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Inquiry Concerning a Judge: Richard H. Albritton, Jr.
SC05-851
HEAR YE, HEAR YE, HEAR YE. THE SUPREME COURT OF FLORIDA IS NOW IN SESSION. ALL WHO HAVE CAUSE TO PLEA, DRAW NEAR, GIVE ATTENTION, AND YOU SHALL BE HEARD. GOD SAVE THESE UNITED STATES, THIS GREAT STATE OF FLORIDA AND THIS HONORABLE COURT. LADIES AND GENTLEMEN, THE FLORIDA SUPREME COURT. PLEASE BE SEATED. GOOD MORNING AND WELCOME TO THE FLORIDA SUPREME COURT. OUR FIRST ARGUMENT FOR THE 2006 FALL CALENDAR THE FIRST MATTER FOR CONSIDERATION THIS MORNING IS THE INQUIRY CONCERNING JUDGE RICHARD ALBRITTON. JUDGE ALBRITTON IF YOU WOULD ADDRESS THE PROCEEDIUM PLEASE. JUDGE ALBRITTON AS WE BEGIN, I MIST TELL YOU THAT THIS IS A VERY DISSTAYS -- DISTASTEFUL MORNING FOR THE ENTIRE COURT. OUR FIRST FORMAL MORNING IN THIS 2006 FALL SESSION, OUR VERY FIRST CASE WE FACE A MATTER THAT ACTUALLY SOILS US ALL, BECAUSE WHAT AFFECTS ONE AFFECTS ALL OF US. IT'S NOT THAT ANY OF US ARE PERFECT. BUT IT IS THAT THE MISCONDUCT OF ONE, THE MISCONDUCT OF ANY OF US TOUCHES THE RESPONSIBILITY OF ALL OF US. WE HAVE ONLY THE TRUST AND CONFIDENCE OF OUR CITIZENS TO FORM THE FOUNDATION OF OUR ENTIRE JUDICIAL SYSTEM. THE MISCONDUCT OF ANY OF US CAUSES A LOSS IN -- AND A PIECE OF THAT FOUNDATION AND FRIENDS, WE CAN NOT PERMIT ANY OF US TO UNDERMINE THE ENTIRE SYSTEM. THE PRO SEEING BEFORE US TODAY REMINDS US OF THE IMPORTANCE OF MAINTAINING THE DIGNITY APPROPRIATE TO ALL JUDICIAL OFFICERS AND TO THE DUTY OF EACH JUDICIAL OFFICER TO ACT IN A MANNER THAT'S CONSISTENT WITH NOT ONLY INTEGRITY IMPARRALITY AND THE INDEPENDENCE OF THE JUDICIARY BUT TO MAINTAIN THE APPEARANCE, TO MAINTAIN THE APPEARANCE OF ALL PRO PRYTY. NOTHING IS MORE IMPORTANT TO CIVILIZED SOCIETY THAN THE THREAD OF CONFIDENCE THAT HOLDS US TOGETHER. IT IS IMPERATIVE TO THE EFFECT OF FUNCTIONING OF OUR SYSTEM THAT ALL OFFICERS ABSTAEUPB FROM INAPPROPRIATE BEHAVIOR WHICH TENDS TO REFLECT NEGATIVELY ON THE WHOLE SYSTEM PUBLIC DEFENDER OFFICE IN A JACKSON COUNTY IN YOUR ROBE. AND MAYBE THIS WAS AN INNOCENT MISTAKE BUT CONVEYS AN INFERENCE OF FAVORITISM AND I HOPE IT WAS A MISTAKE. DURING THAT SAME PERIOD OF TIME AS A CONDITION OF THE PROBATION, YOU IMPOSED THAT WANTIN CHURCH. IT MAY HAVE HAD SOME MOTIVE. WHEN YOU WERE ADVISED THAT, THAT WAS UNCONSTITUTIONAL, YOU SIMPLY RESPONDED THAT YOU KNEW IT WAS WRONG BUT THE DEFENDANT