Inquiry Concerning a Judge: Brandt C. Downey III SC

Transcription

1 The following is a real-time transcript taken as closed captioning during the oral argument proceedings, and as such, may contain errors. This service is provided solely for the purpose of assisting those with disabilities and should be used for no other purpose. These are not legal documents, and may not be used as legal authority. This transcript is not an official document of the Florida Supreme Court. Inquiry Concerning a Judge: Brandt C. Downey III SC ALL RISE. HEAR YE, HEAR YE, HEAR YE. THE SUPREME COURT OF FLORIDA IS NOW IN SESSION. ALL WHO HAVE CAUSE TO PLEA, DRAW NEAR, GIVE ATTENTION, AND YOU SHALL BE HEARD. GOD SAVE THESE UNITED STATES, THE GREAT STATE OF FLORIDA AND THIS HONORABLE COURT. LADIES AND GENTLEMEN, THE FLORIDA SUPREME COURT. PLEASE BE SEATED. >> GOOD MORNING, FRIENDS AND WELCOME TO THE FLORIDA SUPREME COURT IN THE FINAL MORNING OF ARGUMENT FOR SEPTEMBER, FRIDAY 22ND. THE FIRST MATTER THAT WE MUST ADDRESS IS THE MATTER CONCERNING JUDGE BRANDT DOWNEY. JUDGE DOWNEY, WOULD YOU PLEASE APPROACH THE PODIUM. GOOD MORNING. >> GOOD MORNING. JUDGE DOWNEY THE PROCEEDING THAT IS BEFORE US TODAY REMINDS US ALL OF THE IMPORTANCE OF MAINTAINING OF THE DIGNITY APPROPRIATE THROUGH JUDICIAL OFFICE AND THE DUTY OF EACH JUDICIAL OFFICER TO ACT IN A MANNER CONSISTENT WITH THE INTEGRITY OF THE ENTIRE JUDICIAL BRANCH. NOTHING IS MORE IMPORTANT TO CIVILIZED SOCIETY IN THIS COUNTRY THAN THE THREAT OF TRUST AND CONFIDENCE THAT HOLDS OUR JUSTICE SYSTEM TOGETHER AND HOLDS OUR SOCIETY TOGETHER. IT IS IMPERATIVE FOR THOSE FOR THE EFFECTIVE FUNCTIONING OF OUR JUSTICE

2 SYSTEM THAT ALL OFFICERS OF -- ABSTAIN FROM INAPPROPRIATE, DISRESPECTFUL BEHAVIOR WHICH TENDS TO REFLECT NEGATIVELY ON THE ENTIRE SYSTEM AND ON EACH AND EVERY ONE OF US. THE FAILURE OF A SINGLE JUDGE TO MAINTAIN THE DIGNITY AND THE QUORUM THAT'S COMMENCERATE WITH OUR JUDICIAL OFFICE UNMINES THE INTEGRITY OF EVERY JUDGE. NONE OF US ARE PERFECT AND WE ALL HAVE HUMAN FRAILITIES. BUT THE CONDUCT THAT BRINGS YOU HERE TODAY IS TRULY SHOCKING. WHEN YOU ARE USING THE PROPERTY OF THE PEOPLE OF FLORIDA. THE CHARGES AGAINST YOU ARISE FROM AND RELATE TO YOUR ADMITTED INAPPROPRIATE USE OF COURT EQUIPMENT. OF COURT TECHNOLOGY FOR VIEWING MATTERS OF A PORNOGRAPHIC MATTER ON THE PROPERTY BELONGING TO THE PEOPLE OF THE STATE OF FLORIDA. ON MAY 26th, 2006, A STIPULATION BETWEEN YOU AND THE INVESTIGATIVE PANEL OF THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION WAS PRESENTED TO US PURSUANT TO ARTICLE V SECTION 12 OF THE FLORIDA CONSTITUTION AND THE RULES OF THE JUDICIAL QUALIFICATIONS COMMISSION. IN THAT STIPULATION, YOU ADMITTED THE CHARGES FILED AND THE INAPPROPRIATE OF THE CONDUCT AND THE IMPRO PRYITY OF THE EVERYTHING THAT WAS INCLUDED WITHIN THE CHARGES RELATING TO YOUR HABITIAL VIEWING OF PORNOGRAPHY FROM YOUR COURTHOUSE COMPUTER. THOSE INCLUDED BEGINNING IN OR ABOUT THE YEAR OF 2002 AND CONTINUING FOR A

