F-Bombs And Out Like Flynn
The Florida Supreme Court has issued opinions in two judicial misconduct matters.
A 60-day suspension and reprimand was imposed for intemperate conduct
On February 9, Samuel Perez appeared before Judge Culver at a hearing to determine whether Perez had violated an injunction requiring him to complete a “batterer’s intervention program.” The Commission found that Perez “was polite and respectful at the hearing, and apologetic for failing to complete the [program] earlier.” Judge Culver “nevertheless found him in direct criminal contempt based on failure to complete the [program], sentenced him to the maximum 179 days in jail, and had Mr. Perez summarily taken into custody.” Judge Culver cut off Perez when the latter asked to address the court. A woman seated in the gallery stood up and began to address the court, but within a few seconds Judge Culver told her: “Ma’am, sit down or you’re going to go into custody as well.” The Fifth District Court of Appeal later concluded that Judge Culver’s handling of the contempt proceeding violated the governing rules of procedure, in part by failing to offer Perez a meaningful opportunity to present mitigation testimony. Perez v. State, 334 So. 3d 742, 742 (Fla. 5th DCA 2022). After Perez had already spent more than a month in jail, the district court granted an emergency habeas petition for his release.
The day after the hearing in the Perez case, Kevin Newton was scheduled to appear before Judge Culver. Newton entered the courtroom while a different hearing was underway, and he could not find a seat. According to the Commission, “Judge Culver noticed him, and yelled in a loud, aggressive voice, ‘Sir, I’m doing something here. Could you shut up and sit down.’ ” Newton responded that he was trying to find a seat. To which Judge Culver replied: “That’s not shutting up. You want to be held in contempt and go to jail? I asked you a f*****g question, a*****e.” Newton answered, “No, Sir,” and Judge Culver said, “Then shut up.” The Commission tells us that, at his disciplinary hearing, “Judge Culver admitted shocking himself by his use of profanity, and that members of the public would rightly be appalled.”
The other matter involved campaign misconduct
During a successful 2022 race for Polk County Judge, John B. Flynn and his campaign repeatedly signaled support for law enforcement agencies in a way that could cast doubt on his impartiality. The Judicial Qualifications Commission and Judge Flynn have filed in this Court an Amended Stipulation and Amended Findings and Recommendation of Discipline agreeing that Flynn’s conduct violated Canons 7A(3)(a), 7A(3)(b), 7A(3)(c), and 7A(3)(e)(i) of the Code of Judicial Conduct. The parties further agree that Judge Flynn should be disciplined by the imposition of a 25- day suspension without pay and a public reprimand. We accept the stipulation and findings and will impose the recommended discipline.
Promises, promises
According to the parties’ stipulation, Judge Flynn made or approved the following statements during his 2022 judicial campaign: “Support law enforcement”; “Support our law enforcement agencies”; “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”; and “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.” Because of these statements, when Judge Flynn took office, his chief judge had to make administrative adjustments to ensure that Flynn was not assigned to a criminal docket. Consistent with our precedents, we treat these stipulated facts as supported by clear and convincing evidence. In re Bailey, 267 So. 3d 992, 995 (Fla. 2019).
We agree with the Commission and Judge Flynn that these statements, viewed in their totality, constitute “very serious” misconduct.
Sanction
In fashioning its recommended discipline, the Commission noted Judge Flynn’s immediate acceptance of responsibility, his remorse, and his cooperation with the panel investigating his case. The Commission also considered Flynn’s newness to the bench and his clean disciplinary record as a lawyer and judge. We agree with the Commission that these are mitigating circumstances.
For all these reasons, we approve the Amended Stipulation and Amended Findings and Recommendation of Discipline in this matter. Judge Flynn is hereby suspended from his judicial duties for 25 days, without pay, effective on a date within 30 days of the issuance of this opinion and as determined by the Chief Judge of the Tenth Judicial Circuit. We further order Judge Flynn to appear before this Court for the administration of a public reprimand at a time to be established by the Clerk of this Court.
(Mike Frisch)