Trials & Litigation

Ex-Judge Faces Ethics Case, as Lawyer, re Alleged Chats with Murder Prosecutor While Still On Bench


A prosecutor who reportedly may have chatted extensively with a Florida judge during a time when he was trying a capital murder case in her court has been facing renewed legal ethics scrutiny since June.

But then-Broward Circuit Judge Ana Gardiner avoided the same problem by resigning from the bench and returning to private practice. Now, however, Gardiner is also facing a legal ethics case as an attorney over the same claimed conduct, the Daily Business Review reports in an article reprinted in New York Lawyer (reg. req.).

A Miami-Dade grievance committee of the Florida Bar found probable cause last month to charge Gardiner with three ethics violations, and a complaint will now be drafted detailing the charges of misconduct, misrepresentation and conduct prejudicial to the administration of justice against Gardiner. She is a partner with Cole, Scott & Kissane.

An ethics complaint is still pending against prosecutor Howard Scheinberg after a probable cause finding in June.

Earlier coverage:

ABAJournal.com: “Judge Accused, Prosecutor Cleared re 3,388 Calls & Texts During & After Death-Penalty Case”

ABAJournal.com: “Complaint Against Judge Puts Ex-Prosecutor Back on Hot Seat re Claimed Ex Parte Contacts”

ABAJournal.com: “Judge Resigns, Avoiding Ethics Probe re Alleged Relationship with Prosecutor”

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