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The Florida Bar v. Lanell Williams-Yulee

Citations: 138 So. 3d 379; 39 Fla. L. Weekly Supp. 300; 2014 Fla. LEXIS 1460; 2014 WL 1698373Docket: SC11-265

Court: Supreme Court of Florida; May 1, 2014; Florida; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the Supreme Court of Florida reviewed the findings and recommendations of a referee regarding allegations of professional misconduct by a judicial candidate during a campaign. The candidate, Lanell Williams-Yulee, was accused of violating the Florida Bar Rules by personally soliciting campaign contributions, which contravened Canon 7C(1) of the Florida Code of Judicial Conduct. The Court upheld the constitutionality of Canon 7C(1), which prohibits judicial candidates from direct solicitation of campaign funds to preserve judicial integrity and public confidence. The Court rejected Williams-Yulee's argument that the Canon was unconstitutional and confirmed its broad application to all judicial candidates. Despite the referee's disapproval of certain allegations, the recommendation for a public reprimand was accepted, considering Williams-Yulee's lack of prior disciplinary history and other mitigating factors. The Court found her actions negligent rather than intentional, aligning the sanction with established standards and precedent. The decision included a cost recovery judgment for the Florida Bar, and the ruling is subject to finalization upon the resolution of any rehearing motions. A dissenting opinion was noted.

Legal Issues Addressed

Application of Canon 7C(1) to Judicial Candidates

Application: Williams-Yulee's argument that Canon 7C(1) only applied if there were other candidates was rejected, affirming its broad application to all judicial office candidates.

Reasoning: Regarding a September 4, 2009, solicitation letter for campaign funds, the Respondent's claim that Canon 7C(1) only applied if there were other candidates was rejected.

Constitutionality of Judicial Conduct Canons

Application: The Court upheld the constitutionality of Canon 7C(1), emphasizing its role in preserving judicial integrity and public confidence in an impartial judiciary.

Reasoning: The Court upheld the constitutionality of Canon 7C(1), emphasizing its role in preserving judicial integrity and public confidence in an impartial judiciary.

Disciplinary Sanctions for Judicial Misconduct

Application: The Court agreed with the referee's recommendation of a public reprimand for the Respondent, considering the mitigating factors and the lack of prior misconduct.

Reasoning: Consequently, the court approved the referee's findings and recommendation of a public reprimand for Lanell Williams-Yulee, along with a cost recovery judgment of $1,860.30 for the Florida Bar.

Judicial Integrity and Public Confidence

Application: The Court recognized the compelling state interest in maintaining judicial integrity and public confidence, which justified the restrictions imposed by Canon 7C(1) on personal solicitation by judicial candidates.

Reasoning: Past rulings affirm Florida's compelling interest in maintaining judicial integrity and public confidence in an impartial judiciary.

Professional Misconduct in Judicial Campaigns

Application: The Supreme Court of Florida found Lanell Williams-Yulee guilty of professional misconduct for personally soliciting campaign contributions, contrary to Canon 7C(1) of the Florida Code of Judicial Conduct.

Reasoning: The Court approved the referee's findings that Williams-Yulee violated Rule Regulating the Florida Bar 4-8.2(b) by personally soliciting campaign contributions, contrary to Canon 7C(1) of the Florida Code of Judicial Conduct.

Standard of Review for Referee's Findings

Application: The Court's standard of review for a referee’s factual findings is limited to whether these findings are supported by competent, substantial evidence, and it will not reweigh evidence.

Reasoning: The Court's standard of review for a referee’s factual findings is limited to whether these findings are supported by competent, substantial evidence, and it will not reweigh evidence.