Florida/Georgia Personal Injury & Workers Compensation

...Each advertisement stated: “Paid for by campaign account for Gary Graham,” indicating that it was a paid political advertisement. During the campaign in August of 1990, Charles Horn, Graham’s opponent, publicly accused Graham of violating Florida Statute § 105.071(11). Florida Statute § 105.071(11) reads: “A candidate for judicial office shall ■not: ......

...II.PROCEDURAL HISTORY On March 16, 1992, Graham and Litras, collectively appellants, filed this lawsuit against Robert Butterworth, State of Florida Attorney General, and Bradley King, seeking declaratory and injunctive relief against enforcement of Florida Statute § 105.071(11)....

...ause the statute does not apply to their prior or intended conduct; thus, the appellees have continuously maintained that they cannot prosecute the appellants. IV.ISSUE We must decide whether the appellants have standing to challenge Florida Statute § 105.071(11), and if so, whether subsequent developments have rendered this case moot....

...William Rogers, an historian at Florida State University. . See also Fla.Stat.Ann. § 105.041(3) (West 1992) (“No reference to political party affiliation shall appear on any ballot with respect to any nonpartisan judicial office or candidate.”); Id. § 105.071 (listing limitations on partisan political activities by candidates for judicial office); Id....

...nduct, namely that he engaged in prohibited partisan political activity. On May 23, 2003, the JQC filed a notice of formal proceedings against Judge Angel charging him with thirteen ethical violations. Judge Angel was charged with violating sections 105.071(1) and (3) of the Florida Statutes (2003), [1] and violating Canon 7 of the Code of Judicial Conduct, specifically sections 7 A(1)(d), 7 A(3), and 7 C(3). [2] The JQC's notice of formal charges set forth in pertinent part the following: *381 1. During the campaign, on or about June 29, 2002, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(1)(d) and 7C(3), you attended a "Grass Roots BBQ" sponsored by the Marion County Republican Party to which your opponent was not invited, with your wife and daughter where you and they campaigned for your election. 2. During the campaign, on or about July 4, 2002, in violation of § 105.071(1) and Canon 7A.(1)(d) and 7C.(3), you attended and made a campaign speech at the Silver Springs Democratic Club gathering to which your opponent was not invited. 3. During the campaign, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(1)(d) you attended and participated in a regular meeting of the Ocala Republican Women. 4. During the campaign, in violation of § 105.071(1) and Canon 7A.(1)(d), you attended and you and members of your family campaigned for your election at a "Salute to Labor Picnic and Democratic Candidate Rally." 5. During the campaign, on or about August 15, 2002, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(1)(d), you attended and participated in a meeting of the Republican Club of Sumter County. 6. During the campaign on or about August 26, 2002, in violation of § 105.071, Florida Statutes, and Canon 7A.(1)(d), 7A.(3)(c) and 7C.(3), you attended and participated in the Lake County Federated Women Republican's "Meet the Candidate Night" to which your opponent was not invited and knowingly permitted one of your daughters to make a campaign speech on your behalf at that event. 7. During the campaign, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(1)(D) and 7C.(3), you attended the "Dennis Baxley Family Picnic" which was a partisan political gathering to support Republican Dennis Baxley, a Republican candidate for the House of Representatives, to which your opponent was not invited and spoke asking for the votes of the persons present. 8. During the campaign, in violation of § 105.071(1), Florida Statutes, Canon 7A.(1)(d), 7C.(3), and 7A.(3)(c), you knowingly authorized one of your daughters to attend and campaign on your behalf at a "Republican Grass Roots Meeting" in Brooksville, Florida. 9. During the campaign, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(1)(d) and 7A.(3)(c), you knowingly permitted one of your daughters to attend, speak and campaign at a meeting of the Palm Bay Democratic in Marion County, Florida to which your opponent was not invited. 10. During the campaign, in violation of § 105.071(1), Florida Statutes, Canon 7A.(1)(d) and 7A.(3)(c), you knowingly permitted one of your daughters to attend and campaign on your behalf at the Oak Run Republican Club's "Candidate Forum." 11. During the campaign, in violation of § 105.071(1), Florida Statutes, Canon 7A.(1)(d), 7C.(3) and 7A.(3)(c), you knowingly permitted one of your daughters to attend, campaign and speak on your behalf at a meeting of the Silver Springs Shore Democratic Club to which your opponent was not invited. 12. During the campaign, in violation of § 105.071(1), Canon 7A.(1)(d) and 7A.(3)(c), you attended a Marion County *382 Republican Party forum in Ocala and were recognized as a judicial candidate. 13. During the campaign, in violation of § 105.071(3), Florida Statutes, and Canon 7C.(3), you publicly represented yourself and held yourself out as a member of a partisan political party....

