Arguing he has “learned his lesson,” Broward County Circuit Judge Gary Farmer, a former Senate Democratic leader, this week urged the Florida Supreme Court to reject a recommendation that he be immediately suspended after an investigative panel accused him of “pervasive and extensive” behavior demonstrating “unfitness to hold office.”
Farmer was elected as a judge in Broward County’s 17th Judicial Circuit in 2022 after six years in the Senate. He served as Senate minority leader during the 2021 legislative session but was ousted after a vote of no confidence by fellow Democrats.
An investigative panel of the state Judicial Qualifications Commission in March filed a notice of formal charges against Farmer accusing him of repeatedly making inappropriate comments. It recommended that he be immediately suspended without pay pending the outcome of the proceedings. The commission makes recommendations about judicial conduct to the Florida Supreme Court, which has ultimate disciplinary authority.
In a response filed Tuesday, lawyers for Farmer, who has been reassigned from hearing cases in the circuit’s criminal division to the foreclosure division, argued that he has “expressed regret, lapse in judgment, as well as shame and embarrassment” for his conduct.
Farmer should not be suspended without pay, in part, because Broward residents “have not been victimized by any illegal, dishonest, or immoral conduct” by the judge, his lawyers wrote.
In addition, suspending Farmer without pay would deny him “the ability to engage in a rigorous defense of himself,” his lawyers argued, because Farmer would still be a judge and be prohibited from practicing in any other area of law.
Farmer spent three decades as a trial lawyer and reported his financial worth as $4.37 million as of Dec. 31, 2021, according to state records.
The judge “expressed regret, lapse in judgment, as well as shame and embarrassment” for his conduct, his lawyers wrote Tuesday.
In addition, Farmer “has shown the type of judicial temperament, demeanor and professionalism” since his transfer to the foreclosure division from the criminal division following last year’s complaint, his lawyers added.
The probe began after a complaint about comments Farmer made while presiding over felony cases in August. The panel found comments “discriminatory, offensive, sexually charged, and demeaning.”
As an example, Farmer “referenced and quoted extensively from a comedy sketch that makes fun of gay people,” court documents filed by the commission said.
“That is not the only time you used double entendre as humor in the courtroom. While presiding over the August 15, 2024, hearing you said, ‘Spring is here, I got so excited I wet my plants’ and ‘What did the shirt say to the pair of pants? Wassup britches!’ Apparently, these are some of what you referred to as your ‘exceptionally, exceptionally bad jokes,’” the commission’s lawyer wrote in the notice of formal charges filed at the Supreme Court.
Michael Dutko, an attorney representing Farmer, acknowledged that the comments made by Farmer “were distasteful” but argued that the only complaints about his remarks were filed by “anonymous prosecutors” and therefore did not warrant the recommended suspension from the bench.
Farmer’s lawyers attributed his comments to his attempts to put defendants at ease, based on advice he received after shadowing other criminal division judges, and noted that Farmer had never handled a criminal case in his 32-year legal career before being elected judge.
While appearing before a judicial investigative panel last year, Farmer said he was trying to emulate “the friendly, hospitable way the (criminal) judges addressed the defendants” in an effort to relieve anxiety and tension.
Farmer’s lawyers characterized his attempts at “dad jokes” as “bad jokes” that fell flat.
“There were times when he clearly went too far,” Farmer’s lawyers conceded in Tuesday’s response. “Yet, it was never his intention to do anything other than to be respectful while also making them feel a bit more comfortable in his courtroom. His poor attempts at humor were not intended nor designed to show disrespect or disdain to those defendants.”
Farmer’s lawyers also indicated that the judge has learned his lesson.
Farmer “has consciously refrained from the conduct and the sort of ‘bad joke’ comments that are the primary basis” for the charges, Farmer’s lawyers argued, saying he has “been striving to exhibit the highest level of professional conduct” and has shown “the type of temperament, demeanor and professionalism that the” judicial panel is entrusted to ensure.
In calling for an immediate suspension, the investigative panel in April highlighted Farmer’s failure to appear as required at a hearing in March.
The panel “believes that his misconduct is egregious and serious, and could clearly affect the public’s perception of the judiciary,” Alexander John Williams, an attorney for the commission, wrote in the 13-page recommendation.
But Farmer’s response said he was en route to the hearing when he received “a series of messages and telephone calls advising him of an ongoing family matter” in Broward County and notified hearing officials at the time.
The judge’s lawyers also noted that Farmer has not been charged with any criminal wrongdoing and that his comments weren’t aimed at self-aggrandizement.
“While respondent (Farmer) acknowledges the importance and serious nature of the … allegations, he feels compelled to point out that he has not been accused of any illegal, immoral or unethical conduct born of avarice or greed. He is not alleged to have violated any criminal law. He has not been accused of any unethical behavior. He has not been accused of or charged with any campaign or financial violations. No party or attorney who has appeared before him has brought any complaint against him,” Farmer’s lawyers wrote.
–Dara Kam, News Service of Florida
Atwp says
Trump was elected, who is worse than that loud mouth liar. Trump is a poor excuse for a leader.