Respect for the judicial system?

• Author: Felos, George J.
• Position: Letters - Letter to the Editor

As the attorney who represented Michael Schiavo, I am sadly compelled to disagree with President Bookman's view "that our governor showed respect for the judicial process in the Schiavo" case, (President's Page, July/August). From my perspective, the governor's actions betrayed a profound and sometimes frightening disregard for our judicial system. Judge for yourself:

On August 18, 2003, after years of litigation repeatedly declaring and affirming Mrs. Schiavo's wish not to be tube-fed, the governor's assistant general counsel called me to question me as part of the governor's "investigation" into the Schiavo case. While I never could get an explanation of the purpose or authority for this "investigation," I answered many questions in an effort to impart to the governor the true facts of the case. I emphatically informed counsel of the death threats made against the probate judge and my client, and cautioned that the governor's apparent message--that the judicial system had failed in this case--could further incite criminal conduct.

On August 26, 2003, the governor wrote a letter to the probate judge asking him to reappoint a guardian ad litem for Mrs. Schiavo and permit new proceedings in the case, despite the fact the trial judge was under the appellate court's mandate to order removal of the feeding tube.

On October 6, 2003, the governor filed an amicus brief in support of the parents' federal court action, in which the parents claimed, among other things, that the probate judge and Mr. Schiavo "conspired" to deprive Mrs. Schiavo of her rights. The governor's entire brief was premised on an erroneous contention--that it hadn't been determined whether Mrs. Schiavo "can ingest food or water on her own...." (In fact, numerous determinations were so made, which were the subject of numerous court orders, affirmed on appeal.)

On October 21, 2003, despite staff warnings of suspect constitutionality, the governor spearheaded the passage of "Terri's Law" and ordered armed men to seize Mrs. Schiavo for surgical reinsertion of the feeding tube.

In February and March of 2005 the Department of Children and Families (DCF), obviously at the governor's bidding, made repeated attempts to intervene in the guardianship case. The court consistently ruled against DCF, finding its actions "attempt[s] to circumvent this Court's Orders ... and the Second District Court's Mandate." On March 9, 2005, counsel for DCF announced in open court that part of DCF's...