Former county commission candidate Merrill Paul Roland accused County Judge Patti Christensen of impropriety after she dismissed a civil case Roland had filed against the owner of a business that had donated to Christensen’s campaign during this year’s election.
Roland filed suit against Norbert Tuseo on June 30, 2006 stemming from an altercation which occurred at the Conch House in St. Augustine in 2002. On November 1, 2006 the case was assigned to Christensen. Roland’s attorney, Anne Marie Gennusa, who ran against Christensen for the County Court Group 1 position, filed a motion to disqualify or recuse Christensen citing a conflict of interest because of the two had faced each other in the election.
In addition, the motion indicated Christensen accepted a campaign contribution from a company known in the community to be owned by the defendant, and that Roland and the judge had a verbal altercation at a campaign function in Vilano Beach during the judicial campaign.
Christensen ordered the case dismissed for a lack of prosecution.
Christensen’s judicial assistant, Cheryl Wertz said in order for a court date to be set, either the defendant or plaintiff or their attorney’s must file a motion and request the case be put on the calender.
Roland claimed he requested a trial date on numerous occasions, but was given the run around.
"I never asked for favors, I just wanted to be treated fair," said Roland. "I’m just asking for my case to be heard before a fair judge."
According to the St. Johns County Supervisor of Elections Web site Christensen accepted a $200 contribution from Sunstate Vacation Travel.
Christensen said in a phone interview this week she did not accept a contribution from Tuseo but admitted receiving one from Sunstate Vacation Travel. She said she was aware of a connection between Tuseo and the business, but said she did not know his relationship to Sunstate Vacation Travel.
Tuseo said Wednesday he is the sole owner of the business.
Erika Ward, Chief Deputy for the Supervisor of Elections, said contributions from an individual and a business are two separate entities. She said from the election side, candidates can take contributions up to the $500 limit from both businesses and individuals, even if they are the same, as in the case of Tuseo and Sunstate Vacation Travel.
"Election law does not address taking a contribution from someone who could be a defendant," Ward said.
Ward said the candidate handbook says judicial candidates must abide by the Code of Judicial Conduct. According to the Florida Bar association, the code requires a judge to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
"(T)he test for appearance of impropriety is whether the conduct would create in reasonable minds, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired," reads a commentary on the cannon posted on the Florida Supreme Court’s official Web site.
Gennusa said the case should have never gone before Christensen.
"I am not supposed to go before her," she said.
Christensen said she did not believe there was a conflict. She said there are other avenues, including the appeal process, that Roland can explore if he is unhappy with the outcome of the case.
"My rulings don’t always please people," Christensen said. "I play by the rules."
"I’m going through with the appeal," said Roland. "There is hope for justice for me."
December 5th 2008 - 4:31PM