The Justice Network
Florida Judicial Qualifications Commission (JQC)
The Judicial Qualifications Commission (JQC) is an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges. It is not a part of the Florida Supreme Court or the state courts and operates under rules it establishes for itself.
Florida Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303-6224
(850) 488-1581
Authority for The Judicial Qualifications Commission is found in the Florida Constitution, Article V Judiciary, Section 12 Discipline; removal and retirement.
How Judges Are Disciplined for Misconduct
How Judges Are Disciplined for Misconduct
The Judicial Qualifications Commission is an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state
judges. It is not a part of the Florida Supreme Court or the state courts and operates under rules it establishes for itself. The JQC has no authority over federal judges or judges in other
states. Complaints against state judges must be filed in writing with the JQC, not with the Supreme Court or any other state court or judge. Neither the Supreme Court nor its Chief
Justice have any authority to investigate alleged misconduct by state judges or to investigate the JQC. Read
more here
Pending JQC Cases Against Florida State Judges
Who is on the JQC?
There are 15 members of the JQC. Two must be district court of appeal judges chosen by all the judges of the 5 district courts. Two must be circuit court judges chosen by all the judges of the 20 judicial circuits. Two must be county court judges chosen by all the judges of the 67 county courts. Four must be registered voters who also are lawyers, chosen by the Board of Governors of The Florida Bar. The final five must be non-lawyers who are registered voters, chosen by the Governor.
JUDICIAL QUALIFICATIONS COMMISSION MEMBERS
Miles A. McGrane, III, Esq., CHAIR
Hon. J. Preston Silvernail, VICE-CHAIR
- Hon. Paul L. Backman
- Ms. Shirlee P. Bowne'
- Rev. Randolph Bracy, Jr.
- Henry M. Coxe, Esq.
- Harry R. Duncanson
- Hon. Thomas B. Freeman
- Steven R. Maxwell, Ed.D.
- Mr. Ricardo Morales, III
- Terrence J. Russell, Esq.
- Hon. James A. Ruth
- Hon. Morris Silberman
- John "Jay" G. White, III, Esq.
- Hon. James R. Wolf
Brooke S. Kennerly, Executive Director
Michael L. Schneider, General Counsel
JUDICIAL QUALIFICATIONS COMMISSION RULES
These rules apply to all proceedings before the Judicial Qualifications Commission involving the discipline, retirement or removal of justices of the Supreme Court, and judges of the District Courts of Appeal, Circuit Courts, and County Courts pursuant to Article V, Section 12 of the Constitution of the State of Florida, as amended, and removal or disqualification of members of the Commission. These rules shall be known as Florida Judicial Qualifications Commission Rules and may be abbreviated as "FJQCR." . . . .
The Rules may be abbreviated as "FJQCR"
JQCRules.pdf
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JQC Complaint Form
Only signed complaints will be considered
JQCComplaintForm.pdf
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Code of Judicial Conduct, State of Florida
Canon 1. A Judge Shall Uphold the Integrity and Independence of the
Judiciary
Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety
in all of the Judge's Activities
Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
Canon 4. A Judge Is Encouraged to Engage in Activities to Improve the Law,
the Legal System, and the Administration of Justice
Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the
Risk of Conflict With Judicial Duties
Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That
Does Not Give the Appearance of Influence or Impropriety; etc.
Canon 7. A Judge or Candidate for Judicial Office Shall Refrain From
Inappropriate Political Activity
Application
Opinions of the Judicial Ethics Advisory Committee
http://www.ninja9.org/courtadmin/courg.htm
The Structure of the Florida Judicial Sy[...]
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Hillsborough FL Judges Work Part-time, Get Full Pay
Some Hillsborough Co., Florida judges apparently only work part-time hours while collecting a full-time salary of $142,178 plus benefits. This came to my attention June 15, 2010 during the 13th Circuit Judicial Nominating Commission (JNC) interviews to fill the vacancy created when Judge Black was appointed to the 2dDCA. I attended the interviews as a nonlawyer observer. The JNC interviews are open to the public. The JNC was so concerned about judicial workloads that applicants were specifically asked what hours they planned to keep if appointed.
Applicant Ryan Christopher Rodems (left) described to the JNC criticism he heard about Hillsborough judges leaving court early on Fridays. The situation was so
pervasive, Rodems told the JNC, that one could "fire a bullet" in the Hillsborough courthouse it was so empty. On the left is Rodems’ photograph submitted with
his application for judge. The photo is not recent and looks about ten years old. (Rodems is heavier and balding now)
Read the email between JNC Chair Pedro Bajo and Neil Gillespie discussing Rodems’ "fire a bullet" comment, provided below in PDF. Read more on the Justice Network
2010, 07-05-10, email, Pedro Bajo to NJG[...]
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Would you like this garbage can moved closer in case you have the baby?
I witnessed the following while attending a Judicial Nominating Commission (JNC) interview in Tampa June 15, 2010 as a civilian observer. This was the 13th Circuit
JNC, Hillsborough County, Florida. One commission member asked an applicant for judge if the applicant had seen any behavior from a judge in court that was unprofessional.
