On that legal challenge, the Florida Senate Judiciary Committee issued a September 2009 report that noted that the Supreme Court's Pleus opinion "emphasized that the origin and purpose of article V, section 11, was to place restraints on the governor's appointment power and to strengthen the nonpartisan selection of the judiciary.
I think the Pleus decision is horrible, from the point of view that we didn't need to have that kind of decision infringing on the governor's power," said Rodriguez.
The parents' complaint was investigated by the school district and led to a response from Eugene school superintendent George Russell that made several proposals to the Sheldon administration but did not call for Pleus to be replaced.
In dissent, Judge Pleus argued, citing Third District precedents, that general release and hold harmless provisions, like confidentiality agreements, should all be freely allowed, and further, that debate on these points only allowed parties which had rejected statutory settlement offers as financially insufficient to escape sanctions after they had lost their gamble.
I have a plea to the parents who are spending energy trying to get coach Jenifer Pleus fired: Throw that valuable energy into a project that really merits your support and backing.
He also rejected an argument made by the governor's legal team that Pleus should have sought a declaratory judgment in circuit court, rather than mandamus relief from the Supreme Court.
An opinion has been expressed that reduction of iodine uptake is not the best end point for risk assessment because the effect is mundane and can be caused by other chemicals (Belzer RB, Bruce GM, Peterson MK, Pleus RC, unpublished data, 2003; Bruce et al.
While Pleus declined to comment on the matter, Bolden was quick to emphasize that the door is still open for Herbert's return.
Gonzalez argued that Pleus failed to meet the conditions for issuing a writ of mandamus and the proper course was to seek a declaratory judgment in circuit court, where information could be developed.
CONTACT: Werner Pleus of Spectrum Information Technologies, 516-627-8992, ext.
Pleus tendered his resignation from the Fifth DCA on September 2, 2008, in hopes of a smooth transition when he planned to officially retire on January 5, 2009.
Werner Pleus have also voluntarily resigned from the board.