Inquiry Concerning a Judge, No. 11-551 re: Nelson
95 So. 3d 122
| Fla. | 2012Background
- JQC and Judge Kathryn Nelson reached a stipulation after investigation and formal charges for DUI-related conduct.
- Investigation began Jan 27, 2012; JQC Investigative Panel held a hearing Mar 8, 2012.
- Judge Nelson allegedly drove erratically, struck a guardrail, and crashed Oct 25, 2011; smelled of alcohol; refused field sobriety tests and breathalyzer.
- Judge Nelson pleaded guilty to DUI and received mandatory Florida penalties; no personal injuries or property damage were alleged.
- Stipulation dated Apr 30, 2012 reiterates the allegations with two omissions: she initially identified herself as a judge and she refused to exit the vehicle; she accepts JQC findings and does not contest them.
- JQC Findings and Recommendation filed May 9, 2012, recommending a public reprimand, finding Canon 1 and 2A violations and treating the incident as isolated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JQC findings support Canon 1 and 2A violations | Nelson admits conduct; findings supported | Stipulation and facts support violation | Yes; findings are supported by clear and convincing evidence |
| Whether public reprimand is appropriate discipline | Discipline warranted to protect public confidence | Incident isolated; not an unfitness for office | Yes; public reprimand is appropriate |
Key Cases Cited
- In re Downey, 937 So.2d 643 (Fla.2006) (outline for reviewing stipulations between JQC and judge)
- In re Pando, 903 So.2d 902 (Fla.2005) (weight given to JQC findings and discipline recommendation)
- In re Diaz, 908 So.2d 334 (Fla.2005) (admission of misconduct bolsters JQC findings)
- In re Angel, 867 So.2d 379 (Fla.2004) (conduct in context of public confidence and isolated incident)
- In re Maloney, 916 So.2d 786 (Fla.2005) (great weight given to findings in disciplinary context)
- In re McMillan, 797 So.2d 560 (Fla.2001) (disciplinary objective to gauge fitness, not punishment)
- In re Kinsey, 842 So.2d 77 (Fla.2003) (ultimate authority rests with the Court despite JQC recommendation)
- In re Esquiroz, 654 So.2d 558 (Fla.1995) (public reprimand approved for DUI and acknowledged isolated incident)