Inquiry Concerning a Judge, No. 09-01 re Turner
76 So. 3d 898
| Fla. | 2011Background
- JQC recommended removal of Judge N. James Turner for multiple violations of the Code of Judicial Conduct.
- Panel charged 13 counts; Turner was found guilty on five specific charges and a pattern-of-misconduct charge.
- Counts include pre- and post-appointment conduct: campaign finance violations, unauthorized practice of law, intrusion into a subordinate employee’s personal life, and in-court conduct affecting a juvenile.
- Panel found Turner violated campaign finance limits by receiving a $30,000 loan from his mother and failing to report it properly.
- Panel found Turner engaged in the unlawful practice of law for a family member by representing his mother in foreclosure proceedings as a sitting judge.
- Court conducted an independent review for clear and convincing-evidence standard and removed Turner as unfit for judicial office, effective upon finality of the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Campaign finance violations and canon violations | Turner violated campaign finance limits and canons via improper funding and conduct. | Turner contested some findings; contested constitutionality of Canon 7C(1) but admitted other misconduct. | Turner's other misconduct supports removal; count 5 constitutional issue reserved; pattern supports removal. |
| Pre-appointment campaign conduct and statutory limits | Guilt for violating Florida campaign finance statutes through improper gifts/loans from mother. | argues about applicability or scope of statutes or Canons. | Judge guilty of violating chapter 106 and Canon 7C(1) implications recognized; pattern includes these acts. |
| Unauthorized practice of law by a sitting judge | Judge Turner knowingly practiced law by representing his mother in foreclosure. | Describes misunderstood canon applicability or intent. | Guilty; intentional practice of law while a sitting judge established; removal warranted. |
| Inappropriate personal intrusion into a subordinate employee's life | Judge repeatedly intruded into Ms. Shelby’s life, creating a hostile work environment. | Behavior described as unwelcome or non-sexual; argued insufficient to remove. | Guilty; pattern of intrusion supports removal as part of a broader misconduct pattern. |
| Open-court conduct toward a juvenile and cost-offset action | In court, judge offset costs by sequestering a juvenile’s jewelry and directing paperwork; improper. | Judge acted in error but believed actions were not prohibited; no intent to profit. | Guilty in part; counted as part of pattern of misconduct contributing to removal. |
Key Cases Cited
- In re Graziano, 696 So.2d 744 (Fla. 1997) (intermediate standard; weight of JQC findings; pattern evidence)
- In re Colodny, 51 So.3d 430 (Fla. 2010) (removal warranted for broad misconduct; heavy sanction)
- In re Henson, 913 So.2d 579 (Fla. 2005) (unauthorized practice of law while a judge; removal emphasis)
- In re McAllister, 646 So.2d 178 (Fla. 1994) (abusive conduct toward court employees; removal standard)
- In re Graziano, 696 So.2d 744 (Fla. 1997) (patterned misconduct; integrity concerns)
- In re Pando, 903 So.2d 902 (Fla. 2005) (campaign-finance loan; prior corrective sanction)
- In re Rodriguez, 829 So.2d 857 (Fla. 2002) (misrepresentation of loan source; multi-faceted misconduct)
- In re Kinsey, 842 So.2d 77 (Fla. 2003) (impartiality concerns; canon interpretation)
- Weaver v. Bonner, 309 F.3d 1312 (11th Cir. 2002) (strict scrutiny for speech-related campaign restrictions)
- Carey v. Wolnitzek, 614 F.3d 189 (6th Cir. 2010) (canon on personal solicitation not narrowly tailored)