Judge May Face Perjury Charges

Judge Facing Ethics Probe Over Comment About Colleague Now May Face Perjury Charges
New York Lawyer - February 11, 2008

TALLAHASSEE, Fla. (AP) -- An appellate judge facing ethics charges over a comment he made about a colleague is now facing perjury charges as well.

In 2006, First District Court of Appeal Judge Michael Allen suggested that District Judge Charles Kahn violated the public trust by participating in a former Florida Senate president's bribery case although he had a conflict of interest.

Last year, the state Judicial Qualifications Commission alleged Allen violated judicial cannons by writing the comments without regard to the truth based on newspaper articles that were outside the court record and which he admittedly could not verify. Allen also may have violated judicial cannons by showing his prejudice against Kahn and unnecessarily attacking a fellow judge, the commission found.

Now, the commission has accused Allen of lying when he went before its members in October and said he held no animosity toward Kahn. It ordered Allen to appear before the commission before Feb. 28 to face new charges.

The judge had been scheduled to face trial on the original charges on March 10 but that will be postponed until the new charges are considered.

Allen's attorney, Bruce Rogow, argued in a prehearing statement filed Thursday that Allen was concerned for the integrity of the court and not personal animus.

Messages left by The Associated Press at Rogow's law office and university office were not immediately returned Saturday evening.