This order, below, was issued by Chief Judge John Miller this afternoon. The complaint filed against Clerk of the Court Pam Childers on behalf of the BCC has now officially been transferred to Okaloosa County.
The blanket recusal anticipated in the order necessitated this action.
I'm told the Judge in Okaloosa County to whom this was transferred has now recused as well. Already.
Some observers believe this will eventually have to be sent over to the 14th Circuit in Panama City. We will see what happens.
Interesting. I was just reading over FL statutes about the clerk duties. Chapter 28
ReplyDeleteLot to it.
28.001 Definitions.
28.01 Bond of circuit court clerks; small counties.
28.02 Bond of circuit court clerks; large counties.
28.03 Obligation of sureties.
28.04 Justification of sureties.
28.05 Surety companies.
28.06 Power of clerk to appoint deputies.
28.07 Place of office.
28.071 Clerk’s seal.
28.09 Clerk ad interim.
28.101 Petitions and records of dissolution of marriage; additional charges.
28.12 Clerk of the board of county commissioners.
28.13 Papers and electronic filings.
28.14 Records, judgments, orders, and decrees prior to circuit courts.
28.15 Records from superior courts.
28.16 Certain records from prior county courts.
28.211 Clerk to keep docket.
28.212 Minutes of court proceedings.
28.213 Disposal of physical evidence filed as exhibits.
28.215 Pro se assistance.
28.222 Clerk to be county recorder.
28.22205 Electronic filing process.
28.2221 Electronic access to official records.
28.2222 Public records capital improvement plan.
28.223 Probate records; recordation.
28.231 Service charges by clerks of courts.
28.235 Advance payments by clerk of circuit court.
28.24 Service charges.
28.2401 Service charges and filing fees in probate matters.
28.2402 Cost recovery; use of the circuit court for ordinance or special law violations.
28.2405 Comprehensive Case Information System.
28.241 Filing fees for trial and appellate proceedings.
28.242 Service charges retained when case laid in wrong venue.
28.243 Personal liability for accepting checks.
28.244 Refunds.
28.245 Transmittal of funds to Department of Revenue; uniform remittance form required.
28.2457 Mandatory monetary assessments.
28.246 Payment of court-related fines or other monetary penalties, fees, charges, and costs; partial payments; distribution of funds.
28.29 Recording of orders and judgments.
28.30 Records; destruction; reproduction; electronic recordkeeping.
28.31 Notice to county commissioners of intent to destroy; approval of board.
28.32 Destruction of certain instruments.
28.33 Investment of county funds by the clerk of the circuit court.
28.34 Salary discrimination based on gender or race; review within the county and circuit courts.
28.345 State access to records; exemption from court-related fees and charges.
28.35 Florida Clerks of Court Operations Corporation.
28.36 Budget procedure.
28.37 Fines, fees, service charges, and costs remitted to the state.
28.42 Manual of filing fees, charges, costs, and fines; payment plan form.
28.44 Clerk discontinuance of court-related functions.
28.45 Provision of financial data to Executive Office of the Governor.
I could see that Judges in the district would chose to recuse themselves because they deal with the Clerk of Court.
Abnegation of responsibility and duty is a real art from these days.
ReplyDeleteIf I had to pick one word to describe the outlines of leadership in this area and state right now, it would be Brutalist. Aggressively offensive, needlessly unapproachable, and utterly pointless in many of its aspects.
Conflict of interest if it were held here. Simple as that.
ReplyDeleteThe Escambia Clerk does not understand her authority and has attempted to overstep her boundary and authority. She has made it imperative to get this settled in a court of law.
ReplyDeleteCan't have loose cannons running the show.
It is mind boggling to see people who don't understand this -- they often are also the ones who are for the recall Florida bill, which is a bad bill against rule of law and just foments mob rule and political maneuvering often based on feelings and emotions (and ignorance).
The way it works is we vote people in, they know their job and stay in their lane and do it well or someone else gets elected next time. The problem is the voters are not very educated and savvy. The more the Democrats try to get ignorant people and non citizens to circle the dot for them the worse and weaker our country and county becomes. Facebook has put the microphone in the hands of people who may not necessarily process information correctly or either flat out pass propaganda as valid.
https://ricksblog.biz/the-bccs-case-against-childers/
Read this -- she stuck her foot in her own mouth.
I don't know why the judges in Okaloosa would recuse themselves. Does noone know how to interpret the Florida Constitution anymore?
A county clerk has no authority to set policy.
The best thing she could do is back out and pay it or she will just look more foolish to the people who understand this. (Not clueless F/B ECW type pitchfork crowds)
@2:04 Anybody that uses Outzen as a credible source is just a dufus. The man linked everything from the PNJ a misconstrued key statements.
