Inquiry Concerning A Judge, No. 07-64 Re Ralph E. Eriksson.

• Decision Date: 02 June 2010
• Docket Number: No. SC07-1648.,SC07-1648.
• Parties: Inquiry Concerning A Judge, No. 07-64 re Ralph E. ERIKSSON.
• Court: Florida Supreme Court

36 So.3d 580

Inquiry Concerning A Judge, No. 07-64 re Ralph E. ERIKSSON.

No. SC07-1648.

Supreme Court of Florida.

Feb. 11, 2010.

Rehearing Denied June 2, 2010.

Judge Thomas B. Freeman, Chair, Hearing Panel, Sixth Judicial Circuit, Clearwater, FL, Michael L. Schneider, General Counsel, Tallahassee, FL, John Beranek of Ausley and McMullen, Tallahassee, FL, for Florida Judicial Qualifications Commission, Petitioner.

Judge Ralph E. Eriksson, pro se, Sanford, FL, for Respondent.

PER CURIAM.

We have for review the recommendations from the Judicial Qualifications Commission (JQC) that Seminole County Judge Ralph E. Eriksson be publicly reprimanded and charged the costs of proceedings based upon findings that he violated the Code of Judicial Conduct. We have jurisdiction. See art. V, § 12, Fla. Const. For the reasons discussed below, we approve the JQC's recommendations.

FACTS AND PROCEDURAL HISTORY

This case arises from formal charges filed by the JQC against Judge Ralph E Eriksson. In the Amended Notice of Formal Charges, the JQC accused Judge Eriksson of improper conduct in three counts, and the Hearing Panel of the JQC found against Judge Eriksson on two of them.¹

Count I

In State v. Walton, N. 06-MM-012701-A (Seminole Cty. Ct.), the defendant was initially charged with possession of cocaine (a felony), driving under the influence (a misdemeanor), and driving in violation of a business purposes only license (a misdemeanor). The case was delayed while the suspect substance was subjected to testing in state laboratories. Six months later, after tests revealed the substance in question was not cocaine, the felony possession of cocaine charge was dropped and the case was transferred to county court for further proceedings.

On Monday, February 19, 2007, jury selection was scheduled to begin for the remaining two charges. Before jury selection commenced, the defense moved to sever the remaining charges, but Judge Eriksson denied the request. The defense and the State then jointly requested that the case be continued because they had been unable to agree on the admissibility of portions of a video of the traffic stop and subsequent arrest, which contained numerous references to cocaine that should be redacted. The State agreed to a redaction, but Judge Eriksson also denied that request, stating, “This would be the ninth month [that this case has been pending], so I have to believe that both sides are well prepared.” Shortly thereafter, the following dialogue occurred:

[Defense Attorney]: Judge, may we approach briefly?

Judge Eriksson: I can hear you.

[Defense Attorney]: Mr. Walton has expressed some concerns regarding the Court's rulings here today. He asked if there's anything possible that could be done about it, and I have advised him that it is possible to do a motion to recuse the Court. However, that is generally in writing and sworn to. Obviously, I'm not prepared to present that to the Court at this time. But he did wish me to express his concerns and that he would like me to present the Court with a motion to recuse the Court, and that he has concerns that he would not be able to get a fair-a fair trial before this Court, based on how the Court has presented itself to his counsel as well as the Court's rulings here today, both against his counsel and against the State Attorney's Office.

Unfortunately, I am not prepared with a written motion; however, I believe it would be proper to give us an opportunity to have Mr. Walton sign off and swear off on that and set it for a hearing.

Judge Eriksson: I believe that the law says that if you raise that, I am supposed to give you a reasonable period of time. What I'm going to do is give you a reasonable period of time.

[Pause]

Judge Eriksson: I'm going to move this case for another pretrial conference, February 27th, at one o'clock. I'm going to find that Bob Walton, under Rule 3.131 subsection E, subsection G(3), I'm not satisfied that his bail is sufficient for him to appear here prepared for trial. It appears that he, through his attorney, is not interested in a trial. I'm going to increase the bail in this case to $10,000. I'm going to remand him to the custody of the sheriff and cancel his present bail. He may post bail at any time.

[Defense Attorney]: Mr. Walton has asked me to inform the Court that if the Court wishes him to proceed with this matter today versus being put into custody, he's happy to proceed to trial. The Court shouldn't concern himself with Mr. Walton not wishing to proceed to trial, because he does.

Is that correct, Mr. Walton?

[The Defendant]: Yes, sir.

Judge Eriksson: All right. That will conclude our proceedings today in State of Florida versus Bob Walton.

