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Smoke and mirrors.
 Is the Florida Elections Commission attempting to hoodwink the public, using illusionary tactics to try and make the public believe that they are earnestly pursuing complaints against Sixth Circuit Court judge George W. Greer's alleged campaign violations when actually it is their intent to mark them unfounded and dump them?
Then there's the Judicial Qualifications Commission, refusing to even give the illusion of investigating a bona fide ethics complaint against Greer although established judicial ethics opinions have determined that such behavior and actions as undertaken by Greer violate the state's Code of Judicial Conduct.
The JQC appears to be little more than an agency designed to make it appear that there is oversight of the state's judiciary. Although acknowledging that they receive an average of over 5,000 complaints a month indicating that the public perceives a serious existing in Florida's judiciary, since its formation in 1970, in 36 years only 78 judges have been disciplined and only 13 removed from the bench.
Ethics rulings have held that a judge must ensure that extrajudicial activities do not cast reasonable doubt on the judge's capacity to act impartially as a judge. Here the inquiring judge proposes to comment extensively on national and international issues arising, and issues which have actually arisen in other courts around the United States. In this context, it would be nearly impossible for the judge to avoid injecting his own legal opinion or foreshadowing how he might rule on a contested legal issue.
Of course the world knows where George Greer stands on euthanasia and self-serving hearsay evidence, serving in the conflicted roles as judge and guardian, denying a party their right to counsel and defying federal subpoenas.
Pinellas County's George Greer has certainly grossly diminished public confidence in this country's judiciary.
In regard to the alleged violations of Greer with election law, after The North Country Gazette publicized on July 23 the fact that the Florida Elections Commission (FEC) had failed to follow their own rules and state law in responding to a substantiated complaint filed against Greer in April for alleged violations of Florida Statutes pertaining to his televised political commercials, suddenly the FEC has scheduled a probable cause hearing in the matter.
Several complaints against Greer were filed with the FEC earlier this year and in the case of the one heavily documented complaint filed in early April by several individuals close to the Schiavo case, the FEC had failed to comply with its own regulations and had not acknowledged the filing of the complaint. Accompanying the formal, notarized FEC complaint form was a DVD of Greer's TV commercial which aired on several Florida TV stations in August 2004 including BayNews 9.
Another formal complaint had been filed in March by a Florida resident. Suddenly, after the appearance of The North Country Gazette article on July 23 questioning the procedures and actions of the FEC, that complainant has been advised that a probable cause hearing has been scheduled the FEC's regular meeting Aug. 17 at 4 p.m. at the Turnbull Conference Center, 555 W. Pensacola St., Room 2444, Tallahassee.
http://www.northcountrygazette.org/articles/072306SchiavoReward.html
In August, 2004, during the race for Sixth Judicial Circuit Court judge between Schiavo death judge Greer and challenger Jan Govan, Greer's 30-second TV commercial aired in and around Pinellas County, including the Fox TV affiliate and Bay News 9, supporting the candidacy of Greer for reelection, allegedly violating Section 106 of Florida's 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.
Part of the commercial was filed in a courtroom with what appear to be officers of the Sixth Judicial Circuit.
The film would seem to be clear and convincing evidence, 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.
  
The commercial clearly shows Greer seated on the bench with his nameplate at what appears to be the Pinellas County Courthouse. Included in the commercial endorsing Greer are Jim Hellickson of McCabe's state attorney's office, Paula Shea, assistant public defender and a uniformed officer of the Pinellas County Sheriff's Department with a sheriff's patrol car in the background. Those appearances are illegal by statute.
The interpretation of the state statutes would be that the use of governmental buildings and property for political purposes is prohibited. The statutes would also be interpreted that no candidate, not even George Greer, can use the service of any state, county, municipal or district officer or employee during working hours.
At the time the commercial was filmed, Rice was the Pinellas County sheriff. State statutes prohibit public officers such as Rice, McCabe and Dillinger from lending the influence of their positions and office to influence an election.
That commercial can be seen here.
http://www.northcountrygazette.org/articles/011706JudgingGeorgeGreer.html
Is George W. Greer guilty of a misdemeanor for violating Florida's campaign laws?
The facts would indicate a resounding yes. In fact, there are precedent decisions by FEC prohibiting use of governmental buildings and soliciting political contributions in a governmental building.
In that the statute of limitations for misdemeanors is two years, the state attorney's office of Bernie McCabe can't claim expiration of the statute in Greer's case but then McCabe couldn't prosecute it because he is directly involved and should himself be charged under Florida Statutes Section 106 along with Rice and Dillinger.
