Sun Sentinel Palm Beach Edition
Lawyer awaits sanction
Public defender found guilty of misconduct
A Palm Beach County assistant public defender is guilty of professional misconduct and should receive sanctions ranging from a reprimand to losing her license to practice law, a judge ruled this week.
What was Elizabeth Ramsey’s violation? She admittedly laughed and stuck her finger down her throat in a “gagging gesture” while a prosecutor questioned a witness during a Dec. 30, 2015, hearing involving a murder case.
In an order signed Tuesday, Circuit Judge Peter D. Blanc indicated he will decide a punishment for Ramsey on Jan. 6.
Blanc presided over a nonjury trial for Ramsey on Dec. 2, concerning two charges leveled by Circuit Judge Jack Schramm Cox.
This extremely rare civil proceeding had not been used in any state courthouse since 1991. Almost always, any allegations of misconduct by lawyers are handled through a Florida Bar complaint to be reviewed at first by other lawyers.
But Judge Cox filed his civil court petition seeking judicial discipline of Ramsey, accusing her of undermining “the public’s confi-
dence in our system of justice” while raising questions “as to her fitness as a lawyer.”
Cox leveled two charges: the gagging episode; and Ramsey’s decision, at the same Dec. 30 hearing, to play a jailhouse phone call of a private conversation between a prosecution witness and his daughter.
Moreover, Cox sought action against Ramsey, filing a misdemeanor contempt-of-court charge against her for allegedly violating his order banning anyone from using transcripts of phone calls made by the same witness, jail inmate Frederick Cobia.
But in September, Judge Blanc dismissed the criminal charge, in response to a request filed by a special prosecutor on the case, who wrote, “There is no evidence she intentionally disobeyed the court order.”
Also, the transcripts in question were filed under court seal, so they never became public and Cox’s order was not violated, the prosecutor noted.
Ramsey, 52, then avoided a possible jail sentence of up to five months and 29 days had she been convicted.
Yet the civil case persisted and went to trial despite attempts by Ramsey’s lawyers to dismiss the charges of unprofessional behavior.
Judge Cox’s petition alleged Ramsey violated a Florida Bar rule of professional conduct that states lawyers must not “knowingly or through callous indifference disparage, humiliate and attempt to intimidate” witnesses.
For Ramsey’s trial, Cox testified in advance and his statements were recorded. The case was litigated by a special prosecutor assigned by State Attorney Dave Aronberg’s office and counsel for Ramsey.
In his order this week, Judge Blanc ruled there was no “clear and convincing evidence” that Ramsey “knowingly or through callous indifference embarrassed or otherwise harassed Cobia by publishing the recorded conversation.”
Cox testified that he was “convinced based upon his experience” that Ramsey deliberately intended to “intimidate” and “humiliate” the witness with the phone call recording, according to a summary provided by Blanc.
Blanc wrote “arguments can be made either way” as to Ramsey’s true intentions, and it’s not clear from the evidence he reviewed that there was a rule violation.
Blanc found there was no gray area when it came to Ramsey’s gagging act, and he rejected Ramsey’s defense that it was harmless because it was only seen by Ramsey’s client, Jamal Smith, and a sheriff ’s deputy in the courtroom.
Pretending to gag while Cobia was on the witness stand was a “clear violation” of rules for lawyers, and “such conduct displayed to a client is unprofessional, disrespectful of the process, and conveys to the client, if no one else, that such disrespect is appropriate.”
“The Court is convinced that such conduct is prejudicial to the administration of justice,” Blanc concluded. The judge added that from his perspective “this behavior cannot be tolerated, much less condoned regardless of who may or may not have observed it in court.”
Ramsey, and her attorney Peg O’Connor of Gainesville, could not be reached for comment Friday despite calls to their respective cell and office phone numbers.
At the upcoming sanctions hearing, set for 90 minutes, special prosecutor Todd Weicholz of Boca Raton and Ramsey’s lawyer will be able to present arguments about an appropriate punishment.
The four possible penalties are a reprimand, probation, suspension and disbarment. Ramsey can still appeal the outcome.