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FORT PIERCE, FLA---A St. Lucie County Court judge is learning first hand not to "rock the boat" and after filing complaints on his fellow judges, alleging that they couldn't be impartial and were allegedly acting improperly, he's had the tables turned on him.
Judge Cliff Barnes of the 19th Judicial Circuit is under investigation by the Florida Judicial Qualifications Commission for allegedly demeaning the integrity and independence of the judiciary by complaining about the propriety of the conduct of the St. Lucie County sheriff, state attorney and public defender and by allegedly writing about the issue as a guest columnist in a local newspaper.
Barnes was served notice that the commission has found that probable cause exists to file formal charges against him on Oct. 26. Most of the charges are related to a complaint that Barnes filed with the Fourth District Court of Appeals in July alleging that his fellow judges, the state attorney and the public defender weren't complying with the law at first appearance hearings which are required within 24 hours of a subject's arrest.
Barnes has filed his response and has moved to dismiss some of the charges.
He specifically called for County Judge Thomas Walsh to recuse himself from criminal hearings, saying that Walsh had a prohibited conflict of interest because he is married to public defender Diamond Litty.
The JQC charges that Barnes violated judicial canons by filed a petition for a writ of mandamus seeking the removal of Walsh, saying instead that Barnes' actions created an appearance of impropriety concerning his ability to act in an impartial manner as a judge in criminal proceedings.
The judicial disciplinary agency says that by charging specific improprieties of another judge which the JQC is without appropriate foundation, that Barnes has eroded the public confidence in the judicial system. The JQC also claims that by advocating a position that benefits third parties (the public) Barnes has violated the prohibition against a sitting judge practicing law.
The commission has also charged that Barnes has violated judicial canons by taking actions that call the judiciary into disrepute, which they claim includes unfounded public attacks against judiciary and sitting judges and other public officials. They claim that Barnes has demeaned his judicial office by a series of actions including contempt for the judicial education process, failure to wear appropriate attire during court proceedings, engaging in inappropriate colloquies on the bench with defendants and refusing to attend judicial meetings with other judges in the circuit.
The JQC also complains that Barnes has demeaned the integrity and independence of the judiciary by failing to follow proper channels concerning grievances regarding other judges' alleged misconduct by instead choosing to air his grievances in the media rather by taking available steps to bring his complaints to the commission and/or the Florida Bar or by steps within the system to enlist the support of other judges to "appropriately modify judicial conduct or attitudes". http://www.floridasupremecourt.org/pub_info/summaries/briefs/06/06-2119/Filed_10-26-2006_NoticeFormalCharges.pdf
By having dared to make public the alleged misconduct of his fellow judges and to accuse other public officials of wrongdoing, the JQC has charged that Barnes is unfit to hold judicial office and seeks to remove him from the bench.
"This cumulative misconduct constitutes a pattern and practice unbecoming a judicial officer and lacking the dignity appropriate to judicial office, with the effect of bringing the judiciary into disrepute," the complaint says.
In his answer to the complaint, Barnes has denied all allegations. He maintains that the newspaper column that he penned was "entirely factual, was not misleading and did not in anyway demean the integrity and independence of the judiciary and the judicial system.
"The canon does not require that judges only make positive, cheery assessments to the public", Barnes said in his pro se response. " Simply because the article was unpopular with the sheriff, state atorney and public defender did not make it ethically objectionable. It could be argued that the article served to underscore that the judiciary is in fact separate from these agencies. A truly independent.
Judiciary should not be afraid of offering honest, constructive criticism of the legislative or executive branches, or itself for that matter, when it comes to the administration of equal justice" http://www.floridasupremecourt.org/pub_info/summaries/briefs/06/06-2119/Filed_11-13-2006_BarnesResponse.pdf
Barnes has moved to dismiss the entire complaint, saying that some of the charges against are new and that the state has not properly noticed him in the matter. http://www.floridasupremecourt.org/pub_info/summaries/briefs/06/06-2119/Filed_11-13-2006_MotionDismissCharges.pdf
He says that the he has never been informed that attendance at the quarterly meetings of the 19th circuit judges was mandatory and that he missed the last meeting because he was traveling to Tampa for his daughter's major spinal surgery which he considered more important than a judicial meeting.
It is unknown who filed the complaint against Barnes with the commission. After hearing from its attorney and Barnes the commission will forward its final recommendation to the state Supreme Court who will make the final determination which could range from no discipline to removal from office. 11-21-06
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© 2006 North
Country Gazette
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