...A review of the stipulation entered into by Judge Angel and the JQC, as well as the JQC's findings, demonstrates by clear *383 and convincing evidence that Judge Angel's conduct relating to partisan political functions violated both the spirit and the letter of section 105.071 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct....

...See In re Rodriguez, 829 So.2d 857, 860 (Fla.2002); In re McMillan, 797 So.2d 560, 566 (Fla.2001). In other cases, this Court has accepted the JQC's recommendation of public reprimand for conduct in violation of Canon 7 of the Code of Judicial Conduct, as well as section 105.071 of the Florida Statutes....

...tein, 620 So.2d 1000, 1002-03 (Fla. 1993) (approving public reprimand for violation of Canon 7); In re Turner, 573 So.2d 1, 2 (Fla.1990) (same); In re Kay, 508 So.2d 329, 330 (Fla.1987) (approving public reprimand for violation of Canon 7 as well as section 105.071, Florida Statutes); In re Pratt, 508 So.2d 8, 9-10 (Fla....

...D. Angel to appear before this Court for the administration of a public reprimand at a time to be established by the clerk of this Court. It is so ordered. ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. NOTES [1] Section 105.071 of the Florida Statutes (2003) provides in relevant part: A candidate for judicial office shall not: (1) Participate in any partisan political party activities, except that such candidate may register to vote as a member of any political party and may vote in any party primary for candidates for nomination of the party in which she or he is registered to vote. . . . . (3) Publicly represent or advertise herself or himself as a member of any political party. § 105.071(1), (3), Fla....

...Conduct, Canon 7. [3] The seven violations Judge Angel admitted correspond to charges 3 through 7, 12, and 13 of the notice of formal charges. Specifically, the stipulation encompassed the following charges: 1. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(1)(d) of the Code of Judicial Conduct, you attended and participated in a regular meeting of the Ocala Republican Womens Club. 2. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(1)(d) of the Code of Judicial Conduct, you and members of your family attended and campaigned for your election at a "Salute to Labor Picnic and Democratic Candidate Rally." 3. During the campaign, on or about August 15, 2002, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(1)(d) of the Code of Judicial Conduct, you attended and participated in a meeting of the Republican Club of Sumter County. 4. During the campaign, on or about August 26, 2002, in violation of section 105.071 of the Florida Statutes and Canon 7A(1)(d), 7A(3) and 7C(3) of the Code of Judicial Conduct, with your knowledge, your wife attended and participated on your behalf in the Lake County Federated Women Republican's "Meet the Candidate Night." Your wife assumed your opponent was invited, but your opponent was not invited and was not present. 5. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(1)(d) and 7C(3) of the Code of Judicial Conduct, you attended the "Dennis Baxley Family Picnic," which was a partisan political gathering to support Republican Dennis Baxley, a candidate for the House of Representatives, to which your opponent was not invited and you spoke asking for the votes of the persons present. 6. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(1)(d) and 7C(3) of the Code of Judicial Conduct, you attended a Marion County Republican Party forum in Ocala and were recognized as a judicial candidate. 7. During the campaign, in violation of section 105.071(3) of the Florida Statutes and Canon 7C(3) of the Code of Judicial Conduct, when asked about your political party affiliation, you identified yourself as a member of a partisan political party and thus held yourself out as a member of...

...Elections. 2. Contribute[d] approximately $5,000, that being one-third of the cost of printing and mailing the aforesaid sample ballots, into a pool of money in which two other judicial candidates contributed, such contribution being in violation of 105.071, F.S....

...r which promotes public confidence in judicial integrity and impartiality), *330 and Canon 7(B) (duty of judicial candidate to maintain dignity appropriate to judicial office and not misrepresent any fact) of the Code of Judicial Conduct, as well as section 105.071, Florida Statutes (1985)....

...Accordingly, we hereby publicly reprimand Judge Brian P. Kay and forewarn future candidates of non-partisan elections that more severe disciplinary measures may be imposed for such violations. It is so ordered. McDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur. NOTES [*] Section 105.071 provides in pertinent part: A candidate for judicial office shall not: ........

