A Florida circuit judge has been accused of making a series of jokes from the bench that have reflected poorly on the integrity of the judiciary and violated standards of judicial conduct.
The state's Judicial Qualifications Commission said in a Notice of Formal Charges filed on April 10 that Judge Gary M. Farmer Jr. of the 17th Judicial Circuit Court made comments that impugned public confidence in the state’s judiciary. The commission’s counsel has asked Farmer to provide a response to the changes and explain why he should not be suspended without pay.
“It is alleged that while presiding over felony criminal division FO, of the 17th Judicial Circuit Court, you routinely made comments, jokes or remarks that are wholly inappropriate, undignified or discourteous, or otherwise behaved in a manner that is degrading to the solemnity of the proceedings, fails to uphold the high standard of conduct expected of judges and fails to promote public confidence in the integrity and impartiality of the judiciary,” the notice filed by Alexander Williams, the commission’s general counsel, states.
In August of last year, Farmer told a litigant who was expecting the birth of three children by different women, “OK, you've been busy. You were just shooting all over the place! … I’m going to order that you wear a condom at all times. For your own good, OK?! Probation is going to check. No, I’m kidding. I’m kidding.”
In another felony case, according to the notice of charges, Farmer referenced a sketch from the television series “In Living Color” that lampooned gay people.
And in still another court proceeding, the judge asked an attorney, “Are you a fan of the Flintstones …? It’s one of the most popular shows in the world. They don’t like it in Dubai though. I don’t know, but the people of Abu Dhabi do.”
The complaint goes on to say, “After a moment of silence, the attorney replied ‘Don’t give up your day job.’”
In another remark deemed inappropriate, Farmer advised a defendant that she would need to obtain approval in order to travel. “... In Hawaii it is illegal to laugh loudly? You have to keep it to aloha. A-lo-ha. Ma’am, have a seat and think about that joke for a while.”
Neither Farmer nor his attorney responded to a request for comment, but in a motion filed Thursday with the state Supreme Court, which received the Notice of Formal Charges earlier this month, Farmer’s attorney asked for a 15-day extension to respond to the allegations.
“(The) undersigned has had and continues to have several other previously scheduled hearings, court appearances, meetings, engagements and holiday family plans that severely limit undersigned counsel’s ability to put forth the time and effort deserving of this matter to best represent (the) respondent (Farmer) and ensure that he receives the level of representation to which he is entitled,” the motion filed by attorney Michael Dutko Sr. states.
In the meantime, Farmer is currently avoiding any use of humor while dealing with his cases in his current assignment in the judicial circuit’s Foreclosure Division.
“... Since the initial inquiry was filed in October of last year, respondent advises that he has affirmatively refrained from the conduct (telling jokes in court) that are the primary basis of both inquiries,” Dutko’s motion states. “Moreover, respondent advises that he has been genuinely striving to exhibit the highest level of judicial demeanor and professional conduct.”
If the time-extension motion is granted, Farmer’s response would be filed by the first week of May.
The current timeline, which calls on Farmer to respond to the charges by next week, would limit the judge’s ability to put together a comprehensive defense, and his due-process rights would be curtailed, according to the motion.