Hoeveler will be remembered as Glades hero

CARL HIASSEN
Hoeveler will be remembered as Glades hero

Hoeveler always will be Glades hero

For those who've fought so long to save what remains of the Everglades,
it's tempting to see a dark conspiracy in the surprising and abrupt
removal of U.S. District Judge William Hoeveler from Case No. 88-1886.

The decision to disqualify Hoeveler, regarded as one of the fairest and
most able jurists in our courts, was a bombshell to conservationists.

For 15 years Hoeveler has been a patient watchdog over the contentious
Everglades cleanup process -- and a pain in the butt to Big Sugar, the
most prodigious polluter of Florida waters.

It was U.S. Sugar that petitioned to have Hoeveler booted off the case
last summer, after the judge expressed grave concerns about a new law that
extended by up to a decade the deadline for reducing harmful fertilizer
levels in farm and urban runoff.

Hoeveler, and all Floridians, had good cause to worry.

To weaken the Everglades Forever Act, Big Sugar had deployed more than 40
lobbyists to Tallahassee. They got a predictably chummy welcome from the
current Legislature, which spends much of its time whoring for corporate
interests.

Hoeveler was so alarmed that he issued a preemptive ruling that labeled
the proposed legislation ''clearly defective.'' He ordered hearings to
determine whether or not it violated the terms of the cleanup settlement
between the state and the feds.

The judge's mistake was not in taking action. It was expressing his
worries to several newspapers, including The Herald.

According to the Code of Conduct of United States Judges, they're not
supposed to give media interviews about pending cases, or comment about
the positions of either the plaintiff or defendant.

In the newspaper articles, Hoeveler said he had ''considerable
apprehension'' about new Everglades law, and feared that Gov. Jeb Bush had
fallen ''into the hands of those who don't like the Everglades.'' That
gave U.S. Sugar all the ammo it needed.

Last week, Chief U.S. District Judge William J. Zloch removed Hoeveler
from the case, saying the published remarks raised doubts about his
impartiality.

It was a strict and literal application of the conduct code. Hoeveler is
by no means the first federal judge to have spoken frankly to the press.

On the other hand, Bill Zloch is not known as an intemperate or impulsive
man. I doubt if his decision came easily, as he knows the high esteem in
which Hoeveler is held not only by his peers, but by the lawyers who
practice in federal court.

No political agenda

Those sniffing for a secret political agenda might note that Zloch was
nominated to the bench by a Republican president, Ronald Reagan, while
Hoeveler was appointed by a Democrat, Jimmy Carter.

I doubt that had anything to do with Zloch's ruling. Federal judges don't
run for office, which means they don't need to grovel for campaign funds
as state judges do.

It's also worth remembering that Big Sugar has heaped hundreds of
thousands of dollars in donations on both political parties, with rosy
results in Washington, D.C., as well as Tallahassee.

One of many ironies in the Everglades battle is that the fortune spent by
sugar barons for political access and high-priced legal talent comes from
the wallets of American taxpayers.

The price-supports that prop up domestic sugar prices function as an
outrageous welfare program for the rich -- the only kind of welfare
supported by Congress these days.

Final order stands

The handout is so lucrative that Big Sugar can afford to hire the best
attorneys to go after a judge they don't like. And while the cane growers
have finally gotten rid of Bill Hoeveler, they'd be wise not to pop the
champagne just yet.

Significantly, Zloch refused to nullify Hoeveler's final order that set
hearings into the legality of the new Everglades cleanup rules. The case
has been reassigned to Judge Federico Moreno, who, like his predecessor,
has a reputation for both modesty and gentle candor.

Moreno's sentiments about the Everglades are unknown, and it's unlikely
he'll be giving any interviews on the subject. However, I wouldn't be
shocked if he follows many of the guideposts established by Hoeveler, who
helped craft the complicated cleanup pact.

In the meantime, Hoeveler himself can step away from the fray knowing that
he's made an enormous difference. Without his diligence and firm hand,
it's doubtful that Big Sugar would have taken the steps that it has to
begin cleaning up its mess.

Spoke for millions

At 81, Hoeveler is probably less hesitant to speak his mind than a younger
judge would be. That's what got him into trouble, though his frustration
over the Legislature's interference is understandable.

There are times when judges need to be leaders, times to forcefully
articulate the difference between right and wrong. Hoeveler spoke for
millions of Floridians by insisting that cities and farms must stop using
precious public waters as their private latrines.

He will be remembered as a hero of the Everglades in the way that Judge
John Sirica was a hero of Watergate -- not as a partisan advocate, but as
a steadfast protector of the law.