Boy, am I going to be between banter hell and isolation island on this one. You may recall, a case in southern Florida, about a judge intending to marry his same sex partner. It received some national attention because southern Florida bankruptcy Judge Kenneth Olson had publicly discussed his intent to marry his central Florida same sex partner George Steven Fender. No sharing the same residence, the judge apparently schemed with a failing law firm of Michael Richard Bakst, to get Mr. Fender wealthy. (see the pleading that points out the inter relationships in petition to seek Judge Olson's recusal ( here)).
Though Judge Olson (pictured left) has denied any bad faith acts, the heat over the case has forced him to finally recuse himself from the case. Apparently the cases of Barbara Wortley and Richard I. Clark as Trustee for Joesph M. Wortly Trust etc., was going along in accordance with the law, until Judge Olson's spouse joined Mr. Bakst's law firm. Then the case suddenly spawned wealthy, materially adverse judgments against Wortley and other cases, for the direct windfall profit of Mr. Bakst firm and the judge's boyfriend Mr. Fender.
Not only did the Bakst law firm stop failing, but his new, yet vastly inexperienced counsel GS Fender, received large pays, bonuses and perks galore. However, Judge Olson does not wish to make the case about the facts. Instead, he wishes to make it a gay rights abuse issue. As can be seen in the Daily Business Review - Law.com article ( here), Judge Olson denotes that;
In refusing [initially] to step down - Judge Olson fired back:
"Because my fiancé’s employment at Ruden McClosky is an insufficient basis for recusal, and because nothing other than that employment and our upcoming marriage is offered to support the movants’ allegations, I will accordingly deny their recusal motions."
You can see final recusal order ( here)
Yet, that is not the end to the case. There are only 2 bankruptcy Judge's in the venue, that can possibly have connections to the case. Surreptitiously, the case landed into the lap of the only other judge with a possible connection.
So now, Wortley and their counsel are also seeking recusal of a second justice ( here), the Honorable Judge Raymond B Ray. There are no accusations of wrong doing by the Wortley side against His Honor Raymond B. Ray. What is in contention is the appearance that it is possible impropriety may transpire. As the Wortley team stated in a letter to Judge Ray pointing out that Judge Ray's son practices before Judge Olson. Thus, there is the plausible possibility that Judge Olson can hold a hammer of implied threat of Judge Ray's son. As is pointed out in the Wolter's team letter to Judge Ray;
"The pending motions involve what we consider to be corrupt activity, and we are mindful of the difficulties involved in determining them, in the context of a tight-knit Bankruptcy community. It has just come to our attention that your son, who we understand is a Bankruptcy attorney, practices extensively before Judge Olson. We realize that this places you in an untenable position with regard to our pending motions and the prosecution of our defenses. It also perpetuates the terrible appearance of impropriety that has tainted this case, and is further complicated by the facts that, while your son practices extensively before Judge Olson, at the same time Judge Olson's spouse practices before your Honor. It appears that your son has becorne involved in six (6) new matters before Judge Olson":
That letter was written on April 7, 2011, and received no appropriate response. So the Wolter team filed suit to force Judge Ray to recuse himself. We cannot find any stories online, except the one of the Daily Review - which is a Join to read network. So I have posted the pleading online ( here). What is pertinent is the fact that Chief Judge Federico Moreno of the Southern District of Florida = had this to say;
"I would have to be candid that I'm concerned with the allegations. It's a matter of public concern because it gets in the media, but whenever something goes to the integrity of the judicial system, it's just not good, you know ... it's uncomfortable and it's something that I agree is a matter of great interest in order for people to be more satisfied that the decision was made totally unrelated to the relationship between the judge and the lawyer (pp. 5- 6, lines 22-25 and 1, 5-8).
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[T]he relationship between a judge and the lawyer involved, it's uncomfortable whether you're married, whether you're living with the person, whether he's your best friend and you golf every day, you know, depends on how close you are; but the closeness, even from Judge Olson's order, is not in dispute (p. 8, lines 19-24}.
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[W]hy am I uncomfortable with this whole thing, and you're not at all? I mean, wouldn't it be easier just to-- we've got enough bankruptcy judges. We've got enough district judges, and I mean, judges recuse all the time ... (p. 9, lines 13-16}.
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And when we say only in Miami, now I have to expand and say only in the Southern District do we come up with facts that would make a TV show, but you know, I will tell you, that's why I brought you in for status, it's uncomfortable, because no matter what it is, there's going to be a feeling that it's a tainted judgment ... (p. 12, lines 18-23).
But the Conclusion statement of Chief Justice Moreno, is the best synopsis of the real issue of the case. It is not a gay, straight or same sex marriage being picked on issue. It is a matter of cronyism and corruption. As His Honor Chief Justice Federico Moreno poignantly remarked;
"You see, the appearance of it is troublesome to me. I'll be up-front. It really is. How can it not be? I mean, I'm married to a lawyer ... and I'm not the only judge who has a spouse who's a lawyer. But I would never think of ruling in a case involving my wife" (p. 20, lines 4-7 and 9-11 ).
Yesterday, my Diary ( here) was about former US Supreme Court Justice Stevens speaking out on prosecutorial bad faith and how Congress should make it a law, that citizens can sue prosecutors for willful misconduct. Anyone who follows me, or looks me up on the web, can see that we are in a gargantuan battle against a behometh horde of Goliaths corrupt. Including Federal Judges, US Attorneys and US Trustees (needless to say Bain, Romney and Goldman Sachs). So, due to unfortunate circumstance, I have become sort of an expert (especially on being abused thereby) of system of justice cronyism and corruption. We need Judicial and Prosecutorial accountability.
NO ONE SHOULD BE ABOVE THE LAW!
Especially America's tax paid public servants!
Thus, the question is, should Judge Olson be ashamed of himself, for advancing his corruption and cronyism, by cheating the facts - utilizing the cover that it is really an attack on his same sex marriage?
I say NO - such a posture only helps put a burden upon the cause, where naysayers have a way to point and say - LOOK! But, yesterday, a friend who is extremely important to me said "If it gets the issue on the Front page - let cronyism & corruption reign".
What say ye?