(Florida) Bar President Denounced Attacks on Judiciary (Especially Judge Greer!)

Florida Bar Online - Online Media Center ^ | March 24, 2005 | Kelly Overstreet Johnson

[IleeneWright]

BAR PRESIDENT DENOUNCES ATTACKS ON JUDICIARY

FOR IMMEDIATE RELEASE March 24, 2005 CONTACT: Francine Walker, The Florida Bar TELEPHONE: 850/561-5666

STATEMENT OF KELLY OVERSTREET JOHNSON, PRESIDENT OF THE FLORIDA BAR

TALLAHASSEE -- The tragic and high visibility case of Terri Schiavo has resulted in an unprecedented and unjustified attack upon our judiciary. Regardless of anyone’s personal or political feelings about the Schiavo case, this is a critical time for Americans to recognize the vital role of the judiciary in maintaining the rule of law and the importance of the separation of powers among the three branches of government.

It is in times like these that we should recognize that our judges, on a daily basis and not just in high profile cases, have the duty and responsibility to protect the rights and liberties afforded to all of us by law.

Judges have no control over which cases come before them and they will inevitably be involved in deciding difficult and unpopular cases. When presiding over a case, judges make rulings based solely on the Constitution and other laws, and not their own feelings or personal beliefs.

While we may disagree with decisions and actions of public officials including judges, it is entirely unacceptable and unfair for our judges to be criticized and even vilified when no judicial basis for such criticism exists. Unfortunately that is what is happening as emotions heighten in the Terri Schiavo case.

Florida newspapers are now reporting that Circuit Judge George Greer has not only been accused of murder and terrorism by congressional leaders in Washington, but has received death threats and was pressured to leave his church.

Societal dilemmas should never be confused with constitutional responsibilities. Florida’s legal profession knows from polling that Floridians want nothing less than a fair and impartial judiciary.

Judge Greer is an ideal representative of the type of judge citizens want to hear their case. His rulings are based on laws, not emotions and not politics.

Indeed, his rulings have been repeatedly reviewed and scrutinized by many different courts on many different occasions. We must continue to have confidence in our legal system and expect our judges to act with the knowledge and integrity required of their position.

Judges are limited by duty to responding to such unfair criticism. But Florida’s editorial boards, community leaders and the 75,000-member Florida Bar are not. The Florida Bar joins many of the state’s major newspapers and democratic advocates in denouncing the unwarranted attacks on the judges and courts which serve everyone in this great country.

About The Florida Bar: The Florida Bar is the statewide professional and regulatory organization for lawyers. With more than 76,000 members, the Bar serves as an intermediary for attorneys, the courts and the public. Headquartered in Tallahassee, the Bar is a unified state bar by rule of the Supreme Court of Florida.

Membership in the Florida Bar is a necessary component of Supreme Court regulation for all lawyers licensed to practice law in Florida. The foundation for the organization is built on a philosophy of equity and ethics.

Through its programs and services, the Bar supports this philosophy with four pillars that function as the mission of The Florida Bar: providing public service, protecting rights, promoting professionalism and pursuing justice.

[mommadooo3]

When presiding over a case, judges make rulings based solely on the Constitution and other laws,

That is one bald-azzed LIE. Terri's Constitutional rights NEVER mattered.

[floriduh voter]

The Florida Bar failed to mention all the laws that Greer broke and then he used DCF to make up a phony report that would match his work. Terri's wheelchair was broken FOR YEARS. Someone donated a new one to Terri but Michael refused it. DCF said "no neglect or abuse." Tell me another DCF who loses children every single day. DCF is in disarray, now being run by Lucy Hadi. She was promoted and her first big assignment was to GET RID OF THE REAL DCF RECORDS ON TERRI. (mission accomplished). She works for Jeb. Everything had to match in the aftermath and everybody knows it.

This has been tagged Schiavo-Gate. No kidding.

[IleeneWright]

The word is quash.
Squash is produce.


Yes? I think this was meant for someone else? :)

[IleeneWright]

When presiding over a case, judges make rulings based solely on the Constitution and other laws,
That is one bald-azzed LIE. Terri's Constitutional rights NEVER mattered.


Let's see? Like that little pesky Constitutional right which says ALL Americans have the freedom to practice and express their religion-religious faith?

What's the big deal? (evil face/S)

[ClancyJ]

Does anyone know the names of the senators in Florida that voted against the law to save Terri. We must publicize them so that we can work to get them out of office?

And - what about the Florida end-of-life panel that is given law-making ability without the legislature acting?

Does anyone have more info on that panel that is verified?

Is it legal for a state legislature to turn over lawmaking to an unelected panel?

I am basing this question on the following information a Freeper dug up - mercyme posted. (Sorry I have posted this so many times but it is very revealing of what is going on in Florida)

"When Michael Schiavo first asked Judge Shames to allow him to remove terri's feeding tube in 1997, and then again in Judge Greer's court in 1998, the law at the time was not enough to let Greer order the removal of Terri's feeding tube under Terri's circumstances, so the law had to be changed in favor of Michael Schiavo.

In 1998, the florida legislature created the Florida Panel on End-of-Life Care for the purpose of revising the 765 statute for end-of-life issues. They were charged with coming up with the findings for changes in the law for the Florida legislature. Their findings were made law.

Bill CB/CB/SB 2228, which revised the 765 as of October 1, 1999, also gave the authority to the End-to-Life panel to make findings for the legislature and that these findings were to made into law.

