The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Happy Friday. Carlton Fields hosted Judges Scola, Altman, and Singhal and the local chapter of the Federal Bar Association for a CLE on judicial ethics. Interesting discussion about how involved federal judges should be in the community (the "Ivory Tower" approach versus active speaking/meeting with practitioners and members of the community). I think our bench is one of the more engaged benches, on the whole.
Big games tonight for the Heat (ESPN @7:30) and Panthers (TNT @7).
You gotta check out this First Circuit opinion reversing the Varsity Blues' convictions. It's exactly why more defendants should fight these weird fraud theories. 47 out of the 50 defendants pleaded out. Three cases went to trial. Two were acquitted and one was reversed on appeal.
District judges: we need you to do more to check these crazy prosecutions instead of letting them get all the way to trial. It's okay to grant motions to dismiss! You will get affirmed. And if not, the case will get reversed and then it will be tried. Nothing lost... These defendants suffered a lot and 47 others pleaded guilty because motions to dismiss this first of its kind theory were denied over and over again.
I've been posting a bunch about the ethical issues popping up with the Supreme Court Justices recently. From Ginni Thomas to Harlan Crow and so on. Some of these issues are real concerns, especially Ginni Thomas' role in January 6.
One issue, though, that I expressed skepticism about last week was Chief Justice Roberts' wife being employed as a legal recruiter. The more I think about it, the more I don't get the uproar. She is a lawyer who left her law job because she did not want the appearance of impropriety. And now she is working as a legal recruiter. She should not have to step away from her job.
Here are two articles saying Jane Roberts' job is a nothingburger (Above the Law and Bloomberg).
Interested in your thoughts.
That's the title of Maureen Dowd's NYT op-ed on the Supreme Court. From the conclusion:
John Roberts cannot accept that these justices are incapable of policing themselves. Despite all the slime around him, he refused to testify before Congress about a court that blithely disdains ethics.
One reason may be, as The Times reported, that the chief justice’s own wife, Jane, has made millions of dollars as a legal recruiter, placing lawyers at firms with business before the Supreme Court.
Even though I’ve been writing since Bush v. Gore that the court is full of hacks and the bloom is off the robes, it is still disorienting to see the murk of this Supreme Court.
Not a trial in the Southern District of Florida but a trial with Southern District of Florida ties. Our own David Markus and Margot Moss obtained a "not guilty" verdict on the charge of lying to the FBI for the former gubernatorial candidate. The jury hung on the other 18 counts, but apparently were 10-2 in favor of acquittal on those. Prosecutors say they'll retry Gillum. Lot of national press coverage on this one.
Good luck to the Heat (Saturday @3:30) and Panthers (Sunday @6:30) this weekend.
I have it from multiple sources that President Biden has cut a deal with Senators Rubio and Scott to nominate Jackie Becerra, Melissa Damian, and David Leibowitz for the 3 open district slots. Three great choices. More on this later, but wanted to get this up.
Always.
If you are looking for some legal news, check out this new story from ProPublica about Harlan Crow paying for the private school tuition of a boy that Justice Thomas raised as his son.
1. The 3rd Circuit makes filing deadlines 5pm. I hate this rule. It won't help lawyers and will just move the deadline to a day earlier. Even my kids can upload their papers until 11:59 at night. Here's the rule and the reasons for it.
2. Former Judge Michael Luttig says the Supreme Court really needs an ethics code. Here's the actual statement. From the conclusion:
Whether the Supreme Court is subject to ethical standards of conduct or not is emphatically not a partisan political issue and must not become one. But just as emphatically, the issue of the Court’s ethical standards of conduct does not present a constitutional question, much less one of any constitutional moment. This is not to say that the issue and question of whether the Supreme Court should be bound to ethical standards in its non-judicial conduct and activities is not important. It is unquestionably important. It is even of surpassing importance. But it ought not be thought of as anything more – and certainly nothing less -- than the housekeeping that is necessary to maintain a Republic.
Lest the Congress and the Supreme Court ill serve the nation in the course of attempting to resolve the constitutionally fraught question before them, they should together address the question with the solemnity and wisdom that the question deserves and requires. If they do but this, they will almost assuredly conclude that the answer they seek is the answer they both should want.
3. Gov. DeSantis expands the death penalty... and it looks to be unconstitutional. Via the WaPo:
The measure, which overwhelmingly passed the Florida legislature last month with bipartisan support, gives state prosecutors the option of seeking the death penalty if an adult is found guilty of the sexual battery of a child.
The law will still go into effect even though it is unconstitutional. In 2008, the U.S. Supreme Court issued a 5 to 4 decision that struck down a Louisiana law that allowed a child rapist to be sentenced to death, barring states from executing child sex predators unless they also murdered their victims.
