Inquiry Concerning a Judge

832 So. 2d 716, 27 Fla. L. Weekly Supp. 945, 2002 Fla. LEXIS 2396, 2002 WL 31478528
CourtSupreme Court of Florida
DecidedNovember 7, 2002
DocketNo. SC00-2226
StatusPublished
Cited by16 cases

This text of 832 So. 2d 716 (Inquiry Concerning a Judge) 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
Inquiry Concerning a Judge, 832 So. 2d 716, 27 Fla. L. Weekly Supp. 945, 2002 Fla. LEXIS 2396, 2002 WL 31478528 (Fla. 2002).

Opinion

PER CURIAM.

We have for review the recommendation of the Judicial Qualifications Commission (JQC) that Judge Cynthia A. Holloway be disciplined. We have jurisdiction, see art. Y, § 12, Fla. Const., and approve the findings and the recommended sanctions.1

I. BACKGROUND

Most of the charges levied against Judge Holloway stem in some manner from a severely contested custody dispute between a close friend of Judge Holloway and the father of that friend’s minor daughter. The custody dispute involved alleged sexual abuse of the minor daughter by the father, and Judge Holloway was a witness under subpoena in the case. The amended charges levied by the Investigative Panel against Judge Holloway and the Hearing Panel’s guilt findings were as follows:

CHARGE:
1. You were a witness in the case of Adair v. Johnson, No. 97-11697, Circuit Court of Hillsborough County (“the Adair case”), and a close friend of Ms. Robin Adair, the petitioner in that case. During the pendency of this case you abused your powers as a judge, and improperly utilized the prestige of your office by the following actions:
(a) On or about February 24, 2000, you telephoned Detective John Yar-atch of the Tampa Police Department, who was then conducting a criminal investigation involving the parties in the Adair case, and sought to influence his investigation, inter alia, by suggesting that an interview of the daughter of the parties be held at the Child Advocacy Center, by furnishing Det. Yaratch with your cellular phone number, and by requesting that he keep you apprised on developments in the case.
PANEL FINDING:
Guilty, but only as viewed in the overall context of this case and the further charges herein. Standing alone, this charged conduct would probably not warrant discipline.
CHARGE:
(b) Between the time of the conversation of February 24, 2000 and ap[718]*718proximately March 3, 2000, you again spoke with Det. Yaratch about his case, seeking to influence his investigation.
PANEL FINDING:
This charge was voluntarily withdrawn by the prosecution and thus the Panel makes no finding as to this allegation.
CHARGE:
(c) On or about March 3, 2000, you entered the hearing room of the Honorable Ralph C. Stoddard, presiding judge in the Adair case, and spoke to Judge Stoddard, about the case in the presence of others in a loud, angry, and temperamental manner, and shook your finger at Judge Stoddard. Among other things, you criticized the time it took for the parties in the Adair case to obtain an emergency hearing in Judge Stoddard’s Division, criticized Judge Stoddard’s leaving the daughter of the parties in the custody of a third party, stated it would be of concern to you if the respondent father might obtain custody of the child and insisted or demanded that Judge Stoddard hold an early hearing in the matter. In an attempt to influence Judge Stoddard’s decision in the case, you described the petitioner and her daughter as “the two people in the world dearest to me,” and stated that the petitioner was a good mother who was protective of her child. The ex parte contact contributed to Judge Stoddard’s recu-sal in the case.
PANEL FINDING:
Judge Holloway has, from the beginning, admitted this was improper conduct and she has apologized to Judge Stoddard. Despite the admission of guilt to the charge, substantial evidence was presented by the prosecution and responded to by the defense concerning the details of the contact with Judge Stoddard. This evidence was in sharp conflict. The Panel finds guilt on the charge and some of the details will be further addressed herein.
CHARGE:
2. On or about March 3, 2000, while in the Chambers of Judge Stoddard you falsely suggested and/or implied that Ronald Russo, attorney of the respondent in the Adair case had an improper hold on Judge Stoddard.
(a) In addition you demeaned the judicial office by making a crude remark to Judge Stoddard by implying that the respondent in the Adair case “must have pictures (with Judge Stod-dard) and a dog, and that’s why somebody can get something out of you and nobody else can.”
PANEL FINDING:
Guilty as charged. Judge Holloway admitted guilt as to this charge.
CHARGE:
3. On or about July 19, 2000, in Tampa, Florida, you were deposed in the Adair case by the respondent [Mark Johnson] acting pro se. Upon being duly sworn you testified as follows:
Q. Have you or anyone in your office . ever contacted law enforcement about this case.
A. Yes.
Q. Who and when, if you can recall?
A. I think just to determine who was going to investigate the most recent allegation, just to find out the name ' of the detective attached to the file.
Q. Did you ever speak to the detective?
A. I’ve spoken to the detective a lot, but not necessarily about this case. I don’t recall whether I spoke to him directly or not. I don’t believe that I did.
[719]*719This testimony was false or misleading because you had in fact contacted Detective Yaratch as set forth in paragraph 1(a) above.
PANEL FINDING:
Guilty as charged.
CHARGE:
4. On or about July 19, 2000, in Tampa, Florida, you were deposed in the Adair case by the respondent [Mr. Johnson] acting pro se. Upon being duly sworn you testified as follows:
Q. When did you learn that [P.A.] [the daughter of the petitioner and respondent] had been sheltered?
A. On a Saturday [February 26, 2000] morning. I don’t really recall the date or the time. I was at the baseball field, I think, or softball field.
Q. Did Cindy Tigert call you?
A. Yes.
Q. What was your reaction?
A. I was shocked.
Q. Did you do anything in response to that development in the case?
A. I don’t recall being able to do anything at that point.
Q. Did you contact [Judge] Ralph Stoddard?
A. No.
Q. Did you telephone him, contact him in anyway?
A. No.
Q. Did you go see him?
A. No.

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Bluebook (online)
832 So. 2d 716, 27 Fla. L. Weekly Supp. 945, 2002 Fla. LEXIS 2396, 2002 WL 31478528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inquiry-concerning-a-judge-fla-2002.