However, with the FEC dragging its feet from March until now to apparently find that the filed complaints are legally sufficient and for them to have been investigated, by not scheduling a probable cause hearing until Aug. 17, is the state engaging in a ploy to now claim that no action can be taken because the statute of limitations as expired even though the complaints were filed well in advance of the two year window?
If the FEC finds a violation of the election laws has occurred, 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.
Chance Irvine of Orange Park is the current chairperson.
According to FEC rules, once a complaint is deemed legally sufficient, commission staff must investigate all violations specifically alleged in the sworn complaint(s).
A subpoena necessary to gather evidence during the investigation of a legally sufficient complaint shall be executed and issued by the executive director. The subpoena shall contain a notice that the person to whom the subpoena is directed, in this case Greer, may file a motion to quash or limit the subpoena with the Commission clerk and state the ground relied upon. At the request of any party, the Commission clerk shall schedule a motion hearing before a commissioner designated by the chairman to hear such non-dispositive matters. The filing of such a motion shall toll the time for responding to the subpoena. If the motion to quash is denied, the subpoena shall be complied with within five days of an oral or written ruling on the motion, whichever occurs first.
The individual conducting the investigation shall prepare a report of the results of the investigation, including relevant documents or other evidence gathered during the investigation.
The staff of the Commission shall make a recommendation of whether there is probable cause or no probable cause in each case. All staff recommendations shall be reviewed by the executive director who shall ensure that legally sufficient complaints alleging a violation of Section 104.271(2), Florida Statutes, shall be given priority in the allocation of investigative and legal resources. Any request for hearing before the Commission shall be scheduled for its first available meeting.
The respondent, the complainant, and their respective counsels shall be permitted to attend the hearing at which the commission determines probable cause. Notice of the hearing shall be sent to the respondent and the complainant at least 14 days before the date of the hearing. The respondent and his or her counsel shall be permitted to make a brief oral statement in the nature of oral argument to the Commission before the Commission determines probable cause.
The Commission's determination of probable cause shall be based upon the complaint, report of investigation, staff recommendations, any written statements submitted by the respondent, and any oral statements made at the probable cause hearing. After the hearing, the Commission shall: Issue an order finding probable cause to believe that specific sections of the law have been violated issue an order finding no probable cause to believe a violation has occurred; or return the matter to Commission staff for additional investigation.
The commission clerk shall send a copy of the Commission's order determining probable cause or no probable cause to the complainant and the respondent.
An order of no probable cause shall constitute final agency action.
The question that would immediately come forward in the matter of George Greer is if the FEC is just following through the steps and engaging in a smoke and mirrors display for the sake of appearances.
The Judicial Qualifications Commission doesn't even bother to give the appearance that they will consider any serious, documented complaints against Greer, essentially dismissing any and all complaints of judicial misconduct against Greer as soon as they are filed even though there are established judicial ethics opinions which prohibit the conduct in which Greer is engaged.
A complaint against Greer, filed May 19, for appearing as the lead speaker at the 10th anniversary symposium of the University of Pennsylvania Center for Bioethics in Philadelphia, Pa., has been summarily dismissed by the JQC in a terse one paragraph statement issued July 17. COMPLAINT
Greer's presentation was titled "Who Should Decide: Courts/Legislators" at the one-sided symposium which supported the judicial homicide of brain damaged Terri Schiavo. Appearing with Greer were Michael Schiavo, guardian ad litem Jay Wolfson, hospice CEO Mary Labyak and Ronald "Dr. Humane Death" appeared. The theme of the symposium was "The Legacy of the Terri Schiavo Case: Why Is It so Hard To Die In America".
http://beansidhe.isc-net.upenn.edu:8080/ramgen/BioEthics/courts_legislaters.rm
No one from the other side of the case was invited to speak.
Canon 2 of Florida's Judicial Code says that "a judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
An ethics opinion issued by the Florida Supreme Court on judicial ethics lends substance to the claim that Greer was ethically precluded from appearing with Schiavo, Wolfson, Labyak and others at the out-of-state symposium with Greer using his position to advance the interests of the pro-euthanasia sect, right to die interests.
Florida ethics opinion 2005-09 of April 7, 2005 addressed the issue if a judge can ethically engage in extra-judicial conduct, particularly as a presenter at a symposium on a specific legal issue. The ruling was no, he can't. By appearing with the principals involved in the Schiavo case that were hell bent to kill Terri Schiavo, Greer associated himself with an advocacy group, advocates for euthanasia, the death cult and participated in activity that gives the appearance of bias against a class of litigants---litigants such as Terri's parents, Mary and Bob Schindler, who fought Michael Schiavo in Greer's court for over eight years to try and save their daughter's life.
