The Rev. Fred Newbill stood in front of the Duval County Courthouse last month, other black religious leaders by his side, and called for Circuit Judge Mark Hulsey to resign.
Hulsey, in his first year on the bench in 2011, had made a racist comment about African-Americans. It was about blacks getting on a ship and going back to Africa, the group said.
Such ideology meant the judge couldn’t be counted on to handle criminal cases involving people of color, they said.
RELATED STORY: State judicial panel issues notice of formal charges against Hulsey.
The accusation was among many outlined by the state Judicial Qualifications Commission in a seven-page notice of formal charges against Hulsey released Wednesday.
Hours later, 4th Judicial Circuit Chief Judge Mark Mahon reassigned Hulsey from the Criminal Division to the Probate Division.
Hulsey denies the allegations, saying they “have been a poorly kept secret hanging over me like a cloud for months.”
Mahon said Hulsey is entitled to due process and that the switch wasn’t done to pass judgment. Instead, Mahon’s statement said, the move was to “continue the orderly administration of justice.”
However, the chief judge called the allegations “very serious, and, if true, very troubling.”
The notice laid out allegations of Hulsey insulting a former lead staff attorney. Blaming a staff attorney for mistakes the judge had made during a capital trial. Exploiting his judicial assistant by having her perform his personal tasks — enough that it caused her to take her court work home.
He overused staff attorneys to the point that Mahon told him to stop, the notice said.
Hulsey told his judicial assistant to “tell the truth” to the investigative panel, but interfered by trying to have her defend him against some of the claims, the notice said.
When she didn’t, he confronted her. Ultimately, she was reassigned.
The notice was vindication, said Newbill, and showed why Hulsey should step down.
“It appears he has a problem as it relates to people in general,” Newbill said of Hulsey. “That doesn’t belong on the bench, period.”
The notice of formal charges isn’t final. At this point, it’s a step in the process. Hulsey can respond in writing to the charges within 20 days.
There also will be a hearing, likely in the fall.
The investigation comes at an especially crucial time for Hulsey, who is being challenged in the Aug. 30 primary by attorney Gerald Wilkerson. The issue likely won’t be resolved by the time voters head to the polls.
“I’m counting on my reputation for impartiality, integrity and honesty to help voters and my longtime supporters see through these dirty political tactics,” Hulsey said in a statement.
Wilkerson pushed back against the judge and his campaign for suggesting “dirty politics” were part of the situation. He said the allegations were filed long before he submitted paperwork to challenge Hulsey.
According to commission rules, a simple majority of the hearing panel can recommend disciplinary action to the Florida Supreme Court, which has final say.
A two-thirds vote is required to recommend to the court a judge’s removal from the bench.
Judges can only be suspended if impeached by the state House while awaiting trial by the Senate or if the commission investigative panel recommends it. Neither happened.
Disciplinary action against 4th Circuit judges is rare.
Circuit Judge David Gooding was publicly reprimanded in 2005 for violations of the Code of Judicial Conduct related to his 2002 election campaign violations.
He admitted to incurring campaign expenses at a time when his account had insufficient funds, then loaning the account enough to cover it after statutory deadlines.
For Newbill, Hulsey’s reassignment isn’t enough.
“I’m not comfortable with him handling any cases … I’m calling on the chief judge to take them all away from him,” said Newbill, head of First Timothy Baptist Church.
Newbill is scheduled to meet with other pastors today to discuss the next steps of voicing their opposition. But they will continue — and grow louder, he said.
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