Inquiry Concerning a Judge, No. 99-09, re Kinsey

842 So. 2d 77, 28 Fla. L. Weekly Supp. 97, 2003 Fla. LEXIS 103
CourtSupreme Court of Florida
DecidedJanuary 30, 2003
DocketNo. SC96629
StatusPublished
Cited by1 cases

This text of 842 So. 2d 77 (Inquiry Concerning a Judge, No. 99-09, re Kinsey) 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. 99-09, re Kinsey, 842 So. 2d 77, 28 Fla. L. Weekly Supp. 97, 2003 Fla. LEXIS 103 (Fla. 2003).

Opinions

PER CURIAM.

We review the recommendation of the Judicial Qualifications Commission (“JQC”) that Judge Patricia Kinsey be disciplined. We have jurisdiction. See art. V, § 12, Fla. Const.

CHARGES

This case arose out of charges brought against Judge Kinsey alleging that she engaged in a pattern of improper conduct [80]*80during the course of her 1998 election campaign for the office of County Court Judge for Escambia County. Formal proceedings were officially instituted against Judge Kinsey on September 9, 1999, when she was initially charged with eleven ethical violations, all based upon conduct occurring during her election campaign. These charges were amended on March 8, 2000, to include an additional allegation which related to a radio advertisement that was aired during the campaign. A hearing was held before the JQC on June 12-13, 2000, at which time the campaign brochures and radio excerpts were the primary evidence used to support the charges. The JQC found Judge Kinsey guilty or guilty in part of nine ethical violations:

CHARGE:
1.During the campaign, in violation of Canon 1, Canon 2A, Canon 3B(5), Canon 7A(3)(a), and Canons 7A(3)(d)(i)-(ii), you distributed a piece of campaign literature entitled, “Pat Kinsey: The Unanimous Choice of Law Enforcement For County Judge ” in which you stated that “police officers expect judges to take their testimony seriously and to help law enforcement by putting criminals where they belong ... behind bars,” as opposed to simply pledging or promising the faithful and impartial performance of your duties in office....
PANEL FINDING:
1. Guilty as charged.
CHARGE:
2. During the campaign, in violation of Canon 1, Canon 2A, Canon 3B(5), Canon 7A(3)(a), and Canons 7A(3)(d)(i)-(ii), you reiterated your commitment to the prosecution side of criminal cases by distributing a piece of campaign literature entitled, “If You Are a Criminal, You Probably Won’t Want to Read This,” in which you stated that “police officers expect judges to take their testimony seriously and to help law enforcement by putting criminals where they belong ... behind bars!,[”] as opposed to simply pledging or promising the faithful and impartial performance of your duties in office....
PANEL FINDING:
2. Guilty as charged.
CHARGE:
3. During the campaign, in violation of Canon 1, Canon 2A, Canon 3B(5), Canon 7A(3)(a), and Canons 7A(3)(d)(i)-(ii), you distributed a similar piece of campaign literature entitled, “Let’s Elect ‘Pat’ Kinsey for County Judge,” in which you reiterated that “a judge should protect victims’ rights,” and that judges must support “hard-working law enforcement officers by putting criminals behind bars, not back on our streets,” as opposed to simply pledging or promising the faithful and impartial performance of your duties in office.... At a minimum, statements of the nature of those identified in paragraphs 1, 2, and 3 erode public confidence in the integrity and impartiality of the judiciary and commit or appear to commit you with respect to issues that may come before the court.
PANEL FINDING:
3. Guilty as charged.
CHARGE:
4. During the campaign, in violation of Canon 1, Canon 2A, Canon 7A(3)(a), and Canons 7A(3)(d)(i)-(ii), you made statements during an interview on a local radio station which exhibited a hostility or apparent hostility towards defendants in criminal cases. By way of [81]*81example, the following colloquy occurred between you and a caller to the radio show on which you appeared:
Caller: [M]y question is mainly pertained to Pat Kinsey. Do you believe that as a Judge, you would be able to stand up there, umm, because I do know that you are pro-law-enforcement, to be able to make a decision without any bias towards the defense or prosecution?
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Pat Kinsey: As a prosecutor, I am different from a defense attorney. I am trained, and I am ethically obliged to look at a case, after an arrest has been made and make a determination, what is just? What is fair? What are the appropriate charges? ... This is something that is much different from what a defense attorney does. Much like Bill Green before he. went on the bench, he was a defense attorney, that type of attorney. He is trained, and he is ethically obliged at that time to zealously advocate for his client. That is, do whatever he could, under the law, to get his client free. And that is why I think we have such a philosophical difference, between us. I think, in my opinion, that Judge Green is still in that defense mode. (emphasis added)
As evidenced by the caller’s belief that you were “pro-law enforcement” coupled with: your (i) failure to disavow the caller of your apparent bias towards law enforcement; and (ii) attempt to portray the incumbent as “still in that defense-mode,” you left the firm and definite impression that, as a judicial officer, you would be in a “prosecution mode” and not rule in an even-handed and impartial manner....
PANEL FINDING:
4. Not guilty as to “failure to disavow” but otherwise guilty as charged.
CHARGE:
5. During the campaign and in violation of Canon 1, Canon 2A, Canon 7A(3)(a), and Canons 7A(3)(d)(i)-(ii), you made the deliberate attempt to cloak your candidacy in an umbrella of law enforcement' and portray yourself as a “pro-prosecution/pro-law enforcement judge” by:
—disseminating a brochure entitled “Pat Kinsey: The Unanimous Choice of Law Enforcement for County Judge,” ... in which you are shown in a group photograph with ten law enforcement officers;
—stating in a brochure entitled “A Vital Message From Law Enforcement,” ... that “victims have a right to expect judges to protect them by denying bond to potentially dangerous offenders” rather than stating that you would consider bond determinations fairly and impartially based on the circumstances of the particular case (emphasis added);
—pledging in a brochure entitled “The Alternative for County Judge,” ... that you would “bend over backward to ensure that honest, law-abiding citizens are not victimized a second time by the legal system that is supposed to protect them” (emphasis added);
—highlighting in several of your campaign brochures that you had the “unanimous support of law enforcement” and that “area police officers [had] unanimously endorsed Pat Kinsey for County Judge,” thereby further reinforcing your alliance with law enforcement;
• — emphasizing in a brochure entitled “If You Are a Criminal, You Probar [82]*82bly Won’t Want to Read This,” ... that “Above all else, Pat Kinsey identifies with the victims of crime,” and that

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Related

In Re Kinsey
842 So. 2d 77 (Supreme Court of Florida, 2003)

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Bluebook (online)
842 So. 2d 77, 28 Fla. L. Weekly Supp. 97, 2003 Fla. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inquiry-concerning-a-judge-no-99-09-re-kinsey-fla-2003.