New generation of judges serving on federal bench in South Florida

For a fleeting moment this fall, U.S. District Judge Robert N. Scola Jr. declared in jest that he wished he were “king of the world.”

If he had such power, Scola said from the bench, he would deny a defense lawyer’s request to travel to Pakistan to question a group of defendants charged in a Miami terrorism case along with two Muslim clerics. Since the missing defendants weren’t present, the judge considered them “fugitives.’’

But the judge let the defense team make the upcoming trip against fierce opposition from prosecutors, because case law allows such extraordinary depositions, he found.

Scola, a former Miami-Dade prosecutor and state circuit court judge, relishes his role as one of three new members on South Florida’s federal bench, which is experiencing a generational sea change as the result of several retirements and presidential appointments.

“I knew I wanted to be a judge when I was 10 years old; my father was a judge in Massachusetts,” Scola said, during a brief December interview wedged between verdicts in the South Beach “bar-girls” trial and the sentencing of a mental-health clinic director convicted of Medicare fraud.

Over the past few years, the federal court in the Southern District of Florida has seen the departure of four judges — Daniel T.K. Hurley, Paul C. Huck, Alan S. Gold and Patricia A. Seitz — who have gone on “senior” status, meaning they handle lighter caseloads. Another federal judge, Adalberto Jordan, was confirmed this year as a member of the 11th U.S. Circuit Court of Appeals in Atlanta.

Those five vacancies, in one of the busiest federal districts for criminal and civil cases in the country, accounted for about one-third of all the positions on the federal bench in South Florida.

The retirements have generated coveted openings that have been filled by Scola, 57; Kathleen M. Williams, 56, a former Miami federal public defender; and Robin S. Rosenbaum, 46, a former Fort Lauderdale federal magistrate judge. Rosenbaum, also a one-time federal prosecutor, was sworn in as a new U.S. district judge Dec. 13.

“It’s pretty obvious that Robin is never going to make a decent living,” 11th Circuit Judge Stanley Marcus, for whom Rosenbaum once clerked, quipped about her public-service career during her investiture in Fort Lauderdale federal court.

But then Marcus struck a more serious note, describing federal district judges as the “crucible of justice” in the U.S. court system. “I have to say, Robin, this is work you were born to do,” he said.

Another recent nominee: Miami-Dade Circuit Judge William L. Thomas, a former assistant public defender in both the state and federal system. Thomas is scheduled for confirmation as a federal judge in 2013. If confirmed, he would become the first openly gay black man appointed to a federal judgeship in the nation.

Michael Caruso, the Miami federal public defender who replaced Williams in August, said the appointment of federal judges is in many ways a “president’s most enduring legacy.”

“All presidents strive to appoint smart, fair and hardworking lawyers,” Caruso said, commenting on the four nominated by President Barack Obama in South Florida. “President Obama, in addition to choosing women and men who share these traits, has chosen those who’ve been trial lawyers in the criminal justice system and who have devoted a significant portion of their career to public service.”

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First photos of BlackBerry 10 ‘N-Series’ QWERTY smartphone leak

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Two pet pooches pilfered

Two adorable dogs were stolen from their masters in separate incidents — with one still missing, leaving his 7-year-old owner heartbroken for Christmas.

Marley (pictured), little Mia Bendrat’s Cavalier King Charles spaniel, was stolen from in front of a Washington Heights grocery store yesterday morning.

“He’s the Grinch that stole Christmas,” Mia said of the coldhearted thief who swiped Marley, which was tied to a pole in front of La Rosa Fine Foods on Broadway.

“When my mom told me the dog was lost, I started to cry. He’s my only dog,” she said of the pet she got for Christmas two years ago from her grandmother.

Mia, and her mother, Angie Estrade, put up 150 fliers around their neighborhood in hopes of finding Marley.

“Who would do this on Christmas Eve?” Estrada fumed.

In an another puppy pilfering, thieves in a Williamsburg, Brooklyn, home invasion stole a 6-month-old Yorkshire terrier-Maltese, stuffed her in a bag and tossed it down a trash chute, sources said.

The dog was later rescued after the super heard her barking.

“Getting the dog back was a Christmas gift,’’ said her relieved owner, who asked that his name not be printed.

The 22-year-old man said two masked men, armed with pistols and a hammer, knocked on his door and forced their way into his home at around 3:10 a.m. Dec. 15.

Jennett Leandre, 23, was arrested and charged with assault, robbery, burglary and menacing.

