Three running to become new Broward chief judge as judiciary, reeling from scandals, seeks to restore reputation
3 running to lead Broward judiciary beset by scandals
By Tonya Alanez
South Florida Sun-Sentinel
July 2, 2007
When Broward County's 88 judges cast their secret ballots Tuesday, the candidates say, they will not only be electing their new chief but also launching a return to decorum in the state's second-largest circuit.
The judicial transgressions began with racially insensitive quips from the bench, random and varied over time.
Then February hit. The chief judge issued sarcasm-laced wisecracks during a Sunday-morning session of Magistrate Court. The state's judicial watchdog agency deemed a judge's manner "arrogant, discourteous, and impatient." The national media came to town and captured another judge's weepy, and now infamous, ruling over the burial of a former Playboy centerfold.
Within weeks, another judge was busted in a public park for smoking marijuana.
"No one of us has the right to interfere with the reputation of the institution," said Judge Victor Tobin, one of three circuit judges vying for the top post. "We need to address that and, from my perspective, in a fairly serious and in an adequate and timely way."
In recent months, Broward judges have been making headlines along with the litigants and defendants who come before them.
"I don't think any one of us is happy with how we're perceived in the community," said Judge Paul Backman, a candidate who presides over the repeat-offender court. "The Broward judges, in the minds of the public, the state and the country, seem to be the faces of those we see on TV and read about in the newspapers."
The second candidate, Judge Thomas M. Lynch IV, an administrator in the civil division, agrees.
"Because of recent events, I don't think the public sees us as being hardworking, dedicated public servants," he said. "And the public's perception is their reality."
Judge Mark A. Speiser, who presides over probate court, was a candidate but withdrew on June 19.
Since May 1, four judges, Chief Judge Dale Ross among them, have resigned from their administrative positions. Two others have left the bench altogether. Larry Seidlin, the weepy judge, resigned. And Lawrence Korda, the pot-smoking judge, retired.
"This is happening in a very unprecedented sort of way to have this very public meltdown of our courthouse," said Bob Jarvis, a professor of legal ethics at Nova Southeastern University. "The public perception is that there's been a lot of drift and you need somebody else to come in and set things right."
Enter the three candidates.
All say they will build consensus, promote efficiency and effectiveness and restore dignity to the bench. Recent problems with judges are the exception, not the norm, they say.
Ross will shepherd the chief judge-elect through a transition period until Sept. 4. Then he'll move on to probate court.
Ross, 60, began his first two-year term as chief on Feb. 2, 1991. He was re-elected an unprecedented eight times to what he has termed a "thankless" job overseeing courthouse operations.
"If I bought every one of my judges a Cadillac, they'd be mad at me because I didn't buy them a Mercedes," he said.
The latest dust-up is over the fairest manner to conduct Tuesday's election. In the event of a tie, Ross is calling for a runoff election. The rules that govern chief-judge elections make no such provision, prompting requests for Ross to seek an advisory opinion from Florida's Chief Justice R. Fred Lewis.
As of Friday evening, Lewis' office could not confirm such a request. And one Fort Lauderdale attorney sent Lewis a June 28 letter asking for "an independent monitor to oversee the election process."
The administrative post comes with no ability to hire or fire judges. It pays the same annual salary as any other circuit judge: $145,080. The chief's primary power is choosing which judges get assigned to which divisions. It can be wielded as punishment or reward.
Ross bristles at criticism of his leadership: "One person doesn't get elected nine times as chief judge by doing things wrong."
Although Ross acknowledged the recent spate of "controversy and turmoil," he added,"There's nothing I could have done or said that would have prevented the events."
But mediation and being proactive, the candidates say, may have sufficed.
Inaction causes problems to fester, Backman said. It's the chief's responsibility to promptly investigate and determine the validity of complaints and "when necessary have a heart-to-heart discussion with the judge in question."
Lynch said the chief cannot prevent judges from saying and doing "inappropriate things" but can "lead by example." Evoking the words of former Florida Justice Gerald Kogan, Lynch said, "If there's a judge that's problematic, the only thing the chief judge can do is assign the judge to a division that he or she may not like."
Tobin thinks a combination of stern, reasonable demands and "peer pressure" ought to bring judges in line.
"[The chief can] talk to someone in a reasonable tone and a reasonable fashion and ask them to do things in a reasonable way," Tobin said.
"And you have peer pressure. We didn't have any interventions. It would be a great idea though, an intervention of your peers."
Tonya Alanez can be reached at tealanez@sun-sentinel.com or 954-356-4542.
