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CURRENT
NEWS & VIEWS
June 2009
Editorial: Vindication for Judge Barnes victory for justice,
taxpayers
Vero
Beach Press-Journal Editorial Board
6-19-09 --
Why should people care about the outcome of an internal squabble
among judicial officials on the Treasure Coast? . . . Because until
the matter was recently settled by the Florida Supreme Court,
criminal defendants have been spending more time in jail than
necessary and taxpayers have been footing the hefty bill for their
incarceration. . . . Justice and common sense finally won the day,
thanks to the tireless and courageous efforts of St. Lucie County
Judge Cliff Barnes. . . . Before becoming a judge, Barnes had been a
St. Lucie County commissioner concerned with crowding at the county
jail. As a judge, he made addressing the issue a priority. A major
problem he saw in the system was the handling of first-appearance
hearings for defendants. In a guest column and in a petition filed
with the 4th District Court of Appeal in 2006, he criticized the
state attorney, public defender, sheriff and other judges for
failing to address the issue, particularly noting the failure of the
state attorney and public defender to attend first appearances. . .
. But, Barnes went outside normal channels and was slapped down by
the Florida Supreme Court earlier this year with a public reprimand.
. . . Then, a few weeks later, on May 28, the Supreme Court issued a
ruling essentially agreeing with Barnes, despite its rebuke of his
methods. . . . “Now, Rule of Criminal Procedure 3.130 makes explicit
what has always been implicit: Both the state attorney and public
defender are required to attend those critical hearings — even if
the budget crisis makes it difficult — and there must be adequate
notice provided to each side.” Senior Editor Jan Pudlow wrote in the
Florida Bar News.
February 2009
Letter: Judge stood tall against intimidation
Richard Sinnott, Fort Pierce
2-19-09 --
I commend you for your editorial regarding the system’s reaction
to the truth-telling by Judge Cliff Barnes. . . . Yes, Virginia,
the system will go to great lengths to suppress the truth. . . .
As George Orwell observed, in a time of universal deceit,
speaking the truth is a radical act. . . . In these days
following the George W. Bush administration, so many truths are
suppressed and so many lies spoken by the government and its
media. . . . It is encouraging to know that there is at least
one good man working in government. . . . I know there are more,
but most tend to cooperate and graduate rather than dissent over
poor government practice.
Editorial: Shoving a sock down judge's mouth a mockery of
free speech; hurts efforts to improve system
Punishment of Judge Cliff Barnes
may be fair, but shows how closed, silly system is
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Judge
Clifford Barnes |
2-8-09 -
St. Lucie County Judge Cliff Barnes went outside channels in an
effort to right what he saw as a wrong. For that, he will be
publicly slapped down. . . . It's regrettable that a judicial
official cannot criticize fellow members of the justice system
in whatever forum he deems necessary, even if his criticisms are
valid. Although the system may punish him, the public should
thank him for his courage in sharing his beliefs on how to make
the system better. . . . In Barnes' case, he felt that first
appearance hearings for people arrested in the county were not
being handled properly, so he brought attention to the problem
in a 2006 guest column and in a petition filed with the 4th
District Court of Appeal. . . . Barnes criticized the state
attorney, public defender, sheriff and other judges for failure
to address the issue and claimed there was a violation of the
law in how first appearances were held.
Florida judge who sued over jail overcrowding is reprimanded by
state's high court
Leigh
Jones / Associate editor
2-3-09 --
A Florida judge who filed a lawsuit seeking to change the way county
officials handled jail overcrowding has been disciplined by the
state's high court. . . . The Supreme Court of Florida ordered a
public reprimand for St. Lucie County Court Judge Clifford Barnes,
finding that he violated the state's Code of Judicial Conduct. The
court determined that Barnes ran afoul of the rules regarding
impartiality and that he committed acts that caused disrepute to the
judiciary. . . . In affirming a recommendation by the Florida
Judicial Qualifications Commission, the decision requires Barnes to
appear before the court at a later date to receive the reprimand. .
