Public Reprimand and Suspension of Circuit Judge Andrew J. Decker
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- Опубліковано 4 гру 2021
- In early-2017, the Florida Supreme Court suspended Third Circuit Judge Andrew J. Decker III without pay for six months stemming from his actions as an attorney before being elected to the bench in 2012 and violations of judicial canons governing campaign activities.
Acting on March 2, 2017, in Case No. SC14-383, the court also ordered Decker to pay the costs of the disciplinary proceedings, and appear before the court on May 2 at 9 a.m. for the administration of a public reprimand. The court’s six-month suspension without pay exceeded the Judicial Qualification Commission’s recommended 90-day suspension.
The court’s action came 16 days after the Florida House Public Integrity and Ethics Committee heard a report on the case against Judge Decker, who had been subject of a JQC inquiry since 2013.
In March 2015, the Supreme Court entered a show cause order why it should not approve the JQCs findings and recommended discipline for Decker of a 90-day suspension without pay and a public reprimand. After the responses were filed in May, the court entered another show cause order in November 2015, asking why Decker’s discipline should not be more severe, including perhaps removal from office.
In its 46-page order, the court found Decker violated of the Rules of Professional Conduct as a practicing attorney, and further violated the Code of Judicial Conduct when then-attorney Decker was campaigning for the judgeship, including:
• Falsely stating at a televised debate that he had never been accused of a conflict of interest and not correcting that false statement during the debate or publicly thereafter.
• Publicly stating he was affiliated with the Republican Party at a Lafayette County Republican Executive Committee candidates’ forum.
• Violating the Rules of Professional Conduct in failing to advise opposing counsel that he was currently representing the presiding judge in other litigation.
• Violating numerous Rules of Professional Conduct concerning conflict of interest in common representation, including failing to counsel and advise three clients of the risks and advantages of common representation, failing to withdraw when conflicts were apparent, and engaging in representation of one client to the detriment of other current or former clients.
• Violating the Rules of Professional Conduct requiring candor to a tribunal by incorrectly stating the status of his representation.
The court rejected one charge brought by the JQC, alleging that through a complex series of events in a foreclosure case, Decker became involved in secret meetings with some, but not all, parties, violating a Bar rule which prohibits communication with a person represented by other counsel without consent of that counsel.
The justices said Decker “exhibited a pattern of behavior that evidences a lack of ethical judgment, along with a lack of understanding and concomitant contrition about the harm caused to his clients and to the public’s trust in the legal system,” and that they were also concerned that Decker had been reprimanded by The Florida Bar in the past.
However, the court said, no evidence suggests that any of Judge Decker’s misconduct caused “significant harm” to a client or another party, and while significant harm is not necessary to establish an ethical violation, the absence of such harm is a relevant consideration in determining the appropriate sanction to be imposed.
“Although the series of acts by Judge Decker involving misconduct requires the imposition of a significant sanction, we have concluded that it does not merit removal from office,” the court said, noting that while the conduct is unquestionably “unbecoming a member of the judiciary” it does not demonstrate “a present unfitness” to hold office.
“For all these reasons, and based on the seriousness and cumulative nature of the numerous violations proven, we impose on Judge Decker a six-month suspension, public reprimand, and payment of costs of the proceedings.”
Chief Justice Jorge Labarga and Justices Peggy Quince, Charles Canady, Ricky Polston, and Alan Lawson concurred. Justice Barbara Pariente concurred in the result with an opinion, in which Justice Fred Lewis concurred.
Justice Pariente said while she agreed with the sanctions the majority imposed, “I cannot agree with the majority that consolidated Charge 8 found by the JQC, relating to prohibited communication with a represented party, ‘is not supported by the evidence.’”
A copy of the order is linked in a pinned comment.
The Court's 46-page opinion: drive.google.com/file/d/1Z9K-Z8NG7i2THsiIjvQtZlRA4TL_cTMs/view?usp=sharing
Thanks for posting DOCS. helps in formulating complaints vs Other Corrupt judges
They need to get rid of more judges like this
Just a suspension?
He'll just continue to lie and be dishonest after the suspension is over.
Just fire people like this.
The look of, “our only difference is that I was caught,” on his face though.
Wow!! A person can dishonest and still become a judge! Just show how corrupt our courts can be.
Wait until you realize what someone can do and still be the president.
It is the people who are corrupt. Not the system. The system only works as well as the individuals do. Yes there are many corrupt people. There are also many who are not.
Six months without pay ! Will he qualify for food stamps ?
What amounted to a mild finger wagging from the court , I'm sure he wasn't too devasted . How can a dishonest judge be trusted to fairly dispense the law ?
This most definitely "ethics" and code violation should have been much harsher as the judge presiding over this has stated. The judge being censured should have had his judicial powers revoked and his ability to practice law removed. The judging pannel members were to lenient with him as I see it.
Attorneys and judges protect each other, much like when police investigate themselves, rarely are judges, Attorneys or Police Officers held responsible for their actions.
