Mere Veneer
The Florida Commission on Judicial Qualifications proposes a 30-day suspension without pay of a judge
The Commission’s investigation found that while campaigning for Polk County Judge in 2022, John B. Flynn (“Judge Flynn” or “Respondent”) made comments on social media, and used advertisements containing statements evincing an inappropriate bias in favor of law enforcement agencies or against people accused of crimes. Specifically, the Commission finds clear and convincing evidence that Judge Flynn’s campaign made repeated use of words and phrases signaling his support for law enforcement agencies in a way that could cast doubt on his impartiality
The inappropriate comments and statements, which Judge Flynn acknowledges he either personally wrote or approved the use of, include
O “Support Law Enforcement”;
O “Support our law enforcement agencies”;
O “#supportlawenforcement”;
O “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. I hope that is helpful because that is the truth.”;
O “…1 am not afraid of hurting peoples [sic] feelings if I was this would be the wrong job, 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.”
Statements such as these are clearly inconsistent with the impartiality, integrity, and independence of the judiciary. There 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. There is little discernible difference between statements of support such as these, and a judicial candidate openly advertising that he or she “Supports Personal Injury Lawyers,” or “Supports Insurance Defense.” Indeed, the only difference might be that the stakes are greatly increased in criminal cases where a person’s liberty is at stake
The Commission is aware that Judge Flynn also made comments to the effect that he would “follow the Constitution and the rule of law,” and that “Everyone will get a fair trial and be treated with respect…”, and “I will adhere to the rule of law.” Given, however, that these phrases were interspersed throughout his campaign theme of “Support Law Enforcement” and “Criminals won’t like to see me on the bench,” it is difficult to escape the conclusion that the statements about fair treatment were mere veneer.
Recommended sanction
The Judicial Qualifications Commission, therefore, finds and recommends that the interests of justice, public welfare, and sound judicial administration are best served by requiring Judge Flynn to receive a public reprimand and be suspended for 30 days without pay.
(Mike Frisch)