‘Shut up and sit down’: Seminole County judge faces 60-day suspension for abusive behavior

A Seminole County judge acted like a “playground bully” during court proceedings, cursing defendants and robbing them of their rights, a panel of the Florida Judicial Qualifications Commission announced Monday.

Circuit Court Judge Wayne Culver is now facing – for a second time – a potential 60-day suspension without pay from the Florida Supreme Court over two cases in early 2022 where he held or threatened to hold several people in contempt of court. But the high court rejected the 60-day penalty in 2022, raising questions over whether it will find this recommendation sufficient.

In February 2022, Culver held Samuel Perez in criminal contempt for failing to complete a domestic violence program and sentenced him to 179 days in jail, the maximum number of days possible.

Perez was immediately taken into custody, as Culver denied Perez’ request to speak on his own behalf. When a woman in the court gallery subsequently attempted to address Culver, he told her, “Ma’am, sit down or you’re going into custody as well.”

Perez later successfully appealed his case and had his sentence vacated, although he had already spent over a month in jail. The appeals court found Culver’s ruling had failed to comply with Florida law. The Commission’s investigative panel later found it was a violation of due process not to allow Perez his right to be heard.

The day after he confronted Perez, Culver yelled at a defendant, Kevin Newton, who had entered the courtroom in the middle of a hearing to “shut up and sit down.” When the defendant told him he had encountered trouble finding a seat in the gallery to await his hearing, Culver responded with profanity.

“That’s not shutting up. You want to be held in contempt and go to jail? I asked you a f—ing question, a–hole,” Culver said. The Commission found that Culver hadn’t allowed Newton his right to be heard as well.

The Commission found that in each case Culver violated aspects of Florida’s judicial canon including: he did not establish, maintain and enforce the highest standards of conduct; did not promote judicial confidence in the integrity and impartiality of the judiciary; and was not faithful to the law, patient, dignified and courteous.

Several figures from the 18th Circuit Court testified on behalf of Culver’s character including State Attorney Phil Archer, current Chief Judge Charles Crawford, former Chief Judge Jessica Recksiedler and Seminole County chief assistant public defender James Dowdy.

Culver has apologized to other judges on the circuit court for his conduct and any potential embarrassment to the judiciary. He told the Commission his behavior arose from stress due to serving as his ailing father’s primary caregiver. He has been seeing a psychologist since April 2022 and has taken an anger management course.

The Judicial Qualifications Commission began investigating Culver that same month for the case involving Newton.

Culver and the Commission had reached a settlement in 2022 recommending the same 60-day suspension as punishment. The state Supreme Court rejected the settlement and ordered a full hearing, which expanded to include the second case from that February.

It will be up to the Supreme Court to implement the recommended punishment.

In addition to the suspension, the panel also recommended Culver be publicly reprimanded and undergo further anger management courses and stress treatment.