I agree. I had the unfortunate luck of having this moron for a few different cases. one being custody of my 3 children. I had primary custody of them for 7 years. during that time each of them had perfect attendance in school and were on the A,B honor roll. there was never a single issue in any way. Decker overturned it and gave the mother custody. at the time he did so, she had no home, no employment other than stripping and no drivers license. she also owed me 42k in child support. I cussed him for everything he was worth. all this occurred after his ignorant ruling. he is a pos
A real pillar of society here
Judge D's face during his reprimand does not seem to show any remorse. What a piece of work... cringeworthy
Is he supposed to weep and cry? Seriously. He stood there like a man and took his medicine without acting out in any way. He wasn't
there to make comments, nor were comments solicited by the Bench. Like going to the whipping post, getting whipped and then having
some woman (you) whine that he didn't complain, cry, look hurt, beg for forgiveness or show remorse. People like you would prefer to
see a public stoning where they can see the physical pain being inflicted and suffered. That already occurred in this case BEFORE
the public reprimand. He made his case, was defended and was suspended/removed from the bench. The final public reprimand is like
putting someone in the stocks in a public display. You think he wasn't shamed and embarrassed enough previously? He's lost everything - his
job, his pension, his reputation and can't go back to the practice of law, yet some woman (you) still screams for more. Good grief.
@@clambroth1923 he is no man. he is a pathetic, crooked liar
2:37 and must follow up with permanent termination from public office. Only this can be a punishment that fits this dishonest behavior.
And this ladies and gentlemen.....is what you call a slap on the wrist
And a slap in the face of the general public.
Something I feel passionately about: judges should be fired if they ever have to be reprimanded. These people have to much power to be given a 2nd chance. We aren’t short on people applying to be judges and the fired judges themselves will turn around and get a job at a law office. They do not deserve a 2nd chance. The public does.
I say hung. If they don't know right from wrong then why are they even in law? If they are and don't then it means they've done a lot of evil things. It's about 100x easier to push out good people than it is to get rid of the lunatics. This means that there can only be a concentration of lunatics in the long run... and that is what we are trending towards. What's the ratio now? 70/30?
Just because there is no shortage of attorneys applying for judge does not indicate they are qualified nor have the integrity to become a judge.
judges should be held to a higher standard than mere trial attorneys. they have years of experience and expertise; they have the fate of the public entrusted to their hands. they should be punished more harshly than trial attorneys for ethics violations.
Amazing that this same Supreme Court refused to disbar a lawyer that stole from her client trust fund to pay her own personal expenses. They only gave her a 3 year suspension. They claimed that the acts were unintentional ($120K total dollars). Lawyer claimed she was paying back the client back hadn't at the point of the hearing.
At one point I thought these judges were going to recommend her to the Florida Supreme Court.
It's all a huge charade. None of these people are qualified to even clean toilets. Notice how many of these lunatics run around doing evil and only when they do so much the public outrage forces the institution to do something will it.
whats the case and who were involved?
Yep I'm familiar with that case, "Negligence" was the claim, but it was blatantly obvious theft... but still, 3 years can actually be devastating and impossible to recuperate in some instances.
@@tooakki The problem is that she committed a felony but is still allowed to practice law later is puzzling because in most states you can't get a law license if you commit a felony.
@@brbrknndy Agreed
I wish this would happen here in Houston. Especially in family court. Just ask Mr. Wayne Dolcefino...
Strange how SO MANY of these are in Florida.
Look up Florida sunshine law, and you'll understand that not every state has a law like it .
He will be back before the bar and a public reprimand is just a slap on the wrist.
Slime ball should have been disbarred
But if you don't pay a speeding ticket..... you go to jail for 90 to 120 days..... JAIL!!
They should do this to politicians
This poor guy got reprimanded in front of his grandma.
I am assured to know there are still fair and competent Judges in Florida. What do we do with the "New" supreme court now and sitting Justice Ginnie Thomas ?
Nothing. Not a blessed thing. The Thomas show will continue unabated and undealt with
SEVERE?! They call that severe? He should never don the robe again!
This “punishment” shows how truly corrupt the Florida supreme court is.
THIS kind of softball tolerance of foul judges is what’s wrong with our country.
Same Florida Supreme Court who try to give the state to El Gore by circumventing the law of the land
What is wrong is the stupid, uneducated and uninformed voters who elected those candidates
@@charleschris4123 YES! I remember that, they tried to FORCE that secretary of ???, I forget her name, to VIOLATE THE LAW and keep the polls open late!
Yeah, sure, good point.
You were caught acting like a typical lawyer. As a judge you're now going to have to try harder to hide that part of your personality
He should never be a judge.
This is wonderful! I wish my country did this (UK).
We don't elect judges in the UK, so people like him don't tend to get through the rigorous selection process in the first place.
Judges can be and have been removed from office in the UK.
@@evo5dave Very rarely. There are problems with British judges far less often than with American judges.
