Sc13-1333 Motion Partial Summary - Florida Supreme … and Fla. R. Civ. P. 1.510, hereby files this...
Transcript of Sc13-1333 Motion Partial Summary - Florida Supreme … and Fla. R. Civ. P. 1.510, hereby files this...
1 kelmnically Filed 101420l3 LO l221 Ahl I I
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BEFOR E THE FLORIDA JUDlCI A1 QUAllFICATIONS COMMlSS10N STATE OF FLORIDA
SCl3-1333 INQUIRY CONCERN1NG A JUDGE No 12-613
LAURA M WATSON
MOTION FOR PA RTIAL SUMMARY JUDGMENT AS TO Til E JOCS CLAIMS THAT JUDGE WATSON VIOLATED THE PREAMBLE AND
CANONS I AND 2A OF THE CODE OF JUDICIAL CONDUCT AND INCORPORATED MEMORANDUM OF LAW
COMES NOW Judge Laura M Watson and pursuant to Rule 12(a)
FJQCR and Fla R Civ P 1510 hereby files this Motion for Pattial Summary
Judgment and Memorandum of Law in support thereof and states as follows
Notwithstanding that the allegations in the Notice of Formal Charges are
demonstrably false and occurred over ten years ago a circuit court judge is a
constitutional officer with a property right in the office and constitutional
guarantees of substantive and procedural due process and equal treatment under the
law pursuant to the state and federal constitutions This prosecution not only
violates Judge Watsons constitutionally guaranteed rights but is a transparent
effolt to try to use the JOC to impact existing and ongoing litigation on a pending
motion for substantial attorneys fees and costs as well as a pending Libel and
Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years ago
when Judge Watson was a practicing attorney and not a judge was not a candidate
for judicial office and was not performing any judicial function1 Based on this
alleged misconduct the JQC has claimed that Judge Watson violated the Code of
Judicial Conduct The alleged violations cannot serve as a basis for a violation of
the Code of Judicial Conduct
The Florida Supreme Court has stated definitively The Code of Judicial
Conduct governs the activities of all members of the judiciary even those seeking
to become members Canons 1 2 and 3 however are directed only to a judge and
hence cannot constitute an independent violation as to a judicial candidate who is
not yet a judge In re Kinsey 842 So2d 77 85 (Fla 2003) Consequently even
when viewed in the light most favorable to the JQC for purposes of summary
judgment the facts do not support a finding of liability on the part of Judge
Watson for violations of the Preamble and Canons 1 and 2A of the Code of
Judicial Conduct for the alleged misconduct of Judge Watson when she was a
practicing attorney and not a judge was not a candidate for judicial office and
i Though Judge Watson believes that the JQC should stipulate to these facts in an abundance of caution an affidavit setting forth these facts is filed under separate cover and attached hereto
2
was notperforming anyjudicialfunction
STATEMENT OF UNDISPUTED FACTS
There is no dispute that the JQC instituted proceedings against Judge Watson
based on allegations that Judge Watson violated the Preamble and Canons 1 and
2A of the Code of Judicial Conduct as well as various alleged violations of the
Florida Rules of Professional Conduct See Notice ofFormal Charges pp1 7 and
8 It is also undisputed that the charges filed by the JQC are based upon acts
alleged to have occurred between 2002-2004 The JQC claims that [t]hese acts if
they occurred as alleged would impair the confidence of the citizens of this State
in the integrity of the judicial system and in [Judge Watson] as a judge would
constitute a violation of the Preamble and Canons of the Code of Judicial
Conduct Notice ofFormal Charges pp 7- 8
It is also undisputed that the conduct in question occurred approximately ten
years ago when Judge Watson was not a judge but was a practicing attorney was
not a candidate for judicial office and was not performing any judicial function
Based on this alleged misconduct the JQC has claimed that Judge Watson violated
the Code of Judicial Conduct
The gravamen of the Notice ofFormal Charges is that on or about June 18
3
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others The lawsuit was brought in the Fifteenth Judicial Circuit in Palm Beach
County Florida under the case of Stewart Tilghman Fox amp Bianchi PA William
C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M Watson
PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys Fees
Litigation
In the Attorneys Fees Litigation the Stewart Lawyers claimed that certain
attorneys including Judge Watson engaged in a myriad of conduct including a
Breach of Fiduciary Duty Constructive Fraud Fraud in the Inducement and
Quantum Meriut Unjust Enrichment The Stewart Lawyers also sought to impose
a Constructive Trust claim against Judge Watson and Watson PA for the
attorneys fees and costs received by the firm
Despite filing the Attorneys Fees Litigation suit in June 2004 Larry Stewart
waited until 2008 to file a complaint with The Florida Bar alleging improper
conduct between 2002- 2004 In 2008 even though Judge Watson was personally
vindicated Judge Crows order was also forwarded to The Florida Bar to consider
whether the 2004 settlement violated any Rules of Professional Conduct The
4
L
matter remained with Bar Counsel and was not assigned to a grievance committee
until four years later in 2012 when Watson decided to run for circuit court judge
The Florida Bar issued its probable cause finding on or about October 22 2012
during the early voting phase of the general election
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice ofFormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A
MEMORANDUM OF LAW
SUMMARY JUDGMENT STANDARD
Rule 1510 Florida Rules of Civil Procedure pertaining to summary
judgments provides as follows
The judgment sought shall be rendered forthwith if the pleadings depositions answers to interrogatories and admissions on file together with the affidavits if any show that there is no genuine issue at to any material fact and that the moving party is entitled to a judgment as a matter of law