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Miami: We’re still busiest cruise port

Florida’s ports are steaming bow-to-bow in the race to be the world’s businest cruise ship port.

Though some publications have reported Port Canaveral in the lead with 3,761,056 million for its fiscal year ending Sept. 30, PortMiami officials Monday said they had hosted 3,774,452 passengers during the same period, putting it slightly ahead. Fort Lauderdale’s PortEverglades reported 3,689,000 passengers for the period, putting it slightly behind the others in third place.

“We’re all very close,’’ said Paula Musto, PortMiami spokeswoman.

PortMiami has slipped below its previous high of 4 million plus passengers because of changing ship deployments, she said. That number is expected to again cruise past 4 million in 2013 as several new ships homeport in Miami.

Jane Wooldridge

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Police: 16-year-old shot and killed while riding bicycle in Miami

A 16-year-old boy was shot and killed while riding his bicycle in Miami over the weekend, and on Monday his family will ask for help finding the killer.

Bryan Herrera was riding his bike Saturday afternoon, going to a friend’s house, when he was shot, according to Miami police. He was struck once, near Northwest 11th Avenue and 39th Street in Allapattah, police said.

Officers found him a few minutes after 11 a.m., after receiving a call to 911 saying a person had been shot and appeared to be lifeless on the ground.

Bryan was taken to Jackson Memorial Hospital’s Ryder Trauma Center, police said, where he died. Sunday night, police said they had very little information describing the shooter.

Bryan’s family is scheduled to speak to reporters Monday at Miami police headquarters.

Investigators asked anyone with information to call Miami-Dade County Crime Stoppers, anonymously, at 305-471-8477.

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Saudi website editor could face death for apostasy-rights group

RIYADH (Reuters) – The editor of a Saudi Arabian website could be sentenced to death after a judge cited him for apostasy and moved his case to a higher court, the monitoring group Human Rights Watch said on Saturday.

Raif Badawi, who started the Free Saudi Liberals website to discuss the role of religion in Saudi Arabia, was arrested in June, Human Rights Watch said.

Badawi had initially been charged with the less serious offence of insulting Islam through electronic channels, but at a December 17 hearing a judge referred him to a more senior court and recommended he be tried for apostasy, the monitoring group said.

Apostasy, the act of changing religious affiliation, carries an automatic death sentence in Saudi Arabia, along with crimes including blasphemy.

Badawi’s website included articles that were critical of senior religious figures, the monitoring group said.

A spokesman for Saudi Arabia’s Justice Ministry was not available to comment.

The world’s top oil exporter follows the strict Wahhabi school of Islam and applies Islamic law, or sharia.

Judges base their decisions on their own interpretation of religious law rather than on a written legal code or on precedent.

King Abdullah, Saudi Arabia’s ruler, has pushed for reforms to the legal system, including improved training for judges and the introduction of precedent to standardize verdicts and make courts more transparent.

However, Saudi lawyers say that conservatives in the Justice Ministry and the judiciary have resisted implementing many of the changes that he announced in 2007. (Reporting By Angus McDowall; Editing by Kevin Liffey)

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Bethenny Frankel Separates From Husband of 2 Years

After two years of marriage, TV personality Bethenny Frankel and husband Jason Hoppy are separating.

"'It brings me great sadness to say that Jason and I are separating. This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family. We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us," the former Real Housewives of New York City star's rep said in a statement.

Frankel, 42, also tweeted: "I am heartbroken. I am sad. We will work through this as a family."

In 2010, the couple were married and had their daughter, Bryn. Frankel and Hoppy's relationship was then documented in two reality TV shows, Bethenny Getting Married? and Bethenny Ever After...

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Afghan policewoman kills US adviser: police

KABUL, Afghanistan — An Afghan policewoman shot and killed an American adviser outside the police headquarters in Kabul on Monday, the latest in a rising tide of insider attacks by Afghans against their foreign allies, senior Afghan officials said.

The woman, identified as Afghan police Sgt. Nargas, had entered a strategic compound in the heart of the capital and shot the adviser with a pistol as he came out of a small shop with articles he had just bought, Kabul Governor Abdul Jabar Taqwa told The Associated Press.

The woman was taken into Afghan custody shortly after the attack.

Earlier, she had asked bystanders where the governor's office was located, the governor said. As many Afghans, the policewoman uses only one name.

