The court has the final say

first_imgThe court has the final say September 15, 2000 Regular News The court has the final say Since the dawn of the Judicial Qualifications Commission, Florida Supreme Court justices, whose duty it is to have the final say after giving “great weight” to the group’s recommendations, have wrestled with how to carry out discipline of judges consistently and fairly. In the very first case to come before the JQC in 1970, that was apparent. A judge had a falling out with his colleagues about how to run the courts in their circuit, and he took his concerns to the local newspaper. Fellow judges had complained he created chaos in the system and publicly embarrassed them. The JQC wanted the judge in question to submit to a psychological exam, but he refused. The Supreme Court ordered that the recommendation of the JQC be followed: a public reprimand for “failing to follow recognized methods of proposing changes in judicial procedure.” But Justice Richard Ervin disagreed, saying the judge had the free speech right to publicly explain his side of the dispute. “Here, the commission in its very first inquiry essayed to venture into a very nebulous and debatable situation involving the psychological motivation of a judge, and in the process equated his right to speak out on the subject of judicial reform as the prime example of his unbecoming conduct and his bad behavior,” Justice Ervin wrote in his dissent. “so venturing, we have at our threshold for the first review of findings of the commission, issues that set at stake the most fundamental concepts of a free democratic society.” There was no showing that the judge was “corrupt, senile or insane,” but only that he “rocked the boat and annoyed his fellow judges,” Justice Ervin wrote. In a 1996 case, a judge falsified records by backdating pleas in DUI cases. It had the dual effect of not showing up on the clerk’s record as part of the judge’s pending caseload, but also allowed drivers to stay behind the wheel when their licenses were supposed to have been revoked for six months. The JQC and the majority of justices agreed the judge should be removed from office because “knowing and repeated acts of falsifying public records strike at the very heart of judicial integrity.” But Justice Leander Shaw dissented, and Justice Harry Lee Anstead concurred: “Her openness convinces me that she was oblivious to the seriousness of her impropriety.. . . It seems inequitable to remove [this judge] when [another judge] received a public reprimand for lying in open court, falsifying records and convicting DUI defendants without a plea or trial in cases where the defendants failed to appear.” To Justices Shaw and Anstead, the middle ground punishment of six months suspension — a new option that became available in 1996 — seemed the fair way to go. In a 1975 dissent that agreed with the JQC to remove a Supreme Court justice from office [after the court majority ordered a reprimand], retired Florida Supreme Court Justice Alto Adams wove in a little history lesson: “We inherited the impeachment law from the Mother Country. It has proven to be most unworkable and unsatisfactory. “On November 8, 1966, Floridians approved a revision of the Constitution setting up the JQC.. . . It is rather significant to point out that the commission is composed of a rather select group of judges and laymen. Therefore, their recommendation comes to us with perhaps a greater dignity than a verdict of a jury or the findings of a grand jury. We should certainly be very reluctant to repudiate their findings of fact.” And former Justice Adams stressed: “The client can choose his lawyer, but his judge is chosen for him. Therefore, it would seem that a much higher standard would be required of judges than lawyers.” In a 1993 dissent arguing that a reprimand was more fair than the removal from office that was ultimately carried out, Justice Parker Lee McDonald wrote the blueprint for an honorable judiciary: “I would remind [the judge] that judges are servants of the people in a unique way. We have huge power over the property and lives of many people. This power must be responsibly and reflectively utilized. All persons must be treated equally and impartially. A judge must not react in anger to any situation. “At all times, we must serve the public interest by promoting justice and avoiding any impropriety or appearance thereof. Courtesy to all is an essential trait of a respected judge. “We must not be swayed by partisan demands, public clamor or considerations of personal popularity, nor apprehension of unjust criticism. “A judge should be careful to assure that in every particular the judge’s conduct should be above reproach. He should not use his office for political power or retribution against his detractors.”last_img read more