In its refusal to review Greer's appearance, James Wolf, JQC chairman said that "the members of the Investigative Panel of the Judicial Qualifications Commission met on Friday, July 14 and considered your complaint filed in the above styled matter. After FULL (emphasis added) consideration of the complaint, the commission concluded that the matter does not warrant further proceedings by the commission. Accordingly, the commission has requested I advise you that the complaint has been dismissed and the file closed".
RESPONSE TO COMPLAINT
By Greer appearing with the plaintiffs in the case, many contend that he gave the appearance of bias in favor of killing the disabled and lent the prestige of his judicial office to advance the private interests of Cranford, Michael Schiavo, Wolfson, Labyak and bioethicist Arthur Caplan in addition to the others appearing at the bioethics symposium.
According to ethics rulings, Canon 2B is a general prohibition against a judge from lending the prestige of judicial office to advance the private interests of the judge or others. Another Canon provides that a judge's extrajudicial activities must be conducted in a such a manner so that they do not cast reasonable doubt on the judge's capacity to act impartially as judge, demean the judicial office of interfere with the proper performance of judicial duties.
The JQC is supposed to be an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges. It is not a part of the Florida Supreme Court or the state courts and operates under rules it establishes for itself, an autonomy unto itself.
There are 15 members of the JQC although their website fails to list the name of the members. Two must be district court of appeal judges chosen by all the judges of the five district courts. Two must be circuit court judges chosen by all the judges of the 20 judicial circuits. Two must be county court judges chosen by all the judges of the 67 county courts. Four must be registered voters who also are lawyers, chosen by the Board of Governors of The Florida Bar. The final five must be non-lawyers who are registered voters, chosen by the Governor. The JQC must have a two thirds majority decision to make a recommendation to the Florida Supreme Court, thus the judicial members and lawyers of the commission could outvote the laypeople on the commission and block the investigation of their fellow judges and lawyers.
At the symposium, Greer mocked the Schindler family and denigrated them for exercising their Constitutional right to seek redress of grievances in the court. According to Greer, if he'd had his way, he would deny litigants the appeal process, deny them their access to the courts unless they concur with his rulings. He clearly stated that he felt he should be autonomous and was obviously irritated because his rulings in the Schiavo case were not only challenged in the appellate courts and Supreme Court but also by the legislative and executive branches of government. Greer obviously doesn't feel that he should have any oversight, commenting that hopefully he wouldn't feel bad about reversals. He obviously doesn't advocate the balance of power or separation of powers---he wants all the power tilted to the "independent" judiciary.
Greer's cavalier, sarcastic and joking approach to the death of a handicapped woman is an affront to society and should have constituted immediate grounds for his removal from the bench and indeed, any office of public trust as he clearly lacks the proper sensitivity for any public position. He treated his killing of a disabled individual as a big joke and clearly demonstrated his total lack of impartiality in the Schiavo case as well as his disdain for the Schindler family and their representatives.
Greer has been on a traveling road show the last couple of months, appearing with all the right-to-die proponents and clearly aligning himself with the euthanasia-Dr. Kevorkian sect. Canon 2B is a general prohibition of a judge from lending the prestige of judicial office to advance the private interests of the judge or others----and that's exactly what George Greer has been doing by appearing at these bioethics symposiums and the program at Boston University for the School of Public Health. He has become the death judge of America, on a public speaking tour to advocate the killing of the vulnerable and disabled in America.
Canon 5A of the Code of Judicial Conduct which addresses extrajudicial activities in general states, "a judge shall conduct all of the judge's extra-judicial activities so that the do not cast reasonable doubt on the judge's capacity to act impartially as a judge, demean the judicial office of interfere with the proper performance of judicial duties.
Irresponsible or improper conduct by judges such as Greer erodes public confidence in the judiciary. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions on the judge's conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. Examples are the restrictions on judicial speech imposed by Sections 3B(9) and (10) that are indispensable to the maintenance of the integrity, impartiality, and independence of the judiciary.
Maintaining the prestige of judicial office is essential to a system of government in which the judiciary functions independently of the executive and legislative branches. Respect for the judicial office facilitates the orderly conduct of legitimate judicial functions. Judges should distinguish between proper and improper use of the prestige of office in all of their activities.
The judiciary across the country is whining that their judicial independence is being undermined. Judges like George Greer openly demonstrate that they feel they are above the law and that attitude is fueling the charge in this country against judicial tyranny, and rightfully so.
The Rule of Terri continues in the Schiavo case. No matter how much proof is presented against Schiavo, Greer or any of the principals of the case, they are allowed to escape prosecution or accountability.
FLORIDA SUPREME COURT COMMITTEE ON STANDARDS OF CONDUCT GOVERNING JUDGES
CODE OF JUDICIAL CONDUCT FOR THE STATE OF FLORIDA
8-3-06
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