A NATO command spokesman, U.S. Air Force Lt. Col. Lester T. Carroll, said the woman was arrested after the incident. The slain adviser was a contractor whose identity wasn't immediately released.

The attack occurred outside the police headquarters in a walled, highly secure compound which also houses the governor's office, courts and a prison. Kabul Deputy Police Chief Mohammad Daoud Amin said an investigation was under way.

He said Nargas, a mother of four, had worked with a human rights department of the police for two years and had earlier been a refugee in Pakistan and Iran. She could enter the compound armed because as a police officer she was licensed to carry a pistol, the police official said. Amin did not know whether the killer and victim were acquainted.

"We can confirm that a civilian police adviser was shot and killed this morning by a suspected member of the Afghan uniformed police. The suspected shooter is in Afghan custody," Carroll said.

Canadian Brig. Gen. John C. Madower, a command spokesman in Kabul, called the incident "a very sad occasion" and said his "prayers are with the loved ones of the deceased."

The killing came just hours after an Afghan policeman shot five of his colleagues at a checkpoint in northern Afghanistan late Monday. The attacker then stole his colleague's weapons and fled to join the Taliban, said deputy provincial governor in Jawzjan province, Faqir Mohammad Jawzjani.

More than 60 international allies, including troops and civilian advisers, have been killed by Afghan soldiers or police this year, and a number of other insider attacks as they are known are still under investigations. NATO forces, due to mostly withdraw from the country by 2014, have speeded up efforts to train and advise Afghan military and police units before the pullout.

The surge in insider attacks is throwing doubt on the capability of the Afghan security forces to take over from international troops and has further undermined public support for the 11-year war in NATO countries.

It has also stoked suspicion among some NATO units of their Afghan counterparts, although others enjoy close working relations with Afghan military and police.

As such attacks mounted this year, U.S. officials in Kabul and Washington insisted they were "isolated incidents" and withheld details. An AP investigation earlier this month showed that at least 63 coalition troops — mostly Americans — had been killed and more than 85 wounded in at least 46 insider attacks. That's an average of nearly one attack a week. In 2011, 21 insider attacks killed 35 coalition troops.

There have also been incidents of Taliban and other militants dressing in Afghan army and police uniforms to infiltrate NATO installations and attack foreigners.

In February, two U.S. soldiers — Lt. Col. John D. Loftis and Maj. Robert J. Marchanti, died from wounds received during an attack by an Afghan policeman at the Interior Ministry in Kabul. The incident forced NATO to temporarily pull out their advisers from a number of ministries and police units and revise procedures in dealing with Afghan counterparts.

The latest known insider attack took place Nov. 11 when a British soldier, Capt. Walter Reid Barrie, was killed by an Afghan army soldier during a football match between British and Afghan soldiers in the restive southern province of Helmand.

More than 50 Afghan members of the government's security forces also have died this year in attacks by their own colleagues. Taliban militants claim such attacks reflect a growing popular opposition to both foreign military presence and the Kabul government.

In Sunday's attack, Jawzjani, the provincial official, said the attacker was an Afghan policeman manning a checkpoint in Dirzab District who turned his weapon on five colleagues before fleeing to the militant Islamist group.

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90-year-old real estate baron Jay Kislak is forever young

Real estate baron Jay I. Kislak discovered a Fountain of Youth of sorts that springs from an inquisitive and acquisitive mind.

At 90, Kislak is wheeling and dealing in real estate, and he’s exploring history and art with the fervor of a man generations younger.

The patriarch of The Kislak Organization marked 74 years in real estate this year, 59 spent in Miami.

While he has long since appointed a protégé, Thomas Bartelmo, as president and CEO of the diverse family-owned real-estate businesses, Kislak remains chairman. And he is a regular at the headquarters in Miami Lakes.

That is, when he’s not off to Maine for the summer.

Or busy chairing a blue-ribbon commission named by the U.S. Interior Secretary to orchestrate the 450th anniversary in 2015 of the founding of St. Augustine.

Or jetting off to evaluate a possible acquisition. (Kislak recently looked at the potential for real estate development in North Dakota, booming with shale oil, but decided to pass.)

Kislak’s empire has gone through dramatic changes over the years. He built — and eventually sold — commercial banking, mortgage servicing and insurance firms.

Today, with annual revenue in excess of $28 million, his organization focuses on the commercial brokerage business started by his father, Julius Kislak, in Hoboken, N.J., more than a century ago; on owning a portfolio of apartments and other property (Kislak is on the prowl for more), and on managing funds of property-tax certificates, a niche created by the economic downturn.

