Judicial independence and workers' compensation judges.

With regard to President Johnson's column "Protecting Our Fair and Independent Judicial System" (March), The Florida Bar need only look to the Florida workers' compensation judicial system as a sad example of an independent judicial system that was not protected and has, thus, in the eyes of many workers' compensation practitioners, become a nonindependent system.

Prior to 1993, a workers' compensation judge was appointed by the governor. After a four-year term, the judge went before a local district court of appeal nominating commission, and if that commission recommended reappointment, the governor was required, by statute, to reappoint the judge to another four-year term.

This provided for a safe and independent workers' compensation judiciary free to rule in favor of one party or the other based on the evidence presented. But, the workers' compensation judges have never had the protection of Art. V.

In 1993, Governor Lawton Chiles decided to "untie" his hands and had the statute regarding reappointment of workers' compensation judges repealed and revised. Based on Governor Chiles' heavy-handed action, a sitting workers' compensation judge may be denied reappointment based on the whim of the current governor during that judge's reappointment. This judgeship has now become a political football under which no sitting judge has a safe job for more than four years.

Few practitioners are willing to give up their private practice for one four-year term. The fear of nonreappointment resulting in a plunge back into private practice is a deterrent to many competent practitioners who would be excellent judges. In addition, it is my opinion that workers' compensation judges are constantly being watched and reviewed on a daily basis by their superiors as well as other prominent players in the workers' compensation system: the governor, insurance companies, the business community, legislators, and insurance company lawyers. The lawyers for injured workers and injured workers themselves are virtually unimportant in the reappointment process of a sitting judge.

If Art. V judges in the state of Florida have their independence in any way compromised in a manner close to what the workers' compensation judges must withstand, then our entire judicial system is in grave jeopardy.

Oath of admission to The Florida bar.

The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful violation to which disbarment may be had.

"I do solemnly swear:

"I will support the Constitution of the United States and the Constitution of the State of Florida;

"I will maintain the respect due to courts of justice and judicial officers;

"I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

"I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

"I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval;

"I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

"I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God."

STEPHEN L. ROSEN

Tampa