Media General Convergence, Inc. v. Chief Judge of the Thirteenth Judicial Circuit; Charles J. Crist, Jr. v. Chief Judge of the Thirteenth Judicial Circuit

Summary

The Supreme Court of Florida held that records received or created by a chief judge concerning complaints of sexual harassment or sexually inappropriate behavior by a judge constituted judicial public records. The court further held that those records were exempt from disclosure under Florida Rule of Judicial Administration 2.051(c)(3)(A) until the Judicial Qualifications Commission established probable cause, after which disclosure was required. The court quashed the Second District Court of Appeal’s decision and remanded.

Holdings

1. Records received or made by a chief judge in connection with complaints of sexual harassment or sexually inappropriate behavior by a judge constitute judicial records and public records because they are connected with the transaction of official court business.
2. Records associated with complaints alleging misconduct against a judge are exempt from public disclosure until the Judicial Qualifications Commission determines that probable cause exists, regardless of whether the complaint is formal or informal.
3. The Court would not decide whether the broadly worded fraternization-records request sought public records or exempt records because the petitioners conceded that the request was overbroad and no records were submitted for in-camera inspection.
4. The Court declined to adopt new procedures sua sponte and referred the issue to the Rules of Judicial Administration Committee for study and recommendation.

Questions Presented

1. Whether documents received or made by a chief judge concerning complaints of sexual harassment or sexually inappropriate behavior by a judge constitute public records or judicial records subject to public disclosure.
2. Whether those records are exempt from disclosure until the Judicial Qualifications Commission determines that probable cause exists.
3. Whether the Court should adopt new procedures for appellate review and in-camera inspection of denials of access to judicial records.

Disposition

quashed