There is some debate about provenance, but several famous actors have been credited with "Dying is easy. Comedy is hard.” (Some say: Gregory Peck, Jack Lemmon, Edmund Gwenn, and the list goes on). Regardless of who said it, there is a ring of truth. Anyone who ever told a joke knows this. Some punchlines land where you intended, and others just hover in the room and stink.
That said, humor in the legal profession is infinitely more difficult. Sure, there are those who go there. See Laugh and World Laughs with You (August 2019), Humor and Failure (August 2022); Science or Art (November 2023), and Funny or Offensive (October 2022). Humor persists in the judicial world, but it is literally in the ear of the beholder.
Hollywood has certainly made humorous references about the judiciary. The characters in examples such as Boston Legal (20th Century, 2004-2008), From the Hip (Lionsgate, 1987), My Cousin Vinny (20th Century, 1992), and more have made light of the legal system and judges.
Perhaps the most glaring caricature was Judge Stone from Night Court (Warner Bros. 1984-1992). The character was irreverent, and both told jokes and performed magic tricks in first-appearance court. Fandom describes the character as displaying "zany antics and (a) goofball sense of humor." The show was popular. That said, it was Hollywood. Is "goofball" something to be sought?
The topic of judicial humor returned to my focus on reviewing allegations pending against a judge regarding humor. The Qualification Commission has alleged that some attempts at humor "were wholly inappropriate, undignified, or discourteous." It has recommended a judge's suspension for the comments, and the case remains pending. In the allegations, any judge may find guidance and instruction.
My point here is not to suggest any conclusion regarding the allegations; that is for the Supreme Court. Instead, the reader is encouraged to consider the quoted material that follows from the beholder's perspective suggested. In view of the broadest constraint or interpretation, would the reasonable person find the comments funny? (Think Jimmy Stewart, perhaps.)
Important in this regard, the "broadest" of the constraints in the ABA Model Code is likely Canon 1: "shall avoid impropriety and the appearance of impropriety." This is in Canon 2 of the Florida Code of Judicial Conduct. The challenge is that this precludes more than misfeasance, it precludes what others might perceive as misfeasance - back to the beholder.
Upon hearing the alleged jokes, what does the reasonable observer perceive, conclude, or believe? The following are from the Notice of Formal Charges filed by the Qualifications Commission.
Coincidentally, the accused judge referenced Night Court: "...I’m thinking about doing some night court,” in possible reference to the popular show, its antics, and atmosphere.
While the entertainment value of a show that runs eight seasons may be hard to deny, one might nonetheless question whether that Hollywood perspective portrays a judiciary in which we see dignity, and in which the public would have confidence. The Preamble to the Florida Code stresses "respect," "honor," trust," and charges judges to "strive to enhance and maintain confidence in our legal system."
The following excerpts are offered for the reader's consideration and conclusions:
"in response to being informed that a litigant is expecting the birth of three children, you laughingly mock the litigant who was expecting three children with different women, exclaiming, 'Ok, you've been busy. You were just shooting all over the place! That’s good, do you know their names? First and last? Romantic are you? Don’t tell Susie about Jane don’t tell Jane about Mary God bless you man. One’s enough.'”"Later in the proceeding you tell the defendant that you are going to put him on pretrial release, “I’m going to order that you wear a condom at all times. For your own good, Ok?! Probation is going to check. No, I’m kidding. I’m kidding.”"you tell the defendant that he has been assigned a new attorney from the Public Defender’s Office. You laughingly instruct the defendant, 'You are going to get a new attorney: Ms. [female attorney] She’s going to reach out to you, Ok? Don’t get her pregnant.'”"while presiding over the matter involving State v. Georgia Smith, you begin singing a song about 'Sweet Georgia,' and you tell the defendant, 'You’re supposed to say ‘peachy’. How you doin’ Georgia? Peachy!' While the attorneys are discussing the status of the case, you continue to sing, ‘She gets her peaches down in Georgia’. ‘You get your weed in California.’"
