In uneasy campaign, judges vie for top job
The chief judge of the Pinellas-Pasco circuit is breaking custom to seek a third term. Fifty-nine judges vote in February.
By CHRIS TISCH, Times Staff Writer
Published December 31, 2004
The job of chief judge comes with few perks.
Though there is some prestige in overseeing other local judges, the position doesn't pay more and, if anything, brings more work than a regular judgeship. The chief judge also can face bad press or criticism if something goes haywire in the local circuit.
Next year, two veteran Pinellas-Pasco judges will vie for the position. Judge George Greer, best known recently for his rulings on the Terri Schiavo case, will run against Judge David A. Demers, who has been chief judge for two terms.
The race marks the first time in memory in the Pinellas-Pasco circuit that a chief judge is seeking a third term against a challenger. Historically, chief judges in the circuit have abided by an unofficial, self-imposed rule limiting them to two terms of two years each.
The reasons for the term limit vary. Some judges think it's wise to spread the leadership role around, while some fear a judge could accumulate too much political power by staying in the role for too long.
"We have a lot of talent on the bench, and I think it just is good to allow the role of the chief judge to be passed around and not made a quasi-permanent position," said Greer, a circuit judge since 1993.
The chief judge before Demers, Susan Schaeffer, was the first three-term chief judge in the circuit's history. Schaeffer ran unopposed for her third term.
However, Schaeffer was actively involved in Revision 7, a 1998 constitutional change that transferred the bulk of trial court funding from counties to the state. A third term may have made sense to her colleagues so she could help implement the changes.
Demers says the circuit is still adapting to Revision 7, which went into effect this year, so it makes sense for him to serve a third term as well.
"I think I have certain advantages by virtue of having been intimately involved in this process that a new chief judge wouldn't have," said Demers, who began on the county bench in 1981 and moved to the circuit bench in 1994.
The circuit's 59 judges will vote by secret ballot in February. The winner will take over in July.
The race presents an awkward situation for judges, who generally don't publicly criticize one another. Both Demers and Greer have sent letters to the other judges announcing their candidacies, but otherwise they plan to campaign subtlely.
Both said pleasant things about the other during recent interviews. In fact, both judges expressed some degree of discomfort about publicity of the race.
Past chief judges say it's somewhat uncomfortable to campaign for chief judge because you're essentially telling colleagues that you're a better choice than another colleague.
"These are all ... people that you work with, and you're asking them to make a choice," said Judge Jim Case, a chief judge in the early 1990s. "It's awkward."
As the chief administrative officer, the chief judge is responsible for managing the circuit. He or she assigns judges to criminal, civil, probate or other courts.
"It's sort of like being the CEO, for a lack of a better term, of the local court and the local court's resources," Demers said.
The chief judge usually doesn't handle a full caseload but can keep cases previously overseen. Greer said he will continue handling the Schiavo case if he is elected.
Because every judge is an independent constitutional officer, the chief judge does not hold any power to review any other judge's decisions or rulings.
Demers also says it's not the chief judge's place to micro-manage colleagues. Demers took some heat from St. Petersburg Times editorials after the newspaper reported that Judge Charles Cope was out of court for 10 weeks in one year after he was on paid leave for a year as he battled criminal charges in California.
Demers was criticized after he said that Cope's time off was not relevant to him as long as the judge didn't fall behind in his calendar, which he hadn't. Demers said judges have no set rules or laws outlining vacation time.
Demers also was criticized for how he handled Cope's departure. Demers pulled Cope from a trial to attend an emergency meeting. Cope then left the courthouse and resigned the next day. He later said he learned there were plans in the Legislature to impeach him, which prompted him to quit.
Demers would not discuss what was said in the meeting, which he considered a private talk with a colleague.
Still, Demers acknowledges some other judges were not satisfied with how he handled Cope's situation. He said he doesn't know of any other significant criticism of his tenure.
If re-elected, Demers plans to explore starting a DUI court, adding a drug court in Pasco County and expanding unified family court.
He thinks the two-term limit is inconsistent with other large circuits in the state, some of which have had longtime chief judges.
Rotating chief judges so frequently also can erode relationships a previous chief has built up with lawmakers, which could have an effect on funding for the local circuit, said Bobbi Flowers, a Stetson University College of Law professor.
"That's a cost that we as citizens bear because every time the chief judge changes, there has to be a reacquiring of that statewide influence," said Flowers, who said both Demers and Greer are "highly qualified for the position."
But former chief judge Ray "Gene" Ulmer Jr. said he subscribes to the two-term limit so politics can be kept out of the position.
"I had seen some of the other circuits ... where a single individual had become a chief judge it seemed like in perpetuity," Ulmer said. "And the ranks in the court had become very political, and the chief judge had become very powerful using his or her ability to make assignments ... as what I perceived to be a means to stay in power."
In Hillsborough County, F. Dennis Alvarez was a chief judge for 13 years, becoming an immensely powerful figure. He resigned in 2001 after a series of courthouse scandals.
Greer agrees with Ulmer. He said several colleagues encouraged him to run. He declined to discuss Demers' handling of the Cope case or other issues in detail, but said: "There's some things in the system that need to be tweaked a little bit."
In deciding between Greer and Demers, fellow judges will have to weigh the importance of their historical term limits with how well they believe either judge will perform.
"It's a balancing act," said Case, the former chief judge, "that each individual judge has to weigh in their own mind."
http://www.sptimes.com/2004/12/31/Tampabay/In_uneasy_campaign__j.shtml