Thursday, February 18, 2010

CONGRATULATIONS TO OUR NEWEST COUNTY COURT JUDGE LOURDES SIMON!!!!

I just wanted to take the time to congratulate a colleaque and close friend of mine who was appointed yesterday by our govenor to the bench. Lourdes has spent her entire career at the public defenders office helping the less fortunate. As my senior attorney and training attorney I appreciated her upbeat and always positive encouraging attitude. I never ever felt under her thumb while working for her. She gave us guidance, latitude and supervision. A fantastic boss! I remember a time when I wish i was invisible because of a small problem I run into. Lourdes was there for me the whole time keeping me positive and upbeat. I am proud to call her my friend. Congratulations Lourdes, you will make a great judge.

A VICTORY FOR THE LITTLE GUY!

Today my firm got a not guilty in 10 minutes before a very tough judge and stubborn prosecutor in Broward. The trial was on a misdemeanor for a case that should have been PTI but not offered. The case was a must win because a plea to the charge would have subjected him to removal. His case was a weapon related offense which immigration doesn't like very much. Needless to say Priscilla carried the flag for the office and came home victorious. Her cross examination was more like an operation. She skillfully took apart the victim by impeachment through omission and entering some collateral evidence which went to motive and bias.

Good work Priscilla. Way to make team Trevilla shine.

Wednesday, February 17, 2010

Judge in Broward County

Today a person very close to me started picking a jury in Broward in front of a judge who will remain anonymous. So far it hasn't gone very well. Apparently this judge is very angry and upset about something. Why? Why do some judges have such poor judicial temperament? I have been in front of judges you can throw rocks at and wont flinch while others flip out, cut you off and yell at you in front of the jury for attempting to do a thorough voir dire.

I can tell you that as a former public defender who spent most of his career in difficult courtrooms I have learned to really appreciate a jurist with good judicial temperament. A judge who doesn't get angry easily, that allows you to argue within reason, treats lawyers with respect, that makes you look like Roy Black in front of your clients, who may rule against you 9 times out of ten but will always listen and give you a fighting chance. Its your courtroom, everyone knows that but remember its a courtroom not Camp Lejune.

THEY DONT MAKE THEM LIKE THAT ANYMORE! JUDGE MARGOLIS

The other day i had the pleasure of sitting in ABP with Judge Margolis. What a rock star. Yeah i know what some of you will say. He's got long hair, is a bit eccentric and has that look like he is going to throw your ass in jail if you speak out of turn. But who else would have the cojones these days to take a 25 years min man and offer a 366 just because he believed it was the right thing to do??? Some years ago while a public defender i had a young lady who was 17 years old. Her and her boyfriend had gone to Columbia and come back with enough powder to get a her a 25 year min man. Fortunately for the adult boyfriend he was arrested and tried by the feds and ended up with a little jail and probation while my girl was charged in state court because of her age and subject to the mandatory minimum of 25 years. For months I battled with narcotics and the state attorney pit prosecutors, pleading and begging for her not to have to serve the 25 year min man. No success. But one day Judge Margolis fell from the heavens and covered for Judge Dennis. My girl was a great student, I showed her grades, showed pictures of her family, explained how she was set up and lied to by the much older dead beat boyfriend who was serving federal probation and moments later, judge Margolis did the ballsiest thing i have seen any judge do in my 11 years of practice. He went bellow the min man and gave her a year and a day on top of the time she was in on already (she had been in for 9 months already).

They just don't make them like that anymore!