Mold Found in Second Miami Courthouse

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Mold Found in Second Miami Courthouse

Problem in local courthouses first became public after judge's death

Law.com (subscription) - San Francisco,CA*

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Daily Business Review

March 17, 2008

http://www.law.com/jsp/article.jsp?id=1205491404497

Another federal courthouse in Miami is riddled with mold, according

to a private study last fall commissioned by the U.S Attorney's

Office. The study found mold spores in the air throughout the

Lawrence King building in downtown Miami. U.S. Attorney Acosta

said March 10 he asked for the study after mold problems at the Dyer

Courthouse across the street became public last year following the

unusual death in 2006 of a federal judge from a mysterious pulmonary

illness. Acosta said the study's report found " areas of concern "

spread throughout the building. He said it was not unusual for one

floor to be affected on one side more than the other.

He also confirmed a small number of employees have complained about

respiratory illness. Sources say some workers have chronic

bronchitis. Acosta said the study -- which he did not release --

recommended an upgrade of the building's air conditioning and

humidity control system followed by the cleaning of the air handling

units and replacing insulation in air ducts.

" I became concerned with the air quality in this building and

thought it appropriate and necessary to protect our employees with

our own assessment, " Acosta said. " This is a quality of life issue

and it needs to get done. " Acosta said air purifiers -- purchased

out of the U.S. Attorney's Office budget -- have been located in the

most problematic areas.

Acosta referred questions about cost of the project to the General

Services Administration, which acts as the government's landlord by

renting out space in federal buildings.

But GSA spokesman Mote didn't know about the King building

study until told. He was able to confirm its existence with the

GSA's environmental division but said he couldn't release it without

review.

The company contracted to do the study of the King building was Pure

Air Control Service of Clearwater, Fla. The 12-story, 313,000 square-

foot King building was built in 1993 at a cost of $39.5 million. The

building houses six district courts and three courtrooms of the 11th

U.S. Circuit Court of Appeals. It also is home to the U.S.

Attorney's Office for the Southern District of Florida and the U.S.

Marshals Service. In 1996, the courthouse was named for King, one of

the nation's longest serving federal jurists and a senior judge who

maintains an active office with a full case load on the 11th floor.

Acosta said the building has suffered water leaks for years, and

like other courthouses in the district suffered damage during the

hurricanes of 2004 and 2005.

Acosta said he was cautiously optimistic after GSA picked a

contractor for the first phase. " It's a quality of life issue, " he

said. " This is something we have to stay in front of. "

As a result, Acosta said he shared the results of the study with

staff so if they need to they can share them with physicians.

The report is just the latest blow to courthouses in downtown Miami.

There are three operational courthouses with a $60 million building

sitting empty after a three-year delay due to a variety of

contractual problems. U.S. District Court Chief Judge Federico

Moreno said a certificate of occupancy has been issued and technical

services should move into the Wilkie D. Ferguson Jr. courthouse this

month.

In mid-February, Moreno closed down the basement of the Dyer

Courthouse which houses records and a stairwell used by judges after

receiving a new report from the Department of Health about the mold-

ridden building. The report called a basement sump pump

room " disgusting " and " infested with pests. "

A leaking toilet in a gym used by Marshals deputies above the

basement space is the cause of the suspected mold.

Employees in the Dyer building, which was built in 1933, repeatedly

complain about lung irritation, sneezing, coughing and runny noses.

At least one employee works from home because of " poor indoor air

quality and mold, " the Department of Health report stated.

Meanwhile, a lawsuit moves forward on behalf of the family of the

late U.S. Magistrate Judge Ted Klein, who died in 2006 and whose

office was located on the second floor of the Dyer building. His

family has sued the GSA to release records on the building's

maintenance. Attorney Alan Goldfarb, of Goldfarb & Gold in Miami,

who is representing the Klein family, said he worried that

contaminated items from the Dyer Courthouse could be moved into the

new courthouse.

" This is a domino game they are stuck in, " Goldfarb said.

GSA spokesman Mote said any materials from the Dyer or King building

moved into the Ferguson building will have to undergo

decontamination.

This was the case during the massive $3.7 million renovation at the

West Palm Beach federal courthouse to rid it of mold. The cost

included mold remediation, the cleaning of court furnishings and

repairs due to a burst pipe, he said.