Official's correspondence explains judge's ordeal
The public defender asks clients whether they are concerned about being tried before Judge Downey.
By CHRIS TISCH
Published June 2, 2005
LARGO - The Pinellas-Pasco Public Defender's Office has sent letters to about 600 clients advising them of recent reports that Circuit Judge Brandt Downey has been accused of sexual harassment and accessing pornography with his office computer.
The public defender's office sent the letters to all the office's clients whose cases are pending in Downey's division. It includes a copy of a May 12 St. Petersburg Times editorial in which Circuit Judge Dee Anna Farnell confirmed Downey has been accused of sexual harassment and accessing pornography.
"If you feel their allegations cause you concern as to whether you could receive a fair trial or hearing in front of Judge Downey, you need to contact me immediately so we can discuss this further," states the form letter, which is signed by each client's attorney.
About 100 clients called the office to ask more questions about the letter, said Senior Assistant Public Defender Nora T. McClure, who supervises the office's lawyers in Downey's division.
Only one of those clients wanted to begin efforts to recuse Downey from his case. But that man never showed up at the office to sign paperwork to begin the process, McClure said.
The letters were sent between May 16-18. Because the law states a defendant must seek a recusal within 10 days of learning of a potential conflict with a judge, it's unlikely any clients will seek Downey's removal from their case.
Still, Public Defender Bob Dillinger said he wanted to send the letter because he believes clients should know all there is to know about a judge who ultimately may decide their fate.
"My real concern is if something more significant happens down the road like removal (from the bench) . . . the clients would come back alleging we were ineffective for not letting them know what was out there," Dillinger said. "And the issue would be they would not have a fair and impartial judge on their case because he's concerned about other issues."
Downey suddenly left his criminal bench April 26 just as a trial was about to begin. He was summoned into a meeting with Farnell, the administrative criminal judge, and David Demers, the circuit's chief judge. Downey then left the courthouse and Farnell took over his trial.
When initially asked why Downey so suddenly left the bench, Demers said it was because of "some significant family and personal problems." Neither he nor Farnell would elaborate.
Downey returned to the bench two weeks later. That week, Farnell confirmed to a Times editorial writer that accusations of sexual harassment and pornography access against Downey were brought up at the meeting of the judges on April 26.
Demers responded by saying he was "ethically precluded" from speaking about the issue. Through a spokesman, he also declined Wednesday to discuss the situation.
Reached at his office Wednesday afternoon, Downey said he could not comment on his April leave. He said he could not say why he couldn't talk about the issue.
The Judicial Qualifications Commission will not confirm whether they are investigating any allegations against Downey because complaints are not public record unless charges are filed.
But Dillinger said he believes Demers should move Downey off the criminal bench and into another division.
"I think they could put him in another division that is not as busy as a criminal division and doesn't have the long-term potential for ramifications if something does happen down the road," Dillinger said.
He also wishes the public, and his clients, knew more about the allegations involving Downey.
"I think it is very bad for the system for people not to know what is going on and particularly on a criminal bench that is as busy as this bench," he said.
McClure, the senior public defender in Downey's division, said she has noticed no change in Downey since his return to the bench.
"He's been fair to everyone," she said. "He has not, to my knowledge, changed his demeanor and behavior. I hope all the allegations are untrue. But even if they're not, it has not impacted any client in the division to my knowledge."
Chris Tisch can be reached at 727 892-2359 or tisch@sptimes.com