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Supreme Court Rules
Suspended Andy Reid and Patty Pensa WEST PALM BEACH - Circuit
Judge-elect William Abramson, whose law license was suspended in
December, is not eligible to take the bench, the Florida Supreme
Court ruled in an opinion released this morning. "I had my day in court," he
said. "It's time to move forward, the past is the past." Court Should Reject Letting Suspended Lawyer Be a Judge Palm Beach
Post Editorial Even those who claim to oppose "judicial activism" should hope that the Florida Supreme Court liberally interprets the state constitution and rules that someone who can't be a lawyer can't be a judge. In December, after two recounts and two court rulings, William Abramson defeated incumbent Richard Wennet in the race for a Palm Beach County circuit judgeship. One day after an appeals court upheld his 61-vote win, however, the Florida Supreme Court suspended Mr. Abramson from the practice of law for 91 days, starting Jan. 2. The six-year term of the seat began Jan. 6. Nothing in the Florida Constitution or state law directly addresses the question of whether someone not in good standing with the Bar can be a circuit court judge. On Tuesday, the State Supreme Court will hear arguments in this precedent-setting case. Article V, Section 8 of the Florida Constitution states only that "No person is eligible for the office of circuit judge unless the person is, and has been for the preceding five years, a member of the Bar of Florida." Not surprisingly, in his brief Mr. Abramson's lawyer asks the justices to follow the "plain language" and "plain meaning" of the constitution. Since there is "no requirement" that a circuit judge be a member in good standing of the Bar, Mr. Abramson should be able to assume the office he won at the polls and Gov. Crist should issue Mr. Abramson the commission he withheld to ask the court for its opinion. But two former Supreme Court justices show why a literal reading of the constitution would make no sense. Major Harding and Stephen Grimes, representing the Florida Bar, argue that "the courts of this state recognize that the constitution should not be construed to reach an absurd result." Therefore, "It is absurd to believe that the framers of the constitution intended that a lawyer suspended from membership in the Bar should be allowed to be a circuit judge." The requirement that a judge be in good standing "is implicit." It wouldn't be a stretch for the high court to reach that conclusion. Article V, Section 8 doesn't make "good standing" a requirement for Supreme Court justices or appeals court judges, all of whom outrank circuit judges. But Section 8 does require that county court judges in counties of 40,000 people or less be a "member in good standing." Why would the framers make standards higher for lower courts? The pool for judges in small, rural counties often is not deep, so the five-year rule could exclude otherwise qualified candidates. Also, Florida law - Chapter 318.34 - requires that traffic court hearing officers be members in good standing of the Bar. Would it be logical for the Supreme Court, in effect, to endorse higher standard for traffic court than circuit court, where judges issue the death penalty, referee major lawsuits, decide child custody and rule on all juvenile and probate cases? Mr. Harding and Mr. Grimes cite cases from five states where courts ruled that judges had to be in good standing as lawyers. If the court rules against Mr. Abramson, the judicial nominating commission would take applicants for the position and recommend names to Gov. Crist, who would choose. Because the suspension for showing disrespect to a judge - Richard Wennet - is for 91 days, it could take Mr. Abramson as long as two years to regain his license. As the Bar's attorneys argue, "How could the public have any confidence in a system that would permit an attorney who has been suspended from the Bar for misconduct to become a circuit judge?" The public could not, which is why the Supreme Court should not let William Abramson become a judge.The key issue Article V, Section 8: 'No person is eligible for the office of circuit judge unless the person is, and has been for the preceding five years, a member of the bar of Florida.' How will the Florida Supreme Court interpret it? Can Abramson be a Judge? Supreme Court