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Politics

Speaker examining appellate judge's actions

By ALEX LEARY
Published December 8, 2006

TALLAHASSEE - The speaker of the Florida House has opened an investigation into a judge accused of showing favoritism to former Sen. W.D. Childers in a bribery case.

Speaker Marco Rubio, R-Miami, sent a letter to the Judicial Qualifications Commission this week asking for records related to its investigation of Judge Charles Kahn, who was elected in 2005 to head the 1st District Court of Appeal for two years.

Kahn, 55, quietly relinquished his leadership role in October but remains on the court. Kahn is a former law partner of one of Childers' close friends and political allies, Fred Levin.

The judge faced a revolt among fellow judges, including one who has family and professional ties to Rubio's office, after Kahn voted to overturn Childers' conviction for bribing a fellow Escambia County commissioner with a pot of money.

A full panel of judges, however, upheld the conviction and 31/2-year prison sentence.

Rubio's move could presage House impeachment proceedings, though he said Thursday it was premature to speculate.

"It's really just a fact-finding endeavor," he said.

Though somewhat rare, it is not unprecedented for the House to investigate judges. In 2004, for example, Pinellas-Pasco Circuit Judge Charles Cope resigned just as House Speaker Johnnie Byrd moved toward impeachment.

Cope had pleaded no contest to public intoxication and inappropriate contact with a woman following a 2001 trip to California.

In many cases, disciplining judges is left to the JQC.

But Rubio said he felt obligated to look into the matter, as is allowed under the state Constitution. He said he was motivated by a news story about Kahn in the St. Petersburg Times last month.

"When we see things raised in the media, we're going to follow through," Rubio said.

He said he also plans to seek files on Circuit Judge Richard H. Albritton Jr. of Panama City, who was suspended in June by the Florida Supreme Court after he acknowledged asking lawyers for gifts.

Rubio's office has ties to the appellate court.

His general counsel, Jeremiah Hawkes, is son of Judge Paul Hawkes, a former House member from Crystal River who was one of the judges to overrule Kahn on the Childers case.

And Rubio's chief of staff, Richard Corcoran, is a former legislative aide to Hawkes. The two did political consulting together.

But Rubio said that had no bearing on his decision to seek investigative records. Judge Hawkes said Thursday the only conversation he has had with Rubio recently is to congratulate him on assuming his role as speaker.

[Last modified December 8, 2006, 00:09:32]