In re Cope

Summary

The Florida Supreme Court reviewed disciplinary findings against Circuit Judge Charles W. Cope arising from misconduct at an out-of-state judicial conference. The Court approved findings that Cope brought the judiciary into disrepute and imposed a public reprimand. It denied his requests for costs and attorneys' fees, concluding that the Judicial Qualifications Commission prevailed on the significant issues and that section 57.105 did not apply.

Holdings

1. The Supreme Court approved the JQC's findings that Judge Cope's conduct brought the judiciary into disrepute and approved the recommended public reprimand.
2. The JQC was the prevailing party because it prevailed on the significant issue in the proceeding—whether Cope's conduct brought the judiciary into disrepute—and Cope was not entitled to recover costs.
3. Section 57.105 sanctions apply only to civil proceedings and do not authorize attorneys' fees in proceedings before the JQC.
4. No canon of judicial conduct required Judge Cope to report his citizen's arrest on a minor misdemeanor charge to the JQC or to parties appearing before him.

Questions Presented

1. Whether the JQC's findings and recommendation of a public reprimand should be approved.
2. Whether Judge Cope was entitled to recover costs as the prevailing party under Florida Rule of Judicial Administration 2.140.
3. Whether Judge Cope was entitled to attorneys' fees under section 57.105, Florida Statutes (2002), for charges that were not proven.
4. Whether failure to report a minor misdemeanor citizen's arrest violated a canon of judicial conduct.

Disposition

approved