DID NOT. S WITH THAT STATEMENT YOU BECOME UNLAWFUL SIR AND YOU ABUSED YOUR POSITION BY PLACING YOURSELF ABOVE THE LAW NO MATTER HOW MERIT TORIOUS YOUR REASONS MAY HAVE BEEN. ON AN ONGOING BASIS YOU HAVE ADMITTED THAT YOU ARE LATE TO HEARING, LATE TO TRIALS, A MATTER MAY BE NOTICED FOR 1:30 BUT IT DOESN'T BEGIN BEFORE 2:30. WE SIMPLY CANNOT OPERATE THAT WAY. YOU HAVE ADMITTED SHORT BREAKS OF A FEW MINUTES OR UP TO 15 MINUTES BUT THEN NOT RETURNING FOR AS LONG AS ONE OR TWO HOURS AND LEAVING OTHERS WAITING ON YOU. I MUST ASK YOU HAVE YOU NO RESPECT FOR OTHERS? DO YOU THINK THAT YOU ARE ABOVE ALL OTHERS AND IN CONDUCTING THE BUSINESS OF THE COURT? YOU MUST UNDERSTAND THAT NONE OF US ARE. NONE OF US. DURING A HEARING IN THE INTEREST OF ANGEL POPE IN JACKSON COUNTY YOU PLACED A YOUNG MOTHER IN A HOLDING CELL FOR ALMOST ALL DAY BECAUSE SHE COULDN'T RECALL HER ADDRESS. WHEN YOU WERE FIRST ON IF BENCH YOU MET WITH DC PERSONNEL IN PANAMA CITY TO AFFORD AN OPPORTUNITY FOR THEM TO KNOW YOU AND YOU TO KNOW THEM AND YOU OFFERED EVERYONE COFFEE EXCEPT FOR ONE FEMALE MEMBER AND YOU OFFERED HER MILK BECAUSE YOU THOUGHT SHE WAS SO YOUNG. WELL MAYBE THAT'S ANOTHER FAILED ATTEMPT AT HUMOR OR JOKE, BUT YOUR INSENSITIVITY TO THOSE PRESENCE CAUSES HARM TO ALL OF US. IN DEPENDENCY CASES WHEN A PARENT IS BEFORE YOU, YOU HAVE ON OCCASION, REQUIRED OR INQUIRED AS TO WHETHER THEY WERE USING DRUGS AND IF A CITIZEN REPLIED KNOW YOU ORDERED THEM TO HAVE DRUG TETS ON THE SPOT. IF THE TEST RESULT COME BACK POSITIVE YOU HELD THEM IN CONTEMPT. JUDGE ALBRITTON IN DUE PROCESS IS CONCEPT WHICH THIS NATION OPERATES. TO BE A JUDGE U YOU MUST UNDERSTAND THAT. THE CONDUCT IN THAT REGARD IS VERY SHOCKING TO LOCK UP SOMEONE LIKE THAT UNDER THOSE CIRCUMSTANCES. IN 2004 YOU CALLED AN ATTORNEY TO THE BENCH AND INQUIRED ABOUT A SOCIAL PARTY. AND SUGGESTED THEY NEEDED TO DONATE MONEY, TO DONATE MONEY FOR A PARTY FOR YOU, SIR. A DAY OR SO LATER WHILE YOU WERE IN COURT YOU MENTIONED MONEY TO THAT PERSON, AGAIN. AND THEN THAT ATTORNEY WROTE A CHECK PAYABLE TO JERRY GLASS AND GAVE IT TO MR. GLASS, JERRY GLASS AND TOLD HIM TO MAKE SURE HE TOLD YOU THAT SHE HAD PAID. THAT'S WRONG. AND YOU SHOULD HAVE KNOWN THAT, THAT'S NOT THE WAY TO CONDUCT YOURSELF. APPROXIMATELY EIGHT MONTHS AGO YOU ASKED INDIVIDUALS TO GO TO LUNCH. MAYBE AN INNOCENT GESTURE. BUT AS IT TURNS OUT YOU HAD ORDERED THE DCF TO DIRECTLY MAY CERTAIN