Many legal cases are tried as the defendant vs. the people of the State, therefore the governor of Florida, is the people's voice in this particular case. The fact that the judge dismissed the governor's letter out of hand, basically tossing it into the circular file, is reprehensible.
The judge is supposed to represent the ideals and wishes of the people of the State, when deciding on legal matters, correct?
It seems to me that the judge has a personal conflict of interest in this case.
I've compiled portions of the Florida Constitution having a bearing on the available (limited) legal options Governor Bush can employ to assist Terri, with inserted comment .
It must now be obvious to even those who chose not to see that the dishonorable Judge Greer is determined to provide any and every assistance to bring about the very slow and painful death of Terri Schindler-Schiavo. He has put the governor on notice that he will not be moved by concerns expressed by tens of thousands of American Citizens from every state in the union.
Displaying a stone cold arrogance last visited by humanity through the butchers Hitler employed to carry out 'the final solution', Greer mockingly commented he 'filed' the Bush plea for reasonableness.
State of Florida Constitution
Article III, Section 3, (c)(1)
(c) SPECIAL SESSIONS.
(1) The governor, by proclamation stating the purpose, may convene the legislature in special session during which only such legislative business may be transacted as is within the purview of the proclamation, or of a communication from the governor, or is introduced by consent of two-thirds of the membership of each house.
Comment: An immediate call of the Legislature to enact law to severely restrict and specify the circumstances within which any Florida court may order the death of an aged or infirmed Citizen ( euthanasia ) - using the wreakless and barbaric abuse of court authority applied in the matter of Terri Schindler-Schiavo as their reference.
SECTION 8. Executive approval and veto.--
(a) Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation.
SECTION 17. Impeachment.--
(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The house of representatives by two-thirds vote shall have the power to impeach an officer. ...."
Comment: It is wishful thinking to hope action can be taken against der Bezirksrichter Greer. Unless he is over seventy years (age limitation), or he's committed a misdemeanor, we're paddling without oars.
ARTICLE IV - EXECUTIVE
SECTION 8. Clemency.--
(a) Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian of state records, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses. ...."
Comment: Summer, granting a reprieve is a temporary action a governor can do independent of the other two branches of government. Governor Bush sent a personal letter to the judge; having as much weight as a letter you would / have already sent to that despicable misrepresentation of American justice.
ARTICLE V - JUDICIARY
SECTION 5. Circuit courts.--
(a) ORGANIZATION.--There shall be a circuit court serving each judicial circuit.
(b) JURISDICTION.--The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs of mandamus, quo warranto, certiorari, prohibition and habeas corpus, and all writs necessary or proper to the complete exercise of their jurisdiction. Jurisdiction of the circuit court shall be uniform throughout the state. They shall have the power of direct review of administrative action prescribed by general law.
Comment: The usual pap for a functioning court.
SECTION 12. Discipline; removal and retirement.--
(a) JUDICIAL QUALIFICATIONS COMMISSION.--A judicial qualifications commission is created.
(1) There shall be a judicial qualifications commission vested with jurisdiction to investigate and recommend to the Supreme Court of Florida the removal from office of any justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966, (without regard to the effective date of this section) demonstrates a present unfitness to hold office, and to investigate and recommend the discipline of a justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966 (without regard to the effective date of this section), warrants such discipline. For purposes of this section, discipline is defined as any or all of the following: reprimand, fine, suspension with or without pay, or lawyer discipline....."
Comment: Lawyer buzz that is only implemented if all of the following prerequisites are met: the crime must have been attempted or completed by one of their own at high-noon on a highly traveled roadway on a Tuesday and he or she has publicly acknowledged he or she is the perpetrator in writing witnessed by a notary public in good standing within fifteen minutes of the commission of a crime.
ARTICLE VI - SUFFRAGE AND ELECTIONS
SECTION 4. Disqualifications.--
(a) No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability.
Comment: I would suggest that Terri's friends and family elect her dog catcher , or some such thing. In the alternative, Governor Bush appoint her to one of the bazillion commissions in Florida - forcing her intended killers into an open court evidentiary battle over Terri's cognitive abilities.
120 posted on 08/28/2003 6:25 AM EDT by Robert Drobot