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Deal means no return for judge

The JQC stops investigating allegations against Pinellas-Pasco Judge Downey. He must retire in January, permanently.

By CHRIS TISCH
Published May 27, 2006

CLEARWATER - Embattled Pinellas-Pasco Circuit Judge Brandt Downey has agreed to never seek another judgeship as part of a deal with the agency that oversees the state's judges.

In exchange, the Judicial Qualifications Commission halted its investigation of Downey, which involved allegations of pornography, sexual harassment and questionable judicial decisions.

In documents made public by the commission Friday, Downey agreed to retire in January and to never seek a position as a senior judge. Downey, 61, also agreed to a public reprimand and to write a letter of apology.

The Florida Supreme Court must approve the agreement, though a decision is unlikely for months.

Downey announced months ago that he would retire in January when his term ends. He hoped to be eligible for a senior judge appointment, which is often sought by retired judges, but the JQC opposed that.

"That was important to the commission," JQC counsel E. Lanny Russell said.

Downey declined to comment, saying he wanted to wait until the Supreme Court makes a decision. He will remain in his civil court division seat until his retirement.

Pinellas-Pasco Public Defender Bob Dillinger, who has been critical of Downey since the allegations first arose, said the punishment wasn't severe enough.

"When you let these things slide like that ... it only encourages others to think they can get away with it," Dillinger said.

Dillinger noted that the Supreme Court on Thursday overruled the JQC's recommendation to reprimand and fine Pasco-Pinellas Circuit Judge John Renke for violating campaign rules. Instead, the court removed him from the bench.

"Here the Supreme Court overrules them yesterday rather severely, and they pull this at 4:30 on a Friday afternoon on a holiday" weekend, Dillinger said. "I just think they need to get some real prosecutors."

But Russell said the agency got what it wanted: Downey off the bench for good.

"We removed a judge who had a problem and he will never serve as a judge again," Russell said.

Russell also noted that the JQC could not have tried Downey before he retired anyway.

"You can't get these charges tried in six months and that's where we were heading," Russell said. "The only thing we could do after he retired ... was to get a public reprimand, and he's already agreed to that."

The JQC charged Downey in December with violating judicial canons. Downey trolled pornographic Web sites in his chambers, inappropriately pursued relationships with two female attorneys and made serious errors during a murder trial in which a juror fell asleep during testimony, the JQC charged.

The charges were filed eight months after the allegations arose. Downey took a leave of absence, then returned to the criminal bench where he had been a fixture for years. But Chief Judge David Demers later moved Downey to a civil division.

As part of the deal, Downey admits only to the pornography charge. He continues to deny the other charges.

"The other stuff remained disputed," Russell said. "He didn't admit it and we didn't agree that he didn't do it."

In his letter of apology, Downey wrote:

"I recognize that as a judge, the public has a right to expect my conduct to be above reproach and that my integrity should be unquestioned. My conduct ... has not met these expectations and has harmed the public confidence in the integrity of the judiciary.

"I sincerely apologize to the public, my fellow judges, and the legal community for my actions."

[Last modified May 28, 2006, 10:28:45]