Pubdate: Thu, 03 May 2007
Source: Miami Herald (FL)
Copyright: 2007 The Miami Herald
Contact:  http://www.miami.com/mld/miamiherald/
Details: http://www.mapinc.org/media/262

INTEMPERATE JUDGES TARNISH JUSTICE SYSTEM

Broward Bench's 'Rough Patch' Needs Effective Reforms

Maybe Gerald Kogan, a former Florida chief justice, is right. Maybe 
Broward County's judicial bench is just going through "a rough 
patch." Or maybe the serial missteps by Broward judges is part of an 
endemic problem -- say a lack of diversity in Broward courts, or 
insularity in a county where judges rarely face reelection challenges.

In The Eyes Of The Law

Whatever the cause, the buck stops with Chief Judge Dale Ross. He 
must take steps to repair Broward courts' tarnished image caused by 
errant judges or make room for a leader who can. The latest gaffe 
comes from Criminal Administrative Judge Charles Greene. After a jury 
delivered a not-guilty verdict in an attempted first-degree murder 
case in April, the judge made a remark that court insiders link to 
minorities and others considered less than equal in the eyes of the 
law. The case, which involved a black defendant, black victims and a 
black witness, is an "N.H.I.," Judge Greene told lawyers.

"N.H.I." is shorthand for "No human involved," a phrase from the 
1970s used to describe why some crimes against prostitutes and gay 
and black victims were not pursued as vigorously as those against 
white victims. On Monday Judge Greene lamely explained that he was 
describing how the jury regarded a witness' testimony. That doesn't 
wash, coming from a seasoned criminal-trial judge in a justice system 
known to have its biases on occasion. Later, seeing the harm this 
insensitive comment could do to criminal courts' credibility, Judge 
Greene asked to be reassigned.

Before this incident, there was Circuit Judge Lawrence Korda's 
request to be reassigned after he was arrested in a public park for 
allegedly smoking pot. Also, there was Circuit Judge Larry Seidlin's 
media- inspired melt-down while presiding over proceedings to decide 
where Anna Nicole Smith's body would be buried. Circuit Judge Cheryl 
Aleman is fighting misconduct charges for alleged mistreatment of 
attorneys and defendants. And Judge Ross did himself no favor when he 
pleaded ignorance last year to the practice of some Broward judges to 
conceal court cases on secret dockets. The Florida Supreme Court 
subsequently barred use of secret dockets.

Sarcastic Comments

After several Broward judges were accused of making racially and 
ethnically offensive remarks, Judge Ross last June ordered all judges 
and magistrates to attend sensitivity training. Some balked, which 
doesn't reflect well on his authority. Judge Ross took the course, 
but still made sarcastic comments about Hispanics and rap music at a 
March hearing. Hello, Broward judges: This is the 21st century in 
diverse South Florida. If you can't handle these realities with 
respect and dignity for all, get another job.
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MAP posted-by: Beth Wehrman