Gritz,
Just to satisfy you, here is one.
This is regarding former Judge Herring. I know he retired fairly early and the first year anniversary of his retirement will be at the beginning of the coming year. He is the Judge who granted my first attorney’s request to withdraw from his representation of me because of a conflict of interest. The potential conflict of interest that turned into a conflict of interest necessitating the withdrawal had been in existence from the time that I retained this attorney almost two years prior. At the hearing, I told this former Judge that if I had been aware that something could arise that would create a situation where I would be forced to find a new attorney, I would not have retained him or continued with his representation. The judge granted the attorney’s request to withdraw stating, “There is obviously a conflict of interest.”
The Code of Judicial Conduct requires that a Judge take appropriate action when it appears that a Rule Regulating the Florida Bar has been violated by an attorney. This attorney was required to disclose to me that there was a potential conflict and failed to do so. I spent two years following his advice without the knowledge that he could not adequately defend me due to the potential conflict of interest. To my knowledge, this issue was never referred to the Bar for investigation nor was other “appropriate action” taken. I have no doubt that this Judge’s failure to act was but one example of the cronyism that is all to common place in the State and local Jucidicary. Judges expect attorneys to defend their Judgements, support them for reelection, and not run against them, and in turn they do not discipline attorneys who do not comply with Bar rules except under the most extreme and unavoidable circumstances. Political corruption at its finest.
Now, what is your defense for the defendant?

Gritz,
I’ll tell you what. I’ll put one of these together almost every day on this Judge. When finished, I’ll send them in to the Judicial Qualifications Commission with a little editing, and let you know here what their response is. As almost everyone else who complains against a judge in Florida gets, I’m sure I’ll get the following response back or something to this effect:

“The members of the Investigative Panel of the Judicial Qualifications Commission met on (Date)and considered your complaint filed in the above styled matter. After FULL (emphasis added) consideration of the complaint, the commission concluded that the matter does not warrant further proceedings by the commission. Accordingly, the commission has requested I advise you that the complaint has been dismissed and the file closed.”

I do think the Rule of Law has been undermined in the State of Florida in no small part by the power and influence of the Good ol Boy network to include the Florida Bar. Consider a few thoughts on the concept of the Rule of Law expressed by Lord Bingham of Cornhill in a speech to the Sir David Williams Lecture in the Law Faculty of Cambridge University on November 16, 2006. I would argue that these concepts should be applied to ethical requirements as well.
1.  “The law must be accessible and so far as possible intelligible, clear and predictable.” Now, think about the Canons of Judicial Conduct for Judges in Florida, specifically the Canon regarding the disciplinary action required of State Judges as discussed earlier in this thread, and the ambiguious language contained therein. Does this comply with this rule? Who benefits from the lack of “intelligible, clear, and predictable language” contained therein?
2. “Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion .” Unfortunately, Judges in Florida are given much discreation particularly Family Court Judges which gives them great latitude to show favoritism or otherwise have their Judgements dictated by personal biases.
3. Add to number two above, his thought that, “Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.” When you consider the influence of the “Good ol Boy’s” over Judicial decisions at the local level and the discreation afforded to Florida Judges, and then factor in the cost of and time required for an appeal, I think it is clear that Florida begins to fail to meet the test of a system that is governed by the Rule of Law.

I personally believe that when it comes the powers of State Judges and Lawyers, that Florida residents would be better served by a system of “Rule by Law”, as opposed to “Rule of Law.”

I’ll discuss more of what I consider to be unethical conduct in my case by former Judge Ronald Herring later today.

well at least we are getting to actual examples of what you are talking about.  I still have my doubts about how the “good ol boy network” affects our court system.  Politics affect every area of our lives to a certain degree.  This is true for hamburger flippers and auto mechanics as well as judges.  Sadly, it usually comes down to who you know instead of who you are.

I believe you have not yet proven corruption though.  I assume that you are going to post more examples on which the readers of this thread may make their own conclusions.  If I may, I would suggest that you clearly seperate your opinion from the actual facts themselves.  After reading many of your posts, I am fully aware of your opinion.  I am not discounting your opinion but rather trying to illuminate the truth for what it is.

I’ll post more in the next few days when I have a break as I’ve been very busy. However, I will never be able to prove it to everyone’s satisfaction as I’ve read that cronyism is very difficult to prove. As we all recall, the prosecution failed to prove O.J. Simpson’s guilt to a jury, but almost everyone would agree that he did it. Thanks.

gritshifter - 11 December 2007 05:49 PM

well at least we are getting to actual examples of what you are talking about. I still have my doubts about how the “good ol boy network” affects our court system. Politics affect every area of our lives to a certain degree. This is true for hamburger flippers and auto mechanics as well as judges. Sadly, it usually comes down to who you know instead of who you are.

