Summary
The Florida Supreme Court reviewed and approved a stipulation for discipline involving Judge Robert F. Diaz, who admitted sending anonymous and potentially threatening or disparaging emails concerning another judge to that judge and a local Hispanic bar association. The Court accepted the recommended discipline of a public reprimand, fourteen-day suspension without pay, and $15,000 fine.
Topics
Practice areas
Questions Presented
- Whether the JQC's findings were supported by clear and convincing evidence.
- Whether the JQC's recommended discipline of a public reprimand, fourteen-day unpaid suspension, $15,000 fine, and public apologies was appropriate.
Holdings
- The JQC's findings were supported by clear and convincing evidence because Judge Diaz admitted the alleged wrongdoing and did not contest the commission's findings.
- The Court approved the stipulated discipline, including a public reprimand, fourteen-day suspension without pay, $15,000 fine, and public apologies.
- The Court accepted Diaz's concession that his conduct violated the broad provisions of Canons 1 and 2 of the Florida Code of Judicial Conduct, which prohibit conduct unbecoming a judicial officer, including threatening or disparaging remarks about other judges or parties in the circumstances presented.
Key quotations
“This Court reviews the findings of the JQC to determine if they are supported by clear and convincing evidence and reviews the recommendation of discipline to determine whether it should be approved.” (335)
“While this Court gives the findings and recommendations of the JQC great weight, ‘the ultimate power and responsibility in making a determination rests with this Court.’” (335)
“Accordingly, we approve the stipulation and direct that Judge Diaz pay the $15,000.00 fine and serve the fourteen-day suspension. This opinion shall serve as a public reprimand.” (338)
Factual background
Judge Robert F. Diaz sent an anonymous email to County Judge Lee Seidman enclosing an article about a judge who had reported undocumented immigrants to federal authorities. The email referred to an alleged similar practice by Seidman and stated, "Isn't this what you used to do in Hollywood (Florida)? We remember." Diaz later sent a similar communication to the Broward County Hispanic Bar Association, which was viewed as an implied threat of organized group retaliation and an attempt to influence the association's relations with Seidman. Diaz admitted the conduct and agreed to the discipline recommended by the JQC.
Procedural history
The JQC charged Judge Diaz with sending anonymous and inappropriate emails concerning a fellow judge to that judge and to the Broward County Hispanic Bar Association. Diaz waived a trial, admitted the charges, and accepted a public reprimand, fourteen-day unpaid suspension, $15,000 fine, and public apologies. The JQC panel made findings and recommended that discipline, which the Supreme Court approved.