Friday, October 4, 2024

Over The White Noise

An Investigative Panel of the Florida Judicial Qualifications Commision has filed charges against a judge

While presiding over cases, trials, hearings, and other proceedings, you have behaved intemperately, including shouting at people appearing before you, and otherwise lacking the patience, dignity, and courtesy required by the Code of Judicial Conduct. It is also alleged that your conduct in certain instances evinced bias for or against parties or attorneys appearing before you. Examples of this misconduct include:

a. While presiding over the case of Randy Casey v. Hernando Lancheros, et al. (2017-CA-0586), among other instances of inappropriate comments and behavior, you shouted at Plaintiff's attorney, and later accused him of “provoking” your “angry face” Some of these inappropriate exchanges occurred in the presence of the jury. Although the white-noise device may have prevented those in the courtroom from hearing exactly what you said at sidebar conferences, observers were able to hear your raised voice and see that your facial expression and overall demeanor evinced a bias against one party or their attorney.

b. In the case of Alisha Oliver v. Holly Swarthout (Orange County Case No. 2021-CA-2065), you behaved intemperately towards people appearing before you. It is also alleged that your raised voice could be heard again over the white-noise machine, and that your facial expression and overall demeanor evinced a bias against one party or their attorney

c. While presiding over the matter of Megan Regan v. Hernando Lancheros, et al.(Orange County Case No. 2017-CA-8661) you behaved intemperately towards people appearing before you. You also threatened the plaintiff’s attorney with direct criminal contempt.

d. While presiding over the case of Jain v. Baker (Orange County Case No. 2016-CA-7260) in September 2023 you consistently and repeatedly treated the Plaintiff's attorney in a manner that was not patient, dignified or courteous.

A motion to disqualify

In the matter of Holt v. Nelson, Case No. 6D24-966 (2020-CA-005088-O 9" Circuit) a party filed a Motion to Disqualify you, alleging bias against the party’s law firm, “signaling” by you to the opposing party, and intemperate behavior.

Alleged

the appellate court reversed your ruling on the Motion to Disqualify, stating that it was not moot, but furthermore stated that your commentary passing on the facts alleged mandated disqualification. Passing on the facts alleged in a Motion to Disqualify is prohibited by Fla. Rule of Gen. Prac. & Jud. Admin 2.330(h)

Prior caution

In JQC Case No. 2019-648 the Commission cautioned you against allowing yourself to be provoked into intemperate behavior by what you perceive as unprofessional conduct by attorneys or parties. In that case you were recorded shouting down an attorney who appeared before you in the matter of Willey v. Stillman, (2010-DR-8250). This matter is hereby reopened and realleged as part of a pattern of misconduct.

Click Orlando.com reported on the charges and noted

Ashton was first elected as a circuit judge in 2018. He was assigned to the domestic violence division, then the civil court division from 2021 until April of this year, when he transferred back to the domestic violence division.

Before that, Ashton was a state attorney and the prosecutor who handled the Casey Anthony trial.

Ashton is currently running for reelection in a runoff race against challenger Alicia Peyton in November.

ABC News noted in August 2015

Florida state attorney Jeff Ashton, known for his role as a prosecutor in the Casey Anthony trial, admitted today to "indulging a curiosity" by joining the Ashley Madison cheating website.

Ashton, who is married, apologized to his family and the public at a press conference this afternoon.

"Two years ago, I was curious about the Ashley Madison website and I used my personal credit card to sign up for the site," he said.

Ashton said his involvement with Ashley Madison, a website for married people seeking affairs, was limited to online. He said he indulged a curiosity by joining the site, but claimed he never met anyone in person and no laws were broken.

Ashton said he was "so curious how this could exist."

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/10/an-investigative-panel-of-the-florida-judicial-qualifications-commision-has-filed-charges-against-a-judge-while-presiding-ov.html

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