. . "I was too hopeful for a better outcome," said Barnes, who has
served as a county court judge in Florida since 2005. He previously
was the St. Lucie County Commissioner for 12 years. . . . The Jan.
29 decision stems from a petition for a writ of mandamus filed by
Barnes with a Florida appeals court. The petition, according to the
decision, sought to force a lower court to compel a public defender,
the state attorney, the county sheriff and other judges in the
community to give criminal defendants "a meaningful first appearance
hearing." Barnes had asserted that the county was not providing
indigent defendants with counsel at their first appearances in
court, which meant that they were not released on bond prior to
trial.
January 2009
FLORIDA
Crusading Fla. judge to get public reprimand
The
Associated Press
1-30-09 --
A crusading St. Lucie County judge will get a public reprimand for
publicly criticizing his colleagues and suing them along with other
officials in a bid to stop jail overcrowding. . . . Those actions by
County Judge Clifford Barnes violated judicial canons requiring
judges to act in an impartial manner and follow proper channels to
report judicial misconduct, the Florida Supreme Court
ruled Thursday. . . . The justices also found he violated
a canon against publicly criticizing other judges by filing the
lawsuit and writing a newspaper guest column blaming jail
overcrowding on problems in the local criminal justice system and
other judges' pretrial release policies. . . . "The strident and
harsh manner of attack embraced by Judge Barnes combined with his
choice of a public forum to attack particular judges and their
practices clearly separates this case from legitimate attempts to
improve the law," the justices wrote in an unsigned unanimous
opinion.
August 2008
Florida Jurist Reprimanded For Criticism Of Other Judges
North Country Gazette
8-24-08 --
The Florida Judicial Qualifications Commission has recommended
that St. Lucie County Court Judge Cliff Barnes of the 19th
Circuit be publicly reprimanded for criticizing other judges and
public officials. . . . In 2006, the judicial panel filed
charges against Barnes for allegedly demeaning the integrity and
independence of the judiciary by complaining about the propriety
of the conduct of the St. Lucie County sheriff, state attorney
and public defender and by allegedly writing about the issue as
a guest columnist in a local newspaper. . . . Most of the
charges were related to a complaint that Barnes filed with the
Fourth District Court of Appeals in July 2006 alleging that his
fellow judges and others in the criminal justice system weren’t
complying with the law at first appearance hearings which are
required within 24 hours of a subject’s arrest. . . . The state
attorney and another judge turned the tables on him and filed a
complaint against him.
(pdf link)
Inquiry Concerning Judge Supreme Ct. Clifford Barnes;
Case No. SC06-2119
Judge Cliff Barnes of St. Lucie County faces reprimand, will
stay on bench
By
Tyler Treadway
8-2-08 --
A state Judicial Qualifications Commission panel has recommended
that St. Lucie County Judge Cliff Barnes be publicly reprimanded
but allowed to remain on the bench for criticizing other judges
and public officials in a petition he filed with the 4th
District Court of Appeal. . . . The panel, which conducted a
two-day hearing in April on charges of misconduct by Barnes,
found him not guilty of a charge of demeaning fellow judges and
court officials in a March 16, 2006, guest column in the Fort
Pierce Tribune and not guilty of showing a "pattern and practice
unbecoming a judicial officer." . . . In the column and in the
writ of mandamus he filed, Barnes chided judges, the State
Attorney's Office, the Public Defender's Office and the St.
Lucie County Sheriff's Office for the way first appearance
hearings are handled in the county courts, claiming that
defendants aren't properly represented or given the chance to be
released without imposition of bonds that some can't afford to
pay. . . . The panel also found that by filing the court
petition, Barnes was guilty of giving the appearance of showing
partiality in criminal proceedings, practicing law and not
following proper channels within the legal system to modify
judicial conduct. . . . Barnes said Friday afternoon he was
"extremely pleased" with the panel's findings of fact regarding
the handling of first appearances and respectful of the members'
recommendation of a reprimand, "although I don't happen to agree
with it."