The legislature essentially gave them the authority to dictate to the legislature what changes to put in their bills. So the role of End-of-Life panel was not simply to make recommendations, but had the authority to determine what changes would be made into law. -------

Geldart also details the the change in law that permitted nutrition and hydration to be considered medical treatment and the changes to life-prolonging procedures in the absence of advanced directives. Project Grace member William Leonard then points out a common scenario in Florida in his article: an elderly couple moves from out of state to Florida and then one spouse dies within a year 's time. Leonard then expands the definition of family to a neighbor, friend or caregiver who is now in the position of articulating the wishes of the elderly person to withdraw medical treatment, rather than "some distant relative".

And indeed the 765 law was changed to allow an "friend" to say that the person wanted life-pronging procedures withdrawn without a written directive. This also effected the outcome of Terri's case. Authors of Project Grace advocate for terminal sedation (Basta), withdraw of nutrition and hydration (Basta), and the refusal of physician to provide "futile" treatment as unethical even with advanced directive asking for treatments (Doty).

They also state that advanced directives providing for treatment should not carry the same weight as directives withdrawing care, and advanced directives should not compel the physican to provide them, regardless if the patient needs them (Doty). Doty is part of the Florida Bioethics Network as well as Project Grace. One of the changes in the law in CB/CB/SB 2228 includes the Bioethics Network as part of the process of withdrawing care. "

[floriduh voter]

Ping. Terri was happy and healthy on March 17th. On March 18th, her well orchestrated demise began for a third time. Third time was a crime.

Terri was not terminally ill or PVS. Three nurses got fired during the Vigil because they had personal relationships with Terri and Terri laughed at their jokes. They were FIRED because they treated Terri like the person she was.

Terri needed help, that's all. Lots of children and adults have feeding tubes. It's not even conclusive that Terri even needed a feeding tube. Because J. Greer said "no" to new tests for Terri to get a picture of her current condition, Greer said "no" even though Terri was a ward and he was supposed to be looking out for her interests instead of making a pact with the death lobby.

Those with feeding tubes in Florida are planning to leave the state because they are having nightmares that they're next.

SHOULD GUARDIANSHIP JUDGES HAVE NO COMPASSION OR NEVER MEET THE WARD? I'll never forget that Greer usurped the State and Federal Govt. and got away with it. He got away with murder.

[ClancyJ]

The word is quash.

Squash is produce.

Well, we are talking about vegetables you know - LOL.

[lugsoul]

Nope. You mentioned Greer squashing congressional subpoenas, in the post to which I responded.

BTW - Greer didn't quash the subpoenas. He just didn't do anything with regard to them. While he would be required to respond to the one to him, he would not be required to respond on Terri's behalf - i.e. the fact that Congress subpoenaed Terri does not mean that Greer would have to go back and modify any prior order that might have an impact on Terri's ability to comply with the subpoena. In other words, the subpoena would not be considered a directive to Greer to order the tube reinserted. Greer would not be responsible for ensuring that Terri complied with the subpoena to her.

It would be no different in a situation where a judge had ordered someone not to leave the state, and that person was later subpoenaed to Washington. While the subpoenaed party could ask the court to lift its order so he/she could comply with subpoena, the court is under no obligation to do so on its own.

[floriduh voter]

I'm going to look up the Florida Legislators who were the last chance for Terri who voted against her. No bill went to Jeb and that's when Jeb hid in his office after his rescue team turned around.

So Terri was killed thanks to the GOP Nine who include Senator Jim King. The Fla House Republicans also voted no on Terri.

[1L]

I wouldn't say nothing of value, but consider that Florida has about 77% the population of Texas and roughly 7-8% more attorneys.

I was considering going to Florida and taking the bar exam so if I ever decided to move (or retire) there, I'd be licensed. Now I don't think I'll even step foot in that state again.

[Modernman]

The US has more lawyers than the rest of the world combined

This is one of those urban myths that just keeps circulating.

[floriduh voter]

"The plants look great! That's because they are well-watered."

And they weren't stepped on either.

[floriduh voter]

Greer said in the St. Pete Times "I don't let the Ten Commandments get in there." pointing to his courtroom. No kidding. But, murder one is also against the law. Greer's just a crafty, sleazy politician, not worthy to be called a judge.

[ClancyJ]

I'm going to also - except have limited time.

Here is my first stop.

Senators - Can also view the bills they sponsored, committee membership by following the links.

http://www.flsenate.gov/Legislators/index.cfm?Tab=legislators

[floriduh voter]

Greer was acting as her proxy because he would not assign a guardian ad litem. That was another violation of the law. If he was acting as her proxy as he asserted, he was supposed to appear in D.C. Greer is a crafty politician, not a judge. Once that is understood, it's easier to see why he got things done.

He always gets things done - Terri's not the first.

[EternalVigilance]

Greer said in the St. Pete Times "I don't let the Ten Commandments get in there." pointing to his courtroom.

Obviously.

Nor the U.S. or Florida Constitutions...

[nightdriver]

The writer, along with Greer, has just underscored again that the humped-up liberal judges in this country believe in putting only the innocent to death.

[lugsoul]

He was acting as proxy for the health care decision explicitly pursuant to statute, as the request was made. Rather than a 'violation of law,' it was explicitly pursuant to law. If you don't like the law, you would apparently have the ability to do something about it [according to your screen name] other than simply mischaracterizing it. That decision has nothing to do with the three GAL's appointed.

He was proxy, pursuant to statute, for the decision before the court, not for each and every purpose.

I expect some screed in response, but factual accuracy is not partisan. I've heard this canard before, and it would be really helpful if folks would simply read Ch. 765 before offering all kinds of wild opinions about the scope of Greer's authority or responsibility.

[floriduh voter]

Take this out for a spin. Chapter 825 (I think it's .14). Criminal Felony to refuse nutrition and hydration for a disabled person. Greer committed a Criminal Felony.

[the invisib1e hand]

florida bar wouldn't survive and honest RICO investigation.