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Politics

Disputed seat still unresolved

A judge delays a ruling in the Rocco-Robinson race.

By ASJYLYN LODER
Published December 12, 2006

ADVERTISEMENT [Times photo: Maurice Rivenbark] Judge John Booth listens to attorneys Monday morning in the legal battle between District 2 County Commission candidates Hannah "Nancy" Robinson and Rose Rocco. Booth asked both sides to submit proposed orders.

BROOKSVILLE - A daylong hearing Monday ended with no indication of who will take Hernando County's District 2 commission seat - or when.

Judge John Booth asked each side to submit proposed orders - essentially a wish list - by Dec. 20, but gave no indication with whom he sides, or when he would sign one of the orders.

Former Commissioner Hannah "Nancy" Robinson argues that Rose Rocco, who won the race by 1,444 votes, is not eligible to take office because she didn't live in the Spring Hill district on Election Day. Robinson claims that she was therefore "unopposed" and should be allowed to reassume the seat she held for 14 years.

Rocco said she moved into the district Nov. 15, before the results were made official. That's all the law requires, she claims. In any case, Robinson isn't entitled to the seat, even if the court finds Rocco ineligible, Rocco's attorneys argue. Instead, a special election would have to be held.

The case is further complicated by a series of motions and appeals, as well as a handful of intervenors. Five lawyers flanked Rocco at the defense table Monday: three on her behalf and two representing five intervenors arguing in support of her. Robinson had her own attorney along with Joe Mason, an attorney for an intervenor on her behalf.

Both candidates took the stand Monday. Robinson's testimony was brief and unremarkable, while Rocco was visibly annoyed by the needling of Mason and Robinson's attorney, Robert Morris Jr.

Ronald G. Meyer, the lead attorney for Rocco, accused Robinson's attorneys of trying to "string together" pieces of law into a "strained reading" that goes against the clear will of Hernando County voters.

"The people have spoken," Meyer insisted to the court.

"Our main thrust is that Mrs. Rocco is qualified for election to, and is eligible to serve as, the District 2 county commissioner," Meyer said after the close of the hearing.

Mason, an attorney for political gadfly and plaintiff intervenor Janey Baldwin, called it not a case of hanging chad - in reference to the disputed 2000 presidential election - but of a "hanging candidate" who wavered between two districts until the election was decided. She tried to "game the system" and violated the law, he said.

Meyer, a Tallahassee attorney who helped defeat Gov. Jeb Bush's school voucher program, remained poised and calm throughout the hearing, even as he voiced a series of objections to questions Morris and Mason put to Rocco. By contrast, Morris' argumentative style led one witness to demand an apology from him.

The occasional verbal fireworks did little to rouse Booth's interest. He remained an inscrutable arbiter, leaving neither side willing to hazard a guess as to his leanings after the hearing finished.

The District 2 seat has remained vacant since Nov. 21, the day Rocco was scheduled to take office. On Nov. 20, Booth temporarily barred her from taking the seat. Rocco has appealed that injunction.

Rocco's attorneys wanted to hold off on Monday's hearing until the appeals court had a chance to rule. They've requested an expedited hearing.

But Booth decided to forge ahead Monday and said at the close of the hearing, "I will keep this case moving as fast as possible."

Both sides have promised to appeal if Booth doesn't rule their way, and they say the case will likely end up before the Florida Supreme Court.

Asjylyn Loder can be reached at aloder@sptimes.com or 352754-6127.

[Last modified December 12, 2006, 06:34:46]