The applicant responded that a judge said to a woman who was obviously pregnant and about to give birth, words to the effect "Would you like this garbage can moved
closer to you in case you have the baby?" The judge was referring to a trash can in the courtroom.
The JNC asked this question of a number of applicants. Some applicants responded with examples of judicial misconduct. Others applicants were evasive or brushed-off the
question. My notes show that applicants who described bad behavior by judges to the JNC were nominated at a rate lower than applicants who did not describe bad behavior by judges to the JNC.
Initially I dismissed this as coincidence.
But in hindsight, and with the benefit of subsequent information, in my opinion it is possible that this question is used as a screening tool to eliminate applicants
critical of sitting judges, to ensure that nominees, if appointed, will be team players and look the other way if they see another judge engage in misconduct.
Read the email between JNC Chair Pedro Bajo and Neil Gillespie discussing the ‘garbage can’ comment, provided below in PDF. Read more here on the Justice Network
2010, 07-01-10, email, Pedro Bajo to NJG[...]
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Florida’s Judicial Protection Society
Florida’s Judicial Protection Society
North Country Gazette
COMMENTARY
By June Maxam
February 22, 2010
Can you believe that the 764 judges in Florida are so ethical that there are disciplinary complaints pending against only three of them?
In fact, since 2001, the Florida Judicial Qualifications Commission has accepted only 38 cases for judicial disciplinary action, less than half of 1% of the state’s judges.
Only one of the three cases still awaiting final disposition involves alleged judicial misconduct on the bench and that judge had been arrested for possession of cocaine and driving under the
influence. The other two cases concern improper political activity during the judges’ election campaigns.
It’s almost as if the JQC only disciplines judges whose egregious conduct they can’t hide or those who aren’t part of the good ole boy network.
One of the most controversial cases of judicial discipline in the state concerned Judge Michael Allen of the First District Court of Appeals. In an unprecedented move that egregiously raped the First
Amendment and effectively served to stifle dissent within the judiciary to the public detriment, the Florida Supreme Court voted to discipline Allen for criticizing a fellow judge in a written
opinion and in essence, calling that judge corrupt. Read more here
Are closed JQC complaints confidential? My opinion
Are closed JQC complaints confidential? My personal opinion.
The JQC has authority from the Florida Constitution, Article V, Judiciary, section 12, discipline, removal and retirement. Part (a)(4) reads "all proceedings by or
before the commission shall be confidential". This suggests present tense. Therefore I conclude closed proceedings are not confidential, since they are no longer "by or before the commission". This
is my personal opinion as a nonlawyer. Neil Gillespie.
Also, see the letter to Michael Schneider, JQC General Counsel, March 30, 2010, at the bottom of this page.
Closed complaint, Judge Martha Cook, Docket 11375
Closed, letter September 13, 2011
JQC complaint, response, Circuit Judge M[...]
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Closed complaint, Judge Martha Cook, Docket 10495
Closed, letter January 7, 2011
JQC complaint, response, Circuit Judge M[...]
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Closed complaint, Judge Richard Nielsen, Docket 10278
Closed, letter July 13, 2010
JQC complaint, response, Judge Richard N[...]
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RobeProbe - World's most trusted judge rating site!
RobeProbe - World's most trusted judge rating site!
RobeProbe is here!!! The only comprehensive website that allows lawyers and litigants to rate the judicial performance of judges and bankruptcy trustees in a civilized,
easy to use forum. RobeProbe will revolutionize the legal community and the courts. Did you ever walk into a courtroom totally prepared for your case, but completely unprepared for the curve balls a
judge could throw at you? Did you ever go to court knowing very little about a judge, and come out knowing how great or how terrible that judge is by just spending five minutes before him or her?
Well, with RobeProbe on your side you will be prepared for both your case and the judge--and you'll know the judge before you enter the courthouse. Read more here
McGrane defends JQC’s confidentiality
Miles McGraneMcGrane defends JQC’s
confidentiality
The Florida Bar News
By Annie Butterworth Jones
April 15, 2011
"I’m not here to protect bad judges," said McGrane during his presentation to the board
Just two weeks after his appearance at the House Civil Justice Subcommittee meeting, former Bar President Miles McGrane spoke to the Bar Board of Governors at its March meeting, advocating again on behalf of the Judicial Qualifications Commission and its right to confidentiality.
On March 9, the House panel moved HJR 11-05, a bill that would amend the Florida Constitution and make JQC proceedings public. Currently, nearly all JQC records are confidential. Complaints are only released to the public once formal charges are filed. HJR 11-05 would change that, requiring the JQC to match the standards of the Florida Commission on Ethics. McGrane, chair of the JQC, argued that improved transparency of the JQC process could occur without hindering attorneys — particularly younger attorneys and those in smaller counties - from filing complaints.
"I’m not here to protect bad judges," said McGrane during his presentation to the board. "If it was only about transparency in government, I wouldn’t be here, because obviously you can’t win that battle. What I need to do is discuss with you why there is confidentiality in complaints of the JQC and why a system that was established in 1966 and has operated well needs to go on as the same system." Read more here
April 15, 2011
2011, 04-15-11, McGrane defends JQC’s [...]
