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Outspoken judge faces inquiry
By DAVID KARP, Times Staff Writer TAMPA -- For several years now, Circuit Judge Gregory Holder has been the lone voice inside the courthouse condemning the conduct of Hillsborough judges mired in scandal. He has sparked investigations and focused the media's attention on misconduct that might have remained secret. But now Holder finds himself in a peculiar spot: the target of an investigation. The state Judicial Qualifications Commission is investigating allegations that Holder gave a false or misleading answer on an application to become a federal judge. In answer to questions Thursday from the Times, Holder acknowledged receiving formal notice of the investigation and said he had done nothing dishonest. "I work for the citizens of Hillsborough County and the 13th Judicial Circuit. I will let them be the judge of my conduct," Holder said. The JQC notified Holder in October of the investigation and summoned him to appear before its investigative panel last month. The panel could charge Holder with violating the canons of judicial conduct or close the investigation privately. If charged with a violation, he faces a reprimand, suspension or removal from office. Holder has been one of the most controversial figures at the courthouse. He has often spoken out about other judges' conduct while colleagues remained silent. Often quoted in the newspaper, he was scornfully called "the courthouse leak" by former Hillsborough Chief Judge F. Dennis Alvarez. Since he began speaking out, three Hillsborough judges have resigned. Another, Circuit Judge Robert Bonanno, faces a reprimand from the Supreme Court and possible impeachment by the Legislature. Holder asked the JQC last year to investigate Bonanno after a bailiff found Bonanno in Holder's empty office after hours. JQC general counsel Thomas MacDonald Jr. declined to comment Thursday. The investigation into Holder focuses on his answer in May 2001 to a question on an application to become a federal judge. It asked: "Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by, or been the subject of a complaint to, any court, administrative agency, bar association, disciplinary committee, or other professional group?" Holder answered, "No." In fact, the JQC's chairman had met twice with Holder to admonish him after receiving complaints. In 1998, the former JQC chairman met with Holder in the chief judge's office after Holder spoke to the Times about a hearing in juvenile court. Earlier this year, the JQC chairman asked to speak to Holder again, this time at a hotel in Tampa where the JQC was meeting. The JQC chairman told Holder not to speak to reporters about a JQC investigation into Alvarez. "I absolutely heeded the advice given to me," Holder said. When filling out the federal judge application in May, Holder said, he didn't know the JQC had what it considered formal complaints against him. But records show the JQC sent Holder a letter in February this year, after the second chat, citing "complaint No. 00-449." Asked about the letter Thursday, Holder said he never received it. "If I read that question (on the application) too restrictively, I will apologize and have apologized to the commission and the citizens I serve," Holder said. "But my answer at that time was honest and faithful." Members of the judicial nominating commission that screened Holder's application didn't appear concerned Thursday. "The question is: Was the JNC fully apprised and informed of all relevant facts and circumstances that may affect the decisionmaking process?" said attorney and commission member Richard Salem. "From the review of the data and discussions, I think we were informed of all pertinent, germane facts." The commission did not recommend Holder for the federal judgeship, but it wasn't because he failed to disclose the JQC matters. "I personally would not have been concerned about it," said attorney Harvey Klein, another commission member. Others said judges should disclose all complaints, even if they are small ones. Two Hillsborough judges both revealed minor, secret JQC complaints on applications for a state appeals court post this year. "I feel the process is one that invites and encourages full disclosure," said Jeanne Tate, chairman of the commission that screens circuit and county judges in Hillsborough, speaking in general. "I have always felt personally and professionally that it is better to tell the whole story," Tate said. "At my house, my kids get in more trouble for lying about something, than for the something that they did." -- David Karp is at 226-3376 or karp@sptimes.com.
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