Justices:
Spanking child can be abuse
Parents can spank their children, but if they leave welts they can be
charged with child abuse, the Florida Supreme Court ruled Thursday in
a decision that wades into an arena some consider private. 9/27/02
State wrong to appeal right-to-know rejection
This week, an intrusive Florida law restricting the right of women to choose abortion correctly was declared unconstitutional.--
The 1997 Woman's Right-to-Know Act set out new requirements for women seeking abortions. They had to provide written consent that they had received state-produced information from a doctor on the nature and risks of abortion. They had to accept a controversial pamphlet describing the development of a fetus. Supporters, including the Christian Coalition, said the law was a way to provide full information. Opponents called it harassment.
9/21/02
Court upholds child abuse law
TALLAHASSEE — The state Supreme Court on Thursday unanimously upheld the section of Florida's child abuse law that makes it a felony to cause "mental injury" to a child. The term is not vague, Chief Justice Harry Lee Anstead wrote, noting that it is defined in a related statute.
9/7/02
Judge
Allows Agencies To Keep Money From Plates-- MIAMI - A
federal judge ruled against abortion rights activists Monday who had
tried to stop the distribution of fees from state license plates
bearing the slogan ``Choose Life.'' 7/21/02
Judges
who reveal bias on a case should be disqualified
TALLAHASSEE -- The Christian Coalition and other ax-carrying
interest groups in Florida are rejoicing over a U.S. Supreme Court
decision, in a Minnesota case, that said judicial candidates can't
be stopped from talking about such controversial issues as
abortion and gun control. The majority opinion did not overturn a
separate rule which, like one in Florida, bars candidates from
saying how they would decide cases. But as the dissenters said --
with much the better argument -- that is a distinction without a
difference. 7/14/02
Governor
seeks lap dog, not independent court
Giving newest justice the wrong priorities 7/13/02
A
telling choice: Nominee carries Gov. Bush's burdens
Gov. Jeb Bush's decision to name 41-year-old Miami attorney Raoul
Cantero to the Florida Supreme Court says far more about the governor
than it does about Cantero....
Florida's high court should, whenever possible, reflect the diversity
of the people of the state. But that doesn't mean it should sway to
the whims of public opinion. Indeed, the courts are essential
safeguards of the bedrock elements of state government -- like
individual rights, accountability and fairness -- that would otherwise
fall to political pandering. This state's court has a long (and mostly
successful) history of standing firm on those principles.
Sometimes, that irritates politicians -- and Gov. Bush's snit with
Florida's high court is long-standing. Indeed, Bush railed against the
"activist" courts even as a candidate. He seemed smugly
convinced that his first solo pick would echo his values and those of
the Republican party -- a result he spent considerable time and
political energy setting up. Two years ago, the governor pushed
through legislation that stripped much of the independence from the
judicial nominating process....
Under the new system, Bush gets to choose the panelists -- assuring
that nominees are evaluated first on political, not legal, merits.
That casts a cloud on the entire process...
Bush still refuses to accept that Florida's court system is an equal
branch of government, not a tool to wield for political gain. In his
blatant attempts to meddle with judicial affairs, Bush puts an unfair
burden on the judges he appoints -- and short-changes the people of
this state by eroding their confidence in the judiciary. 7/12/02
Cantero
may not be first Hispanic on state's high court -- TALLAHASSEE,
Fla. - Gov. Jeb Bush may or may not have appointed the first Hispanic
to the Florida Supreme Court when he named Miami attorney Raoul
Cantero III....Rosemary Barkett, who served on the state's high court
from 1985-1994, was born in Mexico to Lebanese parents and spoke only
Spanish when she came to the United States at age 6 in 1945...Barkett
was not nearly as adamant about the honorary designation as the first
Hispanic justice as some who work for Bush, who trumpeted his effort
to diversify the court earlier this week. ... Barkett was the first
woman appointed to the Florida Supreme Court when she was named by
then-Gov. Bob Graham, who is now a U.S. senator. She said she's
"perfectly willing to share or give" the title of first
Hispanic to Cantero.
7/12/02
Selection
a swipe at activist high court
Gov. Jeb Bush sees his high court nominee as a foil for what many
consider an over-reaching bench. 7/11/02
Political
theater - Gov. Jeb Bush went to the west plaza of the Capitol
Wednesday, so the Supreme Court building would show in the background,
to announce his appointment of Raul Cantero III as the replacement for
retiring Justice Major Harding. But for a few minutes it seemed the
event was less about Cantero's niche in history, as Florida's first
ethnic Hispanic justice, than about Bush's re-election campaign. As
Cantero waited to be introduced, the governor sharply denounced the
entire American judiciary. He decried the "increasing power of
courts" which, he said, "should not come at the expense of
institutions that have a more legitimate claim to govern our
lives." Far too often, he said, "our courts . . . have
substituted their own personal views for the laws enacted by the
people and their representatives. . . . Increasingly, courts have
seized control over policy decisions that are not theirs to
make."...
