Robin Ficker

Robin Ficker (born April 5, 1943) is an American attorney, real estate broker, former state legislator, political activist, and sports heckler. Ficker ran for Montgomery County Executive in the 2018 election.

Robin Ficker
Member of the Maryland House of Delegates
from the 15B district
In office
1979–1983
Serving with Judith C. Toth (D)[1]
Personal details
Born (1943-04-05) April 5, 1943
Takoma Park, Maryland
Political partyRepublican
Children3, including Desiree Ficker
Alma materCase Western Reserve University (BS)
University of Baltimore (JD)
American University (MA)
ProfessionAttorney

Early life and education

Ficker was born in Takoma Park, Maryland, attended Takoma Park Elementary, and graduated from Montgomery Blair High School.[2][3]

Ficker attended the United States Military Academy for five semesters.[4] He received a B.S. in electrical and mechanical engineering from Case Western Reserve University.[4] Ficker attended the University of Pennsylvania Law School, receiving his JD from the University of Baltimore School of Law.[5] Ficker also received an M.A. in public administration from American University in 1969.[4]

Career

Ficker has been a member of the Maryland Bar since 1973.[6] His first case went to the Supreme Court of the United States seeking to end the National Football League's blackout of sold out home football games.[7] In 1973 Ficker, representing Deborah Drudge, gained a consent judgment signed by Federal District Court Judge Roszel C. Thomsen, forbidding evaluations based on facial features and physique, for positions in the office of the Montgomery County Attorney. The judgment said no future applicant could be asked any questions regarding marital status or child care arrangements. On January 6, 1986, U. S. District Court Judge Norman Ramsey, ordered, in a suit brought by Robin Ficker against the Montgomery County Board of Elections, that Md. Election Code Art. 33, S 23-5(4) limiting the payment of money to petition circulators for initiative measures be declared null and void under the First and Fourteenth Amendments.

Ficker won two landmark injunctions preventing the state of Maryland from denying access to serious traffic and criminal court records. In 1992 U.S. District Court Judge Nickerson granted Ficker an injunction against provisions of the Maryland Public Information Act that denied access to police reports, criminal charging documents, and traffic citations in the Maryland Automated Traffic System. A 2003 Attorneys General opinion said the 1992 "Ficker order is still in effect and enforceable." In 1997, in the United States Court of Appeals for the Fourth Circuit, Ficker successfully challenged the constitutionality of a Maryland law forbidding lawyers from targeted direct-mail solicitation of criminal and traffic defendants within thirty days of arrest.[8]

In October 2009, represented by the American Civil Liberties Union, Ficker convinced parks officials in Montgomery and Prince George's Counties to rescind enforcement of a rule requiring a permit before a person could carry signs or solicit signatures in county parks.[9] In 2013, Ficker represented a Hyattsville, MD man who was found not guilty by a jury of all 23 counts in a case of attempted murder, armed robbery, carjacking, assault and eluding police among other charges.[10]

2013 school discipline cases

In 2013, Ficker received widespread attention for securing school suspension reversals and disciplinary record expungement for children, ages 5- to 7-years old. A 6-year-old in Maryland had been charged with threatening "to shoot a student" for pointing his finger and saying "pow".[11] A Pennsylvania 5-year-old was said to be making a "terroristic threat" by talking about a Hello Kitty bubble-blowing gun.[12] A Virginia 6-year-old had been suspended for pointing his finger at another student who pretended to shoot him with a bow and arrow after their class had studied Native American culture.[13][14] A 5-year-old Southern Maryland child had been suspended for 10 days for bringing a cap gun on to a school bus to show a friend.[15] Still pending in Maryland is the matter of a suspended seven-year-old who chewed a toaster pastry into the shape of a gun.[16]

Representation of Daron Dylon Wint
Main article: 2015 Washington, D.C., quadruple murder incident

When ex-convict Daron Dylon Wint was arrested and charged in the deaths of three family members and their housekeeper, in which a ten-year-old child was tortured in order to extract money from the child's father, Ficker said Wint didn't seem violent when he defended him in earlier cases. "My impression of him — I remember him rather well — is that he wouldn't hurt a fly. He's a very nice person", Ficker said.[17]

Ficker characterized Wint as "kind and gentle", and added that authorities have arrested "the wrong guy" in the murder case, claiming, "They've made a big mistake here."[18]

Wint was found guilty in 2018 and sentenced in 2019 to four consecutive terms of life in prison without the possibility of parole.[19]

Controversies and disciplinary issues

In 1990, Ficker was publicly reprimanded by the Maryland Court of Appeals upon a finding that he had violated ethical rules prohibiting neglect, engaged in conduct prejudicial to the administration of justice, and lack of diligence.[20]