The Florida Supreme Court and District Courts of Appeal interpret this rule to
require that once the movant sustains hisher initial burden the opponent has the
burden to come forward with counter-evidence revealing a factual issue The
5
movant need not exclude every possible inference that the opposing party might
have other evidence available to prove his case If the opponent does not come
forward with any affidavit or other proof in opposition to a motion for summary
judgment the movant need only establish a prima facie case whereupon the court
may enter such judgment See Harvey Building Inc v Haley 175 So2d 780 (Fla
1965) Accord Page v Staley 226 So2d 129 (Fla 4th DCA 1969) Turner
Produce Co V Lake Shore 217 So2d 856 (Fla 4th DCA 1969) Proprietors
Insurance Company v Siegel 410 So2d 993 (Fla 3d DCA 1982)
II JUDGE WATSON IS ENTITLED TO PARTIAL SUMMARY
JUDGMENT AS A MATTER OF LAW WHERE THE JQC HAS CHARGED HER WITH VIOLATIONS OF THE PREAMBLE AND CANONS 1 AND 2A OF THE CODE OF JUDICIAL CONDUCT FOR
ALLEGED MISCONDUCT WHEN SHE WAS NOT A JUDGE OR ACTING IN A JUDICIAL CAPACITY
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice offormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A The
Florida Supreme Court has unequivocally stated that Canons 1 2 and 3 of the
Code of Judicial Conduct govern the actions of a sitting judge solely and cannot be
applied to a candidate for judge or to a person who is not acting in a judicial
6
capacity In re Kinsey at 85
Judge Kinsey was charged with eleven ethical violations for alleged
misconduct that occurred during her election campaign For each of the eleven
charges brought by the JQC the Commission claimed that Judge Kinseys actions
not only violated Canon 7 of the Code of Judicial Conduct- which governs
lawyers who are candidates for judicial office- but claimed that this same conduct
also violated Canons 1 2 or 3 of the Code of Judicial Conduct The Supreme
Court held that these canons do not apply to a judicial candidate
As an initial assertion Judge Kinsey posits that she should not be
found guilty of violating Canon I Canon 2A Canon 3B(5) and Canon 3B(9) because Canon 7 is the only canon applicable to the charges
We agree The Code of Judicial Conduct governs the activities of all
members of the judiciary even those seeking to become members
Canons I 2 and 3 however are directed only to a judge and hence
cannot constitute an independent violation as to a judicial candidate
who is notyet a judge (emphasis added) In re Kinsey at 85
Without any doubt the Supreme Court found that Canons 1 2 and 3 of the Code
of Judicial Conduct only applies to judges as defmed by the Code as Article V
Florida Constitution judges and where applicable those persons performing
judicial functions under the direction or supervision of an Article V judge Fla
Code Jud Conduct Definitions id Though Justice Lewis dissented his opinion
focused on his position that judicial candidates should be held to the same 7
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years ago
when Judge Watson was a practicing attorney and not a judge was not a candidate
for judicial office and was not performing any judicial function1 Based on this
alleged misconduct the JQC has claimed that Judge Watson violated the Code of
Judicial Conduct The alleged violations cannot serve as a basis for a violation of
the Code of Judicial Conduct
The Florida Supreme Court has stated definitively The Code of Judicial
Conduct governs the activities of all members of the judiciary even those seeking
to become members Canons 1 2 and 3 however are directed only to a judge and
hence cannot constitute an independent violation as to a judicial candidate who is
not yet a judge In re Kinsey 842 So2d 77 85 (Fla 2003) Consequently even
when viewed in the light most favorable to the JQC for purposes of summary
judgment the facts do not support a finding of liability on the part of Judge
Watson for violations of the Preamble and Canons 1 and 2A of the Code of
Judicial Conduct for the alleged misconduct of Judge Watson when she was a
practicing attorney and not a judge was not a candidate for judicial office and
i Though Judge Watson believes that the JQC should stipulate to these facts in an abundance of caution an affidavit setting forth these facts is filed under separate cover and attached hereto
2
was notperforming anyjudicialfunction
STATEMENT OF UNDISPUTED FACTS
There is no dispute that the JQC instituted proceedings against Judge Watson
based on allegations that Judge Watson violated the Preamble and Canons 1 and
2A of the Code of Judicial Conduct as well as various alleged violations of the
Florida Rules of Professional Conduct See Notice ofFormal Charges pp1 7 and
8 It is also undisputed that the charges filed by the JQC are based upon acts
alleged to have occurred between 2002-2004 The JQC claims that [t]hese acts if
they occurred as alleged would impair the confidence of the citizens of this State
in the integrity of the judicial system and in [Judge Watson] as a judge would
constitute a violation of the Preamble and Canons of the Code of Judicial
Conduct Notice ofFormal Charges pp 7- 8
It is also undisputed that the conduct in question occurred approximately ten
years ago when Judge Watson was not a judge but was a practicing attorney was
not a candidate for judicial office and was not performing any judicial function
Based on this alleged misconduct the JQC has claimed that Judge Watson violated
the Code of Judicial Conduct
The gravamen of the Notice ofFormal Charges is that on or about June 18
3
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others The lawsuit was brought in the Fifteenth Judicial Circuit in Palm Beach
County Florida under the case of Stewart Tilghman Fox amp Bianchi PA William
C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M Watson
PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys Fees
