A judcial review panel found probable cause that Wakulla Circuit Judge J. Layne Smith violated the state’s Code of Judicial Conduct when he told lawyers in his courtroom last year that he wanted a deputy to “pull his gun and shoot them.”
The Florida Judicial Qualifications Commission, in a 7-page document dated March 23, also recommended to the Florida Supreme Court that Smith face a public reprimand for his comments. Smith could have faced up to removal from the bench.
“Because Judge Smith’s conduct plainly fell below the high standard of conduct required by the Canons and this Court, the Commission finds and recommends that the interest of Justice will be served by a public reprimand ….,” the JQC wrote in its findings and recommendation of discipline.
The JQC and Smith also entered into a stipulation saying the judge, who “self-reported” his comments, didn’t contest the findings and accepted the recommended discipline. If accepted by the Florida Supreme Court, he would be reprimanded without oral arguments.
Smith’s comments came during a hearing Sept. 23 at the Wakulla County Courthouse in a civil matter between a brother and sister who were feuding over their late mother’s estate.
Present in court were attorneys Stephen Webster of Tallahassee and David Kemp of Crawfordville, who represent the plaintiff, the late woman’s son, and Danny Phillips of Tallahassee, who represents her daughter.
“I would like to tell the deputy to pull his gun and shoot all three of you, as far as my level of frustration,” Smith said. “I really don’t want him to do that. But, guys, for crying out loud, what is this, the Keystone Cops, just not very funny?”
Smith offered a public apology after the Tallahassee Democrat asked him about the incident. The Wakulla Sun first reported on the incident, which became a hot topic on social media and in courthouse circles.
“I made an impulsive comment from the bench that was unprofessional and out of character,” Smith said. “I did not literally mean the comment, and immediately said so. Afterward, I recused myself, and another judge will hear the case.”
Webster and Kemp filed a motion a week later asking Smith to recuse himself, claiming he showed “judicial intemperance to the point of being abusive to counsel” and prejudged matters “without review or fair consideration.”
“This is one of several intemperate and inappropriate remarks the trial Judge made during the course of that hearing,” The lawyers wrote. “This is wholly inconsistent with the Judicial Code of Conduct.”
Phillips, the defendant’s attorney, told the Democrat at the time that he took Smith’s words “purely as a joke.” Webster and Kemp didn’t feel that way, however.
“This was not a joke,” they wrote in the court filing. “Nobody was laughing. There is nothing funny about such a remark.”
Smith recused himself on his own motion, and the case was reassigned to another judge.
Smith was appointed to Leon County judge in 2015 by then-Gov. Rick Scott and was elected to the post in 2016. In 2020, he was appointed to fill the vacancy left by the retirement of Circuit Judge James Hankinson. He formerly wrote a column in the Democrat called “Ask Judge Smith.”
Contact Jeff Burlew at jburlew@tallahassee.com or 850-599-2180.
This article originally appeared on Tallahassee Democrat: Florida judge faces reprimand for ‘shoot all of you’ remark to lawyers
Reporting by Jeff Burlew, Tallahassee Democrat / Tallahassee Democrat
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