HERALD EDITORIAL "the buck stops with Chief Judge Dale Ross. He must take steps to repair Broward...or make room for a leader who can."

Intemperate judges tarnish justice system

Maybe Gerald Kogan, a former Florida chief justice, is right. Maybe Broward County's judicial bench is just going through ''a rough patch.'' Or maybe the serial missteps by Broward judges is part of an endemic problem -- say a lack of diversity in Broward courts, or insularity in a county where judges rarely face reelection challenges.

In the eyes of the law

Whatever the cause, the buck stops with Chief Judge Dale Ross. He must take steps to repair Broward courts' tarnished image caused by errant judges or make room for a leader who can. The latest gaffe comes from Criminal Administrative Judge Charles Greene. After a jury delivered a not-guilty verdict in an attempted first-degree murder case in April, the judge made a remark that court insiders link to minorities and others considered less than equal in the eyes of the law. The case, which involved a black defendant, black victims and a black witness, is an ''N.H.I.,'' Judge Greene told lawyers.

''N.H.I.'' is shorthand for ''No human involved,'' a phrase from the 1970s used to describe why some crimes against prostitutes and gay and black victims were not pursued as vigorously as those against white victims. On Monday Judge Greene lamely explained that he was describing how the jury regarded a witness' testimony. That doesn't wash, coming from a seasoned criminal-trial judge in a justice system known to have its biases on occasion. Later, seeing the harm this insensitive comment could do to criminal courts' credibility, Judge Greene asked to be reassigned.

Before this incident, there was Circuit Judge Lawrence Korda's request to be reassigned after he was arrested in a public park for allegedly smoking pot. Also, there was Circuit Judge Larry Seidlin's media-inspired melt-down while presiding over proceedings to decide where Anna Nicole Smith's body would be buried. Circuit Judge Cheryl Alemán is fighting misconduct charges for alleged mistreatment of attorneys and defendants. And Judge Ross did himself no favor when he pleaded ignorance last year to the practice of some Broward judges to conceal court cases on secret dockets. The Florida Supreme Court subsequently barred use of secret dockets.

Sarcastic comments

After several Broward judges were accused of making racially and ethnically offensive remarks, Judge Ross last June ordered all judges and magistrates to attend sensitivity training. Some balked, which doesn't reflect well on his authority. Judge Ross took the course, but still made sarcastic comments about Hispanics and rap music at a March hearing. Hello, Broward judges: This is the 21st century in diverse South Florida. If you can't handle these realities with respect and dignity for all, get another job.




© 2007 Miami Herald Media Company. All Rights Reserved.
http://www.miamiherald.com

 

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  • 5/3/2007 7:30 AM Anonymous wrote:
    ROSS needs to resign to bring some dignity back to the Broward Judiciary.
    Like so many other dictators throughout hystory however, he'd rather burn down Borward County and everyone around him than admit his administration of our judiciary has brought us to this point. It was Nero who played the lyre while Rome burned.
  • 5/3/2007 8:11 AM Anonymous wrote:
    Yeah, but where are the good generals who refused Hitler's orders to scorch the earth? Why are our judges still so afraid to stand up to this guy? This guy is bleeding all over the place and we have no judge of true moral fiber to speak out and rescue us? These people are supposed to be leaders yet they place their own needs over the community. I don't get it, there is so much public support now for change and they would be protected if they speak out now, yet no one dares. SHAME SHAME SHAME
  • 5/3/2007 8:26 AM DEEP THROAT wrote:
    Learn all you can about the JNC and the appointment of Stacy Ross. Focus. Follow the money.
  • 5/3/2007 8:48 AM Judge Reinhold wrote:
    I dunno, I think the judges came off pretty good. At least they didn't call them Bubba this time around.
  • 5/3/2007 8:53 AM Anonymous wrote:
    Is this Ross going to dig his heels in so deep he takes his daughter down with him? Is that the situation?
  • 5/3/2007 10:22 AM Anonymous wrote:
    It's about time the Miami Herald picked up on this story. The editorial was RIGHT ON THE MARK.
  • 5/3/2007 1:07 PM sean conway wrote:
    I ask again if anyone knows how our Chief Judge is elected? I know: "by secret ballot", but what I am asking is: will any current or former judges please explain HOW the voting works?

