Judicial panel suggests 30-day suspension, reprimand for Polk County Judge John Flynn
Judge John Flynn, who prevailed last year in a five-way election for county judge, faces a potential 30-day suspension and public reprimand for his tactics in that campaign.
An investigative panel of the state Judicial Qualifications Commission found evidence that Flynn violated five canons of The Florida Supreme Court’s Code of Judicial Conduct during the campaign. The panel determined that in multiple cases Flynn made inappropriate statements suggesting a bias toward law-enforcement agencies or against people accused of crimes.
Flynn acknowledged the violations and signed an agreement that would bring a 30-day suspension without pay, as well as the public reprimand.
Flynn, who had operated a Bartow law firm, received the most votes in August 2022 in a five-person election for Group 8 County Judge in the 10th Judicial Circuit. He then defeated Ruth Moracen Knight in a runoff election last November.
Flynn is assigned to small claims cases with the county court, based in Bartow.
The investigative panel of the Judicial Qualifications Commission filed a notice of formal charges and other documents Tuesday with the Florida Supreme Court summarizing the allegations against Flynn and the results of its probe. The commission does not reveal who filed the complaint that led to the investigation.
The two formal charges involve statements Flynn or his campaign made through advertisements and social media posts showing a bias in favor of law-enforcement and an appearance he made on Aug. 16, 2022, at a meeting of the Patriot Club of Lakeland, a conservative political group.
The panel found that probable cause existed for formal proceedings on the two charges. Flynn's assistant referred The Ledger to the office of Chief Judge James A. Yancey, who said he could not comment until the Supreme Court acts on the recommendation.
On the first charge, the panel cited several examples of Flynn’s supposed bias. In campaign advertising, he emphasized his background as an assistant state attorney and his support for law enforcement. Flynn also touted his endorsements from Polk County Sheriff Grady Judd and the West Central Florida Police Benevolent Association, and in a campaign advertisement he said, “Those you trust, trust Flynn.”
Flynn’s campaign used the phrase “#supportlawenforcement” on social media, the panel reported. The panel included examples of Flynn’s social media statements, such as, “If you are a criminal you don’t want me on the bench” and “Criminals won’t be happy to see me on the bench …”
Flynn also wrote in a social media comment (in unedited form): “I'm not afraid of hurting peoples feelings if I was this would be the wrong job, I will sentence based on history because that's an indication of future behavior and if they have a history at Grady's hotel (aka the jail) is open 24*7 365 days a year.”
In a 10-page report and recommendation, the panel questioned whether the statements indicated Flynn would be biased against defendants with criminal records.
“Statements such as these are clearly inconsistent with the impartiality, integrity and independence of the judiciary,” the panel wrote. “There are a few campaign tactics more corrosive to the integrity and impartiality of the judicial system than a candidate broadcasting his or her support for one party or another. There's little discernible difference between statements of support such as these, and a judicial candidate openly advertising that he or she ‘Supports Personal Injury Lawyers’ or ‘Supports Insurance Defense.’ Indeed, the only difference might be that the stakes are greatly increased in criminal cases where a person's liberty is at stake.”
Under the heading “Collateral impacts,” the panel wrote that Flynn’s campaign statements had forced the chief judge and judicial administration of the 10th Judicial Circuit to adjust the normal rotation of judges in order to avoid assigning Flynn a criminal docket.
The investigators also found that Flynn violated judicial ethics in relation to his presence at the meeting of the Patriot Club of Lakeland to promote his candidacy in the nonpartisan race. Other candidates were not invited to the meeting of the conservative group. That alone was a departure from a judicial canon, the panel wrote.
After the meeting, Flynn advertised that the Patriot Club had endorsed his candidacy. During questioning at a hearing in September, Flynn said he did not consider the Patriot Club to be a partisan political group. The panel wrote that Flynn “made no effort to vet the organization to ascertain its history or purpose, or to search for a website, media presence, or any written statement of purpose in any of the organization’s literature.”
At the September hearing, Flynn acknowledged that it had been a mistake for him to attend the meeting and promote the group’s endorsement in his campaign.
Florida statutes forbid judicial candidates from participating in any partisan political activities, other than registering with a party and voting in primary elections. Candidates may not campaign as party members, publicly identify themselves with a party, endorse other candidates, make political speeches for any other candidate or party or contribute to or receive contributions from a political party.
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The Republican Party of Polk County endorsed Flynn in the election and posted a graphic on its website that resembled a political ad for the candidate. One of Flynn’s opponents, Tara Wheat, alleged during the campaign that Flynn had engaged in partisan behavior.
Flynn said at the time that he was not aware of the illustration and had not accepted or campaigned on the party’s endorsement.
The panel wrote that Flynn had served on a Grievance Committee with The Florida Bar “which the commission believes puts the respondent into the ‘should have known better’ category.” The recommendation cited other examples of judicial candidates exhibiting bias toward law enforcement and called Flynn’s behavior “perhaps a more tepid version of this corrosive campaign tactic.”
Under the header “Mitigation,” the panel noted that Flynn immediately accepted responsibility for his conduct and cooperated with the panel.
“He expressed regret that his actions have tarnished the judiciary and created the appearance of bias,” the panel wrote.
Flynn and the panel agreed to waive further hearings if the Supreme Court accepts the stipulation letter. The Supreme Court issued a letter Tuesday acknowledging the case against Flynn.
Nick Sudzina, Court Administrator for the 10th Judicial Circuit, said that if Flynn is suspended his docket will be diverted to other judges until he returns to the bench. Sudzina said he did not recall another judge in the circuit being suspended in recent years.
Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on X @garywhite13.
This article originally appeared on The Ledger: Panel suggests 30-day suspension, reprimand for Polk County judge
