SPECHLER PUTS EARLY RETIREMENT TO GOOD USE
*THE COMPLAINT*
BOB NORMAN'S DAILY PULP
Battle of The Judges: Spechler Sues Tobin
©2008 Village Voice Media All rights reserved
"Former Broward County Judge Jay Spechler, who resigned in April after he was banned from the courthouse by chief judge Victor Tobin, is looking for revenge.
Spechler has filed a defamation suit against Tobin who, according to courthouse sources, was served with papers today. I haven't seen the suit yet, but it was authored by Boca lawyer Robert A. Sweetapple and contains some 80 pages of allegations. Not sure if the damages Spechler is claiming are specified.
There was never any love lost between the two men, especially since Spechler was long aligned with Tobin's controversial predecessor, Dale Ross. Tobin banned Spechler from the courthouse because of a verbal altercation he'd had with Judge Peggy Gehl during which Spechler allegedly ridiculed her sexual orientation. Spechler resigned ... but now he's back in court to toe off against Tobin."
"Can't wait for the depositions in this one."
-Bob Norman
DAILY BUSINESS REVIEW
Former judge files suit against chief judge
“When Judge Spechler decides to retire, he should be able to have a celebration and walk out of the courthouse with his head high -- not exiled by a judge who thinks he has authority he doesn’t have,” (Spechler's attorney) Sweetapple said. “He had to resign in order to have his right to re-enter the courthouse.” ...
The former judge’s lawsuit claims he was humiliated by the instant banishment notice and the decree that he needed permission to return to the main courthouse. He noted he was bombarded by calls from reporters, and a slew of articles came out on his “inglorious exit.” 
“Based on the rapid appearance and inquiries of the media regarding the plaintiff’s banishment and demotion to a nonexistent position, it was obvious that the performance and competency of the plaintiff as a highly commended county judge was being called into question,” the complaint said...
In January, Tobin mistakenly believed Spechler criticized him for the manner in which Tobin investigated a case handled by Circuit Judge Marina Garcia-Wood. The complaint doesn’t mention it, but she jailed a paralyzed woman in December for failing to attend a hearing on a domestic battery complaint. The lawsuit said Spechler attempted to “clear the air” with Tobin, but the chief judge responded, “I am done with you.”
In mid-March, Spechler told Tobin that he was concerned Tobin was concealing potential funding sources for the traffic hearing program based on an e-mail Tobin sent to judges saying the county might pay for the program but asking them to keep it quiet."
MIAMI HERALD
Former judge sues to regain old spot
"Broward Chief Judge Victor Tobin is being sued for defamation and accused of misleading the state Legislature and the County Commission about the cost of a program that handled traffic cases for the county, according to a lawsuit filed Wednesday.
In what amounts to a whistle-blower complaint, ex-Broward Judge Jay Spechler is suing his former boss over a ''bogus'' demotion, and wants his spot back on the bench, according to the civil defamation lawsuit.
Tobin, who in March banned Spechler from the main courthouse and demoted the judge to handle traffic cases, created a hostile work environment and forced Spechler to resign, the lawsuit alleges...
''What has happened to me is pure political retribution,'' Spechler said in an interview Wednesday. ``What's most important to me is my family and my reputation. I want my reputation back. I just plan to fight for what's right.''
Spechler is demanding unspecified monetary damages and reinstatement to his county judgeship, contending his demotion was unconstitutional."
SENTINEL
Demoted Broward judge sues chief judge over banishment
"Spechler "was forced to resign in order to protect his legal rights and maintain his self respect," the lawsuit said, adding that Spechler "suffered the indignity of banishment" and "great humiliation and angst."
In an interview Wednesday, Spechler, who now works as a mediator for the Center for Conflict Resolution in North Miami, said Tobin's actions were "pure political retribution."
Spechler's best friend, Judge Thomas M. Lynch IV, challenged Tobin for the chief judge position in a July 2007 election...
Spechler's ouster and demotion came within days of the Judicial Qualifications Commission notifying Spechler of a complaint against him.
