Crist promotes Labarga to S. Court

Gov. Charlie Crist today appointed Jorge Labarga to the Florida Supreme Court, filling his third of four vacancies on the state's highest tribunal. Labarga, 56, of Wellington, is a native of Cuba who Crist just last week elevated from the Circuit Court in Palm Beach County to the 4th District Court of Appeal.

Labarga will replace Harry Lee Anstead, 71, who must step down from the bench because of the state's mandatory retirement age of 70. Labarga is not without controversy: He made some off-the-cuff remarks from the bench in 2007 that raised questions about his judicial temperament.

Crist, as expected, chose Labarga over another Hispanic finalist, Frank Jimenez, a legal adviser to former Gov. Jeb Bush. Jimenez's name was added to the roster of finalists in a controversial 5-4 vote by the Supreme Court Judicial Nominating Commission.

Last month a group of lawyers complained that the JNC ''ran afoul of Florida law'' and appeared to bow to political pressure when it nominated Jimenez.

A group of 25 lawyers then countered with their own letter to the JNC's Supreme Court chairman Robert Hackleman supporting the commission's work.

Told Dec. 18 that people were saying "the fix is in" for Jimenez, Crist answered: "They're going to be surprised."

Comments

Another very solid pick by our Governor!

[I miss America!]

America shall long for the days when people were selected for highly responsible positions based on ability, rather than poll numbers and PC ethnicity.

Is anyone surprised that Charlie caved to the trial lawyers? All their bitching and moaning about the JNC process was nothing more than a political ploy to keep Jimenez off the court because they didn't like his political background. And, of course, the Times was right there alongside their friends in the trial bar leading the charge that Jimenez was not qualified even though an honest review of credentials of the nominees and past appointees to the Court clearly reveal that he is more than qualified.

If Charlie had planned on picking Labarga all along why did he appoint him to the DCA? The truth is he caved to the political pressure from the trial lawyers and to politically biased media outlets like the Times.

[Carol]

When is the Crist term over?

10:59 Well now you can drop this issue and promote your other wingnut pals, right?

2010 if not re-elected
2014 due to term limits
2012 if he becomes President or VP

"Is anyone surprised that Charlie caved to the trial lawyers?"

just wait until you or one of your like-minded imbiciles are injured by someone or some entity and discover that the pro-bidness repiglicans have severely limited or all-but-erased your right to recieve fair compensation all in the name of judicial reform!

FREAKINIGNORANTJAGOFFS!!

you are simply STUPID!!

11:10

2010 - We can only hope
2014 - If we're dumb enough
2012 - No chance in hell

Charlie is worthless... never regretted voting for somebody so much.

[t-hizzel]

11:20 lets hope youre right!!!!

This is an excellent pick...as qualified as he may be--Jiminez doesn't even LIVE in Florida...

[PC_in_Tampa]

An "excellent pick"?
Judge LaBarga gave Noel Schultheis, a 34-year old man who lured young boys, some younger than 12 years old, into his house and molested them sexually little more than a lsap on the wrist for his crimes. Despite eventually finding him guilty, Judge LaBarga seemed more concerned with protecting the sexual predator than with punishing him. LaBarga refused to allow the state to detail Schultheis's crimes in open court because it could have subjected him to the anger of his fellow inmates who were also in the court. Judge LaBarga then only sentenced Schultheis to 10 years in what should have been a case resulting in life imprisonment. Some of Schultheis's victims won't even be able to legally drink alcohol before Schultheis is out of prison for molesting them.
Additionally, Judge LaBarga essentially freed convicted road-rage shooter Vishnu Persad in 2007 when he refused to allow the state to offer evidence of one of the victim's eyewitness identification during a retrial following Persaud's conviction by a jury of his peers. Judge LaBarga refused to allow the second jury to hear and evaluate the eyewitness testimony on which the first jury convicted Persaud. Judge LaBarga's bombshell ruling eviscerated the state's case since eyewitness testimony was the only basis for identifying Persaud as the shooter. Faced with a lack of evidence, the state decided to drop the case and Persaud was freed.

In 1994, Judge Labarga successfully represented Clint Albert, the defendant who was charged with murder after stabbing a prostitute to death in a cocaine binge. He actually claimed he is "proud of this case" because it was the first time a jury had accepted "voluntary intoxication as a total defense to murder".

Still think this is an "excellent pick"?
I'll bet the parents and families of the victims of the crimes to whom LaBarga refused justice would disagree.

... ouch!

Charlie=one term!
Confirmed over and over again!!!!

Real Republican

This whole process was so dignifying to all involved.

[Buddy Headlock]

The kiss of death for Jimenez was his distinction -- in the eyes of Crist, his unpardonable sin -- of once having served Jeb Bush. Despite his humble-pie platitudes, Crist is a an old-fashioned political score settler who likes to stick the knife in and break it off.

St. Pete Times staff:

Please more details about this nominee/appointment.

Posted by: PC_in_Tampa | January 02, 2009 at 12:40 PM

A defense attorney has an ethical duty to be a zealous advocate for his client. Otherwise the attorney is being highly unethical.