DEFENSE ATTORNEYS AS OPPOSED TO HAVING THE COUNTY PAY THEIR LEGAL BILLS BECAUSE YOU DID NOT LIKE THE CASE DCA HAD ADVANCED. AT LAUNCH YOU GAVE LEGAL COUNSEL TO THE ATTORNEYS. YOU THEN ACTED ON THE CASE ON YOUR OWN LEGAL ADVICE THEN YOU SIGNED AN ORDER ON THE MOTION THAT YOU HAD INSTRUCTED. ON ANOTHER OCCASION YOU USED YOUR OFFICE TO HAVE AN ATTORNEY BUY LUNCH FOR YOU FOR OTHERS. YOU JUST -- THAT CAN'T HAPPEN. IN JUNE AT THE PARTY FOR YOU MR. GLASS PREVENTED YOU WITH A GIFT CERTIFICATE FROM THE CONTRIBUTOR RAISING MONEY FOR YOURSELF, SIR, JUST CAN'T OCCUR YOU VIOLATED VARIOUS 11:00 SUBBION OF 1-5 OF THE JUDICIAL CODE OF CONDUCT INCLUDING CANON ONE BY FAILING TO MAINTAIN A HIGH STANDARD OF CONDUCT TO PRESERVE THE INTEGRITY OF THE JUDICIARY, CANON 2-A WHICH REOWEDDING PUBLIC CONFIDENCE AND CANON BY FAILING TO MAINTAIN THE APPEARANCE OF PROPRIETY AND IMPARRALITY. WE HAVE A CONSTITUTIONAL MANDATED PROCESS THROUGH WHICH WE ADDRESS JUDICIAL MISCONDUCT THAT VESTS SUBSTANTIAL AUTHORITY IN THE JUDICIAL QUALIFICATIONS COMMISSION IN ACCORDANCE WITH YOUR STIPULATION AND THE FINDING AND CONCLUSIONS AND RECOMMENDATION THAT'S THE REASON YOU ARE HAVING THIS PUBLIC REPRIMAND. YOU STIPULATED THAT THIS REPRIMAND IS AN ELEMENT OF A GREATER SCHEME OF APPROPRIATE DISCIPLINE UNDER THE CIRCUMSTANCES AND CONSISTENT WITH OUR LAW WE'VE REQUIRED YOU TO BE HERE THIS MORNING TO UNDERSTAND THE SCOPE OF YOUR MISBEHAVIOR. WE'RE HERE TODAY IN AN ATTEMPT TO RESTORE SOME OF THE CONFIDENCE AND THE INTEGRITY OF THE FLORIDA JUDICIARY BUT ALSO TO STRONGLY WARN YOU THAT YOU NEED TO CHANGE YOUR WAYS. WHEN YOU ACCEPT JUDICIAL OFFICE YOU STEP ACROSS THE RANKS OF THE LAY CITIZEN AND ACCEPT AN OATH TO BE A JUDGE. THIS IS MORE THAN A PHYSICAL STEP. IT MUST BE A TOTAL PHYSICAL AND MENTAL COMMITMENT TO SERVE JUSTICE, THE IDEALS OF THE JUSTICE SYSTEM, AND THE IDEALS OF THE PROPER JUDICIAL OFFICER. THE JUDGE'S BEHAVIOR IS AND MUST BE OPEN FOR CONSIDERATION AT ALL TIMES. IF WE EXPECT THE JUDICIAL BRANCH TO HAVE THE RESPECT AND CONFIDENCE IT REQUIRES AND IF WE ARE TO PROTECT THE RULE OF LAW THAT HOLDS US TOGETHER. THE BEHAVIOR THAT BROUGHT YOU HERE TODAY IS COMPLETE DISREGARD FOR THE IDEALS WE MUST MANDATE FOR ALL OF US. WE HAVE THE PRIVILEGE OF DECIDING MATTERS OF GREAT IMPORTANCE TO FAMILIES, SOCIETY, AND THE VERY ESSENCE OF OUR REPUBLIC. ALONG WITH THIS PRIVILEGE COMES THE RESPONSIBILITY OF MEETING EXPECTATIONS