...*1527 Similarly, in the instant case, numerous less restrictive means furthering the State's interest in preventing judicial corruption already exist [15] . Judicial candidates are proscribed from participating in partisan political activity, Fla.Stat. § 105.071 (1993); Florida Code of Judicial Conduct Canons 7A(1), 7C(3), as well as from accepting the assistance of partisan political organizations....

...ssibly the most effective of the endorsing organizations). 8. Judicial candidates seek to garner as much support as possible and would apparently welcome endorsements as well from political or partisan groups. However, by the operation of Fla. Stat. § 105.071 [4] , the candidate himself would still be prohibited from engaging in any partisan political party activities....

...hey already exist. The court feels that the state can permissibly achieve its goal of keeping judicial elections non-partisan by regulating the partisan activity of judges and judicial candidates. This appears to have been accomplished by Fla. Stat. § 105.071, see note 3, supra....

...lief that Concerned Democrats of Florida were chartered by the Executive Committee in 1972. If so, and there are no facts to the contrary, then the plaintiff organization seems to fall within the range of groups defined in Fla. Stat. § 103.081. [4] 105.071 Candidates for judicial office; limitations on political activity A candidate for judicial office shall not: (1) Participate in any partisan political party activities, except that such candidate may register to vote as a member of any politi...

...ibility, [1] Disciplinary Rules 1-102(A) (conduct violating a disciplinary rule, conduct involving misrepresentation) and 2-102(A) (use of a professional notice or device containing a false, fradulent, misleading, or deceptive statement); as well as section 105.071, Florida Statutes (1985)....

...McDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur. NOTES [1] The Code of Professional Responsibility has been superceded by the Rules Regulating the Florida Bar, effective January 1, 1987. The Florida Bar Re Rules Regulating the Florida Bar, 494 So.2d 977 (Fla. 1986). [2] Section 105.071 provides in pertinent part: A candidate for judicial office shall not: ........

...refrain from commenting on affiliation with any political party and must avoid conduct suggesting support of a political party or a political issue); Rule of Professional Conduct 4-8.2(b) (lawyer who is a candidate shall comply with applicable Canons of Judicial Conduct); and section 105.071(3), Florida Statutes (2011) (candidate for judicial office shall not publicly represent himself or herself as a member of any political party). Charge 6 alleged that as an attorney, then-attorney Decker began representing Ci...

...corrected. Judge Decker - 12 - admitted making the statements. The Hearing Panel found this conduct violated Code of Judicial Conduct Canons 7A(1)(c) and 7C(3), Rule of Professional Conduct 4-8.2(b), and section 105.071(3), Florida Statutes (2011)....

...of a political organization. We do not find that the conduct alleged and proven in Charge 3 violated this particular subsection of Canon 7A. - 20 - the applicable Canons of Judicial Conduct. Finally, this conduct violated section 105.071(3), Florida Statutes, which prohibits a candidate for judicial office from publicly representing himself as a member of a political party.5 The evidence of the conduct alleged in Charge 6 was clear and convincing that then-a...

...nt, which ultimately occurred. Wells Fargo’s counsel testified that he did not learn 5. Judge Decker contends that the rule and statute are a violation of his right to free speech. However, we decline to rule on the constitutionality of section 105.071 or the provisions of the Code of Judicial Conduct that prohibit a candidate from publicly stating his or her affiliation with or support for a political party. The constitutional claim was not fully litigated in the JQC proceeding. Moreover, as to the challenge to section 105.071(3), the State of Florida was not given an opportunity to be heard as to the constitutionality of the state statute....

...publican and that his former affiliation with the Democratic Party “was an error.” Id. at 4. I agree with the majority that this conduct “was also proven and violated Canon 7C(3) of the Code of Judicial Conduct,” as well Rule 4-8.2(b) and section 105.071(3), Florida Statutes....

...filiation with any political party and must avoid conduct suggesting support of a political party or a political issue); Rule of Professional Conduct 4—8.2(b) (lawyer who is a candidate shall comply with applicable Canons of Judicial Conduct); and section 105.071(3), Florida Statutes (2011) (candidate for judicial office shall not publicly represent himself or herself as a member of any political party)....