Findings, Conclusions And Recommendations
By The Hearing Panel Of The Judicial
Qualifications Commission
July 2008
FLORIDA
Panel: St. Lucie judge should be reprimanded
Palm
Beach Post Staff Writer
7-31-08 --
St. Lucie County Judge Cliff Barnes violated Judicial Canons in his
efforts to address jail crowding through procedures in initial court
hearings and he should be publicly reprimanded by the Florida
Supreme Court, a judicial regulatory panel has recommended. . . .
Barnes could not be reached for comment on the decision. . . . In a
lengthy opinion summarizing a hearing in April and various legal
documents, the chairman of the Judicial Qualifications Commission
concluded Barnes should not have petitioned the courts to address
the pre-trial release issue in St. Lucie County. . . . Barnes
contended prosecutors, public defenders and other judges were
violating the law by failing to release defendants on little or no
bond at their first court appearances. He argued his viewpoint
publicly, prompting Chief Circuit Judge William Roby to remove him
from the first appearance schedule. Complaints about Barnes were
forwarded to the commission, which makes recommendations to the
Florida Supreme Court on disciplinary action. . . . The commission,
which heard testimony from both sides, decided that while Barnes may
have had some points to make, he made them in the wrong way.
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April 2008
Judge in St. Lucie answers to accusations of ethics violations
By
Tyler Treadway, TC Palm
4-23-08 --
More accustomed to presiding over
legal hearings, St. Lucie County Judge Cliff Barnes had
something of his own day in court Tuesday, answering allegations
that he violated judicial ethics by publicly criticizing other
judges and officials in the local legal system. . . . At the
start of what is expected to be a three-day hearing before a
panel for the Florida Judicial Qualifications Commission,
Special Counsel Michael Schneider cited a March 16, 2006, guest
column Barnes wrote for the Tribune and a petition Barnes filed
with the 4th District Court of Appeals, both chiding judges, the
State Attorney's Office, the Public Defender's Office and the
St. Lucie County Sheriff's Office for the way first appearance
hearings are handled in the county courts. . . . Schneider said
Barnes had a "crusade" to alleviate overcrowding at the St.
Lucie County Jail — an issue Barnes became involved with while
serving as a 12-year member of the St. Lucie County Commission.
. . . This is the first Judicial Qualifications Commission case
on the Treasure Coast since 2001, and the only one to make it
into the hearing stage, according to the commission office in
Tallahassee. In 2001, charges were filed against Circuit Judge
Scott Kenney. The case was dismissed after Kenney worked out an
arrangement with the commission. The only other case in St.
Lucie County prior to that occurred in 1985, and the judge under
investigation resigned.
Selected Comments from TC Palm Readers:
Posted by Darby1 on April 23,
2008
I guess freedom of speech is not
allowed anymore? I thought we did away with the "just following
orders" defense after WWII. . . . Judges are still citizens,
first and foremost. Being a judge is only their job, That's all.
Judges sometimes forget that they are hired to do a job. . . .
It is the duty of citizens to speak up when they see something
wrong. Judge Barnes had the courage to do so.
Posted by FloridaWyld on April
23, 2008
So let me see if I understand
this. He criticized other judges for the way they violate the
laws (which say first appearances should be within 24 hours) and
now he's under review? . . . Makes about as much sense as
anything else in this county.
Posted by reefdawg on April 23,
2008
The judiciary is so far from
impartiality, it makes this story laughable. It's clear, the
judiciary is just another extension of "big brother." Those who
differ on this observation are either "shooting from the hip
with their comments", or honestly don't know how broken our
system is right now in our courts. . . . Kudos to Judge Barnes.
He's right, I agree with his call on this issue and although he
wears a robe, he is still protected by the fundamental rights of
free speech and redress.