I believe you have not yet proven corruption though. I assume that you are going to post more examples on which the readers of this thread may make their own conclusions. If I may, I would suggest that you clearly seperate your opinion from the actual facts themselves. After reading many of your posts, I am fully aware of your opinion. I am not discounting your opinion but rather trying to illuminate the truth for what it is.

Gritz,
It seems pointless to discuss my former case here because I really do not have any legal options. I will exercise visitation with my children when I am allowed to do so by my former wife and her husband which at this point seems to be not at all. I do not believe there is anything I can do about that as parental visitation is insignificant in light of the abuse and neglect that has been “swept under the rug” by the Court. “Swept under the rug” for one reason, the Court is the one that put them in the abusive situation to begin with, and the last thing the Court is going to do is acknowledge its poor judgement and accept responsibility for its actions.
Allow me to digress momentarily. I suspect this is why the legal profession in Florida is so resistant to guaranteeing children a right to legal counsel in abuse and neglect situations as several other States do. Judges do not want to accept responsibility for their actions and attorneys acting on behalf of children in Florida could potentially bring their poor judgements to light.
In response to your comment, please consider the following thoughts. You acknowledge that everyone from “hamburger flippers” to “auto mechanics” to “Judges” are influenced by politics. This may be true, but politics does not affect the quality of the product or service for either the “hamburger flipper” or the “auto mechanic,” but my argument is that it does affect decisions made by the Court. Thus, it does affect the output of the Judicial System, and does so in a negative manner, undermining the “Rule of Law.”
There are two more concerns that I have regarding Judge Ronald Herring, neither of which are newsworthy and I’ll do so next. Then maybe I’ll talk about the quality of representation (or lack thereof) I received from Andrew Jackson and acknowledge that perhaps I should have taken some unsolicited advice and gotten myself a “real lawyer” and not a politician to represent me in Court when my children most needed the Court’s intervention.

I think I’ve said enough here. Without contested elections for State Judges or an effective disciplinary system for Judges or lawyers in Florida, there really is nothing that I or anyone else who is dissatisfied with the Judicial Branch of Florida Government can do to change the system. Thank you to those who have considered my research and opinions, and thank you to the Highlands Today for allowing me to express my dissatisfaction. Peace Out.
tstarkey

Here is another example of the corrupt State Judiciary circumventing the proper democratic judicial election process in Florida and it’s being done right here in the 10th Judicial Circuit. We have an election coming up this year and Judges across the State will be up for reelection (admittedly most will be unopposed so their names will not appear on the ballot) but we’re not going to get to select who will fill the following seats because the Judiciary is going to select them for us. The memo is self-explanatory.

APPLICATIONS SOUGHT FOR TWO CIRCUIT JUDGE POSITIONS

FOR IMMEDIATE RELEASE
February 7, 2008
CONTACT: Deborah L. Oates, chair, Tenth Circuit Judicial Nominating Commission,
The Florida Bar
TELEPHONE: (863) 534-4907

The 10th Circuit Judicial Nominating Commission announces two vacancies in the circuit court of the 10th Judicial Circuit created by resignations of Circuit Judge Ralph Artigliere effective April 1, and Circuit Judge Susan Roberts, effective March 31. The 10th Judicial Circuit encompasses Hardee, Highlands and Polk counties. Applicants for these judgeships must have been members of The Florida Bar for the preceding five years, must be registered to vote in Florida and must reside in the 10th Judicial Circuit at the time of being sworn into office.

Application forms are available from the JNC chair at the address below:

Deborah L. Oates
Office of the State Attorney
255 N. Broadway
Bartow, FL 33830.

Application forms also are available on The Florida Bar Web site, http://www.flabar.org. The original and nine copies of completed applications must be delivered to the commission chair at the address above no later than 4 p.m. Monday, March 3. The commission’s interview of the applicants is scheduled for mid-March 2008 in Bartow.

Any applicant who has submitted an application within the past 60 days may, in lieu of a new application, submit a letter requesting the previous application be considered. This letter should also state that there are no changes to the application.

A list of members of the 10th Circuit JNC is available from The Florida Bar Web site or Deborah Oates.

I found another example of a Judicial “appointment” rather than an election in the 10th Judicial Circuit in 2008 which I could copy and paste. Instead, suffice it to say that this in the norm for filling vacancies in the 10th Judicial Circuit specifically and for the State Judiciary in general. Perhaps contested Judicial Elections in Florida should be put on the endangered species list.

However, my point now is to post and later discuss the contents of the following article regarding Judge Durrance, specifically, and the 10th Judicial Circuit in general. I have had personal experience with this Judge but due to my desire and my children’s desire to have their mother allow visitation, I’m not going to talk about my case. In refraining from further personal comment, I’m hopeful that my children and I can at least follow the non-local visitation schedule provided for. But, as many know, the Court doesn’t put mothers in jail for failure to take children to the airport so they can see their fathers.