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and make JQC proceedings public
HJR 11-05.pdf
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Bill would make complaints against judges public
Mark D. KillianBill would make complaints against
judges public record
The Florida Bar News
By Mark D. Killian, Managing Editor
April 1, 2011
Some worry the move could have a chilling effect on complaints
A House panel has moved a bill that would make public most Judicial Qualifications Commission proceedings once the commission has determined whether to file formal
charges.
Shawn Harrison Rep. Shawn Harrison, R-Tampa, told the House Civil Justice Subcommittee March 9 that HJR 11-05 would amend the constitution so that the JQC process
matches the standards of the Florida Commission on Ethics that apply to all other elected officials. "The upside of this bill is transparency," Harrison said. "We are giving the voters the
opportunity to decide whether or not we want to have the same transparency standards apply to the members of the judiciary as apply to other elected officials."
Nearly all records of the JQC are currently confidential. Only if formal charges are filed against a judge are the records open, and then only the records created after the filing of charges. If
charges are not filed, the records never become public.
“Because this process
is not open to the public, we don’t really know what the statistics are,” said Harrison, a commercial litigator. “We know how many complaints were filed [and how many] resulted in formal charges. But
we don’t know what happened in the middle. We don’t know if 50 percent of the complaints — or 75 percent — are just totally frivolous and without merit, or if they were close calls. I think that is
good information to have, and I think, ultimately, that’s probably information voters are entitled to have, too.” Read more here
April 1, 2011
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Measure to make JQC complaints public defeated
Measure to make JQC complaints public defeated
The Florida Bar News
By Amy K. Brown, Assistant Editor
March 1, 2002
A bill to make complaints against judges public was defeated in the House Judicial Oversight Committee in February, although the committee agreed to reconsider the bill, and an amendment, at a later
meeting.
Legislators voting against the measure — which would have made public the pre-probable cause portion of Judicial Qualifications Commission proceedings — said they were wary of passing any legislation
that could result in decreased public confidence in the judiciary. Read
more here
March 1, 2002
2002, 03-01-02, Measure to make JQC comp[...]
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Justice Teaching, Judicial Discipline and Accountability
JQC Case Studies
Judicial_DisciplineAccountability.pdf
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Panel tries to keep files secret
Judge HolderPanel tries to keep files secret
St. Petersburg Times
By DAVID KARP, Times Staff Writer
January 31, 2002
At issue are Judicial Qualifications Commission records about Hillsborough Judge Gregory Holder
TAMPA -- The state agency that regulates Florida judges has hired noted attorney Barry Richard to make sure records about Hillsborough Judge Gregory Holder stay secret.
The Judicial Qualifications Commission hired Richard, who represented President George W. Bush during the 2000 election recount, to fight newspaper requests to inspect records on Holder.
The JQC charged Holder in January with giving a false or misleading answer on an application to become a federal judge. The JQC alleged that Holder did not disclose that the JQC's chairman had spoken with him about unspecified complaints.
But the JQC's publicly-filed charges do not explain what the complaints were or how the JQC handled them. The JQC special counsel on the case did not return calls seeking comment.
January 31, 2002
2002, 01-31-02, Panel tries to keep file[...]
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Judge steps down in divorce case
Jonathan AlpertJudge steps down in divorce case
St. Petersburg Times
by JEFF TESTERMAN
November 1, 2003
Prominent attorney Jonathan Alpert tried four times to get Family Law Judge Monica Sierra to disqualify herself from hearing motions related to his divorce. Each time, Sierra said no.
Now, after denying Alpert's fourth motion to disqualify herself, Sierra has elected to step down. The judge signed an order of recusal, without comment, on Monday.
Sierra's move comes a week after Alpert filed a complaint against her with the Florida Judicial Qualifications commission.
In an Oct. 20 letter, Alpert, who suffers from multiple sclerosis, complained that Sierra violated his federal disability rights and inflicted "cruel, inhumane and degrading treatment" on him with
her rulings involving Alpert's combative divorce from his wife of 23 years, Liz Alpert.
For Jonathan Alpert, the final blow came Oct. 8, when Sierra ruled after an exhaustive hearing that he was in contempt of court for failing to pay his former wife nearly $104,935 in support. Sierra
ordered Alpert to jail that night for five months and 29 days and ruled that he could be released earlier only if he made up all of the $11,892-a-month alimony payments owed.
Jonathan Alpert spent one night behind bars, a period he recalls as "absolute hell," before his sister and a friend loaned him the $104,935 needed to get out of jail. Read more in the
PDF
St. Pete Times, November 1, 2003
2003, 11-01-03, Judge steps down in divo[...]
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Motion for Disqualification with JQC Complaint
Jonathan Alpert October 20, 2003
2003, 10-20-03, Motion for Disqualificat[...]
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Letter to Michael Schneider, JQC General Counsel
Judicial Qualifications Commission, March 30, 2010
2010, 03-30-10, NJG to JQC, Michael Sche[...]
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Mr. Schneider showed little interest that Alpert publicized a complaint against a judge contrary to JQC confidentially mandated by the Florida Constitution, Article V Judiciary, Section 12 Discipline; removal and retirement.
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