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Judge sticks to Ye Mystic Krewe
By DAVID KARP, Times Staff Writer TAMPA -- For generations, members of Robert Foster's family have belonged to Ye Mystic Krewe of Gasparilla. Foster's father was a member of the exclusive, all-male club that hosts the annual Gasparilla parade, and before that, Foster's grandfather was too. For most of his life, Foster, 53, has been dressing up as a pirate for Gasparilla and for the assorted events leading up to it. But in June 2000, when Foster wanted to become a Hillsborough circuit judge, he promised that if elevated to the bench, he would resign the krewe because of rules that caution judges to avoid membership in exclusionary groups. More than a year after his election, Foster hasn't left Ye Mystic Krewe. And with the Gasparilla parade a few weeks away, he plans to don his pirate clothes and makeup as usual. Foster hasn't sought a legal opinion about his membership, although he promised to do so in November 2000 after his election to the bench. "I have had many people in the community tell me I should stay in," Foster said Tuesday. "You can't imagine the good that parade does for the county and the citizens of the county." In an interview Tuesday, Foster at first denied that he promised to resign if elected. "I think that has been a misquote," he said. But Foster made the promise in writing. He put it on an application for an appointment to the bench in June 2000. He submitted the same answer to the St. Petersburg Times editorial board in July 2000. After being told about the written answer, Foster said he put a different answer on other documents. On those documents, Foster said he would "consider" resigning from the krewe if elected. Foster could not provide those documents, and the Times could not locate them Tuesday. The judge also refused to say whether he had sought an opinion from the Judicial Ethics Advisory Committee, a state body that issues opinions for judges about ethical dilemmas. The ethics advisory committee has not released any opinions on Foster's ethical issue, and committee members are prohibited from revealing the identities of people seeking opinions. The committee will issue a written legal opinion within two or three months after a judge asks for one, the committee's chairman said Tuesday. Apparently, Foster also did not seek an opinion from the Judicial Qualifications Commission, the state agency that disciplines judges for misconduct. "We haven't been approached about it," said JQC general counsel Thomas MacDonald Jr. If the JQC had looked into it, it's not clear the judicial canons would require Foster to resign. The canons says judges should not belong to a group that practices "invidious discrimination." A group may be discriminatory if it arbitrarily excludes members based on race, religion, sex, or national original. The canons do not prohibit membership in clubs such as the Knights of Columbus, the Junior League or the Girl Scouts. Ethics experts say a judge's membership in a discriminatory club could affect the public's perception of his fairness. "If they draw those distinctions in their private life or belong to an organization that does, they may draw those distinctions on the bench," said Cynthia Gray, director of the center for judicial ethics at the American Judicature Society in Chicago. "It's a public perception." For decades, Ye Mystic Krewe refused to admit blacks. In 1991, the krewe, made up of Tampa's powerful lawyers, bankers and businessmen, canceled the parade rather than accept blacks. Later that year, they admitted a few black members. But they still refuse to admit women. Does membership in that group cause a problem for Foster, a family law judge who presides over divorce and child custody cases? Foster doesn't think so. The krewe "provides a day of merriment and a day of opportunity for people of all races, colors, creeds, genders and sexual orientations," Foster said. "It is an opportunity for everyone to participate, and it is my belief that they do." At least one Tampa civil rights leader actually encouraged Foster to stay in the club. "I was one of the ones that said, "You can do more in (the krewe) than out,' " said Bob Gilder, a civil rights leader. In the 1990s, when Gilder pushed to integrate the krewe, he said Foster helped from within. "I will stake 50 years of my civil rights reputation and say Judge Robert Foster is one of the finest citizens of this community," Gilder said. "You can quote me. Period." - Times staff writer David Karp is at (813) 226-3376 or karp@sptimes.com.
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