...iation with the Democratic Party was an error he had corrected. Judge Decker admitted making the statements. The Hearing Panel found this conduct violated Code of Judicial Conduct Canons 7A(l)(c) and 7C(3), Rule of Professional Conduct 4-8.2(b), and section 105.071(3), Florida Statutes (2011)....

...We do not find that the conduct alleged and proven in Charge 3 violated this particular subsection of Canon 7A. . Judge Decker contends that the rule and statute are a violation of his right to free speech. However, we decline to rule on the constitutionality of section 105.071 or the provisions of the Code of Judicial Conduct that prohibit a candidate from publicly stating his or her affiliation with or support for a political party. The constitutional claim was not fully litigated in the JQC proceeding. Moreover, as to the challenge to section 105.071(3), the State of Florida was not given an opportunity to be heard as to the constitutionality of the state statute....

...nduct, namely that he engaged in prohibited partisan political activity. On May 23, 2003, the JQC filed a notice of formal proceedings against Judge Angel charging him with thirteen ethical violations. Judge Angel was charged with violating sections 105.071(1) and (3) of the Florida Statutes (2003), 1 and violating Canon 7 of the Code of Judicial Conduct, specifically sections 7 A(l)(d), 7 A(3), and 7 C(3). 2 The JQC’s notice of formal charges set forth in pertinent part the following: *381 1. During the campaign, on or about June 29, 2002, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(l)(d) and 7C(3), you attended a “Grass Roots BBQ” sponsored by the Marion County Republican Party to which your opponent, was not invited, with your wife and daughter where you and they campaigned for your election. 2. During the campaign, on or about July 4, 2002, in violation of § 105.071(1) and Canon 7A.(l)(d) and 7C.(3), you attended and made a campaign speech at the Silver Springs Democratic Club gathering to which your opponent was not invited. 3. During the campaign, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(l)(d) you attended and participated in a regular meeting of the Ocala Republican Women. 4. During the campaign, in violation of § 105.071(1) and Canon 7A.(l)(d), you attended and you and members of your family campaigned for your election at a “Salute to Labor Picnic and Democratic Candidate Rally.” 5. During the campaign, on or about August 15, 2002, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(l)(d), you attended and participated in a meeting of the Republican Club of Sumter County. 6. During the campaign on or about August 26, 2002, in violation of § 105.071, Florida Statutes, and Canon 7A.(l)(d), 7A.(3)(c) and 7C.(3), you attended and participated in the Lake County Federated Women Republican’s “Meet the Candidate Night” to which your opponent was not invited and knowingly permitted one of your daughters to make a campaign speech on your behalf at that event. 7. During the campaign, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(1)(D) and 7C.(3), you attended the “Dennis Baxley Family Picnic” which was a partisan political gathering to support Republican Dennis Baxley, a Republican candidate for the House of Representatives, to which your opponent was not invited and spoke asking for the votes of the. persons present. 8. During the campaign, in violation of § 105.071(1), Florida Statutes, Canon 7A.(l)(d), 7C.(3), and 7A.(3)(e), you knowingly authorized one of your daughters to attend and campaign on your behalf at a “Republican Grass Roots Meeting” in Brooksville, Florida. 9. During the campaign, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(l)(d) and 7A.(3)('c), you knowingly permitted one of your daughters to attend, speak and campaign at a meeting of the Palm Bay Democratic in Marion County, Florida to which your opponent was not invited. 10. During the campaign, in violation of § 105.071(1), Florida Statutes, Canon 7A.(l)(d) and 7A.(3)(c), you knowingly permitted one of your daughters to attend and campaign on your behalf at the Oak Run Republican Club’s “Candidate Forum.” 11. During the campaign, in violation of § 105.071(1), Florida Statutes, Canon 7A-(l)(d), 7C.(3) and 7A.(3)(c), you knowingly permitted one of your daughters to attend, campaign and speak on your behalf at a meéting of the Silver Springs Shore Democratic Club to which your opponent was not invited. 12. During the campaign, in violation of § 105.071(1), Canon 7A.(l)(d) and 7A.(3)(c), you attended a Marion County *382 Republican Party fornm in Ocala and were recognized as a judicial candidate. 13. During the campaign, in violation of § 105.071(3), Florida Statutes, and Canon 7C.(3), you publicly represented yourself and held yourself out as a member of a partisan political party....

