Governor Crist Tries to Silence the Voters and Exclude Their Voices From the Process
** MEDIA AVAILABILITY **
ACLU ATTORNEYS AND DISTRICT 5 VOTERS WILL BE AVAILABLE IMMEDIATELY FOLLOWING TOMORROW’S HEARING, WHICH BEGINS AT 9:00 A.M. AT THE MIAMI-DADE COUNTY COURTHOUSE
73 WEST FLAGLER STREET | MIAMI, FLORIDA 33130 COURTROOM 4-4 (4TH FLOOR)
FOR IMMEDIATE RELEASE:
January 28, 2010
CONTACT:
Brandon Hensler, Director of Communications, (786) 363-2737 or media@aclufl.org
MIAMI – The American Civil Liberties Union of Florida will be back in court tomorrow morning at 9:00 a.m. for a hearing to intervene in Miami City Commissioner Michelle Spence-Jones’ lawsuit against Governor Crist. The ACLU is seeking to enter the lawsuit on behalf of five voters in District 5 who voted for her in the recent special election, held on January 12.
Governor Crist formally opposes the intervention and is attempting to silence the voters’ voices by denying them the status of parties in this suit. The ACLU asserts that Governor Crist’s position is contrary to settled law that for decades has confirmed voters’ right to participate as parties in a lawsuit when their chosen elected official’s right to take or to remain in office is at stake.
“Governor Crist has no authority to strip the voters of District 5 of their chosen representative, and now he also wants to silence them as they seek legal redress,” stated Muslima Lewis, Director of the ACLU of Florida’s Voting Rights Project. “The Governor is trampling on the rights of voters who elected Spence-Jones back into office with full knowledge of the charges against her. She is innocent unless proven guilty.
“This is a first-of-its kind abuse of power by a Florida governor. No other public official who was returned to office by voters following a suspension due to a criminal charge has been removed from office a second time while the charges are still pending.”
Governor Crist suspended Spence-Jones from her post as City Commissioner on November 13, 2009, after she was charged with improperly directing government funds to family businesses. Spence-Jones emerged as the clear winner over eight other challengers in a January 12, 2010, special election, for which she was qualified to be a candidate. Spence-Jones has not been tried or convicted; however the Governor suspended her again on January 14, 2010.
The five Commission District 5 voters, through their ACLU attorneys, maintain that she was eligible to remain in office since the voters elected her with the knowledge of the pending criminal charges.
In Florida, the Governor has the right to suspend a public official for only specified acts of misfeasance or neglect of duty. However, if that official is then re-elected, and the voters were fully aware of the pending charges, they are entitled to take office absent new misconduct specified by Florida law.
“The Governor should welcome the voters into this lawsuit,” said Maria Kayanan, ACLU of Florida Associate Legal Director. “Florida law soundly embraces the ability of voters to participate in litigation involving the sovereign right of the people to select their public officials. The Governor’s opposition to the voters’ intervention flies in the face of the core values of democracy.”
The ACLU legal team representing the Commission District 5 voters includes lead counsel Benedict P. Kuehne, ACLU cooperating attorney; ACLU of Florida Voting Rights project Director Muslima Lewis; and Maria Kayanan and Randall Marshall of the ACLU of Florida.
Download a PDF of the ACLU papers filed in Miami-Dade Court today: http://www.aclufl.org/pdfs/SJResponse012810.pdf
Download a PDF of the ACLU’s papers filed in Miami-Dade Circuit Court last week here: http://www.aclufl.org/pdfs/SpenceJones.pdf
About the ACLU of Florida
The ACLU of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our web site at: www.aclufl.org.
# # #
