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A nonsensical verdict against Judge Michael Allen. No surprises here.

To quote Dave Barry, "I am not making this up." However, the recent actions of Florida’s Judicial Qualifications Commission and Judge Paul Backman's nonsensical opinion are so rich, that Molly Ivins would kill herself to cover it if she wasn’t already dead.

What better demonstration of the need for a citizens’ oversight group like www.USAjudges.com than Florida’s version of the original Star Chamber complete with girly-men pouncing on Judge Michael Allen for doing his job. I’m telling you, if Molly was alive she would dump Texas and blow into Florida faster than a gale force wind for the sheer joy of covering this farce.

Especially since the verdict said Judge Allen was only trying to protect the integrity of the court (which would make him innocent of the charges) but that he also acted with antipathy because he didn’t like fellow judge Charles Kahn (making him guilty of the charges. Well, one, anyway). Good Lord. PICK ONE.

The politically inspired attack on Judge Michael Allen (and ultimately, the public) by members of Florida’s JQC began after Judge Michael Allen rightly opined that Judge Charles Kahn, (aka: Judge Horndog) should have recused himself on a case involving a long-time crony and former client of Fred Levin’s law firm where Kahn was a partner for many years.

Not a big deal. Judge Horndog had recused himself before when Levin’s letterhead came up directly. Just not this time, when Levin was not directly involved in the appeal of his long time friend, the felonious, former senator, Mr. W.D. Childers, now serving time for bribery and corruption. Kahn was the lead judge on an appeal panel hearing the case of his former partner’s close friend which decided his conviction should be overturned.

Did the JQC address Kahn’s behavior?

No.

Did I mention a specific job of the JQC is to protect the public from bad judges and the "appearance of impropriety?" Did I mention what Judge Allen was accused of doing was simply pointing that out? The girly-men just didn’t like the way he did it.

Instead, the JQC put into place ("put into place" sounding so much nicer than, "conspired") a series of events which resulted in trial, the background of which is a cross between Monty Python, Boston Legal, and perhaps the effects of some questionable pharmaceuticals.

Actually, the trial of Judge Michael Allen only makes sense when viewed from a questionable pharmaceutical standpoint. That said, it wasn't just the trial, but a lack of a timely verdict to benefit the public and the wrongly accused which the public found most bothersome. To recap,

It’s not that the JQC risked the "appearance of impropriety" by their attack. It’s something else. Although "else" defies description, as not even in cheerleading camp do you find women this petty. Simply put, no other JQC in the nation seems to act in a politically motivated and buffoonish as Florida's JQC.

Now according to Florida’s own Judicial Qualifications Commission, the JQC is "an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges."

At least that’s how the JQC pr’s itself on its website.

If true, one wonders how a picture of so called, happily married Judge Kahn’s hotel romp with a court employee, taken during a state-funded trip and saved on a state computer, escaped judicial notice and investigation.

Not that Judge Kahn violated Canon Two which states: "B. A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment," because he did not.

You see Judge Kahn’s family, his peers, his political and social friends did not in any way interfere with his pecker. I would call for “judicial notice” in that absolutely nothing got in the way of any of Judge Horndog’s affairs, including, the thirteen judges who filed a formal complaint against him…which Florida’s JQC (drum roll) declined to pursue.

The JQC however, opted to file a Complaint against Judge Allen, instead. (It is worth noting in the verdict it was suggested someone ought to finally open up an investigation on the ever horny Judge Kahn.)

Did I mention Judge Horndog was the Chief Judge during this time? If that doesn’t offer a whiff of smoke from political backrooms just wait. It gets better.

However no time should be wasted wondering why the JQC ignored their scrutiny of judicial duties and canons of ethics when addressing the appearance of "impropriety." Out of the entire mess, that’s about the only thing that does make sense. Because not only is Judge Horndog known to pack heat, but court Bailiffs have expressed concern regarding the judge’s mental stability, privately. Enough so three of the other judges began also packing heat beneath their robes on the chance Judge Horndog might go postal.

For added measure, when the Governor Crist came to a retirement ceremony the doors were locked as a precautionary measure to keep Judge Horndog out. Ergo, between the guns and a perceived lack of mental soundness, self-preservation would leap to mind. Keep in mind, the charges against Judge Allen were that he wrote his opinion out of intense dislike for Judge Kahn. What’s not to admire about a philandering, lying, adulterous, purportedly, unstable judge?

Did I mention Judge Horndog was the Chief Judge?

