The JQC has four pending cases in the 17th Circuit. That’s a lot even for Broward County, the GOAT by a mile in the JQC convictions department.
Any progress made over the years is now kaput. And it’s not backsliding either; it’s more like the entire courthouse has been placed in a time machine and sent back to 2007.
But why?
It’s not a simple question, of course. And there isn’t a simple answer. But one consistent theme since JAABLOG first came into being, when Dale Ross was in charge, is the role of the Chief Judge in setting the tone for what is acceptable behavior amongst the judiciary in the courthouse, on the campaign trail, or driving home from a bar function (double entendre intended).
Unfortunately, given the relentless pace of JQC activity in Broward today and over the last couple of decades, it’s obvious that no Chief Judge has made much of an impact.
And since déjà vu is the order of the day, we spoke with Howard Finkelstein, the former Public Defender who fought as hard as anyone to clean up Broward, about a concern many of us have discussed over the years (and most certainly revisited in the past few weeks). Whether you agree or not, younger readers and others who desire improvement in the 17th Circuit should find the issues presented interesting and worthy of discussion as well.
From Howard:
“I have worked with every chief judge since the first one.
The same link that for decades allowed Broward to build such an exceedingly large membership in the judicial misbehavior club has been followed through to today’s unfortunate JQC nightmare. That is the chief judge.
A highly political position within the judiciary … (t)hey often knew about the misbehavior but only acted when it became public and then a quiet transfer to another division. Behavior uncorrected just moved to a different area. Kind of like what was done with misbehaving priests, and for every judge protected another vote for chief judge acquired. A culture is created from above to those below, not the other way around, and extended all the way to the campaign trail where new judges are elected.
We have a new chief judge who has an opportunity in a new political climate to change what has been a decades long culture of protecting judges even at the expense of the public. It always takes courage to implement important changes, but I believe in the end a leader can and must emerge to finally lead Broward out of its opprobrium.”
“In my opinion, however, the Court has not been tough enough in imposing its own sanctions, but that is a longstanding problem—judges throughout the country do not really like to punish other judges“— Ethics professor Bob Jarvis
SS: “Broward has a long history of a highly political legal culture, and with it, an excessive tolerance for mediocrity on the bench.” –Sun Sentinel Editorial Board, April 14, 2025
COMING SOON – SUGGESTION BOX FOR THE NEW CHIEF JUDGE …
… There had been some minimal conversation and Respondent was aware of the scheduled meeting or hearing. In his mind, however, the March hearing was the same as or similar to the earlier December hearing at which he voluntarily appeared with counsel. What Respondent failed to realize or appreciate was the March hearing required his appearance in person in accordance with the Rule To Show Cause issued pursuant to FJQC Rule 8. On the night of March 27, 2025, Respondent began driving north on I-95 with the intention of driving to Jacksonville. As he drove north he received a series of messages and telephone calls advising him of an ongoing family matter in Broward County at which his presence was being requested. Respondent weighed his options and elected to address the family crisis. Unfortunately, since he had planned on appearing in person at the JQC hearing he had not submitted a written explanation or any written materials. Instead, early on the morning of March 28, 2025, Respondent sent an email/letter to Alexander Williams, General Counsel for the JQC. Mr. Williams has incorporated by reference that email/letter as Exhibit B in the Recommendation of Suspension. In the email/letter Respondent explained that despite his best intentions he wouldn’t be appearing in person due to a family matter that required his attention …
MARTIN COUNTY − “Following complaints weeks ago that Circuit Judge Brett Waronicki was involved in drug activity at a bar in Jensen Beach, Martin County sheriff’s officials began investigating … Hours after the traffic stop — shortly before 3 a.m. April 24 — sheriff’s investigators executed a search warrant at Waronicki’s home where they reported finding items including a metal tray with cocaine residue and plastic baggies with cocaine residue, records state … Asked why Waronicki was not charged with drug possession, Budensiek said: “Technically, you can charge someone with drug possession if you have residue, but that has not held water here in Florida, and so we don’t make those charges and we treated the judge like we treat anyone else.”
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Assignment: St. Lucie All Civil Jury Trial Cases; All substance abuse and mental health court cases (i.e. Baker and Marchman Act); All Risk Protection Order Cases
“The Martin County Sheriff’s Office confirmed the arrest of Brett Waronicki following a traffic stop. He was booked into jail for DUI after allegedly refusing to take a blood-alcohol test. He also faces a count of possession of drug paraphernalia.
Meanwhile, the other two people in the vehicle with him are accused of possessing cocaine.“
COMING SOON – Is the JQC opening up on another Broward judge in the near future?
Anyone thinking Gary Farmer would go quietly into the night in his battle with the JQC has been proven wrong.
Mike Dutko entered an appearance on behalf of Farmer, and filed this Motion For Extension of Timelate today, asking for an additional fifteen days from the previously imposed deadline of April 21st to show cause as to why the Supreme Court shouldn’t grant the JQC’s request to suspend Farmer without pay.
While one might disagree with Mike’s assertion that “(telling jokes in Court) … are the primary basis of” the JQC inquiries, Farmer has definitely made a good decision in picking Dutko, known for skillfully pulling countless rabbits out of his hat over his many decades in practice.
“The disciplinary charges that the Florida Judicial Qualifications Commission (JQC) has filed with the Supreme Court are serious enough to justify the court removing Farmer, if they are held up at trial“
“Farmer told the JQC he’d learned his lesson, but the JQC doesn’t seem to believe him. It noted that he failed to appear for a second preliminary hearing and sent word only that morning that he had some sort of “emergency situation.”
“The JQC also raises issues of legal procedure, absenteeism and quarrelling with an assistant public defender over her politics. But Farmer’s poor demeanor, including scatological jokes, forms the crux of this case“
“Broward has a long history of a highly political legal culture, and with it, an excessive tolerance for mediocrity on the bench.”
(emphasis added)
At the very least, it’s good to know Farmer isn’t giving up without a fight. And with outgoing Chief Judge Jack Tuter’s honorific plaque firmly on the wall of the courtroom named after him for superlative performance, Browardians will now, pending upcoming Supreme Court rulings, potentially have an unprecedented three very public, highly embarrassing JQC trials to enjoy in the coming months starring Farmer, Mardi Levey-Cohen, and Stefanie Moon …
