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He and his cronies in The Florida Bar say he follows the rule of law.
Public record and a televised political commercial prove otherwise.
According to Florida Statutes and past decisions of the Florida Elections Commission, Pinellas County Circuit Court Judge George W. Greer has violated campaign finance laws, Florida Statutes in regard to qualifying for office and has allegedly filed false written instruments with the Florida Division of Elections, allegedly committing at least one misdemeanor.
In that the statute of limitations for misdemeanors is two years, it appears that a formal complaint against Greer could still be filed with FEC which could finally result in an investigation of Greer and his campaign activity and which could lead to charges being brought against Greer which would constitute grounds for his immediate removal from office by executive order of Gov. Bush and/or impeachment by the Florida House. http://www.fec.state.fl.us/
A criminal violation would require Greer's removal from office immediately and put him on the other side of the bench---sans his black robe and gavel.
According to Florida statutes, Gov. Jeb Bush can immediately file an executive
order with the Secretary of State declaring Greer's office vacant.
The proof is on film.
The Governor himself has a legal and constitutional obligation to follow the rule of law and that means removing Greer from his judicial throne.
Greer's 30-second TV commercial which aired during the 2004 campaign allegedly violates Section 106 of the campaign law which prohibits candidates from using the services of state officers or employees in their campaign or using a building owned by a governmental entity to for campaign purposes. The film would seem to be clear and convincing and sufficient to bring charges against Greer and his buddies, state attorney for Pinellas and Pasco Counties, Bernie McCabe, former Pinellas County Sheriff Everett Rice and Sixth Circuit public defender Bob Dillinger.
Greer issued Terri Schiavo's death warrant on self-serving hearsay by Michael Schiavo that Greer said constituted "clear and convincing" evidence that Terri didn't want to be fed by a feeding tube and wanted to due. In 2000, on the petition of Terri Schindler-Schiavo's estranged husband and guardian Michael Schiavo, Greer issued an order removing assisted feeding from the brain damaged woman which caused her death by starvation earlier this year. Greer even went a step further and ordered, contrary to state statutes, that she not be feed orally and that all nutrition and hydration be withheld from her.
The 3rd District Court of Appeals says that the standard of proof needed to sustain a violation of Florida's campaign finance laws and setting fines is "clear and convincing" evidence because the law is essentially penal in nature.
A televised political commercial of alleged violations would seem to constitute "clear and convincing evidence" of Greer's alleged misconduct and be sufficient to remove him from office.
Greer sought reelection in 2004 to another six-year term at $134,649 a year. A Republican, Greer was opposed in the non-partisan election by attorney Jan Govan and collected what was said to be the greatest war chest of campaign contributions ever in a judicial campaign during the height of the Schiavo case, including accepting contributions made by the attorneys representing Michael Schiavo.
The television commercials were paid for by Greer and aired during the summer of 2004. Not only did Greer allegedly violate Florida Statutes pertaining to prohibited political activity of public officers and campaign finance laws, but it appears that so did McCabe, Rice, Dillinger, Hellickson and Paula Shea.
As such, each one could be prosecuted under state law on misdemeanor charges punishable by up to a year in jail and/or $1,000 fine.
So why haven't they been? Why hasn't the Governor's office taken punitive action against the state employees involved for using their state position to influence the outcome of an election?
During the televised commercial, Greer is shown in a courtroom setting in the Pinellas County Courthouse with appearances on tape in support of Greer by Hellickson and Shea, state employees.
Also appearing in the political advertisement endorsing the reelection of Greer is a uniformed officer of the Pinellas County Sheriff's Department, a sheriff's patrol car and several attorneys.
However state law specificially prohibits the use of governmental buildings for political purposes nor can any candidate use the service of any state officer or employee during working hours. Both Hellickson and Shea are state employees. Filming a TV commercial for political purposes inside the Pinellas County building is prohibited for anyone---including George Greer--- especially the use of the courtroom, according to law and judicial ethics opinions issued by the Florida Supreme Court.
A violation of the campaign finance law is a first degree misdemeanor, punishable by a definite term of imprisonment not exceeding one year and a fine may be additionally imposed.
The prohibited political activity of state, county and municipal officers and employees is addressed in Section 104.31 of Florida Statutes, giving cause for the arrest of those entrusted to enforce the state laws----the state attorney, the sheriff and the judge in addition to the state public defender.
So why hasn't it happened? Why hasn't the Governor's office taken steps to sanction his state public officers? Why is he by his inaction condoning alleged violations of campaign finance laws and election law? Why is he allowing George Greer to continue to collect his judicial salary when Greer has allegedly not qualified for judicial office and cannot legally collect compensation to perform judicial duties, in essence impersonating a judge. Why at the minimum has Gov. Bush not ordered an inquiry into the matter, a review of whether or not George Greer is acting with jurisdiction, whether he had jurisdiction to order the barbaric death of disabled Terri Schiavo.
