Susan Barber Flood

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Susan Barber Flood

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Polk County Court

Tenure

Present officeholder

Report an officeholder change

Education

Bachelor's

University of Florida, 1987

Law

University of Louisville, Brandeis School of Law, 1990

Susan Lee Barber Flood is a judge of the Polk County Court in Polk County, Florida. She was appointed to the court by Gov. Charlie Crist (R) in August 2008 and was elected to a full six-year term in 2010. Flood won re-election to a second in the primary election on August 30, 2016.

Biography

Flood received her B.A. degree from the University of Florida in 1987 and her J.D. from the University of Louisville School of Law in 1990.

Career

• 2008-2016: Judge, Polk County Court
• 2004-2008: General magistrate, Polk County
• 1990-2004: Sole practitioner

Elections

2016

See also: Florida local trial court judicial elections, 2016

Thirty-nine of Florida's 67 county courts had seats up for election in 2016. Of the 101 seats up for election, 68 saw only one candidate file for the election. The unopposed races were canceled and the sole candidates were automatically elected. Of the 33 opposed races, only 15 saw more than two candidates file. Candidates who received a majority of votes cast in the primary election on August 30, 2016, won the race and did not advance to the general election. Races where no candidate receives 50 percent plus one of the votes cast required a general election on November 8, 2016, between the top two primary vote recipients. Incumbent Susan Barber Flood defeated Carson Bassett in the Group 8 primary election for the Polk County Court.

Polk County Court, Group 8 Primary Election, 2016
Candidate	Vote %	Votes
Susan Barber Flood Incumbent	54.14%	36,050
Carson Bassett	45.86%	30,542
Total Votes		66,592
Source: Polk County Supervisor of Elections, "2016 Primary Election," September 7, 2016

Selection method

See also: Nonpartisan elections

Like the circuit courts, the Florida County Court selects its judges through nonpartisan elections. County judges serve six-year terms, after which they must run for re-election if they wish to retain their seats.

In the event of a midterm vacancy, the county courts employ the same assisted appointment method that the appellate courts use. Judges selected this way serve for at least one year, after which they must run for re-election.

Qualifications
To serve on one of these courts, a judge must be:

• a qualified elector;
• a state resident;
• under the age of 75; and
• admitted to practice law in the state for five years prior to assuming the bench.

Note that this final requirement—that judges be qualified to practice law in the state for at least five years—is the one piece that breaks from the qualifications of Florida appellate judges, who need a minimum of 10 years. In counties of 40,000 people or fewer, this requirement is waived altogether.

Misconduct allegations

Judge facing misconduct allegations in Polk County Courthouse sex scandal

On July 24, 2013, Alisha Rupp and her attorney, David Linesch, held a press conference to discuss why she believed she had been fired from her position as a judicial assistant at the Polk County Courthouse. Rupp claimed she was fired for complaining about a hostile work environment due to the alleged misconduct committed by Flood. Rupp further claimed Flood had had an affair with her courtroom bailiff James "Bubba" Maxcy. Rupp also alleged she was sexually harassed.

According to Rupp, she approached Polk County Chief Judge Bruce Smith to request a transfer to a different location in the courthouse. However, her request was denied. Rupp stated she later received a text from Smith saying she was fired. The message allegedly indicated that when Rupp failed to appear at work for two days, the court assumed she had quit her job voluntarily.

According to Polk County Administrator Nick Sudzina, "Rupp was fired for repeated errors on her time sheets as well as using her position as a judicial assistant to threaten an animal control officer who had recently issued her a citation." According to court officials, Rupp had a chance to discuss her concerns regarding Flood and the behavior of Maxcy, but she never attended a meeting set during the initial investigation. That investigation found nothing to support Rupp’s allegations.

In spite of the court’s previous findings, Smith announced plans to reopen the internal investigation to allow Rupp to come forward and offer the court her side of the story. Smith indicated, "he doubt(s) she will." Once the court’s investigation is complete, Smith said any findings would be submitted to the Judicial Qualifications Commission.

Before she was fired, Rupp claimed she observed evidence of a sexual affair between Flood and Maxcy while she worked for Harlan. Specifically, she claimed she observed Flood and Maxcy having sex on a table in Flood’s office in September 2012, and that she also saw them kissing and fondling each other.

Rupp also accused Maxcy of sexual harassment. She claimed that "Maxcy made sexual advances toward her, made crude remarks, told her she’d lose her job if she came forward, forced her against a wall, and even threatened her once with a taser." Maxcy was suspended by the Polk County Sheriff’s Office pending administrative and criminal investigations into Rupp’s allegations. In response, Flood stated: "These allegations are false and baseless and they are denied." She further voiced her concern about the effect the allegations would have on her family and career.

Report following investigation critical of judge's behavior

The Florida State Attorney's Office released a 68-page report following an investigation into claims made by Rupp. Although Rupp later stated Maxcy never sexually harassed her, she continued to insist her claims regarding an inappropriate relationship between Flood and Maxcy were true. The investigation resulted in the filing of criminal charges against Rupp, and the judge she worked for, Beth Harlan, for fraud and grand theft. The two were arrested on September 13, 2013. Although, a separate report found no direct evidence that Flood and Maxcy were involved sexually, the report questioned Flood's behavior and accused her of damaging the integrity of the 10th Judicial Circuit.

Polk County Chief Judge Bruce Smith told The Ledger he looked over the report from the State Attorney's Office and stated: "The report is what it is. . .It does concern me greatly. Smith sent the report to the Florida Judicial Qualifications Commission which investigates allegations of judicial misconduct by the state's judges. Unless the commission chooses to file formal charges, complaints regarding misconduct allegations remain confidential.

Update March 2015: On March 5, 2015, Flood was publicly reprimanded by the Florida Supreme Court for her relationship with Maxcy. The court, taking into account the Florida Judicial Qualifications Commission's July 2014 recommendation, agreed that Flood's actions "undermined public confidence in the judiciary."

See also

• Polk County Court, Florida
• Florida local trial court judicial elections, 2016

External links

• Florida Tenth Judicial Circuit, "County Court Judicial Directory"