Litigation
In the Attorneys Fees Litigation the Stewart Lawyers claimed that certain
attorneys including Judge Watson engaged in a myriad of conduct including a
Breach of Fiduciary Duty Constructive Fraud Fraud in the Inducement and
Quantum Meriut Unjust Enrichment The Stewart Lawyers also sought to impose
a Constructive Trust claim against Judge Watson and Watson PA for the
attorneys fees and costs received by the firm
Despite filing the Attorneys Fees Litigation suit in June 2004 Larry Stewart
waited until 2008 to file a complaint with The Florida Bar alleging improper
conduct between 2002- 2004 In 2008 even though Judge Watson was personally
vindicated Judge Crows order was also forwarded to The Florida Bar to consider
whether the 2004 settlement violated any Rules of Professional Conduct The
4
L
matter remained with Bar Counsel and was not assigned to a grievance committee
until four years later in 2012 when Watson decided to run for circuit court judge
The Florida Bar issued its probable cause finding on or about October 22 2012
during the early voting phase of the general election
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice ofFormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A
MEMORANDUM OF LAW
SUMMARY JUDGMENT STANDARD
Rule 1510 Florida Rules of Civil Procedure pertaining to summary
judgments provides as follows
The judgment sought shall be rendered forthwith if the pleadings depositions answers to interrogatories and admissions on file together with the affidavits if any show that there is no genuine issue at to any material fact and that the moving party is entitled to a judgment as a matter of law
The Florida Supreme Court and District Courts of Appeal interpret this rule to
require that once the movant sustains hisher initial burden the opponent has the
burden to come forward with counter-evidence revealing a factual issue The
5
movant need not exclude every possible inference that the opposing party might
have other evidence available to prove his case If the opponent does not come
forward with any affidavit or other proof in opposition to a motion for summary
judgment the movant need only establish a prima facie case whereupon the court
may enter such judgment See Harvey Building Inc v Haley 175 So2d 780 (Fla
1965) Accord Page v Staley 226 So2d 129 (Fla 4th DCA 1969) Turner
Produce Co V Lake Shore 217 So2d 856 (Fla 4th DCA 1969) Proprietors
Insurance Company v Siegel 410 So2d 993 (Fla 3d DCA 1982)
II JUDGE WATSON IS ENTITLED TO PARTIAL SUMMARY
JUDGMENT AS A MATTER OF LAW WHERE THE JQC HAS CHARGED HER WITH VIOLATIONS OF THE PREAMBLE AND CANONS 1 AND 2A OF THE CODE OF JUDICIAL CONDUCT FOR
ALLEGED MISCONDUCT WHEN SHE WAS NOT A JUDGE OR ACTING IN A JUDICIAL CAPACITY
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice offormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A The
Florida Supreme Court has unequivocally stated that Canons 1 2 and 3 of the
Code of Judicial Conduct govern the actions of a sitting judge solely and cannot be
applied to a candidate for judge or to a person who is not acting in a judicial
6
capacity In re Kinsey at 85
Judge Kinsey was charged with eleven ethical violations for alleged
misconduct that occurred during her election campaign For each of the eleven
charges brought by the JQC the Commission claimed that Judge Kinseys actions
not only violated Canon 7 of the Code of Judicial Conduct- which governs
lawyers who are candidates for judicial office- but claimed that this same conduct
also violated Canons 1 2 or 3 of the Code of Judicial Conduct The Supreme
Court held that these canons do not apply to a judicial candidate
As an initial assertion Judge Kinsey posits that she should not be
found guilty of violating Canon I Canon 2A Canon 3B(5) and Canon 3B(9) because Canon 7 is the only canon applicable to the charges
We agree The Code of Judicial Conduct governs the activities of all
members of the judiciary even those seeking to become members
Canons I 2 and 3 however are directed only to a judge and hence
cannot constitute an independent violation as to a judicial candidate
who is notyet a judge (emphasis added) In re Kinsey at 85
Without any doubt the Supreme Court found that Canons 1 2 and 3 of the Code
of Judicial Conduct only applies to judges as defmed by the Code as Article V
Florida Constitution judges and where applicable those persons performing
judicial functions under the direction or supervision of an Article V judge Fla
Code Jud Conduct Definitions id Though Justice Lewis dissented his opinion
focused on his position that judicial candidates should be held to the same 7
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
was notperforming anyjudicialfunction
STATEMENT OF UNDISPUTED FACTS
There is no dispute that the JQC instituted proceedings against Judge Watson
based on allegations that Judge Watson violated the Preamble and Canons 1 and
2A of the Code of Judicial Conduct as well as various alleged violations of the
Florida Rules of Professional Conduct See Notice ofFormal Charges pp1 7 and
8 It is also undisputed that the charges filed by the JQC are based upon acts
alleged to have occurred between 2002-2004 The JQC claims that [t]hese acts if
they occurred as alleged would impair the confidence of the citizens of this State
in the integrity of the judicial system and in [Judge Watson] as a judge would
constitute a violation of the Preamble and Canons of the Code of Judicial
Conduct Notice ofFormal Charges pp 7- 8
It is also undisputed that the conduct in question occurred approximately ten
years ago when Judge Watson was not a judge but was a practicing attorney was
not a candidate for judicial office and was not performing any judicial function
Based on this alleged misconduct the JQC has claimed that Judge Watson violated
the Code of Judicial Conduct
The gravamen of the Notice ofFormal Charges is that on or about June 18
3
