Judge’s response an abuse of office
To the editor:
Your readers may remember that, a few months ago, an elected state prosecutor was suspended by Gov. DeSantis, for refusing to enforce certain laws. The federal lawsuit that followed was recently dismissed by the judge. If a federal judge has no jurisdiction, he/she should simply dismiss the case, a simple judicial recognition that it is none of their business. Without jurisdiction, they have no power to decide anything, except that they have no power. That did not happen in this case.
Instead, his honor took the occasion to write 59 pages of pure opinion, giving his version of the merits of the case, making “findings of fact” that he had no power to make. He expressed at some length his own assessment of the situation. He shared with us that he is unimpressed with Gov. DeSantis. The opinion, of course, got national press coverage. The judge in this case is nearing his sell-by date, having been appointed by President Clinton, back before the turn of the century. IMHO, this Democratic appointee abused the powers of his office. He should have simply dismissed the case and walked away.
FYI, I am a registered Libertarian voter. I have no intention of voting for DeSantis or Trump or Biden or the presidential nominee of any party except my own. I am writing this letter because I object to the abuse of power, especially if it is a mere federal employee who is doing the abusing.
IMHO, when any prosecutor (elected or appointed) simply declares that certain laws are “beyond the pale” and that he will not prosecute, that is “nonfeasance of office.” He deserves to be suspended, as here.
Larry Gillis
Cape Coral