Political breakup: David Custin, JC Planas partners no more

Political breakup: David Custin, JC Planas partners no more
  • Sumo

It seems that campaign consultant David Custin can’t keep a long-term relationship with anybody.

JC Planas, left, and David Custin, right, were BFFs a couple of months ago. Now, they apparently cannot stand each other.

Word is that Custin and his attorney pal JC Planas, who share a multitude of political clients and most recently conspired, er, I mean worked together to elect Miami Beach Mayor Philip Levine, are at odds with each other.

Is it about the Beach and how they’re gonna split up their “just deserts?” Is it about Tallahassee? Is it about upcoming 2014 state elections?

My money was on, well, money.

But it looks like it could be a combination of at least some of those things.

As reported first on CNN Latino’s Prohibido Callarse show with Roberto Rodriguez-Tejera Tuesday night, the fight became public when Custin sent an email Dec. 9 that trashes Planas and questions his professionalism. In it, Custin says he has lost trust in Planas, who he says he has been working with since 2012, because of the attorney’s behavior this year.

“His conduct included an improper and abusive attempt to invoke attorney-client privilege in a manner that simply makes it impossible for me to professionally trust him in the future again,” Custin wrote in one of the more interesting parts of the message — yes, fret not, it is printed in its entirety below — which sounds to me and a couple other political observers that Ladra spoke to Tuesday night that Custin was screwed out of some promised deal.

“In addition, there were far too many instances where he attempted to manipulate or steer political decisions in a manner that were more beneficial to his personal/business interests rather than that for a standing candidate already retained or political team/alliance decision,” he added, and there he must be talking about the Miami Beach elections, although the two also worked on elections this year in Miami Springs and Miami Lakes (and Ladra heard he may have urged Levine to lay off of former Commissioner Jorge Exposito, who he has a cordial relationship with from NALEO and who lost to Commissioner Michael Grieco, a Levine slatemate).

The email sounds like it went to Custin’s client list, which also includes electeds and lobbyists and the like and people with PACs he gives money to. And the consultant assures them that he can use Tallahassee lawyers while he searches for another possible Miami-Dade match. But the only two good campaign attorneys in town, other than JC, are former State Rep. Joe Geller, who is running for Congressional office, and Steve Cody, who is semi-retired and writing children’s books.

Besides, I don’t think either of them would put up with Custin.

Planas was all smiles on the day President Bill Clinton showed up to support Phil Levine's mayoral campaign. Wonder if this is what Custin means by his personal/business benefit?

Planas sent a comment to Rodriguez-Tejera in which he said he did not want to discuss the personal fallout with a friend of 20 years in the media and in which he reminds folks that his loyalty is not to Custin, but to the client.

“As an election attorney, I represent candidates and not political consultants,” Planas wrote. “Any attorney that compromises his duties in this regard simply to maintain a relationship with a consultant who may be a source of future business, is doing the client is a disservice.

“I will continue to offer comprehensive legal representation to all of my clients regardless of who their consultant is and my duty of loyalty will always remain with my clients, for whom I will continue to work tirelessly in the most legal and ethical manner.”

But Ladra can say I told you so, JC. Because Custin is a foul-mouthed hothead who slanders everyone and walks a fine ethics line. And you were warned. Others who know the duo are not surprised at the falling out.

And most blame Custin, who apparently can’t work in the same sandbox with anyone for very long. He had a another bitter split with his former partner in crime, Absentee Ballot Queen Sasha Tirador, after the 2011 recall elections. Even though he still has her disclaimer on his emails (Custin won’t return my calls but I was considerate enough to tell him to clean up his sloppy email houskeeping). That is why, the next year, she pit her employee and her own mother against Custin’s clients, State Rep. Eddy Gonzalez and Jose Oliva, respectively.

Those are among the elected clients the two share and who, presumably, got the email. So, the obvious question is: Who’s going to keep the kids?