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others The lawsuit was brought in the Fifteenth Judicial Circuit in Palm Beach
County Florida under the case of Stewart Tilghman Fox amp Bianchi PA William
C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M Watson
PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys Fees
Litigation
In the Attorneys Fees Litigation the Stewart Lawyers claimed that certain
attorneys including Judge Watson engaged in a myriad of conduct including a
Breach of Fiduciary Duty Constructive Fraud Fraud in the Inducement and
Quantum Meriut Unjust Enrichment The Stewart Lawyers also sought to impose
a Constructive Trust claim against Judge Watson and Watson PA for the
attorneys fees and costs received by the firm
Despite filing the Attorneys Fees Litigation suit in June 2004 Larry Stewart
waited until 2008 to file a complaint with The Florida Bar alleging improper
conduct between 2002- 2004 In 2008 even though Judge Watson was personally
vindicated Judge Crows order was also forwarded to The Florida Bar to consider
whether the 2004 settlement violated any Rules of Professional Conduct The
4
L
matter remained with Bar Counsel and was not assigned to a grievance committee
until four years later in 2012 when Watson decided to run for circuit court judge
The Florida Bar issued its probable cause finding on or about October 22 2012
during the early voting phase of the general election
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice ofFormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A
MEMORANDUM OF LAW
SUMMARY JUDGMENT STANDARD
Rule 1510 Florida Rules of Civil Procedure pertaining to summary
judgments provides as follows
The judgment sought shall be rendered forthwith if the pleadings depositions answers to interrogatories and admissions on file together with the affidavits if any show that there is no genuine issue at to any material fact and that the moving party is entitled to a judgment as a matter of law
The Florida Supreme Court and District Courts of Appeal interpret this rule to
require that once the movant sustains hisher initial burden the opponent has the
burden to come forward with counter-evidence revealing a factual issue The
5
movant need not exclude every possible inference that the opposing party might
have other evidence available to prove his case If the opponent does not come
forward with any affidavit or other proof in opposition to a motion for summary
judgment the movant need only establish a prima facie case whereupon the court
may enter such judgment See Harvey Building Inc v Haley 175 So2d 780 (Fla
1965) Accord Page v Staley 226 So2d 129 (Fla 4th DCA 1969) Turner
Produce Co V Lake Shore 217 So2d 856 (Fla 4th DCA 1969) Proprietors
Insurance Company v Siegel 410 So2d 993 (Fla 3d DCA 1982)
II JUDGE WATSON IS ENTITLED TO PARTIAL SUMMARY
JUDGMENT AS A MATTER OF LAW WHERE THE JQC HAS CHARGED HER WITH VIOLATIONS OF THE PREAMBLE AND CANONS 1 AND 2A OF THE CODE OF JUDICIAL CONDUCT FOR
ALLEGED MISCONDUCT WHEN SHE WAS NOT A JUDGE OR ACTING IN A JUDICIAL CAPACITY
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice offormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A The
Florida Supreme Court has unequivocally stated that Canons 1 2 and 3 of the
Code of Judicial Conduct govern the actions of a sitting judge solely and cannot be
applied to a candidate for judge or to a person who is not acting in a judicial
6
capacity In re Kinsey at 85
Judge Kinsey was charged with eleven ethical violations for alleged
misconduct that occurred during her election campaign For each of the eleven
charges brought by the JQC the Commission claimed that Judge Kinseys actions
not only violated Canon 7 of the Code of Judicial Conduct- which governs
lawyers who are candidates for judicial office- but claimed that this same conduct
also violated Canons 1 2 or 3 of the Code of Judicial Conduct The Supreme
Court held that these canons do not apply to a judicial candidate
As an initial assertion Judge Kinsey posits that she should not be
found guilty of violating Canon I Canon 2A Canon 3B(5) and Canon 3B(9) because Canon 7 is the only canon applicable to the charges
We agree The Code of Judicial Conduct governs the activities of all
members of the judiciary even those seeking to become members
Canons I 2 and 3 however are directed only to a judge and hence
cannot constitute an independent violation as to a judicial candidate
who is notyet a judge (emphasis added) In re Kinsey at 85
Without any doubt the Supreme Court found that Canons 1 2 and 3 of the Code
of Judicial Conduct only applies to judges as defmed by the Code as Article V
Florida Constitution judges and where applicable those persons performing
judicial functions under the direction or supervision of an Article V judge Fla
Code Jud Conduct Definitions id Though Justice Lewis dissented his opinion
focused on his position that judicial candidates should be held to the same 7
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others The lawsuit was brought in the Fifteenth Judicial Circuit in Palm Beach
County Florida under the case of Stewart Tilghman Fox amp Bianchi PA William
C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M Watson
PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys Fees
Litigation
In the Attorneys Fees Litigation the Stewart Lawyers claimed that certain
attorneys including Judge Watson engaged in a myriad of conduct including a
Breach of Fiduciary Duty Constructive Fraud Fraud in the Inducement and
Quantum Meriut Unjust Enrichment The Stewart Lawyers also sought to impose
a Constructive Trust claim against Judge Watson and Watson PA for the
attorneys fees and costs received by the firm
Despite filing the Attorneys Fees Litigation suit in June 2004 Larry Stewart
waited until 2008 to file a complaint with The Florida Bar alleging improper
conduct between 2002- 2004 In 2008 even though Judge Watson was personally
vindicated Judge Crows order was also forwarded to The Florida Bar to consider
