Mule Of Judicial Discipline

A judge's grant of a motion to recuse violated ethics rules by his comments passing on the truth of the allegations and should lead to a public reprimand as recommended by the Florida Judicial Qualification Commission.

In the words of the song, it happened once before

There is an old expression that states, ‘there is no education in the second kick of a mule.' In this case, the Commission believes that the Respondent has demonstrated an unwillingness or inability to comply with the clear directives of Rule 2.330, in spite of previously being cautioned about the same issue. Such studied indifference to following the law is anathema to the integrity of the judiciary and a violation of the Code of Judicial Conduct. It is the Commission’s hope that the discipline imposed in this case will remind Judge Milian, and indeed all judges, of the imperative to preserve the integrity of the judiciary by complying with the law and applicable Rules. A judge ought not poison the well by casting aspersions, planting doubts, or posing questions about the veracity of an allegation or truthfulness of a litigant or their attorney expressly where the applicable rule prohibits it. To the extent that there are such questions about an attorney, the concerned judge has a remedy in referring the attorney to a professionalism committee or making a referral to The Florida Bar.”

Judge Milian was candid in his appearance before the Investigative Panel and he has forthrightly acknowledged and admitted that his conduct should not have occurred.

CBS News Miami had the story. (Mike Frisch)