“And doing quite well.”
“Yes. The problem is that Old Dunes is secretly owned by the Tidal Breeze Corporation of Miami.”
Her reaction was one of genuine shock. She sighed and exhaled and seemed poised to say something in response, but nothing came out. Her instinct told her to believe it, because Steven Mahon would never say such a thing without concrete proof. He placed a file on her desk and said, “Here’s the paper trail. It sails around the Caribbean a few times, which is not unusual for Tidal Breeze. The corporation is privately owned and very secretive.”
“My son is doing quite well and I’m proud of him.”
“And you should be. There is nothing in that file that is in any way critical of your son. I assume he doesn’t know the identity of the owner.”
“I seriously doubt he does. We’ve never discussed it. I had no idea.”
“Of course you didn’t. Tidal Breeze went to great lengths to hide behind a few of its offshore shell companies, a game it has played before.”
She removed her reading glasses and massaged her temples. Steven let her suffer. She said, “It was the bar lunch, wasn’t it? Last month. I said too much after the bar lunch.”
“Not at all, Your Honor.” Of course it was the bar lunch. Of course she said too much and caused them to panic and conspire to find a way to get her off the case. It was a needless, careless moment for a respected judge to comment on an important pending matter. What had she gained by tipping her hand? Nothing. Unless she secretly wanted to help Tidal Breeze, which Steven did not believe for a moment. She had no idea the company had maneuvered itself into the ownership of Old Dunes.
“Well, I said too much and I’ve regretted it ever since. Not like me at all, you know?”
“I know.”
She regained her composure and said, “I have an open mind, Steven, and am prepared to hear the case.”
Your mind is definitely not open. “Well, Judge, we think that’s a bad idea. You said what you said and left little doubt where you stand. It’s best if you step aside.”
“Are you suggesting I recuse myself?”
“Exactly. You do not believe the testimony of our client and star witness. Ma’am, you’ve already made up your mind.”
“I have not.”
“I won’t argue with you, Your Honor. If you refuse to step aside by your own motion, then we’ll file a proper one in court. The best way out for you is to quietly recuse yourself now. In doing so, you will not be required to give a reason. File a one-page order and ask the Supreme Court to appoint a special master for this case.”
“And if I don’t?”
“Then you’ll run the risk of being embarrassed. We’ll file the recusal motion claiming that you have a substantial conflict of interest, though we won’t specify what it is, not initially. The news will make the front page. If you deny the motion, then we’ll file an expedited appeal. And, Your Honor, with all due respect, we’ll file a complaint with the Board on Judicial Conduct. Potentially also front-page news.”
Her cheeks flashed red with anger and she almost fired back. Instead she took a deep breath, and she said, “This is pretty aggressive hardball, Steven. I’m surprised.”
“And I was surprised too when I realized you had already decided the case.”
“I was wrong. And you’re wrong to try to force me off the case.”
“I’m protecting my client, that’s all. And I learned hardball suing Exxon and DuPont. Quit now, Your Honor, before this story becomes something much larger. You can handle the damage now, but maybe not tomorrow. You’re up for reelection next year.”
“Don’t you dare bring politics into this, Steven. I don’t count votes before I decide a case.”
“Of course not. But the voters may take a dim view of a judge with a substantial conflict of interest. And an ethics complaint. Panther Cay is unpopular around here. You enjoy a sterling reputation. Why risk it?”
She removed her reading glasses and wiped her tired eyes with a tissue. She gave up, and asked, “Was Tidal Breeze the original developer of Old Dunes?”
“No. The company wormed its way in back in September. It was a trap, Your Honor. An elaborate scheme to use your son to put pressure on you. Panther Cay will be worth a lot more to Tidal Breeze than Old Dunes. Why not have both of them?”
“My son has done nothing wrong.”
“I have not said nor have I implied that he has.”
“I want him protected.”