Decide J. Layne Smith of Florida’s Second Judicial Circuit has apologized and recused himself from an property battle after telling attorneys within the case that he “wish to inform the deputy to drag his gun and shoot all three of you.” (Photograph from Florida’s Second Judicial Circuit)
A decide in Wakulla County, Florida, has apologized and recused himself from an property battle after telling attorneys within the case that he “wish to inform the deputy to drag his gun and shoot all three of you.”
Decide J. Layne Smith of Florida’s Second Judicial Circuit informed the Tallahassee Democrat that he made “an impulsive remark from the bench that was unprofessional and out of character.” Smith mentioned he “didn’t actually imply the remark and instantly mentioned so.”
Smith informed the Tallahassee Democrat that he apologizes to the general public and the attorneys and has self-reported his conduct to judicial self-discipline officers, in line with the Tallahassee Democrat (here and here) and Law360.
In line with a transcript, Smith mentioned: “I wish to inform the deputy to drag his gun and shoot all three of you, so far as my stage of frustration. I actually don’t need him to try this. However, guys, for crying out loud, what is that this, the Keystone Cops, simply not very humorous?”
After the comment, the court docket reporter “motioned to point she was within the potential line of fireplace and gave the impression to be indicating she desired to not be shot,” in line with a recusal motion filed Oct. 1 by attorneys David A. Kemp and Stephen G. Webster.
Kemp’s and Webster’s movement mentioned Smith made “demeaning and insulting remarks to counsel” all through the Sept. 23 listening to. Their movement mentioned Smith “didn’t evaluate or genuinely think about” a movement for sanctions filed by Kemp and Webster in opposition to the lawyer for the opposing get together.
The opposing get together didn’t present up on the show-cause listening to, and Smith “grew to become visibly annoyed and blamed counsel,” significantly Kemp and Webster, the movement mentioned. The decide was improper, nevertheless, as a result of the sheriff’s workplace was speculated to serve the order, the movement mentioned.
Kemp informed Law360 in a press release that the decide ought to have recused from all circumstances that he and Webster had earlier than the decide, not simply the circumstances involving the property battle.
“Given the decide’s apparent bias and animosity in the direction of me, it will be unfair to my shoppers to seem on their behalf in entrance of Decide Smith, and in consequence, I’m now compelled to show away potential shoppers in my dwelling county the place I’ve practiced for nearly 20 years,” Kemp informed the publication.
The opposing lawyer, Danny Phillips, informed the Tallahassee Democrat that he laughed when Smith commented about capturing the attorneys.
“The assertion itself, in the event you take a look at it in isolation, one … may not must say that,” Phillips informed the publication. “However once you take it in context, on this case, is the decide actually going to have the deputy stroll outdoors and put down three attorneys? He was actually simply expressing his dissatisfaction.”
Decide recuses himself after ‘impulsive remark from the bench’ about capturing attorneys
Ethics
Decide recuses himself after ‘impulsive remark from the bench’ about capturing attorneys
By Debra Cassens Weiss
Decide J. Layne Smith of Florida’s Second Judicial Circuit has apologized and recused himself from an property battle after telling attorneys within the case that he “wish to inform the deputy to drag his gun and shoot all three of you.” (Photograph from Florida’s Second Judicial Circuit)
A decide in Wakulla County, Florida, has apologized and recused himself from an property battle after telling attorneys within the case that he “wish to inform the deputy to drag his gun and shoot all three of you.”
Decide J. Layne Smith of Florida’s Second Judicial Circuit informed the Tallahassee Democrat that he made “an impulsive remark from the bench that was unprofessional and out of character.” Smith mentioned he “didn’t actually imply the remark and instantly mentioned so.”
Smith informed the Tallahassee Democrat that he apologizes to the general public and the attorneys and has self-reported his conduct to judicial self-discipline officers, in line with the Tallahassee Democrat (here and here) and Law360.
In line with a transcript, Smith mentioned: “I wish to inform the deputy to drag his gun and shoot all three of you, so far as my stage of frustration. I actually don’t need him to try this. However, guys, for crying out loud, what is that this, the Keystone Cops, simply not very humorous?”
After the comment, the court docket reporter “motioned to point she was within the potential line of fireplace and gave the impression to be indicating she desired to not be shot,” in line with a recusal motion filed Oct. 1 by attorneys David A. Kemp and Stephen G. Webster.
Kemp’s and Webster’s movement mentioned Smith made “demeaning and insulting remarks to counsel” all through the Sept. 23 listening to. Their movement mentioned Smith “didn’t evaluate or genuinely think about” a movement for sanctions filed by Kemp and Webster in opposition to the lawyer for the opposing get together.
The opposing get together didn’t present up on the show-cause listening to, and Smith “grew to become visibly annoyed and blamed counsel,” significantly Kemp and Webster, the movement mentioned. The decide was improper, nevertheless, as a result of the sheriff’s workplace was speculated to serve the order, the movement mentioned.
Kemp informed Law360 in a press release that the decide ought to have recused from all circumstances that he and Webster had earlier than the decide, not simply the circumstances involving the property battle.
“Given the decide’s apparent bias and animosity in the direction of me, it will be unfair to my shoppers to seem on their behalf in entrance of Decide Smith, and in consequence, I’m now compelled to show away potential shoppers in my dwelling county the place I’ve practiced for nearly 20 years,” Kemp informed the publication.
The opposing lawyer, Danny Phillips, informed the Tallahassee Democrat that he laughed when Smith commented about capturing the attorneys.
“The assertion itself, in the event you take a look at it in isolation, one … may not must say that,” Phillips informed the publication. “However once you take it in context, on this case, is the decide actually going to have the deputy stroll outdoors and put down three attorneys? He was actually simply expressing his dissatisfaction.”
Write a letter to the editor, share a story tip or update, or report an error.