Judicial Independence

Judicial Independence

By David R. Corder

Associate Editor

There was passion in Wally Pope's words. He had the honor of bestowing the first George W. Greer Judicial Independence Award at the Clearwater Bar Association's 44th annual Law Day luncheon.

Pope, one of the association's past presidents, made it clear why he considered it an honor to bestow the award named for the popular Pinellas-Pasco Circuit judge. It's about the current political assault on the nation's federal, state and local judiciary, he said.

No one understands this political assault better than Greer, who presided over the tumultuous Terri Schiavo right-to-die case and decided in 2000 to pull the feeding tube that sustained her persistent vegetative state. His rulings over her guardianship came under attack from Gov. Jeb Bush and the Florida Legislature, which enacted Terri's Law. It brought him international media attention and subjected him to much criticism.

"In Clearwater, we have been in the vortex of the greatest assault upon the independence of the judiciary by the legislative and executive branches of both the state and federal governments that most of us have seen in our lifetimes," Pope told the audience of about 255. "This assault has been so protracted and so severe that well-known conservatives have rallied to the support of the courts."

The crowd stood and applauded loudly as Greer walked to the podium to receive a plaque to commemorate the event. Not only did the Clearwater Bar honor him but also Miami-Dade County Chief Judge Joseph Farina sent a plaque from judges in the 11th Circuit, which also recognized Greer's conviction to the rule of law.

That's not all. The Hillsborough County Bar Association honored Greer at its May 10 Law Day luncheon. The membership awarded him with the Exemplary Demonstration of Judicial Independence Award.

To reinforce the importance of Greer's work, the Clearwater Bar picked Pinellas-Pasco Circuit Judge W. Douglas Baird as the first recipient of the George W. Greer Judicial Independence Award.

The selection committee chose Baird because he declared Terri's Law unconstitutional.

"Last year, at about this time, the Florida Legislature was busy passing a law that purported to undo the decision that Judge Greer had spent years reaching, after hearing days and days of testimony from all sides of the issue," Pope said. "That law was immediate challenged. The challenge landed on the desk of Judge W. Douglas Baird. He heard the arguments and ruled it unconstitutional. It went to the Florida Supreme Court, where a 7-0 ruling upheld the ruling. The U.S. Supreme Court refused to become involved."