SC04-1636 - Inquiry Concerning a Judge No. 02-337 Re: Ana Marie Pando

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State: Florida

Court: Supreme Court

Docket No: SC04-1636

Case Date: 05/12/2005

Preview:Supreme Court of Florida
____________ No. SC04-1636 ____________

INQUIRY CONCERNING A JUDGE, RE: ANA MARIE PANDO. [May 12, 2005] PER CURIAM. We review the recommendation of the Judicial Qualifications Commission ("JQC") that Judge Ana Marie Pando receive the sanction of public reprimand and a $25,000 fine for her judicial misconduct. 1 We approve the JQC's recommendation. The JQC filed charges against Judge Pando, alleging that during the course of her unsuccessful 1998 election campaign and her successful 2000 election campaign Judge Pando (1) accepted loans from family members in excess of the $500 statutory limit; (2) misrepresented the source of these loans in submitting and certifying her campaign finance reports during the course of the campaigns; and (3) made misleading

l. We have jurisdiction. See art. V, ' 12, Fla. Const.

statements regarding the source of a $25,000 loan in her deposition by special counsel for the JQC. On August 23, 2004, the JQC filed a notice of formal proceedings against Judge Pando charging her with violating chapter 106, Florida Statutes (1997 & Supp. 1998), and chapter 106, Florida Statutes (2000), and canons 1, 2, and 7 of the Code of Judicial Conduct. The JQC's notice of formal charges set forth in pertinent part the following: 1. In violation of Chapter 106 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct, during the 1998 campaign, you knowingly and recklessly accepted a $25,000 personal loan from a family member (your mother) made for the purpose of influencing the results of an election in excess of the $500 limit on contributions proscribed by law. Further, you misrepresented the source of this loan in an attempt to avoid the $500 contribution limit. 2. In violation of Chapter 106 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct, during or after each campaign, you knowingly and recklessly violated the reporting provisions of Chapter 106, Florida Statutes, by certifying the correctness of the campaign loan reports for each campaign year, when you knew that such reports were incorrect, false, or incomplete because they failed to disclose that Millie Bencomo (your mother), Esteban Bencomo (your stepfather), and/or their respective businesses were a source of numerous loans in excess of the $500 limit. 3. In violation of Chapter 106 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct, during the campaigns, you misrepresented the source of certain of your contributions in your campaign finance reports. 4. In violation of Chapter 106 of the Florida Statutes and Canons 1, 2, and 7 of the Code of Judicial Conduct, during the course of your deposition on July 2, 2003, you made statements tending to mislead the Commission as to a purported loan that you received from Eastern National Bank. These acts, if they occurred as alleged, would impair the
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confidence of the citizens of this state in the integrity of the judicial system and in you as a judge; would constitute a violation of the cited Canons of the Code of Judicial Conduct; would constitute conduct unbecoming a member of the judiciary; would demonstrate your unfitness to hold the office of judge; and would warrant discipline, including, but not limited to, your removal from office and/or any lawyer discipline that the Commission recommends. The JQC and Judge Pando presented a stipulation to this Court pursuant to article V, section 12, Florida Constitution, and Florida Judicial Qualifications Commission Rule 6(j). In that stipulation, Judge Pando admitted the following conduct and the impropriety of that conduct: a. During the 1998 campaign, in violation of Chapter 106 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct, she knowingly or recklessly accepted a $25,000 personal loan from a family member (her mother) made for the purpose of influencing the results of an election in excess of the $500 limit on contributions proscribed by law. Further, she misrepresented the source of this loan in an attempt to avoid the $500 contribution limit. b. In violation of Chapter 106 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct, during or after each campaign, she knowingly or recklessly violated the reporting provisions of Chapter 106, Florida Statutes, by certifying the correctness of the campaign loan reports for each campaign year, when she knew that such reports were incorrect, false, or incomplete because they failed to disclose that Millie Bencomo (her mother), Esteban Bencomo (her stepfather), and/or their respective businesses were a source of numerous loans in excess of the $500 limit. c. In violation of Chapter 106 of the Florida Statutes and Canon 7 of the Code of Judicial Conduct, during the campaigns, she inaccurately reported the source of certain of her contributions in her campaign finance reports. d. In violation of Chapter 106 of the Florida Statutes and Canons 1, 2, and 7 of the Code of Judicial Conduct, during the course of her
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deposition by special counsel on July 2, 2003, she made statements tending to mislead the JQC as to a purported loan that she received from Eastern National Bank. The JQC recommended a public reprimand of Judge Pando as well as payment of a $25,000 fine. As explained below, based on the stipulated facts, the JQC's recommendation is approved. This Court reviews the findings of the JQC to determine if they are supported by clear and convincing evidence and reviews the recommendation of discipline to determine whether it should be approved. "While this Court gives the findings and recommendations of the JQC great weight, 'the ultimate power and responsibility in making a determination rests with this Court.'" In re Kinsey, 842 So. 2d 77, 85 (Fla.) (footnote omitted) (quoting In re Davey, 645 So. 2d 398, 404 (Fla. 1994)), cert. denied, 540 U.S. 825 (2003). Accordingly, we review the findings to ensure that there is "clear and convincing evidence" to support the alleged ethical violations

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