Inquiry Concerning a Judge No. 13-344 Re: Susan B. Flood , 39 Fla. L. Weekly Supp. 663 ( 2014 )

Supreme Court of Florida
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No. SC14-1364
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INQUIRY CONCERNING A JUDGE, NO. 13-344
RE: SUSAN B. FLOOD.
[November 6, 2014]
PER CURIAM.
In this case, we review the findings and recommendation of discipline of the
Florida Judicial Qualifications Commission (JQC), recommending that Judge
Susan B. Flood, Polk County Judge, receive the sanction of a public reprimand for
violating Canons 1 and 2A of the Florida Code of Judicial Conduct. We have
jurisdiction. See art. V, § 12, Fla. Const. For the reasons that follow, we approve
the JQC’s findings and recommendation of discipline.
I. BACKGROUND
This action stems from charges filed against Judge Flood arising out of an
inappropriate relationship with her bailiff, over whom she exercised supervisory
authority. The JQC’s Notice of Formal Charges filed against Judge Flood
recognized that a judge exercises “supervisory control” over her bailiff and alleged
that Judge Flood had a “friendship” with her bailiff that became so close that it
created an “appearance of impropriety.”
Ultimately, after Judge Flood testified before the Investigative Panel of the
JQC, Judge Flood and the JQC entered into a stipulation, in which Judge Flood
admitted to “violations of the Judicial Canons” based on “a relationship between
the Judge and an individual over whom she had supervisory control.” As is
outlined in the JQC’s Notice of Formal Charges and accepted in the stipulation by
Judge Flood, she “entered into an inappropriate relationship with her bailiff,”
which was described as a “friendship” that “went beyond the fraternization that
normally occurs in a professional workplace context.”
The stipulation recites that, during the time Judge Flood maintained her
relationship with her bailiff, “some judicial colleagues approached her with
concerns over the level of friendship with someone over whom she exercised
supervisory authority.” In the stipulation, Judge Flood accepts “full responsibility”
for her wrongdoing and acknowledges that such conduct should not have occurred.
The stipulation states that Judge Flood “regrets and apologizes for her actions” and
“has taken steps to ensure that there is no reoccurrence.” The stipulation also notes
Judge Flood’s unblemished record as a county judge and her regular service as an
acting circuit judge and concludes that the misconduct was an isolated incident and
does not demonstrate an unfitness for office.
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The stipulation incorporates the JQC’s findings and recommendation of
discipline, in which the JQC concluded that Judge Flood violated Canons 1 and 2A
of the Code of Judicial Conduct. Considering Judge Flood’s responsiveness,
candor, and cooperation with its inquiries, the JQC recommended a public
reprimand as the appropriate sanction for these violations.
II. ANALYSIS
Article V, section 12, of the Florida Constitution, provides that in cases of
judicial misconduct, this Court “may accept, reject, or modify in whole or in part
the findings, conclusions, and recommendations of the [JQC] and it may order that
the . . . judge be subjected to appropriate discipline.” Art. V, § 12(c)(1), Fla.
Const. “This Court reviews the findings of the JQC to determine whether the
alleged violations are supported by clear and convincing evidence, and reviews the
recommended discipline to determine whether it should be approved.” In re
Woodard, 919 So. 2d 389, 390 (Fla. 2006). “Although this Court gives the
findings and recommendations of the JQC great weight, the ultimate power and
responsibility in making a determination to discipline a judge rests with this
Court.” In re Renke, 933 So. 2d 482, 493 (Fla. 2006) (citing In re Angel, 867 So.
2d 379, 382 (Fla. 2004)).
In its findings and recommendation of discipline, the JQC found that Judge
Flood’s conduct violated Canons 1 and 2A, which require a judge to act at all times
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in a manner that upholds the integrity of the judiciary and to avoid the appearance
of impropriety. Canon 1 states: “A judge should participate in establishing,
maintaining, and enforcing high standards of conduct, and shall personally observe
those standards so that the integrity and independence of the judiciary may be
preserved.” Canon 2A states: “A judge shall respect and comply with the law and
shall act at all times in a manner that promotes public confidence in the integrity
and impartiality of the judiciary.”
We have held that “where a judge admits to wrongdoing and the JQC’s
findings are undisputed, this Court will ordinarily conclude that the JQC’s findings
are supported by clear and convincing evidence.” In re Diaz, 908 So. 2d 334, 337
(Fla. 2005). In this case, Judge Flood admitted to the alleged wrongdoing, and
upon review, we determine that the JQC’s findings are supported by clear and
convincing evidence. Because we conclude that the findings of the JQC are
supported by clear and convincing evidence, we give the findings “persuasive
force and great weight” in our consideration of the JQC’s recommended discipline.
In re Maloney, 916 So. 2d 786, 788 (Fla. 2005).
The JQC concluded that Judge Flood’s conduct was an isolated incident and
does not demonstrate an unfitness for office. Judge Flood recognized the
inappropriateness of her behavior, accepted full responsibility, and apologized for
her actions. Judge Flood further recognized that “her actions have the effect of
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lessening the public’s confidence in the judiciary.” In addition, not only has Judge
Flood accepted “full responsibility for her actions that put her in violation of
Canons 1 and 2A of the Code of Judicial Conduct,” but she “has taken steps to
ensure that there is no reoccurrence of situations similar” to what occurred in this
case.
We agree that Judge Flood’s conduct in having an “inappropriate
relationship” with her bailiff, over whom she exercised supervisory authority, was
clearly unacceptable. While we have not been provided with the details of this
“inappropriate relationship,” we accept the characterization by the JQC and Judge
Flood’s own stipulation that this relationship went beyond the “fraternization that
normally occurs in a professional workplace.” We agree that such improper
conduct in the workplace is of greater concern when engaged in by judges, who are
held to the high standards of the Code of Judicial Conduct.
We recognize, however, that in this case the misconduct was an isolated
incident in an otherwise exemplary career as a judge. Judge Flood has admitted
her wrongdoing, in particular that “her actions have the effect of lessening the
public’s confidence in the judiciary,” and she has vowed that such misconduct will
not be repeated. For all these reasons, we accept the JQC’s recommendation of a
public reprimand. Existing precedent suggests that a public reprimand is
appropriate under these circumstances. See, e.g., In re Adams, 932 So. 2d 1025,
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1027-28 (Fla. 2006) (approving public reprimand for a judge who admitted to
having an inappropriate relationship with an attorney who was practicing before
him; agreed that such conduct violated Canons 1, 2, and 3; expressed remorse; and
apologized).
In this instance, we agree with the JQC’s recommendation that, “in the
interests of justice, the public welfare and sound judicial administration will be
well served” by a public reprimand of Judge Flood. Judge Flood does not contest
this recommendation of discipline.
III. CONCLUSION
For all these reasons, we conclude that there is clear and convincing
evidence in support of the JQC’s findings of fact as to both violations of the Code
of Judicial Conduct, and we approve the stipulation entered into by Judge Flood
and the JQC. Accordingly, we hereby command Judge Susan B. Flood to appear
before this Court for the administration of a public reprimand at a time to be
established by the Clerk of this Court.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and PERRY, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Original Proceeding – Judicial Qualifications Commission
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Ricardo Morales, III, Chair, and Michael Louis Schneider, General Counsel,
Tallahassee, Florida,
for Judicial Qualifications Commission, Petitioner
John Wesley Frost, II of Frost Van den Boom, P.A., Bartow, Florida,
for Judge Susan B. Flood, Respondent
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