It isn’t over even though it should
be. After Gov. Charlie Crist ratified Miami Commissioner
Johnny Winton’s removal from office, Winton is still filing
for an appeal based on the flimsy argument that the charges
the commissioner plead down to were not the same exact ones
he was arrested for — and thus he should not be removed from
office.
A
quick recap: Winton was arrested in 2006 for assaulting two
police officers while he was intoxicated at Miami
International Airport. When the felony charges came down
from the Palm Beach County State Attorney’s Office, the
governor suspended Winton from office pending trial. Instead
of being sent to prison for a year or two for attacking two
cops, Winton’s legal defense team managed to plea bargain
his charges to misdemeanor offenses of battery and
disorderly intoxication, so long as he is periodically
tested for alcohol use. (Staying off the hooch is part of
his plea bargain.)
The
commissioner’s only legal argument is that he must be
convicted of the exact charges he was arrested for to be
thrown out of office. Never mind that the governor, who is
constitutionally empowered to decide such matters,
disagreed. Never mind that Winton is still on probation and
one drink could send him back to court — or prison. Never
mind that an election deciding who will occupy the District
2 seat on the Miami City Commission is only three months
away.
Winton’s lawyer insists that his client is doing this on
“principle.” Well, if doing what’s right is Winton’s
motivation, he is going about it the wrong way. Winton’s
legal move only helps breed more cynicism in government and
credence to rumors that Winton is only seeking his seat back
to obtain his pension and perhaps help a few political
friends. Winton should also know that three different people
have filled the District 2 seat in less than two years. Is
disrupting the political representation of District 2 yet
again, prior to the November election, the right thing to
do?
If
Winton wants to do what’s right and principled, he should
drop his case and run again for District 2. Let the
electorate decide if he should regain his seat. Give them a
chance to speak their minds.
To
simply sue at this late stage of the game is not just
suspect; it’s disruptive.