By Alex Veiga Associated Press. Chicago Sun-Times. January 12, 2000
MIAMI--A spokesman for Elian Gonzalez's Miami relatives earned $10,000 as a political consultant for the judge who defied a federal order and awarded temporary custody of the Cuban boy to a relative in the United States.
Miami-Dade County Circuit Judge Rosa Rodriguez said Tuesday that she was not required to remove herself from the case because of the affiliation.
Armando Gutierrez, who has spoken on behalf of the 6-year-old boy's relatives, said he worked for Rodriguez during her 1998 election campaign.
Rodriguez ruled Monday that Elian's Miami relatives had shown that the boy would face "imminent and irreparable harm" if he were returned to Cuba, including the "loss of due process rights and harm to his physical and mental health and emotional well-being." She awarded his
great-uncle temporary custody until a March hearing.
The Immigration and Naturalization Service ruled earlier that the young shipwreck survivor should be returned to his father in Cuba by Friday because they have a close relationship.
Gutierrez, who runs a public relations firm, said he hasn't spoken with the judge in 18 months and that his work for her did not influence her ruling.
"This is absurd that anyone could influence anyone in this case," Gutierrez said. "I'm not a part of this lawsuit. . . . I'm not getting paid. I'm a community activist trying to help out like millions of community activists in the United States."
In a statement, Rodriguez said: "According to the canons of judicial ethics . . . a judge has no ethical obligation to disclose participation by attorneys or participants in a past judicial election campaign."
"A judge is not required to disqualify herself due to an attorney's participation in a judicial campaign when the campaign takes place during the previous year and is not ongoing," the statement said.
Gutierrez said the judge's campaign also paid his wife, Maritza, for services provided by her company, Creative Ideas Advertising. State records show the company was paid $53,446.22. Her business has not participated in the effort to keep Elian in the United States, he said.
Elian was found Nov. 25 off the coast of Fort Lauderdale, clinging to an inner tube after his mother, stepfather and others drowned while trying to reach the United States.
Bernard Perlmutter, director of the University of Miami's Children and Youth Law Clinic, said the judge should have disclosed her relationship with Gutierrez and recused herself from the case.
"There was an appearance of impropriety and it should have been a basis for her to recuse herself from the case," Perlmutter said.
Roger Bernstein, an attorney representing Elian's relatives, said Gutierrez has stayed away from court to avoid any appearance of impropriety.
"I have every confidence that she made this decision independently," Bernstein said.
Also Tuesday, attorneys for Elian's relatives refiled a petition seeking political asylum for Elian, even as questions remained as to whether the INS would consider the request.
The INS was reviewing Rodriguez's ruling to see what effect it has on the agency's decision last week to return Elian to his father, said INS spokesman Russ Bergeron.
Rodriguez ruled that Elian should remain with his U.S. relatives until March 6 so the court can hear arguments from Lazaro Gonzalez, his great-uncle, who is seeking to become Elian's guardian.
Spencer Eig, a member of the legal team, said the attorneys would wait for a reaction from INS officials to the judge's ruling before taking further action.
Copyright 2000 Associated Press. |