Central to the complaint was Spechler's reputation for bullying his colleagues, including fellow County Judge Peggy Gehl, according to sources with knowledge of the case.
Investigations by the Judicial Qualifications Commission are supposed to remain confidential until the agency files formal charges.
Sweetapple said he and his client are also investigating who may have leaked word to the media of such an investigation.
"Those types of innuendoes and reports are themselves illegal when made by a lawyer or a judge, so we're going to be investigating that as well," Sweetapple said.
Sweetapple said witnesses are being subpoenaed to find out "who was involved in this smear" of Spechler, and if warranted, Gehl could also find herself named in a lawsuit."
Topix: Sentinel Spechler Comments
Sentinel pdf: Spechler's Suit
Another gift to the boring Jaablog courtesy of Broward's finest.
Unbelievable.
Vic is going down just like all the others who listened to Seidman.
Guess that silly little phrase "innocent until proven guilty' should have been used before taking such a unprecedented act. No one has even proved there was an altercation even Gehl has denied it.
Who served Vic with the papers? Arreaza? Ostrow?
Jay filed a 5 count lawsuit against chief judge victor tobin this morning. He will be served with it this morning. It is 12 pages, and 89 paragraphs long. I think Spechler will finally get vindicated.
can't wait for tobin to go after discovery on speckles life
As The Plague of Indiscretion seeps further still into our Hallowed Judiciary, one wonders when any of them just within the most recent two years as Public Officials have had the time to involve themselves in petty perpetuations of vindictive stunts the likes of which Broward's Judiciary is rather widely known.
When you consider the verbal barrage you are to understand ranging from not having enough room in the present courthouse to hear cases because of heavy caseloads and a shortage of judges, to the opposite end of the spectrum; Party Hardy "time" tested feats of indiscretion such as campaigning on company time and stalking party revelers on weekends, you're left with what seems to the casual observer to be a defficit of time.
The list of judicial indiscretions are mounting just taken within the context of this short period of time.
It's anyones guess as to the particulars of the nasty nature of these events, but the implications are clear: There is something very wrong with the way Broward Judges seem to be infatuated with political intrigue as well as themselves, leaving the public on the event horizon to wonder how they manage to get anything done at all.
Sounds like more BBQ sauce to me.
If at first you don't succeed, try, try again? First you try to quash Conway's freedom of speech, then verbally attack another judges sexual orientation? Now this with Tobin? Do you see something coming you want to try to head off, or are you really that bored already? It's gotta be the former.
There's nothing like a bitter fall from grace to get people's hair standing up all over and acting sanctimonious.
Yeah, can barely wait to hear A-Terd's take on this one.
He really has flipped out!
Defamation? I thought it was Resignation? Sounds more like Sour Apples, Mr. Sweetapple!
Sprinkles is going to get his toes stepped on by several people.
Nice try Spechler. Unfortunatley Tobin has Absolute Immunity from suit for defamation if they alleged statement or statements he made were done during the course and scope of his job as chief judge. Doesn't matter if what he said was factually incorrect. doesn't matter if what he sais was done with the intent to injure Spechlers reputation. Doesn't matter if Tobin was acting maliciously. Absolute Immunity from suit...not qualified immunity. Just read the McNayr case and its progeny, Wardlow and Cassell. Absolute Immunity. Oh and by the way, "course and scope" is to be liberally interpreted so unless the allegations are that Tobin was on the street corner saying stuff to anyone who would listen its going to be found to be course and scope. How could any statement made by the Chief Judge about the fitness or qualifications of another judge not be the "business' of the Chief Judge. Better find another cause of action Speckles.
It's hard work out there, isn't it?
Gehl vs. Sprinks. 3 to 1 Gehl. I hear the train now.
Let it all be done. If the JQC can't or won't do their job, then let the public know everything which should be the way it swings anyway. But the JQC may have some surprises yet, say pretty soon. Jay doesn't have a chance. Cut and paste your way to infamy.