Here is the article, and the opinions and facts contained therein are from a legitimate source. Guess there are some Judges at the appellate level who may be worthy of being called “honorable.” I’ve found very few at the County and Circuit level thus far.

http://randazza.wordpress.com/2007/09/14/fleeting-expletive-179-days-in-jail/

The following is a good reference to the Constitution of the State of Florida:

http://en.wikisource.org/wiki/Constitution_of_the_State_of_Florida/1968#Section_10:_Retention.3B_election_and_t

Sections 10, 11, and 12 refer to retention, elections, terms, vacancies, and discipline for State Judges at all levels in Florida.

The article above regarding Judge Durrance and the 10th Judicial Circuit provides but one example of what Thomas Jefferson was referring to in 1823 when he wrote:

“At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed us in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping little and little, the foundations of the Constitution, before anyone perceived that invisible and helpless worm had been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.”

Many would agree that Judge Durrance demonstrated an unfitness for the position of being a State Judge when he violated this individual’s constitutional rights and ordered his incarceration for 179 days. However, Judge Durrance will not be subjected to discipline for depriving this man of his rights as the State Judiciary is self-regulated. Furthermore, Judge Durrance does not have to be concerned about losing his position of power or his six-figure government salary when his term ends as he will not face a challenger for his Judicial Seat. Clearly, he can never expect to be promoted to an appellate position as his judgement makes him unworthy of consideration. Therefore, citizens in the 10th Judicial Circuit are stuck with him until he voluntarily retires. Where is the democracy in that?

Here is a memo put out by the Florida Bar which is worthy of comment.

NOMINEES FOR 10th JUDICIAL CIRCUIT VACANCY ANNOUNCED

FOR IMMEDIATE RELEASE
February 18, 2008
CONTACT: Deborah L. Oates, chair, Tenth Circuit Judicial Nominating Commission,
The Florida Bar
TELEPHONE: (863)534-4907;

On Feb. 18, the 10th Circuit Judicial Nominating Commission interviewed eighteen applicants for a circuit court judicial position.

The commission, which was created under the Constitution of the state of Florida, nominates attorneys to fill vacant judicial seats which cannot be timely filled by election, and certifies them to Gov. Charlie Crist, who then has 60 days from the date of certification to appoint one of the nominees to the position.

The following applicants were nominated by the commission:

Mark H. Hofstad
Michael E. Raiden
Ryan Christopher Rodems
Keith P. Spoto

At least eighteen applicants submitted the necessary paperwork and interviewed with the Judicial Nominating Commission requesting to be nominated for appointment by Governor Crist to a position as Circuit Court Judge in the 10th Judicial Circuit.  For those who doubt that there is an unwritten rule which basically says that incumbent Judges are by and large not to be challenged for their seats, please explain why such a large number of lawyers would seek appointment to a circuit judge position but none would challenge the incumbents in the general election. It is clear that this unwritten rule is being followed and this concerted effort undermines the Constitutional mandate that County and Circuit Court Judges be subject to reelection.

Here is a colorful website for anyone interested in local issues that frequently go unreported. I admit it has somewhat of a supermarket tabloid aura but even in these tabloids there frequently is some truth to be found.

http://www.polkcountycorruption.com/index.htm

I had every intention of not discussing my personal circumstances any more in this forum as I had hoped that by not doing so my children and I would be able to exercise the nonlocal visitation schedule which was provided for in our original Final Order of Dissolution of Marriage. However, I learned this evening that my former wife and her husband are going to disregard the Order and not allow further visitation until our children are 18 years old and free to choose themselves. So, there will be at least two vacant seats on Southwest Airlines tomorrow and again for their return trip following Spring Break. Since I have scheduled off work next week for their visit, it looks like I will have alot of time on my hands to write here about much more of my experiences with the Highlands County Family Court, its’ “Officers” and the Judges.

I will probably make my comments to the Family Court thread as I want to keep this thread for observations and comments about the State Judicial System in general. I think I’ll use my “pen name” to maintain an appearance of anonymity. For the few who choose to suffer through reading my writing on this subject, in addition to the previous encounters I have discussed regarding Judge Herring, Anthony Accorsi, Alison Copley, and Commissioner Andrew Jackson, you may see discussions regarding my encounters with the following individuals and entities:

Judge Yancey
Judge Hunter
Judge Shinholser
Judge Durrance
Judge Brown
DCF
State Attorney’s Office
Department of Revenue
Children’s Advocacy Center

The issues to be discussed are all of a similar nature to what I have previously mentioned here and in the other thread. In a couple of instances, I will provide excerpted Court transcripts for documentation.