Inquiry Concerning a Judge, No. 11-550 Re Judith W. HAWKINS
151 So. 3d 1200
Fla.2014Background
- Judge Judith W. Hawkins, a Leon County (Second Judicial Circuit) county judge since 1996, operated a private venture called Gaza Road Ministries and wrote a self-published book while serving on the bench.
- The Judicial Qualifications Commission (JQC) charged Hawkins with using state time, office space, equipment, and her judicial assistant to run the business; promoting products in courthouse and courtroom settings; and appearing in judicial robes on the business website.
- The JQC also alleged tax and registration violations (sales tax and Florida Fictitious Name Act) and accused Hawkins of obstructing the investigation by deleting financial data from her laptop, withholding electronic media, and providing misleading or incomplete statements.
- A Hearing Panel found Hawkins guilty of violations of Canons 1, 2A, 2B, 5D (and related rules): operating a private business from chambers, using state resources and staff, promoting her business via her judicial status, failing to pay sales tax and register the business, and lacking candor/obstructing discovery.
- The Hearing Panel recommended reprimand, three‑month suspension without pay, and a fine; the Florida Supreme Court reviewed the record, found the violations proved by clear and convincing evidence, and—emphasizing the cumulative gravity and deceit—ordered Hawkins removed from office.
Issues
| Issue | Plaintiff's Argument (JQC) | Defendant's Argument (Hawkins) | Held |
|---|---|---|---|
| Use of judicial office/resources to run private business | Hawkins used chambers, staff, computers, and sold books to courthouse patrons and attorneys; appearance in robes on website tied business to office | Hawkins claimed work was done on personal time, de minimis use of state resources, charitable motive, and limited sales to personal acquaintances | Court: Violation of Canons 1 and 5D—clear and convincing evidence she used state resources and linked business to judicial office |
| Compliance with law (taxes, fictitious name) | Hawkins failed to collect/pay sales tax and failed to register fictitious name | Hawkins later paid tax for some years and registered the name; contended omissions were inadvertent | Court: Violations of Canons 1 and 2A—failure to respect and comply with law |
| Devoting full-time attention to judicial duties | Substantial business-related emails on state systems and business activity during work hours showed less-than-full-time devotion | Hawkins said she stayed home on nonhearing days and was available when needed; claimed free time at chambers | Court: Found she treated work hours as her own and failed to devote full time as required |
| Candor and obstruction during investigation | Hawkins deleted subpoenaed Quicken data on morning of deposition, initially withheld computers/flash drives and gave misleading statements—obstruction and lack of candor | Hawkins characterized resistance as protecting herself, later produced materials after orders, and offered delayed apology attributing conduct to faith and fighting innocence | Court: Found knowing, willful lack of candor and obstruction; deletion of subpoenaed data particularly egregious—supports removal |
Key Cases Cited
- In re Henson, 913 So. 2d 579 (Fla. 2005) (cumulative misconduct and deceit can warrant removal despite prior good service)
- In re Sloop, 946 So. 2d 1046 (Fla. 2006) (Florida Supreme Court reviews JQC recommendations and may impose removal)
- In re Ford-Kaus, 730 So. 2d 269 (Fla. 1999) (dishonesty and misrepresentations to investigators may justify removal)
- In re Holloway, 832 So. 2d 716 (Fla. 2002) (standard for "clear and convincing" review and analysis of disciplinary evidence)
- In re LaMotte, 341 So. 2d 513 (Fla. 1976) (removal appropriate where conduct erodes confidence in the judiciary)
- In re McMillan, 797 So. 2d 560 (Fla. 2001) (disciplinary proceedings gauge a judge’s fitness to serve and require higher standards of conduct)