Justia Florida Supreme Court Opinion Summaries

The hearing panel of the Florida Judicial Qualifications Commission determined that Judge Judith W. Hawkins, a county judge in the Second Judicial Court, had committed a series of violations of the Code of Judicial Conduct. The Commission recommended serious sanctions short of removal. The Supreme Court found, based on clear and convincing evidence, that Judge Hawkins violated Canons 1, 2A, and 5D of the Code of Judicial Conduct and that those violations warranted the most severe sanction in a judicial disciplinary proceeding - that of removal from the bench. Accordingly, the Court removed Judge Hawkins from the office of county judge, effective when this decision became final. View "Inquiry Concerning Judge Judith W. Hawkins" on Justia Law

The Florida Judicial Qualifications Commission (JQC) served a notice of investigation on Circuit Judge Sandy Kautz pursuant to Rule 6(b) of the FLorida Judicial Qualifications Commissions Rules. The judge entered into a stipulation admitting that her appearance on behalf of her sister at her sister’s first appearance after an arrest was inappropriate. The judge further admitted that she had not comported herself with the requisite dignity and patience expected of her judicial office in presiding over certain types of cases. The JQC found and recommended that Judge Kautz receive a public reprimand. The Supreme Court approved of the stipulation and the JQC’s findings and recommendation. View "Inquiry Concerning Judge Sandy K. Kautz" on Justia Law

The appellate counsel of Defendant, a prisoner under a sentence of death, requested that the Supreme Court depart from its established procedure for requiring counsel to proceed with diligent appellate advocacy during mandatory review in death penalty cases where the defendant expresses a desire to be executed. Defendant in this case wished to argue in favor of the death sentence. Under Rule 4-1.2(a) of the Rules Regulating The Florida Bar, a lawyer is required to abide by her client’s decisions concerning the objectives of representation. Appellate counsel sought an order permitting him to withdraw from representation to avoid an alleged violation of his ethical responsibility to his client. The Supreme Court denied current counsel’s motion to withdraw, holding that there was no ethical violation in requiring counsel to continue to prosecute this appeal for the benefit of the Court in meeting its statutory and constitutional duties. View "Robertson v. State" on Justia Law

The Florida Judicial Qualifications Commission (JQC) filed charges against Judge Brenda Sheehan of the Circuit Court after Sheehan pleaded guilty to the charge of driving under the influence, alleging that Judge Sheehan’s conduct violated the Code of Judicial Conduct and recommending that Judge Sheehan receive the sanction of a public reprimand. The Supreme Court approved the JQC’s findings and recommendation of a public reprimand, holding that Judge Sheehan’s conduct at issue in this case was reprehensible, undermined the public’s confidence in the integrity of the judiciary, and would not be tolerated. View "In re Sheehan" on Justia Law

In 1991, a group of flight attendants initiated a class action suit against several tobacco companies. The suit resulted in a settlement agreement. Subsequently, the Flight Attendant Medical Research Institute (FAMRI) was formed, and several of the flight attendants who were part of the class action became members of FAMRI’s board, including Patricia Young and Alani Blissard. Thereafter, several flight attendants filed individual suits against the tobacco companies. Steve Hunter and Philip Gerson were among the attorneys who represented the flight attendants. In 2010, a group of attorneys, including Gerson and Hunter, filed a petition against FAMRI on behalf of some of the flight attendants who were part of the original class, seeking an accounting of FAMRI’s funds and requesting that the settlement funds be dispersed directly to their clients. Young, Blissard and FAMRI moved to disqualify the attorneys on the ground of conflict of interest. The trial court entered an order disqualifying several attorneys, including Hunter and Gerson. The Third District Court of Appeals quashed the trial court’s order. The Supreme Court quashed the Third District’s decision and reinstated the trial court’s disqualification order, holding that disqualification was warranted in this case. View "Young v. Achenbauch" on Justia Law

