CLEARWATER (FBW)—For the first time since he assumed the bench after an uncontested election 11 years ago, Pinellas-Pasco Circuit Judge George Greer, 62, a long-time member of Calvary Baptist Church in Clearwater, will face a challenger.

His opponent? Jan Govan, 48, a relatively new member of the same church who has practiced law in Pinellas County for the past 20 years.

Both men told Florida Baptist Witness they were baptized into membership at Calvary as adults. Greer was baptized more than three decades ago, after attending church with his first wife, a Southern Baptist, and his children. Govan was immersed several months ago, when he, his wife and his children, after attending church at Calvary for about five years, together made professions of faith and were all baptized in the same service.

But despite the fact that both men are on the rolls of the over 5,000–member church, Govan told the Witness he didn’t realize until after he filed to run for seat in the sixth circuit court that Greer was a member of the church.

“I was not aware at the time that the judge was a member of Calvary, Clearwater. That was not a decision in my family’s baptism. I was not even aware of it,” Govan said.

Greer, who said he is active member of the church, but does not attend services regularly, or serve in any ministry capacity, said he knew Govan had joined the church this year.

Greer is the judge who received world-wide attention for his rulings in the case of Terri Schiavo, a disabled Clearwater woman whose feeding tube he ordered removed late last year. Feeding and nutrition resumed after Florida lawmakers and Gov. Jeb Bush intervened. Michael Schiavo, Terri’s husband and legal guardian, has since challenged the Governor’s actions and the case was fast-tracked to the Florida State Supreme Court where oral arguments are scheduled to be heard August 31. [For more information on the Terri Schiavo case, please go to Special Reports, “Terri Schiavo: A Life at Stake,” online at www.FloridaBaptistWitness.com.]

Govan has received some attention from Schiavo supporters, though he refused to comment on the case or his opponent, except to note that Greer has never been opposed for reelection.

“No one has ever voted for my opponent as judge,” said Govan who also pointed out that in the Sixth Circuit Court there is no term limit for judges, whose terms of service are six years.

In a May 11 LifeNews.com article announcing his candidacy, Govan admitted, however, that he believed Greer’s judicial decisions regarding the Terri Schiavo’s case had caused an imbalance in the legal system, creating a “stalemate.”

“This is the least healthy situation I have ever seen in regard to our government,” Govan said in the LifeNews.com report.

In an interview with the Witness, Govan said the election brings about the possibility for “people’s voices to be heard” at a time when the court system is “in a crisis of credibility.”

Govan said he believes voters should examine what candidates running for office “have done with their authority and determine if that authority is something you can find that will be respectable to you.”

In keeping with his campaign slogan, “Vote as if your life depended upon it,” Govan said, “no person shall be deprived of life, liberty, or the pursuit of happiness.”

Drawing a parallel between faith and his campaign, Govan said “the basis of all faith is the respect of life and the basis of that respect is formed in our constitutions-federal and state-so as faith is the basis and the kernel and the seed of government—it must be tended to bear true fruit.”

Declining to mention the Schiavo case in particular, Govan said he cannot speak about the moral issues involved in it or any other moral issues or take a position, because of ethics laws binding seated judges or judicial candidates from airing their views.

Citing the oath he took as a member of the Florida Bar Association, he said, however, “I will never reject from any consideration personal to myself, the cause of the defenseless or oppressed.”

Greer’s critics have said he has incorrectly allowed Schiavo to remain as his wife’s guardian despite the man’s failure to file guardianship-related reports and papers in a timely fashion. Additionally, last year the judge was asked to reconsider his ruling allowing Terri’s feeding tube to be removed until the guardianship issue was investigated.

Witness executive editor James A. Smith Sr. also editorialized on Terri Schiavo’s case in the Sept. 4 and Sept. 25, 2003, issues.

In the Sept. 4 editorial, Smith said Terri Schiavo’s parents, Bob and Mary Schindler, along with others, had questioned Schiavo’s decision to continue to be her guardian in light of the fact he had a relationship with another woman with whom he had a child.

In the editorial, Smith quoted Wesley Smith, an attorney who specializes in bioethics, who had told WorldNetDaily, an online news service, that he didn’t understand Schiavo’s determination to continue to be Terri’s guardian when it appeared he had gone on with his life.

The Witness editor also reported that Gov. Jeb Bush, after receiving 27,000 e-mails requesting he intervene, sent a letter to Greer asking him to appoint a new guardian to review the case before the feeding tube was removed.

Noting that Bush “a strong advocate for the sanctity of human life as governor, also requested that Greer direct that Terri continue to receive needed medical treatment before the Sept. 11 hearing,” in his editorial, Smith included the governor’s request that Greer “‘...err on the side of conservative judgment to ensure that all facts can be uncovered and considered before her life is terminated.’”

With both the Sept. 4 editorial and the Sept. 25 editorial, Smith included contact information in the Witness so that Florida Baptists could express their opinions on the case.

In an August 12 interview with the Witness, Greer said that as a judge he is barred from commenting on anything “that has the word ‘Schiavo’ in it,” and so therefore cannot “defend himself” on anything that has been said about his decision making, although that didn’t prevent him from strongly criticizing Smith, without naming him.

