Inquiry Concerning a Judge JQC Nos. 2023-006 & 2023-067 Re: Hon. John B. Flynn

• Court: Supreme Court of Florida
• Decided: November 27, 2024
• Docket: SC2023-1435
• Status: Published

Opinion

Supreme Court of Florida ____________

No. SC2023-1435 ____________

INQUIRY CONCERNING A JUDGE JQC NOS. 2023-006 & 2023-067 RE: HON. JOHN B. FLYNN.

November 27, 2024

PER CURIAM.

During a successful 2022 race for Polk County Judge, John B.

Flynn and his campaign repeatedly signaled support for law

enforcement agencies in a way that could cast doubt on his

impartiality. The Judicial Qualifications Commission and Judge

Flynn have filed in this Court an Amended Stipulation and

Amended Findings and Recommendation of Discipline agreeing that

Flynn’s conduct violated Canons 7A(3)(a), 7A(3)(b), 7A(3)(c), and

7A(3)(e)(i) of the Code of Judicial Conduct. The parties further agree

that Judge Flynn should be disciplined by the imposition of a 25-

day suspension without pay and a public reprimand. We accept the

stipulation and findings and will impose the recommended

discipline. See art. V, § 12(c)(1), Fla. Const. (“The supreme court may accept, reject, or modify in whole or in part the findings,

conclusions, and recommendations of the commission . . . .”).

According to the parties’ stipulation, Judge Flynn made or

approved the following statements during his 2022 judicial

campaign: “Support law enforcement”; “Support our law

enforcement agencies”; “Criminals won’t be happy to see me on the

bench[.] I am tough[;] if someone is found guilty the punishment

should sting enough for the person to learn criminal behavior won’t

be tolerated”; and “I will sentence based on history because that is

the best indication of future behavior and if they have a history

Grady’s Hotel (aka the jail) is open 24*7 365 days a year.” Because

of these statements, when Judge Flynn took office, his chief judge

had to make administrative adjustments to ensure that Flynn was

not assigned to a criminal docket. Consistent with our precedents,

we treat these stipulated facts as supported by clear and convincing

evidence. In re Bailey, 267 So. 3d 992, 995 (Fla. 2019).

We agree with the Commission and Judge Flynn that these

statements, viewed in their totality, constitute “very serious”

misconduct. Directly relevant here is Canon 7A(3)(b), which

requires candidates for judicial office to “act in a manner consistent

-2- with the impartiality, integrity, and independence of the judiciary.”

Canon 7A(3)(e)(i) is also implicated. That canon prohibits judicial

candidates from making “pledges, promises, or commitments that

are inconsistent with the impartial performance of the adjudicative

duties of the office.” The Commission is right that “[t]here are few

campaign tactics more corrosive to the integrity and impartiality of

the judicial system than a candidate broadcasting his or her

support for one party or another.” We have no trouble agreeing

with the parties that Judge Flynn’s campaign statements, viewed

collectively, violated Canons 7A(3)(a), 7A(3)(b), 7A(3)(c), and

7A(3)(e)(i) of the Code of Judicial Conduct. See In re Kinsey, 842 So.

2d 77, 88-89 (Fla. 2003) (canons violated where judicial candidate’s

statements collectively showed implied pledge to favor law

enforcement).

In fashioning its recommended discipline, the Commission

noted Judge Flynn’s immediate acceptance of responsibility, his

remorse, and his cooperation with the panel investigating his case.

The Commission also considered Flynn’s newness to the bench and

his clean disciplinary record as a lawyer and judge. We agree with

the Commission that these are mitigating circumstances.

-3- For all these reasons, we approve the Amended Stipulation

and Amended Findings and Recommendation of Discipline in this

matter. Judge Flynn is hereby suspended from his judicial duties

for 25 days, without pay, effective on a date within 30 days of the

issuance of this opinion and as determined by the Chief Judge of

the Tenth Judicial Circuit. We further order Judge Flynn to appear

before this Court for the administration of a public reprimand at a

time to be established by the Clerk of this Court.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

Original Proceeding – Judicial Qualifications Commission

Gregory W. Coleman, Chair, and Alexander J. Williams, General Counsel, Judicial Qualifications Commission, Tallahassee, Florida,

for Florida Judicial Qualifications Commission, Petitioner

Victor Smith, Winter Haven, Florida,

for Judge John B. Flynn, Respondent

-4-