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Inquiry Concerning a Judge: W. Wayne Woodard Docket Number: SC05-1446


MARSHA L: ALL RISE. HEAR YE.HEAR YE.HEAR YE.THE SUPREME COURT OF FLORIDAIS NOW IN SESSION. ALL WHO HAVE CAUSE TO P LEA , DRAW NEAR , GIVE ATTENTION AND YOU SHALL BE HEARD. GOD SAVE THESE UNITED STATES , THE GREAT ST ATE OF FLORIDAAND THIS HONORABLE COURT. LADIES AND GENTLEMEN, THE FLORIDA SUPREME COURT. PLEASE BE SE ATED.

CHIEF JUSTICE: THE FIRST MATTER ON THIS MORNING'S DOCKET IS THE PUBLIC REPMAPPED OF JUDGE W WAYNE WOODARD. JUDGE WOO DARD , P L EASE AND REMAIN STANDING. J UDGE WO ODARD , FLORIDA ENTRUSTS THIS COURT WITH THEDUTY TO IMPOSE APPROPRIATE DISCIPLINE ON JU DGES WH OSE CONDUCT VIOLATES OUR CO DE OF JUDICIAL CONDUCT. T HIS PU BLIC REPRIMAND IS A DISCIPLIN ARY TOOL THAT WE USE TO DEMONSTRATE TO YOU , TO THE OTHER JUD GES I N OURCOURT SYSTEM, AND TO THE PUBLIC, THE D EPTH OF OUR DISAPPROVAL OF ETHICAL SHORTCOMINGS B Y OUR JUDG ES. JUDGE WOODARD, YOU ARE BEFORE THIS COUR T TO B E REPRIMANDED FOR SEVERAL DIFFERENT TY PES OF MISCONDUCT . POOR JUDG MENT I N PLACING A JUDICIAL ELECTION CAMPAIGN ACTIVITY ABOVE THE DUTIES OF OFFICE , MISREPRESENTATION IN YOUR CAMP AIGN LITERATURE . FREQUENT TARD INESS IN O PEN COURT PROCEEDINGS , CAPRICIOUSNESS IN DE ALING WITH WITNESSE S AND ATTORNEYS , AND CONTEMPREDUCENESS WHILEON THE BENCH. YOU H AVE ADMITTED ENGAGE NINGT FOLLOWING ACTS N 2004 , YOU YOU TELEPHONED A DECLARED CAMPAIGN OPPONENT AND IN AN E FFORT TO ENCOURAGE HER NOT TO RUNAGAINST YOU YOU, TO LD HER HUSBAND THAT L OSING THE ELECTION WO ULD AFFECT YOUR RETIREMENT AND THUS YOUR GRANDCHILDREN N YOUR 2 004 CAMPAIGN LITERATURE , YOU YOU OVERSTATED THE NUMBER O F JURY TRIALS OVER WHICH YOU YOU PRES IDED. IN THE SUMMER OF 2 004 , WHEN TRIAL SCHEDULE WAS I N D ISAR RAY BECAUSE OF HURRICANES -- DISARRAY BECAUSE OF HURRICANES, YOU YOU IS SUED A B ENCH WARRANT WITH A $100,000 BOND WIT H AN EXPERT WITNESS WHO FAILED TO A PPEAR I N A CASE. THE WITNESS WAS INCARCERATED FOR SEVERAL HO URS BEFORE YOU YOU O RDER ED H IM RE LEASED ON HIS O WN RECOGNIZANCE . AND YOU YOU BE GAN A DOCKET TEN MI NUTES BEFORE IT WAS SCHEDULED AND I N AB SENCE OF OPPOSING COUNSEL, YOU YOU INSISTED THAT THE D O CKET STARTS WHEN I SAY IT STA RTS. WHEN OPPOSING COUNSELARRIVED ON TIME, YOU REQUIRED BOTH COUNSEL TO W AIT U NTIL THE END OF THE D OCKET T O LITIGATE THEIRCASE. IN 19 98 YOU YOU LEFT AN ARRAIGNMENT AND CONDUCTED A RADIO CAMPAIGN INTERVIEW. YOU WERE FREQUENTLY LATE IN BEGINNING SCHEDULED FIRST APPEARANCES AND YOU YOU REPEATEDLY EXHIBITED RUDENESS AND IMPATIENCE WITH COUNSEL, WITN ESSES AND PARTIES APPEARING BEFORE YOU.YOU HAVE A D MITTED TO THESE FACTS AND COLLECTIVE LY THESE ACTS VIOLATE SEVERAL CA NONS OF THE CODE OF JUDICIAL CONDUCT. CANON ONE PROVIDES I N PART THAT A JUDGE SH OULD PARTICIPATE IN ESTABLISHING, MAINTAINING AND ENFORCING HIGH STANDARDS OF CONDUCT AND SHALL PERSON ALLY APPEAR , SHALL PERSONALLY OBSERVE THOSE STANDARDS, SO THAT THE INTEGRITY AND INDEPENDENCE OF THE JUDI CIARY MAY B E OBSERVED. CANON 2- A STATES THAT A JUDGE SHALL RESPECT AND COMPLY WITH THE LAW AND SHALL ACT AT ALL T I MES IN A MANNER THAT PRO MOTES PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY. CANON 3- A SPECIFIES THAT JUDICIAL DU TIES OF A JUDGE SHALL TAKE PRECEDENCE OVERALL OF THE JUDGE'S OTHER ACTIVITIES. CANON 3 -B -4 PROVIDES THAT A JUDGE SHALL BE PA TIENT , DIGNIFIED AND CURT -- COURTEOUS T O LITIGANTS , WITNESSES AND OTHERS WITH WHOM THE JUDGE DEALS IN AN OFFICIAL CAPA CITY AND CANON 3-B-8 REQUIRES A JUDGE TO DISPOSE OF ALL JUDICIAL MANNERER - - JUDICIAL MA TTERS PROMPTLY , EFFICIENTLY AND FAIRLY. YOUR CAMPAIGN IN 2004 CONSTITUTED AN ATTEMPT T O IMPROPERLY INFL UENCE THE POLITICAL PROCESS , IN VIOLATION OF CANON S 1 , 2 AND 3 OF THE CODE OF CONDUCT. THE MISREPRESENTATION OF THENUMBER OF JURY TR IALS OVER WHICH YOU YOU PROV IDED IN YOUR 20044 CAMPAIGN LIT YOUR -- 2004 CAMPAIGN LIT LURE - - LIT YOUR , INTERFERED WITH THE E L ECTION AND INTERFERED WITH THE PROCESS O F JUDICIAL ELECTIONS , BUT PERHAPS MORE TROUBLING TO THIS COURT ARETHE REMAINING COUNTS THAT RELATE TO YOUR MISCONDUCT IN CARRYING OUT YOUR JUDICIAL DUTIES WHILE ON THE BENCH. TO RE ITERATE , YOU YOU FREQU ENTLY FAILED TO BEGIN FIRST APPEARANCES ON TIME , YOU YOU STARTED A HE ARING E ARLY BEFORE C OUNSEL FOR ONE SIDE HAD AR RIVED. YOU HAD A WITNESS J AILED DESPITE OB VIOUS EXTENUATE ING CIRCUMSTANCES AND REPEATEDLY EXHIBITED RUDE, IMPA TIENT AND DISRESPECTFUL BEHAVIOR IN COURT. THESE VIOL ATIONS OF THE CODE OF JUDICIAL CONDUCT , CONSTITUTE A FAILURE TO PROMPTLY , FAIRL Y AND COURTEOUS LY TO PERFORM THE DUTIES OF THE JUDICIAL OFFICE TO WHICH YOU WERE ELECTED AND TO GIVE YOUR JUDICIAL DUTIES PREC EDENCE OVER OTHER ACTIVITIES. OUR JUDGES I N THIS STATE ARETHE FACE OF JU STICE , AND THE AMBASSADORS FOR THE COURT SYSTEM. WHEN A JUDGE IS RUDE , TAKE T ARDY OR CAPRICIOUS OR PLACES OTHER ACTI VITIES A HEAD OF JUDICIAL DUTIES , THAT BEHAVIOR REFLECTS NEGATIVELY O N THE ENTIRE SYSTEM. YOUR MISC ONDUCT WAS INCONSISTENT WITH THE HIGH STANDARDS OF CONDUCT NECESSARY TO THE PRESERVATION OF THE INTEGRITY OF THE JUDICIARY. AS A TRIAL JUDGE, YOU YOU HAVE A RIGHT TO EXPECT PARTIES, ATTORN EYS AND COURT PERSONNEL TO BE READY FOR THE COURT AT SCH EDULED TIME. YOU , ALSO , HAVE THE P OWER TO ENFORCE THIS EXPECTATION. BUT IT IS AN EXPRESSION OF DISRESPECT FOR THOSE PERSONS WHO SERVE THE COURT AND APPEAR BEFORE YOU , AND BY EXTENSION TO ALL OUR CITIZENS , WHEN YOU, AS THE PRESIDING JUDGE, DO NOT APPEAR WHEN SCHE DULED . F URTHER , YOUR REP EATED RUDENESS AND IMPATIENCE IN COURT IS CONDUCT UNBECOMING A JUDD Z URBL OF FICER -- A JUDICIAL OFFICER. JUDGE WOODARD , YOUR ADMISSION TO THESE INSTANCESOF MISCONDUCT , YOUR STIPULATION TO THIS PUBLIC REPRIMAND AND YOUR AGREEMENT TO UNDERGO AN GER MA NAGE MENT COUNSELING , WHICH WE UNDERSTAND YOU HAVE COMPLETED , ARE ALL POSITIVE STEPS THAT SHOW THAT YOU YOU ACCEPT RESPONSIBILITY FOR YOUR MISCON DUCT, ARE WI LLING TO SU FFER ITS CONSEQUENCES AND ARE DETERMINED TO PRE VENT ITS RECURRENCE . PLEASE REFLECT ON THIS PROCEEDING IN THE CO MING D AYS, WEE KS AND MONTHS , ANDTAKE FROM IT NOT ONLY OUR REBUKE BUT, ALSO , OUR ENCOURAGEMENT TO REACH FOR THE HIGHEST STANDARDS OF JUDICIAL SERVICE , PROMPT , COURTEOUS AND UNIMPEACHABLE INTEGRITY AND FINALLY LET ME REMIND YOU THAT ANY F URTHER BREACHES OF MISCONDUCT WILL BE DEALT WITH FAR MORE SEVERELY. JUDGE WOODARD , YOUR PUBLIC REPRIMAND IS CONCLUDED AND YOU YOU MAY NOW LEAVE THE COURTROOM. THE COURT IS G OING T O TAKE A BRIEF RECESS TO, BEFORE WE H EAR THE NEXT CASE.

MARS HAL: PLEASE RISE.