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Wednesday, March 21, 2007

FLORIDA "MARIJUANA JUDGE" LAWRENCE KORDA FACES DISCIPLINARY CHARGES

ANDY MARTIN
Professor of Law (Adj.)
Suite 4406
30 E. Huron Street
Chicago, IL 60611-4723
Tel. (312) 440-4124
Fax (312) 440-4125
Web site: AndyMartin.com
E-mail: AndyMart20@aol.com

March 21, 2007

Judicial Qualifications
Commission
1110 Thomasville Road
Tallahassee, FL 32302

Complaint re: Circuit Judge Lawrence Korda of Broward County

Dear Members of the
Commission:

I wish to file a complaint against Circuit Judge Korda.

Judge Korda received nationwide notoriety last week as a result of being arrested for marijuana possession.

On information and belief Judge Korda has not yet been suspended. I do not have any confidence that Chief Judge Dale Ross will act responsibly with respect to this matter because of the history of abusive behavior by Broward County judges that has made that courthouse both a national laughingstock and scandal. Therefore, it is incumbent on the JQC to act.

In addition to his marijuana arrest, Judge Korda has previously made abusive comments to litigants in 2005 that indicate he may have been under the influence of marijuana while sitting on the bench. Specifically, Judge Korda did not allow a non-English speaking litigant to communicate with the court and insisted that the litigant communicate in English. That bizarre behavior by Judge Korda has all of the indicia of someone acting under the influence.

At that time the problem of abusive judicial behavior in Broward County was deemed to be sufficiently widespread that all judges were required to undergo reeducation on how to deal with litigants and act responsibly in a judicial capacity.

Approximately sixteen (16) years ago a judge of the Fourth District Court of Appeal was arrested. The charge was also a relatively minor one (I believe it was shoplifting as compared with marijuana smoking). The judge sought to stay and sit on the DCA while the JQC investigated the matter but my recollection is that the judge was forced to step down.

I do not believe that a sitting judge should be under arrest. The appearance of impropriety is too high. The Florida Supreme Court has guaranteed litigants the "cold neutrality of an impartial judge." State ex rel. Davis v. Parks, 141 Fla. 516, 519-520, 194 So. 613, 615 (1939). I do not believe a judge who is himself facing criminal charges and dealing with the criminal justice system can act in that manner.

I would ask the Commission to suspend or remove Judge Korda while the matter of his fitness is reviewed and, after a full and fair investigation, to remove Judge Korda from the bench.

Respectfully submitted,

ANDY MARTIN

AM:sp

W/encl.

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