How bad does a Judge have to mess up in order to get PUBLICLY punished?

Full Public Hearing:    • 182060 Inquiry Concerning a Judge No...  

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Music:
Dark Tranquility – Anno Domini Beats
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Have you ever seen a Judge getting punished? How about PUBLICLY punished?

This Judge was punished for 3 things he did during just one afternoon during a criminal jury trial. What might surprise you though is that you can watch other Judges doing the SAME things in trials that are being broadcast on YouTube everyday.

How the Florida Supreme Court concluded Judge Baily’s punishment hearing though, will surprise you.

The Jury Trial

Judge Bailey (now former Judge Bailey after getting voted out of office following his punishment) was presiding over a criminal jury trial in Florida. During the proceeding, while the Jury was in the Courtroom, the attorneys approached the bench for a sidebar to discuss an objection.

A sidebar, in case you didn’t know, is a brief discussion of the law or facts with the Court that is typically on the record, but not supposed to be heard by the Jury.

While discussing the objection, Defense Attorney #1 attempted to explain his objection, but the Judge didn’t understand, so his cocounsel (Defense Attorney #2) attempted to explain. They weren’t talking over each other and at all times the Defense Attorneys were speaking respectfully to the Judge.
How the Judge responded to Defense Attorney #2 attempting to help Defense Attorney #1, is what landed him in trouble.

The Judicial Canons

Judges are required to follow a set of ethical principles and standards known as Judicial Canons.
Not canons , but canons . These canons are established to ensure the integrity, impartiality, and fairness of the judiciary system. They provide guidelines for judges to maintain public trust and confidence in the judicial system.

Violations of these Judicial Canons will get a Judge punished, to include removal from the Bench.

Violation #1 of Judicial Canon – Lost His Temper

When Defense Attorney #2 attempted to better articulate the explanation for Defense Attorney #1’s objection, the Judge immediately snapped and raised his voice over the “white noise” that is intended to prevent the Jury from hearing the sidebar discussion.

The Judge angrily said “Only one lawyer argues. Two lawyers can’t argue one argument.” As Defense Attorney #2 attempted to tell the Judge that he meant no disrespect, the judge summoned the Deputy in the Courtroom and ordered him to return the lawyer to his seat. Defense Attorney #2 immediately went back to the counsel table as the Deputy was walking towards him.

Florida Judicial Canon 3(B)(4) says, “A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity…”

When the Judge lost his temper with the Defense Attorneys, snapped at them during the sidebar, and then illegally ordered the Deputy to use unlawful physical force, the Judge violated this Judicial Canon.
But wait, it gets worse.

Violation #2 of Judicial Canon – Denied Due Process

Judges are required, within reason, to allow attorneys and parties to be heard according to law. The Judge’s unlawful threat of physical force, by ordering the Deputy to return the Defense Attorney to his seat, didn’t just call into question the Judge’s impartiality, but also unlawfully deprived the Defendant of the right to be heard according to law.

The U.S. Constitution, and basic human decency, requires Due Process. Anything less is just a Kangaroo Court. Procedural Due Process requires 1) Notice, 2) the Right to be Heard, and 3) an Impartial DecisionMaker.

Florida Judicial Canon 7(B) says, “A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law.”

When the Judge deprived the Defendant, through her counsel, of the right to be heard, he also deprived her of her right to Due Process.
Oh, but this Judge wasn’t done yet.

Violation #3 of Judicial Canon – Disregarded the Law

You must realize, this interaction during the sidebar probably happened quickly. As in, over the course of a minute or so after what could have been hours’ worth of testimony.

Defense Attorney #1 immediately realized the impact of the Judge’s comments in front of the Jury. He asked the Judge for a recess so that he could draft a Motion to Disqualify the Judge because the Judge’s...

Chapters:
00:00 – Judge Publicly Punished
00:25 – The Jury Trial
01:12 – The Judicial Canons
01:35 – Violation #1 of Judicial Canon – Lost His Temper
02:35 – Violation #2 of Judicial Canon – Denied Due Process
03:27 – Violation #3 of Judicial Canon – Disregarded the Law
04:54 – The Punishment