North Country Gazette

Vindictive Judge Faces Misconduct Charges

Posted on Sunday, 9 of September , 2007 at 7:23 pm

SANFORD, FL—A Seminole County judge who sent a defendant to jail earlier this year for asking the judge to recuse himself has been formally charged with misconduct charges by the Florida Judicial Qualifications Commission.

In a formal complaint served last week, the judicial panel has charged that Judge Ralph Eriksson’s actions were “calculated to punish the defendant for exercising a legitimate legal right” and were “punitive and vindictive”, undermining the orderly administration of justice.

In another case, a defendant who was unable to hear the proceedings and who was confused why his attorney hadn’t filed some paperwork, was also sent to jail by Eriksson who has been a judge for 12 years.

Bob Lee Walton, 22, had been charged with driving under the influence and driving in violation of the terms and conditions of a business purposes license.  The case had been previously charged in Circuit Court due to an allegation of possession of cocaine that was subsequently dropped.

Since there was a video of the traffic stop and the cocaine was mentioned on the video, Walton’s attorney had filed a motion to redact portions of the video, moving jointly with the prosecution for an adjournment.  Eriksson had declined to continue the case, saying the case had been pending too long.

Subsequently, Walton asked his attorney to file a motion to recuse Eriksson but when the attorney advised Eriksson of this, the judge responded that he wasn’t satisfied that Walton’s bail of $3,500 was sufficient to insure his presence in court.  The judge revoked Walton’s bond, ordered a new $10,000 bond and ordered that Walton be taken into custody. Walton then spent the next 11 hours in the Seminole County Jail until his family was able to arrange for bail.

When his attorney told Eriksson in open court that his client was withdrawing his suggestion of recusal and was ready for trial at that time, Eriksson ignored the statement, saying that he had granted the motion to continue.

The judicial commission said that in response to questioning by their investigative panel, Eriksson stated his sole reason for revoking Walton’s bond and imposing a new bond was in response to his motion to recuse.

In another case before Eriksson, Daniel Bradshaw, 47,  had been charged with possession of cannabis and possession of paraphernalia.

On Monday, April 3, 2006, the case was set for jury selection and trial.  Bradshaw’s attorney had indicated that he desired to enter a guilty plea.  Three days later, as the court began the plea colloquy, Bradshaw asked why his motion to suppress had not been heard.

The commission said that after Eriksson indicated that it did not become involved in what motions the parties desired to be heard, Bradshaw then decided to change his plea to not guilty.  The judge then stated that Bradshaw had interrupted the administration of justice and revoked his release on recognizance, imposed a monetary bond of $5,0000 and remanded him to jail.

On questioning by the commission’s investigative panel, Eriksson acknowledged familiarity with the defendant’s surname and as a result “felt that he was aware of the court system”.  In describing Bradshaw to the panel, he said “He’s kind of a pathetic little character. Kind of looked like Sammy Davis Jr.”

 

The commission ruled that the judge, as in the Walton case, took actions against Bradshaw to punish him for exercising his rights.

Eriksson has 20 days to file his response with the Florida Supreme Court. If he decides to contest the charges, he would face trial and if found guilty, would face sanction ranging from a reprimand to removal.

He remains on the bench, handling cases.

Eriksson is a former assistant state attorney in the 18^th Judicial Circuit which is comprised of Seminole and Brevard Counties.  9-09-07