Sun Sentinel Palm Beach Edition
‘I let down my better judgment’
Judge admits maligning opponent
Palm Beach County Judge Dana Santino stepped on to the witness stand Wednesday with everything to lose.
Her voice momentarily cracked and her eyes watered as she pleaded to save her fledgling judicial career and escape the disgrace of being removed from the bench for an election campaign that violated ethical standards.
She maligned her opponent — and criminal defense attorneys in general — by telling voters he had made a lot of money by choosing to defend “murderers, rapists, child molesters.”
Santino, 49, apologized and admitted her guilt Wednesday.
“I sincerely apologize to you, Gregg Lerman,” San-
tino said to her opponent. “I offended an entire practice of law.”
The state judicial watchdog’s lawyers are recommending her removal — condemning her “win-atall-costs and pay-the-fine-later” campaign strategy.
“I was not in any way, shape or form trying to win at all costs,” Santino, a former guardianship and probate lawyer, said. “I let down my better judgment.”
She blamed her lapses on being a “political neophyte” who “foolishly” trusted her campaign manager and got bad advice. She blamed the sheer exhaustion of 17-hour campaign and work days.
“No excuse — the buck stops with me,” she told a hearing panel for the Florida Judicial Qualifications Commission, which will recommend a punishment in the next month or two after deliberating.
Chairwoman Michelle Morley, a circuit judge in Sumter County, said it sounded to her like Santino was blaming too much on being tired or relying on her campaign manager.
“You don’t seem to understand or appreciate what [the judicial standards] require of you,” Morley said.
Wednesday’s nearly sixhour proceeding served as something of a trial and a sentencing hearing; Santino, who presides over civil cases, declined to dispute the allegations.
During his turn on the witness stand, Lerman urged the panel to get rid of Santino as a deterrent to future candidates for the judiciary who would sling mud. His complaint — filed after an election he lost by 14,816 votes out of 482,714 votes cast — led to the filing of charges in March.
“You don’t cheat … and keep your seat,” he said, later telling reporters that Santino’s tearful apology was “disingenuous at best.”
The question now is what sanctions the panel of two judges, two lawyers and two citizens will suggest to the Florida Supreme Court, which makes the final decision.
Santino should be removed from the bench, argued Alexander Williams, assistant general counsel for the Tallahassee-based commission.
He accused her of ignoring warnings during the campaign to stop the attacks on Lerman. Williams said it is “inconceivable” to let Santino escape with a hefty fine and a reprimand as “the cost of doing business.”
“The Supreme Court has warned the cost of misconduct in judicial campaigns is rising,” he said. “A judge cannot cheat to win a judicial office and retain that prize.”
But Jeremy Kroll, a Fort Lauderdale-based criminal defense attorney and former Broward prosecutor who is representing Santino, said the judge made mistakes during the campaign and “took complete responsibility.”
“We know the wrong thing happened here,” Kroll said. “Judge Santino is presently fit to serve.”
Pointing to a 2003 state Supreme Court case, Santino’s lawyer asked that she receive the same punishment given to an Escambia County judge found guilty of similar campaign violations.
He suggests a $50,000 fine, public reprimand from the state Supreme Court, and covering the costs for the disciplinary proceedings. Santino’s annual salary as a judge is $138,019.
The panel also heard testimony from several witnesses who praised Santino’s character and ability to serve. They included her mentor, Palm Beach County Judge Ted Booras.
He said he’s observed Santino in court and heard rave reviews from lawyers and mediators who have appeared before her.
“To a person, they all liked her,” Booras said. “I’m not sure they would say the same thing about me.”