The Miami-Dade County Courthouse is at 73 West Flagler Street in Miami, Florida. Photo: Raychel Lean/ALM.

Miami-Dade Circuit Judge David C. Miller's reaction to a noisy group of guests in the courthouse could land him a public reprimand.

His discipline case revolves around Miami-Dade Circuit Judge William Altfield's Jan. 17 investiture, after which the Judicial Qualifications Commission claimed Miller inappropriately confronted guests who had gathered in the courthouse lobby.

Their chatting interrupted a tobacco trial Miller was presiding over, according to a report JQC Chair Krista Marx issued late Friday. The report said lawyers, judges and other witnesses saw Miller "yelling and waving his arms at the people in the lobby while trying to get them be quiet."

Miller allegedly confronted a guest who shook her head at him, remarking, "Do not shake your head at me," then threatening to hold her in contempt and demanding to know who she was. That guest is an assistant general counsel to the Miami-Dade Circuit, according to Marx's report, which said the incident lasted about two minutes.

Marx's report said that, before leaving his courtroom, Miller first sent his bailiff to address the problem, following complaints from plaintiffs and defense lawyers who said they were "yelling" at witnesses. When that didn't work, the judge reportedly sent the court clerk and the bailiff to the lobby—but to no avail.

That's when Miller took matters into his own hands, according to the report, which relied on courtroom video footage and said the noise he created ironically interrupted another judge's tobacco trial. When the shouting and arm waving didn't work, Miller then reportedly went from group to group explaining that he was conducting a trial.

Marx wrote that Miller's conduct, "including his inappropriate threat of contempt, plainly fell below the high standard of conduct required by the canons and this court." The report said the episode resulted in three ethical violations governing the integrity and independence of the judiciary, promoting public confidence, and being patient and courteous.

Miller has admitted violating the canons and conceded his conduct was inappropriate, according to a stipulation he signed.

The judge represented himself in the discipline proceedings, according to online case files. Miller declined to comment.

As for the employee who shook her head, Miller claimed he'd taken that as an indication that she wouldn't comply but in hindsight conceded it could have been in disbelief.

"The commission is particularly disturbed by Judge Miller's repeated threat to hold one of the people in the lobby in contempt for shaking her head in disbelief over Judge Miller's behavior," Marx's report said. "Judge Miller had other options available for dealing with the disruption to his trial, such as taking a recess or calling court administration to ask for assistance. The method he ultimately chose to employ reflected poorly on himself, and the judiciary as a whole."

Marx recommended a reprimand for Miller, pointing to cases that ended with reprimands for similar behavior, including one for a judge who threatened a police officer with contempt when noise from their radio interrupted his lunch.

This is Miller's first discipline case in more than 20 years on the bench and 20 years as an attorney, according to the report, which also noted that he's agreed to avoid contact with the employee he threatened with contempt and to "avoid attending investitures where that individual might be present."

The Florida Supreme Court can choose to accept or reject the JQC's recommendation.

Read the report: 

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