OF JUDICIAL BEHAVIOR. THIS RESPONSIBILITY CAN ADMITTEDLY AT HAND CONSTITUTE A HEAVY BURDEN AND WE MUST BE VERY CAUTIOUS. THE TYPE AND DEGREE OF THE REPETITIVE UNACCEPTABLE BEHAVIOR IN WHICH YOU ENGAGE PAINTS A PICTURE OF A PERSONALITY THAT'S SIMPLY HAS FAILED TO ENGAGE AS A JUDICIAL OFFICER. WHEN YOU ASSUMED YOUR JUDICIAL OFFICE YOU ACCEPTED THE OATH TO UPHOLD THE PRINCIPLES CONTAINED IN BOTH THE FLORIDA AND THE CONSTITUTION OF THE UNITED STATES. ONE OF THE MOST ESSENTIAL ROLES OF THE JUDICIARY IS TO SERVE AS A GUARDIAN OF ALL THOSE ORDER LIBERTIES AND THE FREEDOMS AND THE RIGHT THAT ARE CONTAINED THERE ANY. WITHOUT CONSTANT VIGILANCE AND THE RIGHT AND IDEALS PROVIDED UNDER OUR TPRAEPL WORK MAY FADE. AS AN OFFICER OF THE JUDICIARY YOU BARE A HEAVIER BURDEN THAN THE AVERAGE CITIZEN WITH REGARD TO THESE FUNDAMENTAL CONSTITUTIONAL VALUES INCLUDING AFFORDING EVERYONE DUE PROCESS AND NOT LOCKING INDIVIDUALS AWAY SIMPLY BECAUSE THEY CANNOT REMEMBER AN ADDRESS. IN THE STIPULATION YOU KNOWINGLY ADMITTED THAT YOU IMPOSED AN UNCONSTITUTIONAL CONDITION UPON ONE OF OUR CITIZENS, TOTALLY CONTRARY TO LAW. THAT A JUDICIAL OFFICER WOULD KNOWINGLY IMPOSEN UNCONSTITUTIONAL ON AN UNWITTING SYSTEM NOT IN SPITE OF BUT SEEMINGLY BECAUSE THAT CITIZEN WAS IGNORANT OF HER CONSTITUTIONAL LIBERTIES IS IN DERGGATION THAT WE AS JUDGES PERFORM. SUCH BEHAVIOR CANNOT AND WILL NOT BE TOLL HRAEUTED -- TOLERATED ON THE PART OF ANY OF OUR STATE JUDICIAL OFFICERS. YOUR CONDUCT CALLS INTO QUESTION YOUR IMPARRALITY BECAUSE CALLS INTO YOUR EX PARTE CONTACT WITH ATTORNEYS PRACTICING BEFORE YOU. YOU DISCUSS MATTERS OF CASES PENDING BEFORE YOU. IMPARRALITY IS A ESSENTIAL FOR ALL OF US. THE ADVERSARIAL PROCESS SIMPLY BREAKS DOWN IF WE CANNOT TRUST THAT OUR JUDGES WILL STAND ABOVE THE COUNSEL WHO APPEAR BEFORE THEM. EVEN THE APPEARANCE OF INAPPROPRIATE IS NOT ACCEPTABLE. FAULTLESS BEHAVIOR, THOUGH NOT INTENTIONAL FAULTLESS BEHAVIOR CAN GENERATE THE PERCEPTION, THAT YOU ARE NOT AN IMPARTIAL JUDICIAL OFFICER. YOUR BEHAVIOR THAT WE MUST ADDRESS TODAY IS CAST A SHADOW OF DOUBT OVER ALL OF US WITH REGARD TO IMPARTIAL ALTERNATE KWREUL. YOUR TEMPERAMENT IS ALSO UNACCEPTABLE. YOUR JUDGES MUST BE COURT JOUST AND PATIENT TO ALL. YOUR BEHAVIOR TOWARD PARTIES BEFORE YOU HAS FALLEN SHORT OF THE STANDARD WE EXPECT. THE FINDING THE MOTHER THAT SHE COULD NOT RECALL HER ADDRESS, NOT APPLYING THE LAW OBJECTIVELY, CERTAINLY