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Misconduct Report: July 2014
The Misconduct Report | |
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| A monthly round-up of notable judicial misconduct allegations | |
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August 5, 2014
The Judicial Misconduct Report is a monthly report discussing select state-level judges facing formal misconduct charges. The report discusses notable charges of judicial misconduct from the past month and offers updates on pending and resolved cases. Unless otherwise noted, any misconduct charges should be considered allegations.
News
Judge faces misconduct hearing for running personal business out of courtroom
On October 7, 2013, a five-day trial on misconduct charges against Judge Judith W. Hawkins commenced. The Florida Judicial Qualifications Commission charged Hawkins with using her judicial office to promote her private interests, mainly her business, the Gaza Road Ministries.[1] Her business website displayed photos of Hawkins wearing her judicial robes, seated on the bench at the Leon County courthouse, and noted her position as a county judge. The website also included information about Hawkins' speaking engagements and offered a variety of products for sale, including religious workbooks.
The commission charges Hawkins has "sold or attempted to sell (her) books, study guides, and other publications in the Leon County courthouse, in the parking garage of the courthouse, and even in the Courtroom in which (she) preside(s)."[1] Hawkins was also cited for using her court e-mail account to communicate with others regarding her business and products, creating the products from her offices at the Leon County Court, using courthouse equipment and supplies for her business, and employing her judicial assistant to help her create and sell products, during the work day at court. Tax documents filed by Hawkins indicate she earned $13,518.00 from her business in 2011.[2]
In January 2014, the Florida Judicial Qualifications Commission found Hawkins guilty of running her religious business out of her chambers at the Leon County Courthouse. In addition, she was also found guilty of misconduct on the bench and of interfering with the commission's misconduct investigation. A 36-page report was released on January 28, 2014.[3]
According to the report:
| “ | Judge Hawkins believes in extending second chances to others. The Hearing Panel concludes that her conduct in response to the FJCQ investigation 34 was an aberration, that she is devoted to the community, is still capable of able service and that she, likewise, is entitled to a second chance...[4][5] | ” |
The commission recommended that the state supreme court suspend Hawkins for 90 days and fine her $17,000.[3]
Hawkins' problems did not end there. On June 23, 2014, the Florida Supreme Court announced its plan to remove Judge Hawkins from the bench stemming from her judicial misconduct. The justices did, however, offer Hawkins a chance to "show cause why removal from office is not the appropriate sanction in this case."Cite error: Invalid <ref> tag; invalid names, e.g. too manyCite error: Invalid <ref> tag; invalid names, e.g. too many Hawkins defended herself to the court on July 14, 2014, with a 15-page document that included the following statements: "To remove me from the Leon County bench deprives the citizens who elected me, the litigants who appear before me and the attorneys who practice in my courtroom of a dedicated judge...I have kept my pledge to use my experience before and after becoming a judge to deal justly and fairly; even-handedly and impartially; consistently and orderly with all the matters submitted for my consideration and disposition."[6] The court's determination is still pending.
Judge arrested, charged with DWI
Judge Nora Longoria was arrested and charged with driving while intoxicated at about 1:30 a.m. in the morning of July 12, 2014. She was later released on personal recognizance.[7]
According to court documents, Longoria pleaded with the officers, saying:
| “ | Please let me go home. I live a couple of miles away … you are going to ruin my life. I worked hard for 25 years to be where I am today.[8][5] | ” |
Officers reported that Longoria admitted to drinking five beers that night, but she said she had stopped drinking three hours before driving home. She refused the breathalyzer.[8]
Senators file complaint against judge
In July 2014, three Tennessee state senators filed a complaint with the Tennessee Board of Judicial Conduct regarding Judge Casey Moreland's decision to waive David Chase's 12-hour jail term. Chase beat his girlfriend twice in June 2014. The second time was immediately after Judge Moreland ordered his early release (see story above). Senators Brian Kelsey, Mike Bell and Randy McNally - all Republicans - filed the complaint, which states: "Judge Moreland has engaged in actual impropriety and should be severely sanctioned by the board."[9]
Bryan Lewis, the defense attorney for David Chase, is a friend of Moreland and has contributed to the judge's campaign. He misinformed Moreland about the nature of David Chase and victim Lauren Bull's relationship, which led to the waiver of the jail time. Moreland maintained, "I did what I did not for Mr. Lewis. I did what I thought was right at the time. I regret it. I apologize for it, and I will make sure to get more information next time."[9]
Judge arrested for DUI (update)
On July 22, 2014, Judge Lynn Rosenthal pleaded no contest to the charge of reckless driving. She was arrested for a DUI in the courthouse parking lot after crashing into a sheriff's office vehicle on May 27, 2014. See previous Misconduct Report: June 2014. Judge Rosenthal was sentenced to three months probation and 25 hours of community service. However, she was not charged with the DUI. Rosenthal defended herself, stating:
| “ | It is important for the public to know this accident was the result of an involuntary overdose and adverse drug reaction I had to Zolpidem Tartrate ER (extended release), the generic form of Ambien CR. This involuntary overdose was caused because my doctor mistakenly prescribed me twice the amount of Ambien CR recommended by the FDA.[10][5] | ” |
See also
Footnotes
- ↑ 1.0 1.1 Before the Florida Judicial Qualifications Commission, "Inquiry concerning A Judge, Judith W. Hawkins, No. 11-550, Notice of Formal Charges," December 5, 2012
- ↑ Tallahassee.com, "UPDATE: Judge Hawkins peddled religious workbook to courthouse friends, according to testimony," October 7, 2013
- ↑ 3.0 3.1 WCTV.tv, "Judge Hawkins faces fine and suspension," January 28, 2014
- ↑ Before the Judicial Qualifications Commission, State of Florida, "Inquiry Concerning Judge Judith Hawkins, No. 11-550, SC12-2495, Findings, Conclusions and Recommendations of the Hearing Panel," January 27, 2014
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Tallahassee Democrat, "Judge Hawkins pleads to stay on the job," July 15, 2014
- ↑ The Monitor, "13th Court of Appeals judge charged with DWI," July 12, 2014
- ↑ 8.0 8.1 Valley Morning Star, "Valley judge tried to resist DWI arrest," July 14, 2014
- ↑ 9.0 9.1 The Tennessean, "Senators file complaint against Judge Casey Moreland," July 12, 2014
- ↑ CBS Miami, "Broward Judge Pleads No Contest To Reckless Driving Charge," July 24, 2014
