Out of nowhere, and more than a year after getting it, Miami-Dade Circuit Court Judge Joseph Perkins last week recused himself from the defamation lawsuit brought by Coral Gables Mayor Vince Lago against Actualidad Radio for a 2023 broadcast about an ethics investigation into his signing of an intentionally misleading affidavit, dramatically signed at a public commission meeting, denying his brothers documented business ties with the largest property owner in Little Gables.
Perkins didn’t give a reason for his sudden self recusal on May 19 in what looks like a form letter. “The undersigned Circuit Court Judge hereby recuses himself/herself from further consideration of this case,” it says. “This case shall be reassigned to another section of the Circuit Civil Division in accordance with established procedures.”
No reason. No details. Not even any certainty about how Perkins identifies. This is nearly 18 months after Perkins first got the case, which was filed in December of 2023.
There have already been depositions taken and rulings made. There have been case management hearings, motions on discovery. There are 132 dockets on file with the Miami-Dade Clerk’s office (enter “Lago, Vince,” and check the “I am not a robot” box).
This is weird.
Perkins was elected to the 11th Circuit Court in 2020. He mostly self funded his campaign with at least $100,000 in “loans” and another $93,000 or more in “in-kind” contributions, according to his campaign report filed with the Florida Division of Elections. He’s up for re-election next year and filed on April 25, almost a month before he recused himself from this Lago case.
Many political observers wonder if someone threatened to run a candidate against Perkins. A Hispanic candidate. This is not so shocking to anybody who knows anything about the history of judicial races in Miami-Dade. Las malas lenguas say old school political consultant Armando Gutierrez would threaten to run a candidate against you if you didn’t hire him to run your campaign.
This is the same thing: A threat against justice. In this case, it wouldn’t be about using political influence to affect an election. It would be about using political influence to affect a particular civil case.
Read related: Judge dismisses Coral Gables Mayor Vince Lago’s defamation lawsuit
Perkins wasn’t necessarily a friendly judge to Lago. He already dismissed the case last August, finding that Lago’s claims were “legally insufficient.” Duh. A public figure cannot bring a defamation case against a journalist or radio station for discussion a very real and pertinent investigation about a statement made at a public meeting, no matter what the mayor wants to call it. The ruling was a response to Actualidad’s motion to dismiss the lawsuit based on the anti-SLAPP provision, which “prohibits lawsuits brought against individuals for exercising their right of free speech in connection with a public issue,” according to the Reporters Committee for Freedom of the Press.
Lago’s attorneys baselessly claim that Actualidad’s 4-minute broadcast in February of 2023 was orchestrated by Coral Gables Commissioner Ariel Fernandez and former morning show host Roberto Rodriguez-Tejera to damage his reputation. Tellingly, neither of the two are named in the lawsuit. Because it’s simply an attempt to silence his critics, which include the presidents of the firefighters unions, the publisher of the Miami Herald and Ladra herself, all of whom have been subpoenaed to tell his attorneys who told us about the investigation.
Good luck with that.
There is no case because Lago is a public figure who answers to a constituency and, more importantly, there was, indeed, an investigation, or inquiry, or review into whether or not he knowingly misled the public when he dramatically signed an affidavit at a public meeting swearing that none of his immediate family had any personal or financial interests in Little Gables, which was being considered for annexation, by intentionally leaving “siblings” out of the definition of family. His brother, attorney Carlos Lago, was registered as a lobbyist at the time for the owner of the largest property in Little Gables, which is the trailer park.
The Miami-Dade Commission on Ethics and Public Trust did get a complaint and did conduct an investigation, which they call a “matter under initial review,” but is handled the same way, according to the testimony of investigator Karl Ross, whose deposition was taken in March. The investigation basically ended after they found that Lago may have thought that he used the current definition, because it was changed at some point.
Read related: Coral Gables Mayor Vince Lago may have conflict of interest in Little Gables
Whatever. If he used the definition of the time, then he took advantage of it because he never had to sign an affidavit in the first place. It was like he was protesting too much.
But when Perkins dismissed the case in August, he left room for Lago’s attorneys to amend the complaint, which they did. And so the lawsuit rages on. But the judge’s sudden exit may lead to some questions of concern. And maybe some opportunity for the Actualidad Radio attorneys.
The new judge who has been assigned the case is Circuit Court Judge Javier Enriquez, who once ran for State Rep. against Jose Javier Rodriguez, and lost, just like Alex Diaz de la Portilla did. He was appointed in 2023 by Gov. Ron DeSantis and sits on the family court bench in the domestic violence division. One can’t help but wonder if he’s been politically influenced.
At the very least, it’s going to take him some time to get up to speed on the case. As stated, there have been a lot of filings already. But there are subpoenas being served all the time now and the next deposition is scheduled for July. So Enriquez better bone up.
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