Inquiry Concerning a Judge, No. 10-265 re Shea
110 So. 3d 414
Fla.2013Background
- Judge Shea, in office since 2007, faced JQC investigations beginning in 2010 for alleged misconduct in court.
- Initially, the JQC and Judge Shea entered a stipulation admitting facts and recommended a public reprimand; the Florida Supreme Court rejected that sanction in 2011 and directed a 60-day suspension with a public reprimand and letters of apology, prompting reconsideration.
- After further investigation, the JQC, with special counsel, concluded probable cause existed for only five of the eleven original charges and issued amended formal charges in December 2012.
- Judge Shea admitted to the factual allegations in the amended charges, including several instances of intemperate, demeaning, and improper courtroom conduct toward attorneys and others, but there were mitigating circumstances.
- Mitigation included self-initiated anger management and ongoing treatment, advice from senior judges, and evidence of improved courtroom behavior since the misconduct.
- The JQC recommended a public reprimand, apology letters, and continuing mental health treatment; this Court approved the findings and sanction and ordered appearance for administration of the reprimand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shea's conduct violated the Code of Judicial Conduct | Shea engaged in pattern of unbecoming conduct damaging public confidence. | Mitigating factors and improvement mitigate the severity. | Yes; conduct unbecoming established. |
| Whether the proposed sanctions are appropriate given the mitigating evidence | Public reprimand with apologies and treatment sufficient. | Severe sanctions unnecessary due to mitigation and improvements. | Public reprimand with apology letters and ongoing treatment approved. |
Key Cases Cited
- In re Woodard, 919 So.2d 389 (Fla. 2006) (court reviews JQC findings and recommendations; ultimate discipline lies with the court)
- In re Renke, 933 So.2d 482 (Fla. 2006) (court retains authority to discipline; standards for review)
- In re Angel, 867 So.2d 379 (Fla. 2004) (principles of discipline and deference to JQC findings)
- In re Schapiro, 845 So.2d 170 (Fla. 2003) (public reprimand and apologies as a sanction; mitigations considered)
- In re Eastmoore, 504 So.2d 756 (Fla. 1987) (power of judge to treat litigants with courtesy; power dynamics in court)
- In re Frank, 753 So.2d 1228 (Fla. 2000) (administration of public reprimand procedures)