David Markus is stalking me

On Wednesday, I ascended the bench in the customary manner, that is, both literally and figuratively. It was magic for everyone in the courtroom, of that I am sure. It was a criminal case involving a series of serious supervised release violations.

I had not been the courtroom for about a month due to technical difficulties with my blood. Anyway, I put on my robe and the CRD came to get me. I walked up the back stairs, checked to make sure that no one could see my tennis shoes below my robes, opened the door, and all rose. As I said, it must have been magical for them.

David J. from Broward Boulevard in Fort Lauderdale, FL represented the defendant.  After he entered his appearance, the first thing David J. said was, “David Markus says hello.”  I replied “tell him ‘hello’ back.”

David J. did a wonderful job for this client. Despite the early recommendation from probation that I max out the defendant, the defendant escaped prison entirely after making a big effort to reform. Underlying state criminal charges were dismissed. The probation officer was so impressed with the defendant’s reformation that she issued a second recommendation that effectively meant no prison time.

I had a little gentle fun with the defendant. While taking his admission, I asked whether he was sure he wanted to proceed “with a Fort Lauderdale lawyer.” He grinned, and said: “Yes.”  David J. had coached him well.

I sure enjoyed Wednesday despite the fact that David Markus stalked me. By the way, his blog on the goings on in federal court in Miami and the surroundings is, I am told, required reading for federal practitioners down there where judges can be mistaken for gators.


I am going to be serious for a moment.

The notion that we lawyers are all brothers and sisters before the bar is NOT old-fashioned. The prosecutor, Mick, in the case described above, is a great guy and great lawyer. Mick used to be a police officer. He has some great stories about walking a beat. He took my rejection of his Guideline sentence request with good nature. That did not surprise me. Mick, like David J., has been around the block.




9 responses

  1. LeBron went to Cleveland and this is the best you can do for Markus? He deserves more. Throw him a bigger bone, please. It costs nothing to be kind to the losers.

  2. Judge:
    As to your picture of the fetching Ms. Estefan, I have but one word to say to you: “Careful!” After all, you wouldn’t want to reignite the “dirty old man” blogging comments (please note that, as I write this, my tongue is very firmly in cheek)?

  3. Judge,

    Funny post! Glad South Florida represented well in your court.

    Don’t hate on Gloria! True story– she had federal jury duty when we were picking a jury in a high profile trial involving police officers charged with civil rights violations. We really wanted her ok the jury but the prosecution struck her. She gave autographs to the other jurors and court staff on the way out.


    David Markus

  4. If by “brothers and sisters” you mean “foot-soldiers” and by “family” you mean “Gambino crime family,” I will stipulate.

  5. David,

    I truly love Gloria’s music. And I miss the Miami Sound Machine sound. But, I’m old. It also sounds like she is a good sport too.

    I agree that David J. made South Florida proud. You, too, are also welcome in the High Plains as are all your colleagues.

    All the best.


  6. Jay,

    It is ok to be cynical. That is my frequent state of mind. It is ok to make fun of lawyers. I do that too. It is ok to critize the lawyers for bad behavior. Me too. But if there is an ounce of seriousness to your generalized comment you are just plain wrong. After more than 40 years, I believe the legal profession is honorable and worthy of respect rather than derision.

    All the best.


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