Judicial comment sets Crist apart

TALLAHASSEE - It was one of the shortest speeches of Charlie Crist's career, but as a campaign for governor unfolds, it may prove to be one of the most memorable.

Two weeks ago, the Republican attorney general and candidate for governor gave a late-night speech to a roomful of lawyers in Miami where he referred to the judges in the Terri Schiavo case as "heroes."

Crist insists he wasn't endorsing court rulings that prevented the brain-damaged woman's feeding tube from being reconnected, but critics view it differently. And by appearing to break his silence in the Schiavo case, Crist has sharpened the contrast between himself and Republican rival Tom Gallagher, who has said he favored government action to "prevent Terri's starvation."

At the dinner in Miami, Pinellas-Pasco Circuit Judge George Greer and U.S. District Judge James Whittemore of Tampa were honored as jurists of the year by the Florida chapter of ABOTA, the American Board of Trial Advocates. The group champions judicial independence and its members are lawyers who represent both plaintiffs and defendants.

Greer is the judge who ordered Schiavo's feeding tube removed, rejecting a subpoena from Congress and pleas from Gov. Jeb Bush, and Whittemore also denied emergency requests to reinsert the tube in the weeks before Schiavo died March 31. Both men's decisions were later upheld by higher courts, and both were praised and vilified by opposing sides of the emotionally charged end-of-life case.

"You are heroes to all of us, and your defense of the judiciary and what is right is beyond admirable," Crist was quoted in the Daily Business Review, a Miami newspaper that provided the only news account of the July 15 event at the Biltmore Hotel in Coral Gables.

In an interview, Crist did not dispute the quotations. Nor did he offer a view of whether he agreed with their decisions. Rather, he said, he praised them for fulfilling their constitutional duty to provide checks and balances against the other two branches of government.

"I try to say nice things about judges. I'm sure I was complimentary," said Crist, who as the state's chief legal officer often speaks at bar-related events. "I didn't talk about any specific case. ... It's important that those checks and balances exist. Our system of government needs to have that."

"Judge Greer is a poster child for everything that's wrong with the judiciary," said Gary Cass, executive director of the Center for Reclaiming America, a grass roots Christian political group in Fort Lauderdale that lists "sanctity of life" as one of its priorities and plans to form a political action committee.

"For Charlie Crist to hold that up as an example of good judicial practice concerns me," Cass said. "I think it was a mistake for Charlie to say that. I don't know how anybody can be happy about a woman being deprived food and water."

Rep. Dennis Baxley, the Republican from Ocala who sponsored legislation last spring to force the tube to be reconnected, said Crist's speech was revealing.

"I think it is one of those very important moments for us to know where he (Crist) stands," Baxley said. "I truly believe there's a lot of people out there who were sensitive to this case who are going to find those comments, and that association, very instructive. I'm understanding where people line up on this."

Baxley said that while Crist was "conspicuously absent" from the Schiavo debate in the Legislature, Gallagher sent Baxley a personal letter of support last spring. While activists in the Schiavo debate take aim at Crist, his Republican rival Gallagher is not.

"Tom's made his position very clear in the past. There's really no comment we're going to make on that," said David Johnson, a Gallagher adviser.

Polls show a majority of Americans agreed with the judges' decisions to order the removal of Schiavo's tube, as her husband, Michael, said she wanted. By a greater margin, polls show people were opposed to Congress' intervention in the case.

But to those who view the long-running Schiavo saga as a test case of support for the sanctity of life - like abortion - Greer and Whittemore are "judicial activists" who starved a woman to death.

Many of those people can vote in the Republican primary for governor in September 2006. Crist's stand on the Schiavo case could prove to be an asset if he wins the GOP nomination and faces a Democrat. But one Republican strategist said the damage has been done.

"Schiavo killed the Republicans. They've lost the women's vote," said Matt Towery, an ex-Republican legislator who now runs an Atlanta media and polling firm. "It's one of those turning points that you just can't get away from."

Amazing. Judge Greer clearly committed obstruction of an investigation by Congress, which is a felony, and Judge Whittemore acted completely contrary to the law passed by Congress (and in a most dilatory fashion -- he was quite expert in running out the clock on Mrs. Schiavo's life) yet this group of lawyers throws quite a little shindig for this pair.

