Ex Parte Zoom Soliloquy Draws Proposed Sanction Of Florida Judge
The Florida Judicial Qualifications Commission recommends a 30-day suspension, public reprimand and three-month disqualification from criminal matters of a Liberty County judge
On the morning of June 15, 2023, immediately following a court hearing being conducted by Zoom, Judge Hosford dismissed an Assistant Public Defender from the Zoom meeting and instructed the Assistant State Attorney to remain on the Zoom call. Judge Hosford told the Assistant Public Defender that he was not going to speak with the prosecutor about “a particular—any pending case,” but that he wanted to “find out, you know, about who’s going to be doing my court, what the turnover is and that sort of thing.” (T._1/ lines 6-11). Based on the discussion that actually occurs, it is quite clear that this explanation to the Public Defender is, at best, misleading
Over the course of the next approximately 27 minutes, Judge Hosford addresses his concerns over the prosecutor’s decision to decline to file charges in a theft case where Judge Hosford had, just the day before, personally approved an arrest warrant for the accused. During the Zoom meeting, while addressing his displeasure with the way the prosecutor had declined to prosecute the case, Judge Hosford also admits to having provided investigative advice to the detective investigating the crime, including suggesting to the detective that he might get a search warrant to obtain more evidence of the crime. (T. 5/ lines 4-6) Judge Hosford also suggests to the prosecutor that he should have the detective “rework it and bring it back to me and I will issue it with supplemental.” (T. 8/ lines 10-12). To his credit, the prosecutor did not follow that suggestion, and Judge Hosford has since recused himself from this case specifically, and all criminal cases, as will be discussed below.’
During the June 15 conversation, Judge Hosford also made other comments clearly evincing a bias in favor of law enforcement. Among those statements, Judge Hosford told the prosecutor that his job is “to back up your sheriff, to back up your officer. That’s your job. And to back up your Judge.” (T._3/ lines 17-19). Judge Hosford continues, “And, yes, there were times that as a Judge I’d probably erred on the side of supporting them on a case that the community was upset about. It’s a small community you know, sometimes the characters are involved in crime.” He adds, “We’re still bound by the rules of evidence.” (T._3/ lines 20-25). The Commission is, frankly, at a loss to understand these stunningly inappropriate comments.
Part of the sanction
Recognizing the potential hardship that his inability to preside over criminal matters might create for the Circuit, Judge Hosford will pay a $2,000 fine intended to ameliorate the cost to the State of Florida for having to arrange coverage of his, approximately, one-day-a-month criminal docket.
Judge Hosford will also provide letters of apology to the Assistant Public Defender and Assistant State Attorney involved in the June 15 Zoom call
Finally, in order to avoid the possibility of such ex-parte conversations reoccurring, Judge Hosford is placing signage outside his chambers noting that he is not permitted to have ex-parte communications with any person about any case, and will notify the Sheriff and other law enforcement agencies, in writing, that he is not permitted to discuss pending or impending cases. Judge Hosford will establish a procedure to review proposed warrants electronically, without any contact with the requesting law enforcement officers- except where an emergency exists. Judge Hosford will also complete six additional Continuing Judicial Education credits on ethics topics.
In the immortal words of Major Strasser, the conversation was a trifle one-sided
“Soliloquy” is perhaps a more accurate description of the call, since the conversation is almost completely one sided. The prosecutor barely speaks and gives mostly pro forma responses.
(Mike Frisch)