"You play music from your phone while presiding over court proceedings. For example: ... on August 15, 2024, you played music from your phone for over 80 seconds, which you referred to as the 'song of the day.' (asking those present to guess the title of the song)."you referenced and quoted extensively from a comedy sketch that makes fun of gay people. Laughing, and in a mocking voice you say, 'Marlon Wayans—In Living Color. Two snaps and a sweater! He likes it when the Oilers play the Packers! He used to be a tight end! Now he’s a wide receiver. Oh, that’s bad. Court reporter in the sky, please! Strike that from the record!'”"While presiding over the August 15, 2024 hearing you said, 'Spring is here, I got so excited I wet my plants' and 'What did the shirt say to the pair of pants? Wassup britches!'"While presiding over first appearances on October 15, 2023, you: ... chided a defendant that she did not own the Broward mall, ... to which she replied, 'Yes I do, sir.' Ordering a mental health evaluation, you called the next case and joked to those in attendance that you should have asked for a discount.”"In a bond proceeding, the defendant’s attorney jokingly said, 'I gotta tell you judge, in the history of kidnappings, this would be the first time someone gets kidnapped and taken to a strip club...' You laughingly replied, 'J was about to say, I think there’s a long list of husbands who have claimed exactly that in the past. We’ve all been taken against our will.'”"presiding over a felony criminal docket ... 'J was watching Nova last night... there was a story about a king who was only 12 inches tall. He wasn’t much of a king, but he made a great ruler.' Nobody laughed, and a person present told you they had an update for you on a case.""After addressing that update, you laughingly chided the person that they 'kind of glazed over the joke. It was a great joke. Mr. [attorney] is all business when he gets in here. All business.'”"You then tell the person that if he 'had hair we would get you a mullet. Business up front, party in the rear.'”"Addressing a female attorney, you tell her that she has 'the glow of private practice on [her] face.'”"While taking a plea of guilty from a defendant ... you asked ... if he was under the influence of any alcohol or prescription medication. The defendant replies, 'No, sir.' You say, 'I’m gonna move on and accept that answer even though I have my doubts.' When the defendant asks what you mean, you laughingly ask him, 'Do you drink Courvoisier?' When the defendant asks you to repeat yourself, you say, 'Nothing' and laughed.""While presiding over a felony criminal docket on July 22, 2024 ... During a pause in proceedings, you ask an attorney 'Are you a fan of the Flintstone’s Mr. [attorney present]? It’s one of the most popular shows in the world. They don’t like it in Dubai though. I don’t know, but the people of Abu Dhabi do.'”"While presiding over the case of State v. Gregory Jacques, you laughingly joke, 'Mr. Jacque’s case is making me remember one of the best defendant’s names ever. Guys name was Jacques Drapp. Remember that one...?' There is no record of any (such) defendant ...""While discussing the issuance of multiple capias warrants, you inform the attorneys and court staff present that the 'correct plural form of capias is capiai...It’s the plural. Octopi. It’s just like octopus. You don’t say - well, I’m not even going to say it.'”"While presiding over a felony criminal docket on July 24, 2024: ... 'My neighbor got one of those chair lifts. I offered her twenty dollars for a ride. I think she’s gonna take me up on it. Try not to step on it, Mr. [attorney present in court]. We’re supposed to be working together here.'”"M's. [attorney present in court], good morning. That headband is not nearly as colorful as some of the ones you have been wearing this week. Little bit of a letdown, I’m not gonna lie. You look very nice, I’m just teasing.”“I called the incontinence hotline. They told me to hold.”“Mr [attorney present in court] is aghast.” “You heard about the new movie about diarrhea? It’s running all week.”