Lexicon - law as image - the appearance of justice (the form) - the only thing criminal courts produce.
From [HERE] and [HERE] A white Miami-Dade County circuit judge could face a 30-day suspension without pay and a public reprimand after an investigation into racially derogatory remarks and an improper conversation with an attorney, according to documents posted Monday on the Florida Supreme Court website.
Circuit Judge Stephen Millan has acknowledged making the remarks and conducting what is known as an improper “ex parte communication” with the attorney, an investigative panel of the Florida Judicial Qualifications Commission said in the documents.
In one instance, Millan used the racial epithet “moolie” a derogatory street term to describe an African-American defendant during a one-on-one conversation with the defendant’s lawyer. The 52-year-old admitted to using the offensive term and apologized — claiming it was something he said “intermittently as a ‘youngster’ growing up in New York.”
In another instance, while on a break with attorneys in his chamber, Millan instructed a bailiff to return to the courtroom and retrieve his wallet because he didn’t “trust it in there with those thugs,” the investigative panel wrote in its findings and disciplinary recommendations.
A defense attorney believed Millan was referring to his client or the client’s family or friends. The “ex parte” conversation involved a phone call Millan made to the defense attorney several days after the “thugs” remark. [only out for 30 days - this defense atty better watch his back].
The attorney said he was uncomfortable talking without the prosecution present, but the judge went on to talk about at least six of the attorney’s cases.
Millan agreed to undergo racial sensitivity training, but Florida’s Judicial Qualifications Commission apparently didn’t feel the punishment was harsh enough.
The investigative panel recommended that Millan face a 30-day suspension and a public reprimand and pay a $5,000 fine.
The panel said Millan had agreed to the disciplinary measures, though the Supreme Court has ultimate authority to hand out punishments for judges.
“The use of racist epithets by a judge is repugnant to the perception of a fair and impartial judiciary, and irreconcilable with core tenants of our justice system,” the panel said in its findings and recommendations.
“The [Florida Judicial Qualifications] Commission has found, and Judge Millan has agreed, that the allegations found in the notice of formal charges have been demonstrated by clear and convincing evidence. Judge Millan has admitted and acknowledged that his conduct was wrong, and he understands the impact that such conduct has on the public’s perception of the judiciary. He has expressed deep remorse not only for his comments, but for the stain that his remarks brings upon his colleagues, and the judicial system in its entirety.”