TALLAHASSEE 鈥� The Florida Supreme Court on Wednesday indefinitely suspended Broward County Circuit Judge Gary Farmer, a former Senate Democratic leader, 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 Florida Senate. He served as minority leader during the 2021 legislative session but was ousted after a vote of no confidence by fellow Democrats.
Arguing he has 鈥渓earned his lesson,鈥� Farmer鈥檚 lawyers urged the Supreme Court to reject an April 10 recommendation by an investigative panel of the state Judicial Qualifications Commission calling for his immediate suspension.
Wednesday鈥檚 court order said that Farmer鈥檚 suspension without pay will go into effect on Tuesday. Farmer, 62, will remain suspended until the allegations against him are resolved.
鈥淭he court encourages the commission to conduct any remaining proceedings promptly, in a manner consistent with the commission鈥檚 rules and the procedural rights of the respondent (Farmer),鈥� the order said.
A notice of formal charges filed by the investigative panel accused Farmer of repeatedly making inappropriate comments in court. The commission makes recommendations about judicial conduct to the Supreme Court, which has ultimate disciplinary authority over judges.
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The suspension recommendation also alleged Farmer 鈥渨illfully ignored the requirements of applicable statutes or rules of procedure, or was unaware of the most basic elements of the law which governed his actions as a judge in the felony division.鈥�
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.
鈥淲hile Judge Farmer might argue that he has changed his behavior 鈥� the panel believes that in this case, the damage is already done,鈥� the recommendation said.
The probe into Farmer began after a complaint about comments he made while presiding over felony cases in August. The panel found comments 鈥渄iscriminatory, offensive, sexually charged, and demeaning.鈥�
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As an example, Farmer 鈥渞eferenced and quoted extensively from a comedy sketch that makes fun of gay people,鈥� documents filed by the commission said.
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 addressed to Farmer and filed at the Supreme Court.
Farmer鈥檚 lawyers, however, argued that the judge鈥檚 jokes were intended to 鈥渓ighten tension, reduce stress for criminal defendants, and show a sense of humanity.鈥� They likened his comments to 鈥溾�楧ad jokes鈥� that are corny but not offensive, and were not degrading to the solemnity鈥� of court proceedings.
Some of the jokes referenced in the allegations 鈥渨ere somewhat racy and, upon reflection, were inappropriate,鈥� Farmer鈥檚 lawyers acknowledged.
However, Farmer 鈥渢ook full responsibility and apologized for those remarks鈥� during a hearing before the investigative panel 鈥渁nd he does so again today,鈥� his lawyers said in a court document filed last week.
Farmer 鈥渉as taken these lessons to heart and has refrained from making such jokes鈥� since the complaint was filed with the circuit鈥檚 chief judge, the document said.
The probe into Farmer began in October, and Farmer appeared before the panel for a hearing in December. The panel notified Farmer on March 6 about a second investigation and ordered him to appear for a hearing on March 28.
Farmer 鈥減rovided no response whatsoever, written or otherwise, to the second notice of investigation, save his email on the morning of the hearings claiming that he had intended to appear,鈥� the suspension recommendation said.
Farmer鈥檚 decision 鈥渢o not appear as ordered in the Order to Show Cause (hearing) simply brings his lack of responsiveness into high relief,鈥� the recommendation said.
The investigative panel said four factors must be considered when recommending that a judge be suspended.
鈥淯nder the right conditions, a single one of these factors might carry enough weight to warrant a recommendation of suspension: Here, the respondent (Farmer) touches on all of them,鈥� Williams wrote.
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 in a response to the charges.
In addition, Farmer 鈥渉as shown the type of judicial temperament, demeanor and professionalism鈥� after a transfer to the foreclosure division from the criminal division following last year鈥檚 complaint, his lawyers added.
Farmer鈥檚 attorneys also argued that some of the remarks or comments included in the charges against him were 鈥渢aken out of context鈥� or 鈥渋nvolve facts, circumstances and/or history that is not accurately or completely reflected鈥� in the allegations.