“J watched iRobot... maybe we'll slow down on all this AI. stuff. Cause, I mean, I don’t know if [prosecutor] is a real person, or an automaton that’s been sent here to convict people.""Addressing the case of ... a homeless person without a fixed address, who had allegedly violated her probation by failing to be at her registered address and failing to check in for days, you criticized the probation officer who had filed the report. You said that this case was 'annoying,' and 'this is a case of an officer taking things to an extreme level. ... It just creates a disparate system of justice where somebody who is 'homeless can’t be put on a probation situation because of an anal-retentive probation officer.'”"You then denounced the probation officer.""While discussing the return of a defendant’s firearm at the completion of his case, you remarked, 'We are a country with a dru-gun addiction problem. And I hate it. But it’s the law. So, I enforce it.'”"While presiding over the case of Yahaira Torres, you lambasted an Assistant Public Defender over her personal political views. In response to her client’s answer that Joe Biden was President of the United States, APD Lucia Scatamacchia made a comment. You exclaimed, 'Unfortunately?! ‘Unfortunately’ did you say Ms. Scatamacchia? The greatest president, arguably we’ve ever had in our history?! The number one economy we ve ever had?! The stock market over 4,000? Did you really say- Are you a MAGA? Oh my goodness! Oh my gawd. Thank God you’re going to Dade County.'”"After conducting an ad hoc competency evaluation of the defendant, you continued, 'Next, I’m putting Ms. Scatamacchia under oath. I think there are serious questions about her competency now. Oh, my goodness gracious.'”"Later, while making legal findings of the defendant’s competency and accepting her guilty plea, you state, 'J find she is alert, oriented, cognizant of these proceedings and the consequences thereof. I find that she does not agree with Ms. Scatamacchia regarding our current president.'”"Later that day you continued to mock the beliefs of Assistant Public Defender Lucia Scatamacchia who had been in your courtroom with clients earlier that day. To an open courtroom you declared, 'Off the record, I am still reeling from Scatamacchia this morning. How can she- how can she MAGA AND a Public Defender? These things are mutually exclusive Oh my goodness gracious, that blew me away. All right, back on the record now.'”"While presiding over a felony criminal docket on July 31, 2024: 'I’m alittle bit down. A good friend of mine worked for Pepsi for 30 years. He just got laid off. He tested positive for coke.'”"While advising a defendant that she would have to get approval to travel, you joked that, '...in Hawaii it is illegal to laugh loudly? You have to keep it to aloha. A-lo-ha. Ma’am have a seat and think about that joke for a while. You’re going to be fingerprinted and meet with probation before you leave.'”"Jokingly referring to a court staff member who had returned to your courtroom as 'Peaches.' 'I’m Herb. Peaches and Herb.' Later you tell her, 'Don’t leave me Peaches. We just got reunited here.' And later, 'Thanks, Peaches.'"In response to an attorney’s question, '[Do] they not trust you with the first-degree felonies,' you responded, 'Guess not. The dad jokes don’t go well in murder cases, you know. It’s a little disconnect there. ...I’ve turned down four times moving up. I like it here. This is the people’s court. ...I’m thinking about doing some night court.'”“And your pants match! You've got gully (ph) bear pants too! Look at that.”"While attorneys were discussing the status of an outstanding warrant with you, you interrupted saying, 'Hold on a second. I can’t focus. I- I’m distracted by Mr. [attorney present in court’s] socks. ...from here, she looks like one of the kids on Despicable Me. That’s what I thought they were.'”“Mr. [attorney present in court] is that grinding sound I hear the gears in your brain working?”“Excuse me the deputy twins just walked in. You're going to hurt somebody with those eyelashes, girl. Gotta be careful giving a hug. Not unless its someone you want to let go of, either.”“Mr. [attorney present in court] go to law school.”“My [court] notes are like Shakira’s hips. They don’t lie.”"Addressing whether a defendant qualified for a sentence enhancement as a violent offender, you commented: 'Habitual Offender? You see her smile?'”"While attempting to persuade the prosecutor to provide a more favorable outcome for a defendant, you remarked, 'So State, you guys, please. He had a marijuana card. It was expired at the time of the accident. Can we please get a down charge?'”"Later, discussing the same case, you tell the prosecutor, 'Really a down charge would be appropriate- if not a nolle prose.'”“Z think Tavares is our highest-ranking platinum club member. I think he has got more cases and more appearances in this court than anybody.”When addressing a defendant named Lamour, you began singing, “My Cherie A’more.”
The examples are worthy of review and consideration. The constraints of the Code and the encouragement of the Preamble to the Florida Code: "respect," "honor," trust," and "strive(ing) to enhance and maintain confidence in our legal system" will perhaps each be considered.