Photographs: LuxImages/Freddy Rozentzvaig FLABOTA recently selected Circuit Judge George W. Greer and U. S. Middle District Judge James D. Whittemore, as its Jurists of the Year. Charles H. Baumberger of Miami was selected as its Trial Lawyer of the Year. The three were honored July 15 during FLABOTA’s annual awards banquet at The Biltmore Hotel in Coral Gables, Florida where the keynote address was given by Florida Attorney General Charlie Crist. The prestigious awards are bestowed each year on the individuals who represent the highest standards of protecting the integrity of Florida’s civil trial system.
“Judge Greer, Judge Whittemore and Chuck Baumberger each have made significant contributions to the betterment of Florida’s trial system, not just this year, but throughout their careers,” said Herman Russomanno, president of FLABOTA. “They each have made a profound impact in Florida’s courts, with their peers, and in their respective communities.”
As Jurist of the Year, the Honorable George W. Greer, Circuit Judge in the Sixth Judicial Circuit Court since 1993, was recognized for outstanding service and dedication and integrity as a circuit judge for the citizens of the state of Florida. He was selected because he exemplifies the criteria for the award, not the least of which include following the rule of law and applying it evenhandedly; demanding professionalism from all lawyers; and maintaining open and accessible working relationships with the trial bar.
Judge Greer received his bachelors’ degree from Florida State University (1964) and his J.D. degree from the University of Florida College of Law (1966). He was first elected to the circuit court in 1992 and re-elected in 1998 and 2004. Since taking office, he has served in the Juvenile, Probate and Guardianship, Criminal Law and Family Law Divisions. In 1999-2000, Judge Greer served as Chair of the Florida Conference of Circuit Judges, the statewide organization of more than 500 circuit judges in Florida. In October 1994, Greer was presented the Mary Zeller Award by the Florida Supreme Court and the Florida Guardian ad Litem Program as the child advocate for the Sixth Circuit. He has also received recognition and numerous distinguished jurist awards by the Clearwater, St. Petersburg, West Pasco, and Hillsborough Bar Associations, the Florida State Guardian’s Association, and the Tampa Bay Chapter of the American Red Cross.
Judge Greer also served on the Advisory Board of the Clearwater Salvation Army and is a member of the Clearwater Rotary Club.
The other Jurist of the Year Award recipient, the Honorable James D. Whittemore, United States District Judge, Middle District of Florida, Tampa Division, was nominated for appointment as U. S. District Judge in October 1999 by President Clinton, and was unanimously confirmed by the U. S. Senate to take office in May 2000. Judge Whittemore was first appointed to the circuit court bench in February 1990 by then-Governor Bob Martinez, and was re-elected without opposition in 1991 and 1996. He presided over the General Civil Division “G” of the 13th Judicial Circuit, after previously serving as Administrative Judge in Plant City over general civil, probate, criminal and family law cases.
Judge Whittemore graduated in 1974 from the University of Florida with honors and earned his J.D. degree at Stetson College of Law in 1977. He is a member of The Florida Bar and the Association of Trial Lawyers of America. He is a past president of the William Glenn Terrell Inn of Court, past president of the Hillsborough County Criminal Defense Lawyers Association, former director of the Florida Association of Criminal Defense Lawyers and past chair of Florida Bar Grievance Committee 13A. He has received several awards including Outstanding Jurist Awards from the Hillsborough County Bar Young Lawyers Division and The Florida Bar Young Lawyers Division, the 2001 Judicial Achievement Award presented to him by the Academy of Florida Trial Lawyers, and the 2005 Distinguished Alumnus Award from Stetson University College of Law.
“Both Judge Greer and Judge Whittemore, through their efforts in dealing with the Schiavo case, have distinguished themselves as jurists willing to follow the rule of law in the face of unprecedented pressure from sections of the public, the executive, and legislative branches,” said Brad Powers, president of the Tampa Bay Chapter of ABOTA which unanimously nominated the judges as co-Jurists of the Year. “Both jurists are deserving of this award given their professional handling of the Schiavo matter. They have greatly honored the civil justice system that our organization seeks to protect.”
Charles H. (Chuck) Baumberger, recipient of FLABOTA’s 2005 Trial Lawyer of the Year award, was recognized for his superb reputation of high ethics and fair play. He has had a distinguished legal career as an outstanding member of the plaintiffs bar. Baumberger, a founding partner with Rossman, Baumberger, Reboso & Spier, P.A. in Miami, received his bachelor’s degree from Vanderbilt University (1963) and his J.D. degree from the University of Florida College of Law (1966). His experience as a trial advocate began more than 38 years ago in Miami. He has recovered numerous multi-million dollar jury awards and settlements for his clients, including a 7-figure verdict in 1973 at the age of 32, the youngest lawyer in the country to do so. He has won professional distinction for his representation of plaintiffs in medical malpractice, defective products, premises liability, railroad, aviation and other substantial liability cases. He is Board Certified in Civil Trial by The Florida Bar and in Civil Trial Advocacy by the National Board of Trial Advocacy. He is also listed in Who’s Who in American Law. His peers have regularly voted him among South Florida’s top lawyers in the South Florida Legal Guide.
Chuck Baumberger served as President of the Miami Chapter of ABOTA in 1995, the same year that chapter won the National Chapter of the Year Award. In 2000, he served as President of FLABOTA, and turned the Annual Meeting into a “think tank” to discuss the purposes of FLABOTA and its future. As a result of the energy and ideas produced by that session, FLABOTA has grown into the active state organization that it is today. Chuck has served as a National Board Representative for 10 years, including roles as Chair of the Key Person Committee and currently, the Chair of the Legislative Analysis Fund.
Outside the courtroom, Baumberger has distinguished himself through his generosity to both his profession and his community. Chuck has held leadership positions as chair of the Trial Lawyers Section of The Florida Bar; President of the Dade County Bar Association; a founding member of the Dade County Trial Lawyers Association; Fellow of the American College of Trial Lawyers; and Fellow of the International Society of Barristers.
“Chuck is a person of excellent character and absolute integrity. He has continually practiced law by exhibiting the highest level of superior skills and recognized ability in trial practice” said Joe Kalbac, President of the Miami chapter of ABOTA which nominated Baumberger for the Trial Lawyer of the Year Award. “Chuck is an outstanding trial lawyer who has served the best interest of the legal profession by continually advocating the right to jury trial and by promoting the highest standards and techniques of trial advocacy. We cannot conceive of a more deserving, dignified and finer example of what a plaintiff’s trial lawyer should be, and therefore, our chapter was honored to nominate Chuck as FLABOTA’s Trial Lawyer of the Year for 2005.”

