Inquiry Concerning a Judge No. 18-386 Re: Ernest A. Kollra
Inquiry Concerning a Judge No. 18-386 Re: Ernest A. Kollra
Opinion
In this case, we review the findings and recommendation of the Florida Judicial Qualifications Commission (JQC) concerning misconduct by Judge Ernest Kollra of the Seventeenth Judicial Circuit and a stipulation entered into by Judge Kollra and the JQC. We have jurisdiction. See art. V, § 12, Fla. Const. We approve the parties' stipulation that Judge Kollra improperly *679 introduced partisan political activity into his campaign for judicial office, that Judge Kollra's conduct violated two canons of the Code of Judicial Conduct, and that the appropriate discipline is a public reprimand.
BACKGROUND
This case arises from two incidents that occurred during Judge Kollra's campaign for reelection in 2018. As stipulated by the parties, and as set forth in the JQC's Findings and Recommendation of Discipline, those incidents are as follows:
In May of 2018, Judge Kollra and his opponent sat together for an interview with the Sun Sentinel newspaper editorial board. Judge Kollra was asked about his personal political affiliation, and he responded that he is a registered Republican. The same question was posed to Judge Kollra's opponent, and he declined to answer. Although the newspaper did not ultimately publish information about Judge Kollra's political affiliation, he understood that they could have. ...
A second incident occurred just a few weeks later, in June of 2018. On June 13, 2018, Judge Kollra attended a judicial candidate forum that was advertised as an "endorsement event" for the Dolphin Democrats. The Dolphin Democrats is a partisan political organization .... Judge Kollra was subsequently notified that he had received the official endorsement of the Dolphin Democrats. On June 24, while participating in a judicial candidate forum hosted by the Hills Democratic Club, Judge Kollra concluded his stump speech by telling the attendees that he had recently received the endorsement of the Dolphin Democrats.
In December 2018, the JQC served a Notice of Investigation on Judge Kollra stemming from these campaign incidents. On January 25, 2019, the Investigative Panel of the JQC conducted an investigative hearing at which Judge Kollra appeared with counsel and testified under oath in response to the Notice of Investigation. Following that hearing, the Investigative Panel determined that probable cause existed for the filing of formal charges. On February 14, 2019, the Investigative Panel formally charged Judge Kollra with violating certain canons of the Code of Judicial Conduct. The next day, the JQC filed its Findings and Recommendation of Discipline, along with the stipulation executed by the parties.
In its Findings and Recommendation of Discipline, the JQC found that Judge Kollra violated Canons 7C(3) and 7D of the Code of Judicial Conduct. Canon 7C(3) provides:
(3) A judicial candidate involved in an election or re-election, or a merit retention candidate who has certified that he or she has active opposition, may attend a political party function to speak in behalf of his or her candidacy or on a matter that relates to the law, the improvement of the legal system, or the administration of justice. The function must not be a fund raiser, and the invitation to speak must also include the other candidates, if any, for that office. The candidate should refrain from commenting on the candidate's affiliation with any political party or other candidate, and should avoid expressing a position on any political issue. A judicial candidate attending a political party function must avoid conduct that suggests or appears to suggest support of or opposition to a political party , a political issue, or another candidate. Conduct limited to that described above does not constitute participation in a partisan political party activity.
(Emphasis added.) Canon 7D provides:
D. Incumbent Judges. A judge shall not engage in any political activity ex cept *680 (i) as authorized under any other Section of this Code, (ii) on behalf of measures to improve the law, the legal system or the administration of justice, or (iii) as expressly authorized by law.
(Emphasis added.) The JQC explained that Canons 7C(3) and 7D "very clearly and unambiguously" prohibit partisan political conduct by judges or candidates for judicial office. 1 After finding that Judge Kollra's "course of conduct" violated Canons 7C(3) and 7D, the JQC set forth what it determined to be relevant mitigation:
Judge Kollra is a relatively new judge, and having been first appointed in 2016, and this was his first ever foray into an election of any kind. He has no prior disciplinary record with the Commission. He was admitted to [T]he Florida Bar in 1978, and has maintained an exemplary and, heretofore, unblemished record as a licensed attorney.
Further, Judge Kollra admitted to his misconduct, and has cooperated with the Commission in all respects during this inquiry. He deeply regrets that his conduct could have degraded the public's perception of the impartiality and nonpartisan nature of judicial elections. He hopes to rectify this, in part, by taking responsibility for his misconduct, and accepting the sanction.
The JQC then recommended a public reprimand, observing that this Court had imposed that sanction in "similar misconduct" cases.
In the stipulation, Judge Kollra admitted to the alleged conduct, conceded that the conduct was violative of Canons 7C(3) and 7D, expressed remorse, and accepted the JQC's findings and recommendation.
ANALYSIS
"[T]his Court gives the findings and recommendations of the JQC great weight ...."
In re Kinsey
,
The JQC found that Judge Kollra's campaign conduct violated Canons 7C(3) and 7D. Judge Kollra cooperated with the JQC, admitted to the conduct, and conceded the JQC's findings. "In cases where a judge admits to wrongdoing and the JQC's findings are undisputed this Court will ordinarily conclude that the JQC's findings are supported by clear and convincing evidence."
In re Diaz
,
As to discipline, we agree with the JQC that our precedent supports the recommended sanction of a public reprimand.
See
In re Angel
,
CONCLUSION
We conclude that the JQC's findings are supported by clear and convincing evidence, and we approve the stipulation entered into by Judge Kollra and the JQC. Accordingly, we hereby command Judge Ernest Kollra 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.
The JQC also explained that section 105.071, Florida Statutes, imposes certain limitations on political activity by candidates for judicial office, including prohibiting a candidate from " '[c]ampaign[ing] as a member of any political party,' or '[p]ublicly represent[ing] or advertis[ing] herself or himself as a member of any political party.' " (Quoting § 105.071(2) -(3), Fla. Stat.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.