In Re Downey

937 So. 2d 643, 2006 WL 1911389
CourtSupreme Court of Florida
DecidedJuly 13, 2006
DocketSC05-2228
StatusPublished
Cited by5 cases

This text of 937 So. 2d 643 (In Re Downey) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Downey, 937 So. 2d 643, 2006 WL 1911389 (Fla. 2006).

Opinion

937 So.2d 643 (2006)

Inquiry Concerning A Judge, No. 05-131, re Brandt C. DOWNEY, III.

No. SC05-2228.

Supreme Court of Florida.

July 13, 2006.

*644 Honorable James R. Wolf, Chairman, Tallahassee, FL, Brooke S. Kennerly, Executive Director, Tallahassee, FL, Marvin E. Barkin, Interim General Counsel, Tampa, FL, John R. Beranek, Counsel to Hearing Panel, Tallahassee, FL, E. Lanny Russell and Scott B. Kalil of Smith, Hulsey and Busey, Special Counsel, Jacksonville, FL, for Florida Judicial Qualifications Commission, Petitioner.

*645 Judge Brandt C. Downey, III, pro se, Clearwater, FL, for Respondent.

PER CURIAM.

We have for review a stipulation between the Judicial Qualifications Commission ("JQC") and Judge Brandt C. Downey, III, as well as the JQC's recommendation that Judge Downey be publicly reprimanded for violating the Code of Judicial Conduct. We have jurisdiction. See art. V, § 12, Fla. Const. We accept the stipulation and approve the JQC's recommendation.

FACTS

On December 20, 2005, the JQC filed a notice of formal charges against Judge Downey. This notice charged Judge Downey with three counts of ethical violations for conduct that occurred between 2002 and 2005. Judge Downey was charged with violating canons 1, 2, and 3B(5) of the Judicial Code of Conduct.[1] In relevant part, the JQC's notice of formal charges set forth the following:

I. Habitual viewing of pornography from the courthouse computer[.]
1. Beginning on or about the year 2002, and continuing through 2005, you engaged in the practice of viewing pornographic Internet websites from the computer in your chambers.
2. Your pervasive practice of viewing pornography from the computer in your chambers resulted in frequent computer viruses infecting your computer. Courthouse anti-virus software quarantined the viruses on your computer which in turn, had to be removed by technology staff members either from a remote location or in person by reporting to your office to remove the viruses from your computer.
3. As a result, on at least two occasions, courthouse personnel were unwittingly exposed to pornographic images when they reported to your office to physically remove viruses from your computer. In addition, on at least one known occasion, your Judicial Assistant was also exposed to a pornographic website image while present in your office during a computer repair service call.
4. You repeatedly ignored e-mail warnings such as the one below from *646 court technology staff, advising you of the potential risk to the entire computer network due to your viewing of certain websites:
"Judge Downey, again our Antivirus Server alerted our staff that your computer has multiple viruses. One of the technology staff members will either stop by to clean the virus or we may be able to clean the virus from the server. Please understand that viruses can be found in emails or Internet sites. Many Internet sites carry viruses and just by clicking on a link or popup window could infect your computer. Please be careful about the sites you visit and realize that the virus you encounter could infect our entire network. . . ."
(Emphasis added).
These acts, if they occurred as alleged, were in violation of Canon, 1, [sic] by failing to maintain a high standard of conduct to preserve the integrity of the judiciary. Furthermore, these acts, if true, violate Canon 2A by eroding the public confidence and integrity in the judiciary through your pervasive conduct of viewing pornography in your chambers and thereby threatening to infect the entire courthouse computer system with unwanted computer viruses.
II. Failure to disclose a juror written communication.
5. In the case of State v. Wilson, (Case No.:CRC-03-00026CFANO-K) you failed to advise the lawyers representing the State of Florida and the defendant that you had received a written communication from a juror during the trial. The handwritten note from the juror allegedly advised you that said juror was concerned about a fellow juror sleeping during the trial and was further concerned about the fairness of the proceedings due to the sleeping juror.
6. You failed to disclose the note to the lawyers even after defense counsel, who independently learned of the sleeping juror, requested a continuance of the sentencing hearing to explore legal options on behalf of Mr. Wilson. In addition to denying the continuance, you also conducted legal research and cited to Foraker v. State, 731 So.2d 110 ([Fla.] 5th DCA 1999)[,] in support of your decision to proceed with the sentencing of Mr. Wilson notwithstanding the sleeping juror. In so ruling, you stated that there was insufficient evidence of the sleeping juror to require a hearing. You made this representation knowing that you had direct evidence in the form of a juror communication evidencing that a fellow juror had in fact seen the juror sleeping during the trial.
7. Defense counsel learned about the juror communication after the courtroom bailiff who received the note from the juror reported the existence of the note to the State Attorney's Office who in turn notified defense counsel.
8. You claim to have destroyed the note instead of producing the note to the lawyers or placing the note in the court file. The withholding of the juror communication in this case led to your disqualification.
The acts as described above if they occurred as alleged, are in violation of Canon 1, by failing to uphold the integrity and independence of the judiciary[,] and Canon 2, by failing to comply with the law in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
III. Improper contact and communication with female attorneys.
9. During 2003 through 2004 you displayed an inordinate interest in a first year female assistant state attorney assigned to Judge Linda R. Allan's division. *647 As such, you repeatedly sent quick conference computer messages to Judge Allan regarding said assistant state attorney's appearance. You also asked Judge Allan to "pass" a case to you involving this same prosecutor. Further, you asked Judge Allan to advise the prosecutor that her case was coming to your division so that you could in turn, watch her reaction to the news on your computer screen. In addition, you sat in the audience and watched said assistant state attorney in trial on more that one occasion[.]
10. On another occasion you asked said assistant state attorney to approach the bench while court was in session and told her she "looked nice today." In addition, you approached her in front of other people and told her she "looked pretty."
11. Furthermore, you also telephoned the assistant state attorney in her office and invited her to have lunch or dinner with you, to which she declined.
12. Your behavior toward said assistant state attorney embarrassed her and caused others to mock and ridicule her. The acts as described above if they occurred as alleged, are in violation of Canon 1 and 2A as outlined above and in violation of Cannon [sic] 3B(5) requiring that a judge perform judicial duties without bias or prejudice including but not limited to bias or prejudice based on gender.

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Cite This Page — Counsel Stack

Bluebook (online)
937 So. 2d 643, 2006 WL 1911389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-downey-fla-2006.