vu1210.jpg XV. WHY BECOME A JUDGE PRESENTED BY: JUDGE MARK A. SPEISER vu1210.jpg •I. SALARY CONSIDERATIONS • •II. CIRCLE OF FRIENDS • •III. ADDRESSING THREATS AND PROTECTION • •IV. MEDIA AND PUBLICITY • •V. MEDIA RELATIONS vu1210.jpg •VI. FAIRNESS • •VII. CONTINUING EDUCATION REQUIREMENTS –MINIMUM OF 30 CREDIT HOURS EVERY 3 YEARS –2 OF THE 30 HOURS MUST BE ON JUDICIAL ETHICS vu1210.jpg •VIII. INAPPROPRIATE JUDICIAL BEHAVIOR –WILL RESULT IN APPEARANCE BEFORE JUDICIAL QUALIFICATIONS COMMISSION (JQC) •SANCTIONS –PRIVATE REPRIMAND –PUBLIC REPRIMAND IN FRONT OF SUPREME COURT AND PUBLISHED IN LEGAL AND PUBLIC PERIODICALS –SUSPENSION AND FINE –REMOVAL FROM OFFICE • vu1210.jpg –DECISIONS MADE IN GOOD FAITH HOWEVER, NORMALLY NOT GROUNDS FOR DISCIPLINE •LEGAL ERROR •JUDICIAL MISINTERPRETATION •JUDICIAL INVENTIVENESS • vu1210.jpg –EXAMPLES OF JUDICIAL MISCONDUCT •PREJUDICE OR BIAS •IMPROPER MOTIVES FOR DECISION (RETALIATION, REVENGE, PERSONAL GAIN, GOOD PRESS) •BAD TEMPER, VERBAL ABUSE •FLAGRANT DISREGARD FOR BASIC RIGHTS •COMPLETE LACK OF UNDERSTANDING OF LAW •REFUSING TO COMPLY WITH CLEAR LEGAL PRECEDENT •RUDE, NASTY BEHAVIOR •PARTICIPATING IN FUNDRAISING – vu1210.jpg •INVOLVEMENT WITH PARTISAN POLITICS •PROVIDING CHARACTER REFERENCES •EX-PARTE COMMUNICATIONS •ALCOHOL/DRUG PROBLEMS •UNDUE DELAYS IN ENTERING RULINGS •EMBARRASSING BEHAVIOR OUTSIDE COURTROOM •ARREST vu1210.jpg •IX. JUDGES SHOULD NEVER ACCEPT GIFT, COMPENSATION OR BENEFITS THAT COULD BE CONSTRUED TO INFLUENCE OR GAIN UNFAIR ADVANTAGE –ANNUAL PUBLIC DISCLOSURE STATEMENTS ARE REQUIRED DETAILING GIFTS, SOURCES OF INCOME, AND ANY BUSINESS INTERESTS vu1210.jpg –AVOID MEMBERSHIP IN ANY ORGANIZATION THAT DISCRIMINATES BASED UPON RACE, RELIGION, SEX OR CULTURE –DO NOT BE INFLUENCED BY PUBLIC OUTRAGE OR FEAR OF CRITICISM –MAINTAIN COURT DECORUM –BE PATIENT, DIGNIFIED AND COURTEOUS IN OFFICIAL CAPACITY vu1210.jpg •X. REQUIREMENTS OF JUDICIAL CODE OF CONDUCT –MAINTAIN HIGH STANDARD OF INTEGRITY –PRESERVE JUDICIAL INDEPENDENCE –REMAIN IMPARTIAL –REFRAIN FROM USING PRESTIGE OF OFFICE IMPROPERLY –DO NOT TESTIFY VOLUNTARILY AS A CHARACTER WITNESS vu1210.jpg –PREVENT LAWYERS FROM USING INAPPROPRIATE WORDS, GESTURES OR CONDUCT –DO NOT PUBLICLY COMMENT ON A PENDING CASE THAT MIGHT EFFECT THE OUTCOME –NEVER COMMENT ON OR CRITICIZE A JURY VERDICT –AVOID NEPOTISM AND FAVORTISM IN JUDICIAL APPOINTMENTS – vu1210.jpg –REPORT ATTORNEYS AND OTHER JUDGES WHO VIOLATE THEIR RESPECTIVE CODES OF CONDUCT –GRANT RECUSAL REQUESTS WHEN THERE IS A BASIS TO DO SO IF JUDGE’S IMPARTIALITY, PERCEIVED OR ACTUAL IS AT ISSUE –WHEN POSSIBLE, IMPROVE THE ADMINISTRATION OF JUSTICE AND LEGAL SYSTEM –LIMIT ANY NON-JUDICIAL FINANCIAL OR FIDUCIARY ACTIVITIES vu1210.jpg • •XI. JUDICIAL ELECTIONS AND CAMPAIGN FUNDRAISING –FILING FEE •4% OF SALARY (APPROX. $5,700) –COST OF CAMPAIGN AND HOW CONDUCTED –FUNDRAISING CONSIDERATIONS – vu1210.jpg •PERMISSIBLE CAMPAIGN SPEECH –NO PLEDGES OR PROMISES –AVOID COMMITTING TO ISSUES, CASES OR CONTROVERSIES –DO NOT MISREPRESENT YOUR QUALIFICATIONS OR BACKGROUND –NO NEGATIVE CAMPAIGNING –TALK ABOUT YOURSELF AND YOUR CREDITIALS •ELECTION V. MERIT RETENTION vu1210.jpg •XII. JUDGE SERVING AS BAR REFEREE –APPROX. 101,000 LICENSED LAWYERS IN FLORIDA •66.% MALE •33.5% FEMALE –OCCURS AFTER BAR GREIVANCE COMMITTEE FINDS PROBABLE CAUSE TO BELIEVE LAWYER IS GUITLY OF MISCONDUCT JUSTIFYING DISCIPLINARY ACTION –FLORIDA BAR BOARD OF GOVERNORS REVIEWS GRIEVANCE COMMITTEE FINDING vu1210.jpg –IF BOARD OF GOVERNORS AGREES, IT FILES COMPLAINTS AGAINST LAWYER AND SUPREME COURT ASSIGNS A CIRCUIT COURT JUDGE TO SERVE AS REFEREE –BAR REPRESENTED BY STAFF COUNSEL AND ACCUSED LAWYER MAY RETAIN COUNSEL OR REPRESENT SELF vu1210.jpg –NO JURY –EVIDENCE IS TESTIMONIAL AND/OR DOCUMENTARY –JUDGE ENTERS FINDINGS AND RECOMMENDS DISCIPLINE TO FLORIDA SUPREME COURT WHICH CAN ACCEPT OR REJECT RECOMMENDATIONS – vu1210.jpg •SANCTIONS: •ADMONISHMENT OR PRIVATE REPRIMAND •PROBATION FROM 6 MONTHS TO 3 YEARS •PUBLIC REPRIMAND REPORTED IN JUDICIAL REPORTER, BAR NEWSLETTER AND PUBLIC MEDIA •SUSPENSION –LESS THAN 90 DAYS –MORE THAN 90 DAYS •DISBARMENT FOR 5 YEARS •PERMANENT DISBARMENT – •YEAR ENDING 2009 •44 •3 • •34 • • •120 • • •61 • •24 vu1210.jpg THE END