Thursday, January 02, 2014

Time to pay your dues

Just in case you didn't get the e-blast today from the Clerk's office:

Pursuant to Administrative Order 2012-4, all members of the Bar of the USDC-SDFL, are required to pay a renewal fee of $25.00 starting in 2012, and every other year thereafter. The Court will begin accepting fees for the 2014 renewal cycle on or aboutJanuary 6, 2014. Failure to pay the 2014 renewal fee before the deadline of April 14, 2014, will result in a $50 late fee and deactivation of the attorneys CM/ECF account. If 2012 renewal and late fees are not paid by April 14, 2014, the attorney will no longer be a member of the USDC-SDFL Bar and must reapply for membership. Please visit our website [www.flsd.uscourts.gov] for information

New beginnings

The courthouse is open, but it's going to be a very quiet Thursday and Friday.  For those of you working, you can check out the Chief Justice's report on the judiciary here.  Here's a fun and depressing snippet:

The year’s end brings predictable constants, including the revival of favorite phantoms —Scrooge’s ghosts and George Bailey’s guardian angel — who step out from the shadows for their annual appearance and then fade away.  Who doesn’t welcome the familiarity of the seasonal cycles, or retelling classic stories that, at their core, contain important truths? There are, however, some cycles from which we would all wish a break.  At the top of my list is a year-end report that must once again dwell on the need to provide adequate funding for the Judiciary.
I would like to choose a fresher topic, but duty calls.  The budget remains the single most important issue facing the courts.  This year, however, let’s take a page from Dickens and Capra.  Let’s look at what has made our federal court system work in the past, what we are doing in the present to preserve it in an era of fiscal constraint, and what the future holds if the Judiciary does not receive the funding it needs....
After rising four percent in 2012, filings in the regional courts of appeals dropped two percent to 56,475 in 2013.  Appeals involving pro se litigants, which amounted to 51 percent of filings, fell one percent.  Criminal appeals decreased 13 percent....
Filings for criminal defendants (including those transferred from other districts) decreased three percent to 91,266.  Excluding transfers, fewer defendants were reported for most types of major offenses, including drug crimes.  Filings for defendants charged with immigration violations dropped five percent.  The southwestern border districts accounted for 75 percent of the nation’s immigration defendant filings.  Defendants prosecuted for sex offenses rose 10 percent.  There also were increases in defendants charged with violent crimes and regulatory offenses....
The 131,869 persons under post-conviction supervision on September 30, 2013, was less than one percent below the total one year earlier. Persons serving terms of supervised release after leaving correctional institutions increased one percent to 109,379 and constituted 83 percent of all persons under supervision. Cases opened in the pretrial services system in 2013, including pretrial diversion cases, declined six percent to 103,003.
Or maybe you want to read this 11th Circuit unpublished per curium opinion.  Below is the intro, and I bet you can guess who wrote it (thanks to my tipster for sending this along):
The defendants in this case participated in a multi-state prostitution
enterprise involving spas where the masseuses offered to provide clients with “happy endings” in exchange for cash. The scheme, however, did not end happily for the five defendants who brought this appeal. A jury ultimately convicted all five of them –– Alexandr Postica, Aleksandra Liubina, Natalia Federova, Alina Priadko, and Saida Babaeva –– of aiding and abetting a violation of the Travel Act, 18 U.S.C. § 1952(a), and of conspiring to violate the Travel Act. Postica was also convicted of conspiring to violate three additional statutes: 8 U.S.C. § 1328, 8 U.S.C. § 1324a(a)(1)(A), (a)(2), and 18 U.S.C. § 2421. The other four defendants in this appeal were not charged with conspiring to violate those three other statutes. The district court sentenced Postica to concurrent terms of 15 months imprisonment while the other four defendants were sentenced to time served. They now appeal their convictions on various grounds. The defendants challenge their convictions, not their sentences.
 Judge Kopf has ended his excellent blog, which is a shame.  Here's the last post, and sone of his concluding remarks:
Before I conclude this last post, I wish to make several points:
  • I am not quitting because of ethics concerns. Such problems are real, but vastly overblown. A thoughtful judge has about the same chance of violating the Code of Conduct when writing a book, giving a speech, authoring a law review article or writing a blog post.
  • Conspiracy buffs need not fret and anti-judge nuts need not cheer. No one has given me the slightest trouble about expressing myself here. I am quitting voluntarily and without a nudge from anyone.
  • Although I am truly worn out, I am OK. I am not quitting because of health reasons.
  • This is a powerful medium for, among other things, making federal trial judging transparent and for trying to wrap one’s arms around the conundrum of judicial role.. I hope some other federal trial judge takes up that hard but enormously satisfying labor.
  • I look forward to commenting on other blogs now that I am out of the biz.
  • To my astonishment, I have made several, perhaps many, friends along the way. I will maintain the e-mail address for the site, and I welcome hearing from these kind, smart (Oxford comma coming but just for fun), and thoughtful people. But, I don’t promise to respond as quickly as before. The foregoing said, you and each of you have my sincere thanks. Readers have taught me many valuable lessons about how to become a better judge and human being.
  • I will keep the blog “alive” for archival purposes, but nothing more. I will shut down the comment section in a week or so.

