First-term judge accused of making anti-Hispanic statements

Barely a month into her first term, Broward Circuit Judge Barbara Duffy is being asked to remove herself from a criminal case over allegations she made drunken, anti-Hispanic statements at a judicial conference in front of the chief justice of the Florida Supreme Court.

Duffy, who was elected last November, allegedly directed the comments at a bartender at the Embassy Suites hotel in Kissimmee, where judges from across the state were meeting for a required “Florida Judicial College” training program.

The Broward Public Defender’s Office outlined the allegations in a motion to recuse Duffy from the case of Helio Lessa, 52, of Oakland Park, who was charged in December with aggravated battery with a deadly weapon.

“[Duffy] called the bartender several traditionally Hispanic first names and then said whatever-your-name-is, ‘you’re all the same anyway,’ ” Assistant Public Defender Katerine Lopez wrote in the motion.

The defense lawyers’ office also accuses Duffy of being drunk and “acting in a boorish and loud manner.”

It’s not in dispute that Florida Supreme Court Justice Jorge Labarga was present and that Duffy apologized to him, but the reason for the apology is in dispute.

“I’m extremely confident the allegations are true,” said Assistant Public Defender Frank De La Torre, chief of the office’s felony division. “As a lawyer and a Hispanic, I am appalled by the statements that were made by a sitting judge.”

The motion attributes its account of Duffy’s behavior to at least one sitting judge who was at the conference, though none have come forward and identified themselves publicly. De La Torre said the Public Defender’s Office was willing to stake its reputation on the truth of the motion.

“It would be wrong for us not to file this motion,” he said, adding that other Hispanic defendants are certain to seek Duffy’s removal from their cases.

Broward Circuit Judge Raag Singhal, who was there, said Duffy only apologized to Labarga for using profanity in his presence. Singhal denied Duffy made any statements that were dismissive of or hostile to Hispanics.

“As a witness to the time in question, I can tell you the allegations in the motion are false,” Singhal said. He confirmed Duffy had consumed alcohol that evening, but “she did not appear to be intoxicated,” he said.

Judicial conduct rules do not permit Duffy to respond to the allegations. She is obliged to consider whether the motion was filed in a timely manner and whether a reasonable person in the defendant’s position has reason to be concerned about being treated unfairly.

A hearing date has not been set.