To: Carolyn who wrote (31 ) 12/7/2000 11:00:06 PM From: Venditâ„¢ Respond to of 318 Gore Attorneys Subject of Complaint to Florida Bar Thursday, 7 December 2000 17:27 (ET) Gore Attorneys Subject of Complaint to Florida Bar By PETER ROFF, UPI National Political Analyst WASHINGTON, Dec. 7 (UPI) - The National Legal and Policy Center, a conservative public interest group, has filed a complaint with the Florida Bar requesting that David Boies and Mitchell W. Berger, attorneys for Vice President Al Gore, be investigated for professional misconduct. The complaint alleges the two attorneys employed a misleading and allegedly false affidavit in Florida courts. The affidavit was part of the legal argument that a hand recount of presidential ballots that incorporated "dimpled chads" was an appropriate option for the courts to consider as they tried to resolve the disputed presidential election. "As part of their argument in favor of a liberal standard for judging contested ballots in Palm Beach and Broward counties, (Gore attorneys) Boies and Berger made use of an affidavit by Illinois attorney Michael Lavelle that claimed dimpled ballots had been counted in a contested 1990 election," NLPC Chairman Ken Boehm said. The affidavit in question "addressed one of the most important issues in one of the most important cases of out time. Boies had a duty to correct the record, once it was brought to his attention that the affidavit was in error and he failed to do so," Boehm told United Press International. Putting forward the Gore case in Florida, the attorneys referred to the decision of the Illinois court in the matter of Pullen v. Mulligan as a sweeping directive to count indented ballots, also called "dimpled chads," in the hand recounts. In reality, the judge's order in the case excluded dimpled chads from the recount. The November 30 Washington Times reported Cavelle "retracted a sworn affidavit that the Gore campaign solicited and then used to persuade two election boards to count slightly indented punch-card ballots as votes. ... Lavelle faxed a corrected affidavit Nov. 23, but Democratic attorneys never forwarded the document to either the Broward or Palm Beach County election boards." A telephone call to Boies' office seeking comment was not returned Thursday afternoon. The complaint can be reviewed on the group's website at www.nlpc.org and includes copies of the November 22 affidavit by Lavelle as well as copies of the news reports upon which the complaint is based. vny.com