More fallout from a heated Florida judicial election

In March, I flagged a story about Palm Beach County Judge Dana Santino, who was elected last November after running a particularly ugly campaign against his opponent, Gregg Lerman.  Judge Santino ran ads suggesting that Lerman, a defense attorney, represents “murders, rapists, child molesters, and other criminals.” She was subsequently investigated by the Florida Judicial Qualifications Commission, and admitted to violating two canons of judicial ethics. The Commission has yet to issue a recommendation to the Florida Supreme Court about Judge Santino’s punishment, if any.

In the meantime, there has been an interesting ripple effect. It turns out that before her own election, Judge Santino briefly served as a campaign manager to another Palm Beach County judge, Circuit Judge Cheryl Caracuzzo. In light of this fact, Gregg Lerman (Santino’s former opponent) asked Judge Caracuzzo to recuse herself from all cases in which he was representing a party. Judge Caracuzzo agreed.

Although requested by Lerman, the recusal now makes things more complicated for his practice. There are fewer judges available to his clients, which may lead to more delays in the administration of justice.

All involved insist that there are no hard feelings about the earlier campaign. But judicial elections have these sort of ancillary (and ultimately predictable) effects. At minimum, a lawyer in Mr. Lerman’s shoes might think twice before seeking a judicial position in the future.

 

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