ARE THEY ALL CRAZY? SPRINKS RAN LIKE A RAT WITH A LARGE CAT IN PURSUIT AND NOW FILES A DEFAMATION SUIT AGAINST TOBIN. THIS IS REALLY OUT THERE. ONLY IN BROWARD WOULD A FORMER JUDGE DESIRE HIS WHOLE LIFE TO BE UNDER A MICROSCOPE BECAUSE HE CAN'T LIVE WITHOUT THE ATTENTION. YOU KNOW WHAT HAPPENS WHEN YOU HOLD A MAGNIFYING GLASS OVER AN ANT IN THE STREAMING SUNLIGHT? THIS OUGHT TO BE GOOD.
I don't think his motivation for going on the offensive is going to save him from what's to follow
Jay is still trying to charm the locals. Gimme a break.
Wheel in the Gibbet, only a blunt cut will do.
Way to go Sprinks. This is like super octane in the JQC Enola Gay already headed this way. Ought to speed her arrival by a few weeks I'd say.
Take annother little peice of my heart, hey baby ...
"I love this circuit."
Isn't that what Dale said when he stepped down?
Does his number 2 love the circuit too? You think Dale supports Jay on this? Does he think it helps him with any reelection fantasies he may have?
What's with these guys? Me, me, me. Never what's good for the circuit.
How does sparking what is likely to become a national story help the circuit? How does spotlighting Broward's disgraceful juidicial dysfunction help? Why won't they let all the garbage of the past stay in the past and let Broward graduate from the dark days?
I love this circuit indeed.
Jay Spechler resorting to what seems like legal thuggery.
Go figure.
And this was a judge that doesn't even know the law concerning the immunity? Figures. Give it up Spechler and brush up on your mediation skills. It's not that bad out there, is it? Time for the dunce cap, buddy.
I guess he's everything they said he is.
Where are the the posts every two minutes about Jay now? Nowhere. You must be trying to find a computer they wont be able to subpeona. Hope you and Vic didnt have too many celebrtory email exchanges on this topic.
Vic has no immunity. Nice try.
How is Vic going to explain how he did nothing to Garcia Wood for wrongfully using her contempt powers to wrongfully incarcerate a handicapped woman yet tries to ban someone from the courthouse for an alleged assault when there wasnt even a report made to bso or ftl pd? Ana Gardiner is alleged to have had sex with defense attorneys and prosecutors which puts thousands of cases in question, is she asked to leave, nope? How you going to explain how you created a roving traffic division yet no one after Jay was asked to do it. Vic will learn as all former friends of the Adj what an albatross he really is. Enjoy your last few months in office. This combined with losing some sitting judges under your watch, Dale's BBQ will be reopened. Dont worry Lee Jay I am sure that roving traffic ticket position will be open for you.
Wow, after all those months of stupid posts from Jack Thompson about how he was going to subpoena Bill Gelin and JAAB for the records of the blog, now there's actually a lawsuit filed where the blog could legitimately be subpoenaed for information regarding the IP addresses of the posters.....
Wonder when that subpoena is going to hit......Wonder who at the courthouse is so scared and are about to sh__ their pants.
"Former Broward County Court Judge Jay Spechler says he was effectively fired and a reassignment earlier this year was a “sham” and “bogus in nature.”
Spechler, who was on the bench from 1988 until he resigned March 31, wants a declaration that he is eligible for reinstatement, that his banishment was unconstitutional and his reassignment was a sham."
GOOD LUCK!!
"the blog could legitimately be subpoenaed for information regarding the IP addresses of the posters....."
just read the herald article. no mention of a blog. you been smokin' "the bear?"
"Nice try Spechler. Unfortunatley Tobin has Absolute Immunity from suit for defamation if they alleged statement or statements he made were done during the course and scope of his job as chief judge."
There is no qualified or absolute immunity for federal civil rights violations under 42 U.S.C. 1963 and the whistleblower statutes. Of course, Spechler has to prove his case too.
I'm not sure how an elected official can charge constructive discharge when it was a resignation. And how do you sue for reinstatement when you only sue Tobin in his individual capacity ... as Tobin doesn't have the right to pick somebody to fill the seat.