Inquiry Concerning a Judge Re: Pratt, In re, 69671
| Decision Date | 04 June 1987 |
| Docket Number | No. 69671,69671 |
| Citation | 508 So.2d 8,12 Fla. L. Weekly 282 |
| Parties | 12 Fla. L. Weekly 282 In re INQUIRY CONCERNING a JUDGE, Re: Linda Raspolich PRATT. |
| Court | Florida Supreme Court |
Kathleen T. Phillips, Chairman and John S. Rawls, General Counsel, Tallahassee and Richard L. Hersch, Special Counsel for the Florida Judicial Qualifications Com'n, Coral Gables, for petitioner.
Joseph C. Jacobs of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for respondent.
We have for review the Judicial Qualifications Commission's uncontested report recommending that Judge Linda Raspolich Pratt be publicly reprimanded. We have jurisdiction. Art. V, § 12, Fla.Const.
The Commission found that Pratt:
1. As a candidate for judicial office in a non-partisan race, join[ed] with two other judicial candidates in promoting and financing the mailing of approximately 122,000 "Sample Ballots" and that the aforesaid "Sample Ballots" had a striking resemblance to the official sample ballot promulgated by the Broward County Supervisor of Elections.
2. Contribute[d] approximately $5,000, that being one-third of the cost of printing and mailing the aforesaid sample ballots, into a pool of money in which two other judicial candidates contributed.
3. Give [Gave] the appearance, through the "Sample Ballots", that the partisan "Democratic" or "Republican" parties endorsed her candidacy in this non-partisan race.
4. Give [Gave] the appearance, on page ten of said "Sample Ballot", that each judicial officer endorsed the other.
5. Fail[ed] to file any disclaimer in said sample ballots as to the appearance of a partisan political party endorsement.
Based on these facts, the Commission found Pratt in violation of the Code of Judicial Conduct, Canon 1 (duty to maintain high standard of judicial conduct to preserve judicial integrity and independence), Canon 2(A) (), and Canon 7(b) (); the Code of Professional Responsibility, 1 Disciplinary Rules 1-102(A) () and 2-102(A) (); as well as section 105.071, Florida Statutes (1985). 2
The Commission made the following recommendations:
Judge-Elect Pratt expressed concern at the outset of this venture as to the possibility of an illegal endorsement of the other two judicial candidates. The lawyers she consulted allayed her concerns; however, she failed to show the finished product to anyone she had consulted. The Commission heard testimony that similar "sample ballots" had been used in Broward County in the past. In view of Judge Pratt's candor and demeanor during these proceedings, it is the finding of the Commission that a recommendation of removal from office is inappropriate. However, the Commission does bring to this Court's attention the fact that it is increasingly receiving major complaints in non-partisan judicial elections, and recommends that in the Court's opinion herein, candidates in future non-partisan elections be warned as to the drastic consequences which might be imposed by reason of such violations.
IN VIEW OF THE PREMISES, it is the...
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American Civil Liberties Union v. The Florida Bar
...that Republican and Democratic Parties endorsed candidates in non-partisan race); 2 In re Inquiry Concerning a Judge, Re: Pratt, 508 So.2d 8 (Fla.1987) In order to avoid any action by the JQC, Schack sought an advisory opinion from the Committee on Standards of Conduct Governing Judges ("Co......
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Code of Judicial Conduct (Canons 1, 2, and 7A(1)(b)), In re
...been reprimanded for violating canon 7 A. E.g., In re Turner, 573 So.2d 1 (Fla.1990); In re Kay, 508 So.2d 329 (Fla.1987); 6 In re Pratt, 508 So.2d 8 (Fla.1987); 7 In re DeFoor, 494 So.2d 1121 (Fla.1986). Most other jurisdictions regulate the political activities of their judges through pro......
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Steady, In re
...was running for judge; judge disciplined even though he was on verge of retiring from bench when he committed violation); In re Pratt, 508 So.2d 8, 9-10 (Fla.1987), and In re Kay, 508 So.2d 329, 329-30 (Fla.1987) (judges publicly reprimanded for participating in campaign mailing that gave a......
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Stoker, Matter of
...of Judicial Ethics Advisory Opinions, at 117.26 Commission Decision, at 3; Commission Papers ("B").27 Brief of Appellee, at 18.28 508 So.2d 8 (Fla.1987).29 508 So.2d 329 (Fla.1987).30 In re Pratt, supra; In re Kay, supra.31 Fla.Stat.Ann. § 105.071 (West 1982).32 111 Wash.2d 275, 759 P.2d 39......