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In re Inquiry Concerning Muszynski

Supreme Court of Florida
Jun 20, 1985
471 So. 2d 1284 (Fla. 1985)

Summary

imposing discipline for demanding a police officer to lower the volume on his police radio while dining in a restaurant and, when the officer refused, directing him to appear in court to explain his "contemptuous conduct"

Summary of this case from Inquiry Concerning a Judge v. Aleman

Opinion

No. 66876.

June 20, 1985.

Kathleen T. Phillips, Chairman, Pensacola, and John S. Rawls, General Counsel, Tallahassee, for Florida Judicial Qualifications Com'n, petitioner.

James E. Taylor, Orlando, for respondent.


On April 15, 1985, the Judicial Qualifications Commission filed its Notice of Formal Proceedings and Stipulation for Submission to the Supreme Court. In the stipulation, the parties agreed that the following factual matters stated in the Notice of Formal Proceedings were true:

On November 20, 1984, while having lunch at a Howard Johnson's restaurant, you objected to the noise of a police officer's radio which was being operated by Police Officer Thomas A. Reynolds. You directed Officer Reynolds to turn down the volume of the radio or turn it off. When Officer Reynolds responded that the radio was as low as its capacity and that regulations prohibited him from turning it off, you, after identifying yourself as a Circuit Judge, arrogantly castigated Officer Reynolds. Subsequently, by letter on your judicial letterhead, on November 21, 1984, you forwarded a letter to Officer Reynolds stating therein:

In lieu of a Rule to Show Cause, you are hereby directed to be and appear in my Chambers (Room 479) at the Orange County Courthouse, Orlando, Florida, at 10:00 o'clock a.m., on Tuesday, November 27, 1984, to explain your contemptuous conduct.

Failure to appear shall constitute a separate and independent contempt.

The Judicial Qualifications Commission has recommended a public reprimand. We accept the Commission's recommendations and the publication of this opinion in Southern Reporter shall serve as Judge Muszynski's public reprimand for his conduct.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN, EHRLICH and SHAW, JJ., concur.


Summaries of

In re Inquiry Concerning Muszynski

Supreme Court of Florida
Jun 20, 1985
471 So. 2d 1284 (Fla. 1985)

imposing discipline for demanding a police officer to lower the volume on his police radio while dining in a restaurant and, when the officer refused, directing him to appear in court to explain his "contemptuous conduct"

Summary of this case from Inquiry Concerning a Judge v. Aleman
Case details for

In re Inquiry Concerning Muszynski

Case Details

Full title:IN RE INQUIRY CONCERNING JUDGE, BERNARD MUSZYNSKI. NO. 84-236

Court:Supreme Court of Florida

Date published: Jun 20, 1985

Citations

471 So. 2d 1284 (Fla. 1985)

Citing Cases

Inquiry Concerning a Judge v. Aleman

A judge's abuse of contempt powers has, on several occasions, resulted in discipline. See id. at 366-68…