whether the 2004 settlement violated any Rules of Professional Conduct The
4
L
matter remained with Bar Counsel and was not assigned to a grievance committee
until four years later in 2012 when Watson decided to run for circuit court judge
The Florida Bar issued its probable cause finding on or about October 22 2012
during the early voting phase of the general election
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice ofFormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A
MEMORANDUM OF LAW
SUMMARY JUDGMENT STANDARD
Rule 1510 Florida Rules of Civil Procedure pertaining to summary
judgments provides as follows
The judgment sought shall be rendered forthwith if the pleadings depositions answers to interrogatories and admissions on file together with the affidavits if any show that there is no genuine issue at to any material fact and that the moving party is entitled to a judgment as a matter of law
The Florida Supreme Court and District Courts of Appeal interpret this rule to
require that once the movant sustains hisher initial burden the opponent has the
burden to come forward with counter-evidence revealing a factual issue The
5
movant need not exclude every possible inference that the opposing party might
have other evidence available to prove his case If the opponent does not come
forward with any affidavit or other proof in opposition to a motion for summary
judgment the movant need only establish a prima facie case whereupon the court
may enter such judgment See Harvey Building Inc v Haley 175 So2d 780 (Fla
1965) Accord Page v Staley 226 So2d 129 (Fla 4th DCA 1969) Turner
Produce Co V Lake Shore 217 So2d 856 (Fla 4th DCA 1969) Proprietors
Insurance Company v Siegel 410 So2d 993 (Fla 3d DCA 1982)
II JUDGE WATSON IS ENTITLED TO PARTIAL SUMMARY
JUDGMENT AS A MATTER OF LAW WHERE THE JQC HAS CHARGED HER WITH VIOLATIONS OF THE PREAMBLE AND CANONS 1 AND 2A OF THE CODE OF JUDICIAL CONDUCT FOR
ALLEGED MISCONDUCT WHEN SHE WAS NOT A JUDGE OR ACTING IN A JUDICIAL CAPACITY
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice offormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A The
Florida Supreme Court has unequivocally stated that Canons 1 2 and 3 of the
Code of Judicial Conduct govern the actions of a sitting judge solely and cannot be
applied to a candidate for judge or to a person who is not acting in a judicial
6
capacity In re Kinsey at 85
Judge Kinsey was charged with eleven ethical violations for alleged
misconduct that occurred during her election campaign For each of the eleven
charges brought by the JQC the Commission claimed that Judge Kinseys actions
not only violated Canon 7 of the Code of Judicial Conduct- which governs
lawyers who are candidates for judicial office- but claimed that this same conduct
also violated Canons 1 2 or 3 of the Code of Judicial Conduct The Supreme
Court held that these canons do not apply to a judicial candidate
As an initial assertion Judge Kinsey posits that she should not be
found guilty of violating Canon I Canon 2A Canon 3B(5) and Canon 3B(9) because Canon 7 is the only canon applicable to the charges
We agree The Code of Judicial Conduct governs the activities of all
members of the judiciary even those seeking to become members
Canons I 2 and 3 however are directed only to a judge and hence
cannot constitute an independent violation as to a judicial candidate
who is notyet a judge (emphasis added) In re Kinsey at 85
Without any doubt the Supreme Court found that Canons 1 2 and 3 of the Code
of Judicial Conduct only applies to judges as defmed by the Code as Article V
Florida Constitution judges and where applicable those persons performing
judicial functions under the direction or supervision of an Article V judge Fla
Code Jud Conduct Definitions id Though Justice Lewis dissented his opinion
focused on his position that judicial candidates should be held to the same 7
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
L
matter remained with Bar Counsel and was not assigned to a grievance committee
until four years later in 2012 when Watson decided to run for circuit court judge
The Florida Bar issued its probable cause finding on or about October 22 2012
during the early voting phase of the general election
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice ofFormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A
MEMORANDUM OF LAW
SUMMARY JUDGMENT STANDARD
Rule 1510 Florida Rules of Civil Procedure pertaining to summary
judgments provides as follows
The judgment sought shall be rendered forthwith if the pleadings depositions answers to interrogatories and admissions on file together with the affidavits if any show that there is no genuine issue at to any material fact and that the moving party is entitled to a judgment as a matter of law
The Florida Supreme Court and District Courts of Appeal interpret this rule to
require that once the movant sustains hisher initial burden the opponent has the
burden to come forward with counter-evidence revealing a factual issue The
5
movant need not exclude every possible inference that the opposing party might
have other evidence available to prove his case If the opponent does not come
forward with any affidavit or other proof in opposition to a motion for summary
judgment the movant need only establish a prima facie case whereupon the court
may enter such judgment See Harvey Building Inc v Haley 175 So2d 780 (Fla
1965) Accord Page v Staley 226 So2d 129 (Fla 4th DCA 1969) Turner
Produce Co V Lake Shore 217 So2d 856 (Fla 4th DCA 1969) Proprietors
Insurance Company v Siegel 410 So2d 993 (Fla 3d DCA 1982)
II JUDGE WATSON IS ENTITLED TO PARTIAL SUMMARY
JUDGMENT AS A MATTER OF LAW WHERE THE JQC HAS CHARGED HER WITH VIOLATIONS OF THE PREAMBLE AND CANONS 1 AND 2A OF THE CODE OF JUDICIAL CONDUCT FOR
ALLEGED MISCONDUCT WHEN SHE WAS NOT A JUDGE OR ACTING IN A JUDICIAL CAPACITY
