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Judge's dismissal looms large

The state Supreme Court removed John Renke III for campaign violations. This fall's candidates for the county bench have been briefed on how to avoid a similar fate.

By JAMAL THALJI
Published September 4, 2006

John Renke III's campaign for circuit judge got him elected in 2002. Then it got him fired in 2006.

Months after Renke's June dismissal for inflating his experience and using an illegal loan, the six candidates for two Pasco County judgeships find themselves campaigning in the ex-judge's shadow.

"We are probably the most warned batch of candidates," said Assistant County Attorney Anthony Salzano, who is running for the Group 7 judgeship.

The Renke decision was highlighted at candidate forums held statewide by the Judicial Ethics Advisory Committee. Renke was the 16th judge removed by the Florida Supreme Court since 1970, but the first removed solely for campaign violations.

The primary Tuesday is Pasco's first judicial election since Renke's dismissal, and the ex-judge's fate stands as a warning of the scrutiny candidates might face for their campaigns.

Not that Canon 7 of the Judicial Code of Conduct, the rules of running for judge, gives them much leeway. Judicial candidates can't do things other candidates can. For starters, judicial races are nonpartisan. Candidates cannot use their political affiliations.

"The question I get the most in one-on-one conversations is 'What party are you, are you a Democrat or a Republican?' " said Assistant Public Defender Anne Wansboro, who is running in Group 6. "I tell them that judicial candidates are not allowed to answer that question. It's a very serious rule."

The candidates cannot misrepresent the qualifications and positions of themselves or their foes. They're not supposed to take public positions on issues that might someday come before them.

"A lot of times people will ask you about the hot topics, whether it be abortion or the death penalty, things like that," said former prosecutor Frances Werner-Watkins, a candidate in the Group 6 race. But all candidates can say, she said, is "they'll be fair, impartial and follow the law."

Which is why when candidates speak to groups, there's not a whole lot of speaking involved.

"I tell them I'm running for judge, can I come introduce myself," said defense attorney Candy VanDercar, a Group 7 candidate. "I tell them my qualifications and ask them to consider voting for me. That's all you can do."

Does that satisfy all the voters?

"I think it's about just trying to be upfront with everybody," said attorney Frank Grey II, running in Group 7. "I think they probably understand. I don't know if they like it. But I think they understand."

The Renke affair is also a reminder of something else: The Florida Supreme Court isn't bound by the recommended punishment for an errant judge. The court exceeded the Judicial Qualification Commission's recommended sanction of Renke when it stripped him of office, a message hammered home at those candidate forums.

"They made it clear that in light of the Renke decision, the Supreme Court is not going to look favorably on any missteps during the campaign," said lawyer Bruce Przepis, a candidate for the Group 6 race.

Here's all the state's highest court might find noteworthy about Pasco County's judicial races:

VanDercar tried to use a British double-decker bus to display her campaign signs. She gave up after the county said it violated the vehicle sign ordinance.

Then there's a Salzano campaign mailing. It shows the candidate standing over a grey-haired gentleman, helping him with the book he's holding. But the man holding the book is state Sen. Mike Fasano, the influential New Port Richey Republican.

Fasano is identified by name only, not by his office or party affiliation. Fasano and Salzano both say the candidate did not solicit the endorsement, which Canon 7 forbids. Fasano said he just wanted to recommend his friend in the Group 7 race.

Neither VanDercar nor Grey would comment on the flier, which Salzano said follows the rules.

The Florida Supreme Court's Judicial Ethics Advisory Committee said last week such endorsements are fine as long as they are not partisan and the elected official isn't running for re-election.

Salzano said he's not trying to attract the GOP vote by advertising Fasano's endorsement. He said he's just publicizing the recommendation of a "community leader and a citizen."

[Last modified September 3, 2006, 22:04:58]