...The more troubling part of it is the governor's assertion that
either of the other branches of government, the executive or the
legislative, has a "more legitimate" claim to govern. In the
American system, each branch is equal. It bears remembering that not
so long ago there were politicians, including most of Florida's, who
raged that the courts had no right to interfere with racial
segregation and the malapportionment of legislatures. Who today would
say those courts had abused their powers? 7/11/02
Bush
taps Hispanic for high court
As he named a Miami lawyer to become the first
Hispanic justice on the Florida Supreme Court, Gov. Jeb Bush used the
occasion Wednesday to outline his goal of a "humble"
judiciary. 7/11/02
Florida
gets first Hispanic justice
Gov. Jeb Bush names Miami lawyer Raoul G. Cantero to the Florida
Supreme Court. 7/11/02
Bush
appoints new justice
In his first solo appointment to the state's highest court, Gov. Jeb
Bush on Wednesday picked the first Hispanic to serve as a justice on
the Florida Supreme Court. 7/11/02
Appointment
puts judiciary's role in the spotlight
The expected appointment by Gov. Jeb Bush on Wednesday of Raoul
Cantero III to the Florida Supreme Court has raised important
questions about Mr. Cantero's public positions on such emotional
issues as terrorism and abortion. But the broader issue is the
continued ability of the state judiciary to independently weigh legal
matters without being undercut or unduly influenced by other branches
of government. 7/11/02
Bush
names first Hispanic to Florida's Supreme Court
TALLAHASSEE — Miami lawyer Raoul Cantero III was named by Gov. Jeb
Bush on Wednesday to the Florida Supreme Court, becoming the first
Hispanic to serve on the state's highest court. Cantero, 41, replaces
Justice Major Harding of Jacksonville, who is retiring Aug. 31 after
11 years on the court. 7/11/02
High
court rules in domestic violence, juvenile predator cases
TALLAHASSEE — State law is clear: A person can't be charged with
burglary for going into a public place — even if he's under
court order to stay out, the Florida Supreme Court ruled
Wednesday. But that doesn't mean he can't be prosecuted on other
charges — such as violation of the restraining order and
first-degree murder of his wife, the court added.7/4/02
State's
50th chief justice takes his post
One of the Florida Supreme Court's most popular justices became its
leader Tuesday, when Justice Harry Lee Anstead was sworn in as the
50th chief justice in state history.7/3/02
Would-be
judges free to state views - Code similar
to Florida's is overturned - In
a landmark ruling that could alter Florida's judicial campaigns,
the U.S. Supreme Court said Thursday that rules preventing
candidates from talking about legal and political issues are
unconstitutional.6/28/02
Choice
for high court may cast history in new light
Gov. Jeb Bush has a chance to make history by naming the first
Hispanic Florida Supreme Court justice. Many political observers
say Miami lawyer Raoul Cantero, 41, is the leading contender. His
appointment could play well come November. 6/25/02
The
bow-tied justice bows out to applause
Florida's legal community said goodbye to Supreme Court Justice
Major B. Harding on Friday. 6/8/02
Few
find clear-cut answers in assisted suicide debate
It's been five years since the Florida Supreme Court scrapped a
challenge to the state's 134-year-old ban on assisted suicide. Yet
Portia Westerfield persists in her mission to help the dying end
their lives. Westerfield is a Caring Friends volunteer — one of
10 in Florida, and 120 nationwide — dispatched by the Hemlock
Society to the bedsides of desperately ill adults who seek help in
planning their own deaths. 5/25/02
Applicants
named for justice's seat
The Florida Supreme Court Judicial Nominating Commission on Monday
announced the final list of applicants for the open seat created
by the retirement of Justice Major B. Harding. There are 21...
5/21/02
Pondering
punishment
The death penalty doesn't have to be repealed, but it does have to
be reformed if Florida is to stop wasting time, money and, worst
of all, lives 5/20
Copertino's
federal judge criticizes appellate court
A federal judge lit into state prosecutors and took aim at a
"puzzling" appellate ruling against Nicholas Copertino.
Power
Grab Can Hurt System
Florida court-bashers are once again rearing
their ugly heads in Tallahassee. They deserve to be hammered down
hard for a nasty power grab. They are tinkering with the
independence of the judiciary and trying to turn the courts into
subservient parts of the governor's office instead of a co-equal
and separate branch of government.
Supreme
Court rules student grading is lawful, helpful
The Supreme Court ruled Tuesday that students grading one
another's work helps students and does not violate federal privacy
law, but some parents said the practice is wrong.