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice offormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A The
Florida Supreme Court has unequivocally stated that Canons 1 2 and 3 of the
Code of Judicial Conduct govern the actions of a sitting judge solely and cannot be
applied to a candidate for judge or to a person who is not acting in a judicial
6
capacity In re Kinsey at 85
Judge Kinsey was charged with eleven ethical violations for alleged
misconduct that occurred during her election campaign For each of the eleven
charges brought by the JQC the Commission claimed that Judge Kinseys actions
not only violated Canon 7 of the Code of Judicial Conduct- which governs
lawyers who are candidates for judicial office- but claimed that this same conduct
also violated Canons 1 2 or 3 of the Code of Judicial Conduct The Supreme
Court held that these canons do not apply to a judicial candidate
As an initial assertion Judge Kinsey posits that she should not be
found guilty of violating Canon I Canon 2A Canon 3B(5) and Canon 3B(9) because Canon 7 is the only canon applicable to the charges
We agree The Code of Judicial Conduct governs the activities of all
members of the judiciary even those seeking to become members
Canons I 2 and 3 however are directed only to a judge and hence
cannot constitute an independent violation as to a judicial candidate
who is notyet a judge (emphasis added) In re Kinsey at 85
Without any doubt the Supreme Court found that Canons 1 2 and 3 of the Code
of Judicial Conduct only applies to judges as defmed by the Code as Article V
Florida Constitution judges and where applicable those persons performing
judicial functions under the direction or supervision of an Article V judge Fla
Code Jud Conduct Definitions id Though Justice Lewis dissented his opinion
focused on his position that judicial candidates should be held to the same 7
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
movant need not exclude every possible inference that the opposing party might
have other evidence available to prove his case If the opponent does not come
forward with any affidavit or other proof in opposition to a motion for summary
judgment the movant need only establish a prima facie case whereupon the court
may enter such judgment See Harvey Building Inc v Haley 175 So2d 780 (Fla
1965) Accord Page v Staley 226 So2d 129 (Fla 4th DCA 1969) Turner
Produce Co V Lake Shore 217 So2d 856 (Fla 4th DCA 1969) Proprietors
Insurance Company v Siegel 410 So2d 993 (Fla 3d DCA 1982)
II JUDGE WATSON IS ENTITLED TO PARTIAL SUMMARY
JUDGMENT AS A MATTER OF LAW WHERE THE JQC HAS CHARGED HER WITH VIOLATIONS OF THE PREAMBLE AND CANONS 1 AND 2A OF THE CODE OF JUDICIAL CONDUCT FOR
ALLEGED MISCONDUCT WHEN SHE WAS NOT A JUDGE OR ACTING IN A JUDICIAL CAPACITY
After Judge Watson was elected to the circuit court the JQC began
investigating Judge Watson and filed its Notice offormal Charges in July 2013 for
the alleged misconduct of 2002-2004 claiming that this conduct violated the
Preamble of the Code of Judicial Conduct as well as Canons 1 and_2A The
Florida Supreme Court has unequivocally stated that Canons 1 2 and 3 of the
Code of Judicial Conduct govern the actions of a sitting judge solely and cannot be
applied to a candidate for judge or to a person who is not acting in a judicial
6
capacity In re Kinsey at 85
Judge Kinsey was charged with eleven ethical violations for alleged
misconduct that occurred during her election campaign For each of the eleven
charges brought by the JQC the Commission claimed that Judge Kinseys actions
not only violated Canon 7 of the Code of Judicial Conduct- which governs
lawyers who are candidates for judicial office- but claimed that this same conduct
also violated Canons 1 2 or 3 of the Code of Judicial Conduct The Supreme
Court held that these canons do not apply to a judicial candidate
As an initial assertion Judge Kinsey posits that she should not be
found guilty of violating Canon I Canon 2A Canon 3B(5) and Canon 3B(9) because Canon 7 is the only canon applicable to the charges
We agree The Code of Judicial Conduct governs the activities of all
members of the judiciary even those seeking to become members
Canons I 2 and 3 however are directed only to a judge and hence
cannot constitute an independent violation as to a judicial candidate
who is notyet a judge (emphasis added) In re Kinsey at 85
Without any doubt the Supreme Court found that Canons 1 2 and 3 of the Code
of Judicial Conduct only applies to judges as defmed by the Code as Article V
Florida Constitution judges and where applicable those persons performing
judicial functions under the direction or supervision of an Article V judge Fla
Code Jud Conduct Definitions id Though Justice Lewis dissented his opinion
focused on his position that judicial candidates should be held to the same 7
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
capacity In re Kinsey at 85
Judge Kinsey was charged with eleven ethical violations for alleged
misconduct that occurred during her election campaign For each of the eleven
charges brought by the JQC the Commission claimed that Judge Kinseys actions
not only violated Canon 7 of the Code of Judicial Conduct- which governs
lawyers who are candidates for judicial office- but claimed that this same conduct
also violated Canons 1 2 or 3 of the Code of Judicial Conduct The Supreme
Court held that these canons do not apply to a judicial candidate
As an initial assertion Judge Kinsey posits that she should not be
found guilty of violating Canon I Canon 2A Canon 3B(5) and Canon 3B(9) because Canon 7 is the only canon applicable to the charges
We agree The Code of Judicial Conduct governs the activities of all
members of the judiciary even those seeking to become members
Canons I 2 and 3 however are directed only to a judge and hence
cannot constitute an independent violation as to a judicial candidate
who is notyet a judge (emphasis added) In re Kinsey at 85
Without any doubt the Supreme Court found that Canons 1 2 and 3 of the Code
