Inquiry Concerning a Judge No. 18-352 Re: Dennis Daniel Bailey
Inquiry Concerning a Judge No. 18-352 Re: Dennis Daniel Bailey
Opinion
*994 During a felony criminal trial, Judge Dennis Daniel Bailey ordered his courtroom deputy, loudly and in front of the jury, to remove one of the defendant's attorneys from a sidebar conference. He then improperly denied the defendant's disqualification motion. Judge Bailey and the Judicial Qualifications Commission have stipulated that he violated the Code of Judicial Conduct and should be publicly reprimanded. 1 We approve the stipulation.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
On April 17, 2018, Judge Bailey was presiding over Genesis Espejo's felony criminal trial in Broward County. During the trial, a legal issue came up that required a sidebar conversation. Ms. Espejo's two attorneys left the defense table and came to the bench for the sidebar. As found by the commission,
[w]hen one of the attorneys tried to help his colleague articulate a point during the sidebar, Judge Bailey repeatedly attempted to quiet him by saying, "One lawyer at a time," "Only one lawyer argues," followed shortly thereafter by, "You have a hard time understanding me? Two lawyers can't argue one argument."
There was no standing order that only one attorney per side was allowed to argue a point, and this was the first time Judge Bailey communicated such an order to counsel.
As the attorney who was trying to help his colleague started to say, "Judge I mean no disrespect," Judge Bailey raised his voice over the "white noise" that he turned on during the sidebar conversation and ordered his courtroom deputy to approach the bench and "return this attorney to his table." "The attorney immediately retreated away from the sidebar and back to counsel table as soon as he saw the deputy approaching." Had the attorney not retreated to counsel table, Judge Bailey "would have allowed the deputy to use physical force, 'if necessary.' " All of this was "in full view and hearing of the jury."
Ms. Espejo's non-removed attorney then moved for time to file a disqualification motion. Judge Bailey allowed a forty-five-minute break to draft and file the motion to disqualify, and then denied it as legally insufficient. Judge Bailey improperly denied the motion because he believed it was a "trial tactic" and he could be fair to the parties. He "did not consider the motion from the defendant's perspective when considering whether or not to grant it."
Based on the sidebar conversation and disqualification motion in the Espejo trial, the commission charged Judge Bailey with violating canons 1, 2A, 3B(1), 3B(4), and 3B(7) of the Florida Code of Judicial Conduct. 2 The commission held a hearing on *995 the charges (at which Judge Bailey testified), found probable cause for the violations, and recommended that Judge Bailey be publicly reprimanded. Following the hearing, Judge Bailey stipulated that he did not contest the commission's findings and accepted the recommended discipline.
REVIEW OF THE COMMISSION'S FINDINGS
Still, despite the stipulation, it is up to us to "accept, reject, or modify in whole or in part" the commission's findings and conclusions. Art. V, § 12(c)(1), Fla. Const. We review the commission's findings "to determine whether the alleged violations are supported by clear and convincing evidence."
Inre White-Labora
,
Judge Bailey admitted that "his conduct was inappropriate [and] intemperate and violated the Canons."
[He] admitted and acknowledged that his conduct was not patient, dignified, and courteous as required by Canon 3B(4); that he did not act in a manner that promotes public confidence in the integrity and impartiality of the judiciary (Canon 2A); and that he did not personally observe the high standards of conduct required to preserve the integrity and independence of the judiciary ( Canon 1 ).
And Judge Bailey acknowledged "that he did not properly consider the motion to disqualify from the defendant's perspective" and "did not consider the prejudice his actions may have had on the final verdict."
Based on the commission's uncontested findings, and Judge Bailey's admissions, we agree that Judge Bailey did not establish, maintain, and enforce the highest standard of conduct ( Canon 1 ); did not promote public confidence in the integrity and impartiality of the judiciary (Canon 2); heard a matter in which disqualification was required (Canon 3B(1) ); was not patient, dignified, and courteous to lawyers (Canon 3B(4) ); and did not accord the lawyers a right to be heard according to law (Canon 3B(7) ). In particular, we agree with the commission's findings as follows:
It is impossible to ignore the fact that the efficient administration of justice sometimes requires judges to place restrictions on the presentation of cases or arguments; such as a one-person-per-argument policy. However, such a policy should not be enforced arbitrarily, and never under the threat of physical force, in full view and hearing of the jury.
There are tools that judges have for dealing with inappropriate conduct by lawyers: admonishment, referrals to the Florida Bar, or in extreme cases - contempt proceedings. All of these were available to Judge Bailey if he truly felt that the attorneys were disruptive during the Espejo trial. Yet he chose not to utilize any of them.
While it is necessary for a judge to maintain order and decorum during proceedings, the evidence shows that the two attorneys were speaking respectfully *996 to the Court during the sidebar, and were merely taking turns addressing the court, not speaking over each other. It appears that the attorneys had not breached the order and decorum of the proceedings in any way, other than aggravating Judge Bailey by working together to articulate an argument during a sidebar.
....
... [B]y inviting physical force be visited upon an attorney making an argument during trial, in full view of the jury, Judge Bailey's misconduct was egregious enough that it harmed the integrity of the judiciary, as well as the public's confidence in the judicial system ....
REVIEW OF RECOMMENDED DISCIPLINE
For his violations of the code, the commission recommended that Judge Bailey be publicly reprimanded. Where the commission's findings are supported by clear and convincing evidence, as they are here, we give them "persuasive force and great weight" in our consideration of the recommended discipline,
In re Recksiedler
,
Four factors support the commission's recommendation of a public reprimand rather than a more severe sanction for Judge Bailey's conduct. First, Judge Bailey admitted what he did, acknowledged that it should never have occurred, and accepted full responsibility for his actions. Judge Bailey fully cooperated with the commission throughout its investigation.
See
White-Labora
,
Second, in Judge Bailey's time on the bench, he has had no disciplinary problems. And he did not have any disciplinary history in his years as a lawyer.
See
White-Labora
,
Third, Judge Bailey, on his own, signed up for stress management counseling "so
*997
that in the future, he is better equipped to handle stressful situations, and does not resort to knee-jerk reactions." He has also apologized, in writing, to Ms. Espejo's attorney for what happened during the trial.
See
In re Shea
,
And fourth, we have imposed similar discipline for similar conduct. "[A] public reprimand is the appropriate form of discipline for a 'judge's rude or intemperate behavior in open court,' " we have said.
In re Collins
,
CONCLUSION
For these reasons, we accept the commission's stipulated findings and recommendation that Judge Bailey violated the Code of Judicial Conduct and be publicly reprimanded as a result. We therefore command Judge Dennis Daniel Bailey to appear before this Court for the administration of a public reprimand at a time to be established by the Clerk of this Court.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ., concur.
We have jurisdiction. See art. V, § 12, Fla. Const.
Canon 1 states: "An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective." Fla. Code Jud. Conduct, Canon 1.
Canon 2A states: "A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary." Fla. Code Jud. Conduct, Canon 2A.
Canon 3B(1) states: "A judge shall hear and decide matters assigned to the judge except those in which disqualification is required." Fla. Code Jud. Conduct, Canon 3B(1).
Canon 3B(4) states in pertinent part that "[a] judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity." Fla. Code Jud. Conduct, Canon 3B(4).
Canon 3B(7) states in pertinent part that "[a] judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law." Fla. Code Jud. Conduct, Canon 3B(7).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.