TALLAHASSEE 鈥� Arguing he has 鈥渓earned his lesson,鈥� Broward County Circuit Judge Gary Farmer, a former Senate Democratic leader, this week urged the Florida Supreme Court to reject a recommendation that he be immediately suspended after an investigative panel accused him of 鈥減ervasive and extensive鈥� behavior demonstrating 鈥渦nfitness to hold office.鈥�
Farmer was elected as a judge in Broward County鈥檚 17th Judicial Circuit in 2022 after six years in the Senate. He served as Senate minority leader during the 2021 legislative session but was ousted after a vote of no confidence by fellow Democrats.
An investigative panel of the state Judicial Qualifications Commission in March filed a notice of formal charges against Farmer accusing him of repeatedly making inappropriate comments. It recommended that he be immediately suspended without pay pending the outcome of the proceedings. The commission makes recommendations about judicial conduct to the Florida Supreme Court, which has ultimate disciplinary authority.
In a response filed Tuesday, lawyers for Farmer, who has been reassigned from hearing cases in the circuit鈥檚 criminal division to the foreclosure division, argued that he has "expressed regret, lapse in judgment, as well as shame and embarrassment鈥� for his conduct.
Farmer should not be suspended without pay, in part, because Broward residents 鈥渉ave not been victimized by any illegal, dishonest, or immoral conduct鈥� by the judge, his lawyers wrote.
In addition, suspending Farmer without pay would deny him 鈥渢he ability to engage in a rigorous defense of himself,鈥� his lawyers argued, because Farmer would still be a judge and be prohibited from practicing in any other area of law.
Farmer spent three decades as a trial lawyer and reported his financial worth as $4.37 million as of Dec. 31, 2021, according to state records.
The judge 鈥渆xpressed regret, lapse in judgment, as well as shame and embarrassment鈥� for his conduct, his lawyers wrote Tuesday.
In addition, Farmer 鈥渉as shown the type of judicial temperament, demeanor and professionalism鈥� since his transfer to the foreclosure division from the criminal division following last year鈥檚 complaint, his lawyers added.
The probe began after a complaint about comments Farmer made while presiding over felony cases in August. The panel found comments 鈥渄iscriminatory, offensive, sexually charged, and demeaning.鈥�
As an example, Farmer 鈥渞eferenced and quoted extensively from a comedy sketch that makes fun of gay people,鈥� court documents filed by the commission said.
READ MORE: Broward Circuit Judge could face suspension over 'inappropriate' comments
鈥淭hat is not the only time you used double entendre as humor in the courtroom. While presiding over the August 15, 2024, hearing you said, 鈥楽pring is here, I got so excited I wet my plants鈥� and 鈥榃hat did the shirt say to the pair of pants? Wassup britches!鈥� Apparently, these are some of what you referred to as your 鈥榚xceptionally, exceptionally bad jokes,鈥欌�� the commission鈥檚 lawyer wrote in the notice of formal charges filed at the Supreme Court.
Michael Dutko, an attorney representing Farmer, acknowledged that the comments made by Farmer 鈥渨ere distasteful鈥� but argued that the only complaints about his remarks were filed by 鈥渁nonymous prosecutors鈥� and therefore did not warrant the recommended suspension from the bench.
Farmer鈥檚 lawyers attributed his comments to his attempts to put defendants at ease, based on advice he received after shadowing other criminal division judges, and noted that Farmer had never handled a criminal case in his 32-year legal career before being elected judge.
While appearing before a judicial investigative panel last year, Farmer said he was trying to emulate 鈥渢he friendly, hospitable way the (criminal) judges addressed the defendants鈥� in an effort to relieve anxiety and tension.
Farmer鈥檚 lawyers characterized his attempts at 鈥渄ad jokes鈥� as 鈥渂ad jokes鈥� that fell flat.
鈥淭here were times when he clearly went too far,鈥� Farmer鈥檚 lawyers conceded in Tuesday鈥檚 response. 鈥淵et, it was never his intention to do anything other than to be respectful while also making them feel a bit more comfortable in his courtroom. His poor attempts at humor were not intended nor designed to show disrespect or disdain to those defendants.鈥�
Farmer鈥檚 lawyers also indicated that the judge has learned his lesson.
Farmer 鈥渉as consciously refrained from the conduct and the sort of 鈥榖ad joke鈥� comments that are the primary basis鈥� for the charges, Farmer鈥檚 lawyers argued, saying he has 鈥渂een striving to exhibit the highest level of professional conduct鈥� and has shown 鈥渢he type of temperament, demeanor and professionalism that the鈥� judicial panel is entrusted to ensure.
In calling for an immediate suspension, the investigative panel in April highlighted Farmer鈥檚 failure to appear as required at a hearing in March.
The panel 鈥渂elieves that his misconduct is egregious and serious, and could clearly affect the public's perception of the judiciary,鈥� Alexander John Williams, an attorney for the commission, wrote in the 13-page recommendation.
But Farmer鈥檚 response said he was en route to the hearing when he received 鈥渁 series of messages and telephone calls advising him of an ongoing family matter鈥� in Broward County and notified hearing officials at the time.
The judge鈥檚 lawyers also noted that Farmer has not been charged with any criminal wrongdoing and that his comments weren鈥檛 aimed at self-aggrandizement.
鈥淲hile respondent (Farmer) acknowledges the importance and serious nature of the 鈥� allegations, he feels compelled to point out that he has not been accused of any illegal, immoral or unethical conduct born of avarice or greed. He is not alleged to have violated any criminal law. He has not been accused of any unethical behavior. He has not been accused of or charged with any campaign or financial violations. No party or attorney who has appeared before him has brought any complaint against him,鈥� Farmer鈥檚 lawyers wrote.
