Florida judge accused of shouting in court, claiming his 'angry face' due to attorney's behavior
Judge Jeffrey Ashton of the Ninth Judicial Circuit Court of Florida is facing ethics allegations that he “behaved intemperately” in court and showed bias for or against certain parties and attorneys. (Photo from the Ninth Judicial Circuit Court of Florida website)
A Florida judge is facing ethics allegations that he “behaved intemperately” in court and showed bias for or against certain parties and attorneys.
The Florida Judicial Qualifications Commission filed ethics charges Oct. 2 against Judge Jeffrey Ashton of the Ninth Judicial Circuit Court of Florida in Orange County and Osceola County in Central Florida.
Ashton was formerly a prosecutor known for his prosecution of Florida woman Casey Anthony, who was acquitted in 2011 of the murder of her 2-year-old daughter, Caylee, in 2008, but found guilty of lying to law enforcement.
The ethics complaint describes six alleged incidents and cases in which Ashton made inappropriate comments or behaved improperly. The attorneys allegedly bearing the brunt of Ashton’s ire are not identified by name. But WFTV reports that the plaintiffs’ law firm Morgan & Morgan has filed at least seven motions to disqualify Ashton from its cases between 2018 and 2023.
Morgan & Morgan had alleged that Ashton showed bias against the firm through body language and snide comments about its advertising slogans.
The ethics complaint includes three instances in which Ashton allegedly shouted at people appearing before him. In two cases, Ashton’s raised voice could be heard above a white noise machine. In addition, Ashton’s facial expression and demeanor in those cases “evinced a bias against one party or their attorney,” the ethics charges say. In one case of alleged shouting, Ashton is accused of claiming that an attorney had provoked Ashton’s “angry face.”
In a third case in which Ashton was recorded “shouting down an attorney,” Ashton had been cautioned by the commission about allowing himself to be provoked into “intemperate behavior” by what he perceived as unprofessional conduct. That case has been reopened and realleged as part of an alleged pattern of conduct, the ethics complaint says.
In a fourth case of alleged intemperate behavior, Ashton is accused of threatening the plaintiff’s attorney with direct criminal contempt.
In a fifth case, he is accused of treating the plaintiff’s attorney in a manner that is not “patient, dignified or courteous.”
In a sixth case, a firm filed a motion to disqualify Ashton based on alleged bias and intemperate behavior. Ashton denied the motion, saying it was moot because he was moving to a different division, and he wouldn’t be handling the case. The order “also passed on the truth of the allegations, disputing the factual allegations,” according to the commission.
An appeals court reversed on the ground that the motion was not moot. The appeals court also said Ashton’s commentary on the facts merited disqualification.
Ashton’s office provided a comment to WFTV.
The statement said Ashton is disappointed that the Florida Judicial Qualifications Commission “chose to publicize this matter 34 days before the upcoming election. Judge Ashton looks forward to addressing these accusations through the JQC process over the coming months. Judge Ashton has been a respected member of the Central Florida legal community for over 40 years. He served with honor and distinction as an assistant state attorney for 30 years and as the elected state attorney for Orange and Osceola counties for four years. He has served as a circuit court judge in Central Florida since his election in 2018. He looks forward to addressing these claims and continuing to serve the citizens of Central Florida as a judge.”
Ashton was the second top vote getter in a three-way primary election in August, the Orlando Sentinel reports via MSN.com. Because no candidate received a majority of the vote, Ashton is facing the top vote getter in November.
Had tip to the Legal Profession Blog, which published highlights from the ethics complaint. Law360 and Law.com also had coverage.
