Inquiry Concerning a Judge No. 15-594 Re Gregory HOLDER
195 So. 3d 1133
| Fla. | 2016Background
- Judge Gregory Holder presided over State v. Clay Allred in the 13th Judicial Circuit Veterans’ Court (2015–2016); Allred had pled no contest and was sentenced to 24 months community control followed by 36 months probation.
- While Allred’s case was pending, Judge Holder (1) sent a letter on judicial letterhead to the President of the University of South Florida recommending Allred and stating he could "personally modify" community control to permit attendance, and (2) telephoned the Chief Assistant State Attorney (CASA) to urge the State to allow adjudication to be withheld.
- There was no pending motion to modify community control when Holder sent the letter; a motion to convert community control to probation was filed the same day USF replied that the requested online program did not exist.
- The Judicial Qualifications Commission (JQC) charged Holder with violating Canons 1, 2A, 2B, 3B(7), and 3B(9) of the Code of Judicial Conduct for ex parte communications and public comments about a pending matter.
- Holder stipulated to the facts, apologized, admitted the violations, and agreed to a public reprimand and six additional CJE hours; the JQC recommended that discipline.
- The Florida Supreme Court reviewed and approved the stipulation, concluding the JQC’s findings were supported by clear and convincing evidence and imposing the agreed public reprimand and training.
Issues
| Issue | Plaintiff's Argument (JQC) | Defendant's Argument (Holder) | Held |
|---|---|---|---|
| Whether Holder engaged in improper ex parte communications with CASA | Holder’s call to CASA was an improper ex parte communication advocating relief for a party | Holder contended his actions were well‑intentioned to help a veteran defendant | Court held Holder’s call was ex parte and violated Canon 3B(7) and related canons |
| Whether Holder’s letter to USF constituted improper public comment/commitment to modify sentence | The letter publicly committed to modifying community control and advocated for defendant while case pending | Holder argued he sought to assist defendant’s rehabilitation and re‑admission | Court held the letter was improper public comment affecting a pending proceeding, violating Canon 3B(9) and others |
| Whether Holder’s conduct violated Canons 1, 2A, and 2B (integrity, impartiality, appearance of impropriety) | Conduct undermined judicial integrity and impartiality and created appearance of partiality | Holder admitted misconduct, expressed remorse, and emphasized benign motives | Court held conduct violated Canons 1, 2A, and 2B due to appearance and actuality of impropriety |
| Appropriate discipline for admitted violations | Public reprimand and six CJE hours recommended as proportionate given admission, remorse, and assurances | Holder agreed to stipulated discipline and additional training | Court approved the public reprimand and six CJE hours as appropriate discipline |
Key Cases Cited
- In re Flood, 150 So. 3d 1097 (Fla. 2014) (standard of review and weight given JQC findings)
- In re Woodard, 919 So. 2d 389 (Fla. 2006) (review authority over JQC recommendations)
- In re Renke, 933 So. 2d 482 (Fla. 2006) (ultimate disciplinary authority resides with the Court)
- In re Diaz, 908 So. 2d 334 (Fla. 2005) (admissions by judge support clear and convincing finding)
- In re McMillan, 797 So. 2d 560 (Fla. 2001) (disciplinary proceedings aim to assess fitness to serve)
- In re Bell, 23 So. 3d 81 (Fla. 2009) (public reprimand for improper judicial conduct)
- In re Henderson, 22 So. 3d 58 (Fla. 2009) (public reprimand for judges’ improper associations)
- In re Maxwell, 994 So. 2d 974 (Fla. 2008) (public reprimand for improper ex parte communications)
