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