...A review of the stipulation entered into by Judge Angel and the JQC, as well as the JQC’s findings, demonstrates by clear *383 and convincing evidence that Judge Angel’s conduct relating to partisan political functions violated both the spirit and the letter of section 105.071 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct....

...See In re Rodriguez, 829 So.2d 857, 860 (Fla.2002); In re McMillan, 797 So.2d 560 , 566 (Fla.2001). In other cases, this Court has accepted the JQC’s recommendation of public reprimand for conduct in violation of Canon 7 of the Code of Judicial Conduct, as well as section 105.071 of the Florida Statutes....

...tein, 620 So.2d 1000, 1002-03 (Fla. 1993) (approving public reprimand for violation of Canon 7); In re Turner, 573 So.2d 1, 2 (Fla.1990) (same); In re Kay, 508 So.2d 329, 330 (Fla.1987) (approving public reprimand for violation of Canon 7 as well as section 105.071, Florida Statutes); In re Pratt, 508 So.2d 8, 9-10 (Fla....

...e Carven D. Angel to appear before this Court for the administration of a public reprimand at a time to be established by the clerk of this Court. It is so ordered. ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. . Section 105.071 of the Florida Statutes (2003) provides in relevant part: A candidate for judicial office shall not: (1) Participate in any partisan political party activities, except that such candidate may register to vote as a member of any political party and may vote in any party primary for candidates for nomination of the party in which she or he is registered to vote. [[Image here]] (3) Publicly represent or advertise herself or himself as a member of any political party. § 105.071(1), (3), Fla....

...Fla.Code Jud. Conduct, Canon 7. .The seven violations Judge Angel admitted correspond to charges 3 through 7, 12, and 13 of the notice of formal charges. Specifically, the stipulation encompassed the following charges: 1. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(l)(d) of the Code of Judicial Conduct, you attended and participated in a regular meeting of the Ocala Republican Womens Club. 2. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(l)(d) of the Code of Judicial Conduct, you and members of your family attended and campaigned for your election at a "Salute to Labor Picnic and Democratic Candidate Rally." 3. During the campaign, on or about August 15, 2002, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(l)(d) of the Code of Judicial Conduct, you attended and participated in a meeting of the Republican Club of Sumter County. 4. During the campaign, on or about August 26, 2002, in violation of section 105.071 of the Florida Statutes and Canon 7A(l)(d), 7A(3) and 7C(3) of the Code of Judicial Conduct, with your knowledge, your wife attended and participated on your behalf in the Lake County Federated Women Republican's "Meet the Candidate Night." Your wife assumed your opponent was invited, but your opponent was not invited and was not present. 5. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(l)(d) and 7C(3) of the Code of Judicial Conduct, you attended the "Dennis Baxley Family Picnic,” which was a partisan political gathering to support Republican Dennis Baxley, a candidate for the House of Representatives, to which your opponent was not invited and you spoke asking for the votes of the persons present. 6. During the campaign, in violation of section 105.071(1) of the Florida Statutes and Canon 7A(l)(d) and 7C(3) of the Code of Judicial Conduct, you attended a Marion County Republican Party forum in Ocala and were recognized as a judicial candidate. 7. During the campaign, in violation of section 105.071(3) of the Florida Statutes and Canon 7C(3) of the Code of Judicial Conduct, when asked about your political party affiliation, you identified yourself as a member of a partisan political party and thus held yourself out as a member of...

...nons 7C(3) and 7D “very clearly and unambiguously” prohibit partisan political conduct by judges or candidates for judicial office. 1 After finding that Judge Kollra’s “course of conduct” violated 1. The JQC also explained that section 105.071, Florida Statutes, imposes certain limitations on political activity by candidates for judicial office, including prohibiting a candidate from “ ‘[c]ampaign[ing] as a member of any political...

...However, this Court is not obligated to accept a stipulation between the JQC and the subject of an investigation. Under article V, section 12(c)(1) of the Florida Constitution, this party,’ or ‘[p]ublicly represent[ing] or advertis[ing] herself or himself as a member of any political party.’ ” (Quoting § 105.071(2)-(3), Fla....

...2004) (imposing public reprimand for judge who admitted to, among other things, multiple violations of Canon 7C(3), and listing cases in which “this Court has accepted the JQC’s recommendation of public reprimand for conduct in violation of Canon 7 of the Code of Judicial Conduct, as well as section 105.071 of the Florida Statutes”)....