@@thomasdalton1508 I'm not suggesting otherwise. My point is that a not too dissimilar process does exist.
There are plenty of incompetent judges in my country, New Zealand AND some corrupt ones. Unfortunately the public has zero say in the process of selecting judges of any stripe. A hangover from the shitty British system. Elitist bullshit. We need to tear this system down and start again...
We will see him another time. what the court gen would it could today
So he will not be able to be instated as a judge I presume?
oh no... he continued passing poor judgements. ask me how I know
surprised he didn't get a raise in pay
He is a narcissist and only cares about himself, his wants, his desires, and the feeding of his very hungry ego.
You were to soft on him!!!
he is the most vile person I've encountered as a judge
So his punishment is to go play golf for 6 months … hmmmm
How many judges does it take to make them all look bad.
Better question is can the legal system heal itself. Guess is no.
You can't label every judge bad by the behavior of a few. That sounds like those people that believe that a whole race of people are bad due to the actions of a few. Do we really want to use that standard?
@@TC-eagleseye That's not how it works, friend.
WOW.
I believe judges have way to much power. People would go into shock if they knew how many hrs. A wk. A judge really is working.
They know the LAWS through out. They should be penalized much more suverily.
question if they have trials on the docket that have already been heard do they have these trials become time served?
How you know it can be any of us
Where can I get one of those remote control door openers?
Too bad Georgia and New York do not have a strict Supreme Court like Florida. Florida truly protects the integrity of their judicial process.
dare you to come do THIS at the misnamed "justice" court in Liberty, MS
A Leopard never changes his spots. Begone !
Sad he will not learn from his behavior. So keep doing what you do. No accountability.
The greed to make money fogs the ethical duties.
LOOKS LIKE OUR JUDGES ARE A JOKE!!!
You are free to leave=Get out of here
Yeah his red striped tie (and his lawyers) was not a red flag of forced compliance.
I know this is a very serious matter, but I cant help the fact that the offending judge looks just like Lee Marvin.
Anyways good luck to those ppl
NOT A COURT DEFINITION OF COURT A LEVEL PLAYING FIELD JUDGE SITS HIGHER THAN US NOT A COURT.
“If all the lawyers were hanged tomorrow, and their bones were sold to a mah jong factory, we’d all be freer and safer, and our taxes would be reduced by almost a half.”
- H. L. Mencken
Ths was all intentional. Ths judge should not only be disbarred but put in jail for months.
Republican… shocker.
I agree. The dems are always the ones full of corruption.
Legally illegal
This is why all Republicans love Florida. Their safe haven.
Whoo?????
Fun all these reprimands of judges are in DeSantis Florida.
judges in every state are reprimanded. but here in Florida we do make an attempt to hold them accountable. we failed with this one. he should have been disbarred and never been able to make a ruling again. this was before DeSantis was governor
Correct
Judge not...lest ye be judged
How is Judge Aileen Cannon not reprimanded and put off the bench for her corrupt rulings regarding Trump cases ?
Who state their name
Dishonest lawyer?!
Wow I wonder how that feels the people know now u know
Clown show
Good. Get him.
Much love xoxoxo kisses 😘
Literally a man got 12 years for telling a corrupt evil judge "I *wish* you were dead". Another guy got 15 years for stealing a hamburger. Turns out you gotta be in the club to get away with evil.
IN MY VIEW
This judge is human like everyone else. Bad decisions caused this public admonishment. I hope he learns from this. If not, then serious judicial life-changing consequences will be in order through his CHOICE.
Correct urself
Hmmm policy miss me with that b.s
3:01 The FREEMASON " hand over wrist," communication. Always look at this in court. They all work together. 😵💫
Really...
You know what’s scary all these fucking lawyers and judges are from Florida what the hell is going on there?
The fun explanation is "Floridaman".
The real explanation is that Florida has laws that make more information legal to release to the press, so we know more than in other states.
Well, that may be true, but the fact that they gave this court of appeals that takes it seriously shows that they won’t tolerate misconduct.
@@seanmaher3518 *supreme court
I've seen judges being hit like this from several states here on YT. One was a judge from Oklahoma where the judge lied going through divorce and lied. She was terminated as judge and could no longer practice law. The judge was 63. This judge should have gotten the same... What job will one do at this age if the can have nothing to do with the law?
Cesspool
The only thing that made any sense is when the sitting judge said he was punishing the standing judge for being a Republican
Wrong, Peggy. He was not being punished "for being a Republican". He was being punished for stating his political stance where it was inappropriate to do so.
@@billh230 IN MY VIEW I agree.
Pay attention. You’re deflection is pathetic
See I feel mind fuck still no name has been stated this is real or fake we in matrix idk
Republicans hope you watch this
Florida your governor should be next
governors aren't judges, so you show your ignorance.
Those are florida judges holding one of their own to account. This doesn't happen in Liberal states.
He should have been permanently removed
Feel sorry for florida
Screw Florida. Ha ha ha