INQUIRY CONCERNING A JUDGE, NO. 94-319, RE MARGARITA ESQUIROZ
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The Florida Supreme Court approved a stipulation between the Florida Judicial Qualifications Commission and Circuit Judge Margarita Esquiroz, publicly reprimanding her for violations of Canons 1 and 2A of the Code of Judicial Conduct stemming from a DUI conviction. The court found the single incident warranted reprimand but did not demonstrate present unfitness for office.
Judge Esquiroz violated Canons 1 and 2A of the Code of Judicial Conduct through her DUI incident. The appropriate sanction is a public reprimand, as the isolated incident does not demonstrate present unfitness to hold office but warrants discipline to maintain public confidence in the judiciary.
[1] A judicial officer may be publicly reprimanded for violating Canons 1 and 2A of the Code of Judicial Conduct.
[2] A nolo contendere plea to a DUI charge can be the basis for a judicial reprimand.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“By its recommendation set forth below, the Commission does not contend that such isolated incident represents conduct demonstrating a present unfitness to hold office, but conduct warranting a reprimand only.”
Establishes that despite the violation, the single DUI incident does not demonstrate present unfitness for office, justifying reprimand as the appropriate sanction.
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Join FLexlaw to unlock all legal intelligenceOn August 21, 1994, Judge Esquiroz was charged with DUI while driving home from a birthday luncheon where alcohol was served. She entered a nolo conte…
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PER CURIAM.
This proceeding is before us pursuant to a stipulation between the Florida Judicial Qualifications Commission and the Honorable Margarita Esquiroz, a Circuit Judge of the Eleventh Judicial Circuit of Florida, recommending that Judge Esquiroz be publicly reprimanded for violations of Canons 1 and 2A of the Code of Judicial Conduct. We have jurisdiction. Art. V, § 12, Fla. Const. We approve the stipulation.
The stipulation reads as follows:
The Florida Judicial Qualifications Commission (the “Commission”) and the Honorable Margarita Esquiroz hereby stipulate for the purpose of this inquiry:
(1) On Sunday, August 21, 1994, at approximately 5:30 p.m., Judge Esquiroz was charged with DUI while driving home from a luncheon birthday party where alcoholic beverages were served to the guests. She subsequently entered a nolo contendere plea to the charge, and was found guilty and sentenced therefor to a six month probationary term with certain conditions.
(2) Judge Esquiroz has never been charged with or convicted of DUI other than the incident set forth herein and her actions did not result in any personal injury or property damage to others.
(3) Judge Esquiroz regrets and apologizes that this incident occurred and recognizes that it lessens the public’s confidence in the judiciary. By its recommendation set forth below, the Commission does not contend that such isolated incident represents conduct demonstrating a present unfitness to hold office, but conduct warranting a reprimand only.
(4) Judge Esquiroz does not contest the Recommendation of the Commission as set forth below, charging her with a violation of Canon 1 and Canon 2A of the Code of Judicial Conduct and does not contest she violated those provisions of the Code of Judicial Conduct.
(4) [sic] This Stipulation constitutes the only response in this cause by Judge Es-quiroz.
(5) [sic] The Commission and Judge Es-quiroz waive oral argument.
Recommendation
After full and deliberate consideration of the charges set forth in the Notice, the Commission by a vote of at least nine (9) members, finds that the conduct of Judge Esquiroz violated the provisions of Canons 1 and 2A of the Code of Judicial Conduct, and recommends to the Supreme Court of Florida that Judge Margarita Esquiroz be publicly reprimanded for her above described conduct and her violation of Canons 1 and 2A of the Code of Judicial Conduct.
Accordingly, based on the foregoing, we hereby reprimand Judge Margarita Esquiroz for improper conduct by a judicial officer. It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. KOGAN, J., recused.
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Inquiry Concerning A Judge, 937 So. 2d 643 (Fla. 2006)…ere remorse and his exemplary performance as a judge” where judge admitted to incident of public intoxication and inappropriate conduct of an intimate nature while attending an out-of-state judicial conference at taxpayers’ expense); In re Esquiroz, 654 So. 2d 558, 559 (Fla.1995) (finding that public reprimand was appropriate sanction where judge pled nolo contendere to DUI charge, admitted violating canons 1 and 2A, and expressed remorse and JQC determined incident was isolated). Similarly, the JQC has foun…
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Inquiry Concerning A Judge, 139 So. 3d 290 (Fla. 2014)…Judge Shee-han violated Canons 1 and 2A of the Code of Judicial Conduct. The JQC recommended a public reprimand based on -this Court’s acceptance of public reprimands for similar misconduct in In re Nelson, 95 So. 3d 122 (Fla.2012), In re Esquiroz, 654 So. 2d 558 (Fla.1995), and In re Gloeckner, 626 So. 2d 188 (Fla.1993). II. Article V, section 12 of the Florida Constitution provides that in cases of judicial misconduct, this Court “may ac [*292] cept, reject, or modify in whole or in part the findings, co…
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Inquiry Concerning a Judge, 95 So. 3d 122 (Fla. 2012)…e Nelson. Judge Nelson does not contest this recommendation of discipline. We accept the JQC’s recommendation of a public reprimand for Judge Nelson. Existing precedent suggests that her conduct warrants public reprimand. See, e.g., In re Esquiroz, 654 So. 2d 558 (Fla.1995) (approving public reprimand for a judge who pled nolo contendere to a driving under the influence charge, admitted violating canons 1 and 2A, and expressed remorse, and JQC found the incident isolated); In re Gloeckner, 626 So. 2d 188 (Fl…