    I mean, it's important to know if it truly is secret? At FSU law school, we had something called B.A.G.S. (Blind Anonymous Grading System) which only had a random number assigned to the exam - only the student knew his/her BAGS number.

    It may be that Broward's "secret ballot" may not be secret enough to let Judges vote with confidence? There has to be some accounting system to prevent over/under voting?

    anyone? Bueller?
  • 5/3/2007 1:34 PM Anonymous wrote:
    No one replied because no one cares whether or not its a secret ballot. You are so "last week", the courthouse community is dealing with bigger more important issue with the Judge Greene matter.
  • 5/3/2007 2:05 PM Anonymous wrote:
    Conway has a point. Are judges protected by a true secret ballot? Is this another way Ross ensures his position?
  • 5/4/2007 7:46 AM Anonymous wrote:
    These offenders of Public Conscience and Propriety need to be removed without delay.
  • 7/14/2007 2:08 PM Anonymous wrote:
    I worked in the Broward County Courthouse for 16 years. I would like to see something about the wonderful judges. The ones no one seems to want to talk about. Yes there are quite a few bad ones and I agree with most of the articles, but there are also quite a few great judges and they should be given some kudos too...not in Broward anymore but still care......
  • 7/14/2007 3:39 PM David Lindsey wrote:
    deep throat u have any info i'll follow up on it. don't expect the media to do research. they won't even follow up on rape allegations against chief judge ross. they have alot of excuses but we all know it gets stopped from up top. after all the bad things in the court house ross is getting no real heat. all i know is i have sat in front of quite a few judges and one in seninole county was the real thing but all the others were corrupt and most of them are now being taken off the bench in orange and broward. there is no doubt in my mind that we are looking at 90 to 95 percent bad judges.
    Subj: Marilyn and Donald Tobkin
    Date: 6/152000 1:22:45 pm eastern daylight time
    From: MByrdT
    To: karniong@gate.net
    Dear Karen : don and I are back into the same bad pattern that we were in before I filed for divorce against him. I was very hopeful and optimistic when you recommended Dr. Clark and then we were ordered to go to counseling with her. I hoped we could try to resolve ourproblems in front of Dr. Clarkso that they did not blow up on us again. Don refuses to go to counseling until the criminal charge is resolved, but at the same time he insists on talking about our problems from his perspective causing me to have to defend myself and resulting in a heated argument and him leaving the house.
    He also says some very offensive things to me that he thinks should not bother me, like today and yesterday calling women “dickless horny broads” and that some women “couldn’t get a dick if one were cut off and given to them on a platter”
    And he keeps bringing up Judge Ross, which he knows could potentially destroy or at least cast a dark cloud over me so that nobody will want to hire me. Why does he do this if he wants me to be employable? I disclosed to Donald in confidence while we were married that judge Ross had sexually harassed me by coming over to my apartment banging on my door for me to let him in and was somehow able to intimidate me into having sex with him on at least 10 ocassions. Ross told me that he had no risk because he had a vasectomy and that if I ever told anyone and it threatened his position, I would only be hurting myself because, he said, “who do u think would believe – me or you?” Ross contacted me several times after I finished law school to remind me to stay quiet. When I was with SAO and doing the Anita Hill controversy, he called to make to make some rude remarks about Anita similar to the dickless remarks I have to hear from don. This morning, Don told me that in his response to the bar grievence he is going to accuse Judge Ross of conspiring with the Miller firm to hurt him. I told him to stop bringing Judge Ross into our problems, because it will only serve to destroy me and will probably hurt him too.
    I asked don if I could go to Dr. clark while I’m waiting for him to join. He said that if I did that, he won’t go to her.
    I want our marriage to work and am very eager to repair our problems, but I don’t know

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