South Florida Sun-Sentinel Palm Beach (Sunday)
Israel: DeSantis’ lawyer compromised
Suspended sheriff wants governor’s new attorney thrown off case over ethics concerns
Suspended Broward Sheriff Scott Israel’s attorney wants Gov. Ron DeSantis’ new counsel removed from participating in Florida Senate proceedings that will determine if Israel is reinstated or permanently ousted.
Benedict Kuehne, Israel’s lead attorney, told the Senate in a letter late Friday night that the governor’s new attorney should be removed because he had access to confidential, inside information about his client’s strategy.
The Senate Rules committee begins consideration of the Israel case on Monday morning.
Kuehne is objecting to the participation of George Levesque, the outside lawyer DeSantis hired to argue the pro-suspension case in the Senate. DeSantis hired Levesque, a former general counsel to the Senate, after a special master looking into the case said the governor’s office hadn’t proved his case and recommended reinstating Israel as sheriff.
In his letter, Kuehne said Levesque had represented Okaloosa County School Superintendent Mary Beth Jackson, who also had been suspended by the governor. The two cases ran on a similar time track, though Johnson’s case ended with an arrangement under which she resigned.
Until then, Kuehne wrote, he and Levesque worked together and shared strategy because their clients had similar interests.
“I shared confidential information and strategy considerations with Superintendent Jackson’s counsel [Levesque] on behalf of Sheriff Israel, with the expectation and understanding that our discussions between lawyers similarly situated were confidential. The information I shared with Superintendent Jackson’s principal counsel was material to Sheriff Israel’s representation, was confidential, and was central to proceedings involving the Special Master and preparation for eventual consideration by the Senate,” Kuehne said.
Kuehne said having Levesque represent the governor against Israel “compromises Sheriff Israel’s ability to fairly present his case to the Florida Senate. It also affords the Governor an impermissible and prejudicial insight to Sheriff Israel’s strategy in the suspension review proceedings.”
Levesque is a newcomer to the case. He filed a notice with the Senate that he was coming on board on Oct. 14, one week before the start of proceedings in the Rules Committee. In recent days he’s been meeting with senators.
Senate President Bill Galvano “is reviewing the letter” from Kuehne, spokeswoman Katie Betta said Saturday.
DeSantis communications director, Helen Ferre, didn’t immediately have a comment Saturday.
Levesque filed a notice with the Senate on Oct. 14, one week before the start of proceedings that he would be handling the case on behalf of DeSantis. Kuehne objected four days later.
The Friday night letter from Kuehne raises several questions of fairness and procedure – issues that could become the basis of a federal court case if Israel loses his bid to have the Senate reinstate him.
DeSantis suspended Israel in January, citing failures surrounding the 2018 Marjory Stoneman Douglas High School massacre and the 2017 Fort LauderdaleHollywood International Airport shooting.
Last month, Special Master Dudley Goodlette, hired by Galvano to examine the suspension, recommended reinstating Israel.
As part of its attempt to get the Senate to put aside the special master’s recommendation and keep Israel out of office, the Governor’s Office this week added new evidence: an affidavit about the Broward Sheriff’s Office loss of accreditation for performance while Israel was in charge.
Kuehne said allowing such a late addition to the case violated the process that was supposed to be used and unfairly denied Israel the ability to craft an effective reply.
He also said the affidavit “is plainly unreliable hearsay.”
Kuehne also objected to the kind of meetings taking place between Levesque and individual senators and their staffers. He asked for disclosure of all communications with senators “consistent with Sheriff Israel’s constitutional guarantee of due process.”
Friday night’s letter was not the first time Kuehne objected to about meetings with individual senators or the possibility of additional evidence. In an Oct. 11 letter to the Senate, Kuehne said he didn’t think either was proper. In a response that day, Senate special counsel Christie M. Letarte rejected Kuehne’s complaints.
No law or rule prohibits the parties or anyone else from discussing a suspension case with a senator. And, she said, either side could still submit additional information.