In March, 1998, he was indefinitely suspended from the practice of law, with the right to reapply for admission after 120 days, arising from violations related to competence, diligence, fairness to opposing counsel and parties, supervising lawyers and conduct prejudicial to the administration of justice.[21]

In August, 1998, he was privately reprimanded by the Maryland Attorney Grievance Commission for a violation related to competence. In January, 2002, he was privately reprimanded by the Maryland Attorney Grievance Commission for a violation related to client communications. Ficker was again indefinitely suspended from the practice of law in 2007. A dissenting judge in that suspension commented, "If disbarment is not warranted in this case for these types of issues, with a respondent with this history, it will never be warranted."[22] Ficker's law license was reinstated on December 8, 2008.[23][24]

In 2017 he was again reprimanded by the Maryland Court of Appeals for showing up late to Howard County District Court for a scheduled hearing in December 2015. The Court of Appeals order also stated he violated the Maryland Rules of Professional Conduct in 2013 by hiring a disbarred lawyer in a non-lawyer capacity without alerting bar counsel.[25]

Politics

Ficker has run for various state and local offices since the 1970s. In 1972, he ran for the Democratic nomination for the U.S. House of Representatives in Maryland's 8th congressional district, blanketing Montgomery County with "Our Friend Ficker" campaign signs on utility poles, trees and traffic lights, which resulted in county officials seeking an injunction to stop the placement of these signs on public property.[26][27][28] He lost the Democratic primary to Joseph G. Anastasi.[29]

In 1978, Ficker was elected to the Maryland House of Delegates as a Republican, representing Montgomery County from 1979 to 1983.[30] He lost a 1980 congressional primary to incumbent Republican Congressman Newton Steers.[30] Ficker lost his bid for re-election in 1982.[31]

He ran for United States Senate in 2000, claiming to have shaken hands with more than 560,000 people before officially announcing his candidacy.[5][32] Ficker unsuccessfully ran for Montgomery County Executive in 2006 receiving just under 10% of the vote.[33]

In 2009, Ficker moved from his primary residence in Boyds to his childhood home in Colesville to run for County Council in District 4 where he won a three-way Republican primary with 58% of the vote.[34] He lost to Democrat Nancy Navarro 61% to 35%.[35] Moving back to Boyds in 2010, Ficker ran as a Republican for Montgomery County Council District 2.[4] Ficker lost to State Delegate Craig L. Rice (D-Dist. 15), of Germantown 59% to 40%.[36]

Ficker was a candidate in the 2012 Republican primary for the newly redistricted Maryland's 6th congressional district seat held by 10-term incumbent Roscoe Bartlett,[37] finishing fifth in an eight-candidate field.[38]

Ficker ran unopposed for the 2014 Republican nomination for the District 15 State Senate seat in western Montgomery County.[39] Running with his son Flynn Ficker on a candidate slate for the Maryland Senate and House, the Fickers in May reported visiting 20,000 homes.[40] Ficker lost the District 15 State Senate election to Democrat Brian J. Feldman, who won 60.4% of the vote to Ficker's 39.5%, [41] while his son lost his contest for the House election.[42]

In 2016, Ficker was again a candidate in a Republican primary, but this time for Maryland's 6th congressional district. He finished fourth in an eight-candidate field.[43][44]

Ficker won the 2018 Republican nomination for Montgomery County Executive unopposed.[3][45] He was initially turned down for public matching funds. His campaign filed a lawsuit and was later notified it qualified for the public funding shortly after the primary.[46] Ficker faced Democrat Marc Elrich and Democrat-turned-Independent Nancy Floreen in the general election on November 6, 2018. Ficker finished third with 16.5% of the votes, behind Floreen with 19.2% and the winner, Elrich, with 64.3%.[47]

In April 2020, Ficker was present at a rally in Annapolis which protested Governor Larry Hogan's stay-at-home orders.[48] Ficker was photographed holding a sign reading "Robin for Governor",[49] apparently confirming reports that he plans to run for governor in the 2022 Maryland gubernatorial election.[50][51]

Ballot initiatives

Since 1974, Ficker has become known for promoting a series of ballot initiatives. The issues range from term limits, curbing tax increases, to limiting budget waste and duplication.[52] He collected as many as 15,000 signatures for each of 20 initiatives, that together received 2 million votes.[53][54]

A county initiative he proposed for the November 2008 ballot received 194,151 votes, prevailing by 5,060 votes.[55] The measure requires the nine-member Montgomery County Council to vote unanimously to raise property tax revenue above the local limit.[56] The victory earned him the Libertarian Party's Free Market Hero of the week award.[57]

