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ORLANDO---Orange County Court judge Alan C. Todd was already under investigation for allegedly chastising an unwed female deputy from the bench, calling another female officer a deputite and allegedly making discriminatory remarks about a Hispanic public defender.
Now he has allegedly made a series of disparaging comments in open court about fellow county court judge W. Michael Miller, inferring that Miller was unfair and telling defendants appearing before him that they should hope they remained in his court rather than be assigned to Miller's courtroom.
But Todd is still sitting on the bench although now the chief judge of the Ninth Judicial Circuit Court has removed him from adjudicating misdemeanor cases in the criminal division and has reassigned him to civil court where he'll handle landlord-tenant disputes and other civil disputes.
Todd allegedly told one defendant that when she appeared before Miller to "keep her fingers doubly crossed and her toes crossed and everything else". He allegedly told another defendant "I'm hoping to get you licensed and keep you out of jail. Or I can reassign this to Judge Miller. What do you think?"
A female defendant allegedly pleaded with Todd not to transfer her case to Miller, after Todd said "maybe I should put her on probation when she violates probation, she'll get Judge Miller".
Todd is already under investigation by the state Judicial Qualifications Commission for making inappropriate comments about women in his courtroom on 2002, 2003 and 2004.
In the formal charges served on Todd in August, 2004, it is alleged that he engaged in a conversation with Orange County Sheriff's Deputy Mindy Hood and other courthouse personnel during which time he chastised Deputy Hood because she was an unwed mother. During that same conversation, Todd allegedly told Hood that it is acceptable for a male to have sex before marriage but if a female does so, she is not respected and is considered a tramp. Todd allegedly questioned what "kind of family Deputy Hood came from" and stated that "her family obviously had no morals. When Deputy Hood responded that she came from a good family, Todd indicated that followers of the Baptist denomination "think there is no sin in the world and have no morals. The judge allegedly referred to Deputy Hood's child as a bastard and said that women who have children out of wedlock should not be married by a pastor or priest because having children out of wedlock is morally wrong and is a sin. Todd allegedly said from the bench that a pastor or priest should not marry a couple that has been living together because it is morally wrong to live together outside of marriage. He said that children who are raised in single-family homes typically grow up and go to jail.
During a subsequent conversation with Deputy Hood on that same day, Todd allegedly commented that Deputy Hood was a "disgrace to society," "had no morals" and "that [her single-parent status] was what was wrong with the world today," or words to that effect. Todd further allegedly commented that it "was not your fault that Deputy Hood had gotten herself knocked up," or words to that effect. He also allegedly voiced his displeasure with an ultrasound picture that had been circulated among courthouse personnel.
The complaint against Todd also alleges that he had advised Deputy
Hood on several occasions that her son was going to grow up to become a "loser"
because he was from a single mom, or words to that effect.
It is also alleged that during various times between approximately October, 2002 and October, 2003, Todd referred to Janet Bagley, a female sheriff's office deputy who worked in his courtroom, as a "deputite." Tood reportedly indicated that only when a male deputy was assigned to his courtroom was a "real deputy" present in the courtroom. During that same time interval, Todd allegedly questioned Deputy Bagley regarding personal matters and inquired of Deputy Bagley concerning how many men she had slept with during her lifetime.
The judicial commission said that when Todd was displeased with the courtroom
performance of a Hispanic public defender, he stated, "That's what you get with
affirmative action," or words to that effect.
On one occasion in approximately 2001, while signing warrants, Todd allegedly asked Sheriff's Office detectives whether Penny Sutton, who was employed in courthouse administration at the time, was taking good care of the detectives. When the detectives responded affirmatively, Todd reportedly replied "Well, that's what the men's bathroom wall says . . . I just wanted to make sure," or words to that effect.
http://www.floridasupremecourt.org/pub_info/summaries/briefs/04/04-1655/Filed_08-24-2004_NoticeFormalCharges.pdf
Although a hearing was held in October on the original charges against Todd, to date the commission had not made a formal recommendation. Although the commission's special counsel has recommended that Todd be suspended and a public reprimand issued, no action has yet been taken.
Judicial canons dictate that "a judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary". 12-27-05
© 2005 North
Country Gazette
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