Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III

Summary

The Florida Supreme Court reviews the Florida Judicial Qualifications Commission’s findings that Circuit Judge Andrew J. Decker, III, violated professional-conduct rules and judicial-campaign canons before taking office. The Court largely upholds the findings, with limited exceptions, and increases the recommended discipline from a ninety-day suspension to a six-month suspension, together with a public reprimand and payment of proceeding costs.

Holdings

1. A sitting judge may be disciplined through the JQC for rule and statutory violations committed while the judge was a practicing attorney or judicial candidate before taking the bench.
2. Decker's televised campaign statement that he had never been accused of a conflict of interest, which he did not timely correct, violated Canons 7A(3)(b) and 7A(3)(e)(ii), Rule of Professional Conduct 4-8.2(b), and Rule 4-8.4(c).
3. Decker's public statement that he was affiliated with the Republican Party violated Canon 7C(3), Rule of Professional Conduct 4-8.2(b), and section 105.071(3), Florida Statutes.
4. Decker violated Rules of Professional Conduct 4-8.4(c) and 4-8.4(d), and Rule of Discipline 3-4.3, by failing to tell opposing counsel that he represented the judge presiding over the opposing counsel's case.
5. Decker violated Rule of Professional Conduct 4-1.7(a) by continuing to represent jointly represented clients after conflicts became apparent and violated Rule 4-1.7(c) by failing to explain the implications, advantages, and risks of common representation.
6. Decker violated Rule of Professional Conduct 4-3.3 by making inaccurate statements about his connections to creditors and parties in interest and by failing to correct material omissions in his bankruptcy-court filings.
7. The majority held that Decker did not violate Rule of Professional Conduct 4-4.2(a) by meeting with White after White unequivocally stated that he was no longer represented by counsel, and it rejected related Charge 8 violations for lack of evidentiary support.
8. The cumulative proven misconduct warranted a six-month suspension without pay, public reprimand, and payment of proceeding costs, but did not warrant removal from office.

Questions Presented

1. Whether the JQC Hearing Panel's findings of violations of the Code of Judicial Conduct, Rules Regulating The Florida Bar, and section 105.071(3), Florida Statutes, were supported by clear and convincing evidence.
2. Whether a sitting judge may be disciplined through a JQC proceeding for misconduct committed while the judge was a practicing attorney or judicial candidate before taking office.
3. Whether Decker violated judicial-candidate rules by falsely denying a prior conflict-of-interest accusation and publicly identifying himself with a political party.
4. Whether Decker violated attorney-conduct rules by failing to disclose his representation of the presiding judge, mishandling conflicts in common representation, and making inaccurate disclosures in bankruptcy filings.
5. Whether Decker violated Rule of Professional Conduct 4-4.2(a) or related rules by meeting with Job White after White stated that he was no longer represented by counsel.
6. What discipline was appropriate for the proven cumulative misconduct.

Disposition

remanded