Monday, November 21, 2016


UPDATE: corrected to omit references to Rupert Murdoch and News Corporation)

Fifth District Court of Appeals Judge WENDY BERGER has applied for a seat on our Florida Supreme Court with the Florida Supreme Court Judicial Nominations Commission, which meets Monday, November 28, 2016 in Orlando.

The JNC will interview eleven candidates on TV, then deliberate privately.

In a redacted filing intended for members of the public, Judge BURGER omits her husband's name and employer, and did not include his income on her Florida Ethics Commission Form 6.

Her husband's name is LARRY.  LARRY's name appears in articles and her website.

Larry is a corporate Executive Vice President and CEO.

The name of JUDGE BERGER's spouse or corporate employer is not a national security secret.

Thus, WENDY BERGER's material omission of her husband's name and corporations of which he is EVP and CEO suggests her unfitness to serve on the Florida Supreme Court.

In listing persons, firms and organizations from which she would recuse herself, she did not list the name of her husband's employer\.

If JUDGE WENDY BERGER thinks our Florida Constitution, Article I, Section 24 or F.S. 119 permits her sua sponte to try to secrete information about her husband's employment from you and me, she's just whistlin' Dixie.

She needs remedial coursework in ethics and Florida Sunshine and Open Records.

Former St. Augustine prosecutor and St. Johns County Circuit Judge JUDGE WENDY BERGER takes oath of office as Fifth District Court of Appeals Judge, with Bible held by husband, 
LARRY BERGER, before Supreme Court Justice Charles Canaday (SAR)

I wrote JNC:

-----Original Message-----
From: Ed Slavin
To: Jason.Unger
Cc: cynthiagangelos ; DNordby ; karlinskyf ; hala.sandridge ; ireyes ; jeanne ; jpanuccio ; nildapedrosa ; scottopengov ; judgelitt10 ; Pat.Gleason ; george.gabel ; sunshine ; bking ; bergerw ; yttapatty
Sent: Mon, Nov 21, 2016 4:09 pm
Subject: Re: Florida Supreme Court Judicial Nominating Commission meeting; Open Records Request Redactions

Dear Mr. Unger:
Thank you for the thumb drive containing the eleven (11) applications.  I received it today.
A. Please note the following questionable redactions or material omissions of fact, which I have noticed thus far:
1.  The names of the employers of Brad King's adult children (which Sheriff?  Which DCA Judge?  Which State's Attorney?  All are public records.)
2.  The name of Wendy Berger's husband, where he is employed as CEO and EVP (she does not list those corporations among likely recusals in response to Q34). 
Since Judge Berger's husband's name (Larry)(and photograph) appeared in the newspapers upon her inauguration as DCA judge, there is no legitimate purpose served in omitting either that or the name of his current corporate employers.
B. These omissions may suggest a lack of openness and candor on the part of these two applicants and require further scrutiny.
C. Please provide the requested information today, pursuant to F.S. 119 and Article I, Section 24 of the Florida Constitution.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin

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