Tampabay: Judge accused of abusing power

TAMPA -- The state commission that oversees judicial conduct accused a Hillsborough judge Thursday of interfering in a friend's messy child custody case and then lying about her involvement.

The Judicial Qualifications Commission released seven pages of formal charges against Circuit Judge Cynthia Holloway including an allegation that she angrily scolded another judge for making rulings with which she disagreed. The commission also alleges that Holloway's sworn statements in the case are inconsistent with what actually happened.

Holloway's charges came the same day the Times reported that a Hillsborough judge would resign amid allegations that he had an affair with a bailiff, and two months after still another judge resigned while facing JQC charges that he sexually harassed four women at the courthouse. Two other judges remain under investigation.

Tom MacDonald, general counsel for the JQC, called the charges against Holloway "very serious."

"You abused your powers as a judge, and improperly utilized the prestige of your office," the charges said.

Holloway admitted that contacting the judge and the detective in the case was improper, although she denied lying or misleading anyone in the case. Holloway did not comment about the details, saying she would talk after her case is resolved.

The two sides tried to negotiate a settlement, which could have averted formal charges. The settlement likely would have included a reprimand, but not her resignation.

Holloway, however, did not want to admit lying when she feels she was truthful, said her attorney, Scott Tozian.

If sustained, the charges could lead to anything from a reprimand to removal from office. Lying under oath can also result in discipline from the Florida Bar, which can affect a lawyer's license to practice.

"We look forward to the opportunity to present the other side of the story to a fair and impartial panel as soon as possible," Tozian said. "I can tell you she is not going to step down."

In the midst of a friend's heated and at times vindictive custody battle, Holloway testified twice, once in November 1998 and again in July 1999. She said her friend was a "great mom." Holloway did not know many details of the custody battle, she said at the time, just some concerns the mother raised, which included allegations of sexual abuse.

In a sworn deposition taken in July, Holloway said she had not spoken with the detective in the case, or, if she had, it was only to ask how the case was going. According to the charges, Holloway not only contacted the detective, but also asked him to keep her apprised of what was going on and was upset when he told her that he thought the father hadn't abused the girl.

Holloway also was asked about whether she privately contacted the judge presiding over the case:

Q. Did you contact (Judge) Ralph Stoddard?

A. No.

Q. Did you telephone him, contact him in any way?

A. No.

Q. Did you go see him.

A. No.

Holloway had contacted the judge. In fact, she spoke with him on March 3 in front of witnesses "in a loud, angry and temperamental manner and shook (her) finger at the judge," according to the charges. Holloway criticized Stoddard for delays in the case and said it would concern her if he awarded custody to the father, the charges said.

Three weeks after the deposition, Holloway amended her statement saying she thought the questions pertained to whether she had talked with the judge on a certain day the questioner had previously asked about, not whether she ever contacted him about the case.

According to the charges, Holloway's amended version was still "false, incomplete or misleading." Holloway also told the JQC during questioning on Oct. 13 that it was her intention not to disclose or confirm her visit with Stoddard, the charges state.

Stoddard, who did not comment Thursday, later recused himself from the ongoing custody case.

"She blew the case up," said the father in the custody dispute. "She forced us to get a new judge and start all over again."

Florida's judicial canons warn judges against using their office to advance private interests of their own or of their friends. They must not use their position to gain an advantage in a civil-court dispute, although they can testify if properly summoned. The canons also require judges to act in a manner that promotes public confidence in the integrity of the judiciary.

"These are always very unfortunate matters," MacDonald said. "Judge Holloway is a very capable judge, which makes this one all the more unfortunate."

Holloway has 20 days to respond to the charges. If she denies the allegations, a special counsel will investigate further.

Eventually, both sides will present their cases at a trial in front of a six-person panel of JQC members. At that time, testimony and evidence would be presented that could flesh out more of the details.

If the panel sustains the charges, the JQC can recommend a range of punishment. The Florida Supreme Court makes the final decision. The process can take months and sometimes more than a year. Holloway continues to work full time while the investigation continues.

Holloway, 44, became a county judge in 1990 after specializing in insurance defense litigation. She moved to the circuit bench in 1994 and has had a number of high-profile cases, including Adam Davis' first-degree murder trial. Davis was accused along with Valessa Robinson of killing Robinson's mother. In December, Holloway sentenced Davis to death.

Holloway has earned a reputation as a no-nonsense judge willing to rebuke ill-prepared lawyers and unruly defendants. Holloway lives with her husband, a successful Tampa lawyer, and their two daughters.

She has no history of disciplinary problems.

-- Graham Brink can be reached at (813) 226-3365 or brink@sptimes.com.

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