In re Inquiry Concerning a Judge No. 97-74: Ford-Kaus

730 So. 2d 269, 24 Fla. L. Weekly Supp. 85, 1999 Fla. LEXIS 158, 1999 WL 72722
CourtSupreme Court of Florida
DecidedFebruary 11, 1999
DocketNo. 91,232
StatusPublished
Cited by13 cases

This text of 730 So. 2d 269 (In re Inquiry Concerning a Judge No. 97-74: Ford-Kaus) 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 Inquiry Concerning a Judge No. 97-74: Ford-Kaus, 730 So. 2d 269, 24 Fla. L. Weekly Supp. 85, 1999 Fla. LEXIS 158, 1999 WL 72722 (Fla. 1999).

Opinion

PER CURIAM.

We review the recommendation of the Judicial Qualifications Commission (JQC) that Judge Deborah Ford-Kaus be removed from her position as circuit court judge for the Twelfth Judicial Circuit. We have jurisdiction pursuant to article V, section 12 of the Florida Constitution. We have considered the record, Ford-Kaus’ written response, and oral argument. For the reasons expressed below, we affirm the JQC’s recommendation.

Ford-Kaus was elected as a circuit court judge in 1996. On August 19, 1997, the JQC charged Ford-Kaus with violating numerous Rules of Professional Conduct1 as well as [271]*271Canons 1 and 2 of the Code of Judicial Conduct.2 The charges related to conduct [272]*272that occurred prior to Ford-Kaus becoming a circuit judge as well as to conduct that took place during her time on the bench. The charges primarily concerned Ford-Kaus’s representation of one of her clients, Tricia McBee. A formal hearing was conducted and the JQC submitted its Findings of Fact, Conclusions of Law, and Recommendation on May 20, 1998. The JQC made the following findings of fact:

Deborah Ford-Kaus was elected as a Circuit Judge on November 5, 1996 and assumed her judicial duties on January 6, 1997. She graduated from law school in 1977 and began the actual private practice of law in 1986. She is a member of the Bar in the states of Texas, New York, Massachusetts and Florida. She served briefly as an Assistant State Attorney in the 12th Circuit and then engaged in private practice doing primarily family law in the Sarasota County area. She was joined in her practice by attorney Linda Griffin in August of 1994. Although they practiced together, they did not share fees, had their own separate bank accounts and were not a trae partnership. Disputes over the McBee case have resulted in a total split between two former friends and Linda Griffin had the locks on the office changed to exclude Judge Ford-Kaus.
In June of 1996, then attorney Ford-Kaus entered into a written contract to handle an appeal in a family law matter on behalf of Ms. McBee. The case concerned an order modifying the primary residential custody of Ms. MeBee’s minor child. This appeal required expedited treatment and McBee was, of course, the appellant. The appeal was mishandled from the beginning by then attorney Ford-Kaus who had almost no appellate experience, having previously worked on only a part of one appeal. She previously wrote an amended Answer Brief under direction of a partner. The brief was stricken, but she was allowed to present oral argument and the case was a PCA in her client’s favor. The McBee appeal was initially filed in the wrong court and the record was delayed by inaction by counsel. A stay should have been sought and the case should have been expedited because it concerned custody of a minor. These steps were not attempted by Judge Ford-Kaus. Expert opinion evidence as to the mishandling of the appeal was accepted over objection.
Apparently, because of the time constraints of running for judicial office, the case was referred to another lawyer to write the brief. Mr. Dwight Olsen was a friend of Linda Griffin and he agreed to research and write the brief for Judge Ford-Kaus for a flat fee of $1,000. He had no idea if McBee had been advised that he was to write the brief nor did he know what the client was to be billed. He considered Judge Ford-Kaus, whom he met only by phone, as the “client.” The brief took him considerably more time than he anticipated, but he charged only $1,028.45, the flat fee plus costs. He was paid this amount and furnished the brief in a form expecting that Judge Ford-Kaus would insert the necessary references to the trial transcript. He had the almost finished draft in Judge Ford-Kaus’ hands on October 31,1996, anticipating a filing by November 8,1996.
The due date on the brief in the Second District Court of Appeal was Friday, November 8, 1996, a date which Judge Ford-Kaus had asked the Court to grant her in her motion for a 45 day extension. The brief was actually filed on November 19, 1996 after being Federal Expressed from Judge Ford-Kaus’ office on November 18, 1996. Obviously, the brief was 10 days overdue, but the Court accepted the late brief and did not grant the Motion to Dismiss the appeal because of the late filing.
[273]*273Generally, the District Courts do not dismiss cases for such minor infractions. The Court did strike the brief and allow an amended brief because it lacked record references which Judge Ford-Kaus should have realized. After newspaper publicity, the representation of McBee on the appeal was eventually taken over by another lawyer with considerable appellate experience who agreed to the representation on a pro bono basis. The last brief in the case had been filed shortly before the hearing of March 2,1998.
Judge Ford-Kaus charged her client McBee more than $9,000 in fees and never advised that Mr. Olsen had done all of the work on the brief for a $1,000 fee, plus $28 in costs. When Ms. McBee conferred with Judge Ford-Kaus on January 3, 1997 which was the Judge’s final meeting in her office before assuming her judicial duties, the brief and the overall status of the appeal was the subject of their discussion. McBee, who brought a witness and made specific notes, asked Judge Ford-Kaus if she had written the brief and if it had been timely filed. Ms. McBee had already called the clerk of the Second District Court of Appeal and knew the brief was late. However, Judge Ford-Kaus specifically told her client that she had, in fact, written the brief and that the brief had been timely filed. Judge Ford-Kaus even went so far as to tell McBee that the clerk of the District Court was in error.
At this point, it was clear beyond a reasonable doubt that Judge Ford-Kaus knew the brief had been filed late and well-knew that Mr. Olsen had written the brief. Mr. Olsen’s name was on one of the records and McBee stated that she asked who he was and was told he was an “assistant.” By clear and convincing evidence, the Panel concludes that Judge Ford-Kaus was knowingly untruthful to her client. Judge Ford-Kaus would later admit to telling her client “white lies” during the meeting. The Panel also concludes that the Motions to Dismiss and Strike the brief served December 2, 1996 were, in fact, received by Judge Ford-Kaus prior to the meeting of January 3,1997.
The brief which was actually filed with the Second District Court of Appeal was received in evidence. The brief contains a certificate of service signed by “Deborah Ford-Kaus.” A blank line in the certificate of service with handwritten dates is extremely confusing. It shows the number “8th” to have been written over and the number “10th” or possibly “18th” superimposed. The numeral “10” is the most prominent and it is most likely that the “8th” was initially written and then changed to the “10th.” It is unquestioned that this brief was in fact Federal Expressed out of Judge Ford-Kaus’ office on November 18, 1996. The brief was also accompanied by a letter dated November 10, 1996 which advised the clerk that the original brief was being forwarded that date. November 10, 1996 was a Sunday and this letter dated the 10th containing no handwritten mailing information was also Federal Expressed on the 18th and was certainly an attempt to mislead.

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Bluebook (online)
730 So. 2d 269, 24 Fla. L. Weekly Supp. 85, 1999 Fla. LEXIS 158, 1999 WL 72722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-inquiry-concerning-a-judge-no-97-74-ford-kaus-fla-1999.