before the florida inquiry concerning a … · 2018-06-15 · provided a character reference letter...
TRANSCRIPT
Filing # 73644687 E-Filed 06/15/2018 02:55:24 PM
BEFORE THE FLORIDAJUDICIAL QUALIFICATIONS COMMISSION
INQUIRY CONCERNING A JUDGE, JQC No. 2018-108
THE HONORABLE DEBORAH WHITE-LABORA
NOTICE OF FORMAL CHARGES
t| TO: The Hon. Deborah White-LaboraCounty Judge, Miami-Dade CountyLawson Thomas Courthouse175 N.W. 1st Avenue, Room CHC 2327Miami, FL 33128
The Investigative Panel of the Florida Judicial Qualifications Commission, at its meeting
on June 7, 2018, by a vote of the majority of its members, pursuant to Rule 6(f) of the Rules of
the Florida Judicial Qualifications Commission and Article V, Section 12 (b) of the Constitution
. of the State of Florida, finds that probable cause exists for formal proceedings to be instituted
against you. Probable cause exists on the following formal charges:
1. In January of 2018, you wrote a character reference letter on behalf of a criminal defendant
awaiting sentencing in federal court. USA v. Sam Konell 1:17-cr-20388 (SDFL). This
oletter was written on your judicial letter head, and signed "Deborah White-Labora, County
Court Judge." Your letter is attached hereto as "JQC Exhibit A."
2. Such character reference letters are prohibited by the Canons and have resulted in
published disciplinary cases. See, In re Abel, 632 So. 2d 600 (Fla. 1994) (holding that
judge's sending letter, as character witness and reference on behalf of a criminal
defendant, on official court stationary to sentencing court warrants public reprimand). See
also, In re Ward, 654 So. 2d 549 (Fla. 1995) (public reprimand imposed where judge
provided a character reference letter on judicial stationary on behalf of a defendant
awaiting sentencing in Federal Court).
3. Your public support for this defendant was noted in an article published by the Miami-
Herald.
Your actions constitute inappropriate conduct that violate Canons 1 and 2 of the Florida
Code of Judicial Conduct.
You are hereby notified of your right to file a written answer to these charges within
twenty (20) days of service of this notice upon you. The original of your response and all
subsequent pleadings must be filed with the Clerk of the Florida Supreme Court, in
accordance with the Court's requirements. Copies of your response should be served on the
undersigned Counsel for the Judicial Qualifications Commission, and the General Counsel of
the Commission.
Dated: this_day of June, 2018.
FOR THE INVESTIGATIVE PANEL OF THEJUDICIAL QUALIFICATIONS COMMISSION
Alexander John WilliamsASSISTANT GENERAL COUNSEL
Florida Bar No. 99225P.O. Box 14106Tallahassee, Florida 32317(850) [email protected]
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Formal
Charges has been furnished by electronic service, on this the June, 2018, to the
following:
Hon. Deborah White-LaboraCounty Judge, Miami-Dade CountyLawson Thomas Courthouse175 N.W. 1st Avenue, Room CHC 2327Miami, FL 33128
Alexar/der John WilliamsASSISTANT GliNiiRAL COUNSliL
Case 1:17-cr-20388-JEM Document 46 Entered on FLSD Docket 01/24/2018 Page 10 of 11
JQC Exhibit "A"
COUNTY COURT
ELEVENTH dUDICIAL CtRCUsT OF FLORIDA
DEBORAH WHITE- LA BO RA75 NW F!Rbr AVENUE
January 24, 2018
Re: Mr. Sam Konell
To IIonorable Judge Jose Martiner
I have been a judge in Miami-Dade County for over 28 years andfrom 2008 to 2012 1 had the opportunity to serve as the adult felony DrugCourt judge. I am writing this letter of recommendation to express mysupport for Mr. Sam Konell. Our court was the first Drug Court in the worldand is also the largest with over 800 active participants. During the time Iheaded the court over 30 people worked with our court on a daily basis. Ionly mention these facts to give some insight in to the scope of theorganization so you can appreciate the significance of my assessment thatMr. Konell was always a valued resource for our mentally iU participants.Although he did not work directly for the court, he was a tremendousresource to the Drug Court team during my tenure.
Mr. Konell was often called into court by our Assistant PublicDefender when we became aware that a defendant was seriously mentaHvill IIe was always willing to help and, on many occasions, v.as able toarrange safe transport fi·cm the jail to a crisis unit or hospital Moreimportantly. from a judicial perspective, he was always fully accountable to
the court for updates on status and other issues. On those occasions when aDefendant violated the conditions of his or her release, Mr. Konell ahvays
immediately brought the matter to the attention of the judge. It is not anexaggeration to say that he became an asset to virtually every judge in the
building. He also helped hundreds, if not thousands, of mentally illdefendants.
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Case 1:17-cr-20388-JEM Document 46 Entered on FLSD Docket 01/24/2018 Page 11 of 11
I was very surprised and saddened :o learn of Mr. KoncH's arrest. I
am, however, very happy to be able to provide a reference to him. In myopinion he is someone who can and will learn from his mistakes. Ife isdeserving of any consideration the court may find appropriate to give.
Please do not hesitate to contact me at 305-349-5750 or
dwhitelaboraGiudl1.flcourts.ora ifyouneed any additional information.
Sincerely.
Deborah White-LaboraCounty Court Judge
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