Judge frink broward7/29/2023 ![]() ![]() During that time, the judge may or may not be permitted to continue serving on the bench depending on the nature and severity of the allegations of misconduct. If the Investigative Panel decides to proceed to a formal hearing, the process can take a year or more before a final decision is rendered. The Investigative Panel meets approximately every six weeks and a determination to proceed with an inquiry into alleged misconduct could last several weeks to months. The time it takes to complete an investigation can vary. Judges found in violation of the Judicial Canons are subject to a range of sanctions from private admonishment, to public reprimand, fines, suspension, and even removal from the bench. ![]() Following the hearing, the Hearing Panel presents its findings to the Florida Supreme Court for review. While proceedings before the Investigative Panel are confidential, this hearing is open to the public who can attend the hearing in person. Finally, the six-member Hearing Panel of the Commission holds a formal evidentiary hearing regarding the alleged misconduct.Alternatively, if no stipulation is able to be reached, the Investigative Panel will refer the matter to the Hearing Panel of the JQC, leading to the final step in the process. If the Stipulation is rejected, the matter is returned to the JQC to reach a new stipulation. This agreement is then presented for review to the Florida Supreme Court, which is responsible for disciplining and removing judges within the state. Sixth, the Investigative Panel and the subject judge may reach an agreement or Stipulation on the appropriate discipline or sanction.If probable cause exists, then the matter proceeds to the next step. If probable cause is not found to exist, then the complaint is dismissed (or it may be passed for further investigation by the Commission). Fifth, concluding the inquiry of the judge, the Investigative Panel decides whether probable cause exists to initiate formal disciplinary proceedings.Fourth, the subject judge appears before the Investigative Panel to provide an explanation about the allegations contained within the complaint and answer the Panel's questions.Third, the subject judge is notified of the complaint and is provided with a Notice of Investigation and requested to appear before the Investigative Panel.Many of those complaints are dismissed and the JQC does not inform the judge of a complaint unless an investigation is launched. The JQC receives numerous complaints of judges simply based on rulings made in court. If so, then the work of the JQC continues, if not the complaint is dismissed. Second, the nine members of the JQC Investigative Panel review the complaint to determine whether the allegations constitute a breach of Florida's Judicial Canons.First, the signed complaint forms are received by the Commission staff.The complaint and investigation process is as follows The JQC acts based on complaints received by individuals claiming a judge has acted unethically. The Chair of the Commission selects nine members to serve on the Investigative Panel and six members to serve on the Hearing Panel. The Commission members, however, are a collection of six judges, five laypersons selected by Florida's Governor, and four members of The Florida Bar Association. Small but powerful, the agency known as the JQC is staffed by only four employees. ![]() The JQC does not advise on whether certain conduct violates Florida's Code of Judicial Conduct as that is the job of the Judicial Ethics Advisory Commission. ![]() In fact, cases of judicial misconduct where probable cause has been found and formal charges filed are published on the website of the Supreme Court of Florida.Ĭreated in 1966 by amendment of the Florida Constitution, the Judicial Qualifications Commission ("JQC") is an independent state agency tasked with investigating allegations of misconduct and disability by all judges within the state of Florida. This access to information includes Florida's judiciary and certain disciplinary actions. Any citizen can simply make a public records request to obtain information about almost any activity of Florida's government. All opinions expressed in this piece are solely those of the author as an external expert and do not necessarily reflect the official position of UNODC.įlorida's official nickname is "The Sunshine State" because of its warm weather throughout the year, but to those who work with Florida's government, it is considered "The Sunshine State" because of the public's access to Florida's branches of government. Judge Keathan Frink is a judge in the 17th Judicial Circuit Court in the State of Florida in the United States. Florida's Judicial Qualifications Commission: Holding Judges Accountable ![]()
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