well, I'll tell you anyway. It's named after an Army post which was built near the city in 1838 during the Second Seminole War. And that Army post, in turn, had been named after Benjamin Kendrick Pierce, a career United States Army officer and, notably, the brother of President Franklin Pierce.

Judge William Hoeveler

 By John R. Byrne

I never practiced before Judge Hoeveler but he's another judge whose name often comes up when I hear lawyers talk about great trial judges. His claim to judicial fame, of course, was presiding over the trial of General Manuel Noriega. And even Noriega was impressed. He told the judge, "The one shining light through this legal nightmare has been your honor. You have acted as honest and fair as anyone can hope for."

Some other quotes about the judge:

• Judge Eugene Spellman: “I call him the biblical judge. He has the wisdom of Solomon and the patience of Job.”

• Judge Fay (on Hoeveler as a trial lawyer): "Smart, witty, and extremely handsome, he was impossible to deal with in front of a jury. Always the courtly and courteous lawyer, he was adored by judges and jurors alike. Try making a living trying cases against a guy like that!”

• Attorney Aaron Podhurst: "He acted like Abe Lincoln. He never raised his voice, and he was a fabulous lawyer, and he was a great trial judge."

• The Miami Herald called him "The Court's Mister Clean" and The Miami News rated him the "The Best Judge in Town."

And then there's this story, recounted in this excellent FBA profile on the judge: 

"Before one of the many drug importation trials he presided over, a defense attorney told the judge that the defendant was still in a jail uniform and needed a few minutes to change. The judge stood up, took off his sweater and handed it to the attorney, saying 'Make sure he’s seated when the jury comes in, and he’ll look fine in this. I hope he likes blue.'" 

So, yes, Judge Hoeveler was the kind of man who'd give you the shirt off his back.

FBA write-up below:

Judge William Hoeveler was nominated by President Carter to the district court, where he served from 1977 to 2017. Hoeveler enlisted in the U.S. Marine Corps during World War II and served a tour of duty in the Pacific as a lieutenant from 1942 to 1946. Judge Hoeveler presided over several notable matters, including the Elian Gonzalez proceedings and the 1991 trial of former Panamanian dictator Manuel Noriega, who was convicted on multiple counts of drug trafficking, racketeering, and money laundering. United States v. Noriega, 746 F. Supp. 1506 (S.D. Fla. 1990), aff'd, 117 F.3d 1206 (11th Cir. 1997). 

Trial starts today in the case involving the murder of Haitian President Jovenel Moïse

Jury selection starts with Judge Becerra this morning.  The AP covers it here:

Arcangel Pretel Ortiz, Antonio Intriago, Walter Veintemilla and James Solages are charged with conspiring in South Florida to kidnap or kill Haiti’s former leader, plus related charges. They face possible life sentences. They all pleaded not guilty.

Christian Sanon was set to go on trial, but his attorney confirmed Monday that Sanon’s case was severed from the others because of medical reasons. A separate trial for Sanon will be scheduled for a later date.

The trial against all five defendants was previously set for last year, but U.S. District Judge Jacqueline Becerra in Miami agreed to delay the case because of discovery challenges and the large volume of evidence.

Five others have already pleaded guilty in the conspiracy and are serving life sentences. A sixth person, who officials believe didn’t know about the assassination plot, was sentenced to nine years behind bars after pleading guilty to providing body armor to the conspirators.

Lindsey Halligan is NOT under investigation by the Florida Bar!

 That's what the Florida Bar is saying after first saying she was under investigation.  How odd.

Here's Bloomberg discussing the about-face:

The Florida Bar said it mistakenly wrote in a letter last month that it was investigating former Virginia US Attorney Lindsey Halligan.

The reversal Friday comes a day after the ethics nonprofit Campaign for Accountability announced having received a Feb. 4 letter from the state’s attorney disciplinary authority confirming an “investigation pending” in response to its complaint about Halligan.

“The Florida Bar wrote a letter to the complainant erroneously stating that there is a pending Bar investigation of member Lindsey Halligan. There is no such pending Bar investigation of Lindsey Halligan,” said spokesperson Jennifer Krell Davis. “The Florida Bar received a complaint against Lindsey Halligan and, consistent with standard practice, the Bar is monitoring the ongoing legal proceedings underlying the complaint.”

The Campaign for Accountability had sought a probe into Halligan’s potentially false statements while prosecuting former FBI Director James Comey and New York Attorney General Letitia James (D), as head of the Eastern District of Virginia’s US Attorney’s Office.

“CfA has not heard directly from the Florida Bar, but it’s hard to reconcile this latest statement with the bar counsel’s previous letter saying there is an investigation pending,” said the group’s Executive Director Michelle Kuppersmith, in a statement. “If there is no longer an investigation into Halligan, the question is why not, given that three judges indicated she engaged in conduct that appears to violate ethics rules.”