Inquiry Concerning a Judge, No. 13-309 Re Brenda Tracy SHEEHAN
139 So. 3d 290
| Fla. | 2014Background
- The Florida Supreme Court reviews the JQC Findings and Recommendation that Judge Brenda Tracy Sheehan receive a public reprimand.
- Judge Sheehan was observed driving erratically on July 5, 2013 and, after being stopped, submitted to field sobriety tests and two Breathalyzer tests showing breath-alcohol levels of .171 and .161.
- On August 23, 2013, Sheehan pleaded guilty to driving under the influence.
- The JQC charged Canon 1 and Canon 2A violations for failing to uphold standards of conduct and public confidence in the judiciary.
- In January 2014, Sheehan and the JQC signed a stipulation admitting the conduct and noting no prior DUI charges and no resulting injuries or property damage.
- The JQC Findings and Recommendation concluded Canon 1 and 2A violations and recommended a public reprimand; the Court accepted the recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Sheehan's DUI violate Canons 1 and 2A? | Sheehan violated Canons 1 and 2A by DUI conduct. | Stipulation shows isolated incident; responsibility accepted; no prior issues. | Yes, Canon violations established. |
| Whether a public reprimand is the appropriate discipline. | JQC recommendation of public reprimand is appropriate given violations and precedent. | Isolated incident; appropriate discipline could be less severe. | Public reprimand approved. |
| Whether this Court should follow precedent in similar DUI cases. | Nelson, Esquiroz, and Gloeckner support public reprimand for similar misconduct. | Precedents align with accepting JQC recommendations; mitigation via stipulation. | Consistent with precedent; public reprimand affirmed. |
Key Cases Cited
- In re Nelson, 95 So. 3d 122 (Fla. 2012) (public reprimand upheld for isolated DUI incident)
- In re Esquiroz, 654 So. 2d 558 (Fla. 1995) (public reprimand for DUI conduct)
- In re Gloeckner, 626 So. 2d 188 (Fla. 1993) (public reprimand precedent for DUI misconduct)
