Public Defenders Object to Judge Agreement

The Florida Public Defender Association on Friday expressed “deep concern” about a case involving a rural North Florida judge who held an improper discussion with a prosecutor after a court hearing.

The association asked the Florida Supreme Court for approval to file a brief in the disciplinary case against Liberty County Judge Kenneth Hosford and indicated it does not believe a proposed agreement that would lead to a 30-day suspension and a public reprimand for the judge is sufficient.

The Florida Association of Criminal Defense Lawyers has raised similar concerns. Hosford and an investigative panel of the Florida Judicial Qualifications Commission reached the agreement in a case stemming from a June 15 discussion between Hosford and an assistant state attorney after a hearing held on Zoom.

The investigative panel, in a filing at the Supreme Court, said Hosford addressed “concerns over the prosecutor’s decision to decline to file charges in a theft case where Judge Hosford had, just the day before, personally approved an arrest warrant for the accused. During the Zoom meeting, while addressing his displeasure with the way the prosecutor had declined to prosecute the case, Judge Hosford also admits to having provided investigative advice to the detective investigating the crime, including suggesting to the detective that he might get a search warrant to obtain more evidence of the crime.”

The proposed agreement, known as a stipulation, would need to be approved by the Supreme Court. It also would lead to Hosford recusing himself from criminal matters for three months. But the public defender association pointed to concerns about the stipulation “because the undisputed misconduct occurred in a county with only one judge. Simply put, there is no alternative judge in Liberty County ready to preside over cases if defense attorneys file a motion to disqualify Judge Hosford. Furthermore, the transcript indicates a clear preference for and bias towards law enforcement and prosecutors which creates a well-founded fear that defense attorneys and their clients will not receive a fair and impartial opportunity in court.”