3 THREE-YEAR PERIOD THROUGH 2005 YOU ENGAGED IN THE PRACTICE OF VIEWING INAPPROPRIATE INTERNET WEB SITES FROM THE COMPUTER IN YOUR CHAMBERS. YOUR PRACTICE OF VIEWING THIS MATERIAL FROM YOUR COMPUTER RESULTED IN FREE KPWEPBT COMPUTER VIRUSES INFECTING THE COMPUTER SYSTEM. THE COURTHOUSE ANTI-VIRUS SOFTWARE QUARANTINED THE VIRUSES ON YOUR COMPUTER WHICH IN TURN REQUIRED REMOVAL BY TECHNOLOGY STAFF MEMBERS EITHER FROM A REMOTE LOCATION OR IN PERSON BY COMING TO YOUR OFFICE TO REMOVE THOSE VIRUSES. I WOULD HAVE THOUGHT THAT YOU WOULD HAVE BEEN SO EMBARRASSED YOU WOULD HAVE NEVER DONE IT AGAIN. AS A RESULT, ON AT LEAST TWO OCCASIONS COURTHOUSE PERSONNEL WERE UNWITTINGLY EXPOSED TO IMAGES WHEN THEY REPORTED TO YOUR OFFICE THAT THEY OUGHT NOT TO HAVE BEEN EXPOSED TO. IN ADDITION, ON AT LEAST ONE OCCASION YOUR JUDICIAL ASSISTANT WAS ALSO EXPOSED TO THAT REGRETTABLE WEB SITE IMAGE OR PRESENT IN YOUR OFFICE DURING A REPAIR SERVICE CALL. YOU REPEATEDLY IGNORED WARNING FROM A TECHNOLOGY STAFF ADVISING YOU OF THE RISK TO THE ENTIRE COMPUTER NETWORK. YOU RISKED THE ENTIRE NETWORK DUE TO YOUR VIEWING OF THOSE WEB SITES. IN ADDITION WHILE DENYING YOUR ACTION ROSE TO THE LEVEL OF SEC -- SEXUAL HARASSMENT. WHEN YOU APPEARED HERE BEFORE YOU DID ACKNOWLEDGE THE INPROPRIETY DIRECTED

4 TOWARD THE FEMALE ASSISTANT STATE ATTORNEY WHILE WORKING IN ABOUT THE COURTHOUSE AND WHILE WORKING AND APPEARING BEFORE YOU. YOU MAY -- YOU MADE TELEPHONE CALLS INVITED HER TO LUNCH AND TKEUFRPB -- DINNER. YOUR BEHAVIOR TOWARD THIS LAWYER EMBARRASSED HER AND SUFFERED THE MOCK AND RIDICULE OF OTHERS. IT'S INEXCUSABLE. IN MARCH YOU ASKED OF -- OF 2005 YOU ASKED ANOTHER FEMALE ATTORNEY TO APPROACH THE BENCH WHILE THE COURT WAS IN SESSION. AND YOU ENGAGED IN PERSONAL CONVERSATIONS DURING COURT TIME. YOU SENT S REGRETTABLE S NICE SEEING YOU IN COURT LOOKING SO PRETTY. BEST REGARDS, GREAT SEEING YOU LAST NIGHT, YOU LOOKED GOOD ENOUGH, TO -- OH, WELL, WISHFUL THINKING. JUDGE, DOWN KPWREU, WHAT WERE YOU THINKING? WHAT WERE YOU THINKING? BY CONDUCTING YOURSELF IN THIS MANNER, YOU'VE IMPAIRED THE CONTY AGAINST OF THE CITIZENS OF THE STATE AND THE INTEGRITY THAT WE WORK SO HARD TO MAINTAIN. YOU'VE IMPAIRED THE PUBLIC'S CONTY AGAINST YOU AS A JUDGE AND YOU'VE IMPAIRED CONFIDENCE IN ALL OF US THAT SIT HERE ON THIS BENCH THIS MORNING. YOU'VE CONDUCTED YOURSELF IN A MANNER UNBECOMING OF THE MEMBER OF THE JUDICIARY AND YOU VIOLATED SEPARATE AND MULTIPLE CAN -- CANONS OF THE CODE OF JUDICIAL CONDUCT. YOU VIE LATERED CANON ONE BY FAILING TO MAINTAIN THE INTEGRITY OF THE JUDICIARY, AND CANON-2-5 BY REOATING