must Decide Palm Beach Post Editorial We know that after 24 years Richard Wennet will not continue to be a judge in Palm Beach County. The Florida Supreme Court needs to decide quickly whether William Abramson will or will not replace Judge Wennet. On Friday, the 1st District Court of Appeal correctly upheld the trial judge's ruling that awarded the Aug. 26 election to Mr. Abramson over Judge Wennet. But a day earlier, the Florida Supreme Court suspended Mr. Abramson's law license for 91 days. He is supposed to start work the week of Jan. 5, and there is no precedent to determine whether a lawyer who is not in good standing with the Florida Bar can serve as a judge. Mr. Abramson, who specializes in traffic cases and could charitably be described as a combative person - he was reprimanded by the Bar twice previously - plans to show up in Tallahassee next month to attend the weeklong Florida Judicial College that is required for new judges. His argument is that the election was valid, and that nothing in the Florida Constitution prevents him from serving. Indeed, Section 8 of Article 5 specifies that the only requirement to be a circuit judge is five years of continuous membership in the Florida Bar. There is no mention of standing. Orange County Circuit Judge Fred Lauten, dean of the judicial college, said in an interview, "Unless someone tells me that (Mr. Abramson) can't come or that he isn't a judge, not only can he come, he's got to come." Mr. Abramson also could make a case that the suspension is excessive and politically motivated. He was accused of being disrespectful - just to show how personal this whole controversy is - to Judge Wennet in 2005. The Broward County judge who heard the case for the Bar, however, recommended that the Supreme Court issue Mr. Abramson only another reprimand. The record shows that Judge Wennet also didn't exercise enough judicial restraint. In fact, Mr. Abramson filed a complaint against Judge Wennet. But the Bar filed a separate brief, arguing that the court suspend Mr. Abramson for 91 days. Three of the lawyers who worked on Judge Wennet's campaign are members of the Bar board of governors. Because the suspension is 91 days rather than 90, Mr. Abramson couldn't just serve the suspension and start work on the bench. He has to reapply for admission to the Bar, and show "proof of rehabilitation." He probably would have to retake at least part of the Bar exam. It all could take two years. But ignoring the suspension would undermine Mr. Abramson's credibility and that of the court. Also, the issue needs to be resolved in case it comes up again anywhere in Florida. The governor has no stated authority to keep Mr. Abramson off the bench. The Judicial Qualifications Commission isn't involved because Mr. Abramson isn't a judge. All the legal experts we consulted believe that the decision rests with the Florida Supreme Court. Certainly, the court immediately should issue the full opinion that explains the decision to suspend Mr. Abramson. He then can decide whether to ask for a rehearing, perhaps on the grounds that the punishment deviates far too much from the judge's recommendation. If he gets a rehearing, the court should rule promptly. If he doesn't get a rehearing, Mr. Abramson could take the high road and ask the court to rule on whether he can serve while under suspension. He would risk his seat, but he would rise in stature. The need to resolve this is urgent. Palm Beach County already has three court vacancies. There will be a fourth if Mr. Abramson can't serve, and budget cutbacks are straining the system. Courts are known for taking their own sweet time to issue rulings, but the 2000 presidential recount showed that the Florida Supreme Court can meet deadlines for cases that are in the public interest. This case is in the public interest. Incoming
Palm Beach Circuit Judge By Jerome Burdi The Florida Supreme Court
on Thursday suspended incoming
Palm Beach Circuit Judge
William Abramson for 91 days because of a 2006 complaint that he
created "havoc" at a jury trial before the judge he later unseated. To see Supreme Court order click here. What is noteworthy that generally the orders note that the order is not final until motion for rehearing is disposed. But this order notes that "The filing of a motion for rehearing shall not alter the effective date of this suspension".
