Circuit Judge Challenges Panel Member in Wrongdoing Case
Hillsborough County Circuit Judge Nancy Jacobs filed a motion to disqualify Abigail MacIver from a Florida Judicial Qualifications Commission hearing panel, in part because MacIver is married to Fifth District Court of Appeal Judge John MacIver.
December 20, 2023 at 02:20 PM
5 minute read
NewsFor the second time, a Hillsborough County circuit judge trying to fend off allegations of campaign wrongdoing has called for the disqualification of a member of a panel that will consider her case.
Circuit Judge Nancy Jacobs on Monday filed a motion to disqualify Abigail MacIver from a Florida Judicial Qualifications Commission hearing panel, in part because MacIver is married to 5th District Court of Appeal Judge John MacIver.
Jacobs faces allegations because of remarks about her 2022 election opponent, then-Hillsborough County Circuit Judge Jared Smith. After Smith was defeated by Jacobs, he was appointed by Gov. Ron DeSantis to the 6th District Court of Appeal.
"The 'seat' (on the hearing panel) occupied by Ms. MacIver is intended to be filled by a 'public member.' In this case, Ms. MacIver is not a public member or lay person, rather she is married to a current judge of the Fifth District Court of Appeal, John MacIver, and presumably receives a significant portion of her family income as a result of her husband's service as a judge," the motion to disqualify Abigail MacIver said. "It is possible that the (Judicial Qualifications) Commission was unaware of Judge MacIver's current position when Ms. MacIver was selected but, in any event, it is not appropriate to have the spouse of a sitting district court judge functioning as a lay member."
Late Tuesday afternoon, Jacksonville attorney Hank Coxe, special counsel for the Judicial Qualifications Commission, made a filing that said he does not believe the allegations in Jacobs' motion are "sufficient to warrant disqualification."
But Coxe raised a new issue, saying his law firm, in an unrelated matter, represented a company in which Abigail MacIver has an ownership interest. "As a result, in an abundance of caution, special counsel believes it would be appropriate to seat a different alternate," Coxe wrote.
Jacobs' motion to disqualify MacIver came after the circuit judge in October filed a similar motion to disqualify Jonathan Bronitsky from the hearing panel. That motion alleged Bronitsky, the founder of a public-relations firm who served as a chief speech writer for former U.S. Attorney General William Barr, had a "conservative bias."
Bronitsky withdrew from the Jacobs case on Oct. 24, while saying in a filing that "it is not in the best interest of this proceeding for me to comment upon Judge Jacobs's sworn motion." Abigail MacIver was named to the hearing panel on Dec. 4 after member Michelle Montanaro recused herself. A notice about Montanaro's recusal did not explain the reasons.
The Judicial Qualifications Commission investigates allegations of misconduct by judges and makes recommendations to the Florida Supreme Court, which has ultimate disciplinary authority.
An investigative panel of the commission in September filed what is known as a "notice of formal charges" against Jacobs. A hearing panel will consider the charges and make recommendations to the Supreme Court. The hearing panel is scheduled to start a hearing March 24, according to a document posted on the Supreme Court website.
The notice of formal charges detailed a series of allegations against Jacobs, including that her campaign social-media sites included inappropriate statements about Smith's positions on abortion issues and that she made disparaging remarks such as saying Smith couldn't be fair and impartial because of his religious beliefs.
Also, the notice said Jacobs inappropriately touted her support from a Planned Parenthood PAC and that her campaign inappropriately advertised an endorsement from the group Indivisible Action Tampa Bay. The notice described Indivisible Action Tampa Bay as an "expressly partisan organization."
In a Nov. 3 response to the notice, Jacobs' lawyers wrote that the 2022 campaign was "unlike other judicial races," as it came after the U.S. Supreme Court overturned the Roe v. Wade abortion-rights decision and as Smith drew attention for ruling against a teen seeking a waiver from a requirement that parents give consent before minors can have abortions.
Jacobs' lawyers wrote that the attention defined the judicial race as "one about reproductive rights with a focus on Judge Jared Smith's prior ruling." The lawyers also wrote that Smith made and supported "statements he may not have otherwise made and many of Judge Jacobs' comments at issue here were made in response to these."
"It appears that no formal charges will be brought against Judge Smith," the response said. "However, the context in which the alleged actions took place is relevant in considering Judge Jacobs' actions and her ability to continue to serve as a judge. Judge Jacobs regrets that the 2022 race took the path it did, but hopes this panel will recognize that it was not her actions alone, but a culmination of many factors, that made it a more difficult race than other judicial elections."
Jim Saunders reports for the News Service of Florida.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLatest Boutique Combination in Florida Continues Am Law 200 Merger Activity
3 minute readMiami-Dade Litigation Over $1.7 Million Brazilian Sugar Deal Faces Turning Point
3 minute readMeta agrees to pay $25 million to settle lawsuit from Trump after Jan. 6 suspension
4 minute readTrending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250