Let voters decide Judge Bryson’s fate, not courts
The panel that investigates judges in Florida has given Marni Bryson a lifeline. The Florida Supreme Court should give her a chance to take it.
Bryson has presided over misdemeanor criminal cases and lesser civil cases on the Palm Beach County Court since 2010. Last April, a complaint filed with the Judicial Qualifications Commission accused Bryson of violating Woody Allen’s rule that 90% of success in life is just showing up.
The complaint, for which the commission found probable cause to investigate, alleged that Bryson took more time off than judges are allowed and failed to notify other judges that she wouldn’t be in the courthouse. According to investigators, Bryson’s actions between 2016 and 2019 not only inconvenienced attorneys and their clients. Other judges had to step in and handle her cases.
Last month, Bryson and the commission proposed a “stipulation” — essentially a settlement. She would receive a public reprimand and a 10-day suspension without pay. In addition, she would pay a $37,500 fine. The Florida Supreme Court must approve or reject the deal.
In recent years, the high court has rejected several settlements because the justices believed that they were too lenient. That happened in 2018 with another Palm Beach County judge, Dana Marie Santino.
During her campaign, Santino ran against a criminal defense lawyer, Greg Lerman. Santino criticized Lerman for representing people who had “committed heinous crimes.” Even when the Judicial Campaign Practices Commission voted 11-0 that she had violated rules related to judicial elections, Santino continued.
After Santino took the bench, Lerman filed a complaint. The JQC found probable cause and investigated. To keep her job, Santino proposed a $50,000 fine. It would have matched the highest in the last two decades. By a 4-3 vote, however, the Florida Supreme Court — correctly — removed Santino.
We mention that case because Santino’s conduct compromised the courts. As the regulators noted, her campaign hyperbole struck at “the fundamental precept of the judicial system” — that the accused are presumed innocent. Santino created doubt about her “ability to be fair and impartial.”
Bryson, though, is admitting to not working hard enough. We don’t dismiss the seriousness of the offense. Especially in county court, where many litigants represent themselves and must work court appearances around jobs and families, Bryson’s lapses are significant.
But Bryson is not accused of comprising the administration of justice or of committing a criminal offense, like the two Broward County judges who resigned in recent years while facing DUI charges. According to the proposed settlement, Bryson also has volunteered to work nights and weekends and has handled felony cases in circuit court.
Those are mitigating factors. Still, if the high court lets her stay, Bryson needs to improve.
Lawyers who practice before Bryson have been sending that message. Her results in the 2017 and 2019 judicial surveys that the Palm Beach County Bar conducted ranked her among the lowest of 16 county judges. Notably, given the JQC complaint, Bryson performed especially badly in categories related to the issues in the investigation.
In the 2019 survey, the most recent available, Bryson was worst for Punctuality & Timeliness In Rendering Rulings & Decisions. More lawyers (34) rated her as “needs improvement” rather than “excellent” or “satisfactory.” In the Case Management category, no judge received more ratings of “needs improvement” than Bryson.
The bad news doesn’t stop there. Bryson scored worst for Knowledge & Application of Law. She was worst for Diligence & Preparedness. She was second-worst for Judicial Demeanor & Courtesy to Lawyers. Her scores slipped in 2017, after she won a second term, and then tanked.
There are back stories to this case. In 2019, Bryson and Fort Lauderdale attorney William Scherer sued each other. According to Bryson, Scherer threatened to release “intimate” photos of her if Bryson did not back off custody demands she was making of her ex-husband, political campaign operative James Blake MacDiarmid.
Scherer contended that Bryson’s legal team was trying to extract a $10 million payment. Scherer is one of Broward County’s most politically connected lawyers and is the father of Judge Elizabeth Scherer, who is presiding over the trial of accused Marjory Stoneman Douglas shooter Nikolas Cruz.
For whatever reason, it’s been one distraction after another for Bryson. Though she insists that she now can carry out her duties, Bryson won’t have much time to show it.
Bryson is up for re-election next year. In 2016, she faced a weak challenger. Bryson also had done well in the 2015 judicial evaluations.
Against a strong challenger, Bryson would have trouble. If she is to leave the bench, however, we prefer it be through an election, rather than have Gov. Ron DeSantis make the choice if the court removes Bryson. The governor cares only whether someone belongs to the right-wing Federalist Society.
Marni Bryson is down to her last chance. The Florida Supreme Court should let her have it.
The Sun Sentinel Editorial Board consists of Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney, and Editor-in-Chief Julie Anderson. Editorials are the opinion of the Board and written by one of its members or a designee. To contact us, email at letters@sun-sentinel.com.