Schiavo killed the republicans but they killed her first. GOP Judge Greer, purported atheist Judge Whittemore refused to put her feeding tube back in. Yeah, they sound like heroes to me. Sorry, Charlie. You showed who you really are a little early in the game but it will save me time having to demonize you, Charlie.

PRAISING JUDICIAL DESPOTS FOR STARVING AN INNOCENT WOMAN TO DEATH. Crist proved how stupid he is and that the Sembler family has been telling him what to say. The Semblers may have a lot of money but they can't have Florida for themselves much longer!

FV SAYS: As Fla AG, Crist failed to investigate allegations of judicial misconduct, legal malpractice, what happened to Terri's rehab monies, medicaid fraud, the DCF file - the missing file that he lied about, it goes on and on and on. How dare Crist talk about checks and balances when he was supposed to PROTECT TERRI'S CIVIL RIGHTS??? Remember we are dealing with the county of scientology, attys like Felos and Deathknell and a State Attorney who covered for all the Judges and an inept but connected Sheriff Rice who wants to be the next Fla AG. That should be a "no" vote too.

There are other republicans running for Fla AG. Everett Rice has a very long track record of negligence and coverups re: Terri.

Rule of thumb: If they run for State office and are from PINELLAS COUNTY, do not vote for them. They are in the gang of mean men that we are trying to unseat. Everett Rice voted for Terri to die in the Fla House and hired MICHAEL SCHIAVO to work at the jail this year before Rice went to Tallahassee to vote to kill Terri.

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