POINT OF VIEW: Post article too broad, sullies county judiciary

Former Palm Beach County Circuit Court Judge Martin Colin presides over a hearing in August 2015 at the South County Courthouse in Delray Beach. Judge Colin’s wife. Elizabeth Savitt, who is a professional guardian, was simultaneously participating in a hearing in another courtroom with Attorney Sheri Hazeltine. (Madeline Gray / The Palm Beach Post)

The Sept. 9 front-page article published in The Palm Beach Post regarding former Palm Beach County Circuit Court Judge Martin Colin and his wife Betsy Savitt, a professional guardian — Report: Savitt involved with ‘corruption, collusion of judges’ — references several current and retired judges and through innuendo insinuates that they have acted improperly. In doing so, the integrity of the entire Palm Beach County judiciary is called into question. This article lacked certain necessary context for many of the allegations against the Palm Beach County judges who were outside the primary focus of The Post’s investigation.

This response from the Palm Beach County Bar Association purposely avoids any comment on allegations against Judge Colin and Savitt as there is already a process in place to sort out the facts and application of the law for their situations. However, the Bar Association writes to express its objection to the way several other highly respected judges and the Palm Beach County judicial system in general were portrayed in the article.

The Bar’s concerns with the framing of the article is particularly relevant in light of the fact that much of the basis of the article stemmed from the findings in the report by the Inspector General of the Clerk and Comptroller’s Office which was admittedly not “focus[ed] on the judiciary.”

The report did not make findings of impropriety as to any of the other judges who were mentioned in the article, nor were they the target of the investigation. Many of the matters reported were ‘circumstantial and anecdotal’ but were presented in a manner that calls into question the integrity of the entire Palm Beach County judiciary. A judiciary that is consistently one of the highest rated judiciaries in the state of Florida and is frequently a model for the other judiciaries statewide.

Specifically, the article states, “Once again, a major institution in what is known nationwide as “Corruption County” stands accused of betraying the public trust” and “judges approved questionable fees or appointed Savitt under “unusual circumstances.” The tenor of the article leaves the reader with the impression that collusion, conspiracy and corruption are pervasive in the courts of Palm Beach County. This is simply not accurate.

Further, the article refers to several respected current Palm Beach County judges who merely oversaw cases randomly assigned to them where Savitt happened to be acting as a guardian.

Judges should not be above criticism when it is accurately based and properly intentioned. Through only speculation and implication, the article makes it appear that certain functions of the court, which are subject to the rule of law as well as other oversight, were somehow suspicious. There is a difference between conscientious examination of facts and sensational embellishment.

While The Post has done admirable work on this subject, which has led to important changes in the guardianship statutes and rules, the county Bar believes the most recent article missed the mark by improperly maligning other Palm Beach County judges. As a result, the article also seemingly (and improperly) attacks the county’s entire judicial system.

As The Post is aware, the state’s judicial canons forbid sitting judges from responding in the press or commenting on pending or prospective litigation so any mention of a judge in an article, whether warranted or not, will typically go without rebuttal by that judge. While the Bar Association takes seriously any allegations of judicial misconduct, the best practice in the future would be to avoid potentially sullying the reputations of judges with unsubstantiated claims, or more specifically painting them “guilty by association.”

GREGORY HUBER,WEST PALM BEACH

Editor’s note: Huber is president of the Palm Beach County Bar Association.

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POINT OF VIEW: Post article too broad, sullies county judiciary

See Also:
Report: Savitt involved with ‘corruption, collusion of judges’ 

Judge Martin Colin had a hand in his wife’s guardianship cases, state says

Post investigation: Another blow to Judge Colin

 

Judge in Post series moved from guardianship cases

Chief judge keeps public waiting on details of guardianship shakeup

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