-Caveat Lector-
The Orlando Sentinel
ORLANDO, Fla. - An Orlando judge who to likes to educate himself
about the issues he rules on is in trouble for asking too many
questions outside his courtroom.
A Florida state panel that monitors the conduct of judges says
Circuit Judge Joe Baker of Orange County has committed ethi�cal
violations. The rules are clear: Judges are supposed to make
decisions based solely information that lawyers provide during
the case
Baker calls that nonsense. He says lawyers working for clients
are the last peo�ple to give him objective information. So when
technical or scientific issues confuse him, he reads books and
questions knowl�edgeable friends and relatives or experts around
the country.
Now he faces punishment ranging from a reprimand to removal from
office if the panel - and eventually the Florida Supreme Court
finds him guilty.
"The lawyers are not interested in the judge having a full and
complete and accu�rate understanding of the subject," Baker said.
"They're interested in the judge seeing it their way."
He said the court system should be interested in having judges
make the most appropriate decision in a case. "Do you say a judge
is bound and limited to what he or she sees in the courtroom?"
"That's nonsense because it means the dumbest judge is the best.
It exalts ignorance. It exalts subordination. It's saying judges
should act dumb and stay dumb.
But the Judicial Qualifications Commission maintains that Baker
isn't giving lawyers a fair shake in his courtroom. It contends
that lawyers trying a case have no idea what the judge learns
from his outside conversations and should have an opportunity to
rebut it.
Not only that, Baker could receive inaccurate information and the
lawyers won't know it, the commission says. At least if a judge
reads a book and tells the lawyers about it, the attorneys have a
chance to see what the judge has learned.
JQC lawyer Charles Pillans, who is prosecuting Baker, would not
comment on the case. But in legal papers, he says that contrary
to Baker's arguments, rules of judicial conduct and legal
precedent prohibit a judge from consulting with others. If judges
are confused, they are supposed to ask lawyers to clear things
up. To do that, lawyers can bring in expert witnesses on any
subject.
"His consultation with (outside) experts in this case clearly
gives the appearance of impropriety, which, in light of Judge
Baker's inability to appreciate the import of his conduct, must
be addressed, " Pillans wrote.
JQC officials maintain that the rules aren't meant to keep judges
stupid. They can read what they want, draw on personal knowledge
of a lifetime or even pursue degrees in such areas as medicine or
engineering. According to the commission, general education is
different from researching a specific issue in a case.
Baker says he thinks the intent of the rules is to stop judges
from discussing cases only with people involved in the case or
with people who want to influence the judge's decision.
Baker, 64, is one of Orlando's longest serving judges. Appointed
to the bench in 1977, he has never faced opposition in an
election. He is generally regarded as an intellect, an
independent thinker and a bit eccentric. He is prone to quoting
Socrates and other philosophers.
A voracious reader and writer, Baker often questions some of the
basic tenets of the court system. And his written rulings
sometimes incorporate his thoughts about issues rather than
sticking to the basic legal foundations.
"I know how diligent he is and how hard he tries to do a good
job," said Orlando lawyer Mayanne Downs, who is representing
Baker. "Is the state of our judiciary such that this is what the
JQC is pursuing? Is this a matter to sanction a public servant?"
Downs said she thinks Baker could become the first judge in
American history to be punished for educating himself.
The case that got Baker in trouble involved computers. Universal
Business Systems Inc. sued Disney Vacation Club Management Corp.,
over computer software it sold Disney for it's time-share
business. Disney was supposed to return the software plus all the
modifications made to it. That didn't happen.
After a trial in 1999, a jury decided Disney should pay $2
million dollars in damages. But Baker later overturned its
decision. He disagreed about how damages had been calculated.
Instead he reduced the judgment to just $1000.
An appeals court overturned Baker for several reasons, including
that he talked about the case outside of the courtroom. In a
memorandum, Baker wrote that he had spoken to several people
about technical computer issues.
He told the Orlando Sentinel that he talked to a friend who is a
computer consultant and Baker's son-in-law. An engineer who is an
expert on the computer systems of the U.S. Navy labs worldwide.
Sometime in the next few months, Baker will face a trial before
the JQC, a panel of judges, lawyers and laymen who will decide
whether he is guilty. The group also will recommend a penalty to
the state Supreme Court, which imposes sanctions on lawyers and
judges.
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Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF:
*Michael Spitzer* <[EMAIL PROTECTED]>
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