Inquiry Concerning a Judge, Nos. 99-10 & 00-17

797 So. 2d 560, 26 Fla. L. Weekly Supp. 522, 2001 Fla. LEXIS 1581
CourtSupreme Court of Florida
DecidedAugust 16, 2001
DocketNos. SC95886, SC00-703
StatusPublished
Cited by1 cases

This text of 797 So. 2d 560 (Inquiry Concerning a Judge, Nos. 99-10 & 00-17) 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, Nos. 99-10 & 00-17, 797 So. 2d 560, 26 Fla. L. Weekly Supp. 522, 2001 Fla. LEXIS 1581 (Fla. 2001).

Opinion

PER CURIAM.

We have for review the findings and recommendation of the Judicial Qualifications Commission (“JQC”) that County Judge Matthew E. McMillan (“Judge McMillan”) be removed from office. We have jurisdiction. Art. V, § 12, Fla. Const. For the reasons expressed below, we approve the findings and the recommendation for removal.

CHARGES

This case arose out of three sets of charges brought against Judge McMillan by the JQC, pursuant to rule 6(f) of the Florida Judicial Qualifications Commission Rules. Essentially, the charges assert that Judge McMillan engaged in conduct that raises a serious issue as to his ability to preside as a judge in an unbiased and impartial manner, and that diminishes public confidence in Florida’s justice system. Judge McMillan was charged with: (1) making explicit campaign promises to favor the State and the police in court proceedings; (2) making explicit promises that he would side against the defense; (3) making unfounded attacks on an incumbent county judge; (4) making unfounded attacks on the local court system and local officials; and (5) improperly presiding over a court case in which he had a direct conflict of interest.

The record reveals that formal proceedings were originally instituted against Judge McMillan on June 29, 1999, on the basis of alleged improprieties during his 1998 campaign for the office of County Court Judge in Manatee County, Florida (Supreme Court Case No. SC95886). Judge McMillan was charged with improper conduct including explicit statements indicating his bias for the State and police in criminal prosecutions, and also misleading and false statements regarding the local justice system, his opponent and others, in violation of canons of the Code of Judicial Conduct (“the code”),1 constituting the first set of charges (“the election case”). The specific charges asserted:

1. During the campaign, in violation of Canon 1, Canon 2(A), Canon 3(b)(5), Canon 7(A)(3)(a), and Canons 7(A)(3)(d)(i)-(iii), you distributed a piece of campaign literature entitled, “A Fellow Police Office[r] Speaks Out,” in which you stated that “Judge Brown has never been friend to law enforcement in the Courtroom,” and further invited law enforcement officers to “imagine a judge who [would] go to bat for [them].” In that same literature, you also stated that law enforcement officers had the opportunity to “support a fellow police officer who has been there and [would] go to bat” for them as opposed to simply pledging or promising the faithful and impartial performance of your duties in office.
2. In violation of Canon 1, Canon 2(A), Canon 3(b)(5), Canon 7(A)(3)(a) and Canons 7(A)(3)(d)(i)-(iii), in the same campaign literature referenced in paragraph 1, you suggested that you would show bias or partiality toward law enforcement by not suppressing evidence; not overturning convictions; not reducing bail bonds; and not giving lenient [563]*563sentences, as opposed to simply pledging or promising the faithful and impartial performance of your duties in office.
3. During the campaign, in violation of Canon 1, Canon 2(A), Canon 7(A)(3)(a), and Canons 7(A)(3)(d)(i)-(ii), you falsely or misleadingly asserted that your opponent, Judge George Brown, the incumbent, asserted pressure upon Manatee County Sheriff Charlie Wells not to support you and that Judge Brown had pressured law enforcement officers for preferential treatment for his children when they were arrested.
4. During the campaign, in violation of Canon 1, Canon 2(A), Canon 3(b)(5), Canon 7(A)(3)(a) and Canons 7(A)(3)(d)(i)-(ii), you stated in a letter to the Honorable Earl Moreland, State Attorney for the Twelfth Judicial Circuit, on which you copied the media, that you would “always have the heart of a prosecutor.” At a minimum, statements of this nature 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. You echoed this same theme in other campaign literature when you stated that you would not “rubber stamp” deals reached between prosecutors and defense attorneys and that you anticipated defense attorneys would not be happy with you as judge.
5. During the campaign, in violation of Canon 1, Canon 2(A), Canon 3(B)(5), Canon 7(A)(3)(a) and Canons 7(A)(3)(d)® & (iii), you asserted in a campaign brochure that Manatee County and crime victims had lost millions of dollars in unpaid fines and court costs due to the actions of your opponent. The brochure fails to distinguish between unpaid fines and court costs arising out of felony matters versus those arising solely out of county court matters, thereby giving the false or misleading impression that the millions of dollars in unpaid fines and court costs were directly attributable to the conduct of your opponent and the overall failure of the administration of justice in Manatee County.
6. During the campaign, in violation of Canon 1, Canon 2(A), Canon 7(A)(3)(a), and Canons 7(A)(3)(d)(i)-(iii), you published a brochure entitled, “16-Year Judge Brown Treats Crime Like a Part-Time Problem,” and made other campaign statements, including statements in a submission to the editorial board of The Bradenton Herald, in which you engaged in a continued and deliberate attempt to foster the impression that the incumbent was not working as a full-time judge or was otherwise not maintaining a full-time work schedule. For example, in the brochure entitled, “16-Year Judge Brown Treats Crime Like a Part-Time Problem,” you deliberately misrepresented the hours per week that the incumbent worked as well as days off the incumbent took by giving the false or misleading impression that the incumbent took 86 days “off from court” in 1996 and 84 days “off from court” in 1997.
7. During the campaign, in violation of Canon 1, Canon 2(A), Canon 7(A)(3)(a), and Canon 7(A)(3)(d)(iii), and in the same brochure entitled, “16-Year Judge Brown Treats Crime Like a Part-Time Problem,” you falsely or misleadingly stated that the court system was overloaded and blamed this condition on the failure of your opponent, the incumbent, to perform the duties of his office.
8. During the campaign, in violation of Canon 1, Canon 2(A), Canon 7(A)(3)(a), and Canons 7(A)(3)(d)(i)-(iii) in a packet of campaign materials you furnished to the editorial board of The Bradenton Herald, you falsely or mis[564]*564leadingly represented the incumbent’s sentencing practices and procedures with respect to: (i) violation of probation in domestic battery cases; and (ii) prostitution cases.
9. During the campaign, in violation of Canon 1, Canon 2(A), Canon 3(b)(9), Canon 7(A)(3)(a), and Canons 7(A)(3)(d)(i)-(iii), you falsely and misleadingly misrepresented the incumbent’s actions as to the sentencing of a defendant, Vincent Born, by giving the impression that the defendant had served no jail time when, in fact, the defendant had served a substantial number of days in jail before his guilty plea was accepted.
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Related

In Re McMillan
797 So. 2d 560 (Supreme Court of Florida, 2001)

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Bluebook (online)
797 So. 2d 560, 26 Fla. L. Weekly Supp. 522, 2001 Fla. LEXIS 1581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inquiry-concerning-a-judge-nos-99-10-00-17-fla-2001.