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Is old Broward courthouse safe until replacement is ready?

Mayo

http://www.sun-sentinel.com/news/columnists/fl-sick-courthouse-mayocol-b020811-2\

0110207,0,7223672.column

7:43 p.m. EST, February 7, 2011

E-mail Print Share Text Size fl-sick-courthouse-mayocol-b020811-20110207

I've heard of judges putting documents under seal, but putting chambers under

seal?

" I'm looking at my hearing room — there's tape all over it, " Broward Circuit

Judge Greene said Monday.

Greene cordoned off part of his seventh-floor chambers in the Broward County

Courthouse last week after getting disconcerting test results from an

environmental firm. In a memo he sent county administrators, Greene cited

" unacceptable amounts " of asbestos, bacterial mold, toxins and fungi.

He has relocated hearings to Chief Judge Victor Tobin's office until the

situation is resolved.

This is how skittish the atmosphere in the old courthouse wing has become in

recent weeks. Concerns have been mounting since Circuit Judge Cheryl Aleman died

in December from an aggressive form of lung cancer.

Nobody has linked Aleman's death to her work environment, but three judges who

shared a quadrangle with Aleman on the ninth floor moved to another floor after

requesting environmental testing.

" What was once idle chatter about the condition of the building has now become a

serious conversation, " Broward Circuit Judge Mark Speiser said Monday.

And it's triggering a serious question: Can the much-maligned old courthouse

remain in service until the new one is ready in 3 to 5 years?

I always thought the concerns surrounding the old courthouse were overblown, hot

air meant to puff up the controversial building of a new courthouse. But the

issues haven't disappeared since commissioners approved the new building.

Instead, jokes about conveniently timed floods and burst pipes have given way to

grim tallies of the number of judges who have cancer. Not all have publicly

revealed their conditions, but one judge ticked off a list of 10 colleagues —

among 90 in the circuit — who've had the disease recently. Most work in the old

wing.

" There is a lot of cancer among judges, " Chief Judge Tobin said Monday. " But

nobody has linked that to what's in the building … I can't speak to what

percentage of the courthouse workforce has gotten sick. All I know is that a lot

of the workforce, including me, has some sort of stuffed nose, runny nose, sinus

infection, sinus irritation, or cough. "

Roughly 1,500 people work in the courthouse complex, including bailiffs and

security guards, judicial assistants and clerks, and employees of the State

Attorney's Office, the Clerk of Courts and the Public Defender. Thousands more

pass through each week as jurors, plaintiffs, defendants and witnesses.

Tobin said county and court officials have agreed to hire an independent firm to

conduct more testing on the entire building in upcoming months.

That's in addition to the conflicting test results that have been issued by

various firms hired by the county and attorneys representing courthouse workers

in a pending civil suit.

Former state senator Walter " Skip " , whose law firm is representing the

workers, said he will file a motion this week asking for the old courthouse wing

to be shut if it's not fixed as soon as possible.

" It really is a danger, " said. " We do have science here — this is not

made-up stuff. "

Pete Corwin, assistant to the county administrator, said closure is not

necessary and preliminary tests indicate the building is safe.

" We believe we can provide a healthy work environment, but maintaining the

building will take an ongoing effort, " Corwin said.

Broward Clerk of Courts Forman said he held a staff meeting Monday to

discuss concerns, and that his office might hire its own independent firm to do

inspections and testing.

And what happens if all these independent reports conclude the old wing is

unsafe?

Said Tobin: " Then I'll sit down with the county and say, 'What are we going to

do?' If it gets so bad that we have to rent out space, that's an issue that has

to be addressed. But it's premature — we're not at that point yet. "

Said : " The county is supposed to have some type of emergency plan.

They're supposed to have a backup courthouse. "

Said Corwin: " We don't have a contingency plan to relocate 1,000 people and 65

courtrooms … it would be impossible. "

People better get their thinking caps on fast. Or maybe their hazmat suits.

Mayo can be reached at mmayo@... or 954-356-4508. Read his

blog online weekdays at SunSentinel.com/mayoblog.

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