Terri Schiavo, 41, is the brain damaged woman who was at the center of a decade long court battle in Clearwater, Fla., between her estranged husband Michael Schiavo who wanted to end her life, and her parents, Mary and Robert Schindler Sr. who wanted to take her home and care for her. She died of dehydration on March 31, 13 days after her feeding tube was removed by order of Judge Greer and all nutrition and hydration was withheld from her for 13 days despite her valiant efforts to struggle to say "I want to live".
No officer or employee of the state or of any county or municipality shall use his or her official authority or influence for the purpose of interfering with an election or nomination of officer or coercing or influencing another person's vote or affecting the result thereof, the law states.
Using public office and the resources of public office to influence the election of a judge would appear to be an egregious violation of the state's election law and McCabe, Rice, Greer and the others should be held accountable. After all, what kind of example does it set for public officers to violate the laws of the state undeterred and expect the populace to follow the rule of law, the letter of the law.
There appears to be proof positive that George Greer knowingly and willfully violated state election law and didn't follow the rule of law, committing an impeachable offense. Gov. Bush has a constitutional obligation to remove Greer without further delay, seeking to recover all compensation paid to him since 1992 that he has collected without jurisdiction and without legally qualifying for office, even allegedly filing false statements with the state claiming that he had filed the proper documents when public records indicate that he did not.
The law further provides that no officer or employee of the state (which may include McCabe) or any county or municipality thereof may directly or indirectly coerce or attempt to coerce, command or advice any other officer or employee to pay, lend or contribute any part of his or her salary or any money or anything else of value (such as in-kind services of the use of a sheriff's patrol car and employees) to any party, committee, organization, agency or person for political purposes.
To do so, is also a first degree misdemeanor.
In 1973, the Florida legislature created the Florida Elections Commission to enforce the campaign finance laws. The Commission investigates alleged violations upon receipt of a legally sufficient, sworn complaint. If the Commission finds a violation of the election laws, it can levy a fine of up to $1,000 per count. The Governor appoints the chair of the Commission and members are appointed by the Governor from lists of names submitted by legislative leadership.
However, despite the very public allegations that Greer has alleged violated state law with his campaign activity and TV commercial, it doesn't appear that anyone has filed an official complaint against him with the FEC. http://www.fec.state.fl.us/
In that the statute of limitations for misdemeanors is two years, it appears that a formal complaint against Greer could still be filed with FEC which could finally result in an investigation of Greer and his campaign activity.
To obtain a complaint form, see http://www.fec.state.fl.us/complaints/index.html
The jurisdiction of the FEC includes a violation of any provision contained in Chapters 104 and 106, Florida Statutes. Section 106.25(3), Florida Statutes, provides that "[f]or the purposes of commission jurisdiction, a violation shall mean the willful performance of an act prohibited by this chapter or chapter 104 or the willful failure to perform an act required by this chapter or chapter 104." Section 106.265 authorizes the Commission to impose a fine not to exceed $1,000 per violation. There are also several enhanced penalty provisions in Chapter 106.
Willfulness is defined in Section 106.37 as committing an act while knowing or showing reckless disregard of whether the act is prohibited or required by Chapter 104 or 106. A person shows reckless disregard if the person wholly disregards the law without making any reasonable effort to determine whether the act would constitute a violation of Chapter 104 or 106.
Such would seem to be applicable to Judge George Greer and not following the rule of law.
According to the Florida Constitution and Florida Statutes, more than sufficient cause exists to impeach and remove Greer from judicial office without further delay but so far, despite a formal complaint being filed with the Florida House in April, no action has been taken and Gov. Bush has not even ordered an investigation into the matter.
A Clearwater resident filed a formal request with the Florida House of Representatives to initiate immediate articles of impeachment against last spring. She's still waiting for the courtesy of a reply or acknowledgement to her letter.
Pamela F. Hennessy, spokesperson for the Terri Schindler-Schiavo Foundation, filed her formal impeachment request on April 20 with Speaker of the House Allan G. Bense with copies to Reps. Dennis Baxley, David Simmons and Bruce Kyle.
Simmons, (R-Longwood) is chairman of the House Judiciary Committee and Baxley (R-Ocala) is a committee member. Kyle (R-Fort Myers) is chairman of the House Justice Council.
Kyle and Simmons are attorneys.
None of the public officers have responded to Ms. Hennessy.
Simmons had told a group who met with him in late March that he would consider starting an impeachment investigation concerning Greer.
In her letter of April 20, Hennessy said that "In his adjudication of the guardianship case of Terri Schiavo (File 90-2908), Judge Greer has entered what I believe to be illegal orders, which, if proven, would be grounds to conclude he has committed a "misdemeanor in office," as that term is used in Article III, Section 17 of Florida's Constitution.
"As a result of his rulings, Ms. Schiavo is now deceased and irreversible damage has been caused by his disregard of Florida's Statutes as they relate to the rights of incapacitated persons and abuse, neglect and exploitation of vulnerable adults."
Hennessey itemized what she says are only two of the many violations of law in which Greer engaged.
