Polk County, Florida, Judge John Flynn may face a suspension of 25 days without pay due to his public support for law enforcement during his campaign for the bench. This has raised concerns about his impartiality.
A judge in Florida is currently facing a 25-day suspension due to his endorsement of law enforcement during his campaign for the bench. This situation raises concerns about his ability to remain impartial in his rulings.
The Florida Judicial Qualifications Commission made a recommendation on Wednesday to suspend Polk County Judge John Flynn without pay. This decision came after a thorough review of his campaign materials and social media statements. Several statements were found to be problematic, including his assertion of support for law enforcement agencies and his declaration that criminals would not want him on the bench.
Commissioners found that such statements were unacceptable and may infer prejudice.
“Specifically, the Commission finds clear and convincing evidence that Judge Flynn’s campaign made repeated use of words and phrases signaling his support for law enforcement agencies in a way that could cast doubt on his impartiality,” the group concluded in its report.
It further stated that his support for police enforcement was not an isolated incident but rather a “theme repeated throughout his campaign.” These words sparked controversy as soon as he gained office. The chief judge and court administration had to remove him from the rotation of judges monitoring the criminal docket, according to the JDQ. The court’s website reveals his allocation to small claims matters.
During a hearing, commissioners pressed Flynn for his definition of a criminal. Flynn defined a criminal as an individual who has committed and received a conviction for a crime.
The commissioners concluded in their letter that Judge Flynn, under pressure, agreed that even a convicted person (a ‘criminal’) deserves a fair and impartial arbiter to weigh and impose a just sentence. What about an individual who has already received a conviction but is currently facing a new charge? He or she is a ‘criminal’ according to his definition, but he or she also has the presumption of innocence and is entitled to nothing less than the frigid neutrality of an impartial arbitrator.
Flynn allegedly acknowledged that his remarks during the campaign were inappropriate and offered regret. The commission also stated that he has no prior disciplinary history with the Florida Bar or any other difficulties during his brief tenure on the bench.
“Indeed, the respondent previously served on a bar grievance committee—aa fact which the commission believes puts the respondent into the’should have known better’ category,” the members of the committee stated. “Following the rules and fair play are concepts ingrained in lawyers and judges to protect the integrity of the judicial system.”
The commissioners first proposed a 30-day ban, which was lowered to 25 days as part of the deal. We were unable to reach Flynn and his attorney for comment.
The Florida Supreme Court will decide whether to enforce the suspension.
