Inquiry Concerning a Judge, No. 10-420 re Singbush

93 So. 3d 188, 37 Fla. L. Weekly Supp. 413, 2012 WL 2036005, 2012 Fla. LEXIS 1134
CourtSupreme Court of Florida
DecidedJune 7, 2012
DocketNo. SC11-905
StatusPublished

This text of 93 So. 3d 188 (Inquiry Concerning a Judge, No. 10-420 re Singbush) 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, No. 10-420 re Singbush, 93 So. 3d 188, 37 Fla. L. Weekly Supp. 413, 2012 WL 2036005, 2012 Fla. LEXIS 1134 (Fla. 2012).

Opinion

PER CURIAM.

We have for review a stipulation between the Judicial Qualifications Commission (“JQC”) and Judge William Singbush, as well as the JQC’s findings and recommendation that Judge Singbush be publicly reprimanded, submit to the JQC a signed letter of apology to the public, his fellow judges, and the legal community, and submit written weekly logs to special counsel of the JQC documenting timeliness at court proceedings, for violating the Code of Judicial Conduct. We have jurisdiction. See art. V, § 12, Fla. Const. As explained in detail below, we accept the stipulation and approve the JQC’s findings and recommended sanction.

I. PROCEDURAL HISTORY AND FACTS

A. Proceedings Before the JQC

This action arose when, on May 9, 2011, the JQC served a Notice of Formal Charges on Judge William Singbush, Circuit Judge for Florida’s Fifth Judicial Cir[190]*190cuit, pursuant to rule 6(f) of the Florida Judicial Qualifications Commission Rules. The Notice of Formal Charges stated in pertinent part that the majority of members of the Investigative Panel of the JQC found probable cause existed to institute formal proceedings against Judge Sing-bush for violations of Canons l,1 2A,2 3B(4),3 3B(5);4 3B(7),5 and 3B(8)6 of the Code of Judicial Conduct. Specifically, the Notice of Formal Charges stated multiple allegations of tardiness or actions that caused scheduling inconveniences or inefficiencies. Among them were allegations that Judge Singbush (1) was habitually late for court; (2) offered to resume hearings that could not be concluded in the time allotted at inconvenient dates and times, such as Friday at 5:00 p.m. or Saturday morning; (3) took multiple, lengthy smoke breaks, which compromised the parties’ ability to have their cases heard promptly; (4) routinely failed to appear on time at first appearances for the Marion County Jail, generally arriving at 11:00 а.m. for first appearances scheduled to begin at 9:00 a.m.; (5) took long lunch breaks when scheduled for first appearance duties, which caused proceedings to finish as late as 8:00 p.m.; and (6) had previously responded to allegations of tardiness in responding to a 6(b) Notice of Investigation in JQC# 95-197, which was dismissed by the Investigative Panel.

The Notice of Formal Charges also alleged violations pertaining to Jumbolair, Inc. v. Garemore, No. 02-2312-CA-G (Fla.Marion Cty. Ct.2006), in which Judge Sing-bush presided. Specifically, the notice alleged that Judge Singbush, on his own initiative, and without notice to the parties, undertook to obtain a National Crime Information Center (NCIC) report that pertained to one of the witnesses. This action prompted counsel for Jumbolair to move for a mistrial. In responding to that mo[191]*191tion, Judge Singbush made a statement which introduced religion and religious beliefs into his decision-making process. His statement was as follows:

I don’t know of anybody that’s made a mistake — and except for perhaps one, and for that we murdered him. You know, he was faultless and we murdered him for it. That’s not politically correct but I happen to believe in God.... Christ is the intercessor.

Further, the notice alleged that when the impropriety of obtaining the NCIC report was raised, Judge Singbush gave the document to counsel for that witness, in violation of section 119.071(2)(b), Florida Statutes (2004), and 28 C.F.R. § 20.88. Additionally, after the trial concluded on April 1, 2005, Judge Singbush delayed filing his judgment until April 3, 2006.

Judge Singbush filed an answer to the Notice of Formal Charges on May 31, 2011. On September 2, 2011, Judge Sing-bush filed an amended answer to the Notice of Formal Charges. Ultimately, the JQC charges resulted in an April 18, 2012, stipulation between the JQC and Judge Singbush. In the stipulation filed in this Court, the Investigative Panel issued its Findings and Recommendation, and the panel waived oral argument before this Court. Further, Judge Singbush waived his right to any further hearing or proceedings if this Court accepts the stipulation and recommendations of discipline. He also agreed that this proceeding could be reopened if future complaints of tardiness or inappropriate religious statements were made against him to the JQC. We first examine the findings supporting the stipulation and the disciplinary recommendation.

B. The Stipulation

In the stipulation entered into and filed in this Court on April 18, 2012, Judge Singbush admitted that (1) “since his election in 1991, [he] has been habitually tardy for hearings, first appearances, and trials for which he was the presiding judge”; (2) “when tardy, [he] was often tardy for more than 15 minutes”; (3) “[his] tardiness inconveniences and economically burdens lawyers, litigants and the judicial system”; (4) “the majority of the times [he] was late to [c]ourt were without good cause”; and (5) he did make a statement introducing religion or his religious beliefs into the decision-making process. Judge Singbush further stipulated that since September 2011, he has provided written weekly logs demonstrating timeliness in his attendance at court proceedings to special counsel for the JQC. Judge Singbush also admitted his conduct violated Canons 1, 3B(4), and 3B(8) of the Code of Judicial Conduct. The Investigative Panel, however, found that the religious statement by Judge Singbush was an isolated incident. It also found that he did not act improperly in connection with the NCIC report.

Finally, the JQC and Judge Singbush agreed that a public reprimand is the appropriate discipline under the circumstances of this case. In addition, the JQC and Judge Singbush agreed that Judge Singbush would submit to the JQC a signed letter of apology to the public, his fellow judges, and the legal community, and written weekly logs documenting timeliness at court proceedings to special counsel for the JQC for one year after the stipulation is accepted by this Court. We turn now to the proper scope of review in this case.

II. ANALYSIS

A. Scope of Review

The Court may “accept, reject, or modify in whole or in part the findings, conclusions, and recommendations of the [192]*192[JQC].” Art. V, § 12(c)(1), Fla. Const.7 Under rule 6(j) of the Florida Judicial Qualifications Commission Rules, the Investigative Panel may reach an agreement with a judge stipulating to the findings and recommendation as to discipline, and that stipulation shall be transmitted directly to the Supreme Court for review. See Fla. Jud. Qual. Comm’n R. 6(j).8 When considering whether to approve a stipulation between the JQC and a judge, this Court will consider both the terms of the stipulation and the findings of the JQC. See In re Downey, 937 So.2d 643, 649 (Fla.2006) (citing In re Angel, 867 So.2d 379, 382-83 (Fla.2004)).

“This Court reviews the findings of the JQC to determine if they are supported by clear and convincing evidence and reviews the recommendation of discipline to determine whether it should be approved.” In re Pando, 903 So.2d 902, 903 (Fla.2005).

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Bluebook (online)
93 So. 3d 188, 37 Fla. L. Weekly Supp. 413, 2012 WL 2036005, 2012 Fla. LEXIS 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inquiry-concerning-a-judge-no-10-420-re-singbush-fla-2012.