BEFORE THE INVESTIGATIVE PANEL OF THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA NOTICE OF FORMAL CHARGES

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1 BEFORE THE INVESTIGATIVE PANEL OF THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA ("') --\ INQUIRY CONCERNING A JUDGE NO r ~ OJ *;:g -' C)..'..( RE: JUDGE MICHELLE BAKER \ ~ >""'l\ ;...I 7 (/'I {,/)\ cr of\'\ To: Honorable Michelle Baker c/o James J. Dean, Esq. Messer, Caparello & Self, P.A Centennial Place Tallahassee, FL NOTICE OF FORMAL CHARGES \ c. \ ;:0 r"" \ 0 i ':;r.:c :to f""l J>? ;, I ("") ~ r c. <.f\ C1J, ~ \ You are hereby notified that the Investigative Panel of the Florida Judicial Qualifications Commission, by a vote of the majority of its members determined pursuant to Rule 6(t) ofthe Rules ofthe Florida Judicial Qualifications Commission, as revised, and Article V, 12(b) of the Constitution of the State of Florida, that probable cause exists for formal proceedings to be, and the same are hereby instituted against you to inquire into charges based upon allegations that during your 2008 election campaign for the judgeship you now occupy (the campaign), you engaged in improper conduct in that to wit:

2 1. During the campaign, you made statements in large bold type in a mailer (the mailer) distributed to the voting public in Brevard County, which stated as follows: Why you should YOU VOTE for BAKER [sic]? Michelle Baker's supporters include community leaders, business owners, professionals, workers from the space industry, senior citizens and people from diverse backgrounds. Michelle's opponent's supporters are largely composed of Criminal Defense Attorneys in Brevard County! What does that say? In fact 82% of her opponent's contributors are Criminal Defense Attorneys. Source (Brevard County Supervisor of Elections Campaign Finance Report, July 25, 2008) What are they trying to buy? A true and correct copy of the mailer is attached hereto as Exhibit Your inclusion ofthe question, "What are they trying to buy?," in the mailer could have caused members of the voting public to infer that your opponent's contributors (local criminal defense lawyers that would come before him) were trying to use their campaign contributionsto obtain the favor ofthe incumbentjudge and that, if re-elected, your opponent might favor such contributors and their clients on the bench. The foregoing conduct violated Canon 7(A)(3)(b) of the Canons of Judicial Conduct in that you failed to maintain the dignity appropriate to judicial office and acted in a manner inconsistent with the impartiality, integrity and independence ofthe

3 judiciary. 3. You also made statements in the attached mailer that while your supporters were from various occupations and backgrounds, your "opponent's supporters are largely composed ofcriminal Defense Attorneys in Brevard County." Althoughyour statement in the mailer that your opponent's contributors wcre "largely composed of Criminal Defense Attorneys in Brevard CountY' may have been factually correct, your statement regarding the characteristics ofyour opponent's non-contributor/supjxjrters was made when you lacked a factual basis to so characterize them. The foregoing conduct violated Canon 7(A)(3)(b) and Canon 7(A)(3)(e)(ii) ofthe Canons ofjudicial Conduct. These acts, if they occurred as alleged, would impair the confidence of the citizens ofthis state in the integrity ofthe judicial system and inyou as a judge, would constitutea violation ofcanons 7(A)(3)(b) and 7(A)(3)(e)(ii) ofthe Canons ofjudicial Conduct, and conduct unbecoming a member of the judiciary and would warrant discipline as recommended by the Florida Judicial Qualifications Commission. You are hereby notified of your right to file a written answer to the above charges made against you within twenty (20) days ofservice ofthis notice upon you. 3

4 MI HAELK. RE Flo 'dabarno TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL & MULLIS, P.A Bank ofamerica Plaza 101 East Kennedy Boulevard Post Office Box 1102 Tampa, Florida Tel: (813) Fax: (813) Special Counsel for Florida Judicial Qualifications Commission -and- Michael L. Schneider General Counsel Judicial Qualifications Commission 1110 Thomasville Road Tallahassee, FL Tel: (850)

