INQUIRY CONCERNING A JUDGE, NO. 94-222, RE RAPHAEL STEINHARDT

Fla. | 1995-11-22
No. 85711
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
663 So. 2d 616 Florida Supreme Court (1995)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Judge Raphael Steinhardt was disciplined by the Florida Supreme Court for violating the Code of Judicial Conduct through unprofessional conduct directed at a police officer and improper ex parte communications with an attorney. The Court approved the Judicial Qualifications Commission's recommendation and issued a public reprimand.


Holding

The Court found that Judge Steinhardt violated Canons 1, 2, and 3 of the Code of Judicial Conduct through his conduct toward Officer Dillon and his improper ex parte communications with the plaintiff's attorney. The Court approved the Commission's recommendation of a public reprimand.


Headnotes

[1] A judge's conduct in parking in a "No Parking Any Time" zone and subsequently confronting and threatening a police officer violates Canons 1, 2, and 3 of the Code of Judi…

[2] A judge's conduct in demanding an ex parte meeting with a plaintiff's attorney to question them about an unflattering newspaper article violates Canons 1 and 2 of the Cod…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“the conduct outlined in count one totally failed to comply with the requirements of the Code of Judicial Conduct, Canons 1 (judge shall uphold integrity and independence of the judiciary), 2 (judge shall avoid impropriety and appearance of impropriety in all activities), and 3 (judge shall perform duties of office impartially and diligently)”

Establishes the specific violations found by the Commission and the canons violated

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Judge Steinhardt parked illegally on Ocean Drive on March 28, 1994, received a parking ticket from Officer Dillon, and subsequently engaged in a serie…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This case is before the Court upon a notice of formal charges brought by the Judicial Qualifications Commission and the Commission’s recommendation that Judge Raphael Steinhardt be disciplined. We have jurisdiction. Art. V, § 12, Fla. Const. For the reasons expressed, we approve the recommendation of the Commission that Judge Steinhardt be given a public reprimand.

Judge Steinhardt was charged with fifteen counts of conduct in violation of the Code of Judicial Conduct. After a final hearing, the Commission found Judge Steinhardt guilty of two of those counts. The first count for which Judge Steinhardt was found guilty charged as follows:

1. You parked your green Corvette between two “No Parking Any Time” signs on Ocean Drive March 28, 1994 and then, after receiving a parking ticket from Police Officer Andrew Dillon:
a. demanded of Police Officer Ronald Shimko, whom you encountered shortly thereafter, ‘Who the fuck is Dillon?”

b. told Officer Shimko, who asked if you wished to speak with Officer Dillon, “No, I’ll pay the fucking ticket.”

c. pulled your Corvette up next to where Officers Shimko and Dillon were standing, conferring, shortly afterwards, rolling down your window, staring at Dillon, and nodding as you said, “Okay, Dillon, Okay.”

d. told Lt. James Scarberry and Sgt. Larry Hankoff April 13, 1994, when they came to discuss the homeless problem with you:

You know, because of what Officer Dillon did, I’m withdrawing the $10,000 contribution I normally give to the Police Officers Benevolent Fund and I’ll be giving it to the homeless. And you tell Officer Dillon that I’ll be on the bench for four more years and he’ll have to deal with me every time he comes to court with a ease.

e. summoned Major Vincent Mulshine to the branch courthouse [on] April 21, 1994 and [demanded] to know why Officer Dillon had not been in court that morning (he had not received the subpoena).

f. told the Miami Beach Police Department that Officer Dillon should not appear before you on May 12, 1994 because you, because of a “conflict of interest,” would refuse to hear his cases any longer, and entered a notice of recusal that day.

The second count for which Judge Steinhardt was found guilty charged that he demanded that a plaintiffs attorney appear ex parte before him in his chambers, where he then questioned the attorney concerning what the attorney knew about an unflattering newspaper article concerning Judge Steinhardt.

As to the first count, the Commission found that clear and convincing evidence existed to establish those allegations, and that the conduct outlined in count one totally failed to comply with the requirements of the Code of Judicial Conduct, Canons 1 (judge shall uphold integrity and independence of the judiciary), 2 (judge shall avoid impropriety and appearance of impropriety in all activities), and 3 (judge shall perform duties of office impartially and diligently). The Commission also determined there was clear and convincing evidence to support the allegations contained in the second count, finding that such conduct violated Canons 1 and 2. After determining that Judge Steinhardt’s conduct violated the above listed canons and eroded public confidence and trust in the judiciary, the Commission recommended that this Court publicly reprimand Judge Stein-hardt for his misconduct.

In his response to the Commission’s findings and recommended discipline, Judge Steinhardt apologized for his misconduct and stated that he would accept the punishment recommended by the Commission.

Accordingly, based on the foregoing, we hereby reprimand Judge Raphael Steinhardt for improper conduct by a judicial officer. It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw