In an interesting twist in the judicial misconduct case against Florida First District Court of Appeal Judge Michael Allen, the Florida Supreme Court issued an order asking the Judicial Qualifications Commission to explain why it filed an ethics complaint against Allen, signaling a possible move toward dismissal in the controversy over his attacking a fellow judge in an opinion.
Allen was accused of conduct unbecoming a judge after he criticized Judge,Charles Kahn for not recusing himself from a case and then allegedly lying under oath by saying he had no animosity toward Kahn. For a prior entry, click here.
Kahn dissented in the decision of the appellate court in 2006 to uphold the conviction of former Sen. President W.D. Childers, who is accused of a wide array of corruption, including work with Pensacola lawyer Fred Levin, a former law partner of Kahn’s.
There was obvious bad blood between Kahn and Allen, but Allen testified that he had no animosity toward Kahn. It all seems a bit forced for a formal charge and the Supreme Court seems to questioning the basis or need for the disciplinary action.
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