THERE'S ROOM FOR HUMAN COMPASSION. BUT YOUR BEHAVIOR IS NOT ACCEPTABLE. THE EXPERIENCES OF EACH INDIVIDUAL HAD OCCASION TO ENCOUNTER WHAT HAS OCCURRED HERE HAS CREATED FOR EACH OF THEM THE IMPRESSION THAT OUR JUDICIARY AS A WHOLE DOES NOT OPERATE AS IT SHOULD. IT'S A STAIN ON ALL OF US NOT ONLY FOR THE CITIZENS WITH WHOM YOU'VE BEEN IMTEMPERATE BUT THE COLLECTIVE EYES OF ALL CITIZENS. THIS THOUGHTLESS BEHAVIOR EXPENDS THE CAPITAL PRODUCED BY THE KIND AND COMPASSIONATE ACTION OF OTHER FLORIDA JUDGES. FINE MEN AND WOMEN WORKING EVERY DAY TO UPHOLD OUR STANDARDS AND ONE CAN ABSTAIN US ALL. WE CAN'T ACCEPT THIS BEHAVIOR WHICH NEGATIVELY DOES SO. YOU MUST BE MINDFUL THAT YOU -- YOUR CONDUCT IS OPEN FOR OBSERVATION FROM ALL IN THE COMMUNITY. YOU CARRY YOUR POSITION OUT INTO THE COMMUNITY AND YOUR BEHAVIOR THERE, THE SOCIAL ENCOUNTERS WHEN YOU ARE NOT ON THE BENCH CAN MUCH OR EVEN MORE DAMAGING THAN WHAT OCCURS IN THE ACTUAL COURTROOM. TO INJECT YOUR SELF INTO A SOCIAL SETTING IN ASKING PEOPLE TO TAKE YOU HUNTING AND HAVE PARTIES FOR YOU AND ORDERING MEALS JUST CANNOT BE DONE. CALLING A JUDICIAL OFFICER HERE YOU, SIR THIS MORNING AND WE HAVEN'T MET BEFORE. I REGRET THAT WE HAVE NOT MET. BUT IT IS A DUTY THAT WE AS A COURT MUST FULLFILL TO ALL THE CITIZENS AND TO ALL OF THE OTHER JUDGES. IT'S ONE OF THE MOST IMPORTANT RESPONSIBILITIES BECAUSE THE TRUST AND CONFIDENT. OF OUR PEOPLE DEPEND ON HOW WE DEAL WITH THESE MATTERS. YOU HAVE THREATENED THE VERY ESSENCE OF THE JUDICIARY BY TARNISHING THE DIGNITY, INTEGRITY AND IMPARTIALALITY AND I HOPE THIS IS A MESSAGE THAT SUCH BEHAVIOR BY JUDICIAL OFFICERS SIMPLY WILL NOT BE TOLERATED. AND, AGAIN, WE ALL HOPE THAT THIS CONDUCTS A MISTAKE AND AN STENT. WE ALSO HOPE THAT THIS APPEARANCE WILL BE SUFFICIENT TO CAUSE YOU TO BE MORE THOUGHTFUL AND CAUSE YOU TO THINK BEFORE YOU ACT IN ANY CIRCUMSTANCE. IF NOT, IF NOT, YOU WILL BE BEFORE MEMBERS OF THIS COURT EITHER PRESENT OR FUTURE AGAIN. THE RESULT WILL NOT BE SO MILD IF LESSONS HAVE NOT BEEN LEARNED BY THIS EPISODE. WE HOPE THAT YOU WILL TAKE THESE TO HEART. WE HOPE YOU WILL BE A FINE, FINE REPRESENTATIVE FOR THE JUDICIARY AS YOU WALK AWAY FROM THIS COURT AND PLEASE UNDERSTAND THE THOUGHTS THAT GO INTO THIS. BECAUSE WE WANT YOU TO BE A BETTER JUDGE. WE EXPECT YOU TO BE A BETTER JUDGE AND WE KNOW YOU CAN BE A BETTER JUDGE. THIS CONCLUDES THE REPRIMAND. YOU MAY BE EXCUSED