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Inquiry Concerning a Judge: Sheldon Schapiro


MARSHAL: PLEASE RISE. HEAR YE. HEAR YE. HEAR YE. THE SUPREME COURT OF THE GREAT STATE OF FLORIDA IS NOW SESSION. ALL WHO HAVE CAUSE TO PLEA, DRAW NEAR, GIVE ATTENTION AND YOU SHALL BE HEARD. GOD SAVE THESE UNITED STATES, THE GREAT STATE OF FLORIDA AND THIS HONORABLE COURT.

CHIEF JUSTICE: GOOD MORNING.

MARSHAL: LADIES AND GENTLEMEN, THE FLORIDA SUPREME COURT. PLEASE BE SEATED.

CHIEF JUSTICE: GOOD MORNING EVERYONE AND WELCOME TO THE FLORIDA SUPREME COURT. THE FIRST MATTER THAT WE HAVE ON THE COURT'S DOCKET THIS MORNING IS THE INQUIRY CONCERNING JUDGE SCHAPIRO. JUDGE SCHAPIRO, YOU MAY TAKE THE PODIUM PLEASE.

IF IT PLEASE THE COURT.

CHIEF JUSTICE: JUDGE SCHAPIRO, YOU APPEAR BEFORE THE COURT TODAY, HAVING BEEN FOUND TO HAVE VIOLATED CANONS ONE, TWO AND THREE OF THE CODE OF JUDICIAL CONDUCT. YOU VIOLATED THOSE CANONS ON NUMEROUS OCCASIONS, MAKING REMARKS TO PEOPLE IN YOUR COURTROOM, MAKING REMARKS IN OPEN COURT REGARDING ATTORNEYS FILINGS, REGARDING ATTORNEYS APPEARING BEFORE YOU, DESPITE YOUR KNOWLEDGE OF THOSE ATTORNEYS' MEDICAL COMPLICATIONS AND SUGGESTING TO A FEMALE ATTORNEY THAT SHE EMULATE THE STYLE OF MALE ATTORNEYS. THIS BEHAVIOR IS COMPLETELY UNACCEPTABLE AND IN VIOLATION OF THE CODE OF JUDICIAL CONDUCT. CANON ONE OF THE CODE REQUIRES JUDGE TOSSUP HOLD AND PRESERVE THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY, THE VERY CORNERSTONE UPON WHICH OUR LEGAL SYSTEM IS BUILT. CANON TWO OF THE CODE REQUIRES THAT JUDGES ACT AT ALL TIMES IN A MANNER THAT PROMOTES CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY. CANON THREE OF THE CODE REQUIRES JUDGES TO BE PATIENT, DIGNIFIED, AND COURTEOUS TO ALL WITH WHOM THE JUDGE DEALS IN AN OFFICIAL CAPACITY. CANON THREE FURTHER REQUIRES JUDGES TO PERFORM JUDICIAL DUTIES, WITHOUT BIAS OR PREJUDICE, INCLUDING AVOIDING WORDS OR CONDUCT, THAT MANIFEST BIAS OR PREJUDICE, BASED UPON GENDER. WITH -- FOR THESE VIOLATIONS YOU HAVE AGREED TO PARTICIPATE IN PSYCHOLOGICAL AND BEHAVIORAL THERAPY AND TO APPEAR BEFORE THIS COURT TO RECEIVE THIS HELP MANNED. -- THIS REPRIMAND. THESE ARE EXTREMELY SERIOUS VIOLATIONS WITH WHICH WE HAVE REQUIRED YOUR APPEARANCE HERE TO EMPHASIZE TO YOU, AND TO THE JUDGES, BAR AND ESPECIALLY TO THE CITIZENS OF FLORIDA, THAT WE ARE COMMITTED TO