Judge faces suspension after 'repeated use of words and phrases' supporting cops undermines impartiality

Polk County, Florida, Judge John Flynn could be suspended for 25 days without pay after he expressed his support for law enforcement during his campaign for the bench, which put his impartiality into question. (10th Judicial Circuit)

A Florida judge is facing a 25-day suspension after he expressed support for law enforcement during his campaign for the bench, which raises questions about his impartiality.

The Florida Judicial Qualifications Commission on Wednesday recommended the unpaid suspension after reviewing campaign materials and social media statements of Polk County Judge John Flynn. Some of the problematic statements included saying he “supports our law enforcement agencies” and “If you are a criminal you don’t want me on the bench.”

Commissioners determined those types of statements were inappropriate and could imply bias.

“Specifically, the Commission finds clear and convincing evidence that Judge Flynn’s campaign made repeated use of words and phrases signaling his support for law enforcement agencies in a way that could cast doubt on his impartiality,” the commission wrote.

It also noted that his support for law enforcement did not occur in a vacuum but was a “theme repeated in his campaign.” Those statements became an issue as soon as he took office. The chief judge and court administration had to take him out of the rotation of judges overseeing the criminal docket, according to the JDQ. The court’s website shows that he is assigned to small claims cases.

During a hearing, commissioners asked Flynn to give them his definition of a criminal. He defined it as a person who had committed and been convicted of a crime.

“Pressed, Judge Flynn agreed that even a convicted person (a ‘criminal’) is entitled to a fair and impartial arbiter to weigh and impose a just sentence,” commissioners wrote. “What about a person who was previously convicted, but now stands accused of a new crime? He or she is a ‘criminal’ by his definition, but is also, in fact, clothed in the presumption of innocence — entitled to nothing less than the cold neutrality of an impartial arbiter.”

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Flynn reportedly agreed that his comments during the campaign were inappropriate and expressed remorse. The commission also pointed out that he has no prior disciplinary history with the Florida Bar nor any other issues during his short time on the bench.

“Indeed, the Respondent previously served on a Bar Grievance Committee — a fact which the Commission believes puts the Respondent into the ‘should have known better’ category,” commissioners wrote. “Following the rules and fair play are concepts ingrained in lawyers and judges to protect the integrity of the judicial system.”

Commissioners initially recommended a 30-day suspension but reduced it to 25 days as part of the agreement. Neither Flynn nor his attorney could be reached for comment.

The Florida Supreme Court will decide whether to impose the suspension.

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