of Judicial Conduct only applies to judges as defmed by the Code as Article V
Florida Constitution judges and where applicable those persons performing
judicial functions under the direction or supervision of an Article V judge Fla
Code Jud Conduct Definitions id Though Justice Lewis dissented his opinion
focused on his position that judicial candidates should be held to the same 7
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
standards as incumbent members of the judiciary
The Code of Judicial Conduct expressly provides that [t]he
Canons and Sections are rules of reason Fla Code Jud Conduct
Preamble Therefore the interests underlying the Canons themselves
must be considered in connection with the issue of whether they apply
to candidates for judicial office as well as sitting judges [3]udges
individually and collectively must respect and honor the judicial
office as a public trust and strive to enhance and maintain confidence
in our legal system Id This principle is no less applicable to judicial candidates than current judges indeed because judicial elections may
represent one of the few times in which the general public directly
scrutinizes the behavior of judges and judicial candidates the entirety
of the standards enunciated in the Code must be followed by both
groups We cannot have and it is totally unworkable and illogical to
have different and multiple standards applicable to candidates for the
same judicial position id at 98
In the Kinsey case not a single Justice suggests that the Code of Judicial Conduct
should apply to the conduct of individuals who are not judges or seeking to
become a member of the judiciary Pursuant to the holding in Kinsey there simply
are no circumstances where alleged misconduct may serve as the underpinning for
discipline of Canons 1 2 andor 3 when the alleged conduct occurs at a time
when that individual is not sitting as a judge or performing judicial functions under
the direction or supervision of an Article V judge
In Judge Kinseys case during the course of her judicial campaign she
8
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
engaged in a pattern of unethical behavior Because she was a candidate at the time
of the alleged misconduct the JQC initially charged her with violations of Canon 7
as well as violations of Canons 1_2 and 3 for making comments about pending
litigation The Supreme Court ruled that Canons 1 2 and 3 of the Code of Judicial
Conduct did not apply to Judge Kinsey as she was not yet a judge when the acts
were committed Because the alleged misconduct occurred while she was a
candidate for judge and the charges by the JQC were also premised on Canon 7
violations the claims against Judge Kinsey were not set aside as the conduct did
violate Canon 7
Factually it cannot be disputed that Judge Watson was not acting as a judge
or performing any judicial functions whatsoever as defined by the Code of Judicial
Conduct Accordingly as a matter of law Judge Watson cannot be found guilty of
violating the Preamble to the Code or Canons 1 and2A of the Code 2
CONCLUSION
2 A preamble by definition is [a] preliminary statement esp the introduction to a formal document that explains its purpose Websters Il New College Dictionary The Preamble of the Code of Judicial Conduct cannot serve as a basis for disciplinary action As stated in the Preamble [t]he text of the Canons and Sections including the Definitions and Application Sections is authoritative The Commentaryis not intended as a statement of additional rules Preamble Fla Code Jud Conduct
9
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
Notwithstanding the fact that the allegations contained in the Notice of
Formal Charges are demonstrably false and occurred over ten years ago a circuit
court judge is a constitutional officer with a property right in the office and
constitutional guarantees of substantive and procedural due process and equal
treatment under the law pursuant to the state and federal constitutions This
prosecution not only violates Judge Watsons constitutionally guaranteed rights
but is a transparent effort to use the JQC to impact existing and ongoing litigation
on a pending motion for substantial attorneys fees and costs as well as a pending
Libel and Slander Malicious Prosecution and Abuse of Process civil action
It is undisputed that the JQC is investigating conduct occurring ten years
ago when Judge Watson was a practicing attorney and not a judge was not a
candidate for judicial office and was not performing any judicial function Based
on this alleged misconduct the JQC has claimed that Judge Watson violated the
Preamble and Canons 1 and 2A of the Code of Judicial Conduct The Florida
Supreme Court has stated definitively The Code of Judicial Conduct governs the
activities of all members of the judiciary even those seeking to become members
Canons 1 2 and 3 however are directed only to a judge and hence cannot
constitute an independent violation as to a judicial candidate who is not yet a
judge In re Kinsey at 85 Consequently even when viewed in the light most
10
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
favorable to the JQC for purposes of summary judgment the facts do not support a
finding of guilt on the part of Judge Watson for any violations of the Preamble and
Canons 1 and 2A of the Code of Judicial Conduct for the alleged misconduct of
Judge Watson when she was a practicing attorney and not a judge and was not
performing any judicial function
WHEREFORE Judge Watson respectfully requests that this Court grant the
Motion for Partial Summary Judgment in favor of Judge Watson and find her not
guilty of the Preamble and Canons 1 and 2A of the Code of Judicial Conduct
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17th JudiCial CirCuit Room 1005B 201 SE 6th Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thflcourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq miles(70mcaranelawcom
