Ex-Tampa Judge Jared Smith resists testifying in case of former opponent

TAMPA — Judge Jared Smith, who in 2022 lost a bitter campaign to keep his seat on the Hillsborough circuit bench, wants to avoid testifying in the discipline case against Nancy Jacobs, who defeated him.

Jacobs is accused of violating rules governing judicial campaigns during her race against Smith. In a court paper filed this week, Smith’s attorney argues that his testimony at a forthcoming deposition in the case is “irrelevant, unduly burdensome and harassing, and improper.”

“Indeed, Judge Jacobs is on trial for her conduct — not Judge Smith,” the document states. “And Judge Smith should not be forced to prepare for and attend a deposition, taking him away from his important public duties, that can elicit no relevant, admissible evidence but rather amounts to nothing more than harassment, annoyance, embarrassment, and undue burden.”

Smith’s request is the latest turn in the unusual and seemingly interminable campaign-related dispute, over which allegations of antisemitism and questions about abortion and judicial ethics have loomed.

Smith joined the Hillsborough County bench in 2017, ascending to the circuit level two years later.

He experienced a deluge of public criticism for a ruling in which he denied a 17-year-old girl permission to obtain an abortion without her parent’s consent. The case became public knowledge in January 2022 when an appeals court overturned the ruling, finding that Smith abused his judicial discretion.

He drew an election challenge from Jacobs, a longtime Tampa attorney.

Abortion became a major issue in the race, which was unusual given the nonpartisan nature of judicial campaigns and rules that restrict judges and judicial candidates from political speech.

Jacobs collected endorsements from groups like Planned Parenthood. Her supporters criticized Smith over the abortion ruling.

Ads surfaced accusing Jacobs of harboring a “woke ... liberal agenda.”

A flashpoint came when a video circulated showing Smith standing next to his wife while she spoke at a church in Lutz. She told the group that Jacobs, who is Jewish, “needs Jesus” and that “her heart is very hard toward God.” In another portion of the video, which was later referenced in a court paper filed by Jacobs, she suggested that Jacobs was controlled by Satan.

Then came allegations of antisemitism.

Smith lost the August 2022 election to Jacobs by a vote of 52% to 48%. A few months later, though, Gov. Ron DeSantis appointed him to a seat on the newly created 6th District Court of Appeal, based in Lakeland.

Jacobs, meanwhile, was accused of violating judicial canons.

In September, the Judicial Qualifications Commission filed charges against her with the Florida Supreme Court. They cited statements and social media posts she and her supporters made during the campaign. Some attacked Smith personally, questioned his fairness or struck partisan tones.

The commission also took issue with her behavior on and off the bench. They alleged she tried to solicit a lawyer to run against a fellow judge with whom she did not have a good relationship. They also referenced comments she made from the bench about an attorney who appeared before her, which referred to him as a “fat, balding lawyer.”

Jacobs has acknowledged some mistakes, but continues to defend herself against many of the allegations.

In a court paper filed in December, her attorney argued that it was reasonable for her to respond to some of the personal attacks that came amid her campaign against Smith.

One of the attorneys representing Smith is C. Alan Lawson, a former justice of the Florida Supreme Court. Lawson was appointed to the high court in 2016 by former Gov. Rick Scott and served until his retirement in August 2022.

Smith’s attorneys asked that his subpoena to testify be rejected. While arguing that his testimony is irrelevant, their written request discusses the video in which Smith’s wife spoke to the church group.

Most of the allegations against Jacobs involve things that occurred before the video surfaced, the court record states. Since the comments were recorded, the hearing panel can listen to them and judge for themselves whether they were inappropriate. Smith’s attorneys stated that they believe the panel will conclude the statements were not antisemitic.

“Judge Smith’s wife does not mention Israel or Judaism or make any statements about Judge Jacobs’s religious or cultural heritage,” the document states.

Jacobs’ attorney, Ryan Barack, has not yet filed a response.

Smith is included in a list of witnesses Barack filed this week, who may be called to testify. The list also includes Hillsborough Chief Judge Christopher Sabella and judges Nick Nazaretian and Emily Peacock, along with several local lawyers, Smith’s wife and Jacobs herself. It unclear what testimony the witnesses may offer.

A panel of six — two lawyers, two judges and two laypersons — is set to hear the case March 27.