BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION NOTICE OF FORMAL CHARGES

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

AMENDED NOTICE OF FORMAL CHARGES. YOU ARE HEREBY notified that the Investigative Panel of the Florida Judicial

IN THE SUPREME COURT OF FLORIDA

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

Supreme Court of Florida

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA. INQUIRY CONCERNING A JUDGE, ] No , DENNIS MALONEY ] Case No.

Pro se Motion to Modify or Terminate Probation or Community Control

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA INQUIRY CONCERNING A JUDGE, RE: JUDGE DALE C. COHEN CASE NO.

IN THE SUPREME COURT OF FLORIDA. INQUIRY CONCERNING A ) Supreme Court. JUDGE, NO ) Case No. SC

TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE

IN THE SUPREME COURT OF FLORIDA ANSWERS AND OBJECTIONS TO RESPONDENT S EXPERT AND WITNESS INTERROGATORIES GENERAL OBJECTIONS

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA. The Honorable Judge Terri-Ann Miller, by and through undersigned

SUPREME COURT OF FLORIDA INQUIRY CONCERNING A JUDGE NO CASE NO. 91,325

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION SPECIAL COUNSEL'S WITNESS AND EXHIBIT LISTS CERTIFICATE OF SERVICE

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA

BEFORE THE INVESTIGATIVE PANEL OF THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA MOTION FOR PARTIAL SUMMARY JUDGMENT

SUPREME COURT OF FLORIDA

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE COUNTY, FLORIDA

State of Florida Ninth Judicial Circuit of Florida

IN THE SUPREME COURT OF FLORIDA. Petitioner, Case No. SC ON PETITION FOR REVIEW FROM THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA

AMENDED ORDER GOVERNING THE MOVEMENT OF SELECTED INMATES INTO COMMUNITY CORRECTIONS PROGRAMS, OSCEOLA COUNTY

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA INQUIRY CONCERNING A JUDGE NO , JUDGE JOHN RENKE, III

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA ANSWER AND AFFIRMATIVE DEFENSES AND MOTION FOR MORE DEFINITE STATEMENT

Washington County Clerk of Court Post Office Box 647 Chipley, Florida 32428

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN)

Supreme Court of Florida

IN THE SUPREME COURT OF FLORIDA. Appellant, CASE NO. SC v. Lower Tribunal No CFAWS RESPONSE TO ORDER TO SHOW CAUSE

IN THE SUPREME COURT OF FLORIDA CASE NUMBER D.C.A. CASE NO RONALD LEE CRAIG, Petitioner, THE STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA. A JUDGE NO No.: SC

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. The Florida Bar File No ,249(17F) ARTHUR NATHANIEL RAZOR REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA CASE NO

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA INQUIRY CONCERNING A JUDGE NO , JUDGE JOHN RENKE, III

Law Offices of JULIANNE M. HOLT

THE SUPREME COURT FLORIDA AMENDED RESPONSE TO MOTION FOR MORE DEFINITE STATEMENT. Special Counsel to the Judicial Qualifications Commission

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA. INQUIRY CONCERNING A JUDGE, : No , CHERYL ALEMAN : CASE NO.

IN THE SUPREME COURT OF FLORIDA (Before A Referee)

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA

IN THE SUPREME COURT OF FLORIDA FLORIDA JUDICIAL QUALIFICATIONS COMMISSION S PREHEARING STATEMENT

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR SANTA ROSA COUNTY, FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC JAMES THOMPSON, Petitioner, vs. STATE OF FLORIDA, Respondent.

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA JUDGE ALEMAN S AMENDED WITNESS LIST (PLEASE SEE PAGE 6.

CHIEF JUDGE ORDER SETTING FORTH BOND GUIDELINES

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. Plaintiff, v. CASE NO.: 8:17-cv JSM-AEP

Supreme Court of Florida

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. The Florida Bar filed its formal complaint against respondent on or about

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

BEFORE THE JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA. N. JAMES TURNER JQC Case No.: /

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

Supreme Court of Florida

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Mark Uiselli (Petitioner) timely filed this petition seeking certiorari review of

IN THE SUPREME COURT OF FLORIDA. No. SC Complainant, The Florida Bar File v. No , 396 (17J) REPORT OF REFEREE

JUSTICE COURT FORMS FOR CRIMINAL PROCEEDINGS

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

Filing # E-Filed 11/06/ :26:27 AM

TEMPORARY INJUNCTION FOR PROTECTION AGAINST STALKING

IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR Case No. SC [TFB No ,112(18B)(CRE)]

MARYLAND BAIL BOND APPLICATION AND AGREEMENT (Please answer each question in full. Please print answers)

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA. (Before a Referee) Case No.: SC v. TFB File No.: ,037(07A)(OSC)

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.

TOWN OF LAKEVIEW CHIEF OF POLICE APPLICATION

IN THE SUPREME COURT OF FLORIDA

INVENTORY ATTORNEY MANUAL

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA CASE NO. SC BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT.

