Legal Ethics

Judge removed by top state court for long-ago conduct in class action, before she took the bench

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A Florida judge has been removed from office for conduct she engaged in more than a decade ago, as a practicing attorney, before she took the bench.

Agreeing with a Judicial Qualifications Commission panel that removal was the proper penalty, the state supreme court ruled in a Thursday opinion (PDF) that Broward Circuit Judge Laura Marie Watson must leave her job. Watson can still seek a rehearing, and it isn’t clear from the opinion exactly when the penalty may be imposed, reports the South Florida Sun Sentinel.

At issue in the ethics case was Watson’s conduct as an attorney jointly representing plaintiff medical providers in a class action alleging that Progressive Insurance Co. underpaid personal injury protection (PIP) benefits. Eventually, other counsel took on a related bad-faith case against Progressive at the request of the PIP attorneys.

When offered a tempting settlement on behalf of the PIP clients, the PIP lawyers agreed to it without adequately informing and consulting with clients that had bad-faith claims, the supreme court said.

Also at issue were settlement funds for attorney’s fees (amounting to well over $10 million) for all of the plaintiffs’ lawyers: The money was supposed to deposited into a joint escrow account, but wasn’t.

“Judge Watson’s actions while a practicing attorney, and her demeanor during these proceedings “cast serious doubts on her ability to be perceived as truthful by those who may appear before her in her courtroom,” the supreme court concluded. “Accordingly, we find that removal is the appropriate sanction.”

Related coverage:

ABAJournal.com: “Judge should lose job for mishandling a case 10 years ago, when still in practice, ethics panel says”

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