Judge Gardiner Asks To Be Dropped From Hispanic Honor
Ana Gardiner
BY BUDDY NEVINS
Broward Circuit Judge Ana Gardiner asked to not be named a Hispanic Women of Distriction because to accept the honor might violate the Canons of Judicial Ethics.
An announcement of the honorees earlier this year mentioned Gardiner, but she is missing from the latest invitations and flyers for the event.
Gardiner asked for her name to be left off in a letter to event organizer Elaine Miceli Vasquez.
“The Canons of Judicial Ethics forbid a judge from either direct or indirect fund raising…I can without difficulty accept the honor,” Gardiner wrote Vasquez.
Money from the luncheon, which is expected to attract 1,000 to the Signature Grand on August 14 at $75 per ticket, goes to charities.
Said Vasquez: “She had the unanimous vote for this honor. But she informed me that judges are not allowed to solicit for charities so we can not include her in any of the advertising or mailings for the event.
Now, only 11 women will be named Hispanic Women of Distinction. Miceli Vasquez said Gardiner will probably still attend the event since she bought a table.
Gardiner has been the center of controversy for the past year concerning the conversations she allegedly had outside of court with the prosecutor in a murder case being tried in her court.
I think there is something wrong with the Canons of Judicial Ethics when the community can’t honor a judge, especially a pioneer in her community. But there are obviously folks in the courthouse out to get Gardiner, so she is probably right to be careful.
A sanctimonious, largely anonymous crowd of those who comment on Internet blogs continue to attack her. These keyboard tyrants close their eyes to the history of lawyers and judges socializing together. I see judges eating lunch with lawyers who practice in their court almost every week, but there is no howling from the legal Internet community.
Could it be that Gardiner is a target because she is female and Hispanic? Could it be that the same anti-Hispanic mind-set that drove the defeat of three Hispanic judges last year is part of what’s behind these attacks on Gardiner?
I’m just asking the questions. Only the courthouse crowd knows the answers.
(Personal disclosure: I know Ana Gardiner. My wife and I have socialized with Ana Gardiner along with others two or three times. I like Ana Gardiner. )
June 29th, 2009 at 3:19 pm
Comparing judges eating lunch with lawyers, to discussing a 1st degree murder case at dinner with the prosecutor while the trial is ongoing, is really stretching it. Are you to say that is all Judge Gardiner did Buddy, only have dinner with a lawyer who appeared before her. R U kidding me? How gullible.
FROM BUDDY: I have no idea what Gardiner did, but I believe she made a mistake if she was socializing with a prosecutor appearing in her court.
But its over. Get over it. Judges are human. They make mistakes.
I would guess that you have no idea what really went on that night. Were you there?
If Gardiner shouldn’t socialize with a prosecutor in her court, the judges I have seen shouldn’t be socializing with lawyer who have a case before them. After all, it is the appearance of impropriety that needs to be avoided.
I’m not the least bit gullible. I’m realistic. Realistic enough to realize that the system is not perfect. I trust most judges not to be swayed by breaking bread with a lawyer.
What I find hypocritical is all this outrage against Gardiner over what has been common practice in Broward — and probably everywhere — for years.
What you really should worry about is the system where judges depend upon contributions from lawyers to stay in office.
June 30th, 2009 at 4:17 am
If my memory serves me, the 3 Hispanic judge had Hispanic sounding names. When that happens they lose. But if they don’t, they win.
Not that I agree with it, but that seems to be the voters will in such matters. Otherwise, unless she is in the newspaper for a problem, the general public has little knowledge about their judges. Sad isn’t it.
Therefore, she should be OK, cause Gardiner doesn’t come off as Hispanic.
FROM BUDDY: I agree.
