David Crowissued this sharply worded Order yesterday, denying Gardiner's request for something called a "Retroactive Application Of Suspension".
From the Order:
"The Motion is denied. There is no legal authority or factual predicate in the
evidence for this request. There is no legal precedent nor does the Respondent cite
any legal precedent for the proposition that a voluntary sabbatical or leave of
absence while still a member in good standing of the Bar is a suspension or should
retroactively apply to a suspension recommendation. Furthermore, as a matter of
fact, the Respondent's voluntary sabbatical/leave of absence was not a "self
imposed" discipline for the conduct for which I recommended a finding of guilt.
To the contrary, the Respondent maintained throughout the proceedings that THE
FLORIDA BAR lacked jurisdiction to discipline her, that she is not guilty of the
charges, or alternatively should not be disciplined in addition to her relinquishment
of her judicial position as a result of the Judicial Qualifications Commission
inquiry. The Respondent's voluntary sabbatical/leave of absence was for personal
and emotional reasons which, at least in part, were to defend the allegations of
misconduct." (emphasis added)
OUCH!
From the Order:
"The Motion is denied. There is no legal authority or factual predicate in the
evidence for this request. There is no legal precedent nor does the Respondent cite
any legal precedent for the proposition that a voluntary sabbatical or leave of
absence while still a member in good standing of the Bar is a suspension or should
retroactively apply to a suspension recommendation. Furthermore, as a matter of
fact, the Respondent's voluntary sabbatical/leave of absence was not a "self
imposed" discipline for the conduct for which I recommended a finding of guilt.
To the contrary, the Respondent maintained throughout the proceedings that THE
FLORIDA BAR lacked jurisdiction to discipline her, that she is not guilty of the
charges, or alternatively should not be disciplined in addition to her relinquishment
of her judicial position as a result of the Judicial Qualifications Commission
inquiry. The Respondent's voluntary sabbatical/leave of absence was for personal
and emotional reasons which, at least in part, were to defend the allegations of
misconduct." (emphasis added)
OUCH!