Fla. S.C. Considers Discipline for Appeals Judge’s Opinion

The Florida Supreme Court grilled lawyers from both sides of an unprecedented dispute involving the possible discipline of a judge for critical remarks he made in a written opinion.

If the August recommendation by the Judicial Qualification Commission to discipline 1st District Court of Appeal Judge Michael E. Allen is followed, it would be the first time a judge has been sanctioned for authoring an opinion, the Pensacola News Journal reports.

The disciplinary body has recommended that Allen be formally reprimanded for a 2006 opinion in which he questioned the actions of fellow Judge Charles Kahn.

During oral argument, Justice Barbara Pariente reportedly characterized Allen's words as "a blatant, all-out personal attack on Judge Kahn."

But Justice Charles Wells wondered out loud whether disciplining Allen would invite similar actions in the future.

"I'm gravely concerned in this situation with the slippery slope," Wells is quoted saying. "We would be remiss if we allowed the JQC to become (an agency of) judicial evaluation."