Kay, In re, 69672
| Citation | 508 So.2d 329,12 Fla. L. Weekly 283 |
| Decision Date | 04 June 1987 |
| Docket Number | No. 69672,69672 |
| Parties | 12 Fla. L. Weekly 283 In re Inquiry Concerning a Judge, Re: KAY, Brian P. |
| 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.
Dale R. Sanders of Lyons and Sanders Chartered, Fort Lauderdale, for respondent.
We have for review the Judicial Qualifications Commission's uncontested report recommending that Judge Brian P. Kay be publicly reprimanded. We have jurisdiction. Art. V, § 12, Fla. Const.
The Commission found that Kay:
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, such contribution being in violation of 105.071, F.S.
3. Give [Gave] the appearance, through the "Sample Ballots", that the partisan "Democratic" or "Republican" parties endorsed his 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 Kay in violation of Canon 1 (duty to maintain high standard of judicial conduct to preserve judicial integrity and independence), Canon 2(A) () and Canon 7(B) () of the Code of Judicial Conduct, as well as section 105.071, Florida Statutes (1985). *
The Commission made the following recommendations:
Judge Kay testified that he relied on the advice of other lawyers before embarking on this joint venture. Specifically, he inquired of one lawyer whether the ballot would be viewed as an illegal endorsement of the other two candidates. This lawyer advised him that the sample ballot concept had previously been used and that the format was akin to taking out an ad in the newspaper. However, Judge Kay failed to show the finished product, a much different document than that discussed in the abstract, to such lawyer.
The Commission has seen a genuine and sincere showing of remorse by Judge Kay. The Commission does not believe that Judge Kay acted with malice or deceptive intent. In view of Judge Kay'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...
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American Civil Liberties Union v. The Florida Bar
...Court of Florida, did not "maintain the dignity appropriate to judicial office." See In re Inquiry Concerning a Judge, Re: Kay, 508 So.2d 329 (Fla.1987) (sitting state judge publicly reprimanded for funding and mailing sample ballots that closely resembled official ballots, giving the appea......
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Code of Judicial Conduct (Canons 1, 2, and 7A(1)(b)), In re
...7 A(1)(b). 5 Several Florida judges have 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 politic......
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Jett, In re
...part, dissenting in part) (forthright and cooperative with commission); In re Hormes, 291 Md. 673, 436 A.2d 457 (1981) (same); In re Kay, 508 So.2d 329 (Fla.1987) (remorse); see also In re Lorona, 178 Ariz. 562, 875 P.2d 795 (1994) (failure to acknowledge wrongs considered in aggravation); ......
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Steady, In re
...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 appearance that they endorsed each other and ot......