Summary
The Supreme Court of Florida reviewed a stipulation concerning Judge Angela Dempsey's misleading statements in campaign materials, including claims that she was being reelected and had twenty years of legal experience. The court found clear and convincing evidence of violations of the Code of Judicial Conduct and ordered her to appear for a public reprimand.
Topics
Practice areas
Questions Presented
- Whether the Judicial Qualifications Commission's findings concerning Judge Dempsey's misleading campaign materials were supported by clear and convincing evidence.
- Whether Judge Dempsey's conduct violated the Florida Code of Judicial Conduct and warranted the recommended sanction.
- Whether the Court should approve the stipulation and impose a public reprimand.
Holdings
- The JQC's findings as to both charges were supported by clear and convincing evidence.
- A judicial candidate may not knowingly misrepresent the candidate's identity, qualifications, present position, or other facts in campaign materials; misleading the voting public in this manner violates Canon 7 and undermines public confidence in the judiciary.
- A public reprimand was an appropriate sanction for Judge Dempsey's judicial campaign violations.
Key quotations
“It is clear that a member of the judiciary or judicial candidate should not mislead the public by placing factually incorrect statements in campaign materials.” (1033)
“Without a doubt, Judge Dempsey's conduct was wholly inappropriate.” (1033)
“the object of disciplinary proceedings is not for the purpose of inflicting punishment, but rather to gauge a judge's fitness to serve as an impartial judicial officer.” (1034)
Factual background
During her 2008 campaign for a Second Judicial Circuit judgeship, Judge Angela Dempsey's campaign materials included a YouTube advertisement calling on voters to re-elect her even though she had been appointed rather than previously elected. A campaign mailer represented that she had twenty years of legal experience, although she had not been admitted to practice law until 1994. Dempsey admitted the conduct and accepted responsibility.
Procedural history
The Judicial Qualifications Commission filed formal charges alleging that Judge Dempsey's campaign materials falsely represented that she had previously been elected and had twenty years of legal experience. Judge Dempsey admitted the conduct under oath, entered into a factual stipulation, waived a plenary hearing, apologized, and accepted the recommended public reprimand. The JQC recommended a public reprimand, which the Florida Supreme Court reviewed and approved.