Inquiry Concerning a Judge No. 15-530 Re: Jerri Collins
195 So. 3d 1129
Fla.2016Background
- Judge Jerri Collins, a Seminole County judge, berated and belittled a domestic-violence victim who failed to appear for trial in State v. Myles Brennan, leading to dismissal of a weapon charge and a reduced plea by the defendant.
- Collins initiated direct criminal contempt proceedings against the unrepresented, distraught victim without advising her of rights to counsel or to present evidence, interrupted and spoke harshly to her, and sentenced her to three days in jail despite her caregiving obligations.
- The judge’s remarks and demeanor created an appearance of partiality favoring the State. Collins later admitted her conduct was intemperate and accepted responsibility in a Stipulation with the JQC.
- The JQC charged violations of Canons 1, 2A, and 3B(4) of the Code of Judicial Conduct; Collins initially agreed to a public reprimand.
- The Florida Supreme Court rejected the initial stipulation as inadequate, required additional sanctions (anger management and a domestic-violence course), and the parties filed a revised consent judgment which the Court approved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Collins violate Canons 1, 2A, and 3B(4) by her treatment of the victim? | JQC: Collins’s rude, partial, and impatient conduct toward a vulnerable witness violated judicial canons. | Collins: Believed she lawfully exercised contempt power; admitted intemperate tone but claimed authority to act. | Court: JQC findings supported by clear and convincing evidence; Collins violated the cited canons. |
| Was a public reprimand sufficient discipline? | JQC: Recommended sanctions and consent judgment, but Court may modify. | Collins: Agreed to public reprimand and additional remedial measures after Court’s direction. | Court: Public reprimand alone was insufficient given partiality and victim status; additional sanctions required. |
| What additional sanctions are appropriate? | JQC: Supported remedial measures tailored to misconduct. | Collins: Agreed to complete anger management and attend domestic-violence training. | Court: Approved revised consent judgment requiring public reprimand, anger-management completion, and attendance at domestic-violence course. |
| Did Collins satisfy imposed sanctions? | JQC: Sought completion of courses and public admonishment. | Collins: Completed anger management before decision; agreed to remaining course. | Court: Recognized completion of anger-management course and ordered public reprimand and remaining training. |
Key Cases Cited
- State v. Diaz de la Portilla, 177 So. 3d 965 (Fla. 2015) (treatment of failure to appear as indirect contempt clarified)
- In re Sheehan, 139 So. 3d 290 (Fla. 2014) (Supreme Court reviews JQC recommendations and discipline)
- In re Flood, 150 So. 3d 1097 (Fla. 2014) (clear-and-convincing standard and weight given to JQC findings)
- In re Woodard, 919 So. 2d 389 (Fla. 2006) (approving reprimand plus anger-management for repeated intemperate conduct)
- In re Renke, 933 So. 2d 482 (Fla. 2006) (ultimate disciplinary authority rests with Court)
- In re Wood, 720 So. 2d 506 (Fla. 1998) (public reprimand appropriate for rude/intemperate judicial behavior)
- In re Diaz, 908 So. 2d 334 (Fla. 2005) (judges’ admissions support clear-and-convincing findings)