Inquiry Concerning a Judge No. 14-488 Re: Kimberly Michele Shepard, 217 So. 3d 71

Background

Kimberly Michelle Shepard, a former Florida House member (1992–1994), ran in a contested 2014 judicial election in the Ninth Judicial Circuit and circulated a campaign ad quoting the Orlando Sentinel: “Ms. Shepard has done well. She has kept her promises. She has worked hard. She has maintained her integrity.”
The quoted language originated from a 1994 Orlando Sentinel endorsement of Shepard’s legislative reelection campaign; Shepard’s 2014 ad omitted the 1994 date and references to her prior legislative service and materially edited the endorsement.
The Florida Judicial Qualifications Commission (JQC) charged Shepard with violations of multiple canons of the Florida Code of Judicial Conduct and Rule 4-8.2(b) of the Rules Regulating The Florida Bar; an amended notice focused on misrepresentation in campaign materials.
A JQC Hearing Panel found Shepard knowingly misrepresented facts about the 1994 endorsement (thereby implying a current Sentinel endorsement), violating Canon 7A(3)(e)(ii) and Canon 7A(3)(b), and Rule 4-8.2(b); she was acquitted on other alleged canons.
The Hearing Panel recommended a public reprimand, a 90-day suspension without pay, and payment of investigative and proceeding costs; the Supreme Court of Florida reviewed and approved those sanctions.

Issues

Issue	Plaintiff's Argument (Shepard)	Defendant's Argument (JQC)	Held
Whether Canon 7A(3)(e)(ii) violates the First Amendment	Canon is overbroad/vague and Shepard’s ad quoted truthful statements attributed to the Orlando Sentinel	Canon is narrowly tailored to prohibit only knowing misrepresentations by judicial candidates to protect judicial integrity	Canon is constitutional facially and as applied; prohibiting knowing factual misrepresentations in judicial campaigns survives strict scrutiny
Whether Shepard was denied due process in JQC proceedings	Procedural irregularities: improper charges, evidentiary rulings, restricted cross-examination, withheld discovery	JQC substantially complied with rules; allegations gave notice and opportunity to be heard; contested evidence and discovery rulings were proper or unpreserved	Due process claims rejected (most were unpreserved or inadequate); proceedings found essentially fair and in substantial compliance with rules
Whether clear and convincing evidence supports findings of misconduct	Advertisement contained four true statements correctly attributed; no knowing misrepresentation	Ad omitted date/context and edited endorsement to imply a current Sentinel endorsement; testimony and documents show knowing, deliberate edits	Clear and convincing evidence supports JQC findings that Shepard knowingly misrepresented the 1994 endorsement, violating Canon 7A(3)(e)(ii), 7A(3)(b), and Rule 4-8.2(b)
Appropriate discipline for knowingly misleading campaign material	Recommended discipline is disproportionate and severe	Misconduct is serious, intentional, and undermines public confidence; suspension warranted though not removal	Court approves public reprimand, 90-day unpaid suspension, and payment of costs; removal not warranted given single instance and no other pervasive violations

Key Cases Cited

Williams-Yulee v. Fla. Bar, 135 S. Ct. 1656 (Sup. Ct. 2015) (States may regulate judicial elections differently; restrictions on judicial-candidate speech can survive strict scrutiny)
Florida Bar v. Williams-Yulee, 138 So. 3d 379 (Fla. 2014) (state-court consideration of restricting judicial-candidate speech to protect judicial integrity)
In re Kinsey, 842 So. 2d 77 (Fla. 2003) (limits on applying certain canons to pre-judicial conduct)
In re Renke, 933 So. 2d 482 (Fla. 2006) (removal for numerous flagrant campaign misrepresentations and other violations)
In re Dempsey, 29 So. 3d 1030 (Fla. 2010) (public reprimand for deliberate misleading campaign materials; mitigation when judge admits and apologizes)
In re Graziano, 696 So. 2d 744 (Fla. 1997) (procedural due process requirements in JQC proceedings)