Therefore, and perhaps driven by a desire to live a full life sans bullet holes in major body parts, the JQC not only voted against charging Kahn, but in a head snapping move, (perhaps to literally save their own skin…) leapt to pursue the complaint filed against Judge Allen, conveniently filed by Fred Levin's son, Martin…after a decision by the entire appeals court to affirm the bribery conviction and prison sentence earned by former Sen. W.D. Childers by a huge majority of the court. Readers should note this is the same case Kahn and one other judge (lunacy being contagious with this bunch) was ready to overturn. (For those who love total intrigue…the very day Kahn was hearing arguments of the lawyers on the appeal, the state’s Star Witness fortuitously committed suicide by downing some anti-freeze and then crawling under a house.)

Had the conviction been overturned, Childers couldn’t have been re-prosecuted. Did I mention Levin and Kahn were law partners at one time for several years; and is the smell getting to you yet?

But wait, there’s more! Judge Allen was initially only charged with criticizing Judge Charles “Horndog” Kahn Jr. in a written court opinion, (remember now, writing opinions *is* a major part of Judge Allen’s job description). Doing so, *could* according to the collective mind of the JQC, (such as it is) "impair the confidence of the citizens of this state in the integrity of the judicial system."

Right.

If that wasn’t stupid enough, the JQC then amped everything up a bit by adding a perjury count after Judge Allen said he bore no animosity towards Kahn. Basically, Judge Allen was charged with perjury for pleading not guilty.

To again invoke Dave Barry, "I am not making this up."

To answer the question on everyone’s mind, “Has anybody drug tested these people” – I don’t know. But after this kind of display, Florida voters would do well to vote for random, mandatory drug testing for the JQC.

At trial, no less than the former Speaker of the Florida House, the current State Attorney and the Public Defender spoke glowingly of Judge Allen’s integrity. Judge Allen doesn’t represent the gold standard. The gold standard is not quite good enough. In matters involving Judge Allen, one must step it up. The man’s character is platinum.

Did Judge Paul Backman rule like a girly-man? Absolutely.

“The decision won’t withstand a five mile per hour wind,” according to one of Allen’s defense team.

Here’s why: in a stunning display of convoluted logic, the JQC ruled it was “convinced” Judge Allen acted out of concern for preserving the integrity of the court—which was the defense Judge Allen presented at trial and means he would have to be not guilty, right?

No, the JQC ruled that it was also convinced he acted out of antipathy (i.e., intense dislike) for Judge Kahn when he wrote his opinion and therefore said he was guilty. Kind of like saying somebody killed in self-defense, but they also committed murder. Are you following this?

So the facts, as well as the consensus in editorials from every major paper in the state and man-on-the-street interviews, and just plain common sense, escaped Judge Backman and his crew.

But this being Florida, the smart money was in early.

Those in the know said some time ago that it would take the Florida Supreme Court to get the stink out of this one. Judge Allen’s appeal will be timely filed.

Naturally, this is very good news for USAjudges.com. Florida’s JQC and Judge Backman, who had the agency's back, remain the best advertisement for USAjudges.com, yet….especially helpful during an election year.

And USAjudges wants to thank them all. Each and every girly one.


Order in the Court: Pants-Dropping, Coin-Flipping Incidents Get Judge Fired
New York Lawyer
November 2, 2007

By Larry O'Dell
The Associated Press

RICHMOND, Va. - A judge who ordered a woman to drop her pants and decided a custody dispute by flipping a coin was removed from the bench by the Virginia Supreme Court on Friday.

The decision against Juvenile and Domestic Relations Court Judge James Michael Shull of Gate City was unanimous.

"Unless our citizens can trust that judges will fairly resolve the disputes brought before our courts, and treat all litigants with dignity, our courts will lose the public's respect and confidence upon which our legal system depends," Justice Barbara Milano Keenan wrote.

According to the court, Shull admitted tossing a coin to determine which parent would have visitation with a child on Christmas. Shull said he was trying to encourage the parents to decide the issue themselves but later acknowledged that he was wrong.

The pants-dropping incidents, the court said, "were even more egregious."

The court said they occurred when a woman was seeking a protective order against a partner who she said had stabbed her in the leg. Shull knew the woman had a history of mental problems and insisted on seeing the wound, the court said.

The woman dropped her pants once to display the wound, then dropped them a second time after Shull left the bench for a closer look to determine whether the woman had received stitches.

A court bailiff testified before the commission that after the hearing, he asked Shull, "Did you see what that lady had on?" According to the bailiff, Shull replied: "Yeah, a black lacy thing ... it looked good, didn't it?"

Shull denied making the comment. His attorney, Russell V. Palmore, did not immediately return a phone call seeking comment Friday.

