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CLEARWATER, FLA---The Florida Judicial Qualifications Commission has filed formal charges against Sixth Circuit Court Judge Brandt Downey of Pinellas County, charging him with habitual viewing of pornography from the courthouse computer, failure to disclose a written juror communication and improper conduct and communication with female attorneys.
Downey has issued a statement, blaming the press for his problems.
Downey, who has announced that he will not seek reelection next year and would retire on Jan. 3, 2007 at the end of his term, has 20 days to formally respond to the charges, filing with the clerk of the Florida Supreme Court. He could be fined, suspended with or without pay and/or removal from office.
Downey, who was elected to a county judgeship in 1984 and then became a circuit court judge, has been on the bench for 17 years.
He came under fire earlier this year, 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 this spring. According to Circuit Court Judge Dee Anna Farrell, administrative criminal judge, she and Sixth Circuit Court chief judge David Demers met with Downey on April 26 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 May 9.
This past summer, Downey became embroiled in another controversy in which it was alleged he failed to alert attorneys during a murder trial this year that a juror may have been sleeping. Even though a bailiff says he provided a trial judge with a note from a juror indicating that another juror might be sleeping through testimony at an April murder trial Downey didn't tell either the prosecution or defense and failed to put the note in the case file. The bailiff receiving the note from the juror reporting the sleeping panelist passed it to another bailiff who in turn says he handed it to Downey but Downey didn't acknowledged receiving the note.
Defense attorneys are seeking a new trial.
Downey had served 17 years in the criminal division but was moved to a civil division in June amidst all the controversy.
The JQC formal complaint says that" Beginning on or about the year 2002, and continuing through 2005, you engaged in the practice of viewing pornographic Internet websites from the computer in your chambers. Your pervasive practice of viewing pornography from the computer in your chambers resulted in frequent computer viruses infecting your computer. Courthouse anti-virus software quarantined the viruses on your computer which in turn, had to be removed by technology staff members either from a remote location or in person by reporting to your office to remove the viruses from your computer.
Notice Of Formal Charges(PDF File)
The commission said that as a result, on at least two occasions, courthouse personnel were unwittingly exposed to pornographic images when they reported to Downey's office to physically remove viruses from his computer. In addition, on at least one known occasion, Downey's judicial assistant was also exposed to a pornographic website image while present in Downey's office during a computer repair service call.
The JQC charges that Downey "repeatedly ignored e-mail warnings such as the one below from court technology staff, advising you of the potential risk to the entire computer network due to your viewing of certain websites:
'Judge Downey, again our Antivirus Server alerted our staff that your computer has multiple viruses. One of the technology staff members will either stop by to clean the virus or we may be able to clean the virus from the server. Please understand that viruses can be found in emails or Internet sites. Many Internet sites carry viruses and just by clicking on a link or popup window could infect your computer. Please be careful about the sites you visit and realize that the virus you encounter could infect our entire network'.
The second formal charge of the three-count complaint alleges that Downey failed to disclose a juror written communication in the murder case of Woodrow Wilson.
"In the case of State v. Wilson, (Case No.:CRC-03-00026CFANO-K) you failed to advise the lawyer representing the State of Florida and the defendant that you had received a written communication from a juror during the trial. The handwritten note from the juror allegedly advised you that said juror was concerned about a fellow juror sleeping during the trial and was further concerned about the fairness of the proceedings due to the sleeping juror. You failed to disclose the note to the lawyers even after defense counsel, who independently learned of the sleeping juror, requested a continuance of the sentencing hearing to explore legal options on behalf of Mr. Wilson. In addition to denying the continuance, you also conducted legal research and cited to Foraker v. State, 731 So.2d 110(5th DCA 1999) in
support of your decision to proceed with the sentencing of Mr. Wilson notwithstanding the sleeping juror. In so ruling, you stated that there was insufficient evidence of the sleeping juror to require a hearing. You made this representation knowing that you had direct evidence in the form of a juror communication evidencing that a fellow juror had in fact seen the juror sleeping during the trial.
"Defense counsel learned about the juror communication after the courtroom bailiff who received the note from the juror reported the existence of the note to the State Attorney's Office who in turn notified defense counsel", the complaint continues. "You claim to have destroyed the note instead of producing the note to the lawyers or placing the note in the court file. The withholding of the juror communication in this case led to your disqualification".
The third count relates to alleged improper contact and communication with female attorneys.
The complaint charges that during 2003 through 2004 Downey "displayed an inordinate interest in a first year female assistant state attorney assigned to Judge Linda R. Allan's division. As such, you repeatedly sent quick conference computer messages to Judge Allan regarding said assistant state attorney's appearance. You also asked Judge Allan to assign a case to you involving this same prosecutor. Further, you asked Judge Allan to advise the prosecutor that her case was coming to your division so that you could in turn, watch her reaction to the news on your computer screen. In addition, you sat in the audience and watched said assistant state attorney in trial on more that one occasion".
"On another occasion you asked said assistant state attorney to approach the bench while court was in session and told her she "looked nice today", the complaint continues. "In addition, you approached her in front of other people and told her she "looked pretty" Furthermore, you also telephoned the assistant state attorney in her office and invited her to have lunch or dinner with you, to which she declined. Your behavior toward said assistant state attorney embarrassed her and caused others to mock and ridicule her".
The commission said that Downey's conduct towards the unnamed assistant state attorney was not an isolated incident. It's alleged that on March 23 he asked another female attorney to approach the bench while court was in session to engage in a personal conversation with her. In addition, it is alleged, he authored an e-mail message later that same day wherein you stated: "IT WAS NICE SEEING U IN COURT LOOKING SO PRETTY.
LOOK FORWARD TO SEEING U SOON IN COURT, OR OUT. BEST
REGARDS, JUDGE D"
"Moreover, on April 6", the complaint continues, "you sent the same female
attorney the following message: 'WAS GREAT SEEING U LAST
NIGHT AND AGAIN TODAY TOO. U LOOKED GOOD ENUF TO.. OH WELL,
WISHFUL THINKING. C U SOON I HOPE'.
Downey issued a statement, blaming the press for his woes, saying that "due to rumors and half-truths reported in the press, I find myself in the position of defending my name against things that never happened, but are assumed to be true because I did not issue comments to the press".
"Now with my announced retirement, I do not feel the need to comment on these matters, except to say that I have never sexually harassed anyone, and no one has every filed any type of sexual harassment complaint against me".
He said he deeply regretted the "embarrassment this entire incident has caused my family, friends and supporters, and I offer them, especially my wife, Lura, my most sincere apologies".
Clearwater attorney LeAnne Lake, 41, had earlier this month announced her candidacy for Downey's position, a six-year term which pays $139,497 annually.
She is the only announced candidate thus far for Downey's position.
12-20-05
© 2005 North
Country Gazette
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