OPEN LETTER TO THE FLORIDA CONSTITUTION REVISION COMMISSION
Holding the Constitution Revision Commission To Ethical Standards
Mr. Henry M. Coxe II
101 East Adams Street
Jacksonville, Florida 32202
Mr. Coxe (and other Florida Constitution Revision Commissioners):
Our publication - VolusiaExposed.Com has continued to question - as detailed within our September 18, 2017 and November 8, 2017 articles - whether the Florida Judicial Qualification Commission (JQC) is actively conspiring to hide incidents of judicial misconduct from the public.
In short - our articles discuss our concerns that the JQC is purposely misinterpreting & manipulating the confidentiality standards within Article V Section 12 of the Florida Constitution - in order to forward their conspiracy to hide in perpetuity - actual acts of judicial misconduct from the public's prying eyes. Our earlier articles discuss the details of our concerns - and these details need not be repeated within this open letter.
It is noted - that as well as being a commissioner on the Florida Constitution Revision Commission - you are also listed as "special counsel" in the on-going JQC prosecution of 7th Circuit Judge Scott Dupont. In fact - JQC records indicate that you personally filed the November 2016 formal charges against Judge Dupont. (see below)
In section five (5) of your charging report against Judge Dupont - you alleged: - "During the same forum, you (Judge Dupont) announced your position that it is not the role of a circuit court judge to determine whether a given statute is unconstitutional, because that would be "legislating from the bench." You further stated that you have refused to find statutes unconstitutional and that "[i]f they don't like the decision, they can appeal it." In doing so you announced your position that you would not find any statute to be unconstitutional. Previously upon assuming your judicial office, you had sworn under oath to uphold the Constitution of the United States and the Florida Constitution."
Obviously - one of the charges of judicial misconduct filed against Judge Dupont is the belief that Judge Dupont failed to honor his oath to uphold both the Constitution of the United States and the Florida Constitution - by not addressing possible unconstitutional statutes.
It is of great interest to us (VolusiaExposed.Com) that within your October 23, 2017 email to VolusiaExposed.Com you stated your "belief that the existing confidentiality provisions" (Article V Section 12 Florida Constitution) "are appropriate".
Mr. Coxe - are you aware - and as detailed in our earlier articles - that in 1990 a Federal judge ruled that the confidentiality provision of Article V Section 12 of the Florida Constitution was deemed to be unconstitutional? (United States Constitution - First Amendment)
JUDGE DUPONT'S FORMAL CHARGES
Click Here To Review Entire Formal Charges
Given your "special counsel" status within the JQC - it is difficult for us to understand how you would not be aware that even the JQC itself in 1998 advised the Florida Supreme Court that in their (JQC) opinion - that the confidentiality provisions of Article V Section 12 would probably not survive a U.S. Constitutional challenge. Once again these details - and the supportive documentation are available within our earlier articles. |
Here are our questions for you and your fellow FLCRC commissioners. Since a Federal judge has ruled the JQC confidentiality provisions unconstitutional - and the JQC has closely argued the same to the Florida Supreme Court - does the FLCRC have a sworn obligation to forward a review or correction to this apparent unconstitutional provision within the Florida Constitution?
Mr. Coxe - as an attorney - as an officer of the Court - did you not also take a similar oath to uphold the Constitution of the United States and the Florida Constitution?
Eventually - more transparency will come to the JQC complaint process - it's just a matter of time - press coverage - and public outrage. In the end it will probably come down to this - you and your fellow FLCRC commissioners can be the engineers on this transparency train - or you can be run over by the locomotive of change.
Recently - the Daytona Beach News Journal published an article questioning whether there is an active JQC complaint attached to County Judge Shirley Green's recent and sudden retirement.
Do you hear that train a coming.....? Will the credibility of the JQC, the FLCRC, and the over-all integrity of the Florida Judiciary be departing on that train?
"I do solemnly swear:
I will support the Constitution of the United States and the Constitution of the State of Florida;
I will maintain the respect due to courts of justice and judicial officers;
I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
I will employ, for the purpose of maintaining the causes confided in me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval;
To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;
I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God."
Bill Schifino, Jr.
Anna Marie Hernandez Gamez
Senator Tom Lee