In the fall of 2015, Ficker began campaigning for a ballot measure in the 2016 general election to place term limits on the Montgomery County Executive and Montgomery County Council members.[58][59] In 2016, Ficker's term limit initiative passed with 69% of the vote, limiting County Councilmembers to three consecutive terms in office.[60]

Sports heckler

Ficker is known for his passionate support of the NBA's Washington Bullets (now the Washington Wizards). For many years, he heckled the opposing team at the games. Ficker had seats at USAir Arena, located in Landover, Maryland, immediately behind the visiting bench. When the team moved to downtown in Washington D.C. to the MCI Center, the Wizards took the opportunity to reseat Ficker well away from the opposing team’s bench. He gave up his seats in response.[61] Not having been to a Wizard’s game since in April 1998,[62] Ficker attended Game 4 of the Wizards-Pacers Eastern Conference Semifinals on May 11, 2014.[63]

Though many players from opposing teams were not fans of Ficker,[64] Phoenix Suns star Charles Barkley in particular thought so much of him and his ability to get under player’s skin that he flew him out to Phoenix during the 1993 NBA Finals. Barkley bought Ficker a ticket directly behind the bench of the visiting Chicago Bulls with the intent that Ficker's taunts would distract the Bulls players. Ficker did not last the first quarter before being removed by America West Arena security.[65]

In 2012 Ficker appeared on The Jeff Probst Show in which he was playfully surprised by special guest Isiah Thomas, former professional basketball player, and Basketball Hall of Fame athlete. Probst shares that Thomas, in agreeing to appear on the show said, "Ficker was one of the greats".[66] In 2013 Ficker was featured on ESPN's Olbermann in which his heckling was discussed along with the often acrimonious fan vs. player interactions that would result.[67]

The University of Maryland wrestling team won Ficker's support in 2010[68] with his letter to The Washington Post criticizing the lack of coverage for the Terrapin team[69] and his attendance at the Atlantic Coast Conference Tournament in Raleigh, North Carolina as well as the NCAA Division I Wrestling Championship in Omaha, Nebraska.[70] His vocal [71] and visible support remains ongoing as of 2015.[72]

Personal life

Family

Ficker has a daughter and two sons. Ficker's daughter, Desiree Ficker, is a top female professional triathlete, finishing second at the 2006 Ironman Triathlon World Championships in Kailua-Kona, Hawaii.[73] Ficker's 20-year marriage to the late Dr. Frances Annette Ficker ended in divorce.[74]

1995 traffic incident

In 1996, Ficker was acquitted of destruction of property in a 1995 traffic incident and saw battery charges dropped by the State's Attorney after a jury deadlocked 10-2 in favor of acquittal. Ficker had been convicted in a non-jury District Court trial but appealed for a Circuit Court jury trial.[75][76] In the traffic incident the driver of the car Ficker allegedly hit reported that he struck her in the face, breaking her glasses.[77]

gollark: No, they can reply but their messages are run through GTech™ antimemeticization cubes.
gollark: Planed.
gollark: As planed.
gollark: As planned.
gollark: ddg! fe0eb9912139efacbb659441152185fd

See also
  • Maryland County Executive Election, 2006 (Montgomery County)
  • Maryland County Executive Election, 2018 (Montgomery County)

