Friday, June 21, 2013

Prosecutor Suspended For Ex Parte Communications With Judge In Death Penalty Case

A prosecutor who engaged in extensive ex parte contacts with the judge presiding over a death penalty trial has been suspended or two years by the Florida Supreme Court.

The prosecutor's office agreed to a new trial of the criminal case as a result.

The prosecutor and the (now former) judge had more than 900 cell phone conversations and 400 text messages over a five-month period. While the communications were of a personal nature, they took place while the judge was deciding motions and sentence and were not disclosed to defense counsel.

The court rejected as insufficient the one-year suspension proposed by a referee.

The Sun-Sentinel opines that this decision does "not bode well" for the judge, who also is subject to a proposed suspension of one year.

Additional information about the charges against the prosecutor and the judge from the Sun-Sentinel is linked here. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/06/prosecutor-suspended-for-ex-parte-communications-with-judge-in-death-penalty-case.html

Bar Discipline & Process | Permalink

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