Fearful Courthouse Workers Wonder if Mold Infestation Led to Judge's Death

[Guest guest]

Fearful Courthouse Workers Wonder if Mold Infestation Led to Judge's

Death

Law.com - San Francisco,CA*

Kay

Daily Business Review

September 12, 2007

http://www.law.com/jsp/article.jsp?id=1189501361792

Two studies performed at the historic W. Dyer courthouse in

downtown Miami show there are significant mold and air safety issues

at one of Miami-Dade County's oldest courthouses and suggest that

some parts of the building are beyond repair.

The studies, which were obtained by the Daily Business Review, were

commissioned by the U.S. District Court of the Southern District of

Florida after former Magistrate Judge Ted Klein became ill and died

last year of a mysterious respiratory illness, and his fellow

magistrate judges raised concerns about the building's environment.

The W. Dyer building is part of the Miami federal courthouse

complex and hosts magistrate court. Formerly the site of the city's

main U.S. post office, the building was constructed in 1933 of local

limestone and was once home to the U.S. Attorney's office and most

of the district court's judicial offices. It was added to the U.S.

National Register of Historic Places in October 1983.

The building is renowned for its Spanish style architecture and

ornate ceremonial courtroom featuring crystal chandeliers and an

enormous mural. Its basement once contained office space and living

quarters for deposed Panamanian dictator Noriega during his

drug trial in the early 1990s.

Several magistrate clerks, courtroom deputies and interpreters who

work in the building have complained of such respiratory problems as

double pneumonia, nasal bleeding and severe allergies. The situation

is so serious that some clerks have been given permission to work at

home.

In an Aug. 27 memo, Chief Judge Federico A. Moreno, said a new study

is being commissioned by a company that performed mold remediation

at the West Palm Beach courthouse. That courthouse, damaged by

Hurricanes Jeanne and Frances, was closed for a year-and-a-half

while mold was removed.

" Our intention is to have the consultant review prior testing

results, conduct additional on-site testing and then render

conclusions about whether occupancy in limited areas of the building

is likely to cause adverse health effects in occupants to a more

serious degree than exposure to fungal levels, " Moreno said. " Please

understand that I, who began his federal judicial service in the

East Courtroom of the Old Courthouse, share your concern about your

work environment in the Dyer Building. "

Through a clerk, Moreno declined comment and said he preferred to

let his memo speak for itself. In the memo, he encouraged any

employees who have been in the " sealed document vault " -- a basement

area heavy with mold -- to consult their doctors. Additionally, he

mandated that no new sealed documents be taken to the basement,

which is being " air-scrubbed, " and that anyone handling records

coated with what appears to be mold use masks and gloves.

A copy of the 100-page composite report called " W. Dyer

Building Indoor Air Quality Testing Results " was provided to all

employees at a meeting Aug. 9. They were encouraged to take it to

their physicians.

According to employees who work in the building and did not want to

be identified, the building has not been adequately maintained for

years and was heavily damaged by Hurricane Wilma.

Indeed, a tour of the courthouse Tuesday revealed areas of ceiling

tiles falling in, furniture falling apart, old, musty-smelling

carpets, rusted water pipes and peeling wallpaper.

After Hurricane Wilma hit the area in 2005, buckets catching water

leaking from the roof were a staple in areas of the courthouse. A

musty smell permeates most of the building's upper floors. Some

employees had complained of burning eyes and respiratory problems

for years. But they became truly alarmed when Klein fell ill.

KLEIN'S ILLNESS

A healthy man who skied and jogged, Klein contracted a mysterious

respiratory infection and died in September 2006. At the time, his

family worried that something in the courthouse caused his illness.

Shortly after Klein became ill, the court commissioned the first

fungal contamination assessment, which was never made public.

According to the report dated July 2006, " Magistrate Judge Theodore

Klein has recently developed adverse health effects that could be

attributed to exposure to molds. The assessment was performed to

determine if fungal contamination was present in areas that he

frequently occupies including his courtroom and his office areas. "

The study showed fungal spores were present " in significant numbers "

in samples taken. However, the study concluded that these spores

were not likely to cause health problems unless someone was in an

immuno-compromised state.

Still, the study recommended that fungus on the plaster walls and

courtroom wallpaper be removed.

After Klein's death, his courtroom was closed off and remains

unused. His chambers are occupied by Magistrate Judge Edwin ,

who recently transferred from Fort Lauderdale.

" Why would they close off his courtroom if it's not dangerous? "

asked one employee who did not want to be identified.

It is still not known what caused Klein's illness because, in

keeping with Jewish law, his body was not autopsied.

NUMEROUS AILMENTS

Klein is not the only federal employee in the building to fall sick

and worry that the air quality was the cause. According to several

courthouse sources, the law clerk for Magistrate Judge Barry L.

Garber is very ill and has received permission to work at home.

Garber declined to discuss the issue until the new study is

completed.

Another courtroom deputy who recently retired said she is very ill

and recently had double pneumonia. " I'm scared to even go to my

doctor to see what the heck is wrong, " she said. " They are keeping

everything hush-hush, " said a judicial assistant who did not want to

be identified. " Everyone is scared. You don't know how much your

immune system can handle. "

Another judicial assistant said she had no idea her chair was mold-

infested until she saw a photo of it in the report, which labeled

it " mold-infested. " She quickly found another chair in the office to

use.

Magistrate Judge R. Palermo, who has worked in the Dyer

Building for 37 years, is not sick, but is concerned about his

employees.

" Who knows if there are health problems because of the mold, " he

said. " We just want to know if it's safe. "

Palermo attended the Aug. 9 meeting held by representatives from

Clerk of the Courts Clarence Maddox's office to discuss the report.

Neither Maddox nor Moreno or any other federal judge was present.

However, Moreno has met with every employee to discuss the situation

and is getting high marks for his concern.

" He's here in Miami and seems to care about us, whereas the previous

chief judge was in Fort Lauderdale, " said one clerk.

An employee who has worked in the building for 32 years accuses the

courts of " trying to cure the problem with Band-Aids.

" They have not maintained this building at all, " said the employee,

who said he has undergone surgery for nasal bleeding.

He said the problem escalated sharply after Hurricane Wilma, when

the roof became severely compromised and panels began opening,

allowing water to seep into the building.

Copies of the mold reports are available for viewing by the public

in the clerk's office.

The studies were done by CIH Environmental Solutions of Miami.