By Dara Kam
TALLAHASSEE — Circuit Judge Gary Farmer, a former state Senate
Democratic leader, is facing a recommendation that he be immediately
suspended after an investigative panel accused him of “pervasive and
extensive” behavior demonstrating “a present unfitness to hold office.”
Farmer,
a former trial lawyer, was elected as a judge in Broward County’s 17th
Judicial Circuit in 2022 after six years in the Senate. He served as
Senate minority leader during the 2021 legislative session but was
ousted after a vote of no confidence by fellow Democrats.
An
investigative panel of the state Judicial Qualifications Commission on
Thursday filed a notice of formal charges against Farmer accusing him of
repeatedly making inappropriate comments. It recommended that he be
immediately suspended without pay pending the outcome of the
proceedings. The commission makes recommendations about judicial conduct
to the Florida Supreme Court, which has ultimate disciplinary
authority.
The suspension recommendation also alleged Farmer
“willfully ignored the requirements of applicable statutes or rules of
procedure, or was unaware of the most basic elements of the law which
governed his actions as a judge in the felony division.”
Farmer,
who rotated out of the circuit’s criminal division in September amid the
commission’s probe, had no comment when contacted Thursday by The News
Service of Florida.
The suspension recommendation also said Farmer did not appear as required at a hearing in March.
The panel “believes that his misconduct is egregious and serious, and
could clearly affect the public's perception of the judiciary,”
Alexander John Williams, an attorney for the commission, wrote in the
13-page recommendation for suspension.
“While Judge Farmer might
argue that he has changed his behavior … the panel believes that in this
case, the damage is already done,” the recommendation said.
The
probe into Farmer began after a complaint about comments he made while
presiding over felony cases in August. The panel found comments
“discriminatory, offensive, sexually charged, and demeaning.”
As
an example, Farmer “referenced and quoted extensively from a comedy
sketch that makes fun of gay people,” court documents filed by the
commission said.
“That is not the only time you used double
entendre as humor in the courtroom. While presiding over the August 15,
2024, hearing you said, ‘Spring is here, I got so excited I wet my
plants’ and ‘What did the shirt say to the pair of pants? Wassup
britches!’ Apparently, these are some of what you referred to as your
‘exceptionally, exceptionally bad jokes,’” the commission’s lawyer wrote
in the notice of formal charges filed at the Supreme Court.
The
commission “became aware of numerous other instances involving comments
and other forms of misconduct” while investigating the August comments,
the suspension recommendation said.
While presiding over first
appearance hearings on Oct. 15, 2023, Farmer made “numerous remarks that
were wholly inappropriate, undignified, or discourteous, or otherwise
behaved in a manner that is degrading to the solemnity of the
proceedings, fails to uphold the high standard of conduct expected of
judges, and fails to promote public confidence in the integrity and
impartiality of the judiciary,” the notice of charges said.
The
recommended suspension also pointed to Farmer’s treatment of a defendant
who had a court-ordered competency evaluation pending in a separate
case before another judge.
Farmer “conducted an ad hoc,
unscientific competency evaluation by asking the defendant random
questions. Notwithstanding the fact that the defendant was already
awaiting a competency evaluation in another matter, and had answered
some of Judge Farmer's trivia questions wrong, Judge Farmer declared her
competent and accepted her guilty plea,” the recommendation said.
Farmer
“was unable to recall if there even was a rule governing competency”
when questioned about his handling of the matter, according to the
documents filed Thursday.
“The panel believes that the
pervasiveness and extensive nature of Judge Farmer's misconduct
demonstrates a present unfitness to hold office,” the suspension
recommendation said.
The investigative panel said four factors must be considered when recommending that a judge be suspended.
“Under
the right conditions, a single one of these factors might carry enough
weight to warrant a recommendation of suspension: Here, the respondent
(Farmer) touches on all of them,” Williams wrote.
The probe into
Farmer began in October, and Farmer appeared before the panel for a
hearing in December. The panel notified Farmer on March 6 about a second
investigation and ordered him to appear for a hearing on March 28.
Farmer
“provided no response whatsoever, written or otherwise, to the second
notice of investigation, save his email on the morning of the hearings
claiming that he had intended to appear,” the suspension recommendation
said.
The judge’s decision “to not appear as ordered in the Order
to Show Cause (hearing) simply brings his lack of responsiveness into
high relief,” the recommendation said.
Farmer sent an email at
6:20 a.m. the day of the hearing saying he had an unspecified emergency
requiring his “immediate, in-person attention,” according to the
recommendation.
"I have learned important lessons on judicial
demeanor and have avoided any further missteps. I can assure you I will
continue to preside in this more appropriate manner," Farmer wrote on
March 28.
But Farmer also told the investigative panel, "I don't
think we can say, as judges, that we never — there's never a light
moment or a joke in court, so I don't want to overstate it, but I am not
doing bad jokes anymore," according to the recommendation.
The
notice of charges also said Farmer said he was aware that his behavior
was “incongruous” with what is expected of a judge in court.
When
asked why he did not handle a first-degree felony case, Farmer said the
“dad jokes don’t go well in murder cases” and referred to “Night Court,”
a sitcom from the 1980s.
“The reference to the television show
Night Court seems to be particularly apt here. However much Judge Farmer
believes he is like the fictional Harry Stone, it goes without saying
that the circus-like atmosphere that made the television show a comedic
parody of real life court proceedings is completely antithetical to the
manner in which a real court proceeding should be conducted and
violative of the Code of Judicial Conduct,” the suspension
recommendation said.
Full Article & Source:
Broward Circuit Judge could face suspension over 'inappropriate' comments