Incoming Palm Beach County Circuit Court Judge Appeals
Court Crushes Wennet's By Jane Musgrave Palm Beach County Circuit Judge Richard Wennet won't get a second chance to persuade voters he deserves a fifth term. Without comment, the First District Court of Appeals today upheld a lower court decision that found the results of a recount-plagued August primary were valid. It's over," said attorney William Abramson, who beat the 24-year jurist by 61 votes when the final recount was complete. "It ends today." Attorney Gerald Richman, who represents Wennet, said he was disappointed by the decision, that can't be appealed to the Florida Supreme Court. "I think they're wrong, but so be it," he said. Wennet, 59, wasn't immediately available for comment. However, it is still unclear whether Abramson will assume the bench next month as planned. In an unprecedented move, the high court on Wednesday stripped Abramson of his license to practice law for 91 days and gave him 10 days to close his practice. Because an incoming judge has never lost his law license, it is unclear whether the suspension means Abramson can assume the bench. The Florida Constitution requires circuit judges to be members of the Florida Bar for five years. Although his license is suspended, Abramson is still a member of the bar. The high court said it would follow up its order with an opinion. Some are hopeful that the justices will address the issue in that opinion. If not, attorneys have said that someone will have to ask them to resolve the issue. Abramson, 41, has asked for an extra five days to close his practice. But, he said, "I will begin my term Jan. 6." Dec 18, 2008 BLOG - Crooked Bar wrote:
Stripped
of Law License, Abramson By Jane Musgrave and Susan
Spencer-Wendel In a ruling that threw the justice system into turmoil, the Florida Supreme Court on Thursday stripped incoming Palm Beach County Circuit Judge William Abramson of his license to practice law for 91 days. The three-paragraph order marks the first time an incoming judge has lost his law license. And while it raises questions about whether Abramson can assume the bench next month, it offers no answers. We've never seen anything like this before," said Florida Bar attorney Kenneth Martin, who pushed the high court to yank Abramson's license. "We're in uncharted legal waters," agreed attorney Douglas Duncan, chairman of the local judicial nominating commission. "I don't think anybody ever thought this kind of scenario would be possible," said Chief Circuit Judge Kathleen Kroll, who has asked her attorneys to research the issue. Abramson, who faces another disciplinary complaint, said all the scrambling for law books is unnecessary. "I've read the constitution. I've read the Bar rules," he said. "I just don't see how I can't be sworn in on Jan. 6." Attorney Gerald Richman, who represents losing Circuit Judge Richard Wennet, disagreed. "It would be a travesty in terms of public confidence for someone to be sworn in as a judge who cannot act as a lawyer," he said. "If you can't do anything as a lawyer, how can you be a judge?" The legal quagmire turns on the vague wording in Florida's constitution that merely requires circuit court judges to be members of the Bar for five years. Even with a license suspension, "I'm still a member of the Bar," Abramson said. The high court could answer the question when it issues a full opinion. In an unusual move, the justices said they would issue an opinion at an unspecified time. The question also could become moot. Wennet, 59, has challenged the results of the problem-plagued August primary that cost him his seat. In an appeal pending before the First District Court of Appeal in Tallahassee, the 24-year jurist claims the county canvassing board violated state law when it conducted three recounts before declaring Abramson had beaten him by 61 votes. State law calls for only one recount. A Tallahassee circuit judge upheld the canvassing board's action, ruling that the board simply was making sure all votes were counted. Even if the circuit court ruling is upheld, there are a variety of ways the issue could be resolved, said Bruce Rogow, a constitutional law expert. The high court is likely to address Abramson's ability to assume the bench in its opinion, he predicted. "If they don't, they're derelict in their duties," he said. However, Rogow acknowledged, the case they are deciding has to do only with whether Abramson should be disciplined for lashing out at Wennet in a 2005 court hearing. Judges aren't supposed to rule on issues that aren't part of the court record. "I think they can write an opinion and say he's not a member in good standing of the Bar and therefore he doesn't possess the necessary attributes to be a circuit court judge," Rogow said. "There's a crafty way they could do it." Or, he said, others could ask the high court whether Abramson can