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Election snafu snares local attorney, but other judges return to bench

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The filing deadline to run for election for judgeships in the 20th Judicial Circuit ended Friday, leaving everyone popping champagne corks after learning there would be no elections in Collier and Lee counties: They were all unopposed.

But for one Bonita Springs attorney who drove the six-hour, 420-mile trek to Tallahassee early Friday and paid the filing fee to qualify to run, there won’t be an election.

The Florida Secretary of State’s Web site listed attorney William J. Thompson as having paid the fee Friday, running unopposed for the position being vacated by Lee Circuit Judge Hugh E. Starnes.

But it was a mistake.

An expensive mistake.

The fee to qualify is $5,803.20 — and filing documents repeatedly warn that it’s non-refundable.

By Friday evening, the Web site listing had been removed. The seat hasn’t been publicly available for about a month, something that was publicized by The Florida Bar in daily newspapers and its newsletter, The Florida Bar News, which specified last month which seats were open for election.

“I’m not so sure they’re going to be able to wiggle out of this one so easily,” said Thompson, as he drove home Friday night. “The least they can do is give me my money back.”

The judgeship that Thompson intended to run for was pulled from the ballot about a month ago after Starnes opted to retire midterm, rather than finishing out his term. That means his position must be filled by appointment — by Gov. Charlie Crist.

The 20th Circuit Judicial Nominating Commission on April 10 began seeking nominations for Starnes’ position, as well as the one being vacated by Charlotte Circuit Judge Donald E. Pellecchia, who also is retiring.

The Web site listing that was removed also showed that Cape Coral attorney George J. Mitar III had once intended to run for Starnes’ seat, but didn’t follow through. Mitar couldn’t immediately be reached for comment.

It’s not uncommon for attorneys to hold off until the last minute before paying qualifying fees so they can see who else is running and change races to better their chances. But that option stops at the noon deadline Friday.

By Friday morning, the Web site showed Mitar hadn’t paid his fee, so no one was officially running in the non-existent race.

Thompson said he’d filed his papers Thursday, but received a phone call that night to say his paperwork needed to be corrected.

“Sending it overnight express wasn’t an option, so I had to drive to Tallahassee,” Thompson said, adding that he woke up at 2:30 a.m. Friday to make the drive.

He turned in his papers and left, getting as far as Gainesville, about 2 1/2 hours away, when he got a call to come back again to fill out one more form. He returned and was told to stay.

“Then they qualified me right there. Isn’t that interesting?” Thompson said, laughing. “It’s been an interesting day.”

Thompson said an elections commissioner later called to say the seat wasn’t on the ballot.

Noting that the state accepted his paperwork and fee, Thompson said he plans to fight it Monday.

Thompson, who was admitted to The Florida Bar in 1999, was investigated by the Bar and admonished by the state Supreme Court on Nov. 24, 2004. A second complaint ended in a public reprimand on Dec. 1, 2005.

Records show he’d been investigated at least four other times since November 2003, including two complaints for excessive fees, one for neglect and another for a conflict. All were closed at the staff level, meaning no ethical violation existed or the allegations couldn’t be proven.

He also was sued in 2004 by a Bonita Springs woman, a client who alleged he induced her to enter into expensive business transactions at a time when she was under a physical, mental and emotional stress. A year later, the lawsuit was voluntarily dismissed, indicating a possible settlement.

Other would-be elections were resolved without a vote.

Collier County Judge Christine Greider thought she’d be running against Fort Myers attorney Miguel C. Fernandez III for a circuit judge seat being vacated by Circuit Judge Daniel Monaco, who is retiring after the end of the year. But Fernandez told her a few weeks ago he wouldn’t be running.

Greider has been juggling her caseload, in addition to working as a backup judge for Monaco, presiding over drug court, mental health court, and truancy court.

“Christine is wonderful,” Collier County Judge Mike Carr said. “We’re really lucky to have her. She can continue Judge Monaco’s great legacy. She’ll keep those programs alive.”

Naples defense attorney Janeice Martin also won’t have to run for election because no one else filed papers to run for the seat being vacated by Greider.

Incumbents who ended up being unopposed are: Collier County Judge Rob Crown; Collier Circuit Judge Hugh Hayes; Lee circuit judges Lynn Gerald Jr., Ed Volz, Sherra Winesett, John S. Carlin, G. Keith Cary, Mark Steinbeck, and Michael McHugh.

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Too bad this just reinforces the judges belief that they are one of the untouchables1

#1 Posted by pummalo on May 4, 2008 at 8:54 a.m. (Suggest removal)



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