Weather | Sports | Forums | Comics | Classifieds | Calendar | Movies

Judicial panel relents, will release records

After initially refusing, a local judicial group relents after Gov. Bush's general counsel's office intervenes.

LARGO - Lawyer John Carballo said he was just trying to research the competition in his race for a Pinellas County judicial seat.

His opponent, incumbent Pinellas County Judge Sonny Im, has said on the campaign trail that he left a lucrative law practice to become a judge. Carballo wanted to see for himself.

But the Pinellas-Pasco Judicial Nominating Commission refused to allow Carballo to see the financial portion of Im's recent application for a circuit court seat. This year, Im did not make a list of finalists the JNC sent to Gov. Jeb Bush. And the JNC refused to allow Carballo to make copies of other portions of the application, though he was allowed to view non-financial information.

On Wednesday, JNC chairwoman Sallie Skipper, a New Port Richey attorney, similarly denied a request by the St. Petersburg Times for copies of the same information requested by Carballo.

Skipper acknowledged the Florida Constitution guarantees that JNC records are open to the public.

"But am I to provide copies to anybody who asks for them?" Skipper said. "I think the answer is no. We allow anyone to look at the application. Once the copies are put out there, it's kind of hard to bring them back."

As for obtaining the financial information, Skipper said she had asked for guidance from the governor's staff when Carballo made his first records request May 30. She said Bush's office hadn't responded.

So Skipper said her position about releasing the financial information had been, "When in doubt, don't."

Bush's general counsel's office told Skipper late Wednesday Im's full application, along with any financial material, was a public record. Skipper, who again contacted Bush's staff after the Times inquiry, must release copies, said Jill Bratina, a spokeswoman for Bush.

It was too late in the day for the Times to obtain the application once its release was authorized.

Alison Steele, a lawyer who represents the Times, said the constitution clearly guarantees both access and copies of the complete application.

"I have absolutely no doubt it's a public record," Steele said. "And the right to inspect the records carries with it the right to copy. Otherwise, the right to inspect is worthless."

Im said he did not ask the JNC to withhold the records or prevent copies. But the judge did not respond to a July 24 letter by Carballo asking that Im authorize Skipper to release copies of the records.

"I wasn't a party to this action," Im said. "It's between the JNC and whoever wants the records. They have it. He wants it. He's going to have to get it. It's not my property."

Im said he was earning more than $100,000 a year as a lawyer in private practice when he became a judge, which he said makes true his assertion that he left a lucrative practice.

Carballo, who works as an assistant public defender in Pinellas, said he had been considering filing suit to get Im's full application.