Posted by teebo on April 23, 2008
Judge Barnes is a man of
principle, who tried to work behind the scenes to correct things
before commenting publicly. There are 20 judicial circuits in
this state, and in the other 19 they do first appearances one
way (with representation for the accused), and only here in
glorious DiamondLittyland do we deny the arrested a lawyer and
tell the judge he's a powerless puppet at first appearances; and
further, if he speaks out about it, they'll come for him under
these ludicrously vague regulations. Does anyone notice the
common theme here: Ms. Litty is called on an issue (judicial
criticism of her office's performance in one case, sexual
harassment in the other) and both times she attacks the accuser
instead of looking to improve her own act. Her act is a tired
one, which values policical self-preservation above all other
concerns. I hope Judge Barnes' lawyer eats her for breakfast,
and I hope he has a strong stomach. Vote her out.
Posted by JoeV on April 23, 2008
It is a shame that the other
judges don't have the courage to speak up when something is
obviously wrong instead of putting their heads in the sand.
Doing it the way it has always been done is not an excuse when
someone's constitutional rights are violated. This county needs
to get up to speed with the rest of the state.
Posted by Seasoul on April 23,
2008
Anyone who heard Judge Barnes
speak in that courtroom today could not help but be impressed
with him. He is an excellent judge, humanitarian and citizen.
The JQC saw these characteristics today and, hopefully, now the
shameful treatment he has endured from his peers will end. He
has been right all along. Good for you, Cliff.
Introduction:
Judicial
corruption continues in Florida
Judge Cliff Barnes of St. Lucie
County Court Florida spoke out against corruption and is now
being attacked by
Florida’s Judicial Qualification Committee
William Trudelle, Of my own free will. TheProtester.com
The JQC complaint against Judge
Barnes can only be described as a meaningless act of retribution
by a syndicate of legal practitioners abusing Florida’s legal
system. When the citizens of Florida are forced into the legal
system it is the members of The Florida Bar that reap the
benefits. Increased criminal convictions and plea bargains
accomplished in violation of due process and the law force
higher taxes and divert government money away from legitimate
social needs. Frivolous and fraudulent lawsuits weaken and
destroy our economy. It is a monopoly on justice that has
created an injustice against Florida Citizens. Legal corruption
can be stopped now by simply enforcing ethics in the legal
system. When Judges Cliff Barnes spoke out against how his
colleagues where abusing; the system, the law, and the
constitution, his colleagues took action against Judge Barnes in
the form of an ill-conceived complaint to the Judicial
Qualification Committee.
http://www.floridasupremecourt.org/pub_info/jqc.shtml
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It is when good people do nothing that evil wins |
Even a layman to the law can see
the charges against the Judge are superficial; this is how the
corrupted Florida Bar has successfully usurped power from the
citizens. The Florida Bar has gone unchallenged by WE THE
PEOPLE for too long. I implore every reader of this article
to read the JQC complaint against Judge Barnes, become informed
and take control of your government’s power over you. Take
action and live free, do nothing and you lose the liberties too
many have fought and died to preserve. I believe if WE THE
PEOPLE do not support Judge Barnes it is WE THE PEOPLE
who will suffer the greatest lose. It is when good people do
nothing that evil wins.
The State of Florida is now rated
at the bottom in
Legal Fairness
(Harris Poll), some 70% of Floridians do not trust attorney’s
(Florida Bar Study), the Florida Bar’s own statistics state that
14% to 20% of lawyers and judges suffer impairment disorders
including on-going cocaine addiction (Florida Lawyers Assistants
Program), yet theses legal practitioners continue, shielded by
rules and laws created by a self-serving Florida Bar. It is WE
THE PEOPLE who must make our government accountable and when the
righteous defend our freedoms we must defend those who had the
courage to take action. If this is to be a government formed by
“you the people” and for “you the people” then I ask you to take
10 to 15 minutes to educate yourself “Google Judge Cliff
Barnes”, read the JQC complaint and his response. Take action
right now, forward this to your friends and you
will reap the benefits. Let the corrupt know the righteous have
allies. Send this to your friends, write letters of support to
Judge Barnes and the JQC, let them know you support Judge Barnes
and any Judge willing to speak out against the legal corruption
which has become far to prevalent in our court rooms. When Judge
Barnes wins we all win.
The Honorable Cliff Barnes
St. Lucie County Court, 226
Courthouse Addition
218 South 2nd Street, Fort Pierce, FL 34950
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