Agreeing to an interview only after learning it was not an “editorial,” Greer said he took offense that a Baptist newspaper would editorialize on the Schiavo case.

“I was very much disappointed. No one had talked to me—[I] couldn’t talk anyway—but no one had asked me. I had no idea of what the gentleman had been told,” Greer said. “This case is forty volumes thick, right now. I guarantee he didn’t read it. I was very disappointed that someone in that position would attack another Southern Baptist.”

Smith’s editorials, which dealt primarily with issues related to ethical consideration with euthanasia and end of life issues, were among hundreds of articles, editorials and internet e-mails written by pro-life advocates in support of Terri Schiavo.

Greer said he disagreed with the editorials which he called “unchristian.”

“There’s a difference between me saying, I think you’re in error and I wish you’d reconsider your position, as opposed to, you’re wrong, you’re dead wrong, you’re stupid. And that’s how those editorials came across,” Greer said. “And I disagree with myself sometimes, he said.”

Describing a court case with which he disagreed with his own ruling, Greer said he “looked at a lawyer right in his eye” and told him he agreed with his position, but ruled against him anyway.

“My job is to follow the law, not to agree with the law, but to follow it,” said Greer, who said his conscience is not bothered even when he disagrees with the law. “That’s how our system operates. At my level, I just do what the law tells me to do. That’s what I’m supposed to do. That’s my oath.”

Anything short of that, Greer said, would be judicial activism. “If I was to do otherwise, I’d be one of those activist judges that the conservatives think are so bad. That’s the definition of an activist judge, is they do what they think it ought to be, irrespective of the law.”

And it isn’t up to him to effect a change, Greer said, but it should be left to the appellate court or to the legislature.

“It’s not my job. It’s not up to the trial judges,” he said. “Anything can be appealed.”

Responding to a question raised by critics that Greer may commonly rubber-stamp certain decisions regarding guardianship cases, the judge said there are 5,000 guardianship cases assigned to his division.

“My guess is you can find anything in those 5,000 cases to support anything you want to make as a common occurrence,” said Greer. “And there’s no way I can get in and micromanage those guardianships. I usually respond when the clerk or one of the litigants brings an issue forward.”

Greer’s supporters say the New York City native has a laudable career, and since taking office has served in the juvenile, probate and guardianship, criminal law and family law divisions of the court. May 15 Greer was awarded the Clearwater Bar Association’s highest honor for a judge, the John U. Bird award.

According to a news story in the St. Petersburg Times, Greer became the first judge to win the award twice since it was established in 1986. Greer was honored with the same award three years ago.

According to the news story, Judge Greer has received criticism, insults and death threats for his rulings in the Terri Schiavo case. Wally Pope, the lawyer who presented the award, said Greer has “steadfastly demonstrated” what the award was designed to honor: “high ideals, personal character, judicial competence and service” by the awards.

Both the St. Petersburg Times and the Tampa Tribune have endorsed Judge Greer, a graduate of Florida State University and University of Florida, for reelection.

The Times, in an Aug. 2 staff editorial, “strongly” recommended Greer, citing his reputation as “one of the best local judges on the bench,” and noting his awards by the Clearwater Bar.

Govan, in the same editorial, is said to be “motivated by a personal vendetta and in response to the way Greer ruled in the Terri Schiavo case.”

In an Aug. 8 staff editorial in the Tampa Tribune, the staff “enthusicatically” recommended Greer for another six-year term and notes he has served a distinguished career since 1966, serving eight years as a Pinellas County commissioner before his uncontested move to the bench.

The Tribune writes that Govan, who has a “diverse” law practice, is “seeing to capitalize on the case of Terri Schiavo.” Govan is a graduate of University of Florida, University of South Florida and Stetson University College of Law.

The Tribune also questioned Govan’s motivation and said that in the Schiavo case “Greer followed the law and ruled fairly given the evidence presented him.”

A recent story comparing the campaign chests amassed by both candidates show Greer is clearly a favorite of lawyers-at least at a rate of 341-1.

The Tampa Bay Times online reported August 13 that Greer has raised a record $144,000 in his re-election bid.

By contrast, fundraising reports show Govan has collected only $15,486 of which $10,000 is his own money.

Govan, in his interview with the Witness, said he’s not worried about a lack of money, but he is concerned there is too fine an ethical line between actually soliciting lawyers for money—something he said judges are not allowed to do—and accepting donations from lawyers who are then placed on a list of contributors the judge can review.

Optimistic about the election, Govan said he would prefer not to accept donations from lawyers who might at a later time appear in court before him.

“When elected, I will not have obligations,” Govan said. “I am not interested in conflicts of interest with lawyers.”

Neither candidate appears to be interested in conflict with each other either.

Greer, who says he was married to his current wife by Calvary’s now retired long-time pastor, Bill Anderson, acknowledged the “political environment” caused by an election year.

“The constitution says that’s how we get reelected as circuit judge and so that’s simply the way it is,” Greer said.

Govan says the possibility of running into Greer at church does not make him uncomfortable.

“I don’t doubt his faith,” Govan said. “I want to let him explain his faith. I do not in any way want to disparage Judge Greer’s faith.”

Calling worship a cause for “expressing joy,” Govan said church is a place where people go to talk about God’s grace. “We are here for worship and that’s what we want to do.”