THE STRICT ENFORCEMENT OF THE PROVISIONS OF THE CODE WHICH YOU HAVE VIOLATED. YOU HAVE ALSO BEEN ORDERED TO WRITE AND MAIL PERSONAL LETTERS OF APOLOGY TO THOSE INDIVIDUALS IDENTIFIED IN THE STIPULATION THAT YOU ENTERED INTO, WITH THE JUDICIAL QUALIFICATIONS COMMISSION. FLORIDA'S JUDGES, BY THEIR DAILY CONDUCT AND DEMEANOR, IN AND OUT OF THE COURTROOM, MUST DEMONSTRATE TO THE PEOPLE OF THIS STATE, THAT THE LEGAL SYSTEM IS WORTHY OF CONFIDENCE AND RESPECT. AT ANY GIVEN MOMENT, THE QUALITY OF JUSTICE IN FLORIDA IS JUDGED BY THE CONDUCT OF A SINGLE JUDICIAL OFFICER. THIS COURT AND THIS CHIEF JUSTICE ARE STEADFASTLY COMMITTED TO THE CONTINUED BUILDING OF PUBLIC TRUST AND CONFIDENCE IN THE JUDICIARY AND WILL NOT TOLERATE ACTS OF JUDICIAL CONDUCT THAT ERODE THAT TRUST. IF THE PEOPLE WHO ARE SERVED BY THE JUDICIAL SYSTEM DO NOT HAVE CONFIDENCE IN AND RESPECT FOR THE JUDGES, THEN THE PEOPLE WILL NOT HAVE CONFIDENCE IN AND RESPECT FOR THE JUDGMENTS OF THE COURTS AND THE JUSTICE SYSTEM. CONDUCT SUCH AS YOURS STRIKES AT THE VERY CORE OF PUBLIC TRUST AND CONFIDENCE IN OUR JUSTICE SYSTEM. IT NOT ONLY DEMEANS YOUR JUDICIAL OFFICE BUT ALSO THE JUDICIARY AS AN INSTITUTION AND THE ENTIRE LEGAL PROFESSION. JUDGE SCHAPIRO, TO YOUR CREDIT, YOU ADMITTED THE FINDINGS MADE BY THE INVESTIGATIVE PANEL OF THE JUDICIAL QUALIFICATIONS COMMISSION, AND YOU WAIVED YOUR RIGHT TO TRIAL BY THE HEARING PANEL OF THE COMMISSION. THE COMMISSION NOTED IN ITS FINDINGS, THAT YOU ACKNOWLEDGED THE IMPROPRIETY OF YOUR CONDUCT AND AGREED TO PARTICIPATE IN BEHAVIORAL THERAPY, SO AS TO ENSURE THAT THIS CONDUCT WILL NEVER BE REPEATED. WE CAUTION YOU THAT YOU MUST CONSISTENTLY FOLLOW YOUR TREATMENT PROGRAM AND NOT ENGAGE IN SIMILAR CONDUCT IN THE FUTURE. IF THERE IS ANY GOOD TO COME OUT OF THESE PROCEEDINGS, IT IS THAT THE SYSTEM HAS DEMONSTRATED ITS INTOLERANCE FOR SUCH CONDUCT BY THOSE IN WHOM SOCIETY PLACES SUCH GREAT TRUST AND AUTHORITY. AND THAT YOU, IN CONTINUING TO SERVE AS A JUDICIAL OFFICER, WILL HAVE THE OPPORTUNITY EVERYDAY, TO DEMONSTRATE YOUR REMORSE AND REGRET, AND THAT YOU HAVE TRULY LEARNED AND GROWN, IN MATURITY AS A PERSON AND A JUDGE, AND REALIZED THE GREAT PRIVILEGE BESTOWED UPON YOU TO SERVE OUR PEOPLE AS A JUDICIAL OFFICER. JUDGE SCHAPIRO, YOUR PUBLIC REPRIMAND IS NOW CONCLUDED, AND YOU MAY --

MAY I TAKE LEAVE OF COURT TO DEPART? THANK YOU.