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February 9, 2010 |
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| July 02, 2008 |
By: Jordana Mishory |
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ormer Broward County Court Judge Jay Spechler filed a wrongful termination suit today against Chief Circuit Judge Victor Tobin alleging he cast him in a false light and intentionally inflicted emotional pain.
The lawsuit claims Spechler’s reassignment earlier this year from the main courthouse in Fort Lauderdale to a satellite courthouse was “bogus in nature.” He said the dockets and division he was supposed to preside over did not exist.
Spechler, who was on the bench from 1988 until he resigned March 31, “was forced to resign in order to protect his legal rights and maintain his self-respect” after being left without an office or function, the complaint said.
Spechler wants a judge to declare that he is eligible for reinstatement, his banishment was unconstitutional and his reassignment was a sham. He is seeking damages for emotional distress, damage to his reputation and lost salary and benefits.
“The lawsuit is just unworthy of comment, quite frankly,” Tobin said in an interview. He forwarded the complaint to the Office of the State Courts Administrator.
Spechler said in an interview that he wanted to leave the bench on his own terms instead of being forced out.
“This whole thing is nothing but a pure political retribution,” he said. “I plan to fight for what is right.”
His attorney, Robert Sweetapple in Boca Raton, said in an interview that the judge’s resignation was a politically motivated character assassination.
“When Judge Spechler decides to retire, he should be able to have a celebration and walk out of the courthouse with his head high -- not exiled by a judge who thinks he has authority he doesn’t have,” Sweetapple said. “He had to resign in order to have his right to re-enter the courthouse.”
Sweetapple claimed Tobin did not have the authority to do what he did, but Spechler was required to obey under the rules of judicial administration.
In late March, Tobin wrote Spechler reassigning him to outlying civil traffic and parking ticket cases and warning, “You are not to return to the Central Courthouse except at my direction.” The letter offered no explanation, and Tobin has kept mum on the subject.
Spechler’s resignation took effect immediately, and he joined the mediation firm Center for Conflict Resolution in North Miami the next day.
Courthouse sources said at the time that Spechler’s reassignment followed a verbal altercation between him and fellow County Court Judge Peggy Gehl in which he allegedly commented on her sexual orientation.
Rumors have circulated for months that the state Judicial Qualifications Commission was looking at Spechler. The Sun-Sentinel reported in April that a JQC complaint claimed Spechler bullied fellow judges. Gehl is on the JQC, which regulates state judges.
The former judge’s lawsuit claims he was humiliated by the instant banishment notice and the decree that he needed permission to return to the main courthouse. He noted he was bombarded by calls from reporters, and a slew of articles came out on his “inglorious exit.”
“Based on the rapid appearance and inquiries of the media regarding the plaintiff’s banishment and demotion to a nonexistent position, it was obvious that the performance and competency of the plaintiff as a highly commended county judge was being called into question,” the complaint said.
Spechler contended Tobin owed him a professional and ethical obligation to talk to him before taking such drastic action. Instead, Tobin “glibly stated that the letter spoke for itself” when talking to the press, the suit said.
Tobin’s “cryptic and terse response was calculated to cast a pall over the hereto respected and esteemed reputation of the plaintiff,” the complaint said.
Spechler led the county court division for 12 years. He resigned from his administrative post in May 2007 after former Chief Circuit Judge Dale Ross announced he was leaving the court’s top judicial post.
Tobin succeeded Ross after a fractious election.
According to the complaint, several incidents led to Spechler’s abrupt departure:
* In January, Tobin mistakenly believed Spechler criticized him for the manner in which Tobin investigated a case handled by Circuit Judge Marina Garcia-Wood. The complaint doesn’t mention it, but she jailed a paralyzed woman in December for failing to attend a hearing on a domestic battery complaint. The lawsuit said Spechler attempted to “clear the air” with Tobin, but the chief judge responded, “I am done with you.”
* In mid-March, Spechler told Tobin that he was concerned Tobin was concealing potential funding sources for the traffic hearing program based on an e-mail Tobin sent to judges saying the county might pay for the program but asking them to keep it quiet.
The lawsuit claims banning Spechler from the courthouse deprived him of his 14th Amendment due process rights. He also alleged only the state Supreme Court has the power under Florida’s Constitution to mete out punishment to sitting judges.
Jay Spechler photo by Melanie Bell
Reader's comments
D. Davis said:I am thrilled to hear that Jay Spechler is no longer allowed in the Court, I command Judge Tobin for taking action against a less than qualified Judge, Judge Spechler was arrogant, did not know the law and was disrespectful to litigants. It is ironic that he will now be on the other side, powerless and having to be forced to follow the law. July 6 at 3:41 p.m.
concerend citizens said: The Family Courts in Miami need someone like Judge Tobin to clean up, if there is one court that corruption has taken over its the Miami Courts. Voters need to be educated on who is trying to be re-elected, following is a link that every voter in Dade County should take a look at: http://www.thepetitionsite.com/1/custody-change-of-16-year-old-boy-in-family-court I knew Judge Spechler and getting rid of him was the best thing that could have happened to the Broward Courts. July 6 at 8:35 p.m. |
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