The justices could have merely censured Shull, but they noted that he had appeared before the Judicial Inquiry and Review Commission in 2004 for allegedly calling a teenager a "mama's boy" and a "wuss" and advising a woman to marry her abusive boyfriend. That complaint was dismissed with an admonition to Shull to chalk it up as a learning experience.


Riverside judge removed from bench for misconduct
The Associated Press
Article Launched: 10/02/2007 11:12:29 AM PDT

SAN FRANCISCO—A Riverside Superior Court judge was removed from the bench after a judicial watchdog agency ruled he improperly interfered with a murder case, along with a host of other official misdeeds.

The Commission on Judicial Performance said Tuesday that Judge Robert Spitzer pressured the mother of a teen killed by a drunken driver to pursue a manslaughter charge against the killer rather than a more serious second-degree murder charge.

The jury deadlocked in the first trial. Spitzer was blocked from hearing a retrial, in which the driver was convicted of murder.

The commission also found Spitzer similarly interfered in two other cases, failing to rule on legal matters promptly and then lying about it.

"Judge Spitzer has engaged in a course of conduct which seriously undermines public confidence in the fair and competent administration of justice and demonstrates a lack of ability and temperament to perform judicial functions," the nine voting members of the commission unanimously held. "We are left with no confidence in his ability to refrain from future misconduct."

Spitzer can appeal the commission's ruling to the California Supreme Court. Spitzer's attorney didn't immediately return a telephone call. Former California Gov. George Deukmejian appointed Spitzer to the municipal court in 1990. Spitzer was elevated to the Superior Court in 1998.


Alabama Judge Resigns Amid Investigation
By PHILLIP RAWLS – 8 hours ago

MONTGOMERY, Ala. (AP) — A judge once considered for a prominent federal appointment has resigned amid investigations of possible judicial and sexual improprieties, including allegations that he spanked male inmates in a private courthouse room.

The resignation of Circuit Judge Herman Thomas ends what was once viewed as one of Alabama's most promising legal careers, although his legal problems continue.

"We do have a criminal investigation going on," Mobile County District Attorney John Tyson said after Thomas' resignation Monday.

Thomas had been suspended with pay since March when a state judicial panel filed the first of a series of charges accusing him of unduly helping relatives and friends with their legal troubles and taking cases away from other judges — without permission — to change the defendants' legal status or reduce sentences.

Thomas resigned shortly before 5 p.m. Monday, which was the deadline for judicial prosecutors to file any additional charges before his Oct. 29 trial.

His resignation probably means there will be no trial before the Alabama Court of the Judiciary because the harshest punishment it can hand down is removal from office — an action that last happened in 2003 when Alabama's Ten Commandments judge, Chief Justice Roy Moore, got kicked out of office.

"While I do not believe that I ever intentionally violated any canon of judicial ethics, I recognize that the controversy surrounding me has been disruptive and unproductive for the life of this community," Thomas said in a resignation statement.

After the ethics charges were filed against Thomas, allegations arose that he had removed several male inmates from the Mobile jail and taken them to a private room in the courthouse, where he spanked them.

The president of the local NAACP chapter accused investigators of coercing inmates to make allegations against Thomas, who is black.

Also, a six-year-old lawsuit surfaced in which an inmate accused the judge of offering to provide help with inmates' cases in return for sexual favors.

"Judge Thomas categorically denies all of that," defense attorney Dave Boyd said.

Judicial prosecutors did not file any additional charges Monday involving the allegations of spankings or the inmate's lawsuit, which was dismissed by one of Thomas' fellow judges shortly after it was filed.

Tyson, the district attorney in Mobile, said his investigation is separate from the judicial ethics probe, and he had been unaware of the inmate's suit until recently. "That lawsuit is now part of our investigation," Tyson said.

Thomas, 46, grew up in Mobile and returned home after law school at Florida State University to become an assistant district attorney. He became a district judge in 1990, with the pledge, "I will be a judge the judges of the 13th Judicial Circuit, my family and friends, and all citizens will be proud of."

Thomas' distinctive bow ties helped him stand out in the county courthouse, and in 1999, he became a circuit judge.

Two years before that, some of Alabama's top Democrats recommended President Clinton appoint Thomas as the first black federal judge in south Alabama. The background check on Thomas dragged on for months and Clinton never made a formal nomination.

One of Thomas' earliest advocates was Joe Reed, chairman of the black wing of the Alabama Democratic Party. Reed said Thomas ran into opposition from some leaders within the American Bar Association, but there were no allegations of improprieties back then. Reed said he hated to see what had happened to Thomas' career.

