VICTOR TOBIN MEMORANDUM CALLS ON DALE ROSS FOR FAIR AND OPEN ELECTION PROCEDURES
C: All Circuit and County Court Judges
Carol Lee Ortman, Court Administrator
From: Victor Tobin, Circuit Judge
Re: Chief Judge Election - Procedure and Absentee Ballots
Date: June 1, 2007
I do not want to appear obstreperous or divisive; however, after the administrative judges’ meeting on June 1, 2007, I must concentrate my efforts speaking and writing in an attempt to convince you, the Chief Judge, to organize an election that comports with principles of fairness. In short, I object to the election procedures that you have instituted for the election of chief judge and call for you to adopt the plan announced by Judge Robert Carney ("The Carney Plan") at the administrative judges’ meeting on June 1, 2007. Moreover, a number of our colleagues have expressed concern that procedures you have instituted will deny the judges of this circuit a full and fair opportunity to select the candidate of their choice.
By way of background, Tuesday, May 29, 2007, I wrote to you requesting that you outline the procedures you intended to implement for the election. You did not respond to that request. At the administrative judges’ meeting on June 1, 2007, you announced the following procedures for the election:
a. Election date scheduled for July 3, 2007 at 8:30 a.m.;
b. Hold nominations on July 3, 2007 at 8:30 a.m.;
c. Hold the run-off election on July 3, 2007 after the regular election; and
d. Permit absentee voting.
Scheduling the election on July 3, 2007 will ensure a lower turnout. Moreover, the 8:30 a.m. timeframe also makes it difficult for judges to attend because many judges start their dockets at that time. It has been suggested, and I agree, that the election should take place on a Friday at or near Noon.
It is illogical to call for nominations on the same day as the election. How could you possibly know whose names were to appear on the absentee ballots if nominations had not and will not take place until July 3, 2007? What if someone who has not previously announced is nominated on election day? Those voting by absentee ballot will not have the opportunity to vote for that person. Holding nominations on election day will disenfranchise judges who want to vote by absentee ballot. If nominations do not take place until election day, whose names will be on the absentee ballot?
You did not announce a plan for any run-off election. With four candidates, there is a substantial likelihood of a run-off since the rules require that a candidate must receive a majority vote of the judges in the circuit. What are the run-off procedures? What criteria will be used to determine who will be in the run-off? When will the run-off take place? Certainly, the run-off should not be on the same day as the general election as I heard suggested at the administrative meeting. This will preclude absentee voters from voting in the run-off.
I agree that The Carney Plan which is fair and provides for the highest level of voter participation. The Carney Plan calls for holding a nomination meeting at least a week or two before the election. At the meeting, candidates should be nominated and given the opportunity to make a brief presentation without interruption (perhaps 5 minutes) followed by a short question and answer period. Absentee ballots should be prepared after the nominations. Absentee voting can occur before the election. These procedures can be implemented by July 3, 2007, if you ultimately decide on that date, since it is your choice to set the date of the election. By way of example, the nomination meeting can take place on Friday, June 15, 2007 at 12:30 p.m. Thereafter, absentee ballots with the names of those nominated can be prepared and made available for distribution by June 18, 2007 and returned to the Court Administrator by July 3, 2007. Judges should have confidence in our election process.
Finally, during the administrative judges’ meeting last Friday it was suggested bu one of the other candidates in attendance that holding a nomination meeting in the manner called for in The Carney Plan would ultimately digress to something other than a dignified discussion of the candidates’ qualifications and the issues. I reject such a suggestion. I believe in this institution and our colleagues. Our judiciary deserves to be fully informed and given the opportunity to select the candidate of their choice.
Passion and democracy, this institution, and the people with whom I serve should not be mistaken for anger. I will not stand idly by or be silenced. These election procedures are used throughout the United States. The present administration should not resist well-accepted free election principles.
As one of your final, and perhaps most important acts as Chief Judge, I call upon you to adopt The Carney Plan and implement the procedures outlined herein.
Ooops, it is, of course, "The Carney Plan", not the "Carey" plan. My apologies to Judge Tobin and Judge Carney.
Has there been any consideration to making the process open to the public. Not in terms of participation, but simply to observe. This may also help change the tenor of the relationships between attorneys and judges. I can't think of any type of privilege that would apply and it is arguable that as public figures Sunshine Laws would compel open attendence.
why would he appear "obstreperous or divisive" why is he concerned his actions will be "mistaken for anger"?
why are so many people so afraid of Dale Ross? we want and demand the truth!!!!!!!!