5 PUBLIC CONFY DECEMEMBER IN THE EVIDENCE OF THE SKWREUGS ARE I. WHETHER YOU HAVE A VERY, VERY SERIOUS PROBLEM AND HAVE A SICKNESS OR JUST PLAIN STUPID THE IMPACT ON ALL OF US IS ENORMOUS. WE HAVE A CONSTITUTIONAL MANDATED PROCESS THROUGH WHICH WE ADDRESS CONDUCT SUCH AS THIS AND INVEST SUBSTANTIAL AUTHORITY TO JUDICIAL QUALIFICATION. IN ACCORDANCE WITH YOUR STIPULATION, IS THE REASON YOU ARE HERE FOR A REPRIMAND AND OUR ACCEPTANCE OF THE STIPULATION WAS ALMOST A DEAL WITH THE DEVIL BECAUSE UNDER THESE CIRCUMSTANCES WE WERE VIRTUALLY FORCED TO ACCEPT THE STIPULATION TO PLACE YOU BEYOND THE COURTROOM FOR -- ON A PERMANENT BASIS, ALTHOUGH, YOU ARE PERMITTED TO STAY FOR A SHORT PERIOD OF TIME. WE'RE HERE TODAY IN THE -- IN AN ATTEMPT TO PRESERVE AND RESTORE PUBLIC CONFIDENCE IN WHAT WE DO AND IN OUR JUSTICE SYSTEM. WHEN YOU ACCEPTED THE JUDICIAL OFFICE AND, SIR, WE DO UNDERSTAND THAT YOU SERVE WELL FOR A NUMBER OF YEARS YOU STEPPED ACROSS THE RANKS OF EASTERN OR TPHAEURD CITIZEN AND YOU ASSUMED AN OTHER TO BE A JUDGE. THAT'S MUCH MORE THAN JUST A PHYSICAL STEP. IT MUST BE A TOTAL PHYSICAL AND MENTAL COMMITMENT TO SERVE JUSTICE, TO SERVE THE IDEALS OF THE JUSTICE SYSTEM AND TO LIVE THE IDEALS OF A PROPER JUDICIAL OFFICER. OUR BEHAVIOR MUST BE OPEN FOR CONSIDERATION AT ALL TIMES IF WE ARE TO EXPECT THE JUDICIAL BRANCH TO ADVANCE AND PROTECT THE RULE

6 OF LAW THAT'S ABSOLUTELY NECESSARY TO HOLD US TOGETHER AS A PEOPLE. THE BEHAVIOR THAT HAS BROUGHT YOU HERE TODAY IS A TOTAL DISREGARD FOR THOSE IDEALS AND THE IDEALS THAT WE MANDATE FOR OURSELVES. NOW WHILE IN YOUR PERSONAL LIFE YOU MAY CERTAINLY HAVE LIBERTIES TO ENGAGE IN ACTIVITIES THAT MAY BE PROTECTED BY THE CONSTITUTION AND THE PRIVACY OF YOUR OWN HOME OR OTHER LOCATIONS WHETHER THAT WOULD BE DISGUSTING OR NOT FROM OTHER FOLKS, BUT AS AN OFFICER OF THE COURT IT IS COMPLETELY TOTALLY BLATANTLY INAPPROPRIATE TO USE THE PROPERTY OF THE PEOPLE OF FLORIDA IN A BUILDING OWNED BY THE PEOPLE OF FLORIDA FOR VIEWING PORNOGRAPHY. MORE THAN SIMPLY INAPPROPRIATE IT'S TOTALLY DISRESPECTFUL. DISRESPECTFUL OF THE POSITION, DISRESPECTFUL OF THE SUPPORT PERSONNEL WORKING IN THE COURTHOUSE, DISRESPECTFUL OF THE CITIZENS OF THE STATE AND DISRESPECTFUL OF EVERY JUDGE WHO IS HONORED YOU SOILED. YOU ARE GIVEN THE PRIVILEGE OF DECIDING MATTERS OF GREAT IMPORTANCE TO FAMILIES, IMPORTANCE TO SOCIETY, AND MAKING DECISIONS THAT IMPACT THE VERY ESSENCE OF OUR REPUBLIC. ALONG WITH THIS PRIVILEGE COMES THE ABSOLUTE RESPONSIBILITY OF MEETING EXPECTATIONS OF BEHAVIOR. THE RESPONSIBILITY CAN AT TIME BE VERY, VERY HEAVY. BUT WE CANNOT SLIP. THE TYPE AND DEGREE OF THE REPETITIVE UNACCEPTABLE BEHAVIOR IN WHICH YOU ENGAGED PAINTS A PICTURE OF