Copyright © 2007, South Florida Sun-Sentinel
Sun-Sentinel COMMENTS http://www.topix.net/forum/source/south-florida-sun-sentinel/TBRFGPJNTC7D3OQ9H
Down to the wire and still Ross is trying to manipulate the election. The rules are clear; No clear majority and it's decided by Chief Justice Lewis. Let it go Dale, and allow the chips to fall where they may. You're are not doing anyone any favors, least of all your daughter with your continued behavior.
What a shock none of them is really going to do anything new, all want to simply let the Judges poice themselves. Backman will investigate complaints (how hard to be seen) and have a hear to heart. Tobin will rely on peer pressure. Maybe he will show that old After School Special on Peer Pressure or bring in Fonzie, Richie and the gang from Arnolds to talk about peer pressure.
Meet the New Boss same as the Old Boss.
I agree with the above. Jeff laid out in his article a good analysis of what happens if there is no majority.
Ross bristles at criticism. That tells the whole story. That's why this place is a mess. It's all about Ross and his friends and family, not the community.
No one gets elected without doing a good job? How about fear and retribution bully boy?
Maybe under Tobin, the judges will lose any fear that comes with standing up and doing the right thing when called for. Sounds like Tobin is on the right track.
roid rage is what their afraid of
"Lynch said the chief cannot prevent judges from saying and doing "inappropriate things" but can "lead by example." Evoking the words of former Florida Justice Gerald Kogan, Lynch said, "If there's a judge that's problematic, the only thing the chief judge can do is assign the judge to a division that he or she may not like."
at least Lynch seems to admit it. i think he's saying if you don't support administration, you will get banished. isn't that how Ross did it for so long?
Or maybe the opposite, they were all happy with the system (good or bad). Look at it now, there is really only one Judge that is unhappy where they are placed. That is why the candidate who proposes rotation cant win.
Over under on Tobin's votes (3) Himslef, Damoorgian and Tudor. See ya at the runoff on the 17th
I sure would like to have a solid definition of Lynch's use of the word problematic. I would bet that it also includes not agreeing with the management?
The judges want a change from those of them that have brought disgrace to the position. Tobin may be the change they decide on. He's the only non-political outsider that comes into the role as chief judge with no baggage at all. Hope springs eternal for those of us that want a return to some sanity on the benches of Broward. It would be a bright new beginning for all of them if they do the right thing for a change. We'll see where integrity and personal responsibility comes in tomorrow.
Remember when Kate Kearney was in county court and she voiced her support for Herb Moriarity as chief judge. It wasnt to long after that which she found herself transferred from the main courthouse to the north satellite. I think she was living in hollywood at the time. Once she was promoted to circuit by chiles, she found herself in dependency court. I hope she is doing well, last time I heard, she was teaching in north florida.
Considering how much Kearney screwed up DCF, Dale saw she was incompetent and put her where she could do the least damage. Smart move on that one, too bad Gov Chiles didnt figure it out sooner.
Did she make any mistakes while she was a judge?
You can bet reason is the one faculty that will remain in question throughout the election process. A complete departure from business as usual in our judiciary is the answer to the many problems seen on the bench in Broward.
The mentality of the old bullyboy way of running our judiciary should be recognized in having created these problems in the first place. A break from the Ross way of administration is what's needed.
A really good article, Ms. Alanez. If we had more good journalists like you and others paying closer attention to what is going on within the judiciary, maybe we wouldn't find the kind of abuses we are witnessing almost daily. When Ross states "you don't get elected nine times as chief judge by doing things wrong"; As we have seen, he couldn't be more wrong. We need judges who act independently and are not afraid to express their views on things concerning our courthouse, not judges whose opinions are repeatedly suppressed by fears of retaliation if they don't agree with the top dog! Ask around and you'll find that's exactly what's been going on around here. We have great judges who shy away from the politics of judicial administration precisely for that reason. cc: South Florida Sun Sentinel
Kelly Kramer has done an equally great job with THE NEW TIMES
Maybe it hasn't been the Chief Judge steering the judicial ship after all. Ever thought of that?
So who would it have been, Lynch and Spechler?
I say it was Judge Gold in the library with a candlestick
what kind of grub are the golds serving up at the reconciliation hoedown?
Sounds more like a reconciliation wake to me. They'll all be wearing black and whaling about recent events within the judiciary. Is Korda going to be there handing out the door prizes? Or Greene celebrating his most recent no P.C.? Or Ross whining about why it is he had to step down in the first place? Or will no one show? It may be a party with no quests in attendance!