A Miami-Dade judge, Circuit Judge David C. Miller, is under fire for the way he handled crowd noise at the courthouse. As reported by Law.com, the incident happened back in January (which tbh seems like a million years ago) when Miller was presiding over a tobacco trial and he said courthouse guests that had gathered in the lobby for Miami-Dade Circuit Judge William Altfield’s investiture disturbed his courtroom.
According to a report from the Judicial Qualifications Commission Chair Krista Marx, after first sending the bailiff and court clerk to quiet the disruption, Miller personally got involved, which included “yelling and waving his arms at the people in the lobby while trying to get them be quiet.” He also admonished a guest, “Do not shake your head at me,” and threatened to hold her in contempt. The ruckus Miller caused actually disrupted another trial in a different courtroom.
Suffice it to say the Commission wasn’t pleased with Miller’s behavior:
“The commission is particularly disturbed by Judge Miller’s repeated threat to hold one of the people in the lobby in contempt for shaking her head in disbelief over Judge Miller’s behavior,” Marx’s report said. “Judge Miller had other options available for dealing with the disruption to his trial, such as taking a recess or calling court administration to ask for assistance. The method he ultimately chose to employ reflected poorly on himself, and the judiciary as a whole.”
The report further said the incident violated three judicial ethical canons: creating an independent and honorable judiciary, promoting public confidence, and being patient, dignified, and courteous with all people a judge comes in contact with in an official capacity.
The report recommends a reprimand for Miller’s behavior. The Florida Supreme Court will review the JQC’s recommendation.
Miller has signed a stipulation conceding his conduct was inappropriate.
Read the Commission’s full report below.
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).