Almost 50 different Judges have heard parts of the Schiavo case. Yet there is remarkable agreement on the correctness of the procedures followed and on the state of the factual record. Who are these people, how did they get on the bench?
These Judges are not "liberal activists" appointed by Democrats. Rather, they are largely elected (or retained by regular referendum after appointment). Of those appointed 19 were appointed by a Republican and 18 were appointed by a Democrat (one judge was appointed by both a Republican and a Democrat).
Get the full record below the fold:
If you hear the Animated Corpse Corps whinging about "activist" judges, remind them that they were largely elected and/or retained by Florida voters. Remind them that the appointements were made by both Republicans and Democrats. Remind them that the most vociferous supporter of the Schindlers was Judge Wilson, a Clinton appointee.
The following paragraphs state the name(s) of the judge or panel; first ruling; court; date of first ruling. Note that some of these judges, especially the Florida District Court of Appeal, reviewed the facts and the law several times.
1. Unknown (Elected).
- Appointed Schiavo guardian pursuant to Florida Statute.
- Florida Circuit Court. Florida Circuit Court Judges are elected by contested nonpartisan elections for a 6 year term. Then they must be retained by vote every 6 years. Vacancies are filled by appointment until the next general election.
- June 18, 1990
2. Unknown (Elected).
- Dismisses Parents' petition to remove guardianship.
- Florida Circuit Court.
- February 1994
3.
Penick (Elected,
Retired 2004).
- Requires Schaivo to notify Schindlers of changes in Terri's condition.
- Florida Circuit Court.
- June 18, 1996
4.
Mark I. Shames (Elected).
- Approves request to remove nutrition and hydration.
- Florida Circuit Court.
- May 1997
5. Caddell (Elected).
6. Bruce Boyer (Elected, Retained
unopposed in 2002).
- Heard the case for several months, and refused to appoint a permanent guardian ad litem.
- Florida Circuit Court.
- February 1999
7.
Greer (Elected/
Retained in a contested election in
2004) with over
65% of the vote.
- Trial judge.
- Florida Circuit Court.
- Voluminous rulings on every aspect of the case.
8 - 10.
Parker (Appointed by Martinez (R) Died 2003),
Blue (Appointed by Chiles (D), Retired 2003),
Altenbernd (Appointed by Martinez (R), Retained 1990,
1996 and 2002).
- Panel ruled that trial judge had clear and the convincing evidence required to rule that the feeding tube should be removed.
- Florida State District Court of Appeal, 2nd District. Florida District Court of Appeal judges are appointed by the Governor from a nominating committee, then subject to a retention election every 6 years.
- January 24, 2001.
11. Unknown (Appointed).
- Denied rehearing of Florida District Court of Appeal opinion.
- Florida State District Court of Appeal, 2nd District
- February 22, 2001.
12 - 16. Justice
Harding (Appointed by Chiles (D) Retired in 2002),
Justice
Anstead (Appointed by Chiles (D) Retained 1996 and 2002),
Justice
Pariente (Appointed by Chiles (D) Retained 2000),
Justice
Lewis (Appointed by Chiles (D) Retained 2000),
Justice
Quince (Appointed by Chiles (D) AND
Bush (R) Retained 2000).
- Review of Florida District Court of Appeal opinion denied.
- Florida Supreme Court. Like the District Court of Appeals, Florida Supreme Court Justices are appointed by the Governor from a nominating committee, then subject to a retention election every 6 years.
- April 18, 2001.
17. Richard
Lazzara (Appointed by Clinton (D)).
- Grants the Schindlers a stay on order allowing removal of feeding tube for three days to exhaust all their possible appeals.
- Federal District Court. Federal District Court Judges are appointed for life by the President with the advice and consent of the Senate.
- April 20, 2001.
18. Justice
Anthony M. Kennedy (Appointed by Regan (R)).
- Refuses to stay case for Supreme Court review.
- U.S. Supreme Court. Supreme Court Justices are appointed for life by the President with the advice and consent of the Senate.
- April 23, 2001.
19.
Frank Quesada (Elected).
- Based on a new civil suit filed on the same day by the Schindlers which claims that Michael Schiavo perjured himself when he testified that Terri Schiavo had stated an aversion to remaining on life support, the Circuit Court orders Terri Schiavo's PEG tube to be reinserted pending trial of this new case.