5 r.~',,"v' t' ~1: 'Ih'.It<II'NN'f tj ~\Ilj 141 ' ~,." 1. IU.tl1 t U1!i Edw.ud blt8:t aq5 CARD/IliAI. RO COCOA fl. '~2tI 2371 It1U\Billg for: Brevard COUllty Coud Judge, Group 3' "Fail' Alld Fi:rm,"., ~ Tuesday, Aupst 26 tb Paid Political advertisement paid for c!: approved by Michelle Vi«Baker.:andldalC for BrllYlird County Coun Judge, GrouP 3. Non-Partisan I EXHIBIT 1

6 Miaene's QlualificatioDs Brevud County resident since 1964 Merritt Island High School Graduate Brevard Community College A.ssociate ofalts with honors. Vai.ersityofCeDt Florida Bachelor ofjbts, Magna cumlaude 8:Mfoe4 Universitt Stiramez- Progl"am ol'law StetsollUai-y;.-, CqJlege ofla; GRcN.ated, JuisDocl.-.le Stetson LawReview and SteteoD Moot Court Team Michelle has a ftlt'successfu.l law practice 8 years elfhusiness management experience Michelle Bakerhas moree~periereeiathe practice of law thad her opponent and is ill her 20 th year as a BrevilMC,oal\ty attoj'dey Paid PolitiQJ advatiaemcnt paid for I: approved -by MicbeJle ViR Baker, iluldidate for Brevard CQIIDly {"nutjudae. Group 3, Non.PamSlll1

7 IEaDeE.um JlW.l.RDS Awud for Outstaadbag PJ'o BOllo Senice 2004 from BnvardC01lDty Legal Aid ancll'ecopizedby the Supreme Comofnoricla Co-Cha.upenon 01Law Week 1991-BZ'evud C01Ulty BarAssociation IS tja Judicial CiI'cuit Committee MemberShared ParentlDg GuideliDes BoudMemberBrevard CountyLegal Aid Platinum Spo...r 200a GolfT011ZDill'BeDt FundRaiser St. Tel'esa Catholic Church SPOIlSOI' 2007 ad 200S Spriag FundBais.St. Tel'8saCatholic Church AmericanIm1 ofco1d't Secretazy/Treasuel' Justice Teaching t~imii.~ ~telll to a th grade sta.4e...ts~~e07 aad. Z008 Keep Brevard BeautifDl-BecogDition fol' New Structure 2006 Why you should YOU VOTE fol' BAKER? MicheUe Baker's supporters include community leaden.!lu5ines. ownel's, professionals, wodtem,a-om the space iddushy, semol' citizens and people from divene backgrquude. Michelle's oppolledtr.1iapponen are lugely cora,poaed of Crimiaal Defeuse Jlttom.eys inbrevard Coantyl What does that say? In fact 82% ofhe.!' oppollent's CODtributOZ'S are CrimiaalDefeDse Atto.l'lleys. Source (Brevard CountySupervisor ofelec:tiolli CUIlpcdgaFiaaaee.pon, July 25,2008) What are they trying to bay? Paid Political ad{renilcmera paid for &: approved by Michelle Vitt Baker. candida. for Brevard Cowuy Court Judie, (irollp J. Non-Partillan

8 Micllelle Witt.iakel' R"DDia, fol':.e~ci Couaty Co\lIt Juclg., Grou.p 3 Michelle is Active in: COll1l1lunity Church School Va11lesthat"Matter ;'.1,~...'. i~..l. >. e,,,, e Captain Christopher-Viti. Naval Base COll1lD8Dder Committed IndependeDt Knowledgeable Vote Michelle Baker Tuesday, August 26 th 8reYard Coat,GoutI..., Ckoup 3. WYfW.B.lKERFORJUDGE.net Paid Political advertisement paid for &. approved by Michelle Vitl Bilker. ClUldidale Cor Brevard COUDl)' Court Judp, Group J. No.Partisa4