THE SUPREME COURT FLORIDA INQUIRY CONCERNING JUDGE No.: 06-425, JUDGE JAMES C. HAUSER / CASE NO.: SC07-983 AMENDED RESPONSE TO MOTION FOR MORE DEFINITE STATEMENT Special Counsel to the Judicial Qualifications Commission files this Response to Judge Hauser s Motion for more Definite Statement and states as follows: 1. Rule 6(g), F.J.Q.C. indicates that a Notice of Formal Charges shall be issued in the name of the Commission and specify in ordinary and concise language the essential facts upon which such charges are based. Paragraph 3 of the Notice of Formal Charges complies with this pertinent provision of the Rule. Nevertheless, undersigned special counsel provides the following additional information. In 1997-1999, when Judge Hauser was assigned to the marital bench, Chief Judge Perry received complaints about Judge Hauser s conduct in a variety of areas, including Judge Hauser s attempts to interview clients without their lawyers present and ex parte communications with litigants and experts. Some of the complainants during this time period included the following: Stanton L. Cobb, Esq. 3319 Maguire Blvd, Suite 120 Orlando, FL 32803 Fried v. Fried, DR95-6352 1
Copies of Mr. Cobb s complaint and identifying documents have been located and are being provided simultaneously, and identified as JQC Prod. 195-280. Subsequently, Judge Hauser s attempted ex-parte communication with a litigant was reported in an appellate decision. See Klapper-Barrett v. Nurell, 742 So. 2d 851 (Fla. 5 th DCA 1999). Barbara Nolte Kinzel, Esq. is a witness with information pertaining to this case and her address will be provided. Judge Hauser returned to the marital bench during the years 2003-2005, when all of the same problems again resurfaced. Chief Judge Perry held two meetings with lawyers and discussed these problems again with Judge Hauser, who apologized for his conduct. Chief Judge Perry did not keep a list of the complaints, and did not request specific case names or numbers. However, we have been able to determine the names of some of the complainants and cases in response to Judge Hauser s request, which names include the following: The following witnesses may be called to discuss identifiable events which fall into this pattern. They are detailed as follows: 2
1. Gail Golda, Esq. G.L. Golda, P.A. 636 W. Yale Street Orlando, FL 32804 Thompson v. Ramos, DR 97-4286 Sanchez v. Sanchez, DR 04-580 2. Mercedes Wechsler, Esq. Mercedes Wechsler, P.A. 545-6 Delany Avenue Orlando, FL 32801 Neusch v. Neusch, 48-1996-DR-7302-O Hunter v. Hunter, DR00-13256-31 Erickson-Speaks v. Speaks, 48-2004-DR-145 3. Neva Kelaher, Esq. Law Offices of Neva Kelaher, P.A. 1177 Louisiana Avenue, Suite 100 Winter Park, FL 32789 Patel v. Patel, DR02-13249-31 4. Lisa Franchina, Esq. Law Offices of Lisa A. Franchina, P.A. 209 East Ridgewood Street Orlando, FL 32801 5. Linda Schoonover, Esq. Linda Schoonover, P.A. 1301 S. International Parkway Lake Mary, FL 32746 Curran v. Hopkins, DR-00-12567 6. James Cheney Mason, Esq. 390 N. Orange Avenue, Ste 2100 Orlando, FL 32601-1642 Morgan v. Morgan, DR03-3196 Respectfully Submitted: 3
By: Lauri Waldman Ross, Esq. Florida Bar No. 311200 LAURI WALDMAN ROSS, P.A. Two Datran Center, Suite 1612 9130 South Dadeland Blvd. Miami, Florida 33156-7818 (305) 670-8010 (phone) (305) 670-2305 (fax) SPECIAL COUNSEL FOR THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION -and- Marvin Barkin, Esq. TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O NEILL & MULLIS, P.A. 101 Kennedy Blvd., Suite 2700 Tampa, FL 33602 INTERIM GENERAL COUNSEL FOR THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION -and- Michael L. Schneider, Esq. JUDICIAL QUALIFICATION COMMISSION 1110 Thomasville Road Tallahassee, FL 32303-6224 ASSOCIATE GENERAL COUNSEL FOR THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION 4
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by mail, this day of August, 2007 to: Keith R. Mitnik, Esq. Counsel for Judge Hauser Morgan & Morgan, P.A. 20 N. Orange Avenue, 16 th Floor Orlando, FL 32802-4979 John Beranek, Esq. General Counsel to the FJQC Hearing Panel Ausley & McMullin, P.A. P.O. Box 391 Tallahassee, FL 32302 LAURI WALDMAN ROSS, ESQ. 5