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I was the defendant in a case and had the strange feeling that the Judge and Prosecutor were very friendly.

After the hearing and verdict (not in my favor) I found online, that while the case was being heard -- both the judge and prosecutor were panelists on a Federalist Society panel while my case was going on -- about the very law that I was being retroactively subjected to.

I have read the Florida Judicial Canon Code of ethics - and can't find the specific application -- although close.

It seems to me, a reasonable person could assume there was an advantage that they discussed the applicability and Constitutional arguments of the law (and I don't know what else - it's not online anywhere.)

I was not notified, and therefore, lack the benefit of knowing what was said.

I cannot help but think if I was privy to the conversation I would know much more about the way they both thought, and it would have been primary as to presenting a defense.

Even worse - he's just been nominated to the Federal Bench and changed his participation listed from "panelist" which all of the literature lists him as, along with the prosecuting attorney to "moderator".

Is his participation in a discussion I was not made aware of while the case was active, a violation?

How serious is it?

And if so what is the next logical step to take?

Thanks for reading this

  • Link to the Florida judicial ethics rules: floridasupremecourt.org/Opinions/… – D M Oct 20 at 13:38
  • Thanks -- yea that was where I started -- Im stuck between Canon 2 and Canon 4. I'm just trying to get clarity as to which of the seemingly contradictory ideas this falls. I just know that if you dont nail it in a complaint to the Judicial Ethics Committee they dismiss you out of hand, – Tater FTL Oct 20 at 17:16

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