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Supreme Court: Ackerman Should Not Return To Escambia Bench
July 13, 2010
The Florida Supreme Court issued an opinion Monday advising Gov. Charlie Crist that Escambia County Judge David Ackerman should not return to the bench.
Ackerman resigned his office on May 24 with the intent to return in February, one month after he was to begin new six-year term. He was the only candidate to qualify for the position. Ackerman resigned, he said, to collect a $1.3 million lump sum retirement payment to deal with a financial problem involving his wife’s business.
In an unanimous opinion, the Supreme Court said Crist should appoint a new judge to fill the position.
“The consideration that must predominate here is the right of the people of Escambia County to the services of a county judge when the incumbent has presented himself to the people for reelection but then has laid aside the duties of his office,” the justices wrote in their opinion. “A judgeship is not an office that may be temporarily forsaken at will for personal benefit.”
The Judicial Nomination Commission has presented the governor with a list of five attorneys recommended to fill Ackerman’s post: Thomas Dannheisser, Michelle Inere, John Miller, Lee Robinson, and Clara Smith. The appointed judge will serve for two years, at which time Ackerman could seek election again to his former job.
Click here to read the complete opinion issued Monday by the Florida Supreme Court.
Comments
12 Responses to “Supreme Court: Ackerman Should Not Return To Escambia Bench”
Great man he works really hard and handle things in such timely manner there’s no one else that could perform his duties he is the man.
I cant find a reason not to hire him as my attorney
REGARDING:
“Looking at a couple of other judges who are not as good as David makes me know he will be missed.”
If he’s better than the judges he left behind, then he abandoned us to worse judges. I’m sure he’s a fine man and hope he does well in private practice, but if we need a judge at all, we need a judge now. If we don’t need a judge now, we probably don’t need a judge at all. Save money!
He had time to think about what he was doing and he judged the early retirement the best thing for him personally to do. It was rough on the other, lesser judges I’m sure but he could have been removed from office by all kinds of things: stroke, heart attack, irate defendant, irate relative of defendant, drunk driver, texting driver, racing driver, bolt of lightning, illness. All of those would call for his replacement because he could not fulfill the duties he swore to perform.
The thing is, it isn’t HIS position. It’s our job, a job WE need done and HE is not able to perform it. Maybe the laws should have been written differently even though I don’t see it, but a judge knows he has to deal with the existing laws, not the ones he wishes the legislature had made.
David wishing all judges and all Davids well
and hoping the other judges improve
i think they should place him back on the bench he are a good judge
please add a “me” between makes and know.
I have to feel it was a move to help his wife and family in a real time of need. I’m unhappy with his giving such short notice but can sort of understand. I’ve know David for a long time and feel the public will miss him being on the bench. He tended to make good decisions and tried to be fair to all who came before the court. Looking at a couple of other judges who are not as good as David makes know he will be missed.
It might not be fair, but it wasn’t especially fair when he retired without notice, leaving the judicial system in a bind and expecting others to carry the load until he could return. It meant some got delayed justice and “justice delayed is justice denied.”
It was good that he accepted responsibility for his wife’s debts.
It is sad that he spent his entire retirement in one day.
It is sad he qualified for an office he did not intend to fill when the term began.
It’s good he can be replaced by the governor now; justice need not be delayed longer.
On the bright side, many lawyers make much more money than the judges, so he eventually may well be better off financially from all this.
Or so it seems to me
David wishing all well
Good call by the Florida Supreme Court! We do not need judges who are not dependable. The courts are already overloaded and to be given five days notice by Judge Ackerman is unconscionable. Maybe Gov. Crist can appoint someone who will filfill their term.
The decision not to hold Judge Ackerman’s position open for him until February is strictly an ethical matter.
A person retiring under the Florida Retirement System cannot be rehired by any FRS covered employer for 6 months. (Pension would be forfeited and individual would be required to repay all retirement benefits received!)
While it is common practice for FRS employers to let their retirees continue to perform their jobs…they list them as temporary employees that are paid by an employment agency.
I really dont have any info about this judge -but based on this story alone – I’m not sure I feel that this is fair. How many of us would turn down that kind of money. I think that would be a difficult decision.
Wow, smacked down by the Florida Supreme Court! Now go enjoy your “retirement.”
REGARDING:
“the justices wrote in their opinion. “A judgeship is not an office that may be temporarily forsaken at will for personal benefit.” ”
good for them
people were acting silly acting like they just had to keep it vacant while waiting for him to return and turn it back over to him when he wanted it.
David thinking judges
should be respected
and respectable