How Can I Have a Judges Cases Reviewed

Since Oct 20, 2000, this page has been bachelor online to chop-chop distribute to news media and others any documents filed with the Florida Supreme Court in Judicial Qualifications Commission cases involving declared misconduct by Florida land judges or involuntary retirement of a judge due to serious illness. Information technology does non include documents filed before this engagement.

More than information on the JQC and how to file complaints against Florida state judges is available at the end of this document.

Estimate	Filings/Docket	County	Updated
Guess Marni A. Bryson	SC21-546	Palm Embankment	04-05-2022
Approximate Scott Cupp	SC21-391	Charlotte	08-27-2021
Barbara Kaye Hobbs	SC20-605	Leon	08-06-2021
Richard Howard	SC20-1251	Citrus	08-27-2021
Martin Glenn Zilber	SC21-526	Miami-Dade	05-24-2021
JQC Case Athenaeum

How Judges Are Disciplined for Misconduct

The Judicial Qualifications Committee is an independent agency created past the Florida Constitution solely to investigate alleged misconduct by Florida state judges. It is non a part of the Florida Supreme Courtroom or the country courts and operates under rules it establishes for itself. Information technology has its own Judicial Qualifications Committee website. The JQC has no authority over federal judges or judges in other states. Complaints against state judges must be filed in writing with the JQC, not with the Supreme Court or any other country court or judge. Neither the Supreme Courtroom nor its Chief Justice take any authority to investigate declared misconduct past state judges or to investigate the JQC. The JQC can exist reached via the Contact Information on its website or at at:

Judicial Qualifications Committee
Mail service Office Box 14106
Tallahassee, FL 32317
Phone (850) 488-1581

Frequently Asked Questions

How Must a Complaint be Filed?

Complaints tin be filed using a Complaint Form provided by the JQC. Complaints cannot be filed with the Supreme Courtroom, only with the JQC. For more than data, check the JQC Website. Be sure to bank check out the JQC'southward webpage well-nigh Understanding the JQC Complaint Procedure.

How can I bank check the condition of a complaint I filed with the JQC?

You should contact JQC staff at the telephone number or address to a higher place. The Florida Supreme Court does not have access to these records.

Can I East-mail a complaint to the JQC?

No. See the JQC'due south Complaint Course for instructions.

What Are the Ethics Standards for State Judges?

The upstanding standards for judges are called the Code of Judicial Conduct. They apply to all sitting judges at all levels of the land courts system, including county judges, circuit judges, district court of entreatment judges, and Florida Supreme Court judges. Canon 7 of the Code too applies to anyone seeking judicial office, such equally in an election.

How Do Investigations Begin?

The JQC can investigate complaints made past individuals, and information technology can investigate judges on its own initiative. During the initial investigation, the Constitution provides that all JQC complaints, investigations, and proceedings are confidential. The JQC too can enquire the Florida Supreme Court for an immediate indefinite suspension from role pending the subsequent investigation, with or without pay, in extraordinary circumstances.

When Must a Complaint be Filed?

The JQC tin can investigate a judge for misconduct if a complaint is filed at any time while the estimate is in function and for one year subsequently.

What is Involuntary Retirement?

The JQC tin can recommend that a judge be involuntarily retired due to serious illness that interferes with the ability to perform the duties of office. In these cases, the judge is not being defendant of misconduct. Filings in these cases may exist confidential under a state constabulary protecting medical records of state employees.

Tin can the JQC Investigate Judges for Campaign Violations that Happen in a Judicial Election Race?

Yes. The ethical standards for judges, called the Code of Judicial Conduct, besides apply to anyone who is seeking part as a Florida state estimate The specific rules are contained in Canon 7 of the Lawmaking, which also apply to anyone seeking judicial office, whether or not that person is a sitting guess when the violation occurs. More detailed information about these rules can be found in the publication An Aid to Understanding Canon 7, regularly updated by the Role of the Country Courts Ambassador.

Who Is on the JQC?

There are 15 Members of the JQC. Two must exist district courtroom of appeal judges called by all the judges of the 5 commune courts. Two must be excursion courtroom judges chosen past all the judges of the 20 judicial circuits. 2 must be canton court judges chosen by all the judges of the 67 county courts. Iv must be registered voters who likewise are lawyers, chosen past the Board of Governors of The Florida Bar. The concluding five must exist non-lawyers who are registered voters, chosen by the Governor.

How Is the JQC Structured?

The JQC is divided into two panels, an "investigative console" that acts much like a prosecutor, and a "hearing panel" that acts much like a panel of judges reviewing the example. Judges accused of misconduct often are represented past a individual chaser.

When Do Proceedings Become Public?

The Constitution specifically makes all ethical complaints against judges confidential. Confidentiality ends only when the JQC investigative console files with the Supreme Court a Notice of Formal Charges. This is a public tape and is the first public declaration that a formal investigation is underway. It is much like a finding of probable cause in a criminal investigation. However, this document alone does not give the Supreme Court any authority to commence proceedings of its own. Until the investigative stage is complete, the Supreme Court merely acts as the custodian of public records filed with it in the pending investigation. Any further action at this point volition be undertaken by the JQC.

