In Re McAllister

646 So. 2d 173, 1994 WL 556891
CourtSupreme Court of Florida
DecidedOctober 13, 1994
Docket82855
StatusPublished
Cited by28 cases

This text of 646 So. 2d 173 (In Re McAllister) 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 McAllister, 646 So. 2d 173, 1994 WL 556891 (Fla. 1994).

Opinion

646 So.2d 173 (1994)

In re Inquiry Concerning a Judge No. 93-353 re Mary Jean McALLISTER.

No. 82855.

Supreme Court of Florida.

October 13, 1994.
Rehearing Denied December 19, 1994.

*174 Joseph J. Reiter, Chairman, and Ford L. Thompson, Gen. Counsel, Tallahassee, Lauri Waldman Ross, Sp. Counsel, Maland & Ross, and Timothy W. Ross, Timothy W. Ross, P.A., Sp. Counsel, Miami, for petitioner.

Martin Errol Rice, Martin Errol Rice, P.A., St. Petersburg, for respondent.

PER CURIAM.

The Florida Judicial Qualifications Commission (Commission) recommends that this Court discipline Judge Mary Jean McAllister through removal from office for conduct that demonstrates her present unfitness to hold judicial office in the state. We have jurisdiction. Art. V, § 12(f), Fla. Const. For the reasons expressed below, we approve the Commission's recommendation.

Judge McAllister was elected as County Court Judge in and for Pinellas County, Florida in 1992 and took office in January, 1993. On December 6, 1993, the Commission charged Judge McAllister with six (6) counts of misconduct.[1] After a formal hearing was conducted before the Commission, the Commission found Judge McAllister not guilty of the charges in Counts I, III and VI, and guilty of Counts II, IV, and V. These latter counts allege that: (1) Judge McAllister engaged in improper ex parte communications with the State concerning matters before her; (2) Judge McAllister displayed a lack of judicial impartiality by being abusive towards attorneys in the Public Defender's Office; and (3) Judge McAllister sexually harassed her judicial assistant and maintained an abusive and hostile work environment.

In support of its recommendation, the Commission made the following findings of fact:

3. In February 1993, Judge McAllister started making numerous sexual remarks to Phyllis Worobey [her judicial assistant]. These remarks included improper comments on Worobey's legs and breasts, her figure, and her sex life. Judge McAllister also told Worobey about her own personal life, mentioning that she had a female friend like her (referring to Judge McAllister) who liked women, and discussed a pool party at which her female friends sat around in the nude.
4. Phyllis Worobey testified that Judge McAllister asked her to go to lunch every day, and that when she made plans to lunch with others, the Judge told her to cancel her other plans.
5. Phyllis Worobey further testified that the Judge invited her out for drinks after work on numerous occasions, and to attend a judicial conference with her.
6. Phyllis Worobey testified that she attempted to dress more conservatively and that she began making excuses about lunch, in order to discourage the Judge's attentions. She declined the other invitations.
7. As a result of Judge McAllister's conduct, Phyllis Worobey felt deeply embarrassed and humiliated, and resigned from her position on August 23, 1993.
*175 8. John Hudzietz is an assistant public defender assigned to the Public Defender's Office in Pinellas County, Florida. During his three years with the Public Defender's office, he received excellent reviews from his supervisors and appeared before numerous judges, who had no complaints about his conduct. Mr. Hudzietz' assignment to Division L preceded Judge McAllister's election to the bench and he remained in her division thereafter.
9. Shortly after her election, Judge McAllister privately expressed a strong personal dislike for public defender Hudzietz, and made numerous comments in pejorative terms reflecting on his character, skill and ability. As to Judge McAllister's treatment of him, Mr. Hudzietz testified that his appearance in court became "a show" attended by numerous attorneys and court personnel, all of whom watched while he was berated. Judge McAllister made disparaging comments about his ability to practice law and the advice he was rendering to his clients... .
10. On July 22, 1993, Judge McAllister presided in the case of State v. Constantino, handled by Mr. Hudzietz, which trial resulted in a guilty verdict. Judge McAllister imposed a sentence of 60 days jail time. The following day, July 23, the public defender's secretary Linda Melvin phoned the Judge's chambers to set a supersedeas bond hearing. Judge McAllister initially refused to hold any hearing; then instructed her judicial assistant to set it a month down the road. Judge McAllister did not agree to an earlier date until her judicial assistant warned her that this "might come back to haunt [her]". Judge McAllister instructed her judicial assistant to give the public defender's office two dates some ten to fourteen days in the future and to tell them that these were the first dates available. At the time Judge McAllister gave these instructions, the information was untrue. Judge McAllister had earlier dates available on her calendar.
11. As instructed by Judge McAllister, her judicial assistant called the public defender's office and told Linda Melvin that the next available hearing dates were August 3 and August 6, 1993.
12. Dissatisfied with the dates received from Judge McAllister's chambers, public defender McMillan filed a petition for writ of habeas corpus. That petition was heard by the criminal administrative Judge, Brandt C. Downey, III on July 27, 1993, who routinely heard habeas matters. Judge Downey denied the petition, but set a supersedeas bond.
13. Judge McAllister contacted two circuit judges, Judge Downey and Judge Susan Schaeffer, questioning the public defenders' conduct and the procedure that they had used in filing the petition. Judge Downey testified that Judge McAllister was upset at the public defenders for "going over her head or behind her back". Both judges explained to Judge McAllister that the public defenders had acted appropriately.
14. On July 28, 1993, three assistant state attorneys were summoned to Judge McAllister's chambers by the Judge to discuss the Constantino case. No public defender was given notice or was present during the discussion which took place between the Judge and the State. At a bond revocation hearing that same day, Judge McAllister accused the public defenders of going over her head and acting in a "devious" manner based on ex parte information she received from the State... .
15. On August 5, 1993, at approximately 8:30 a.m., Judge McAllister called the case of State v. Turner, Civil 92-81962TRASP for trial. Public defender Hudzietz moved to continue the trial on the basis that the defender was in a felony trial that morning. The State voiced no objection and the cause was continued to September 2.
16. Some two and one-half hours later, Judge Schaeffer (to whom the Turner felony case was assigned) continued the felony case and re-set it for trial on September 2, 1993. State v. Turner, Case No. CRC 93-03797-CFANO. The new felony trial date was selected by Judge Schaeffer together with the felony assistant state attorney Evan Brodsky and assistant public defender, Craig LeValley. The fact that both *176 cases were re-set for September 2 was nothing more than a coincidence.
17.

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Bluebook (online)
646 So. 2d 173, 1994 WL 556891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mcallister-fla-1994.