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Gisele Pollack
Gisele Pollack is a former county judge for the Criminal Division of the Broward County Court in Broward County, Florida.[1] She was elected to the court in 2004.[2] Pollack resigned from the bench rather than face removal in January 2015.[3][4][5] See "In the news" section below.
Education
Pollack received both her undergraduate and J.D. degrees from the University of Miami.[6]
Career
Before she became a judge for the Broward County Court, Pollack served as a public defender with the Broward County Public Defender’s office and worked as an attorney in private practice.[2]
Noteworthy events
Pollack facing formal charges for showing up at work drunk (2014)
- See also: Politicians convicted of DUI
The Florida Judicial Qualifications Commission formally charged Pollack for violations of the judicial code of conduct. According to the commission, Pollack violated the terms of an agreement she made with the commission's investigative panel on March 3, 2014. In the agreement, Pollack agreed she would not use alcohol and if she did use alcohol, she would not take the bench.[3]
According to the notice of formal charges, Pollack was drunk when she took the bench on March 19. She was behaving erratically, and her speech was sometimes slurred. She had to be helped off the bench by another judge. Following the incident, Pollack placed herself in an inpatient treatment program for substance abuse.[3]
On May 1, Pollack left the program, without completing it. According to a police report, at approximately 1:30 a.m. on May 2, the vehicle Pollack was driving "struck another vehicle, causing personal injuries." She was arrested and faced charges for driving under the influence. Pollack was placed on leave without pay on May 23, 2013. She was to remain suspended until the commission resolved the case against her.[7]
Pollack's attorney filed a request with the Florida Supreme Court, asking that Pollack be placed on paid leave. He told the court his client suffered from alcoholism, which would be considered a disability under the Americans with Disabilities Act.
| “ | If, in fact, Judge Pollack had been suffering from cancer or another disability that required her to be out of office in treatment or therapy, such a restriction would not have been appropriate.[8] | ” |
| —David Bogenschutz[9] | ||
However, the supreme court rejected the request for a paid suspension.[10]
On September 4, 2014, Pollack pleaded guilty, despite her attorneys' recommendations to plead no contest.
| “ | With all due respect to Mr. Schwartzreich and Mr. Catalano, I am going to plead guilty because I am guilty. I am guilty of letting myself down and I am guilty of letting my community down … I am not here to make excuses.[8] | ” |
She was sentenced with six months of probation, a $500 fine, 75 hours of community service, and the use of an electronic monitor that would alert a probation officer if she consumed any alcohol. The Judicial Qualifications Commission scheduled a hearing for November 13, 2014. The commission was to decide on a recommendation for the Florida Supreme Court on what action should be taken in regards to Pollack. Her punishment could have been as light as a reprimand, or as serious as removal from office.[11]
Update January 2015: On January 5, 2015, the Florida Judicial Qualifications Commission's hearing panel, by an affirmative vote of at least two-thirds, recommended that Pollack be removed from her office.[12] The hearing panel noted Pollack's committal to recovery, but nevertheless, could not overlook the fact that she had been just as committed when she had executed the stipulation on March 3, 2014, to not use alcohol and assume the bench. The panel further stated that they recognized that alcoholism was a disease which "may explain Judge Pollack’s behavior but it cannot excuse it."[2]
| “ | We [the panel] admire her resolve, commend her apparent commitment to recovery, and wish her only success in this endeavor. We owe our allegiance however, to the people of Florida, not any individual judge...Public trust and confidence in the judiciary is, and must remain, our priority.[8] | ” |
| —Florida Judicial Qualifications Commission | ||
Pollack's case was going to be heard by the Florida Supreme Court, who was to make the final determination. However, Pollack resigned prior to removal from office.[4][5][12]
See also
External links
- 17th Judicial Circuit Court of Florida
- Sun Sentinel, "Broward Judge Gisele Pollack accused of drunken driving in crash that sent man to hospital," May 2, 2014
Footnotes
- ↑ 17th Judicial Circuit Court of Florida, "County Court Judges," accessed June 3, 2014
- ↑ 2.0 2.1 2.2 The Florida Judicial Qualifications Commission, "Inquiry concerning Judge Gisele Pollack: Findings of fact, conclusions and recommendations of the hearing panel," January 5, 2015
- ↑ 3.0 3.1 3.2 Before the Florida Judicial Qualifications Commission, "Inquiry Concerning a Judge, The Honorable Gisele Pollack," May 22, 2014
- ↑ 4.0 4.1 Sun Sentinel, "Judge Pollack quits rather than face removal from office," January 6, 2015
- ↑ 5.0 5.1 Sun Sentinel, "Di Pietro appointed to replace former Judge Gisele Pollack," April 30, 2015
- ↑ Martindale.com, "Judge Profile: Gisele Pollack," accessed January 21, 2015
- ↑ Supreme Court of Florida, "Inquiry Concerning a Judge, Re Gisele Pollack, Nos. 13-633, 14-151, 14-187," May 23, 2014
- ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Broward Palm Beach New Times, "Gisele Pollack, Broward Judge, Asks for Pay During DUI Suspension," May 30, 2014
- ↑ Sun Sentinel, "No pay for suspended judge who worked while drunk," June 6, 2014
- ↑ Sun Sentinel, "Judge Pollack pleads guilty to DUI charge," September 4, 2014
- ↑ 12.0 12.1 Sun-Sentinel.com, "Judge who was drunk on bench should lose her job, board recommends," January 5, 2015
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida
State courts:
Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court
State resources:
Courts in Florida • Florida judicial elections • Judicial selection in Florida
