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 A concerted effort is underway in Florida to petition Gov. Jeb Bush to appoint a special prosecutor to investigate alleged unlawful political activity occurring during the 2004 election of Pinellas County Court judge George W. Greer.
The political activity in question involves the use of position by various Pinellas County public officers and employees in an alleged attempt to influence a judicial election and ultimately affect the outcome of the Terri Schindler-Schiavo case, resulting in the premature death of the brain injured woman.
 Bloggers, members of forums and groups supporting Terri Schiavo including right to lifers, disability advocates and many others are undertaking an organized campaign to petition Bush to implement powers which he is given under the state Constitution to appoint a special prosecutor and empanel a grand jury to investigate the use of government-owned property and use of tax dollars in the Greer campaign.
The alleged ethics violations and misconduct of public officers and employees center around a televised political commercial promoting the reelection of Greer who was being challenged by attorney Jan Govan.
The judicial race was one of the most heavily financed in history with Greer raising nearly $162,000 compared to Govan's $27,761. Greer embarked on a vigorous advertising campaign with flyers, billboard advertising and TV commercials with one commercial, called "The Gavel" airing some 1,782 times between Aug. 9 and Aug. 30, the day before the Aug. 31, 2004 Primary.
On July 2, 2004, a political  commercial promoting the reelection of Greer to the office of Sixth Judicial Circuit Court Judge, Group 18, was filmed on government property, a courtroom in the Pinellas County Courthouse. Both the Florida Elections Commission and Marianne Pasha, public information officer for the sheriff's department, concur on the date the political commercial was filmed. The FEC has confirmed that the courthouse was used for the filming but maintains that permission was granted by Chief Judge David Demers.
Judicial ethics prohibit political activity in a courtroom.
 Participating in the political activity on governmental property in uniform, allegedly while on duty, was William Cunningham, a deputy with the Pinellas County Sheriff's Department. A patrol car was also used with the knowledge and consent (and perhaps order) of Sheriff Everett Rice, according to Pasha. According to payroll records, Cunningham was paid with taxpayer funds for eight hours on Friday, July 2, 2004, the day the commercial was filmed.
The FEC has maintained that the employees and officers appearing in the political ad were doing so on their own time, however, the state's Code of Ethics doesn't differentiate, stating only that lending the influence of the position whether on or off duty is improper.
Also appearing in the commercial were James Hellickson, a  ssistant prosecutor in the office of Sixth Circuit state attorney Bernie McCabe (left)and Paula Shea, assistant in the office of Sixth Circuit public defender Bob Dillinger (right). Both of them were identified in writing on the screen and both allegedly unlawfully lent the influence of their titles and positions to attempt to influence a judicial election.
Others appearing in the political advertisement, allegedly improperly, were court officers and employees of the Sixth Circuit, names as yet unknown to NCG.
The appearance of the public officers and employees in the political commercial endorsing Greer, who booms at the end of the spot that he "approves of this ad because we need to keep integrity in the courtroom" appeared to be an attempt to influence the outcome of a judicial election, in essence controlling a judgeship and controlling the outcome of the Terri Schindler Schiavo case at a time when Sheriff Rice and Prosecutor McCabe had steadfastly refused to perform the duties of their respective offices to investigate matters of alleged criminal wrongdoing in the Schiavo case.
Bush is empowered under the Constitution to appoint a special prosecutor.
Under Article IV, Section 1(a) Florida Constitution, the governor is vested with "supreme executive power". Further, the Governor "shall take care that the laws be faithfully executed" and commissions "all officers of the state and counties".
Under the general law of the state, the governor may, by executive order filed with the Department of State, assign state attorneys "one of more specified investigations, cases or matters. Specifically, Section 27.14(1) Florida Statutes provides if any state attorney is disqualified to represent the state in any investigation, case or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases or matters specified in general in the executive order of the Governor.
In this case, it would be legally required that a special prosecutor be assigned to investigate this matter as McCabe, state attorney for the Sixth Circuit, is directly and personally involved in the matter and would be a subject of the investigation as well as an employee of his office, therefore McCabe by law has a prohibited conflict of interest and must be disqualified.
As Governor, Bush frequently issues executive orders appointing another state attorney to investigate and prosecute cases free from the taint of appearance of conflict of interest or impropriety.
For instance, in the investigation of the Martin Lee Anderson case, the teenager who died in January at a Bay County boot camp, Bush appointed Hillsborough County state attorney Mark Obers to handle the investigation.
The group petitioning for a special prosecutor argues that "good and sufficient reason exists for the Governor to determine that the ends of justice would be best served by assigning another state attorney to investigate the alleged improper use of public office, public funds and government property to influence the outcome of a judicial election and ultimately the outcome of the high profile Schiavo case".
"A public office is a public trust" Section Article II, §8(a) Florida Constitution. Moreover, "the people shall have the right to secure and sustain that trust against abuse.
The group maintains that the officers and employees have violated Article II, Section 8 of the Florida Constitution as it relates to breach of the public trust for private gain and inducing others to breach the public trust for private gain as well as Article II, Section 5.
The petition also claims that violations of Florida's Code of Ethics have occurred. Under Section 8, any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions.
Under the state's code of ethics, the statute of limitations is five years. In that the activity in question occurred two years ago, complaints filed under the ethics code would be timely.
Requests for a special prosecutor to initiate a political probe into the involvement of Rice, McCabe, Dillinger and their employees in the Greer commercial may contact the Governor's office by email at jeb.bush@myflorida.com, phone 850-488-4441 or fax 850-487-0801.
Other agencies to contact are as follows:
Florida Department of Management Service
Office of Secretary
4050 Esplandade Way
Tallahassee, Fla. 32399-0950
Phone 850-488-2786
Fax 850-922-6149
Florida Commission on Ethics
PO Box Drawer 15709
Tallahassee, Fal. 32317-5709
Phone 850-488-7864
Fax 850-488-3077
Florida Secretary of State
Division of Elections
Phone 850-245-6200
Fax 850-245-6217
DOE@dos.state.fl.us
Florida Office of Inspector General
Florida Department of State
Clifton Building
2661 Executive Center Circle Suite 320
Tallahassee, Fla. 32301
Phone 850-245-6195
Fax 850-245-6196
kmole@dos.state.fl.us
klparker@dos.state.fl.us
Florida Department of State
Sue M. Cobb
Secretary of State
R.A. Gray Building
500 S. Bronough St.
Tallahassee, Fl. 32399-0250
Phone 850-245-6500
secretaryofstate@dos.state.fl.us
For a list of talk show hosts and contact numbers, see http://www.northcountrygazette.org/articles/090806CommonTraits.html
Persons interested in assisting with the request to the Governor may also contact newspapers and various action groups.
Anyone wishing further information about the Political Probe campaign or a copy of the letter to Bush may contact news@northcountrygazette.org.
9-11-06
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© 2006 North
Country Gazette
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