assume the bench while his license is suspended. Kroll, Wennet or even a citizen could ask, he said. But, he said, the most logical person would be Abramson. "He should ask for direction and clarification," Rogow said. "It would behoove him to do it. It would show a steadiness of character and good judgment - which people have said he is lacking. It's a way to redeem himself." Abramson, 41, said he first wants to read the Supreme Court's opinion but might follow Rogow's advice. Another option would be for Abramson to wait to take the bench until his license has been reinstated, Rogow said. Unless an interim judge is appointed, that could exacerbate an existing judge shortage. With two judges set to move on to the Fourth District Court of Appeal and a county judge tapped to replace Circuit Judge Jeffrey Winikoff, who died in June, Kroll said the judicial system is already strained. A fourth vacancy would be difficult to absorb. Abramson said he hopes it doesn't come to that. He noted that two of the seven justices, Harry Anstead and Fred Lewis, said they felt a public reprimand would have been sufficient. A referee recommended Abramson be reprimanded, noting that although Abramson behaved badly at a hearing before Wennet, the judge fanned his behavior. The Bar then took the unusual step of asking the Supreme Court to ignore the referee's recommendation and suspend Abramson's license. Abramson has long claimed that the Bar's action was fueled by politics. Richman is a law partner with Florida Bar President John "Jay" White III. Wennet Appeal Unappealing Palm Beach Post Editorial Hasn't Richard Wennet done enough to embarrass himself and the Palm Beach County court system? Apparently, based on Judge Wennet's latest action, the answer is no. On Monday, the judge appealed the court ruling that he lost the Aug. 26 election to William Abramson by 61 votes. And you thought that we were done talking about elections in Palm Beach County. Fortunately, the leadership of the free world doesn't ride on this outcome. If Judge Wennet wanted to appeal, he should have done so when Leon County Circuit Judge Charles Francis made his decision on Oct. 20. Judge Wennet could have asked for a quick hearing before the 1st District Court of Appeal. If he had won, the revote Judge Wennet wants could have happened on Nov. 4. Judge Francis had ordered that the race be on the general election ballot in case he ruled for Judge Wennet. That would have saved Palm Beach County the $1.3 million cost of a special election. Judge Wennet's attorney said a revote could take place in March, when Palm Beach County cities hold elections. But not all cities have contested elections, and roughly half of the county's voters live in unincorporated areas. A special election would be needlessly expensive. Luckily, it's hard to see how Judge Wennet's appeal could succeed. Essentially, he argues that the first recount should have settled the race even though everyone agrees that the first recount - after which Judge Wennet was leading - didn't include roughly 3,500 valid ballots that the elections office had misplaced. Those ballots were counted in the second recount, which left Mr. Abramson ahead. Judge Wennet found himself in a reelection battle because last year an ex-girlfriend posted on the Internet her video of the judge commenting on women's breasts at one of the regular boat-and-booze gatherings on Peanut Island. Judge Wennet then abused his power by having the girlfriend arrested for illegally videotaping him. Judge Wennet claimed that he had been entitled to privacy in a very public place. In fact, the public is entitled to finality on this election. Since Judge Wennet first said he wouldn't appeal, we wonder if this is a stall tactic. Before the Florida Supreme Court is a recommendation from the Florida Bar that Mr. Abramson be suspended for 91 days because of his actions in a 2005 case before, naturally, Judge Wennet. If Mr. Abramson has been sworn in, a suspension might not force him off the bench. If he hasn't been sworn in, a suspension could cost him the judgeship, but no one really knows because there is no precedent. Swearing in is scheduled for early January. We agree with those lawyers who worry that Mr. Abramson - already reprimanded twice by the Bar - is a bad fit for the bench, on knowledge of the law and temperament. But Judge Wennet invited this challenge, and the people spoke on Aug. 26. With this appeal, Judge Wennet looks even less like the sensible alternative to Mr. Abramson. BLOG For those of you who don't
know, Wennet's lawyer - Gerald Richman- is law partners with Jay
White, Pres. of the Florida Bar, the group who pushed for this
extraordinary sanction way beyond what lawyers convicted of stealing
and incompetence receive.
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A Feast
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