After defense counsel again urged the court to reconsider its ruling, Judge Eriksson addressed, but abruptly dismissed, defense counsel's concerns.

Judge Eriksson appeared before an Investigative Panel of the JQC on June 28, 2007, for a hearing pursuant to JQC Rule 6(b). See Fla. Jud. Qual. Comm'n R. 6. The hearing addressed, in part, alleged misconduct by Judge Eriksson during the Walton case.

At the Investigative Panel hearing, Judge Eriksson stated that Seminole County only selects jurors on Monday, and that some defendants attempt to manipulate the system by changing their pleas on a Monday to avoid trial for another week. Judge Eriksson mentioned that he relied on a decision by a peer judge, who had previously followed the same course of action when the defendant changed his plea. During that hearing the following dialogue occurred:

[Panel Member]: ... I've sat here the whole time, and I don't think I've ever heard you specifically say what all the reasons were that you raised Mr. Walton's bond from 3,500 to 10,000. Can you tell me what were your reasons specifically for raising the bond from 3,500 to 10,000.

Judge Eriksson: Do you mean how I arrived at-

[Panel Member]: I don't want to know how, but why. You raised the bond from 35 to $10,000. Tell me why you did that.

Judge Eriksson: My thought process was he had shown-his bond was to show up for trial, in effect. I mean, there's interim steps, but his bond was to show up for trial and be ready for trial because it was for trial. I saw no valid reason. And I felt that the reason of well, Judge, we just don't think you're fair, or whatever, and we'd like to have you recused, I felt like that was a last-gasp-without-basis reason that was an artificial reason, but under the law gives them a continuance. And I felt like that went to the integrity of the system when they can maneuver it like that.

[Panel Member]: Okay. Sir, let me just get this straight because I want to make sure that I'm hearing this. The sole reason that you raised that bond was that they made a motion for a recusal? That's what I heard you just say.

Judge Eriksson: Yeah. I don't think there was any other reason, because at that point the recusal says we aren't having a trial. We're at 4:00 o'clock. We don't have any jurors later that week. I have to give them time. He said he needed some time, and I know the law says I have to give them time to go and prepare the motion. We're not going to keep jurors there that evening. And so they have, in my opinion, artificially granted themselves a continuance.

[Panel Member]: I have no further questions.

The Investigative Panel found probable cause to proceed further and on September 6, 2007, the JQC filed a Notice of Formal Charges against Judge Eriksson alleging, with regard to Count I, that Judge Eriksson effectively punished a defendant for exercising a legitimate legal right in violation of various canons of the Code of Judicial Conduct. The Notice of Formal Charges provided in Count I:

Count I

In State of Florida v. Bob Lee Walton, Seminole County Case # 06-MM-012701-A, Mr. Walton was charged with Driving Under the Influence and Driving in Violation of the terms and conditions of a Business Purposes License. This case had been previously charged in Circuit Court due to an allegation of Possession of Cocaine that was subsequently dropped.

a. Since there was a video of the traffic stop and the cocaine was mentioned on the video, counsel for the defendant had filed a motion to redact portions of the video. To accomplish this task, the State and the defense jointly moved to continue the case. The Court declined to do so, suggesting that the case had been pending too long.

b. Subsequently, the defendant asked his lawyer to file a Motion to Recuse. When told this, you expressed that you were not satisfied that the defendant's bail of $3,500.00 was sufficient to insure his presence, so you revoked the bond, ordered a new $10,000 bond, and ordered the defendant taken into custody.

c. As a result the defendant was taken into custody and spent the next 11 hours in the Seminole County Jail until his family was able to arrange for bail.

d. When counsel for the defendant stated that his client was withdrawing his suggestion of recusal and was ready for trial, you ignored that statement, stating that you had granted the defendant's motion to continue.

e. In response to questioning by the Investigative Panel of the Commission, you stated that the sole reason for revoking Mr. Walton's bond and imposing a new bond was in response to his Motion to Recuse.

f. Your actions were calculated to punish the defendant for exercising a legitimate legal right, and so your actions were punitive and vindictive, undermining the orderly administration of justice.

g. This charge is governed by Canons 1, 2A, and 3B of the Code of Judicial Conduct.

Count III

Count III of the JQC's formal charges arose from Judge Eriksson's open disagreement with the policy of the Eighteenth Judicial Circuit that required county judges to hear petitions for injunctions against domestic violence or repeat violence. Judge Eriksson wrote letters to both this Court and the Office of the State Courts Administrator contending that Seminole County was not complying with an administrative order,...