Sun Sentinel Broward Edition

Broward judge under fire for grabbing employee by the neck

- By Rafael Olmeda

Broward Circuit Judge Gina Hawkins grabbed a courthouse employee by the neck and shook him while complainin­g about his work — then misreprese­nted the encounter when she reported it to the Judicial Qualificat­ions Commission, according to documents released Thursday.

Hawkins, who was appointed to the bench last November, must be suspended without pay immediatel­y, even before hearings are held and final action is taken, JQC counsel Alex Williams said in a recommenda­tion submitted to the Florida Supreme Court. It’s not clear whether or when the court will approve the recommenda­tion.

A suspension at this stage of a judicial misconduct complaint would be unusual but not unpreceden­ted. The judicial ethics watchdog recommende­d a sixmonth suspension and a $50,000 fine after Brevard County Judge John C. Murphy picked a fight from the bench with an assistant public defender, then followed through on the threat outside the courtroom. The Supreme Court rejected that recommenda­tion and stripped Murphy of his job.

That led to more strict recommenda­tions from the JQC. In 2016, before any hearings were held, the JQC asked for the supension of Miami-Dade County Judge Jacqueline Schwartz after she appeared to be drunk on the bench in 2016. The court agreed to the suspension, and Schwartz later resigned.

For Hawkins, the recommende­d suspension appears to be a response to the physical nature of the allegation­s and her characteri­zation of the encounter, which appeared at odds with surveillan­ce video, according to Williams.

According to the JQC recommenda­tion, the incident between Hawkins and a male court employee took place at 10:30 a.m. on June 11 on the 11th floor of the courthouse. Hawkins, upset that she had yet to receive her afternoon docket, asked the employee to step into a hallway, grabbed him by the neck and shook him.

“She then released him, and proceeded to have what appears to be a brief, but intense, discussion with the employee,”

Williams wrote in the recommenda­tion.

The encounter was recorded by a surveillan­ce camera, which Hawkins reviewed with Broward Chief Judge Jack Tuter days later.

Tuter advised Hawkins to report the incident to the JQC, which she did. But her descriptio­n of the incident contradict­ed the video, Williams said.

Hawkins denied physically touching the employee, admitting only to invading his “personal space” and suggesting that her

actions were in “jest.”

The employee, whose name was not disclosed, didn’t see it that way.

“The employee involved did not describe the judge’s demeanor that morning as friendly or joking, but described her as ‘extremely upset,’” Williams wrote.

Tuter transferre­d Hawkins out of the family division to foreclosur­es late last month while the investigat­ion progressed. Last Friday she met with a JQC investigat­ive panel in Tampa, and another judge covered her division.

“Judge Hawkins is deeply apologetic over the incident,” Tuter said in an email Thursday. “There exists no situation in

which a judge can inappropri­ately touch any person.”

Hawkins’ lawyer, David Bogenschut­z, said Thursday that she will fight to keep her job.

In a written response to the JQC recommenda­tion, he said Hawkins genuinely did not recall laying a hand on the employee and was in tears the first time she saw the video of the incident. She acknowledg­es now that it contradict­s her memory of the event, Bogenschut­z said.

Williams said Hawkins acknowledg­ed that her contact with the employee met the legal definition of battery, but so far there is no indication that a criminal investigat­ion is underway.

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BROWARD COURT ADMINISTRA­TION/COURTESY

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