Tuesday, December 17, 2013

MARCH

There's a "March" today in support of Judge Will Thomas's nomination to the federal bench. Not really sure where or when, just the why. 

If you think about it, the explosion of the "nuclear option" which did away with senate filibusters  (literally Latin for "blunderbuss nonsense") for judicial nominations (except for the supreme court and Dade Traffic Magistrates) makes the path for Judge Thomas even more difficult. 

When last we checked, Senator Marco Rubio (Consv, Pluto) had not forwarded the blue slip on Thomas's nomination. Rubio can hold on to the blue slip until hell freezes over, or there's no traffic in Hialeah, whichever comes first. With the knowledge that Thomas's nomination cannot be filibustered, which would make his confirmation virtually assured in a democratic controlled senate, the only way Rubio can block Thomas's nomination is to keep that blue slip in his vest pocket.  Absent Seal Team Six confronting Rubio on a secret mission at his compound somewhere in Northern Florida or the mountains of Tora Bora, and liberating the Blue Slip, things look dim for Thomas. 

Unless......







Rumpole's Practice Tip #9: Misdemeanor Speedy Trial:
We're giving you a peak into our playbook and allowing a quick look at our top ten practice tips for 2014. 
When you have an important misdemeanor case, do not send in a NOA. Appear at the arraignment and file the NOA. The reason is that if you mail in the NOA, the clerk cancels the arraignment and immediately sets the case for report, and you lose the time between arrest and arraignment. So don't send in a NOA on misdemeanor cases. (Thanks to the Colonel of County Court for this tip.) 

See You in Court. 

17 comments:

MC Waste Services, Inc said...

the reason there is a march and not a bicycle rally for Thomas is that pedestrians have more rights than cyclists.

Anonymous said...

Everyone should bring tissues to the march in case there is spontaneous crying.

CAPTAIN JUSTICE said...


Rumpole. The "blue slip" is a matter of accepted tradition. It is not even a written rule (like the filibuster 60rule) that was recently changed.

If the Chairmen of the Senate Judiciary Committee Patrick Leahy wants to do it, he can simply schedule Thomas for a vote in the Committee. Now, as your clip alluded to, Leahy needs to make Rubio an offer or a trade on this issue as opposed to the more in your face alternative of simply showing Rubio up, throwing protool out the window and scheduling the vote.

Anonymous said...

Leahy is a strong supporter of blue slips. http://www.newyorker.com/online/blogs/comment/2013/11/blue-slip-battle-senate-obstructionists-secret-weapon.html

As for no traffic in Hialeah - read High Tide on Main Street and you will understand that Hialeah, Miami, South Florida, are on borrowed time - our city will be inundated by the rising sea level and disappear. Very sad.

No fashion sense said...

Rump- Young Asa here. Getting new wardrobe for 2014. Should my suits be vented on the sides or in the back?

friend of KW said...


Dear No Fashion sense:

Have you seen what Horace Rumpole wears? You sir need to be asking that question to the Ralph Lauren of the GJB, the one, the only,

Kenneth Weisman.

Anonymous said...

Rule 3 - always file your Demand for Speedy Trial between 3pm and 4pm on Thursday afternoons. That way the case does not hit the calendar until Monday morning and the demand is already 4 days old.

ex-PD

Anonymous said...

Filing your NOA will not cancel the arraignment. Filing a written plea of not guilty cancels your arraignment. I do this when i think it might be a diversion case, but I dont want my client to have to wait another month for the trial setting.

Anonymous said...

Been using that use of the rules for decades. The Essen and Essen lawyers turned me on to it in the late 80's.

Thank you, Jim Best, Bobby Rieff, Jon Blecher, Mike Cohen, Mike Roffino, Elliot Snyder, Rene Palomino, Vicki Sigler, etc...

The "window" changed much of the advantage, but still useful

Anonymous said...

Elliot snyder?? That dude is a multi millionaire from doing pd bond hearings. Thats a better trick.

Anonymous said...

I think I'm calling the Shumie on Thomas nomination. As tradition dictates, give the fella a cigar and send him on his way, which in this case is civil or juvie.

CAPTAIN JUSTICE said...



Word of the day guys, get to work on this:

Partisan Taunting

Anonymous said...

That is two words not one.

In re Sharpie-
He was well loved but not well known by his friends.

Anonymous said...

Thanks for the tip.

Anonymous said...

Mr. Rumpster,

Please turn off the fucking noise that comes up when you log into the blog. It sounds like party where they boil the guy in the pot.

It is driving me nuts.

Love,

Your loyal fan.

Rumpole said...

Fixed it.

DS said...

For $99.oo I can get a Plaque that states I am one of South Florida's Top Lawyers for 2013.

http://www.masterpieceplaquecompany.com/dp/B00HE62DHQ


LOL
Happy New Year