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Inquiry Concerning a Judge, No. 09-518 re Colodny
51 So. 3d 430
Fla.
2010
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Background

  • JQC charged Judge Colodny with misconduct during her 2008 campaign for circuit court in the Eleventh Circuit; the charges centered on treating a $125,000 loan from her father as a campaign loan rather than a personal loan,

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Colodny’s conduct violated Canons 1, 2A, and 6B JQC: violations alleged due to misreporting of funds Colodny: relied on counsel and statute interpretation Yes, violations established
Whether the misconduct warrants a public reprimand and a fine JQC: sanction appropriate but modest Colodny: less severe sanction warranted Public reprimand and $5,000 fine approved
Whether the sanction should be greater due to alleged partiality JQC: potential partiality justifies severe sanction Colodny’s actions not implying partiality; acted on advice No partiality shown; no need for harsher sanction
Role of cooperation/mitigation in determining discipline JQC: cooperation considered but balance of factors favors discipline Colodny cooperated, corrected filings Mitigation supports modest sanction rather than harsher punishment

Key Cases Cited

  • In re Rodriguez, 829 So.2d 857 (Fla. 2002) (conduct more egregious; misleading reports and false letters led to harsher discipline)
  • In re Pando, 903 So.2d 902 (Fla. 2005) (knowingly/recklessly violated reporting; significant penalty in that case)
  • In re Angel, 867 So.2d 379 (Fla. 2004) (distinguished from partiality-implying misconduct; public reprimand appropriate where impartiality not compromised)
  • In re Kinsey, 842 So.2d 77 (Fla. 2003) (illustrates substantial fines where impartiality implicated)
  • In re McMillan, 797 So.2d 560 (Fla. 2001) (removal for pattern of misconduct; supports scale of discipline in other contexts)
  • In re Luzzo, 756 So.2d 76 (Fla. 2000) (cooperation as mitigating factor in sanctioning)
  • In re Frank, 753 So.2d 1228 (Fla. 2000) (context for sanctions in similar judicial misconduct)
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Case Details

Case Name: Inquiry Concerning a Judge, No. 09-518 re Colodny
Court Name: Supreme Court of Florida
Date Published: Dec 2, 2010
Citation: 51 So. 3d 430
Docket Number: No. SC10-1486
Court Abbreviation: Fla.