Thursday, June 07, 2012

SHOULD VOTERS CONSIDER A JUDGE'S AGE WHEN PICKING JUDGES IN FLORIDA?

Federal District Judges are appointed by the president for life. Judges in Florida State Courts unfortunately are forced to retire at age seventy, a time when at least one Clearwater Criminal Lawyer thinks they're just getting good at their jobs.
Should voters consider age when picking judges? My view would tend to be that the older a Judge is, the wiser, fairer and more compassionate, like Solomon, he's apt to be. But at least in one judicial race in Florida there's been some mudslinging from a lawyer running for judge who says the incumbent is not qualified to seek re-election because he will turn seventy before finishing his term of office. In an article about possible breaching of the judicial canons of Florida, Michele Kirk quotes the judicial candidate as saying, “The reason I said that he is not qualified is that he said that he was qualified to serve a six-year term, but he’s not,” she said. “He will serve less than three years.”“Yes, he has more experience than I do,” she added, “but he’s the past and I’m the future.”
The author also notes that the candidate may have violated other canons, quoting Clearwater Criminal Defense Attorney Robert Hambrick (hey, that's me!) who only hopes that he too was part of the future and not the past. 
Here is Ms. Kirk's article about a lawyer possibly breaching the judicial canons: 
According to defense attorney  Robert Hambrick, a former Pinellas County prosecutor who writes about constitutional law, Lane is in jeopardy of being investigated by the Judicial Qualifying Commission if she were to win the seat. The commission is the authority on judges’ misconduct.
A good Judge in Clearwater, Largo, Petersburg & Tampa Florida must be wise, compassionate and fair like Solomon
Francesca, King Solomon & Sheba
To even question the law, there would have to be a rule requiring a judge to serve out his full term or one banning any candidates from running if they are older than 64, Hambrick said. There are no such rules.“As long as he’s under 70, then that is not a question for qualifications – he meets the criteria to be a judge. It’s just a political issue,” he said.....Hambrick predicted the Judicial Qualifications Commission will investigate after the race has been decided.
“If she’s been saying that on video, she could really have a tough time if she is elected. I think the qualifying commission might have a problem with that,” Hambrick said. “When someone gets elected, if there is an issue on how they got elected, it goes directly to whether that person should be sitting as a judge. It goes to their fairness and their judicial qualifications.”
“On just another level, I would be wondering about her capacity as a possible judge based on how she’s interpreting this law.”