7 SOMEONE WHO IS SIMPLY DOES NOT UNDERSTAND THE RUDEMENTRY BOUNDS OF JUDICIAL DECORUM OR JUST DOESN'T CARE. THE USE OF TECHNOLOGY PROVIDED BY THE PEOPLE OF FLORIDA TO VIEW THESE WEB SITES ON THE TIME OF THE PEOPLE OF FLORIDA WOULD NOT BE TOLERATED BY ANY EMPLOYEE AND THAT BEHAVIOR CERTAINLY AND CANNOT BE TOLERATED BY OUR JUDICIAL OFFICERS. THE CONDUCT AS -- IS FALLEN SHORT OF THE STANDARD THAT WE SIT -- SET FOR OURSELVES AND IT'S DISREGARD FOR THE ETHICAL RESPONSIBILITY YOU ASSUMED WHEN YOU ENTERED THIS OFFICE. ON SEVERAL OCCASIONS WHEN THE COURTHOUSE SUPPORT PERSONNEL AND YOUR JUDICIAL ASSISTANT WAS EXPOSED TO THIS MATERIAL YOU HAD NO RIGHT TO EXPOSE THEM TO THAT KIND OF MATERIAL. THE COURTHOUSE JUST AS IN OTHER WORKPLACE ENVIRONMENT CANNOT AND WILL NOT BE A PLACE IN WHICH EMPLOYEES ARE EXPOSED TO UNWELCOME AND DISCUSSING IMAGES OF ANY VARIETY. FAR FROM SERVING A MODEL TO OTHER WORKPLACES, YOUR RECKLESS BEHAVIOR CONTRIBUTED TO THE CREATION OF REALLY WHAT WAS A HOSTILE WORK ENVIRONMENT IN THAT COURTHOUSE AND IN YOUR CHAMBERS. WE WILL NOT AND CANNOT TOLERATE THAT TYPE OF ENVIRONMENT FOR ANY OF OUR EMPLOYEES. THE DISREGARD FOR THE TECHNOLOGY OF OTHER JUDGES IS ALSO FAR BEYOND BELIEF. AFTER NUMEROUS WARNING THAT THOSE WEB SITES CARRIED VIRUSES AND CAUSING INFECTION, YOU CONTINUED ON