DeleteWhat Escambia County Clerk said is on record on ECTV. During the public meetings and in writing in emails.
ReplyDeleteShe also said, for the record she was in ECAT union negotiations. Was she? Is that on her list of duties? Union president said she lied.
She stuck her foot in her mouth sticking up for Gilley back in the summer, not based on facts.
Is she Fenny or Defasio?
either way @320, yes sometimes PNJ slants things but esp with Marlette and opinion pieces. True Ricks leans left and even Northescambia sometimes don't print comments they disagrees with so there is that.
But your comments here clearly show you are uninformed and just wanting attention. Go lobotomize a doll and stick a plant in it or something else for your amusement.
Either way this will be settled in court, by one who can interpret the law.
That is all.
sealioning, asking people to back up what they say is a trait from @320, recognize the voice in the room. These types then -- when you do it-- they still won't listen and don't believe it. They also get in the back row of town halls and are the rudest person in the room and at the county meeting with the motley crue coughing and interrupting.
ReplyDeleteNot impressed.
Rick posted the PNJ articles because J. Little took the time to type out the transcripts.
Try to keep up if you can.
Best to ignore these types really -- they just dumb down the conversation, makes me want to call them fart face or middle school type behavior right back.
@5:19 I'm sorry you're too ignorant to understand the truth. This is a piss poor attempt to push a failed narrative. Although I fully anticipate the courts will favor Mrs. Childers. The citizens of this county are pissed about this money grab and recognize it for what it is. One would think the three musketeers would recognize this as a terrible political move. The best option for this is in the courts.
ReplyDeleteYou're trying to force Chance to your mindset. @1057. If elected he should have the same opportunities as anyone. You don't speak for everyone. Why have you knighted yourself as the mouthpiece of "everybody sees it everybody knows it" You are clueless.
ReplyDeleteUseful idiots for Underhill.
The courts will favor the law and the 401a is legal and a clerk doesn't make policy. We have a republic of laws so it is not at the whim of dolts' feelings and misinterpretations.
Also the personal files of employees are not public records so Admin should have a handle on what is and isn't. That was another fatal error of the Gilley administration. You caused that but it was time. She was a wrecking ball.
We will see if the judge knows his business and will not kick the can and mealy mouth.
In the meantime go buy some tights.
@11:26
ReplyDelete"You're trying to force Chance to your mindset." HUH?
"Why have you knighted yourself as the mouthpiece of "everybody sees it everybody knows it"" WHAT?
"Also the personal files of employees are not public records so Admin should have a handle on what is and isn't. That was another fatal error of the Gilley administration. You caused that but it was time. She was a wrecking ball." Day drink much?
"In the meantime go buy some tights." Another What are you talking about?
1047 are you not Alex.
ReplyDeleteComments were directed toward 1057 from 1126
ReplyDeleteEither way. Pensacola should set yet another example and sue Andy Marlette and PNJ and challenge Times vs Sullivan. Take it all the way like we did the Bay View Cross.
Arduini is trying to get Chance on record he will not take the 401a. He is a troublemaker and needs to be called out. He has a public post trying to get dudes to buy tights.
Rogeris posting the Marlette pieces on ECW.
They cause sedition and stir up distrust and problems toward our elected officials.
Rogers on ECW with Underhill even used an employee to sue a citizen they didn't agree with and cost her thousands of dollars.They should not be able to getaway with that abuse of power.Anyone on ECW falsebook is associated with that.
Any one can go to a search engine and find a 401a is legal and an alternative retirement plan.
The newspaper Facebook Underhill has left no other alternative but to so lop ve this.
People like Jaqueline Rogers have left no other alternative bu to be put down and in their place. Troublemaker and basically a liar. When you take this to the Supreme Court take them with you commissioner.
Gilley released public records to PNJ or allowed her people to do it with Selover and
ReplyDeleteAlso with Barry and commissioner's personnel records which are not public records. UNDERHILL releases records he should not. It is not a matter of day drinking.
And no I am not a family member nor benefiting.
Elected Officials should be as addressed with respect.
We have fallen far from grace.
Go back. Or you will be considered a rube illegitimate pitchfork weilding outcast.
Comments may seem critical but the. Commenter probably knew I had them pegged.
Should I explain more.
OK Demlow has dolls with the head cut off and Alex told people to buy leggings. Their Facebook profiles are open.
534 are you 1057. No.
ReplyDeleteFunny that anyone would think suing the PNJ for publishing facts would be a good thing. I certainly don't agree with everything Marlette writes but the simple fact the fab four refuse to let this 401a thing go is comical at best. It's completely unethical and yet we have individuals that think funneling money into their bank accounts is fine. You people are sick.
