Originally Posted - December 12, 2006

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LARGO---Pinellas County Judge Crockell Farnell has finally admitted he ran his mouth once too often requiring his recusal from the contempt case involving Lucy Hadi, secretary of Florida's Department of Children and Families.

Attorneys for DCF had filed a motion for Farnell's removal from a case involving the social services agency's failure to timely transfer mentally ill inmates to secure hospital facilities with the 15-day time frame after the inmates have been declared mentally incompetent to stand trial.

Farnell had charged Hadi with seven counts of indirect criminal contempt which could subject her to jail time if found guilty, saying that Hadi had ignored his order to move the inmates. Earlier this month, he fined Hadi $80,000 and the following day, Hadi submitted her resignation. DCF is appealing the fine.

After Farnell publicly commented on the case to the St. Petersburg Times and Tampa Tribune, saying that he would "love to" jail Hadi, DCF filed a motion for his recusal, arguing that Farnell's public comments indicated he couldn't be impartial in the matter.

Farnell disqualified himself in a written order on Monday but took the occasion to direct harsh criticism at Hadi and DCF.   ORDER OF RECUSAL

"Rather than engage in positive discussions regarding the funds to resolve this dreadful problem, representatives of the Department react with the shallow excuse that there is no money available and the suggestion that this court should not concern itself with the Department's business. In discussing its funding problems, the Department ignores its abysmal planning and seemingly disregards the great financial burden placed on the counties forced to perform its duties by the Department's absence".

Farnell also wrote that "a society is judged on how it treats its weakest and most unfortunate citizens. In this regard, we have failed", reminiscent of how the judges in the Sixth Judicial Circuit had failed brain damaged Terri Schiavo.

He continued to insist that he could be fair but said that DCF's motion was legally sufficient to cause his disqualification.

After Hadi was charged with contempt, DCF said it had found $5 million to fund 85 more beds by mid-December but said that more money was needed to solve the problem. They had allocated another $6.8 million from the 2006 budget in October to fund 87 beds.

Several inmates at the Pinellas County Jail who should have been transferred gouged their eyes out.

Hadi and DCF had been scheduled to reappear before Farnell on Dec. 14 for another hearing. A new judge will be assigned to the case by chief judge David Demers.

Gov. Jeb Bush had accused Farnell of having a judicial temper tantrum.

Farnell will be retiring from the bench at year's end.

In other court action statewide involving the DCF concerning the transfer of mentally ill inmates in Broward County, Broward County Circuit Court Judge Martin J. Bidwill refused to find DCF in contempt of court.

Bidwill issued a seven page ruling that said that while DCF had "wholly failed to comply" with previous court orders to immediately transfer 11 inmates to state hospitals, he said that he recognized that the agency didn't have any place where they could transfer the inmates.

He wrote that "Contempt is not an appropriate sanction for the department's failure to comply with this court's immediate placement orders".

Last week the 3rd District Court of Appeals ruled that DCF cannot continue to violate court orders concerning the placement of mentally ill inmates. Although the ruling is applicable only to Miami-Dade County, it likely will have bearing statewide. 12-12-06

© 2006 North Country Gazette