Florida Judicial Qualifications Commission alleges that Florida County Judge improperly used judicial stationary to lend prestige for private interest and received improper contributions

Hello and welcome to this JACPA Ethics Alert blog which discusses the Miami-Dade County Judge who was recently charged by the Florida Judicial Qualifications Commission for using her judicial stationary to lend the prestige of her judicial office for a private interest and accepted improper campaign contributions.

The Notice of Formal Charges was filed on March 19, 2012 and states that a JQC panel found probable cause that a Miami-Dade County Judge violated Florida Judicial Canons when she sent correspondence on her judicial stationary to the Florida Division of Corporations which stated that a company called Florida Wellness & Rehabilitation Center had been inadvertently closed and should be reinstated, and attached a supporting affidavit.  According to the Notice, the October 14, 2011 correspondence was sent on behalf of the company’s president, Mark Cereceda, who was a friend of the judge.

The Notice also alleges that the Division of Corporations considered the correspondence to be an Order and reinstated the corporation without a fee.  According to the Notice, there was no legitimate judicial reason to send the correspondence and the judge’s use of judicial stationary constituted the “lending of prestige of judicial office to a private interest” as well as the practice of law, both of which are prohibited under the Code of Judicial Conduct.  In addition, the Notice alleges that the judge had cases before her involving corporate entities associated with Mr. Cereceda when the correspondence was sent and that she received four campaign contributions for her re-election in the amount $500.00 from entities controlled by Mr. Cereceda.

The Notice also states that the Florida Supreme Court sanctioned the judge in 2005 with a public reprimand and a $25,000.00 fine for accepting illegal campaign contributions during her unsuccessful 1998 election campaign as well as her successful 2000 election.  Under the JQC’s disciplinary procedures, the Notice constitutes formal charges against the judge, who may file a written answer within 20 days.  If the judge is found guilty of the charges, she would be subject to removal from office “and/or any other appropriate discipline recommended by the Florida Judicial Qualifications Commission.”

Bottom line:  Although this Notice of Formal Charges does not constitute final findings of fact, guilt, and/or discipline, it again raises issues related to the election of judges who must solicit and rely upon contributions during their election campaigns.  Unlike Florida Bar disciplinary matters, JQC proceedings are confidential and do not become public unless probable cause is found, which occurred here.

Be careful out there!

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding these or any other ethics, risk management, or other issues, please do not hesitate to contact me.

THE LAW OFFICE OF JOSEPH A. CORSMEIER, P.A.

PROVIDES ETHICS ADVICE AND EXPERT OPINIONS TO LAWYERS AND LAW FIRMS

DEFENDS LAWYERS IN BAR MISSION AND DISCIPLINE CASES

(AND MUCH MORE!)

My law firm focuses on review, analysis, and interpretation of the Rules Regulating The Florida Bar, advice and representation of lawyers in Bar disciplinary matters, defense of applicants for admission to The Florida Bar before the Board of Bar Examiners, defense of all Florida licensed professionals in discipline and admission matters before all state agencies and boards, expert ethics opinions, and practice management for lawyers and law firms.  If there is a lawyer or other Florida professional license involved, I can defend the complaint or help you get your license.

If you have any questions or comments, please call me at (727) 799-1688 or e-mail me at jcorsmeier@jac-law.com.  You can find my law firm on the web at www.jac-law.com. In addition to handling individual cases, matters, problems and issues for my clients, I also am on retainer to provide ethics advice to numerous lawyers and law firms throughout the state of Florida.  I also provide legal assistance and advice to numerous individuals and non-legal entities to help insure compliance with the law and rules related to UPL and other issues.

Disclaimer:  this e-mail does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

NOTICE OF CONFIDENTIALITY:  This electronic communication and the information contained herein is legally privileged and confidential proprietary information intended only for the individual and/or entity to whom it is addressed pursuant to the American Bar Association Formal Opinion No. 99-413, dated March 10, 1999 and all other applicable laws and rules.  If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited.  Any unauthorized use, distribution, or disclosure of this communication is strictly prohibited.  If you have received this in error, please notify us immediately by return e-mail at the above telephone number and then delete message entirely from your system.  Thank you for your cooperation.

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Filed under Attorney discipline, Attorney Ethics, Florida judge ethics, Florida Judicial Canons, Florida Judicial Qualifications Commission, Florida Lawyer Ethics and Professionalism, joe corsmeier, Judicial ethics, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism

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