8 AND ON AND ON. NOTWITHSTANDING THOSE WARNINGS. IN A DAY IN AGE WHEN THE COURT ARE INCREASINGLY DEPENDENT ON OUR COMPUTER SYSTEMS FOR THE VERY OPERATION OF OUR DAY-TO-DAY BUSINESS YOUR CALLOUS DISREGARD FOR THAT RISK POSED A TERRIBLE INEXCUSABLE CIRCUMSTANCE. IT'S IRRESPONSIBLE THE WAY YOU BEHAVED AND ALL JUDICIAL OFFICERS MUST UNDERSTAND THAT. THE PUBLIC FACE OF THE JUDICIARY IS EACH JUDGE AS WE WORKDAY IN AND DAY OUT OUR MAYOR CAN SERVE AS A POSITIVE MODEL FOR IMPRESSIONABLE YOUTH OF THIS STATE. WE WOULD HOPE THAT THE HIGH ETHICAL STANDARD WE SET FOR ALL OFFICERS WOULD FOSTER A SITUATION IN WHICH EVERY JUDGE WOULD BE VIEWED AS THE PITAMY FOR THE POSITIVE EXAMPLE FOR THE YOUNGEST CITIZEN OF FLORIDA IN CITY -- INSTEAD OF SERVING AS THAT ROLE MODEL YOUR BEHAVIOR TEST NOT ONLY AN UNFAVORABLE IMAGE OF THE JUDICIARY, IT PRESENTED THE WORST OF ALL POSSIBILITIES TO DARK CLOUD ON ALL OF US TO OUR CHILDREN. THIS MORNING REPRIMAND IS AN EMBARRASSING MOMENT, NOT ONLY FOR YOU BUT FOR ALL OF US ON THIS BENCH FOR THE ENTIRE JUDICIAL BRANCH AN EMBARRASSMENT FOR THE PEOPLE OF FLORIDA. WE UNDERSTAND THAT THERE'S ROOM FOR FUN AND FOR FROLIC AND HUMAN NATURE BUT NOTHING, NOTHING ABOUT THE PATTERN OF THE BEHAVIOR THAT'S BROUGHT YOU HERE EVEN HENCE OF PROPRIETY. I AM EMBARRASSED TO SIT IN

9 THE MIDDLE CHAIR THIS MORNING IN FRONT OF THE CITIZENS OF FLORIDA TO HAVE TO CALL YOU BEFORE THE COURT FOR THIS TYPE OF CONDUCT. TO HAVE A JUDGE COMPELLED TO COME BEFORE THIS COURT BECAUSE OF THE TYPE OF BEHAVIOR WHICH YOU HAVE STIPULATED CONSTITUTES A TRUE TARNISH. IF YOU ARE NOT, I AM EMBARRASSED FOR YOU FAMILY, FOR YOUR FRIENDS AND FOR YOUR COMMUNITY. AND I WOULD HOPE THAT WE WOULD ALL APOLOGIZE TO ALL OF THEM, YOUR BEHAVIOR IS DISRESPECTFUL TO ALL OF THE PEOPLE ACROSS THIS GREAT STATE WHO HAVE PROVIDED YOU WITH THE SUPPORT AND PROVIDED YOU LOVE AND HAVE ALLOWED YOU TO OBTAIN AND MAINTAIN YOUR POSITION AS A JUDICIAL OFFICER. YOU OWE THEM AN APOLOGY AS MUCH AS TO ANYONE ELSE. ACCORDING TO THE STIPULATION, YOU WILL RETAIN YOUR POSITION UNTIL JANUARY 1, 2007 AT WHICH TIME YOU MUST RETIRE PERMANENTLY FROM THE BENCH. YOU WILL NOT SERVE AS A SENIOR JUDGE AND WILL NOT SEEK APPOINTMENT OR ELECTION AS A JUDGE IN ANYTIME IN THE FUTURE. YOU MUST ALSO SIGN AND PROVIDE TO THE JUDICIAL QUALIFICATIONS COMMISSION A LETTER OF PUBLIC APOLOGY FOR YOUR ACTIONS THAT WE ADDRESSED TODAY AND IT MUST BE ADDRESSED TO THE CITIZENS OF FLORIDA, YOUR FELLOW JUDGES, AND TO THE LEGAL COMMUNITY. WHILE YOU REMAIN IN THAT POSITION FOR THIS SHORT PERIOD OF TIME, YOU WILL HAVE RESTRICTED ACCESS TO AND THE INTERNET ON

