Inquiry Concerning a Judge, No. 98-347, re Schwartz

755 So. 2d 110, 25 Fla. L. Weekly Supp. 259, 2000 Fla. LEXIS 660
CourtSupreme Court of Florida
DecidedMarch 30, 2000
DocketNo. SC95422
StatusPublished
Cited by2 cases

This text of 755 So. 2d 110 (Inquiry Concerning a Judge, No. 98-347, re Schwartz) 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. 98-347, re Schwartz, 755 So. 2d 110, 25 Fla. L. Weekly Supp. 259, 2000 Fla. LEXIS 660 (Fla. 2000).

Opinion

PER CURIAM.

The Judicial Qualifications Commission (JQC) recommends that we publicly reprimand Judge Alan R. Schwartz, Chief Judge of the Third District Court of Appeal, for exhibiting intemperate and discourteous behavior during oral argument in two appellate proceedings. We have jurisdiction. See Art. V, § 12, Fla. Const. As explained in more detail below, based on the stipulated facts, the JQC’s recommendation is approved.

On April 26, 1999, the'JQC filed in this Court a notice of formal proceedings against Judge Schwartz, setting forth in pertinent part the following:

PRELIMINARY STATEMENT
Despite repeated warnings and advice from this Commission to refrain from [111]*111rude, impatient, and discourteous remarks from the bench addressed to or about counsel or their clients, or otherwise to refrain from verbal abuse of those appearing before you, you have continued to engage in such conduct as hereafter described. These prior warnings include those delivered to you in a Rule 6(c) meeting held with you on or about February 23,1993, again in a Rule 6(b) hearing in cases number 92-305 and 93-151 held on or about December 17, 1993, and still again in a conversation with the then vice-chairman of the Commission in or about June 1996 relating to case number 96-194. The episodes herein described are particularly serious because they each involved verbal abuse of law students known to you to be making initial appearances before your court.
COUNT ONE
1. On or about May 26, 1998, you presided over a three-judge oral argument panel of your Court sitting in Miami, Florida. Present in the courtroom was Amy Ronner, Esq. (“Professor Ron-ner”), co-author of a legal text relating to Florida appellate practice, and a member of the law faculty of St. Thomas University. Professor Ronner was present because she is a special assistant public defender of Miami-Dade County assigned to assist or observe her students from St. Thomas University School of [L]aw in connection with their presentation as certified legal interns of the case for the appellant in the final case on the docket, A.J.B. v. State, No. 97-3243.
2. During argument of other cases in the first portion of the docket, on several occasions you needlessly and rudely asked sarcastic and irrelevant questions of counsel in those cases followed by derogatory comments designed to embarrass Professor Ronner and to denigrate her text. For example, and not by way of limitation, you asked one lawyer if the podium had “appellee” or appellant” written on it, and upon receiving an answer you said, “Ms. Ronner will be glad to hear that.” On another occasion you asked an attorney if the attorney knew the time at which the second portion of the calendar began, and when the lawyer said “10 o’clock,” you said, “Well, Ms. Ronner says it is 10:30.”
3. A.J.B. v. State was to be argued by legal intern Kelly Lynch, a student of Professor Ronner. Before Ms. Lynch began to speak for the appellant, you stated that “There is one case which no one has mentioned, which is dispositive of this case.” Without identifying a case dealing with the merits of A.J.B., you asked Ms. Lynch, “have you ever heard of the Anders case?” This was an obvious reference to Anders v. California, 386 U.S. 738[, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967)], a case relating to the appropriate action to be taken by appellate counsel in a cause in which the counsel in good faith believes that there is no justiciable issue. In response to the question regarding the Anders case, Ms. Lynch said, “Yes, but ...” She was interrupted, by your asking, “Are you aware I can sanction legal interns?”
4. Again Ms. Lynch began to speak, only to be interrupted by you again. You asked, “Doesn’t the writer of the treatise teach you that it is wrong to argue frivolous appeals?” As Ms. Lynch sought once more to answer, you stood up and walked out of the courtroom. The other panel members then walked out after you. The case was affirmed per curiam on June 3, 1998[. See A.J.B. v. State, 717 So.2d 1020 (Fla. 3d DCA 1998) (table decision)].
5. Your actions needlessly reflected upon Professor Ronner and prevented Ms. Lynch (or the assistant attorney general who was present) from either explaining why they had overlooked a case on the merits, why it might not be relevant, or why a good faith argument could not be made for a change in the [112]*112law. Further, your actions in effect deprived the appellant of an oral argument in support of his appeal. Your conduct also appeared to demonstrate unacceptable bias and prejudice toward the certified legal intern program or its mentor.
COUNT TWO
6. On or about December 14, 1998, you presided over a three-judge oral argument panel sitting in Miami, Florida, in the case of K.D.D. v. State, No. 98-1545. Professor Ronner was again present in the courtroom.
7. This case was to be argued for the appellant by certified legal intern Annabel C. Majewski, also a student of Professor Ronner. As soon as Ms. Majew-ski began her argument, you interrupted and began berating her with questions and comments deriding her position. For example, you asked Ms. Majewski whether Professor Ronner had ever filed an Anders brief in any case. Ms. Ma-jewski responded, “Not that I know of.” You then asked, “Do you think it is appropriate for frivolous cases to be argued to the court and for any law school program to waste this court’s time?” When Ms. Majewski tried to explain why her position was not frivolous and to cite cases which supported it, you again interrupted her and told her to save the rest of the time for rebuttal “if there is rebuttal.” The State then rested on its brief, and therefore there was not opportunity for the appellant to be further heard. The case was later summarily affirmed. [See K.D.D. v. State, 727 So.2d 933 (Fla. 3d DCA 1998) (table decision).]
8. When the last case had been called, Professor Ronner and the clinic students began to leave the courtroom. As she left you spoke loudly to Ms. Ronner to gain her attention by stating, “Ms. Ronner ... Ms. Ronner.” When she acknowledged your call to her, you said in a sarcastic manner, “So this is what you call training?”, or words to that effect.
9. Your actions again needlessly reflected upon Professor Ronner, prevented Ms. Majewski from effectively representing the appellant, and deprived the appellant of an oral argument in support of his appeal. Your conduct appeared to demonstrate unacceptable bias and prejudice toward the certified legal intern program or its mentor.

The JQC asserted that the facts set forth in the notice, if true, would establish that Judge Schwartz engaged in conduct unbecoming a member of the judiciary in violation of Canons 1, 2, and 3 of the Code of Judicial Conduct.1

Subsequent to receiving the notice, Judge Schwartz entered into a stipulation with the JQC. In the stipulation, the parties accepted as true the facts set forth in the notice. Concomitantly, Judge Schwartz waived his right to a hearing and agreed to submit no further evidence or pleadings in the proceedings against him.

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Related

In re the Disciplinary Proceeding Against Eiler
169 Wash. 2d 340 (Washington Supreme Court, 2010)
In Re Schwartz
755 So. 2d 110 (Supreme Court of Florida, 2000)

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Bluebook (online)
755 So. 2d 110, 25 Fla. L. Weekly Supp. 259, 2000 Fla. LEXIS 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inquiry-concerning-a-judge-no-98-347-re-schwartz-fla-2000.