In Re Schapiro

845 So.2d 170 (2003)

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Nature of the Case

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Facts

In violation of Canon 1, Canon 2A, and Canon 3B(4), in approximately 1996, D chastised an attorney, Joseph Dawson, for allegedly speaking in the courtroom by stating, 'Why do I always have to treat you like a schoolchild?' When Mr. Dawson responded that you routinely treat everyone in your courtroom like a schoolchild, you ordered him out of the courtroom. In violation of Canon 1, Canon 2A, and Canon 3B(4), D ordered Denise Neuner, an assistant state attorney, to appear and try a criminal case although Ms. Neuner had previously contacted your chambers to explain she had a severe medical condition and had been ordered by her physician to bed rest because of the possibility she might have pneumonia. In violation of Canon 1, Canon 2A, and Canon 3B(4), D attempted to force Greg Rossman, an assistant state attorney, to try a case that was assigned to another assistant state attorney. Rossman responded D proceeded to scream and tell him that the case in question was a 'nothing case,' which he should be prepared to try with no advance preparation. D admonished Rossman: All right, you want to waste my time, there will come a time I warn you when I'm going to be tied up in something and you will have a speedy pending and my time will not be available. In violation of Canon 1, Canon 2A, and Canon 3B(4), D routinely berated and unnecessarily embarrassed attorneys for allegedly talking in your courtroom when those attorneys were either not talking at all or speaking in appropriately low tones of voice concerning legitimate business of the court (e.g. state attorneys and defense counsel conferring with one another concerning plea negotiations); there were numerous examples given. In violation of Canon 1, Canon 2A, and Canon 3B(4), as a criminal defense attorney was making an argument in a sexual battery case, you cut him off and said, 'Do you know what I think of your argument?' at which time you pushed a button on a device that simulated the sound of a commode flushing. In violation of Canon 1, Canon 2A, and Canon 3B(4), in a case involving a defendant driving with a suspended driver's license approximately Louis Pironti, an assistant public defender at the time, advised you during a sidebar conference that he might need a continuance in order to secure an expert witness. Instead of simply denying the motion, you became agitated and responded by saying to Mr. Pironti, 'You're going to try this mother fucking case.' You then returned to the bench and threw the docket down on a desk. In violation of Canon 1, Canon 2A, Canon 3B(4), and Canon 3B(5), as Shari Tate, a female assistant state attorney, was arguing a motion to revoke bond, you summoned Ms. Tate to the backroom behind your bench and told her that she needed to emulate the style of male attorneys when addressing the court because male attorneys did not get as emotional about their cases as the female attorneys did. As a result of this experience, Ms. Tate advised you that she would never go to the backroom with you again without a court reporter being present. In violation of Canon 1, Canon 2A, and Canon 3B(4), in another incident involving Ms. Tate when she was eight months pregnant, she was hospitalized because of pregnancy complications on the third day of a trial over which you presided. As a result of her hospitalization, Ms. Tate requested a continuance of the trial. D denied the continuance and further advised Ms. Tate that she should get another prosecutor from her office to complete the trial. When Ms. Tate advised your chambers that 'substituting' counsel was not feasible in that no other assistant state attorney was familiar enough with the case to step in her place, you, or your chambers, advised Ms. Tate that if she were not in court the following morning, you would dismiss the case. As a result, Ms. Tate left the hospital against her doctor's orders in order to complete the trial before you. In violation of Canon 1, Canon 2A, and Canon 3B(4), in 1999, you presided over a bond hearing where a motorcyclist had killed a child and left the scene. The child's mother and a neighbor came to the bond hearing, which was approximately two days after the incident and before the child was buried. After you made a preliminary determination that the defendant was entitled to bond, the assistant state attorney advised you that the mother of the victim was present and wanted to address the court. You responded by saying, 'What do I need to hear from the mother of a [deceased] kid for? All she will tell me is to keep the guy in custody and never let him out' or words to that effect. The victim's mother heard your sarcastic remarks and was then afraid to address the court. In violation of Canon 1, Canon 2A, and Canon 3B(4), you have fallen into a general pattern of rude and intemperate behavior by needlessly interjecting yourself into counsel's examinations of witnesses; embarrassing and belittling counsel in court; and questioning the competence of counsel by making remarks such as, 'What, are you stupid?' P found the following regarding discipline: (1) Public Reprimand to be delivered personally to [Judge Schapiro] before the Supreme Court of Florida; (2) [Judge Schapiro's] participation in psychological/behavioral therapy with an emphasis on sensitivity training by a qualified health care professional until such professional has certified, in writing, that such treatment is no longer necessary; and(3) Public apology to the citizens of Broward County in the form attached hereto