CC = One Term

Jan 2, 11:55 AM EST

Governor names Labarga to Florida Supreme Court

By MITCH STACY
Associated Press Writer

ST. PETERSBURG, Fla. (AP) -- Gov. Charlie Crist appointed Cuban-born lawyer Jorge Labarga to the Florida Supreme Court on Friday.

Labarga, 56, a state circuit judge who Crist appointed to an appellate court position just last month, was named to fill the vacancy created by the retirement of Justice Harry Lee Anstead. It was Crist's third appointment to the state's high court since late August.

Labarga has been a circuit judge since 1996 and was a public defender and prosecutor before that in a legal career that has spanned 28 years. During that time, Labarga has demonstrated "understanding and compassion for those involved in the court system," Crist said.

Labarga, who was among the nominees in both of Crist's earlier selections, earned his undergraduate and law degrees from the University of Florida. He said he was grateful for the opportunity.

"It is a great honor to serve the people of Florida in a position that will have lasting impact on our judicial system and on society," he said.

Labarga played a role during Florida's historic 2000 presidential recount, ruling Palm Beach County elections officials could not necessarily disregard irregular chads that had not been fully punched out on ballot cards.

The U.S. Supreme Court cut off the recount before it could be completed, handing Republican George W. Bush the Florida vote and the presidency by 537 votes over Democrat Al Gore.

A few weeks ago, it looked like Labarga was out of the mix for a job on the state's highest court. He was nominated as a candidate, but Crist passed him over to fill a vacancy created earlier this year by the resignation of the Supreme Court's only Hispanic member.

The governor instead appointed Justice Charles Canady, a former Republican congressman and state lawmaker.

The Republican governor then named Labarga, the only Hispanic among the five candidates put forward by the Judicial Nominating Commission, to an appellate court in December and eliminated him from Supreme Court contention.

Crist then asked the Supreme Court Judicial Nominating Commission to send him more names, noting it can offer up to six, to make the list more diverse. The panel then added Frank Jiminez, a politically connected Cuban-American lawyer from Miami.

Some lawyers, including dissenting members of the commission, complained Crist had politicized the nominating process. The governor then put Labarga back in the mix.

The other nominees included Jiminez, who worked for former Republican Gov. Jeb Bush and for U.S. Sen. Mel Martinez, R-Fla., when Martinez headed the Department of Housing and Urban Development; 5th District Court of Appeal Judge C. Alan Lawson of Daytona Beach; and circuit judges Kevin Emas of Miami, Waddell Wallace III of Jacksonville and Gill Freeman of Miami, the lone woman.

The upcoming retirement of Justice Charles Wells in March will give Crist an unprecedented opportunity to appoint a majority of the seven-member Supreme Court in his first term. The court currently has one black and two females justices.

Crist DID cave to the trial bar. there's no doubt about this. What a bag of jello.

Now, all you clowns that say, "one term and he's gone", you folks need to realize that this fella will continue to smile at everyone and he WILL get reelected because NO-ONE will call him out. There's absolutely now LEADERS in Florida - not on the cabinet, not in the legislature, not anywhere in the RPOF.

We continue to accept mediocrity for what it is and feathers must not be ruffled, simply stroked.

CC=74% Approval Rating. Two successful terms.

[stoney]

I didnt vote for him and am I glad.

[Bob]

Trial lawyers are the biggest threat to this Nation. Threats from terrorists pale in comparison.

No Nation was ever brought to prosperity with trial lawyers and government bureaucrats.

[Sam]

I just read a biography of our greatest president: Lincoln. He was a trial lawyer.

Charlie Crist has my vote as well as the vote of many others. Keep wishing wingnuts. Charlie Crist is liked by the vast majority of Floridians.

Bob...you are singularly the biggest idiot on this thread.

What "threat" do trial lawyers pose to society exactly?

Bob,

I sincerely hope that you have a great need for one of those trial attorneys you hate so much. (probably because you are jealous of them)

Let's see... if your wife or baby were killed by a drunk driver... you would say "that's ok, I don't want to sue you, I forgive you". Right?

so will crist now appoint jimenez -- the "you'll be suprised guy" -- to the 4th dca?

[Gator(R)]

6:15

Maybe it isn't the trial lawyers, its us. I imagine I would be as angry and ultimately as greedy as the next guy, but how much is my child's life worth.

Why is our first reaction to sue?

And if compensation is due and needed, why do lawyers have to be involved at all. Greed and selfishness is why.

I was 'sued' when I rear-ended a car and did less than $100 of damage.

Doctors are sued when anything goes wrong in a delivery or surgery, regardless of fault.

These situations raise costs for all of us.

Some of the lawyers involved are scumbags, and some of the anger, justifiable or not, is directed at the group that should be helping to control them, instead of lobbying for them to put up billboards and stupid ads.

[Brotha]

crist needs to go. He always tries to keep the man down.

[President elect]

Lawyers, bankers, and insurance companies run in the same sewer.