Looking out his office window at a bustling interchange recently, Kislak mused: “I remember when they built the Palmetto Expressway and you could drive down it and never see another car.”

“The same thing with I-95: There was hardly any traffic,” said Kislak, a slender man with a signature mustache and a thick Hoboken accent that never faded.

Kislak moved to Miami in 1953 to grow the mortgage business, but his world view hardly dates to 1950s Florida. Already a book lover, he began pulling on a thread of Florida history, soon broadening his interest to the early Americas.

Over the decades, Kislak, bankrolled by a stream of brokerage commissions, mortgage fees and apartment rent, grew into a prominent collector of rare books and maps, manuscripts, artifacts and art to feed his fascination with the pre-Columbian era and the European exploration of America.

His wife Jean Kislak shares his passion for collecting. They met at a party for Andy Warhol; it would be her second marriage, his third. Their quest for art, history and collecting has taken them to all continents, even Antarctica.

“We don’t quit [collecting]. But we are going to quit,” said Jean, a former corporate art director. “Acquisition has always been a part of my life. I don’t know if it’s a sickness.”

In 2004, Kislak gave away much of the treasure. His foundation donated more than 3,000 rare maps, manuscripts, paintings and artifacts to the Library of Congress. The gift, estimated to be worth in excess of $150 million, is housed in the ornate Thomas Jefferson building in an exhibit that bears his name. Kislak also funds fellowships for studies of the collection, part of his diverse efforts over the years to support education. Among other things, his family foundation endowed the Kislak Real Estate Institute at Monmouth University, in West Long Branch, N.J., and has provided key support to a real estate program at Florida State University.

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Gov. Scott working on syllabus for Florida colleges: Less expensive and more practical

TALLAHASSEE --
Gov. Rick Scott went to college with one goal: make money.

He didn’t join a fraternity or become active in student government. He took only the classes he needed for his degree and not a credit more.

Married when he attended community college, he paid for a bachelor’s degree at the University of Missouri-Kansas City with help from the G.I. Bill. And he worked full time in a donut shop he purchased with a friend.

The boy who grew up wanting to be rich knew from the start he wanted to become an attorney.

For Scott, college was a means to an end. Now he wants Florida colleges and universities to have the same razor-sharp focus — rein in tuition costs and create cheaper degrees that can get graduates jobs.

It’s an approach to higher education that has put Scott at odds with educators who argue dollars and cents aren’t the only factors determining the worth of a degree.

But Scott is convinced his ideas are best for the bottom lines of both the state and students.

And he’s got his personal history to prove it.

Cost is cornerstone

As a kid, Scott’s family didn’t have much. He vowed to become an adult who didn’t have to worry about money.

Becoming a lawyer, however, meant earning degrees his family could not afford. So he figured out a way to pay for it himself.

“I think junior college cost $200 a semester and the university cost $255 a semester. ... I could work 40 hours a week and be able to pay for my school,” said Scott, 60.

He spent a couple of years in the Navy as a radar technician, using his spare time to pass correspondence courses that earned credit toward an associate’s degree. That military experience made him eligible for financial aid through the G.I. Bill.

He returned home and attended the University of Missouri-Kansas City to earn a bachelor’s degree in 1975. But he also worked full time running a donut shop and set aside money that, along with his federal financial aid, paid for a law degree from Southern Methodist University in Dallas.

As governor, cost is now the cornerstone of Scott’s higher education policy. He worries that tuition increases are putting college out of reach for working-class families like his.

“My wife and I put ourselves through college. We would not have been able to do it with tuition as high as it is today,” Scott said in a recent weekly radio address. “We must make our colleges more affordable for Florida families.”

He called on universities to halt tuition increases and vetoed a bill last year that would have allowed top-tier schools like the University of Florida and Florida State University to charge whatever they wanted in tuition.

More recently, state colleges have lined up to meet Scott’s challenge to create bachelor’s programs that cost $10,000 or less.

Universities have told Scott they are willing to hold the line on tuition, but only if the state agrees to contribute additional funding.

“I actually believe what Gov. Scott is saying about keeping tuition low is great,” said FSU President Eric Barron. “But that means then that the state has to fund the universities if we’re going to maintain the quality that the citizens in the state of Florida deserve.”

Pushing ‘practical’ degrees

But it’s not just the cost of degrees.

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