Judiciary

Judge reassigned after he orders defendant to wear condom and jokes 'probation's gonna check'

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Florida Judge Gary Farmer Jr_600px

Broward County, Florida, Circuit Judge Gary Farmer Jr. has been reassigned to civil court after he told a defendant to always wear a condom and repeated gay double entendres from a 1990s comedy show in a different case. (Photo from the 17th Judicial Circuit of Florida)

Updated: A Florida judge has been reassigned to civil court after he told a defendant to always wear a condom and repeated gay double entendres from a 1990s comedy show in a different case.

Broward County, Florida, Circuit Judge Gary Farmer Jr.’s Aug. 15 comments were caught on tape, the South Florida Sun Sentinel reports in a story republished by Yahoo News.

Florida Politics followed with a story noted by the Florida Bar’s Daily News Summary.

The South Florida Sun Sentinel quoted Farmer’s remarks in three incidents.

Farmer made the condom remark after hearing that a car-theft defendant was expecting three children from three different mothers, according to the South Florida Sun Sentinel.

“You’ve been busy,” Farmer said. “You were just shooting all over the place. … I’m going to order that you wear a condom at all times. It’s for your own good. Probation’s gonna check. No, I’m kidding.”

Farmer later told the defendant that he is assigning a new defense lawyer.

“Don’t get her pregnant,” he said.

In another case, Farmer reacted to a defense lawyer’s reference to actor Marlon Wayans from the 1990s sketch comedy show In Living Color, the South Florida Sun Sentinel reported. Farmer repeated gay double entendres, referencing a football sketch.

“Two snaps up and a sweater,” Farmer said. “He likes it when the Oilers play the Packers. He used to be a tight end, and now he’s a wide receiver.”

In a third incident on the same day, Farmer responded to a defendant who was shouting expletives. Farmer warned the defendant about being held in contempt and then appeared to be responding to efforts to remove the defendant.

“What the f- - -,” Farmer said, apparently stopping before using the full F-word.

Farmer was reassigned because of “certain statements” he made, according to a statement by court administrators for the 17th Judicial Circuit in Florida, where Farmer is a judge. The statement said Farmer “admitted transgressions with the [Florida Supreme Court’s] Code of Judicial Conduct” in a meeting with the chief judge, according to the South Florida Sun Sentinel.

Farmer did not immediately respond to an ABA Journal message seeking comment left with his office.

Before his election to the bench, Farmer was the Democratic leader in the Florida Senate before he was ousted from the position by party members, according to Florida Politics and the South Florida Sun Sentinel

Updated Dec. 13 at 10:20 a.m. to correct the photo used of Broward County, Florida, Circuit Judge Gary Farmer Jr. The initial photo published depicted former Florida Judge Gary Farmer Sr. The ABA Journal regrets the error.

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