How Does the JQC Concord Proceedings?

The hearing panel of JQC will review the case confronting the state guess and hear competing arguments from both sides. The corporeality of time involved in conducting hearings varies greatly from case to example. Some judges agree or "stipulate" to some form of field of study, which means there volition be no farther proceedings and the case will go on to the Supreme Court for a final decision. However, the Supreme Courtroom can reject these stipulations and has done so on some occasions in the past. If a judge contests the charges, more time and more hearings ordinarily are involved. The JQC hearing panel schedules its own hearings. These hearings are not broadcast merely are open to the public. They can be held anywhere in the country, usually nearly where the approximate lives.

When Does the Case Come up to the Supreme Courtroom?

Once the JQC console has concluded its hearings, it files its findings and recommendation for any discipline with the Supreme Court. If the state approximate has stipulated to discipline, the stipulation besides volition be filed with the Court. The Supreme Courtroom and so must decide whether to schedule oral argument. Briefs can be filed with the Court before it decides the case. If oral argument is scheduled, it is announced in advance in the Court's Press Summaries, which are available on the Court'due south website. Video of the oral arguments is broadcast on the Supreme Court's Facebook Page.

Why Doesn't the Supreme Court Impose Discipline as Presently as the JQC Makes Its Recommendation?

The JQC but has authorisation to recommend subject. This is only a recommendation, not a last determination. Final authority to determine whether the JQC'due south recommendation is legally correct rests with the Supreme Court later the parties have had a chance to make arguments according to the Rules of Procedure. This means that the parties accept a right to file briefs making separate arguments to the Supreme Court unless the gauge waives that right, to file appropriate motions, and to request that the Court schedule the case for oral arguments.

What Kinds of Discipline Tin can a Judge Receive?

Possible forms of discipline can include one or more of the following:

No field of study
A public reprimand
A fine
Intermission from office
Removal from office
Involuntary retirement due to serious illness

What Other Government Bodies Tin can Bailiwick Judges for Misconduct?

In addition to the JQC process, the Florida Firm of Representatives has authority to impeach judges, who so are tried for misconduct in the Florida Senate. Judges are removed from role by impeachment if found guilty by the Senate. Autonomously from impeachment, only the JQC can recommend forms of subject, which must exist approved by the Florida Supreme Court. There are no other methods of disciplining judges for ethical misconduct authorized past Florida law, although all Florida judges tin be voted out of office in regular elections.

Can a JQC Proceeding Lead to Pause of the Judge's Constabulary License?

As a full general rule, whatever JQC disciplinary proceeding against a judge must exist completely finished before The Florida Bar becomes involved. Notwithstanding, in that location are instances in the past when bear witness uncovered during JQC proceedings later resulted in suspension of a law license or other Bar discipline. A former judge can exist investigated for ethical misconduct by the Bar even if the misconduct occurred while acting as a judge. But JQC proceedings and Bar proceedings do not usually happen simultaneously.

Can Judges Be Suspended from Part While Nether Investigation for Misconduct?

Judges tin be temporarily suspended from office while nether investigation in only 2 ways. Beginning, if a approximate is impeached by the House and is awaiting trial by the Senate, an automatic suspension is imposed by the state Constitution. Second, the investigative panel of the JQC can ask the Supreme Court to append with or without pay while information technology investigates a estimate. No other governmental entities tin can suspend a judge from office pending an investigation.

How Can I Sentry JQC Cases Before the Supreme Court?

All of the Supreme Court's arguments are broadcast on the Supreme Courtroom's Facebook Page, on the Internet, by satellite, and by some privately owned cable TV companies that prove the Florida Aqueduct. Private news organizations are costless to pick up and circulate the aforementioned video. Webcasts and Video Athenaeum also are bachelor via the Internet for free. Videotapes of the proceedings likewise can be obtained from the Courtroom's broadcast contractor, the Florida State University Broadcast Centre, by calling (850) 487-3170. Broadcasts and videotapes are only available for proceedings in the Supreme Court, non proceedings before the JQC.

Is the JQC a Function of the State Courts System Administered by the Master Justice?

No. Article V, section 12 of the state Constitution specifically creates the JQC as a body independent of the land courts and the other branches of government. The JQC makes its own rules but is funded by the Legislature. The Supreme Court does not supervise the JQC, cannot investigate information technology, cannot fire or select its members, and cannot order it to perform any official act.

How can I Complain about the JQC?

Article V, section 12, of the land Constitution creates the JQC and specifies that its members who are judges can exist removed through impeachment past the Business firm of Representatives with trial in the Senate. Members who are not judges may be removed through the Governor'south power to suspend public officials in certain instances. The Governor'due south power is described in Article 4, section seven. Thus, complaints almost the JQC should be directed either to the Firm of Representatives or the Governor, or to both.

For more than data: contact@floridajqc.com

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Source: https://www.floridasupremecourt.org/News-Media/Judicial-Discipline-JQC-Cases