BY DAVID KIDWELL
U.S. District Judge K. Michael Moore is viewed by South Florida
lawyers as a
low-key jurist who is solid on the law, rules with little fanfare,
and seldom says
much from the bench.
Sometimes, they say, he's too quiet.
The only really controversial decision he has made in his eight
years on the
bench came in his rookie year when he opted to preside over the
trials of 23
criminal defendants without disclosing that he himself was under
the cloud of a
federal investigation.
While he directed the U.S. Marshals Service in 1990, Moore took
Broadway
tickets, limo rides and charter yacht cruises from a friend who
was partner in a
firm that contracted with his agency. The FBI later cleared him
in the bribery and
bid rigging probe.
That came as little consolation to the lawyers of 23 defendants
convicted in
Moore's courtroom in the 10 months before the investigation was
made public.
They argued that Moore -- a career federal prosecutor before
taking the Marshals
Service job -- may have unfairly ruled with prosecutors in hopes
it would affect his
case.
``Judge Moore consistently ruled against defendants,'' the attorneys
wrote in an
appeal.
Moore argued he didn't disclose the FBI investigation because
he was told he was
its ``subject'' and not its ``target.'' Moore recused himself
from criminal cases after
the investigation became public.
After four years of legal warfare, the 11th Circuit Court of Appeals
upheld the
convictions.
Moore, 48, is a Florida State University graduate with a 1976
law degree from
Fordham University. He became a federal prosecutor in South Florida
the same
year. He was appointed U.S. attorney for the Northern District
of Florida by former
President Ronald Reagan in 1987.
He became director of the U.S. Marshals Service in 1989, where
he remained
until his appointment to the bench in 1992.
Moore sent infamous Opa-locka drug lord Rickey Brownlee to prison
for life and
refused to delay the money laundering trial of his co-defendant
-- Dolphins wide
receiver Tony Martin -- in favor of the 1999 football schedule.
Martin was
acquitted.
He also sentenced former Miami City Manager Cesar Odio to one
year in prison
for trying to block an FBI investigation of corruption at City
Hall.
Some of Moore's rulings belie his perception as a pro-government
conservative.
Some decisions of note include:
Ruling that Haitian refugees deserve to consult lawyers as soon
as possible after
they hit American soil.
Sentencing of former U.S. Public Defender James Gailey to the
most lenient
punishment allowable -- six months of house arrest -- after Gailey
was convicted
of accepting some $372,200 in outside referral fees while he
was in office.
Urging a compromise that lifted the oppressive post-Hurricane
Andrew curfew in
South Miami-Dade.
Ordering Miami to delay the evictions of some 100 poor tenants
of an Overtown
apartment complex who faced homelessness because the city said
their building
was a den of drugs and prostitution.
Copyright 2000 Miami Herald