The most profound Constitutional crisis of our generation is playing out, in slow motion, right before us now. Florida’s government, which came out of the shadows of corruption, when a Constitutional amendment was passed in the 70’s, has now taken a dangerous slide into darkness. The darkness permits public officials to hide their assets in trusts, and then, in this darkness take personal profit from public office.
This appellate argument is one of the most interesting and most compelling pieces of judicial work you will ever see. This video shows the very highest level of legal and judicial work on full display, principally on the part of Sandy D’Alemberte who is widely known as one of Florida’s best lawyers. Listen to how he passionately educates these appellate judges about the critical Constitutional issues that led our state’s leaders not so long ago to pass a Constitutional amendment that gives citizens the right to know what’s happening in their own government. Just listen to how much deference and respect the court gives to these arguments.
And while the facts are clear…and the intent of the people is clear, as expressed in the Constitution, the First DCA ultimately rejected the arguments.
Apthorp has now appealed to the Florida Supreme Court and the Supreme Court will ultimately decide whether the Constitutional rights of Floridians will be respected.
Make sure to read all briefs here. When reading the briefs it really is disturbing to see how far these arguments go, just what a flagrant violation of the Constitution the current circumstances are:
The Petitioner has a clear and certain right under the Constitution of Florida
to full and public financial disclosure by constitutional officeholders and
candidates for such offices. The Legislature has attempted to displace that right by
authorizing the filing of “qualified blind trusts.” The upcoming general election
will be the first since the statute took effect, and the law creates confusion about
the Secretary’s nondiscretionary ministerial duties to accept disclosure statements.
This oral argument video is on the case: 1DCA 14 3592 James Apthorp v Kenneth W Detzner, in his capacity etc.
Weidner Law represents people in legal actions and provides within a wide range of legal actions. Practice areas include consumer law, bankruptcy, foreclosure defense, veteran and servicemember claims and estate planning. The law firm also represents parties in state and federal court appeals. Matt Weidner and the attorneys of Weidner Law practice only in the state of Florida.