10 THE PUBLIC PROPERTY. YOU MUST CONTINUE YOUR COUNSELING UNTIL SUCH TIME AS YOUR COUNSELOR RELEASES YOU FROM THAT TREATMENT. YOU WILL PROVIDE A COPY OF THAT RELEASE TO THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION. AND MOST IMPORTANTLY YOU MUST ALSO SIGN A LETTER OF RESIGNATION THAT WILL TAKE EFFECT SHOULD THE JUC FIND PROBABLE CAUSE TO CHARGE YOU WITH ANY TKEURBLG ETHICAL VIOLATION OR IF YOU FAIL TO ABIDE WITH BY THE TERMS OF THE STIPULATION. JUDGE DOWNEY, BECAUSE THERE'S NO WAY THAT ANY OF US CAN UNDO WHAT YOU HAVE DONE, WE REQUIRED THAT YOU BE HERE TODAY FOR THIS PUBLIC REPRIMAND. THE DISCIPLINING OF JUDGES WHO COMMIT ETHICAL BREACHES IS A RESPONSE THABLT THIS COURT REGARDS AS VITALLY NECESSARY TO MAINTAINING THE INTEGRITY OF THE JUDICIAL BRANCH. IT IS BUT A SMALL WAY THAT WE CAN ASSURE THE PUBLIC, THE CITIZENS OF FLORIDA THAT WE TAKETHCAL BREECHES BY JUDGES VERY, VERY SERIOUSLY. AS A JUDGE IN THE STATE OF FLORIDA FOR THELENTH OF YOUR CAREER YOU SHOULD HAVE KNOWN BETTER. BUT YOU ACTED OUT OF IGNORANCE, ARROGANCE, WITHOUT THINKING, IT'S A SHADOW ON ALL OF US. I SINCERELY HOPE THAT THIS REPRIMAND WILL CONVEY TO YOU AND ALL OFFICERS AND THE PEOPLE OF FLORIDA THE IMPORTANCE OF THEDY REESE SUSPECTFUL GROSSFULLY INAPPROPRIATE BEHAVIOR AS WELL AS ANY BEHAVIOR THAT THREATENS THE INTEGRITY OF OUR PROCESS.

11 THE JUDICIARY SERVES TO IMPORTANT ROLE IN OUR SOCIETY, TO ALLOW ANY ONE OF US TO JEOPARDIZE THE INTEGRITY. YOUR BEHAVIOR JUDGE DOWNEY HAS THREATENED TO DO JUST THAT. LET THIS BE A MESSAGE THAT SUCH BEHAVIOR BY JUDICIAL OFFICERS SIMPLY WILL NOT BE TOLERATED. JUDGE DOWNEY, I REGRET THAT YOU HAVE TO BE HERE TODAY. AND I'M EMBARRASSED TO HAVE TO ADDRESS THIS MATTER. YOU ARE OUT YOUR PUBLIC REPRIMAND IS CONCLUDED AND YOU MAY LEAVE NOW, SIR. >> MAY I SAY A WORD. >> YES, SIR. I WOULD LIKE TO HUMBLY ACCEPT THE REPRIMAND YOU HAVE GIVEN ME. I HAVE ACKNOWLEDGED THAT MY ACTIONS CERTAINLY WERE INAPPROPRIATE FOR A JUDGE. CERTAINLY ONE OF MY LONG. I HAVE ALREADY SIGNED THE APOLOGY TO THE JQC DIRECTED TO JUDGE WOLF. I'VE ALREADY SIGNED THE LETTER OF RESIGNATION DIRECTED TO THE GOVERNOR SHOULD THE JQC FIND FURTHER ACTION. I HAVE ALREADY APOLOGIZED PROFUSE WILL Y TO MY FAMILY AND FRIENDS FOR ANY EMBARRASSMENT THIS MIGHT HAVE CAUSED. I AM HUBBELLABLY AND TRUTHFULLY SORRY FOR MY ACTION. AND I HAVE BEGGED EVERYONE FORGIVENESS. IN MY RELIGION I AM TAUGHT THAT IF YOU ADMIT YOUR SHORTCOMINGS AND SINS TO GOD AND ASKED FOR FORGIVENESS THAT YOU WILL BE FORGIVEN. I FEEL IN MY HEART HAVING DONE THAT, THAT GOD HAS FORGIVEN ME FOR MY SINS.

12 I FEEL THAT MY FAMILY AND FRIENDS HAVE TOO. INCLUDING THOSE FRIENDS OF MINE WHO EVEN WITH THE CHARGES PENDING URGE ME TO RUN FOR REELECTION. BUT I DECLINED THAT BECAUSE I DID NOT WANT TO CAUSE ANY ADDITIONAL EMBARRASSMENT OR PUBLICITY OF THIS MATTER TO MY FAMILY. I THANK YOU FOR YOUR TIME.