Arsenal and Chelsea to rival Man Utd in race for £26m defender

first_imgAdvertisement Advertisement Meunier is on Solskjaer’s list of potential right-backs to replace Valencia (Picture: Getty)However, RMC Sport report that United are not the only Premier League club paying ‘close attention’ to Meunier, who looks increasingly likely to leave Paris.AdvertisementAdvertisementADVERTISEMENTThe 27-year-old’s current contract expires in 2020 and PSG have not offered him a new deal, with the French champions instead looking to cash in.More: FootballRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starChelsea defender Fikayo Tomori reveals why he made U-turn over transfer deadline day moveMikel Arteta rates Thomas Partey’s chances of making his Arsenal debut vs Man CityMeunier will be allowed to leave for €30million (£26m), alerting a host of club’s to his availability, and all of United, Arsenal and Chelsea are in the market for a new right-back this summer.However, United hold the upper hand because Meunier is a fan of the club and he would jump at the chance to play at Old Trafford. Comment Metro Sport ReporterThursday 25 Apr 2019 9:50 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link755Sharescenter_img The Belgian has already said he would like to play in the Premier League (Picture: Getty)Manchester United face significant competition to sign PSG defender Thomas Meunier after both Arsenal and Chelsea registered their interest in the Belgian.Ole Gunnar Solskjaer is preparing to spend big this summer to overhaul his squad and is in need of a new right-back, with club captain Antonio Valencia set to leave the club when his contract expires.United have been linked with a host of replacements, though Meunier and Crystal Palace’s impressive young full-back Aaron Wan-Bissaka are believed to be the main names in the frame. Meunier has previously revealed that he supported Man United growing up (Picture: Getty)The Belgian was asked about the rumours surrounding his future this week and admitted he would be open to moving to England, saying he ‘never hid’ his desire to test himself in the Premier League.On his contract situation he added: ‘The discussions with management are hanging around a bit. I can understand because of the deadlines of the team that my personal case was put in the fridge, but since then nothing has happened, the message seems clear enough.‘It would annoy me a little if it ends like that, without having the opportunity to finish beautifully. It’s true, I had a rough season, but a title is still a title and I am very happy. You know, even if I only took part in four or five matches in 2019, my stats, offensive and defensive, are among the best in the PSG defence alongside Bernat’s.’More: Manchester United FCRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starNew Manchester United signing Facundo Pellistri responds to Edinson Cavani praiseEx-Man Utd coach blasts Ed Woodward for two key transfer errors Arsenal and Chelsea join Manchester Utd in battle to sign PSG defender Thomas Meunierlast_img read more

Search for Sala plane pilot to resume next week: family

first_imgThe fundraising page, which has so far raised nearly £250,000 (287,000 euros, $327,000), said there would also be “helicopter searches of the coastal areas”.The small aircraft, which was carrying the Cardiff City striker from his former club Nantes in France to Britain, disappeared from radar on January 21.Sala’s body was recovered on February 7 from the submerged wreck of the plane and his funeral was held on Saturday in his home town of Progreso in Argentina.The plane was located by a shipwreck hunting company, Blue Water Recoveries, hired by Sala’s family thanks to crowdfunding after a search for the plane was suspended.Ibbotson’s body was never found and investigators said they suspended the search because of bad weather.David Mearns, director of Blue Water Recoveries, said on Tuesday that he had been assisting Ibbotson’s family.“This search is technically very different to the underwater search for the Piper Malibu aircraft. It is dependent on good weather, neap tides and flight permits.“The ‘search’ will include a dive to the wreck to rule out 100% that David’s body is there and a helicopter search of inaccessible coastal areas in the Channel Islands using trained pilots and observers,” he wrote.0Shares0000(Visited 1 times, 1 visits today) 0Shares0000FC Nantes supporters gather in front of a portrait of late Argentinian forward Emiliano Sala prior to the French L1 football match against Nimes Olympique at the La Beaujoire stadium in Nantes, western France on February 10, 2019 © AFP/File / LOIC VENANCELONDON, United Kingdom, Feb 19 – A search for the pilot of a plane carrying footballer Emiliano Sala which crashed in the Channel last month is set to resume next week, his family said on Tuesday.David Ibbotson’s family said on a crowdfunding page to raise money for the search that divers would begin looking for the body “hopefully beginning of next week”.last_img read more