- Florida State Circuit Court.
- April 26, 2001.
20 - 21. Justice
Wells (Appointed by Chiles (D) Retained 1996 and 2002),
Justice
Shaw (Appointed by Graham (D) Retired 2003).
- Florida Supreme Court refuses Schiavo's request for a review of the Circuit Court order allowing doctors to examine Terri - allowing the examination to go forward. Justices Wells, Harding, Pariente and Quince in the majority. (Shaw, Anstead, and Lewis dissent)
- Florida Supreme Court.
- February 22, 2002.
22 - 23. Justice
Cantero (Appointed by Bush (R) in 2002).
Justice
Bell (Appointed by Bush (R) in 2002).
- Supreme Court declines to review trial court decision. Anstead, Wells, Pariente, Lewis, Quince, Cantero and Bell, concur, no dissents.
- Florida Supreme Court.
- August 22, 2003.
24. Steven D.
Merryday (Appointed by Bush 1).
- Refuses to order Stay to allow Advocacy Center for Persons with Disabilities, Inc. to investigate case.
- United States District Court.
- October 21, 2003.
25.
David Demers (Elected).
- Appoints a Guardian Ad Litum to represent Terri's interests as required by the Florida State Statute a/k/a "Terrri's Law."
- Florida Circuit Court.
- October 31, 2003.
26. W. Douglas Baird (Elected).
- Denies Governor Bush's motion to dismiss the state-court suit contesting Terri's Law.
- Florida Circuit Court.
- November 8, 2003.
27.
Davis (Appointed by Bush (R)),
Fulmer (Appointed by Chiles (D), Retained 2002),
Wallace (Appointed by Bush (R)).
- A new panel of the 2nd District Court of Appeal reverses lower court ruling which denied the Schindlers permission to intervene in Schiavo's Constitutional challenge to "Terri's Law" for failure to follow procedure.
- Florida District Court of Appeal, 2nd District.
- February 13, 2004
28 - 36. Court Bios
here.
Justice Rhenquist (Appointed by Regan (R))
Justice Stevens (Appointed by Ford (R))
Justice O'Connor (Appointed by Regan (R))
Justice Scalia (Appointed by Regan (R))
Justice Kennedy (see, above at # 18)
Justice Ginsburg (Appointed by Clinton (D))
Justice Bryer (Appointed by Clinton (D)).
* U.S. Supreme Court refuses to grant review of Florida Supreme Court's decision declaring "Terri's Law" unconstitutional. The
Petition is presented to Justice Kennedy who refers it to the entire Court which declines review without comment or releasing the vote tally.
* January 24, 2005
37. James D. Whittemore (Appointed by Clintion (D)).
- Denies application to re-insert tube. Applying the "Act for the relief of the parents of Theresa Marie Schiavo" (Pub. L. No. 109-3), parents have not demonstrated likelihood of success on merits.
- US District Court.
- March 22, 2005.
38 - 40. Carnes (Appointed by Bush I (R)),
Hull (Appointed by Clinton (D)),
Wilson (Appointed by Clinton (D) (dissent)).
Pop-up
bios here.
- Denies review of US District Court Opinion.
- US Court of Appeals, 11th Circuit.
- March 23, 2005.
41 - 49. Edmondson (Appointed by Regan (R))
Tjoflat (dissent) (Appointed by Ford (R)
Wilson (dissent see above
Anderson (Appointed by Carter (D)
Birch (Appointed by Bush I (R))
Dubina (Appointed by Bush I (R))
Black (Appointed by Bush I (R))
Carnes (see above)
Barkett (Appointed by Clinton (D)
Hull (see above)
Marcus (Appointed by Clinton (D))
Pryor (Recess Appointment by Bush II (R)).
Pop-up
bios here.
- En banc hearing to review decision of panel is denied. Entire 11th Circuit, United States Court of Appeals.
- March 23, 2005.
Many thanks to the valuable
Schiavo Case Resource timeline which provided many of the dates and names and links cited in this post. The Timeline is a project of the University of Miami's Ethics Programs and was assembled by Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center, Kenneth Goodman, University of Miami Ethics Programs, with the assistance of Steven Haidar, Dartmouth College.