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Inquiry Concerning a Judge: Dennis P. Maloney Docket Number: SC04-22


,, ,, ,, ,, ,,HEAR YE.HEAR YE.HEAR YE. THE SUPREME COURT OF THEGREAT STATE OF FLORIDA IS NOW IN SESSION . IF YOU HAVE CAUSE TO PLEA , DRAW NEAR , GIVE ATTENTION AND YOU SHALL BE HEARD. GOD S AVE THE UNITED STATES , THE GREAT STATE OF FLORIDA AND THIS HONORABLE COURT. LADIES AND GENTLEMEN, THE FLORIDA SUPREME COURT.PLEASE BE SEATE D.

CHIEF JUSTICE: GOOD MORNING , LADIES AND GENTLEMEN, AND WELC OME TO THE FLORIDA SUPREME COURT. THE FI RST MATTER ON THE COURT'S DOCKET IS THE PUBLIC REPRIMAND OF JUDGE DENNIS MALONEY. JUDGE MALO NEY , PLEASE APPROACH THE PODIUM AND REMAIN STANDING A S I ADMINISTER THE REPRIMAND. JUDGE MAL ONEY , THE FL ORIDA CONSTITUTION ENTRUSTS THIS COURT WITH THE D UTY T O IMPOSE APPROPRIATE DISCIPLINE ON JU DGES W HOSE CONDUCT VIOLATES OUR CO DE OF JUDICIAL CONDUCT. THE PU BLIC REPRIMAND IS A DISCIPLINARY TOOL T HAT WE USE TO DEMONSTRATE TO YOU , T O ALL WHO SE RV E AS JUDGES IN OUR STATE COURT SYSTEM , AND TO THE PUBLIC THAT WE TAKE ETH ICAL BREACHES BY OUR JUDGES V ER Y SERIOUSLY. YOU ARE BEFORE THE COURTBECAUSE OF THE FOLLOWING MISCONDUCT TO WH ICH YOU STIPULATED. D URING THE E ARLY M ORNING HOURS OF JANUARY 10 , 2003, A LAKELAND PO LICE OFFICERSTOPPED THE DRIVER OF A VEHICLE IN WHICH YOUR SON WAS A PASSENGER. THE DR IVER WAS ARRESTED AND CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL. YOU HAD KNOWN THE DRIVER ASWELL AS HIS FATHER, FOR APPROXIMATELY 15 YEARS. YOU MAINTAINED A C LOSE PERSONAL RELATIONSHIP WITH THE DRIVER, SUCH THAT YOUR IMPARTIALITY MIGHT REASONABLY BE C ALLED INTO QUESTION IF HE WE RE TO APPEAR BEFO RE YOU IN JUDICIAL PROCEEDINGS. U PON LEARNING OF THE DRIVER'S ARREST , YOU CONTACTED THE POLICEDEPARTMENT AND DIRECTED THAT THEY IMMEDIATELY REL EASE THE DRIVER INTO THE CUST ODY OF HIS FATHER. YOU DID SO OVER THE OBJECTIONS OF THE POLICE DEPARTMENT AND DESPITE THE PROVISIONS OF FLORIDA LAW REQUIRING THAT TH OSE ARRESTED FOR D U I BE HE LD FOR EIGHT HO URS OR UNTIL THEY ARE NO LONGE R IMPAIRED . B ASED SOLELY UPON YOUR DEMANDS TO LAW ENFORCEMENT , THE DRIVER WAS RELEASED TO THE FATHER, IN VIOLATION OF STATE LAW. IN AD DITION TO STIPULATING TO THESE FA CTS , YOU ACKNOWLEDGE THAT YOUR ACTIONS VI OLATED THE CODE OF JUDICIAL CONDUCT , AND YOUDID NOT CONTEST THE RECOMMENDATION OF DISCIPLINE W HICH INCL UDES THIS REPRIMAND , AND WE HAVE FOUND THAT YOUR A CTIONS VIOLATED C ANONS 1 AND 2-A OF THE CODE OF JUD ICIAL CONDUCT. CANON 1 RE QUIRES JUDGES TO UPHOLD AND PRESERVE THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY , WHICH IS THE CORNERSTONE OF OUR JUSTICE SYSTEM. CANON 2- A STATES AN OTHER ESSENTIAL PRIN CIPLE , THAT JUDGES MUST RESPECT AND COMPLY WITH THE LAW AND AT ALL TIMES AN GST IN A MA NNER THAT PROM OTES -- A T ALL T IMES ACT IN A MANNER THAT PROMOTES PUBLIC CONFIDENCE IN THE ACTIONS OFED JUDICIARY . YOUR ACTIONS ALSO VIOLATED CANON 2-B , WHICH REQUIRES THAT A JUDGE NOT PERMIT FAMILY, SOCIAL , POLITICAL OR OTHER RELATIONSHIPS TO INFLUENCE HIS CONDUCTOR JUDGMENT AND FORBIDS A JUDGE FROM L ENDING THE PRESTIGE O F JUDICIAL OFFICE TO ADVANCE THE PRIVATE INTERESTS OF THE JUDGE OR OTHER PE RSONS. CANON 2-BACHLT EMBODIES THE -- 2-B EMBODIES THE PRINCIPLE THAT A JUDGE CANNOT HOLD THE SC ALES O F JUSTICE AND PL ACE A JUDICIAL THUMB ON THE SCALES IN ANY MANNER TO BENEFIT A FRIEND OR FA MILY MEMBER. SUCH CONDUCT IS THE AND THEIETHIES OF OUR S WORN OBLIGATION TO U PHOLD THELAW.BY CONTACTING THE POLICE DEPARTMENT, YOU PER MITTED A PERSONAL RELATIONSHIP TO C LOUD YOUR JUDGMENT , THERE BY PERMIT TING PUBLIC IN CONFIDENCE IN THE IMPARTIALITY OF THE JUDICIARY, AND DES PITE PROTESTS OF THE DEPARTMENT,YOU THEN U SED THE PRES TIGE AND POWE R OF YOUR JUDICIAL OFFICE TO DEMAND THE DRIVER'S RELEASE, IN VIOLATION OF STATE LAW . JUDGE MALONEY , THE AUTHORITYOF OUR COURTS IS BUILT ON A FOUNDATION OF PUBLIC RESPECT. THIS RESPECT CA NNOT BE T AKEN FOR GRANTED, BUT MUST BE EARNED EVERYDAY BY ALL OUR JUDGES IN HO W THEY CONDUCTTHEIR AFFAIRS, BOTH IN AND OUTSIDE OF THE COURTROOM. WE MUST BE EVER MINDFUL OF THE UNIQUE HONOR THAT HAS B EEN BESTOWED UPON US BY THE CITIZENS OF THIS STATE AND EVER VIGILANT THAT WE CA RRY OUT THE DI CTATES OF PUBLIC OFF ICE IN A MANN ER THAT IS BEYOND REPROACH. WHEN PUBLIC CONF IDENCE IN ONE M E MBER OF THE JUDICIARY IS IMPAIRED , WHICH OCCURS WHEN A JUDGE COMMITS MISCONDUCT, THE EN TIRE JUSTICE SY STEM SU FFERS . JUDGE MALONEY , YOUR LAPSE OF JUDGMENT IN DIRECTING THE RELEASE OF AN ARRE STEE , BASED ON A PERSONAL RELATIONSHIP, CA LLED INTO QUESTION YOUR IMPARTIALITY AS A JUDGE AND THER EBY HARMS THE JU STICE SYS TEM WHICH YOU SERVE.NOW , THE COURT RECOGNIZES THAT YOU HAVE BEEN A RESPECTED MEMBER OF THE BENCH FOR MORE THAN 28 YEARS AND HAVE NEVER BEEN THE SUBJECT OF A JUDICIAL QUALIFICATIONS PROCEEDING.F URTHER TO YOUR C REDIT , YOU HAVE EXHI BITED CANDO R FROM THE INCEP TION OF THIS INQUIRY. WE ALSO ACKNOWLEDGE YOUR S WORN TESTIMONY TO THE INVESTIGATIVE PANEL OF THE JUDICIAL QUALIFICATIONS COMMISSION THAT YOU ARE UNAWARE THAT YOUR CONDUCT CONSTITUTED A VIOLATION OF STATE LAW . BUT AS HAS OFTEN BEEN STATED , IGNORANCE OF THE LAW IS IS NO EXCUSE , EVEN FOR THOSE UNSCHOOLED IN THE LAW AND CERTAINLY THIS M A XIM AP PLIES WITH EVEN GR EATER FORCE, TO A MEMBER OF THE JUDICIARY. WE HOPE THAT YOU WILL CONSIDER YOURSE LF FORTUNATE THAT MORE SE VERE DISCIPLINE WAS NOT IMP OSED AND THAT YOU WILL CONDUCT YOURSELF IN THE FUTURE I N AN EXEMPLARY WAY , SO AS TO IN SPIRE R ATHER THAN TOUND MINE PUBLIC TRUST AND CONFIDENCE IN OUR JUDICIARY , BUT WE ADV ICE YOU TO REMEMBER THAT, AS WE HAVE S AID MANY TI MES ON JUDICIAL MISCONDUCT CASES, A SE COND E THICAL BR EACH BY A JUDGEWILL BE SANCTIONED FAR MORE SEVERELY. JUDGE MALONEY , YOUR PUBLIC REP RIMAND IS CONCLUDED ANDYOU MAY LEAVE.