Appeals court declines to remove judge in Schiavo case

Sarasota Herald Tribune ^ | December 10, 2003 | The Associated Press

[daylate-dollarshort]

Appeals court declines to remove judge in Schiavo case

The Associated Press

CLEARWATER, Fla. An appeals court rejected Gov. Jeb Bush's assertion that the circuit judge overseeing the case of a severely brain-damaged woman is biased and refused Wednesday to remove him.

The 2nd District Court of Appeal refused to bar Pinellas-Pasco Circuit Judge W. Douglas Baird from hearing arguments regarding the constitutionality of a new law enacted to reinsert the feeding tube keeping Terri Schiavo alive after her husband had it removed.

Bush's attorney, Kenneth L. Connor, argued that Baird had already made up his mind, citing statements the judge made from the bench last month in which he said the new law is "presumptively unconstitutional" and deprives Schiavo of her right to privacy.

But the appellate court said Baird's comments were not improper and "legally insufficient to instill a well-founded fear of prejudice or bias."

[LisaFab]

I just about had it from the 'justice' system today.

[daylate-dollarshort]

The opinion of the Second District Court of Appeals can be found here.

[m1-lightning]

The Florida State Constitution

Article I SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. </>No person shall be deprived of any right because of race, religion, national origin, or physical disability.

Michael, his lawyer, and his judge are depriving Terry of her basic rights. Where is the oh mighty, powerful and annoying judicial fiat to protect her rights? These judges should be removed by someone other than another judge. Judges are becoming more corrupt than politicians.

[trussell]

Terri power ping.

[LaraCroft]

No kidding. I think they ALL need to be fired and start again.

Sodomy and Abortion are protected by the BOR, now free speech is banned, if it's deemed 'political' too close to an election.

The world has gone to hell in a handbasket and the judges are swinging the basket.

[Mac The Knife]

Isn't this over? Dear God, please never let me be in a postion where my death will become a circus.

[sunryse]

I give up. It is becoming obvious the judicial systems wants this woman dead and even every effort Jeb Bush tries is thwarted. I don't understand, did Michael Schiavo make a deal with the devil or something?

[sweetliberty]

"These judges should be removed by someone other than another judge. Judges are becoming more corrupt than politicians."

Lightening bolts from heaven come to mind.

[sweetliberty]

Another unjust ruling from the Florida kangaroo courts.

[UCANSEE2]

I give up. It is becoming obvious the judicial systems wants this woman dead and even every effort Jeb Bush tries is thwarted. I don't understand, did Michael Schiavo make a deal with the devil or something?

No, just hired him to be his lawyer.

[CindyDawg]

Another unjust ruling from the Florida kangaroo courts.

another "good ole boy" ruling? I hope you guys in Florida are taking notes and remember when time to vote them out. Can we stop using appeals and circuit judges etc and start posting their names behind their decisions so there can be no hiding behind robes?

[CindyDawg]

Don't give up. Keep the faith. Can you imagine being on trial for a crime and the judge says you are guilty before a verdict from the jury or hearing the evidence. You would have a mistrial , no questions asked.

[Stopislamnow]

I'd never advocate violence against Mike Shavio or his lawyer.

Perish the thought. But that is probably the only way to save the womans life.

Evil pervades our society.

And we bend over and take it.

[lonevoice]

This surpassed "surreal" a long time ago and I've run out of words for it. I remember reading one of the articles someone posted about constitutional challenges. It stated that on an appeal regarding constituionality of a law, the law is considered to be presumptively constitutional. If that's true, how can a Judge make a public statement that the law is presumptively unconstitutional and not be considered too biased to hear the case?

[pollywog]

I just about had it from the 'justice' system today.

You and me too LisaFab !!!!!! Where we once found our security and freedom, we can no longer!! Our government is becoming more corrupt daily!!!!

[Ohioan from Florida]

Another unjust ruling from the Florida kangaroo courts.

Same ole, same ole. Returning to prayer.

Lord, why must Terri endure this? Please do not allow the forces of evil to overtake this country. Please spare those who are innocent of corruption. Forgive us for our impurities. Our hearts are heavy for Terri. Please restore her to her loving family.

[CindyDawg]

Try not to feel that way,ok? This is just a set back and we aren't the ones in charge here. Where is Teri now? Alive? She just had her 40th birthday when many of us were concerned weeks ago that she might not. I pray now that she has Christmas (with her family). I step at a time. Look at all that is being revealed.

[pollywog]

Isn't this over? Dear God, please never let me be in a postion where my death will become a circus.

This wouldn't have even STARTED had Terri's wishes been documented. I would hope in your case if you want to just starve to death you PUT IT IN WRITING. For me, NO, and it is going into writing VERY SOON!!

[sweetliberty]

"If that's true, how can a Judge make a public statement that the law is presumptively unconstitutional and not be considered too biased to hear the case?"

Obviously these #&*%$@#$ judges have been doing whatever the h*ll they please and getting away with it for so long that they actually believe they are above being challenged.