General Jury Information 1

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA APPLICATION FOR APPOINTMENT AS GUARDIAN ADVOCATE (FORM A)

INSTRUCTIONS FOR PREPARING AND FILING YOUR MOTION.

JUDICIAL COUNCIL OF THE ELEVENTH CIRCUIT

JEFFERSON COUNTY ATTORNEY S OFFICE Joshua A. Ney, County Attorney

IN THE SUPREME COURT OF THE STATE OF FLORIDA RESPONDENT'S ANSWER BRIEF ON THE MERITS

ADMINISTRATIVE ORDER NO (Vacates Administrative Orders and )

General District Courts

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA INITIAL BRIEF

NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA ORDER GOVERNING VETERANS COURT

FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST STALKING (AFTER NOTICE)

v. CASE NO.: 2007-CA O STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY WRIT NO.: AND MOTOR VEHICLES, Respondent. /

IN THE SUPREME COURT OF FLORIDA. CASE No.: SC

IN THE SUPREME COURT OF FLORIDA (Before a Referee) Complainant, Case No. SC v. TFB File No ,500(1A)

IN THE SUPREME COURT OF THE STATE OF FLORIDA. INQUIRY CONCERNING A JUDGE, THE HONORABLE LYNN ROSENTHAL No STIPULATION

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA

IN THE MATTER OF VSB Docket Nos HENRY A. WHITEHURST ORDER

PRELIMINARY STATEMENT. Michael Howard Wolf, Appellee, will be referred to as "respondent". The symbol

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D THE STATE OF FLORIDA, Petitioner, -vs- MAXIMILIANO ROMERO, Respondent.

IN THE SUPREME COURT STATE OF FLORIDA PETITIONER S BRIEF ON JURISDICTION

CARSON CITY JUSTICE & MUNICIPAL COURT SEALING OF RECORDS INFORMATIONAL PACKET (REVISED JUNE 2015)

IN THE SUPREME COURT OF FLORIDA. concerning the Board s consideration of the Final Report of the Character. Background

IN THE SUPREME COURT OF FLORIDA. Comments of Circuit Judge Robert L. Doyel

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION SIXTH AMENDED WITNESS AND EXHIBIT LIST WITNESS LIST. 1. Honorable Charles W.

IN THE SUPREME COURT OF FLORIDA (Before A Referee) The Florida Bar File No ,336(15D) FFC

TY CLEVENGER 21 Bennett Avenue #62 New York, New York 10033

FILED STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA SACRAMENTO L)l") 1.., !..]_ BY 'i\ < 1 c l-y..._,,.:l') ANALYST

Transcription:

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION INQUIRY CONCERNING A JUDGE, No. 03-14 / NOTICE OF FORMAL CHARGES TO: The Honorable James E. Henson Circuit Judge Ninth Judicial Circuit 2000 E. Michigan Street Orlando, Florida 32806 YOU ARE HEREBY NOTIFIED THAT the Investigative Panel of The Florida Judicial Qualifications Commission, by a vote of at least five members at its meeting held in Tampa, Florida on October 10, 2003, has determined, pursuant to Rules 2(2) and 6 of the Rules of the Florida Judicial Qualifications Commission, as revised, and Article V, Section 12(b) of the Constitution of Florida, that probable cause exists for formal proceedings to be instituted against you. Formal proceedings accordingly are hereby instituted to inquire into the following charges: COUNT ONE MISCONDUCT WHILE A JUDGE 1. In late 2000, while you were a county judge, you asked Rogelio Candelaria, a bail bondsman, to arrange a meeting between you and Dr.

Alberto Jimenez, whose daughter, Diana M. Jimenez, was facing a charge of DUI manslaughter. 2. On or about December 18, 2000, while you were a county judge, you met with Dr. Jimenez, who had previously retained Steve Jablon, Esq., to represent Diana Jimenez. The purpose of the meeting was for you to be retained in place of Mr. Jablon. At the meeting, you persuaded Dr. Jimenez to discharge Mr. Jablon and to retain you. 3. At the meeting with Dr. Jimenez, on or about December 18, 2000, in Mr. Candelaria s office, and while you were a county judge, you accepted a fee of $15,000 from Dr. Jimenez for the representation of his daughter. 4. On or about December 20, 2000, while you were a county judge, you were present in the courtroom at a hearing to set bond for Ms. Jimenez. COUNT TWO MISCONDUCT WHILE A LAWYER A. ADVICE TO CLIENTS TO LEAVE JURISDICTION 5. You represented Diane M. Jimenez, who was arrested on December 12, 2000 for DUI manslaughter and other related charges. In or about September or October, 2001, while Ms. Jimenez was released from jail on a $100,000 bond, you met with her and her father and discussed the possibility of Ms. Jimenez fleeing to Colombia, and you advised her to do so. 6. You represented Jerry Lee Thompson, who was arrested on April 29, 2001 for (I) unlawfully carrying a concealed handgun; (ii) unlawfully 2