Here is David Custin’s email in its entirety, followed by Planas’ response:

Dear Client & Friend,

This 2013 election season was a successful one for the DRC Consulting, Inc. teams applied in Miami Springs, Miami Lakes, and Miami Beach.  Much of our success, aside from fantastic clients such as you, is our ability to learn from both our successes and our mistakes to constantly improve.

One glaring error that surfaced this year was the Miami-Dade based Election Lawyer vendor I have vouched for and recommended to clients since the 2010 season.  This year, his unprofessional and improper conduct reached a level and pierced a boundary that makes it impossible for my firm to work on a political campaign with him on board.  I’m referring to J.C. Planas.  This year his conduct included an improper and abusive attempt to invoke attorney-client privilege in a manner that simply makes it impossible for me to professionally trust him in the future again.  In addition, there were far too many instances where he attempted to manipulate or steer political decisions in a manner that were more beneficial to his personal/business interests rather than that for a standing candidate already retained or political team/alliance decision.

Hothead David Custin

My firm is unique to other competitors in that I have always welcomed and encouraged the utilization and inclusion of elections legal counsel.  An elections attorney has always been a component of a political consulting team I’ve built, just as the pollster, research firm, or media consulting firm have been.  Prior to 2010, many credible firms based in Tallahassee were utilized with great success.  My efforts to recruit a Miami-Dade based elections lawyer were with good reasons and intentions.  Although this experience failed over time, I hold out hope for a future recruitment for the 2014 cycle and beyond.  In the meantime, if you do not have a 2014 election scheduled, I ask for your patience in my effort to identify competent, reliable, and disciplined elections legal counsel that will not disrupt the positive flow, dynamic, and chain of command that is required in every successful political consulting team.

If you have a 2014 election scheduled, you have viable options already at your disposal if you are a partisan state officeholder.  If you are a non-partisan officeholder, we will have access to the best legal counsel we’ve always had access to with firms based in Tallahassee, and even some other firms based in Miami-Dade County.

This notice and request does not apply should you wish to utilize Mr. Planas’ services on your own on a fee for service basis on isolated matters or complaints.  However, know that long term legal and political counsel inevitably overlap and mesh together on strategically sensitive matters.  Due to my complete lack of trust and faith in Mr. Planas and his professional conduct, I can’t and will not work with a client while he is a member of the team.  This is something that simply won’t work and this tension is not in a client’s best interest.

If you wish to meet in person and discuss this irreconcilable break in further detail let me know and we’ll schedule the meeting for this month.

Thanks for your trust and confidence in my firm’s ability to serve as you political consultant.

Merry Christmas and happy holidays.

David R. Custin, President
DRC Consulting, Inc.

Planas sent a written statement to Roberto Rodriguez-Tejera. Here it is in its entirety, and not because he demanded it (like Levine did with the Miami Herald recently, which is becoming a nasty habit) but because it’s just a million times better that way.

Roberto:

Ladra predicts that JC Planas, a former state rep, will get the kids.

While I do not approve of press coverage of what I consider a personal matter, I can not tell you what to cover on your program.

Should you wish to still air this story, my only request is that you show my complete response as follows and nothing more.

Quote from JC Planas: “ I do not know how this private email was disseminated to the public, but it is unfortunate.  While the accusations against my character are untrue, this is a private matter that involves a friend of more than 20 years. More important, however, it involves my work with my clients.  The relationship between a client and an attorney is sacred to the point that I will not violate it at any point, even to defend myself from this sort of slander.  My record of hard work and legal success for my clients is well known in this community, especially after this election cycle.  As an election attorney, I represent candidates and not political consultants. Any attorney that compromises his duties in this regard simply to maintain a relationship with a consultant who may be a source of future business, is doing the client is a disservice.  I will continue to offer comprehensive legal representation to all of my clients regardless of who their consultant is and my duty of loyalty will always remain with my clients, for whom I will continue to work tirelessly in the most legal and ethical manner.”