ReplyDeleteI don't see an issue with Alex asking Chance about the 401a. Let's get that out in the open and see if he'll be just another vote to go along with GOB. (to be clear I'm not Alex) Looks like he has got the momentum and will easily be the next D2 commish. Brown is just a plant for Tallahassee and Pinot is just a far-left democrat once disguised as a republican now an NPA. She's just pandering to the low IQ folks. As far as a lawsuit against her she brought that on to herself posting photos and info online. She now thinks she's above the law and can say and post whatever she wants.
The distrust voters have for this board is something they brought upon themselves. Barry and Rogers travel to Tally to get the okay for him to vote on back payments that Rogers could benefit from also. I can't see anything wrong with that. (sarcasm) Elected officials should treat their constituents with respect as well. Just because they were elected doesn't make them entitled to anything although that's what they think. Bergosh is now the top dog with the insults implying this week somebody needs to put down the rock pipe. That wasn't warranted at all.
9:14, I've not been able to understand why the BOCC doesn't sue Marlette, either. He has clearly libeled them in a couple of concrete instances. The worst was when he stated as a flat out fact that the commissioners broke the Sunshine before voting to censure Doug. I unfortunately came to know a thing or two about libel law, and that statement has all of the elements for a successful libel suit--and yes, media companies have indeed been successfully sued for libel.
ReplyDeleteThen again, I don't understand why a lot of things don't happen. In particular, I don't understand why the Board isn't fighting back against the autocrats in Tallahassee that are stripping away their power to the point that if there's much more of it, there really won't even be a need for elected officials as anything but rubber stampers.
It's not exactly the age of profiles in courage. Sadly everyone seems to be looking out for their own ass/future elections first and foremost. It's so difficult for me to understand why the titles are such a big deal to people when the purpose and importance of the offices themselves is quickly getting stripped away, and the "we have nothing to do with it" abnegations of responsibility just contribute even more to the general sense that to be a commissioner isn't what it used to be.
Who knows. Maybe someone will be able to convince the BOCC to pay attention to the fact that Broxson and Brown are getting ready to screw Escambia out of a bunch of Pot 2, and perhaps Pot 3, RESTORE monies to gift sewer to their contractor/builder supporter all over the Panhandle--and beyond. And yep, that's actually in the works--Janice Gilley organized a meeting in Tallahassee about it recently, which cut out remote access at the last minute, in vintage Janice Gilley style. Of course ECUA is right there in the mix on this pending highway robbery along with our delegation and Downtown. Escambia is supposed to receive the lion's share of both those pots due to being the most highly affected county post oil spill. Can't wait to see where Broxson thinks those funds are going to be best funneled to fuel him right on up to the swamp in DC. He'll fit right in. He's had a lot of practice during his tenure in Florida.
Do you spend all your waking hours making up all this wacky stuff? Serious minds want to know.
DeleteDo a little fact checking and one can see Pino makes sweeping comments not based on facts. There may be a seed of truth but embellishments abound which make it a non trustworthy assessment. A bill did pass that favors business can sue if a government decree costs a business. I agree that is excess. But it's not like the deep dark twisted GOP cabal is destroying democracy. The vaccine back and forth is another ridiculous issue. Different times than polio and smallpox.
ReplyDeleteAn again no matter how smart and longwinded you try to sound about BP settlement andother issues actually.. It is locked up in a trust fund drawing interest, which, interest is good in the long run. Escambia is not supposed to get the lion's share but is eligible for a portion. Again someone actually knowledgeable about this and connected will be a plus.
Not sure if D2 will vote Brown in though. They don't have a good track record the last 7 yrs. I'm glad D1 was made whole and now over Commissioner Bergosh represents the Westside Escambia beach though.
I hope the townhall go well. Nice agenda put together.
I never comment on this blog, and when I do, I use my name and none of my comments are allowed.
ReplyDeleteRight.
ReplyDeleteRead the RNC Censure resolution from yesterday and read how she posts and interprets that. Two alternate universes. You have to wonder does she really think that way, if so we have a look into a troubled soul's mind or is she simply a democratic party/socialist operative. I wouldn't know.
I love the censure resolution. It made perfect sense.
I am happy to see you have the Federalist .com link here Com Bergosh. That says a lot about you.
It wouldn't hurt for people to go back and read a little about the actual Federalist papers, how the constitution was ratified, how the bill of rights came to be and why.
Learn about the government of the USA. How its powers were/are set up. It may help them understand a little bit more about what is going on in the present.
Rick's blog still won't post comments he doesn't agree with for instance on the Dr. Michael Butler article.
That how he rolls.
His blog his terms. I guess.