possessing 10 grams or less of marijuana; and (iii) using or possessing drug paraphernalia. In or about the summer and fall of 2001, while Mr. Thompson was released from jail on a $25,000 bond, you advised him to flee to Mexico to avoid the charges he faced. 7. You represented Hector Rodriguez, Jr., who was arrested on March 14, 2001 for sexual battery charges. In or about January, 2002, while Mr. Rodriguez was released from jail on a $75,000 bond, you advised him to flee the jurisdiction, which he did. B. INADEQUATE REPRESENTATION OF CLIENTS 8. In the course of representing Ms. Jimenez, you failed to (I) properly investigate the case; (ii) hire a private investigator, as you promised; (iii) file appropriate motions in Ms. Jimenez s case; (iv) associate other counsel on the case, as you promised; (v) return Ms. Jimenez s telephone calls; and (vi) communicate the State s settlement offer to Ms. Jimenez of 10 or 12 years imprisonment, which was less than the 16 years to which she was later sentenced. 9. In or about October, 2002, you began representing Kathryn M. Cornelliouss to seek a reduction in her sentence for felony petty thefts, and assured her you could obtain a reduction or removal of $3,200 in court costs charged to her. In representing Ms. Cornelliouss, you failed to (I) timely appear for the hearing on the modification of her sentence on or about November 18, 2002, and appeared only after being called by Ms. Cornelliouss 3

mother; (ii) meet with Ms. Cornelliouss prior to the hearing; (iii) review Ms. Cornelliouss file prior to the hearing; (iv) review the applicable sentence reduction law; and (v) inform Ms. Cornelliouss that you were then a candidate for circuit judge, and that limitations on your time did not permit you to represent her properly. C. STOPPED CHECK PAYMENT 10. In or about August, 2002, you issued your check in the amount of $600 payable to the order of Gemini Bail Bonds. You wrote the check to Gemini in settlement of a theft claim brought by Gemini s owner, Richard F. Flood, in the case of State v. Robert Cockcroft, Jr.. Relying upon your payment, the State dismissed the charges against Mr. Cockcroft. However, you stopped payment on that check, and neither Gemini Bail Bonds nor Mr. Flood received the $600 settlement payment. Conduct unbecoming a member of the judiciary may be proved by evidence of specific major incidents which indicate such conduct, or it may be shown by an accumulation of small and ostensibly innocuous incidents which, when considered together, emerge as a pattern of conduct unbecoming a member of the judiciary. See In re Kelly, 238 So.2d 565, 566 (Fla. 1970). 4

The acts described above, if they occurred as alleged, were in violation of: (1) Canons 1, 2, 3, and 5 of the Code of Judicial Conduct, which were then applicable to you as a county judge, and (2) Rules 4-1.1, 4-1.2(d), 4-1.3, 4-1.4, 4-8.4(a), 4-8.4(b), and 4-8.4(c), Rules of Professional Conduct, which were then applicable to you as a lawyer and member of The Florida Bar. Further, these acts, if they occurred as alleged, would impair the confidence of the citizens of this state in the integrity of the judicial system and in you as a judge, would constitute conduct unbecoming a member of the judiciary, could demonstrate your present unfitness to hold the office of judge, and could warrant discipline, including removal from office, and discipline as an attorney. PLEASE TAKE NOTICE in accordance with the provisions of the Rules of the Florida Judicial Qualifications Commission, as revised, that you have twenty (20) days following service of this notice to file a written answer to the charges. The original of your response and all subsequent pleadings must be filed with the Clerk of the Supreme Court of Florida, and you must also comply with the requirements of the Supreme Court of Florida requiring simultaneous filing of a DOS formatted three and one-half diskette in Word Perfect 5.1 (or higher) format. 5

Copies of your answer should similarly be served on the General Counsel, Special Counsel and Executive Director of the Florida Judicial Qualifications Commission. Dated this 17 day of Dec., 2003. INVESTIGATIVE PANEL OF THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION Thomas C. MacDonald, Jr. Fla. Bar No. 049318 1904 Holly Lane Tampa, FL 33629 (813) 254-9871 (813) 258-6265 (facsimile) General Counsel for the Florida Judicial Qualifications Commission SMITH HULSEY & BUSEY By Mark Hulsey E. Lanny Russell Florida Bar Number 0038041 Florida Bar Number 303097 225 Water Street, Suite 1800 Jacksonville, Florida 32202 (904) 359-7700 (904) 359-7708 (facsimile) Special Counsel for the Florida Judicial Qualifications Commission 6

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Formal Proceedings has been furnished by certified mail #7001 2510 0007 6248 3831, return receipt requested, to the Honorable James E. Henson, Circuit Judge, Ninth Judicial Circuit, 2000 E. Michigan Street, Orlando, Florida, 32806, and Kirk N. Kirkconnell, Esq., 1150 Louisiana Avenue, P.O. Box 2728, Winter Park, Florida, 32790, on this 6th day of January, 2004. Brooke S. Kennerly Executive Director Florida Judicial Qualifications Commission 00442919 7