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Charges still stand in judge's ethics case

The JQC chairman refuses to dismiss six charges against Circuit Judge John Renke III and postpones decisions on some other matters.

By COLLEEN JENKINS
Published August 25, 2005

The bulk of the ethics case against Circuit Judge John Renke III will go to trial, the Judicial Qualifications Commission chairman has ruled.

JQC chairman James R. Wolf refused Wednesday to dismiss outright six of the nine charges against Renke, who is accused by the state's judicial ethics commission of misleading Pasco and Pinellas voters about his qualifications for a circuit judgeship.

Wolf postponed deciding whether to dismiss two other counts - relating to Renke's purported experience as a hearing officer and endorsements from public officials - until the judge's final hearing, which begins Sept. 6 in Clearwater.

Last week, Renke attorney Scott Tozian argued that most of the case should be dismissed before trial because the JQC couldn't prove that Renke knowingly made false or inaccurate statements during his 2002 campaign.

For example, Tozian said, his client made an isolated misstatement when he claimed to have "broad civil trial experience." The more appropriate term would have been ""litigation experience," Tozian said.

But in their response to Tozian's motion, JQC lawyers said Renke sought to "avoid responsibility" and "minimize his own misconduct."

"The numerous times during the campaign that Judge Renke misrepresented his trial and courtroom experience," JQC lawyers argued, "belies any assertion that these falsehoods were innocently or inadvertently published or made, as Judge Renke now contends."

Also still undecided is whether former St. Petersburg Times reporter Cary Davis must testify at Renke's trial. Prosecutors say Davis is the only source who can speak to issues raised in his March 2, 2003, profile of Renke. Times' attorneys are fighting the subpoena. Wolf reserved his ruling on the issue until after Renke testifies at his hearing.

[Last modified August 25, 2005, 01:23:19]