Florida judge suspended for six months for judicial campaign violations and Bar Rule violations while he was a practicing lawyer

Hello everyone and welcome to this Ethics Alert which will discuss the recent opinion of the Florida Supreme Court reprimanding and suspending a judge for six (6) months for violating the Florida Code of Judicial Conduct Canons related to judicial candidates and the Rules Regulating The Florida Bar while he was a practicing lawyer for, inter alia, making improper and false statements as a candidate, and failing to withdraw from a lawsuit where he had a conflict of interest.  The case is Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III, No. SC14-383 (March 2, 2017) and the Court’s opinion is here:  https://efactssc-public.flcourts.org/casedocuments/2014/383/2014-383_disposition_138059.pdf

The investigation into the alleged misconduct began before the judge was elected as a Third Judicial Circuit judge in 2012.  The judge was alleged to have had a conflict of interest while he was representing clients as a lawyer and of, among other things, falsely stating that he had never been accused of conflict of interest and stating that he was “pro-life” and Republican at campaign events before his election in 2012.  The judge maintained that his comments regarding his party and his views regarding abortion were “political speech” protected by the First Amendment.

The judge was also named in an inquiry by a Florida House committee regarding the time it takes to investigate and resolve allegations against judges.  Former Duval Circuit Judge Mark Hulsey was also named; however, he resigned the day before the committee began the inquiry.

In March 2015, after an investigation, the Judicial Qualifications Commission (JQC) recommended a 90-day suspension without pay; however, the opinion rejected that recommendation and imposed a six (6) month suspension, reprimand, and required payment of the JQC’s costs.

According to the opinion:  “All the violations established in this case demonstrate a pattern of poor judgment, and lack of concern for jointly represented clients and for other counsel and their clients.”  “Judge Decker’s misconduct unquestionably warrants the imposition of a serious sanction.”  The opinion also indicated that the judge’s misconduct did not result in any harm to his clients or anyone else and: “Although the series of acts by Judge Decker involving misconduct requires the imposition of a serious sanction, we have concluded it does not merit removal from office.”

Bottom line:  This case is interesting since all judicial candidates and judges are subject to investigation by the JQC  for alleged violations of the Judicial Canons for alleged misconduct while they are candidates or while they are on the bench.  They also can (and have been) prosecuted by The Florida Bar for misconduct before they are sworn in as a judge.  In this case, the Court suspended the judge for conduct both as a practicing lawyer and as a judicial candidate; however, The Florida Bar will have jurisdiction to prosecute the judge for Florida Bar Rule violations after he is no longer a judge.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship 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.

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670



About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
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