Originally Posted - September 23, 2006

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PINELLAS COUNTY---For three years, Pinellas-Pasco Circuit Court Judge Brandt Downey surfed porn sites on the computer in his judicial chambers, repeatedly infecting not only his computer, but the computer system for the entire courthouse.

But despite his egregious judicial misconduct, the Florida Judicial Qualifications Commission failed to remove Downey from the bench and the Florida Supreme Court upheld their determination, agreeing that Downey could remain in office until the end of his term which expires in January, 2007. Downey had to stipulate that he would never seek judicial office again.

To add insult to injury, Chief Judge David Demers even seemingly rewarded Downey for his misconduct. In July, a week after the Supreme Court approved a stipulation which allowed Downey to remain on the bench, Demers appointed him to a panel which reviews civil appeals.

After his July rebuke by JQC and the court, Downey, 61, had issued a public apology, saying that his actions harmed the "public confidence in the integrity of the judiciary".

In appearing before the Florida Supreme Court Friday for a public reprimand, Downey was told by Chief Justice Fred Lewis that the court had felt compelled to approve the stipulation agreement he had reached with the JQC, calling it a "deal with the devil". Lewis said that had the court not accepted the deal, it's likely the Downey case would have continued long past the end of his term and there would have been no guarantee that Downey wouldn't have again sought judicial office.

Lewis reamed out Downey in a blistering 15-minute reprimand Friday, asking him what he had been thinking. He told Downey his actions were "an embarrassment to the people of Florida".

He told Downey that his behavior was a "shadow on all of us".

"The conduct that brings you here today is truly shocking", Lewis said. "Let this be a message that this behavior by judicial officers will not be tolerated……The conduct that brings you here today is truly shocking……Your reckless behavior contributed to what was really a hostile work environment in that courthouse. It's inexcusable the way you behaved".

Downey apologized to the court and nearly full gallery of lawyers and spectators, saying that he believed that God had forgiven him for his sins.

The Florida Judicial Qualifications Commission had dismissed several allegations involving Downey's alleged sexual harassment of female attorneys, rather than immediately removing Downey from the bench they agreed to allow him to retain his position until the end of his term on Jan. 1, 2007, at which time he will retire. He may not serve as a senior judge and has agreed not to seek appointment or election as a judge.
http://www.floridasupremecourt.org/pub_info/summaries/briefs/05/05-2228/Filed_05-26-2006_Stipulation.pdf

Last December, the commission had filed formal charges against Downey who serves Pinellas and Pasco Counties, containing three counts of misconduct. In addition to charging that Downey was engaged in habitual viewing of pornography from the courthouse computer, the panel also charged Downey with failing to disclose a written juror communication and improper conduct and communication with female attorneys.

Downey admitted to only the pornography charge. He said that his actions "caused computer viruses to infect my computer and unwittingly exposed courthouse personnel to pornographic images".

He denied that he had acted improperly with a female prosecutor and also denied that he had failed to disclose the juror's note.

Downey admitted before the Supreme Court in July that his conduct towards the women had been inappropriate. He admitted that he was trying to get to know one of the female attorneys better on a social level but admitted it was inappropriate in that she had cases pending in his court. He also told the court that the charges had caused him much embarrassment and financial consequences.

His access to email and the Internet at the Courthouse will continue to be restricted until his retirement and he must continue his counseling until he is released by his counselor.

He was elected to a county judgeship in 1984 and then became a circuit court judge, sitting on the bench for 17 years.

Downey came under fire in 2005, accused of using the computers in the Clearwater Courthouse to surf pornography on the Internet and charges of sexual harassment.

Downey took a mysterious two week leave of absence last spring. According to Circuit Court Judge Dee Anna Farrell, administrative criminal judge, she and Sixth Circuit Court chief judge David Demers met with Downey last April and questioned him about sexual harassment allegations and the porn issue. Although Downey was to preside at a robbery trial about to begin, he left the courthouse immediately after the meeting and Farnell handled the trial.

In a statement issued shortly thereafter, Demers said Downey's leave was due to "some significant family and personal problems" and refused to comment why Downey took the leave, saying he couldn't due to ethical considerations.

Downey returned to work last May 9.

Technicians fixing Downey's court computer last spring discovered the computer had picked up viruses from pornographic websites.

State Attorney Bernie McCabe claimed to reviewed the case and determined that Downey's "actions did not constitute a crime". However, a trial had been scheduled by the judicial qualifications commission regarding the charges before the stipulation was reached.

In regard to the second count of the three count JQC complaint against Downey which alleged improper contact and communication with female attorneys, Downey produced sworn statements from the two women that he was accused of harassing. Both say in their statements, made last August, they have no complaints against him.

According to the JQC complaint, Downey had allegedly sent one attorney an email termed sexually suggestive and frequently complimented the other attorney on her appearance and hugged her.

Downey also disputed the third charge of the complaint which alleged that he failed to disclose a juror written communication in the murder case of Woodrow Wilson. The juror's note allegedly reported that another juror was sleeping during Wilson's murder trial last year.

According to a 2005 study conducted by the Pinellas-Pasco Public Defender's office, since 2000, Downey has been reversed in 72 cases, more than any other Pinellas criminal judge. With such a record, it seems implausible for him to sit on a panel to consider appeals. Public defender Bob Dillinger said that there were other choices that could have been made to gain more public confidence in the judiciary. 9-23-06

© 2006 North Country Gazette