St. Lucie judge should be suspended, panel advises

Actions against rival led to disciplinary hearing in May.

FORT PIERCE — A St. Lucie County judge faces a 30-day suspension without pay and a public reprimand by the Florida Supreme Court if the court accepts a hearing panel’s recommendation filed last week.

Circuit Judge Philip J. Yacucci faced a disciplinary review for his actions involving a former political rival, DUI attorney Stephen Smith.

The Florida Judicial Qualifications Commission filed a formal notice of charges in December after determining there was reasonable concern about Yacucci’s ability to remain impartial during Smith’s cases. The six-member commission made its recommendation Thursday following a disciplinary hearing in May.

Smith unsuccessfully challenged Yacucci’s bid for re-election in 2014. The two men had a tumultuous history prior to the campaign, with Yaccuci once jailing Smith for five days after finding him in contempt for misconduct.

Following the election, Yacucci recused himself from cases involving Smith, but began denying such motions in September, according to the formal notice of charges.

In written responses, Yacucci denied violating judicial canons, urging that his actions were part of “more important larger issues” involving Smith and his employer, the Ticket Clinic, according to a court document.

He alleged that Smith and the Ticket Clinic were “engaged in a course of conduct that has forced judges to recuse themselves resulting in what appears to be forum shopping.”

Yacucci also argued that waiting more than two years to stop recusing himself from Smith’s cases was lawful.

In its ruling, the hearing panel noted that Yacucci’s “zealous pursuit of a pure society apparently clouded his ability to impartially adjudicate the matters before him.”

Yacucci has until July 19 to show cause why the Supreme Court should not grant the panel’s recommendation.