Public Reprimand for Broward Judge Over Campaign Behavior in Nonpartisan Race
The high court's order followed charges by the Judicial Qualifications Commission that Judge Ernest Kollra engaged in partisan politics during his retention campaign.
April 18, 2019 at 01:05 PM
4 minute read
The Florida Supreme Court Thursday ordered a public reprimand for Broward Circuit Judge Ernest Kollra over his actions while campaigning for the bench.
The high court agreed with the Judicial Qualifications Commission, which charged Kollra with judicial misconduct on Feb. 15. The JQC alleged Kollra had violated rules governing judicial conduct by participating in partisan political activity during his 2018 campaign to retain his position on the bench of the Broward Circuit Court.
The JQC found the judge violated Canons 7C and 7D of the Florida Code of Judicial Conduct for identifying as a registered Republican during an interview with the Sun Sentinel in May 2018, as well as appearing at an “endorsement event” by the Dolphin Democrats organization. Kollra later touted the Dolphin Democrats' endorsement during a speech at an event hosted by the Hills Democratic Club.
The Florida Supreme Court's filing found Kollra “clearly introduced partisan political activity into a nonpartisan judicial election” and noted his acknowledgement of both Democrat and Republican affiliations.
“That Judge Kollra's conduct went to both sides of the political aisle does not make the conduct any less violative of Canon 7,” the court wrote. “As the JQC properly observed, the purpose of the applicable canons is to 'protect the integrity of non-partisan judicial elections.'”
Citing the recommendations of the JQC and Kollra's concession regarding the charges, the high court declined to issue a more severe punishment against the judge.
Read the Florida Supreme Court's order:
“Although we recognize Judge Kollra's cooperation and remorse and commend him on an otherwise unblemished four decades as a member of the Florida Bar, we also note that being 'a relatively new judge' and not having any prior experience with 'an election of any kind' does not lessen a judicial candidate's obligations to be familiar with and adhere to the Code of Judicial Conduct,” the court wrote. “Under the Code, it is incumbent upon judges and judicial candidates to refrain from prohibited political activity. Failures to do so require appropriate discipline. In this case, the appropriate discipline is a public reprimand.”
The JQC's general counsel, Alexander Williams, said the Florida Supreme Court's opinion “strongly emphasizes the fact that Canon 7 protects the integrity of judicial elections” by prohibiting partisanship in Florida's judicial elections.
“The Court also highlights the fact that being a new judge, or not having any prior experience with elections does not lessen a judicial candidate's obligations to adhere to the Code of Judicial Conduct,” he said.
Kollra, who was appointed by former Florida Gov. Rick Scott in February 2016, could not be reached for comment by deadline. His attorney, Richardson & Tynan partner Kevin Tynan, told the Daily Business Review the court's order was “a fair resolution of the issue.”
The date for Kollra's reprimand had not been set by press time.
The Court also highlights the fact that being a new judge, or not having any prior experience with elections does not lessen a judicial candidate's obligations to adhere to the Code of Judicial Conduct, and that it is “incumbent upon judges and judicial candidates to refrain from prohibited political activity.”
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