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Inquiry Concerning a Judge, No. 13-309 Re Brenda Tracy SHEEHAN
139 So. 3d 290
| Fla. | 2014
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Background

  • 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)
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Case Details

Case Name: Inquiry Concerning a Judge, No. 13-309 Re Brenda Tracy SHEEHAN
Court Name: Supreme Court of Florida
Date Published: May 15, 2014
Citation: 139 So. 3d 290
Docket Number: SC14-136
Court Abbreviation: Fla.