Judicial oversight panel: Ex-lawmaker's comments show ‘unfitness to serve'
Former Sen. Gary Farmer, now a Broward circuit judge, is at risk of discipline for various "dad jokes" and inappropriate remarks from the bench. (Screenshot via Florida Channel)
Former state Senate Democratic leader-turned-Broward Circuit Court Judge Gary Farmer is unfit to serve in that capacity, according an advisory panel to the Florida Supreme Court.
Florida's Judicial Qualifications Commission recommended Thursday that the high court suspend Farmer from his post pending the outcome of removal proceedings. The Supreme Court has ordered Farmer to respond to the recommendation by April 21.
Late last year, the commission began investigating inappropriate comments Farmer made earlier in the year. Further investigation found several more remarks they eventually included in their recommendation to suspend the judge.
'Through his extensive misconduct, occurring over a lengthy period of time, Judge Farmer has damaged the public's perception of the judiciary and the judicial branch in such a way that he has demonstrated a present unfitness to serve,' the 13-page recommendation of suspension states.
Farmer has characterized at least some of his comments as 'dad jokes' to reduce stress in the courtroom, while the JQC said his comments were demeaning and potentially humiliating.
The panel, comprising judges, attorneys, and non-lawyers appointed by the governor, wrote that Farmer mocked a litigant in August who was expecting three children with different women.
'Ok, you've been busy,' Farmer said, according to court documents. '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, Farmer told the defendant he was 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.'
In another instance, Farmer played music from his phone for more than 80 seconds, the panel wrote, 'which you referred to as the 'song of the day.' When nobody knew the name of the song you played, you said, 'That means nobody gets the Golden Oreo today. I've got a bunch of regular Oreos you can have but the Golden Oreo has to be earned. Okay, back to business.''
Farmer told the investigative panel, 'I don't think we can say, as judges, that we never — there's never a light moment or a joke in Court, so I don't want to overstate it, but I am not doing bad jokes anymore.'
'Respectfully, the Investigative Panel is amply justified in not trusting Judge Farmer's judgement in this regard,' the JQC wrote.
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The panel took issue with Farmer 'prejudging the outcomes of future cases, not yet before him,' relating to laws permitting deadly force in self-defense.
During his six years in the Senate, Farmer filed several pieces of gun-safety legislation.
Farmer wrote in an order that in Stand Your Ground cases with credibility issues, 'the prosecutor will never be able to prove by clear and convincing evidence that the defendant wasn't reasonably in fear of imminent harm (i.e. proof of a negative). This doesn't make sense to the Court, but it is the law of Florida and the Court is duty bound to apply it.'
The panel found that Farmer quoted a Marlon Wayans sketch, acknowledging as he did so that he should not have.
'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!''
The report continues:
'Finally, the Investigative Panel dismisses, out-of-hand, any suggestion that Judge Farmer's conduct was not violative of the Code because some people laughed at his comments or did not complain about being offended. The simple fact of the matter is that Judge Farmer's position as a judge provided him with a captive audience who would naturally and understandably be willing to laugh and reticent to complain.'
'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!' Apparently, these are some of what you referred to as your 'exceptionally, exceptionally bad jokes.''
''I called the incontinence hotline. They told me to hold.' 'Mr. [attorney present in court] is aghast.''
'My [court] notes are like Shakira's hips. They don't lie.'
'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.' After a moment of silence, the attorney replied 'Don't give up your day job.''
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