|
sunEthics |
|
FLORIDA NEWS ARCHIVE - JUDICIAL ETHICS, Discipline Florida Supreme Court publicly reprimands judge for his response to disqualification motion and conduct in dealing with pro se litigants. [Added 2/17/10] The Florida Judicial Qualifications Commission ("JQC") filed formal charges against Judge. After a hearing the JQC recommended that Judge be found guilty of ethical violations in Count I and Count III. In Count I, Judge was presiding over a criminal trial. On the day jury selection was to begin, the defense moved to sever the two charges. Judge denied the motion. Judge also denied a defense request regarding admissibility of a video. The defendant was concerned about Judge's rulings and defense counsel asked for an opportunity to prepare a motion for Judge's disqualification. Judge responded by raising the defendant's bond. At the JQC investigative hearing, Judge explained that he viewed the defendant's conduct as an attempt to gain a continuance but agreed that he raised the bond because of the disqualification request. The JCQ hearing panel found that Judge had effectively punished the defendant for exercising a legitimate legal right. In Count III, Judge openly disagreed with his Circuit's policy requiring county court judges to hear petitions for injunctions against domestic violence or repeat violence. When presiding over domestic violence injunction hearings, Judge was accused of treating pro se petitioners in a "formulaic and impersonal" manner, "providing no assistance whatsoever to the petitioners." On review the Florida Supreme Court agreed that Judge's conduct ran afoul of Canons 1, 2, and 3 of the Florida Code of Judicial Conduct. Regarding Count I, the Court stated that "[e]ven if Judge [] justifiably believed that the motion to recuse was filed without merit, this in no way creates a right for a judicial officer to punish the defendant for exercising his legal rights." Judge's reliance on actions of other judges in his county in similar situations, or Judge's good motives, do not excuse departure from the requirements of the Code. Regarding Count III, the Court noted the JQC's finding that Judge's conduct essentially penalized pro se petitioners for being unfamiliar with the judicial system. The Court concluded that the appropriate discipline was a public reprimand. Inquiry Concerning a Judge, No. 07-43 re: Ralph E. Eriksson, 36 So.3d 580 (Fla. 2010).
Florida Supreme Court publicly reprimands judges for ethical violations in two separate matters. [Added 11/11/09] -- Inquiry Concerning a Judge, No. 08-373 re: Peter A. Bell, 23 So.3d 81 (Fla. 2009). Inquiry Concerning a Judge, No. 07-417 re: Mary Jane Henderson, 22 So.3d 58 (Fla. 2009).
Florida Supreme Court reprimands judge for filing petition of mandamus regarding first appearance proceedings. [Added 1/30/09] -- Inquiry Concerning a Judge, No. 05-437 re: Clifford H. Barnes, 2 So.3d 166 (Fla. 2009).
Florida Supreme Court reprimands judge who, based on ex parte communications, authorized pre-trial release of ineligible sister of his former law partner. [Added 10/2/08] -- Inquiry Concerning a Judge, No. 07-540 re: George W. Maxwell, III, 994 So.2d 974 (Fla. 2008).
Florida Supreme Court reprimands judge for her responses to motions to disqualify her. [Added 10/2/08] -- Inquiry Concerning a Judge, No. 06-52 re: Cheryl Aleman, 995 So.2d 395 (Fla. 2008).
Judge who prevails against JQC charges may receive award of only costs, not attorney's fees. Inquiry Concerning a Judge, re: Gregory P. Holder, 945 So.2d 1130 (Fla. 2006).
Florida Supreme Court removes judge from office despite JQC's recommendation of lesser sanction. Inquiry Concerning Judge John R. Sloop, 4946 So.2d 1046 (Fla. 2006).
Florida Supreme Court reprimands judge for misconduct and approves stipulation whereby judge will retire and not serve as Senior Judge. Inquiry Concerning a Judge, No. 05-131, re: Brandt C. Downey, III, 937 So.2d 643 (Fla. 2006).
Florida Supreme Court removes judge for campaign violation despite JQC's recommendation of lesser sanction. Inquiry Concerning a Judge, No. 02-466, re: Judge John Renke III, 933 So.2d 482 (Fla. 2006).
Judge romantically involved with lawyer practicing before him given public reprimand. Inquiry Concerning a Judge, No. 05-05 re: James R. Adams, 932 So.2d 1025 (Fla. 2006).
Judge's campaign conduct and improper behavior on bench results in reprimand and referral to anger management counseling. Inquiry Concerning a Judge, No. 04-249, re: W. Wayne Woodward, 919 So.2d 389 (Fla. 2006).
Judge publicly reprimanded for ordering police to release judge's close friend after DUI arrest. Inquiry Concerning a Judge, No. 03-78, re: Dennis Maloney, 916 So.2d 786 (Fla. 2005).
Florida Supreme Court removes judge who allegedly practiced law while on bench and advised criminal client to flee jurisdiction. Inquiry Concerning a Judge, No. 03-14 re: James E. Henson, 913 So.2d 579 (Fla. 2005).
Florida Supreme Court reprimands and fines judge who agreed to sanction, despite JQC's failure to allege violations of specific Canons. Inquiry Concerning a Judge re: Robert F. Diaz, 908 So.2d 334 (Fla. 2005).
Judge publicly reprimanded for failing to rule expeditiously in a dozen cases. Inquiry Concerning a Judge re: Meryl L. Allawas, 906 So.2d 1052 (Fla. 2005).
Florida Supreme Court reprimands and fines judge $25,000 for election campaign conduct. Inquiry Concerning a Judge, re: Ana Marie Pando, 903 So.2d 902 (Fla. 2005).
Judge publicly reprimanded for statements to media concerning defendant in pending case. Inquiry Concerning a Judge re: Robert Lance Andrews, 875So.2d 441 (Fla. 2004). |
|
sunEthics is produced by Tim Chinaris, and hosted by Faulkner University, Jones School of Law. Please read our disclaimers. Search our site, or view previously posted summaries using our SUBJECT INDEX. © 2010 |