BY JAY WEAVER AND ALFONSO CHARDY
Facing the sunshine-like glare of the Elian Gonzalez dispute,
Senior U.S. District
Judge James Lawrence King asked attorneys Thursday whether they
want him to
remove himself from the case either because of his indirect ties
to people involved
in the dispute or his busy schedule.
The lawyers for Elian's Miami relatives said they don't want him
to step aside. But
U.S. Attorney Thomas Scott said he needed to consult with Attorney
General
Janet Reno and Justice Department lawyers before giving an answer.
King is expected to decide today whether to step down.
The judge formally disclosed Thursday that his son Larry, a Miami-Dade
County
judge, hired a political consultant for his election campaign
who is organizing the
local effort to stop Elian's return to his father in Cuba.
King also disclosed that his daughter Mary is deputy chief of
the public corruption
division in the U.S. attorney's office in Miami.
And the judge cautioned the battling attorneys for the federal
government and
those for the Miami relatives that he will be busy with an ongoing
jewelry-fraud
criminal trial during the next few weeks.
UNUSUAL MOVE
King, who was randomly assigned 6-year-old Elian's high-profile
immigration
dispute on Wednesday, made the extraordinary move of giving both
parties until
12 noon today to tell him whether they want him to step aside.
The judge, known
for his favorable rulings for immigrants including Cuban refugees,
said he would
respond about removing himself from the Elian case in the afternoon.
King acknowledged that he felt obliged to make the disclosures
after his son,
Lawrence D. King, called to inform him of his professional ties
to political advisor
Armando Gutierrez.
``I will certainly give grave consideration to any objection,''
said King, 72, a federal
judge since 1970. ``I wanted to make a full and complete disclosure.''
Gutierrez, a well-known judicial campaign consultant, has voluntarily
worked
around the clock with Elian's Miami relatives, who are trying
to block Elian's
return to Cuba.
Attorney Jose Garcia-Pedrosa, representing the relatives, immediately
told King
on Thursday that he should stay on as judge. ``We have absolutely
no objection
to your honor presiding over this case,'' he said.
But Scott, a former Miami federal judge himself, asked King if
he could deliver his
response in 24 hours after checking with Reno. ``Whatever the
court decides, we
would accept,'' Scott said.
Reno has emphatically backed the Immigration and Naturalization
Service's
decision to send Elian back to his father, Juan Miguel Gonzalez,
in Cuba. The
INS ruled that Elian, who survived a tragic boat journey from
Cuba that cost the
life of his mother, is too young to determine his own fate.
The attorneys for Elian's great-uncle, Lazaro Gonzalez, are challenging
the INS
ruling on grounds that the agency violated the boy's constitutional
rights because
it never allowed him an asylum hearing, as requested by his Miami
relatives.
ASSIGNMENT MOCKED
The Castro government mocked the assignment of the relatives'
case to King,
who has a reputation for being sympathetic toward Cuban exiles
in court.
``What a coincidence!'' Granma, the Communist Party daily, said in an editorial.
``If Judge King rules in favor of the [Cuban exile] mafia, the
U.S. government will
have to seek recourse at the Fourth Circuit of Appeals in Atlanta.''
The instant publicity over the political ties between King's son
and Gutierrez
stopped the case from even getting started before the judge.
Normally, King would
not have been compelled to disclose the information.
The son, first appointed as county judge in 1998 and now up for
election in the
fall, paid a consulting fee of $1,500 to Gutierrez and about
$469 to his wife
Maritza Gutierrez's advertising business last year.
Last week, Miami-Dade Circuit Judge Rosa Rodriguez gave emergency
custody
of Elian to his great-uncle so that he and his father could face
off for temporary
custody of the boy in March. Reno said Rodriguez's family court
ruling carried no
legal weight in an immigration dispute.
But before her decision, Rodriguez did not disclose that her 1998
judicial
campaign paid Gutierrez $10,000 for his political advice and
another $53,446.22
to his wife for advertising and other promotions. After her professional
relationship
with the publicist for Elian's relatives became common knowledge
last week,
Rodriguez found herself the subject of criticism.
NO OBLIGATION
The Miami-Dade Circuit Court issued a statement on her behalf
saying Rodriguez
had no obligation to disclose her political links to Gutierrez
under the Canons of
Judicial Ethics. Those canons require judges to ``avoid impropriety
and the
appearance of impropriety.''
One legal ethicist said King's disclosures were unnecessary under
the Code of
Judicial Conduct -- but welcomed them anyway.
``What has happened is everybody is going the other way and being
overly
cautious,'' said Robert Jarvis, a Nova Southeastern University
law professor.
``Before the Rodriguez matter, it wouldn't have occurred to King
to disclose this
relationship,'' he added. ``But I don't think it's a bad thing
for judges to make these
kinds of disclosure because it clears the air.''
Jarvis said he was also struck by Scott's reluctance to give King
an immediate
response to the judge's question about removing himself -- given
that Scott is a
former federal judge and colleague of King's.
OBLIVIOUS TO STORM
Meanwhile, little Elian, who stayed home Thursday from school
because of a
stomach ache, seemed oblivious to the legal storm over his fate.
The legal developments added to what appeared to be a day of tension
for his
Miami relatives, following unusual events around their Little
Havana home.
At midnight Wednesday, an unidentified man stopped a yellow car
in front of the
house, jumped out of the vehicle, then over the fence. He went
to the door and
knocked, yelling for Marisleysis Gonzalez, Elian's 21-year-old
cousin. She came
out, and left with the man.
Several hours later, before sunrise Thursday, another man recognized
by some as
a security expert also jumped over the fence, yelling for Lazaro
Gonzalez to come
out.
But Elian's great-uncle did not come out. And, after a few minutes,
the man
jumped back over the fence onto the sidewalk and left.
Following the incidents, two Miami police officers showed up at
the house
Thursday morning to talk with Lazaro and his brother, Delfin
Gonzalez.
The overnight incidents followed reports of a telephone death
threat to Delfin.
Lazaro Gonzalez declined to provide information about any of
the incidents.
Herald translator Renato Perez contributed to this report.
Copyright 2000 Miami Herald