Tampabay: Jury blasts judge's leadership

TAMPA -- A grand jury that looked into wide-ranging accusations of misconduct at the Hillsborough County Courthouse has urged local judges and the Florida Supreme Court to review the leadership of Chief Judge F. Dennis Alvarez.

In a report released Thursday, the grand jury of 20 citizens didn't accuse Alvarez of committing any crimes but raised concerns about his leadership and his failure to take a "more active role in preventing the embarrassment our justice system has suffered."

"I think (the grand jurors) want to have confidence that judicial administration is being handled properly," said State Attorney Jerry Hill of Polk County, who was appointed to lead the investigation. "I think what they are saying is, "Right now, we are not sure we can have that confidence.' "

While the grand jurors noted that some believe the courthouse runs well, they raised concerns about the lack of term limits for the chief judge and the "ability of a long-serving chief judge such as Judge Alvarez to effectively deal with problems" like the ones swirling around the courthouse.

The usually gregarious Alvarez declined to answer questions Thursday. Instead, he handed out a typed statement that called the grand jury's comments "unsupported by the facts." He said he wished the grand jury had questioned him about his role as chief judge when he testified before them.

"The grand jury was obviously not properly advised about the limited authority granted to chief judges," the statement said.

If Alvarez's fellow judges do not support him, he said, they could have voted him out as chief judge, a job he has had since 1988. Alvarez, who has spoken of running for mayor of Tampa, is up for re-election as chief judge this year.

Hill called Alvarez's statement misleading.

"But apparently from his point of view, there is maybe some self-preservation involved," Hill said. "He was there (in the grand jury room). He knows what was asked. He knows how he responded. And to make comments like that is totally improper."

The year 2000 was filled with scandal at the courthouse. One judge quit in the ugly aftermath of an affair with a bailiff. Another is under scrutiny after being caught in a fellow judge's office after hours. Yet another resigned after being accused of sending racy e-mails to a female judge and assistants. In that case, questions were raised about whether Alvarez tried to cover up the matter.

As chief judge, Alvarez is the administrative head of the county's nearly 50 judges, responsible for assigning judges to divisions and leading various court projects.

The grand jury convened in August after Circuit Judge Robert Bonanno was found inside Circuit Judge Gregory Holder's dark and locked chambers. In a response that showed the cliques and divisions among Hillsborough's judges, Holder called for an investigation that resulted in the grand jury's report.

In addition to rebuking Alvarez, the report calls on the Judicial Qualifications Commission, which regulates the conduct of judges, to open investigations to the public to "instill confidence in the judiciary."

They pointed to Circuit Judge Gasper Ficarrotta, who resigned in December after his affair with a bailiff became public and questions were raised about political fundraising. The grand jurors praised his resignation as an "honorable act" that saved taxpayers money, but noted that the judge's decision effectively sealed the JQC's records from the public.

Only through the grand jury and other investigative reports could the public learn that Ficarrotta helped raise campaign funds for Sheriff Cal Henderson in violation of ethics rules.

Thursday, Holder agreed wholeheartedly with the grand jury's conclusions.

"I would not change one word on that document," Holder said.

He said term limits for chief judge should be implemented "at the earliest possible time." Also, he said, it's up to the leader of any organization "to not only set the standard for ethics and morality, but to swiftly and surely enforce those same standards on his or her colleagues."

Others came to Alvarez's defense. Attorney Barry Cohen, who represents bailiff Tara Pisano, said he doesn't think the criticism was justified.

At one point during the troubles between the bailiff and Ficarrotta, Cohen said, they met with their lawyers and Alvarez at Cohen's downtown office.

The chief judge "made it clear he wasn't going to tolerate this kind of thing in the future and that he would expect a totally different standard of conduct from Judge Ficarrotta," Cohen said.

"He had to balance the concern for preserving the integrity of the system versus admonishing a judge for conduct unbecoming a judicial officer," Cohen said. "And I think he did that effectively."

The chief judge cannot hire or fire judges, and has no say over their salaries. However, chief judges can decide whether a judge gets an assignment considered desirable, such as civil court, or one considered difficult, such as juvenile court.

Sections of the grand jury report which deal with Bonanno remain sealed because he is fighting to have it altered, repressed and destroyed.

"I don't think you have seen their entire message," Hill said about the grand jury.

Recent coverage

Clean the courthouse (December 16, 2000)

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