The Florida Judicial Qualifications Commission (JQC) instigated formal proceedings against circuit court Judge R. Timothy Shea for the judge's rude and intemperate behavior. After the Supreme Court disapproved the proposed sanction, the JQC withdrew its findings and recommendation of discipline and subsequently filed amended formal charges against Judge Shea. Based on facts set out in a second stipulation, the JQC filed a second findings and recommendation of discipline, determining that Judge Shea engaged in inappropriate behavior that was unbecoming a member of the judiciary. The JQC recommended that Judge Shea receive a public reprimand with the additional requirement that the judge send letters of apology to those individuals identified in the notice of amended formal charges and continue to obtain mental health treatment as recommended by his doctor and family therapist. The Supreme Court approved the JQC's findings and recommended discipline based on the severity of the judge's misconduct and the mitigating factors in his case. View "In re Shea" on Justia Law

This case arose out alleged defamatory statements an attorney (Attorney) allegedly took in the course of investigating an underlying defamation action he was hired to defend. The legal issue was whether absolute immunity applied to Attorney's alleged defamatory statements, which were made during ex-parte, out-of-course questioning of a potential, nonparty witness. The court of appeal concluded that absolute immunity applied to Attorney's statements. The Supreme Court quashed the court of appeal's decision and held (1) Florida's absolute privilege was never intended to sweep so broadly as to provide absolute immunity from liability to an attorney under the circumstances presented here; and (2) a qualified privilege instead should apply to ex-parte, out-of-court statements, so long as the alleged defamatory statements bear some relation to the subject of inquiry in the underlying lawsuit. View "DelMonico v. Traynor" on Justia Law

The Florida Bar filed a complaint against Knowles, alleging misconduct relating to her representation of a client in immigration and civil matters. Specifically, the Bar cited Rules Regulating the Florida Bar 4-1.3 (diligence), 4-1.6 (confidentiality of information), 4-3.3 (candor toward the tribunal), 4-8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation), and 4-8.4(d) (conduct prejudicial to the administration of justice). In a motion to withdraw as attorney of record, Knowles had made disparaging statements about the client; she then told the client that she would continue the representation only if the client paid an additional $1,500. When the client decided to retain new counsel, Knowles made additional claims, including telling the Department of Homeland Security that she had reason to believe her client would lie to the Immigration Court. Knowles disclosed confidential paperwork pertaining to the client’s political asylum case; failed to appear at mediation in the client’s injury case, and failed to advise her client that a final judgment had been entered. A referee recommended that Knowles be suspended from the practice of law for 90days and attend the Florida Bar’s Ethics School and a professionalism workshop. The Florida Supreme Court concluded that a one-year suspension was the appropriate sanction. View "Florida Bar v. Knowles" on Justia Law

Judge Nelson was observed driving a vehicle erratically, weaving between lanes, striking a guardrail several times, and ultimately crashing on a bridge. After initially identifying herself as a judge to the police officer at the scene, she explained to the officer that she lost control of the vehicle because she was talking on her cellular phone. However, the officer smelled alcohol on her breath, and noticed that her eyes were glassy and bloodshot. Her clothes were in disarray. At first, Judge Nelson was unable to tell the officer where she was coming from or where she was going, but she later recalled that she may have been at a restaurant. She refused to exit the vehicle and refused to submit to field sobriety exercises. Judge Nelson was taken to the county jail where she refused to submit to a breathalyzer test. The Notice of Formal Charges stated that these acts, if they occurred as alleged, were in violation of Canons 1 and 2A of the Code of Judicial Conduct. The Florida Supreme Court recommended a sanction of public reprimand. View "Inquiry Concerning A Judge" on Justia Law

Delhall, was convicted of first-degree premeditated murder, unlawful use of a firearm, unlawful discharge of the firearm resulting in death or serious bodily harm, and possession of a firearm by a convicted felon. At the jury trial the State presented evidence that Delhall murdered the victim because he was, at that time, the only known eyewitness to the murder of another individual (Bennett) with which Delhall’s brother was charged. The jury recommended a death sentence by a vote of eight to four, and the trial court entered an order sentencing Delhall to death. The Florida Supreme Court vacated the sentence, stating that the prosecutor, “by her overzealous and unfair advocacy, appeared to be committed to winning a death recommendation rather than simply seeking justice.” Her improper advocacy continued even after an objection was sustained. In one instance, the judge was forced to step in and specifically admonish her to stop it. Cumulative errors fundamentally tainted the guilt phase, which was especially significant in view of the fact that the jury recommended death by a vote of eight to four, a recommendation that was far from unanimous. View "Delhall v. State of Florida" on Justia Law