Judge reprimanded for berating a victim of domestic violence
Judge reprimanded for berating a victim of domestic violence
‘Judge Collins found the victim in contempt of court and sentenced her to spend three days in jail ’
For berating and belittling a victim of domestic violence who failed to appear for trial, the Florida Supreme Court ordered Seminole County Judge Jerri Collins be publicly reprimanded, complete an anger management course, and attend a domestic violence course.
The court acted July 7 in SC16-548.
In March, the Judicial Qualifications Commission filed a notice of formal charges against Judge Collins for violation of Canons 1, 2A, and 3B(4) of the Code of Judicial Conduct. Judge Collins violated those canons when presiding over State v. Myles Brennan “when she berated and belittled a victim of domestic violence for failing to respond to a subpoena issued by the state attorney to testify in the trial against her abuser, who is the father of her child.” As a result of the victim’s failure to appear, the state was unable to proceed with the trial. Consequently, the state dismissed a charge against the defendant for dangerous exhibition of a weapon and the defendant accepted a plea to a reduced charge of simple battery.
Judge Collins then issued an order to show cause why the victim should not be held in contempt for failing to appear. When the victim appeared before Judge Collins, the court said, she instituted direct criminal contempt proceedings in which the victim was not represented by counsel nor advised of her right to present evidence or testimony on her own behalf.
“During the contempt proceedings, Judge Collins was discourteous and impatient toward the distraught victim,” according to the court. “The victim apologized for failing to appear, citing anxiety, depression, and a desire to move on from contact with her abuser as reasons why she did not appear for trial. Meanwhile, Judge Collins raised her voice, used sarcasm, spoke harshly, and interrupted the victim. Judge Collins found the victim in contempt of court and sentenced her to spend three days in jail, even though the victim pleaded with the court that she needed to take care of her 1-year-old child.”
The court said Judge Collins’ behavior also created the appearance of partiality toward the state.
Following this incident, Judge Collins accepted full responsibility for her wrongful conduct and was remorseful that the manner in which she carried out her judicial duties placed the judiciary in a negative light and stipulated a public reprimand.
Upon review of the charges and the stipulation, however, the court in April concluded that the terms were inadequate to address the violation and issued an order rejecting the agreement. The order declared that the court would require successful completion of an anger management course and attendance at the domestic violence course offered during Phase II of the Florida Judicial College in addition to the public reprimand. On May 5, 2016, Judge Collins and the JQC filed a revised consent judgment agreeing to the court’s terms.
While the court said it has repeatedly concluded that a public reprimand is the appropriate form of discipline for a “judge’s rude or intemperate behavior in open court,” Judge Collins’ “aggressive tone with a victim of domestic violence and the interjection of comments exhibiting partiality toward the state warranted additional sanctions.”