[Mark My Words]

Oh Great, Labarga sounds alot like Pareinte when it comes to protecting pedophiles from their child victims. This will not bode well for future child victims of sex offenders - not by a long shot. This is the type of judge Crist wrote his "anti-murder bill" for and he appoints this guy to the supreme court. What an incompetent jerk.

Governor - the next Carlie Brucia type victim will have been enabled by this addition to the court. It will be on your head!

Gator...no one is awarded money unless a jury of our fellow citizens finds fault and damages...and over fifty percent of the time they award nothing. Moreover, the number of suits filed for personal injuries continues to decline every year. The real area of litigation that is booming is business vs. business...and that is what drives up the costs of goods and services...

[JEB Republican]

This is a terrible pick. Why doesn't Charlie Crist just change parties and put an end to the pretend game?

Charlie Crist again caves into Villalobos and his liberal trial lawyer stooges. This was nothing more than an anti-jeb move. Had Jimenez never served under Jeb, he'd be the nominee today. Period.

This is a solid pick and has nothing to do with Jeb....get over it people. As for Jiminez...he doesn't even live in Florida.

This is not "a solid" pick; anyone that slaps the wrist of a child predator is abidicating his judicial responsibility. Children are defenseless and adult perverts are not.
A judge's ruling reflects the philosopy of the man.

I don't think this is an anti-Jeb move, not at all. It's a typical move for this governor. Like using "the Don" in his campaign in 2006. A signal to the gaming lobby. This pick is a predictable kiss blown from C.C. to the trial lawyers just like Jeff Kottecamp (for the people) was.

& Someone needs to tell John Morgan to work out, or stop doing commercials!

9:27 Understood; however, many cases are settled out of court to avoid the hassle, not necessarily because it is warranted.

Workers' Comp is a good example, rates could explode based on recent judicial ruling. I see both sides of the argument, but I think dishonest attorneys and employees will take advantage. As maybe, insurance companies took advantage of current laws.

Smarter minds than mine should think of a better way to keep the crap cases out of the system. I will not concede these don't happen too often.

[I'm a Republicrat as opposed to a Demlican]

10% left wing nuts, 10% right wing nuts and the rest of us are the 80%. If our newest Justice pisses off ALL he wing nuts, he may be perfect. A man of sound logic and reason. If both sides are not happy you have mastered the art of compromise with no one getting a better deal or advantage over the other. Mr. Justice, please just interpret the law, don't re-write it!

from gator(R):

"And if compensation is due and needed, why do lawyers have to be involved at all. Greed and selfishness is why."

because insurance companies employ people to say "NO" and give them bounses based on how many times they say "NO"!, thats why!!
or dont you know that?

"I was 'sued' when I rear-ended a car and did less than $100 of damage."

becaue YOU BROKE THE LAW, is why!
besides, i find it difficult to imagine "less that $100 of damage" to a modern car.

my father was rear-ended, not much physical damage and it was years until the underlying ijury to his cervical vertabrae lmanifested itself...he suffered pain and had no recompense for treatment for his unjury.

(please change your screen name...you are a disgrace the THE UNIVERISTY!)

[Gator(R)]

12:49

Read my entire post before insulting me and actually think about what I am saying. In my post, I acknowledged insurance companies were likely taking advantage of current WC law. My point was that greed and selfishness is on both sides. And it would

To further clarify - The actual damage in the accident was $56 - the rubber strip on the bumper of the car I hit had to be replaced - period. The accident took place about 10 to 15 years ago. My car suffered no damage that couldn't be popped out by hand.

Your point that I broke the law is irrelevant to whether a lawsuit was warranted, but nice try. Just an example where I believe an unnecessary lawsuit was file, you can believe it or not.

It is a stretch to assume your father's injuries were associated with an accident that happened years earlier (in your words relatively minor). I imagine the statute of limitations had run out was why he was not eligible for any recompense. Possibly a good example of why there is one I would say. Regardless, I am sorry he is or was suffering any pain.

I am sure UF can survive my posts without their reputation suffering overmuch.

"Don't taise me bro!"

you broke the law, jagoff!!

as an "R", we know that is irrelevant, but then fact is you broke the law when you hit someone from behind!

and, yes, if you or anyone hit me from behind, even with NO visible damage,id be thinking about filing since i wouldnt want the statute to run!

btw, there is no such thing as a $56 accident with TODAY'S automotive components, or havent you noticed?!!

geeze...do you make a living as a professional jagoff, cause you are good at it??

ever hear of "whiplash" jag??

[Gator(R)]

5:56 You are a peach.

at least not a PIT!!

To those who think you need proper representation, yes, of course you do.
But what do you say about an attorney collecting $20K plus in fees for a $5K claim?
The consumer pays in the end because they need to absorb all of the "earned" attorney fees. And please do not say this was an unusual case, when if fact, it is the norm.

Posted by: | January 02, 2009 at 06:15 PM

Bob is probably a corporate attorney defending the wealthy against the poor and middle classes.