Broward Judge in Hot Seat Over Alleged Mistreatment of Attorneys
Broward Circuit Judge Dennis Bailey. Photo: Melanie Bell/ALM.
The Florida Judicial Qualifications Commission on Thursday filed ethics charges against Broward Circuit Judge Dennis Daniel Bailey, alleging he violated five rules of judicial conduct by losing his temper with attorneys in a felony criminal trial in April.
According to the JQC's complaint, Bailey became frustrated with two defense attorneys while presiding over State v. Genesis Espejo, and inappropriately had one of them physically removed before the jury. The lawyers had attempted to argue the same objection during a sidebar conference, according to the complaint.
According to the JQC's investigative panel, audio from the hearing clarified that the attorneys weren't talking over one another or being disrespectful.
"When one of the attorneys tried to help his colleague articulate a point during the sidebar, Judge Bailey repeatedly attempted to quiet him by saying, 'One lawyer at a time,' 'Only one lawyer argues,' followed shortly thereafter by, 'You have a hard time understanding me? Two lawyers can't argue one argument,' " JQC Chair Krista Marx wrote in her findings.
Bailey allegedly then gave the defendant 45 minutes to file a motion to disqualify him — a motion he branded legally insufficient and denied, along with a motion for mistrial.
Read the JQC's charges against Judge Bailey: falcon-embed src="embed_1"
According to court records, Fort Lauderdale public defenders Gustavo Javier Martinez and James Allan Foretich represented the defendant. They did not immediately respond to request for comment.
It wasn't the first time the defense had attempted to remove Bailey from the case.
According to the JQC, Bailey had denied an earlier motion that claimed he should be disqualified for being condescending, sarcastic and intemperate with the defense attorneys, and for reprimanding one of them for whispering in their co-counsel's ear during a hearing.
Judicial robe. Photo: Andrey_Popov/Shutterstock.com.
Click here to read the JQC's findings
The jury ultimately rendered a not guilty verdict — an outcome that the JQC suggests could have stemmed from sympathy for the defense lawyers.
According to the panel's findings, Bailey argued that the verdict proved the jury was unaffected by the incident and claimed the defense's motions to disqualify were a trial tactic.
JQC attorney Alex Williams declined to comment, and Bailey's attorney, Michael Dutko of Dutko & Droll in Fort Lauderdale, did not immediately respond to a request for comment.
The JQC's investigative panel has alleged that Bailey's behavior violated five canons of the Florida Judicial Code of Conduct and warrants a public reprimand. In a stipulation filed on Thursday, Bailey agreed and accepted full responsibility.
Bailey was elected to the bench in 2014 and has never been disciplined.
The Florida Supreme Court will decide whether to accept the JQC's recommendations.
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