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Inquiry Concerning a Judge: Rosa I. Rodriguez


CHIEF JUSTICE: GOOD MORNING, EVERYONE. AFTER THE FIRST CASE THIS MORNING, WE WILL BE TAKING A FIVE-MINUTE RECESS FOR THE REST OF THE MEMBERS OF THE COURT TO APPEAR ON THE PANEL, SO THAT IS FOR THE BENEFIT OF YOU ALL WAITING IN THE AUDIENCE, TO ADJUST YOUR TIME. THE FIRST MATTER THAT WE HAVE THIS MORNING IS THE CASE OF JUDGE ROSA RODRIGUEZ. JUDGE RODRIGUEZ, WOULD YOU PLEASE APPROACH THE PODIUM.

GOOD MORNING.

CHIEF JUSTICE: IN FLORIDA WE PLACE THE RESPONSIBILITY FOR THE ADMINISTRATION OF JUSTICE MAINLY IN THE HANDS OF INDIVIDUAL JUDGES. HENCE, AT ANY GIVEN TIME THE QUALITY OF JUSTICE DISPENSED IN FLORIDA RESTS ON THE INTEGRITY OF THE INDIVIDUAL JUDGE. SIMILARLY, THE PUBLIC'S PERCEPTION OF AND CONFIDENCE IN OUR JUSTICE SYSTEM IS LARGELY BASED UPON THE PUBLIC'S PERCEPTION OF THE INTEGRITY OF INDIVIDUAL JUDGES. AND WHEN THAT INTEGRITY IS FOUND TO BE WANTING, THE PUBLIC'S PERCEPTION AND CONFIDENCE IN THE ENTIRE JUSTICE SYSTEM IS DIMINISHED. THAT IS WHY YOU ARE HERE TODAY, JUDGE RODRIGUEZ. SADLY, BY YOUR CONDUCT, YOUR INTEGRITY HAS BEEN FOUND WANTING AND PLACED IN QUESTION. WE ARE HERE TODAY TO PUBLICLY CONDEMN YOUR MISCONDUCT AND ETHICAL BREACHES AND TO DEMONSTRATE TO THE PUBLIC HOW SERIOUSLY WE VIEW THESE ETHICAL BREACHES AND TO HOPEFULLY BEGIN THE PROCESS OF RESTORING PUBLIC CONFIDENCE AND REPAIRING THE WOUND TO THE SYSTEM CAUSED BY YOUR MISCONDUCT. JUDGE RODRIGUEZ, THE MISCONDUCT THAT HAS REQUIRED YOUR PRESENCE HERE TODAY CAN BE SUMMARIZED SUCCINCTLY FROM THE JUDICIAL QUALIFICATIONS COMMISSION'S FINDINGS. TO PARAPHRASE, WHEN RUNNING FOR JUDICIAL OFFICE IN 1998, YOU ACCEPTED A QUESTIONABLE $200,000 LOAN TO BE USED FOR YOUR CAMPAIGN. HOWEVER, YOU FALSELY STATED, IN NUMEROUS CAMPAIGN DOCUMENTS, THAT THE LOAN HAD COME FROM SOMEONE OTHER THAN ITS TRUE SOURCE. YOU, ALSO, FAILED TO DEPOSIT THE LOAN MONEY BY THE TIME REQUIRED BY LAW AND FILED SUBSEQUENT CAMPAIGN AND PUBLIC DISCLOSURE DOCUMENTS THAT CONTINUED TOE MAKE FALSE STATEMENTS ABOUT -- THAT CONTINUED TO MAKE FALSE STATEMENTS ABOUT THE LOAN AND YOUR INDEBTEDNESS. THE FINDINGS OF THE JQC ARE SET OUT MORE FULLY, OF COURSE, IN IN OUR OPINION PROVING THOSE FINDINGS. -- APPROVING THOSE FINDINGS. AS A RESULT OF YOUR MISCONDUCT, THE JUDICIAL QUALIFICATIONS COMMISSION HAS FOUND THAT YOU VIOLATED CANONS ONE, TWO, FIVE-D, 6-B AND 7 OF THE CODE OF JUDICIAL CONDUCT. THE JUDICIAL CANONS, IN THEIR ENTIRETY, SERVE AS OUR GUARANTEE TO THE PEOPLE OF FLORIDA THAT JUDGES WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF THEIR OFFICES, IN ACCORDANCE WITH THE LAW. CANON 1 REQUIRES JUDGE TOSSUP HOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY, THE VERY CORNERSTONE UPON WHICH OUR LEGAL SYSTEM IS BUILT. JUDGE RODRIGUEZ, THROUGH ACTION THAT IS DISPLAYED A LACK OF JUDICIAL INTEGRITY, YOU ARE IN VIOLATION OF CANON 1. CANON 2 REQUIRES JUDGE S TO AVOID EVEN THE APPEARANCE OF IMPROPRIETY, TO RESPECT AND COMPLY WITH THE LAW AND TO ACT ONLY IN A MANNER THAT PROMOTES PUBLIC CONFIDENCE IN THE JUDICIARY. AT A MINIMUM, YOUR ACTIONS CREATED AN APPEARANCE OF IMPROPRIETY. YOUR ACTIONS FURTHER CALLED INTO QUESTION YOUR RESPECT FOR THE LAW AND INTENT TO COMPLY WITH IT, AND IT PLAINLY DID NOT PROMOTE PUBLIC CONFIDENCE IN YOU AS AN INDIVIDUAL JUDGE. JUDGE RODRIGUEZ, YOU ARE IN VIOLATION OF CANON 2. CANON 5 REQUIRES JUDGES TO CONDUCT THEIR PERSONAL AFFAIRS IN A MANNER THAT MINIMIZES THE RISK OF CONFLICTS WITH THEIR JUDICIAL DUTIES, AND IT FURTHER SAYS THAT JUDGES SHALL NOT IMPROPERLY ACCEPT GIFTS OR LOANS. BICEPING THE LOAN INVOLVED HERE IN AND THEN CONCEALING THE TRUE FACTS ABOUT IT, JUDGE RODRIGUEZ, YOU ARE IN VIOLATION OF CANON 5. CANON 6 REQUIRES JUDGES TO CONDUCT THEIR FINANCIAL AFFAIRS IN A MANNER THAT DOES NOT GIVE ANY APPEARANCE OF IMPROPRIETY. JUDGE RODRIGUEZ, YOUR ACTIONS, AT A MINIMUM, CREATED A SERIOUS APPEARANCE OF IMPROPRIETY ABOUT YOUR FINANCIAL AFFAIRS, AND YOU ARE THERE FOR IN VIOLATION OF CANON 6. FINALLY, CANON 7 IMPOSES STRICT RULES THAT MUST BE FOLLOWED BY ANYONE SEEKING ELECTED JUDICIAL OFFICE. IT REQUIRES THAT JUDICIAL CANDIDATES MUST REFRAIN FROM ANY TYPE OF POLITICAL ACTIVITY INAPPROPRIATE TO THE OFFICE THEY ARE SEEKING. CAMPAIGN MISCONDUCT INCLUDES DECEPTION OF THE TYPE YOU ENGAGED IN HERE, AND YOU ARE THUS IN VIOLATION OF CANON 7. JUDGE RODRIGUEZ, WHEN YOUR CASE FIRST CAME BEFORE US, THE JUDICIAL QUALIFICATIONS COMMISSION HAD RECOMMENDED ONLY A REPRIMAND. WE REJECTED THAT RECOMMENDATION, BECAUSE WE CONCLUDED IT WAS INSUFFICIENT TO ADDRESS THE MAGNITUDE OF YOUR MISCONDUCT AND DEMONSTRATE TO THE PUBLIC THAT THE SYSTEM WILL NOT TOLERATE SUCH CONDUCT. ON FURTHER REVIEW, THE COMMISSION RECOMMENDED A FOUR-MONTH SUSPENSION WITHOUT PAY, THE PAYMENT OF A $40,000 FINE AND OTHER COSTS, AND THIS PUBLIC REPRIMAND. IT IS OUR GENUINE HOPE THAT THESE SANCTIONS WILL SUFFICIENTLY DEMONSTRATE TO THE PUBLIC OUR INTOLERANCE FOR SUCH MISCONDUCT, AND JUST AS IMPORTANTLY, WILL CAUSE YOU TO RESOLVE THAT HENCEFORTH, YOUR CONDUCT, BOTH ON AND OFF THE BENCH, WILL AT ALL TIMES BE ABOVE REPROACH AND WILL, IN FACT, INSPIRE OTHERS TO HAVE GENUINE CONFIDENCE IN YOUR INTEGRITY AND THE INTEGRITY OF THE FLORIDA JUSTICE SYSTEM. JUDGE RODRIGUEZ, THIS HELP MANNED IS CONCLUDED. YOU MAY LEAVE.

THANK YOU. THE COURT WILL NOW STAND IN RECESS FOR FIVE MINUTES, PENDING HEARING OF THE NEXT CASE.