lisaramcgranelawcomThe McGrane Law Firm Special Counsel One Datran
11
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirtenLaurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneiderfloridaiqccom General Counsel l110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander evanderkficourtsorg Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
12
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA
SC13-1333 INQUIRY CONCERNING A JUDGE No 12-613
LAURA M WATSON
AFFIDAVIT OF JUDGE WATSON IN SUPPORT OF HER PARTIAL
MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
)SS
COUNTYOFBROWARD )
BEFORE ME the undersigned authority did personally appear Laura M
Watson who after being duly sworn deposes and says as follows
1 I am over 21 years of age and I have personal knowledge of the facts set
forth in this affidavit I am a circuit court judge serving the citizens of Broward
County Florida In November 20l2 I was elected to the position of circuit court
judge and on January 8 2013 was commissioned by Governor Rick Scott to be
Judge of the Circuit Court Seventeenth Judicial Circuit
2 Since my May 1985 admission to The Florida Bar I have always had the
privilege to practice law and therefore met the constitutional requirements to run
for circuit court judge
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
3 On July 24 2013 the JQC instituted proceedings against me based on
allegations that alleged conduct of mine which occurred between 2002-2004
violated the Preamble and Canons 1 and 2A of the Code of Judicial Conduct as
well as various alleged violations of the Florida Rules of Professional Conduct
4 Between 2002-2004 the time of the alleged misconduct as set forth in the
Notice ofFormal Charges I was not a judge but was a practicing attorney was not
a candidate for judicial office and was not performing any judicial function I
announced by candidacy for circuit court judge on April l 7 2012
5 The gravamen of the Notice ofFormal Charges is that on or about June 18
2004 the FatherSon legal team of Larry Stewart and Todd Stewart along with
William Hearon Esq who has either worked in the same firm as Larry Stewart or
down the hall from him for the last forty years brought suit against Judge Watson
and others
6 The lawsuit was brought in the Fifteenth Judicial Circuit in Palm
Beach County Florida under the case of Stewart Tilghman Fox amp Bianchi PA
William C Hearon PA and Todd S Stewart PA v Kane amp Kane Laura M
Watson PA et al Case No 502004CA006138XXXXMBAO ie the Attorneys
Fees Litigation
7 In the Attorneys Fees Litigation the Stewart Lawyers claimed that
certain attorneys including me engaged in a myriad of conduct including a Breach
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
of Fiduciary Duty Constructive Fraud Fraud in the Inducement and Quantum
Meriut Unjust Enrichment The Stewart Lawyers also sought to impose a
Constructive Trust claim against me and Laura M Watson and Watson PA for
the attorneys fees and costs received by the firm
8 After a ten week trial all of these claims against me were flatly
rejected by the trial court Judge Crow specifically found that neither I nor Laura
M Watson PA was required to keep any settlement funds in a constructive trust
The individual claims against Laura M Watson were not granted
9 Despite filing the Attorneys Fees Litigation suit in June 2004 Larry
Stewart waited until 2008 to file a complaint with The Florida Bar claiming the
2002-2004 alleged improper conduct
10 The Florida Bar did not begin investigating this matter until 2008 The
Florida Bar never filed formal charges A probable cause finding was issued on or
about October 22 2012 during the early voting phase of the general election
I 1 After I was elected to the circuit court the JQC began investigating
these allegations and filed its Notice of Formal Charges in July 2013 for the
alleged misconduct of 2002-2004 claiming that this conduct violated the Preamble
of the Code of Judicial Conduct as well as Canons 1 and_2A
Under penalties of perjury I declare that I have read the foregoing affidavit
and that the facts stated in it are true and correct
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
sf Laura M Watson LAURA M WATSON Affiant
I HEREBY CERTIFY that on this day of ( D2f 2013
before me an officer duly qualified to take acknowledgments personally appeared
d L () SCY7 to me personally known to be the person
described in or produced as identification and who
executed the foregoing instrument and she acknowledged before me that she
executed same that the same is true and correct except as to matters there in stated
to be alleged on information and belief and that as to those matters she believes
them to be true
WITNESS my hand and official seal in the County and State last aforesaid
this day of ( fD 2P 2013
Notary Public My Commission Expires
USATUCKER MY COMMISSiON f EE 674070 EXPIRESMamh182017
seadtnaugetmaryseres
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON
Respectfully submitted
The Honorable Laura M Watson Circuit Judge 17 Judicial Circuit Room 1005B 20 l SE 6 Street Fort Lauderdale Florida 33301 Tel (954) 831-6907 jwatsonl 7thficourtsorg
s Laura M Watson LAURA M WATSON Florida Bar No 476330
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by email to Miles A McGrane III Esq milesugravemeuranelawcom
lisameuranelawcom The McGrane Law Firm Special Counsel One Datran
Center Ste 1500 9100 South Dadeland Boulevard Miami Florida 333156 Lauri
Waldman Ross Esq RossGirten a 1aurilawcom Counsel to the Hearing Panel of
the JQC Ste 1612 9100 South Dadeland Boulevard Miami Florida 333156
Michael L Schneider Esq mschneideruuml Doridaiqccon General Counsel 1110
Thomasville Road Tallahassee Florida 32303 this 14th day of October 2013
Pursuant to FJQCR Rule 10(b) a copy is furnished by email to The
Honorable Kerry L Evander mmderk a Dcourtsoru Chair of the JQC 300 S
Beach Street Daytona Beach FL 32114
s Laura M Watson LAURA M WATSON