Judge
denies injunction for license plate money
MIAMI - A federal judge has refused to issue an immediate order
changing the way money is distributed from Florida's "Choose
Life" specialty license plates. Pro-choice groups are
challenging the distribution system because they aren't eligible
for any of the money under a state law reserving tag profits for
agencies offering adoption services but not abortion services.
Justices'
review of death penalty met with shock
The architects of Florida's death-penalty law were
caught by surprise when the U.S. Supreme Court stalled executions in
the state Tuesday while the justices determine if laws here and in
eight other states are unconstitutional.
Jury
as decisionmaker
Florida legislators should change the jury's role from adviser to
decisionmaker in sentencing a defendant to death, which would help to
relieve the appellate system.
Senators
look at changes for child advocate agency - TALLAHASSEE ·
Bolstered by a state audit that found less than 60 percent of children
embroiled in the court system are represented by advocates,
legislators are working on overhauling the state's 22-year-old
Guardian Ad Litem program.
Drive
to limit justices' terms stalls
Critics say the bill would give the governor too much power and
leave the Supreme Court beholden to legislators.
Editorial:
Retain an ethical court - Even for a Legislature that has
shown little regard for the value of an independent judiciary, the
latest court-hating proposal sets a standard for recklessness.--
Senate Joint Resolution 162, which has a hearing today before the
Judiciary Committee, would give the governor power to remove state
Supreme Court justices by not reappointing them.
Bad
politics-- Florida justices should be free
of gubernatorial agendas
Supreme
Court refuses condemned man's appeal
A Death Row inmate scheduled to be executed Tuesday for the 1979
murder of an elderly Central Florida woman lost another appeal to the
Florida Supreme Court. Thursday's unanimous opinion was the second
rejection from the state's high court in less than a week.
Drive
to limit justices' terms stalls
Critics say the bill would give the governor too much power and leave
the Supreme Court beholden to legislators.
Editorial:
Retain an ethical court - Even for a Legislature that has shown
little regard for the value of an independent judiciary, the latest
court-hating proposal sets a standard for recklessness.-- Senate Joint
Resolution 162, which has a hearing today before the Judiciary
Committee, would give the governor power to remove state Supreme Court
justices by not reappointing them.
Smoke-free
issue nearing the ballot
A statewide coalition pushing a ban on smoking in restaurants and
workplaces says it has collected 500,000 signatures to get an
initiative on the ballot this fall. The Supreme Court has scheduled
oral arguments on the initiative for Feb. 7. The court must review the
proposed constitutional amendment to determine whether it deals with
only a single subject and doesn't contain deceptive language.
Tobacco
industry goes public to battle restrictions -TALLAHASSEE --
Usually a behind-the-scenes player, the tobacco industry is taking a
surprisingly public stance against Florida’s proposed constitutional
ban on smoking in restaurants and workplaces. --
Two of the nation’s biggest cigarette makers have hired the man who
successfully fought President Bush’s legal battle for the White
House to represent them when the measure goes before the Florida
Supreme Court.
Budget
cuts hit hard at Florida's care for addicts
Drug-abuse treatment at most of the state's big prisons is being cut
back severely. South Florida's pioneering drug courts will be
affected, too.
Candidates
may keep quiet on death penalty
Until the U.S. Supreme Court last week halted the first of three
scheduled Florida executions, Jeb Bush was on the verge of earning a
new distinction: executing more people in his first term than any
governor since capital punishment was reinstated.
Cutting corners
The 2nd District Court of Appeal blew the whistle on legislative
sloppiness when it declared Florida's "Three Strikes Violent
Felony Offender Act" unconstitutional.
Court
backs anesthesia rule
The Florida Board of Medicine can require an anesthesiologist to be
present during major office surgeries, an appeals court ruled in an
action largely affecting cosmetic surgeries. The ruling by the 1st
District Court of Appeal upholds a board rule that requires an
anesthesiologist to be present when a patient is heavily sedated or
put to sleep. Typically, certified nurse anesthetists provide the
anesthesia during office surgery.
Cutting corners
The 2nd District Court of Appeal blew the whistle on legislative
sloppiness when it declared Florida's "Three Strikes Violent
Felony Offender Act" unconstitutional.
Court
upholds tighter rules on office surgery
The appeals court action largely affects cosmetic surgeons, who often
operate in the office to keep costs down.
Judge
triples lawyer's sentence -- WEST PALM BEACH -- Circuit Judge
Marvin Mounts, who probed the shocking murders of Judge C.E.
Chillingworth and his wife more than 40 years ago, shocked his own
packed courtroom Friday by sentencing Chillingworth's nephew, a
once-respected lawyer, to 10 years in prison for misusing a client's
money.
Court
upholds tighter rules on office surgery
The appeals court action largely affects cosmetic surgeons, who often
operate in the office to keep costs down.