"It's so unfortunate for him," he said Tuesday.


Calif. Judge Tossed Out for Delay, Neglect
Thursday October 4, 2007
Cheryl Miller, The Recorder

California's Commission on Judicial Performance on Tuesday ordered an incorrigible clutter bug removed from the Riverside County bench.

Superior Court Judge Robert Spitzer's "inexcusable delays, failure to act and gross neglect of court orders demonstrates an unwillingness or inability to perform judicial functions," commission Chairman Frederick Horn wrote in the unanimous order.

Spitzer, a 17-year veteran of the Riverside courts, was charged with eight counts of judicial misconduct stemming from accusations that he backdated court orders, failed to dispose of cases promptly, filed "at least" 70 false salary affidavits and conducted improper ex parte conversations.

The judge's courtroom and chambers were routinely "in shambles," and because files were "strewn about without any discernible organization," they were often lost or misplaced, the commission found.

In hearings before a panel of special masters and the commission earlier this year, Spitzer conceded that he had trouble organizing his work but insisted that he was undergoing therapy and changing courtroom procedures to fix the problems.

But commissioners noted that, after they had threatened him in 2003 with a public admonishment for similar troubles, Spitzer had assured them that he would change his ways.

"We have no confidence in his ability to conform to standards of judicial conduct," the commission said.

Spitzer's attorney, Reginald Vitek of Seltzer Caplan McMahon Vitek in San Diego, did not return a phone call Tuesday.

Presiding Judge Richard Fields of the Riverside County Superior Court said Spitzer left his courtroom Tuesday morning after learning of the commission's order.

"He is absolutely one of the hardest-working judges I've ever met," Fields said. "The loss of such an experienced judicial officer at this very critical point in this court's history is going to be felt by many people."

Fueled by Riverside County's enormous population growth, the courts have a backlog of civil cases and officials have struggled to keep up with the criminal calendars. Chief Justice Ronald George recently dispatched two dozen judges from around the state to Riverside to help process felony cases.

Fields said he's asked the Administrative Office of the Courts for an assigned judge to take on Spitzer's courtroom.

Spitzer, 58, cited the county's crushing caseload as one of the reasons he fell behind in his work. But commissioners said it was more than the judge's "chronic state of disorganization" that led to his troubles.

Investigators said Spitzer appeared to backdate his signature on numerous orders before giving them to his clerk for processing. The commission found that in one case, City of Moreno Valley v. Southern California Association of Governments (SCAG), Spitzer received a proposed judgment on May 6, 2003 but didn't act until June 9, 2004, when he signed the judgment, backdated the document July 3, 2003 and file-stamped it July 7, 2003.

An appellate court tossed out SCAG's appeal in August 2004 on the grounds that agency leaders had waited too long -- 13 months according to Spitzer's signature -- to file. SCAG has not resubmitted their appeal.

In another case, Spitzer forgot to file a decision entirely. The judge heard a small claims case in 1996 and, despite numerous complaints from the parties involved, never issued a ruling. It was only after the plaintiff's mother, a potential juror in an unrelated case, complained to Spitzer in 2002 that Spitzer conducted a new trial and finally issued a ruling.

Commissioners said Spitzer's delays in closing cases led him to file false affidavits saying that he had no cases outstanding for more than 90 days, something judges must do regularly to receive their paychecks.

The commission also criticized Spitzer for improper behind-the-scenes meddling in cases. In 2004, the judge lobbied prosecutors to charge a defendant with manslaughter and not murder in a DUI case. The district attorney declined and after a jury deadlocked, Spitzer brought the victim's mother into his office and, according to investigators, encouraged her to persuade the DA to pursue manslaughter charges.

Spitzer told the special masters that he was only trying to comfort and to educate the mother and that he never meant to suggest that she lobby the prosecutor for reduced charges.

"Attempting to convince a mother whose child was killed by a drunk driver that her child's death was unintentional by reference to Penal Codes, legal terminology, and sentence calculations reflects an alarming lack of sensitivity in addition to being extraordinarily inappropriate and unjudicial," Horn wrote on behalf of the commission.

Spitzer is the third judge the commission has ordered removed from office in the last 10 months. Santa Barbara County Superior Court Judge Diana Hall was ousted in December 2006 after the commission found that she had violated campaign finance laws, received two misdemeanor convictions for DUI and improperly questioned a prosecutor's motives. And commissioners removed Monterey County Superior Court Judge Jose Velasquez in April for denying defendants due process, making inappropriate comments in court and improperly issuing bench warrants.