IN RE DEMPSEY
Decision Date | 04 February 2010 |
Docket Number | No. SC09-1747.,SC09-1747. |
Citation | 29 So.3d 1030 |
Parties | Inquiry Concerning a Judge, Nos. 08-392 and 08-360 re Angela DEMPSEY. |
Court | Florida Supreme Court |
Miles A. McGrane, Chair, Michael L. Schneider, General Counsel, Tallahassee, FL, Marvin E. Barkin and Michael K. Green of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill, and Mullis, P.A., Tampa, FL, for Florida Judicial Qualifications Commission, Petitioner.
Peter Antonacci of Gray Robinson, P.A., Tallahassee, FL, for Judge Angela Dempsey, Respondent.
We have for review a stipulation for discipline in a judicial qualifications proceeding. As we explain below, given the misrepresentations made to the voting public during Judge Dempsey's campaign for the Circuit Court judgeship, we approve the stipulation and the discipline recommended therein. We have jurisdiction. See art. V, § 12, Fla. Const.
The case at bar arises from formal charges brought by the Judicial Qualifications Commission (JQC) against Judge Angela Dempsey. Pursuant to Canon 7A(3)(b) of the Code of Judicial Conduct, Judge Dempsey is responsible for the conduct of her political consultant. In the Notice of Formal Charges, the JQC accuses Judge Dempsey of engaging in improper conduct in violation of Canon 7A(3)(d)(ii)1 of the Code of Judicial Conduct2 during her 2008 campaign for the Circuit Court judgeship in the Second Judicial Circuit which she now holds. The JQC's Notice of Formal Charges states in pertinent part:
On January 29, 2009, Judge Dempsey testified under oath and admitted to the alleged conduct at a hearing before the investigative panel. Subsequently, Judge Dempsey entered into a factual stipulation with the JQC admitting the charges, waived her right to a plenary hearing before the hearing panel of the JQC, apologized for her improper conduct, and accepted the public reprimand as recommended by the panel. Thereafter, the JQC panel made its findings and recommendations of discipline, in which it stated:
This Court must now review the JQC's findings and recommendation of discipline.
This Court "may accept, reject, or modify in whole or in part the findings, conclusions, and recommendations of the commission and it may order that the justice or judge be subjected to appropriate discipline." Art. V, § 12(c)(1), Fla. Const. "This Court reviews the findings of the JQC to determine if they are supported by clear and convincing evidence and reviews the recommendation of discipline to determine whether it should be approved." In re Andrews, 875 So.2d 441, 442 (Fla.2004). The clear and convincing standard is "more than a `preponderance of the evidence,' but the proof need not be `beyond and to the exclusion of a reasonable doubt.'" Id. (quoting In re Kinsey, 842 So.2d 77, 85 (Fla.2003)). "While this Court gives the findings and recommendations of the JQC great weight, `the ultimate power and responsibility in making a determination rests with this Court.'" In re Andrews, 875 So.2d at 442 (quoting In re Kinsey, 842 So.2d 77, 85 (Fla.2003)).
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); see In re Andrews, 875 So.2d at 442 () ; see also In re Angel, 867 So.2d 379, 383 (Fla.2004); In re Schapiro, 845 So.2d 170, 174 (Fla.2003). In the instant case, Judge Dempsey admitted to the alleged wrongdoing and, upon review, we have determined that the JQC's findings are supported by clear and convincing evidence.
Moreover, Canon 7 prohibits a judge or candidate for judicial office from participating in inappropriate political activity. Canon 7A(3)(e)(ii) is intended to preserve the integrity of the judiciary and maintain the public's confidence in a fair, impartial, and independent judiciary. It is clear that a member of the judiciary or judicial candidate should not mislead the public by placing factually incorrect statements in campaign materials. We have stated that "a voter should not be required to read the fine print in an election campaign flyer to correct a misrepresentation contained in large, bold letters." In re Kinsey, 842 So.2d 77, 90 (Fla.2003). "Judges should be held to higher ethical standards than lawyers by virtue of their position in the judiciary and the impact of their conduct on public confidence in an impartial justice system." In re McMillan, 797 So.2d 560, 571 (Fla.2001). We have repeatedly placed judicial candidates on notice that this type of misconduct will not be tolerated. See In re Renke, 933 So.2d 482 (Fla.2006); In re McMillan, 797 So.2d 560 (Fla.2001); In re Alley, 699 So.2d 1369 (Fla.1997). As made clear by the JQC's Notice of Formal Charges, the misleading information contained within Judge Dempsey's campaign materials was placed within the materials deliberately and was done for the purpose of bolstering her own experience and credibility to the voting public. Without a doubt, Judge Dempsey's conduct was wholly inappropriate. Therefore, we must examine her fitness to serve as an officer of ...
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