|
TALLAHASSEE--James Henson, Ninth Circuit Court Judge of Orange County, appeared before the Florida Supreme Court Tuesday as the court pondered a recommendation from the Florida Judicial Qualifications Commission to remove the judge from office for misconduct.
In a January ruling, the commission determined that Henson should be removed from the bench because he continued to act as a criminal defense attorney while performing judicial duties in 2000 and that he later advised that same criminal defense client to leave the country in order to avoid prosecution.
Henson was initially elected county judge in Orange County. He served the term of that position which ended on January 5, 2001. He ran for re-election during 2000 but was defeated. He returned to the practice of law doing criminal defense work and again ran for a new judicial post as a circuit judge in the 2002 election. He was elected to the position of circuit judge effective Jan. 5, 2003, and remains in that position today. As a lawyer, Judge Henson had always specialized in criminal defense work.
Generally, the Investigative Panel charged that Judge Henson engaged in the practice of law while he was still in office as a county judge and that he also engaged in other misconduct while a lawyer during the intervening period between his two judicial posts. The charges primarily concerned a criminal case in which Diana M. Jimenez was the defendant.
Ms. Jimenez was intoxicated and struck another vehicle. Two deaths and other injuries resulted. Charges of DUI manslaughter and other related crimes were filed and if convicted, Ms. Jimenez faced a jail term of well over 30 years. Judge Henson represented her and signed a contract on Dec. 20, 2000, calling for a $40,000 "nonrefundable retainer fee." The down payment on the fee was $15,000 in the form of a check delivered to him on Dec. 20, 2000, but not deposited by him until January of 2001.
The commission said that in May, 2001, during Henson's representation of Jimenez, Michael Saunders, the assistant state attorney prosecuting Jimenez, communicated a plea bargain offer to Henson that included a cap of 12 years imprisonment of Ms. Jimenez based on a plea to those charges. It is alleged that he recommended to her that she flee the country and return to her home country of Columbia. She had come to the U.S. with a valid Columbian passport and retained the passport after her arrest.
In order to uphold the removal recommendation by the judicial panel, the court must find clear and convincing evidence that Henson advised his former client to leave Florida in order to avoid prosecution.
The court can uphold the panel's recommendation of removal or it could impose a lesser sanction. A final decision in the case is not expected for at least six months.
Henson has been on a paid leave of absence since February. According to court administration records, so far he has received $84,966 from the taxpayers for doing nothing. He avoided a formal suspension by agreeing to a leave.
He even got a raise in August when Florida's circuit judges began receiving $139,497 annually to hear felony, juvenile, probate, domestic relations and large civil cases. Before his leave, Henson had worked on the juvenile bench in Orange County. With the pay increase, Henson's monthly pay went from $11,221 to $11,625.
In addition to having to pay Henson while the court decides whether or not he should remain in office, taxpayers have also paid about $50,000 to pay for replacement judges.
If the court decides that Henson should be removed, he will become only the 15th judge to be ousted by recommendation of the judicial commission. 9-28-05
|
