Lawyer jailed in state court

I really don't cover the state court system and this blog is dedicated to this federal district, but I couldn't help but notice this article about Broward State Judge Cheryl Aleman jailing a lawyer for 60 days for not appearing for court. For those state practioners who think the federal judges are rough, I've never heard of such a thing. Anyone have any good contempt stories from our district?

Judge Ungaro and red tape don't mix

"Bureaucracy doesn't exist to serve itself. It exists to serve the people.'' Well said by Judge Ungaro as she "lashed out" at a government lawyer representing the Justice and Homeland Security departments and the U.S. Citizenship and Immigration Services. Anyone who has ever had to deal with the red tape of the immigration system knows how frustrating it can be.

Snubbed?

Judge Moreno continues to lead the "funniest judge in the district" poll, but there have been whispers that the poll is not valid because it did not include Magistrate Judge Klein. Sorry about the oversight!

Reverse Venue Issue

On February 14, 2006, the en banc 11th circuit will hear oral argument on the venue issue for the Cuban Five.

Now, the opposite issue has arisen in front of Judge Cohn. Here the Cuban exile defendants are claiming that the feds should not have brought the case against them in Ft. Lauderdale where there is barely any connection to the crime. Instead, they argue, the case should be transferred to Miami where the firearms were actually seized because in Miami they will receive a jury of their peers. ''[T]he government ignored the overwhelming ties of parties and witnesses to Miami-Dade and maneuvered to improve its chances of securing convictions by minimizing, if not eliminating, the participation of Cuban Americans in the petit jury and in the grand jury that returned the indictment,'' wrote their lawyers, Ben Kuehne, Dennis Kainen, Kendall Coffey and Arturo Hernandez. See the Herald article here.

I wonder how CABA will react to this. They just filed an amicus brief supporting the government in the 11th Circuit on the venue issue arguing that it was discriminatory for the panel to hold that the spies could not get a fair trial in Miami... Will they support the defense or the prosecution on this issue? I'm sure the spies are going to cite this case as an admission from the government as to jury dynamics in Miami.

Defenders of the government on this issue argue that if venue is even arguably proper in Ft. Lauderdale, the U.S. Attorney's office should not be faulted for bringing the case there if it thinks it will get a more favorable jury... Thoughts?

DBR covers our new Circuit Justice

Carl Jones does a nice job explaining the ramifications of our Circuit Justice changing from Kennedy to Thomas in today's Daily Business Review (UPDATE -- available from law.com here). We covered that change here. Here's an excerpt from Jones' article:

On Feb. 1 Chief Justice John G. Roberts Jr. assigned Thomas to oversee the 11th Circuit. The move was part of a shuffle following the confirmation of Justice Samuel Alito Jr. The power to grant emergency stays is most critical in death penalty cases. But it’s also a key method of freezing judgments and judicial orders in time-sensitive legal disputes like those that arose in the end-of-life case involving Terri Schiavo and in the 2000 presidential election recount battle. If a justice denies a petition, a litigant can still ask the other eight justices, or the full court, to review the case. But experts say the chances of being granted review decrease if the justice in charge of a circuit already has denied review. Thomas’ appointment to cover the 11th Circuit makes some Florida criminal defense lawyers nervous. “I don’t perceive Justice Thomas as being particularly friendly toward death penalty defendants,” said Neal DuPree, the Fort Lauderdale-based capital collateral regional counsel for South Florida. His state agency represents death row inmates in post-conviction habeas corpus petitions.