References
  1. "House of Delegates, Legislative District 15". msa.maryland.gov. Maryland State Archives. April 30, 1999. Retrieved August 3, 2020.
  2. "2009 Voters Guide: Robin Ficker". The Gazette. 2009.
  3. Chavez, Jack (August 13, 2017). "Robin Ficker runs red in a county painted blue". Takoma Voice.
  4. Singer-Bart, Susan (August 11, 2010). "Perennial candidate Ficker seeks District 2 County Council seat for Republicans". The Gazette. 9030 Comprint Court, Gaithersburg, MD 20877: Post-Newsweek Media, Inc./Gazette.Net.CS1 maint: location (link)
  5. Ruane, Michael E. (March 1, 2000). "Republican Primaries: U.S. Senate". The Washington Post.
  6. Davis, Janel (December 24, 2008). "Ficker law license reinstated". The Gazette. 9030 Comprint Court, Gaithersburg, MD 20877: Post-Newsweek Media, Inc./Gazette.Net.CS1 maint: location (link)
  7. Daly, Dan (October 12, 1990). "Ficker Might Deserve Spot On List Of Football Heroes". The Washington Times. p. D7.
  8. "Ficker v. Curran". FindLaw. July 23, 1997.
  9. Laris, Michael (October 13, 2009). "It Was No Walk in the Park for Campaigners". The Washington Post. p. B2.
  10. "Hyattsville man found not guilty of attempted murder, carjacking charges". The Gazette. April 18, 2013. Retrieved September 9, 2017.
  11. St. George, Donna (January 4, 2013). "School officials reverse suspension of 6-year-old Silver Spring student". The Washington Post. Retrieved June 30, 2013.
  12. "Bubble gun incident resolved; girl, 5, back in school Thursday". The Patriot News. January 30, 2013. Retrieved June 30, 2013.
  13. St. George, Donna (February 17, 2013). "Finger guns, toy guns and threats: The fallout of Sandy Hook". The Washington Post. Retrieved June 30, 2013.
  14. St. George, Donna (February 18, 2013). "Record cleared for Prince William boy who pointed finger like a gun". The Washington Post. Retrieved June 30, 2013.
  15. St. George, Donna (June 27, 2013). "Calvert boy with toy cap gun won't have record; suspension reversed". The Washington Post. Retrieved June 30, 2013.
  16. St. George, Donna (June 10, 2013). "Pastry gun case: Request to clear school record turned down". The Washington Post. Retrieved June 30, 2013.
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  19. "Daron Wint sentenced to 4 consecutive life-without-release terms in Mansion Murders case". FOX 5 DC. February 1, 2019. Retrieved April 18, 2020.
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  25. Roy, Anamika (July 17, 2017). "Court of Appeals chides Robin Ficker – again". The Daily Record.
  26. LaBarbara Bowman (January 6, 1972). "County Sues to Halt Posting Of House Candidate's Signs". The Washington Post. p. D1. Retrieved March 26, 2012.
  27. Edward Walsh (May 6, 1972). "Newcomer, Pro Battle to Take on Gude". The Washington Post. Retrieved March 26, 2012.
  28. "Congressional Contest in 8th". May 14, 1972. p. G3. Retrieved March 26, 2012.
  29. Watson, Douglas (May 17, 1972). "Incumbent Maryland Congressmen Win Primary". The Washington Post. p. A12.
  30. Feinstein, John (March 7, 1982). "Robin Ficker: Attention Getter". The Washington Post.
  31. Richburg, Keith B. (November 4, 1982). "Ficker Is Defeated But His Amendment On C&P Lives On". The Washington Post.
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  40. Alexander, Kate (October 18, 2013). "Fickers form candidate slate in District 15". The Gazette. Archived from the original on May 4, 2014. Retrieved May 3, 2014.
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  59. Palacios, Nadia (April 15, 2016). "Ficker pushes term limits referendum". Montgomery County Sentinel. Retrieved May 30, 2016.
  60. Austermuhle, Martin (November 9, 2016). "Montgomery County Voters Adopt Term Limits, Promising Big Turnover In 2018". WAMU.
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  62. Ficker, Robin (November 22, 2004). "The Heckler's Code". The New York Times.
  63. Steinberg, Dan (May 12, 2014). "Robin Ficker heckles Roy Hibbert into a big game against the Wizards". The Washington Post. Retrieved May 13, 2014.
  64. Voisin, Ailene (December 10, 2004). "Heckling is an art, and this guy rules". The Sacramento Bee. p. C1.
  65. "ESPN.com – Page2 – Taunting dos and don'ts". Espn.go.com. November 21, 2003. Retrieved February 11, 2014.
  66. "Would You Say That To My Face?" The Jeff Probst Show. Season 1. Episode 59. November 30, 2012.
  67. "The NBA Is Giving Red Cards To Fans?!?" – via YouTube.
  68. "Robin Ficker resurfaces at Maryland wrestling". The Washington Post. Retrieved February 11, 2014.
  69. "Coverage faulted in bowling, women's basketball and wrestling". The Washington Post. January 30, 2010.
  70. "Wrestling: Q&A with Robin Ficker". Omaha.com. Retrieved February 11, 2014.
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  72. marknakasone85 (January 27, 2013). "Super fan Robin Ficker @ University of Maryland vs. UNC wrestling" – via YouTube.
  73. "Desirée Ficker". January 29, 2010. Archived from the original on September 28, 2007.
  74. "Obituaries". The Washington Post. August 11, 2009. Retrieved May 22, 2010.
  75. Mooar, Brian (July 16, 1996). "Battery charge against tax activist to be dropped". The Washington Post. Retrieved July 4, 2019.
  76. "Altercation puts driver in hospital". The Washington Times. June 5, 2001. Retrieved June 14, 2013.
  77. Lt. James Perez (October 25, 2011). "Beware of Violent Aggressive Drivers!". Crime Watch (blog). Fairfield, Connecticut: Hearst Communications Inc. Archived from the original on August 11, 2016. Retrieved June 11, 2013.
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