Tuesday, December 31, 2013

Happy New Year SDFLA!



Justice Sotomayor was asked to participate in the festivities in New York. From the LA Times:

New York City is going to kick in the new year with one of its own: U.S. Supreme Court Associate Justice Sonia Sotomayor, a native of the Bronx, has been tapped to lead the Times Square countdown on New Year's Eve on Tuesday.

The announcement was made Sunday by the organizers of America's highest-profile New Year's Eve event, which typically features star performances and always concludes with the dropping of a ball to mark the stroke of midnight.

Sotomayor -- who grew up in the Bronx housing projects and became the first Latina on the nation's highest court in 2009 -- will push the button to start the dropping of the ball, and will lead the final 60-second countdown to the new year, organizers said.

“Justice Sotomayor is an inspiration to many, and it is a privilege to welcome her to our celebration to ring in 2014,” Times Square Alliance President Tim Tompkins said in a statement. “Who better to join us in the Crossroads of the World than one of New York’s own?”

Sotomayor won't be the only Latina to play a high-profile role at the ceremony, with musical artists El Dasa and Jencarlos Canela among the musicians giving performances in the closing hours of 2013.

Rap duo Macklemore & Ryan Lewis and Miley Cyrus were also scheduled to perform. 

Monday, December 30, 2013

Best posts of 2013

By far the post with the most hits this year was "Local AUSA Mike Garofola to be on The Bachelorette," (with over 20,000 hits) followed by "Go, Dore, Go" (which was about his novel motion to compel NSA records, with almost 15,000).  Make your own conclusions about the readership... 



But before you do, know that other top hit posts were mostly the scoops regarding JNC lists, judges, and magistrates --  including Robin Rosenbaum being vetted for the 11th Circuit seat and the Rubio/Thomas blue slip controversy.  With these posts in particular (of the almost 2,500 in total), the blog was able to fulfill its mission of getting District news out quickly and accurately to the local federal court family.  





  

Friday, December 27, 2013

Miami Herald op-ed on Sen. Rubio

It's here.  Of relevance to this District:

The nomination of Miami-Dade Circuit Judge William Thomas to fill a federal judicial vacancy is illustrative. Mr. Thomas, if confirmed, would become the first openly gay black man to serve on a federal bench. After first recommending him, Sen. Rubio withdrew support, citing concern over two rulings — even though a prosecutor whom the judge ruled against in one case wrote the senator in support of Judge Thomas. Mr. Rubio’s office points out that he has supported some of President Obama’s judicial picks; critics say opposition to Judge Thomas is rooted in anti-gay politics.
As 2016 approaches, the presidential campaign will pick up speed. Given Sen. Rubio’s obvious political appeal, he should be a strong contender for his party’s nomination if he chooses to run, but his political calculus should not require support for an agenda that does not fit the needs of a large, diverse state like Florida.

Read more here: http://www.miamiherald.com/2013/12/21/3830328/rightward-shift.html#storylink=cpy