Is Dale close friends with Bill Scherer?
Lennon's "Gimme Some Truth":
Im sick and tired of hearing things
From uptight, short-sighted, narrow-minded hypocritics
All I want is the truth
Just gimme some truth
Ive had enough of reading things
By neurotic, psychotic, pig-headed politicians
All I want is the truth
Just gimme some truth
No short-haired, yellow-bellied, son of tricky dicky
Is gonna mother hubbard soft soap me
With just a pocketful of hope
Money for dope
Money for rope
No short-haired, yellow-bellied, son of tricky dicky
Is gonna mother hubbard soft soap me
With just a pocketful of soap
Money for dope
Money for rope
Im sick to death of seeing things
From tight-lipped, condescending, mamas little chauvinists
All I want is the truth
Just gimme some truth now
Ive had enough of watching scenes
Of schizophrenic, ego-centric, paranoiac, prima-donnas
All I want is the truth now
Just gimme some truth
No short-haired, yellow-bellied, son of tricky dicky
Is gonna mother hubbard soft soap me
With just a pocketful of soap
Its money for dope
Money for rope
Ah, Im sick and tired of hearing things
From uptight, short-sighted, narrow-minded hypocrites
All I want is the truth now
Just gimme some truth now
Ive had enough of reading things
By neurotic, psychotic, pig-headed politicians
All I want is the truth now
Just gimme some truth now
All I want is the truth now
Just gimme some truth now
All I want is the truth
Just gimme some truth
All I want is the truth
Just gimme some truth
Way to go Vic!
Does the Chief Judge hold any sway with the County Commission? Can the Chief Judge and his supporters influence where a new courthouse will be built?
Who owns all the land around here?????
Careful now. They SHOT John Lennon.
Great memo from Judge Tobin. This election will have an impact on hundreds of lawyers and thousands of our clients within the next two years (Tobin's term limits)
Let's have a little democracy for a change.
i just hope we can get to the point where the judges are cold neutral referees and put the law mixed with wisdom and common sense. tired of the innocent getting hurt and the guilty go on their way. even i get tired of stepping forward to do the right thing just to have judges kick me in the balls. u step forward and show them the drug abuse and the child abuse and even husband beating, they don't care they just want u to go away so they can get their next blow job
Very clear and concise position taken by Judge Tobin. Isn't Judge Tobin's position the election be fair and impartial, the same as the role of a judge? Doesn't Judge Tobin present and excellent argument for a proper Chief Judge election? And wouldn't Judge Tobin make an excellent Chief Judge?
You gonna have to pry the chief judgeship from my cold, dead hands....
Only one judge out of all of them that will seek what is honest and true? It says volumes about the judiciary as a whole in this county that he's alone in doing what is right.
THIS CIRCUIT IS IN DIRE SHAPE.
Interesting quote
"I will not stand idly by or be silenced."
Have'nt you sat idly by and silent for all these years? Do we really want someone who only stands up when its easy or convenient?
I once used the term "obstreperous" in your courthouse before one of your judges, and I was threatened with contempt. At least times have changed.
This is a letter from one of the judges seeking to become chief judge, to the sitting chief judge questioning the timing and nature of what seems to be a rigged voting system in our circuit? Where's the media now? Why isn't it all over this?
This administration has no shame.
Of course, the other judges are complicit, year after year, yet they still puff their chests out, parading around, demanding respect.
Educate the community, and vote in judges who care about the community.
Here comes the cavalry .... save us Jim Defede!
The leading object of government is to lift artificial weights from all shoulders to afford all an unfettered start and a fair chance in the race of life.
...........If you once forfeit the confidence of your fellow citizens, you can never regain their respect and esteem. It is true that you may fool all of the people some of the time; you can even fool some of the people all the time; but you can’t fool all of the people all the time.
Who breaks a butterfly on a wheel?
Remember election year 2000, some of Broward's voters were disenfranchised by the hanging chads. Judge Ross' Chief Judge election plan will do just that disenfranchise the Judge who is absent on July 3rd for the vote. Maybe we should call Judge Ross' plan the Hanging Chad Plan instead!
a new low, even for these guys
regardless of my personal views of Ross, etc... what's wrong with a July 3rd vote? isn't the courthouse open? why would anyone from JAAB have a problem with it since they are all for judges working when they are supposed to?
Just more of the same old from the same old.
Judge Tobin for President in '08!
Everyone needs to chill