A statewide group of defense attorneys is raising concerns about a proposed agreement that would lead to a 30-day suspension and a public reprimand for a Liberty County judge who held an improper discussion with a prosecutor after a court hearing.
The Florida Association of Criminal Defense Lawyers late Tuesday sought permission from the state Supreme Court to file a brief about its “disapproval” of the agreement reached by Judge Kenneth Hosford and an investigative panel of the Florida Judicial Qualifications Commission.
The case stems from a June 15 discussion between Hosford and an assistant state attorney after a hearing held on Zoom.
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The investigative panel, in a filing last month at the Supreme Court, said Hosford addressed “concerns over the prosecutor’s decision to decline to file charges in a theft case where Judge Hosford had, just the day before, personally approved an arrest warrant for the accused.
During the Zoom meeting, while addressing his displeasure with the way the prosecutor had declined to prosecute the case, Judge Hosford also admits to having provided investigative advice to the detective investigating the crime, including suggesting to the detective that he might get a search warrant to obtain more evidence of the crime.”
The investigation led to a proposed agreement, known as a stipulation, that would lead to Hosford receiving a 30-day suspension without pay and a reprimand and recusing himself from criminal matters for three months, according to documents filed at the Supreme Court.
But in Tuesday’s filing, the defense lawyers association indicated it wants to weigh in on the discipline, while also saying Hosford had made critical comments about immigrants.
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“FACDL (the association) is concerned that the factually undisputed comments by Judge Hosford evince a clear bias in favor of law enforcement and against criminal defendants, particularly immigrant criminal defendants, which the proposed penalties will not ameliorate,” the filing said. “Judge Hosford self-describes being a sort of political ‘boss’ of Liberty County when it comes to law enforcement, who has ex parte conversations (outside the presence of defense attorneys) about pending cases not just with prosecutors but with sheriff’s deputies, the elected sheriff, and the local newspaper publisher.”
The Supreme Court has ultimate disciplinary authority over judges.
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