"On March 8, 2005, Judge Greer entered an order stating that Terri Schiavo could not receive food and water by mouth after her gastronomy feeding tube had been removed. This order cannot be reconciled with Florida Statute 825.102 (Abuse, Neglect and Exploitation of Elderly Persons and Disabled Adults), which defines the prohibited conduct:
(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.
"A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; . . ."
"Judge Greer's order requires the commission of a felony - the withholding of oral sustenance and hydration from a disabled adult - something for which no judge at any level has jurisdiction to order and in complete disregard for his sworn duty to uphold the laws of the State of Florida", Hennessy says. "This feature of his ruling should be distinguished from his tube-removal order, an act over which he did have jurisdiction."
"The international scorn already heaped upon and to be heaped upon the United States in general and Florida in particular is directly traceable to this unnecessarily cruel and unlawful order.
"On March 23, 2005, Greer entered an Emergency Order Enforcing Mandate in which he ordered that the Department of Children and Families was restrained from carrying out a protective investigation into allegations of abuse, neglect and exploitation of Terri Schiavo, pursuant to their statutorily mandated duties under Florida Statute Section 415.1051 (Adult Protective Services) which states, in part:
(b) Emergency removal from premises.--If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation.
(c) Emergency medical treatment.--If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult."
"Judge Greer's injunction of DCF from performing its statutorily-mandated duties vividly demonstrates his lack of understanding of the separation of powers between the three branches of government. Instead of accommodating DCF's decision to exercise its authority under the above-cited statute, Judge Greer determined that decision to be offensive to him personally and to the judicial function in general."
"On March 23, 2005, in the order cited above, Judge Greer also ordered that "each and every singular Sheriff of the State of Florida are hereby directed to take such actions or action as is necessary to enforce the provisions hereof."
"In this order, Judge Greer overstepped his own authority under Florida's Constitution and usurped the power of the Executive Branch and Florida's Governor who is Florida's Chief Law Enforcement Officer. Article 4, Section 1 of Florida's Constitution states, in part:
(a) The supreme executive power shall be vested in a governor, who shall be commander-in-chief of all military forces of the state not in active service of the United States. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government.
"Judge George Greer has disregarded Florida's laws and the other branches of government in his rulings in the Schiavo case. I realize there may be some political distaste in pursuing this matter, but unless this judge is reined in, you will see this conduct occur again and again. The instances cited above are so flagrant as to require the House's serious consideration of articles of impeachment."
"I have numerous other records, orders and petitions from the Schiavo guardianship case and will happily get them to you in any form you require. It is imperative that you set to work on this immediately. Not only are Judge Greer's rulings not in keeping with the intent of your laws, they are flagrantly unlawful", Hennessy told Bense and the other officials.
At the time Simmons met with constituents in late March about an impeachment investigation of Greer, he told them he had received numerous emails and letters asking for an investigation of the judge. An Internet petition calling for Greer's impeachment has over 41,000 electronic signatures.
Article 3, Section 17 of the Florida Constitution says circuit court judges "shall be liable to impeachment for misdemeanor in office. Impeachment requires a two-thirds vote by the House and then a two-thirds vote by the Florida Senate to convict him, with the Chief Justice of the Supreme Court presiding over the Senate trial.
Simmons, said "we will look at it and analyze it" but said he wasn't committing to do anything other than review what any constituent tells me as a representative and as chairman of the Judiciary Committee to look at".
There are two ways for a Florida public officer, including a circuit court judge, to be removed from office----impeachment or executive order of Gov. Bush.
Florida Constitution, Article III, Section 17 provides for the impeachment of judges among other public officers, for misdemeanor in office, misdemeanor being defined as a misdeed or offense less than a felony.
With public record supporting the allegation that Greer has not legally qualified for judicial office and allegedly violated election laws resulting in him vacating the office pursuant to Section 114.01, Gov. Bush is required pursuant to Section 114.01(2) to file an executive order with the Secretary of State setting forth the facts which give rise to the vacancy, setting forth the facts which give rise to the vacancy, and he must include in the order the title of the office, the name of the incumbent officer or person who held the office, and the date on which the vacancy in office occurred.
In the case of Greer, pursuant to the laws of the state he is supposed to be upholding, following the rule of law, by failing to qualify for office, he legally failed to obtain access to the ballot and was not legally elected, therefore never acquired legal title to the office. The vacancy would have initially occurred in January, 1998, and would have allegedly prohibited him for seeking "reelection" to a post he had not legally held initially.
Pursuant to Section 114.01, the office shall be considered vacant as of the date specified in the executive order, or in absence of such a date, as of the date the executive order is filed with the Secretary of State. jeb.bush@myflorida.com
Persons wishing to ask Gov. Bush why he has not issued an Executive Order removing Greer from the bench or why minimally he hasn't launched an investigation into Greer's filings for the ballot and alleged misconduct involving his political commercials may contact the Governor at jeb.bush@myflorida.com or his general counsel, Rachel Rodriguez at rachael.rodriguez@myflorida.com. June Maxam 1-16-06
© 2005 North
Country Gazette
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