June 30th, 2009 at 5:36 am
You are right: Judges are human and judges do make mistakes. But come on Buddy, this was no mistake. You obviously did not read the transcripts if you have the gall to say “I have no idea what Gardiner did…” Of course we know what Gardiner did, because she told us. And, I dare that you show us how Broward judges in criminal divisions make it a “common practice” to “break bread” with prosecutors or defense attorneys during the pendency of a trial. It is Judge 101 common knowledge that what Gardiner did is clearly wrong. She even said she was “with someone she should not be with.” I know Buddy, that was just a good guess on her part. How about the long phone call between judge and prosecutor late into the night. Buddy, it Again Buddy, I know it was their first call. How silly of us to not believe that. My money has it that you do not know of one other similar incident, as you claim. You are either naive or in the protective mode and, I do not think you are naive. What you really should worry about is how many times she’s done this in the past. And, be glad that it was not with your kid or loved one. Get real.
FROM BUDDY: The fact is I do know criminal court judges who socialized with lawyers while cases are before them.
Other than that, you make good points here. She was wrong.
BTW, I did read the transcripts.
From an average persons’ point of view — the voters and others not part of the courthouse crowd — who cares? All the public wants to be assured of is that dirtbags get put away.
There is nothing in the depos that prove the trial wasn’t fair.
June 30th, 2009 at 5:51 am
The only thing dumber than a judge not being able to receive an award for being a Hispanic Woman of Distiction is an Italian American like Elaine Miceli somehow getting away with being a “Hispanic” just because she wants to help her husband raise money for his business which also seems to be a “charity.”
July 1st, 2009 at 4:46 am
You are right, Buddy. This has all the makings of a witchhunt.
July 1st, 2009 at 8:27 am
Witchhunt? This person shows no mercy when a minority breaks a rule or a law. Why should she be treated differently when she does the same?
July 1st, 2009 at 8:44 am
She hasnt broken any law. I think that people target her because she is a woman (not hispanic) THere are male judges that date attorneys that appear before them and there has never been an article about that.
July 1st, 2009 at 2:49 pm
Buddy we all know you are friends with Ana’s glapal Ali Waldman so your response is not shocking. As I am sure you would admit, our blog has done more to change the corrupt Broward judiciary in the last few years than the work of any local journalist prior. Reporter’s like yourself knew full well the intimidation and dirty tricks the Forman family and Ross did to make sure no one would run for Judge. Your silence on these matters is a bad as particpating in it.
FROM BUDDY: I know Ana independently from Ali. Ana was on the North Broward Hospital District when I covered it.
I believe JAABlog is a force for change, but that doesn’t mean I agree with all those who comment on it. After all, I don’t agree with all those who comment on Browardbeat.com.
July 3rd, 2009 at 8:22 am
Hey Buddy:
Bill Gelin here.
I just wanted to let you know (again) that no one from JAABLOG ever posts on other blogs as “JAABLOG” or “JAABlog” as the above imposter did.
Chalk it up to more fun in the blogosphere.
Thanks,
Bill
July 4th, 2009 at 11:36 am
That’s right Buddy. Bill only posts as JAABlog on http://www.jaablog.com so he doesn’t have to actually post anything controversial under his own name.
July 4th, 2009 at 4:49 pm
of course that was not gelin…
he was busy writing about how society should do more to keep pedophiles and incestious child rapists on the streets…
http://jaablog.jaablaw.com/2009/06/30/cruel-and-unusual-house-arrest-without-a-house.aspx#Comment
July 5th, 2009 at 9:01 am
If a man was doing what Judge Gardiner did, no one would complain. We have judges accused of sexual harassment and nothing happens. They are still hearing cases. I don’t have cases with Judge Gardiner, yet I still believe this is a tempest in a teapot.
July 6th, 2009 at 6:43 am
Las Olas Law, Are you crazy? If anyone, man or woman, did what Gardiner did, someone better complain. What kind of lawyer are you that condones such conduct. Sexual harassment is one thing, socializing, etc. with your ASA during a trial where one’s life is at stake, is another. Las Olas Lawyer, since you say you have knowledge of other judges doing the same thing, then you have a duty to report it.
October 7th, 2009 at 5:15 pm
She don’t deserve any honor, she is the worse judge that I ever face in my live and I am Hispanic, it dosen’t matter the etnicity. She is not profesional, she took the cases as personal and decide in regard the atorney not by the rules, I hope the judicial system realize about that before she use her evil against people.