Florida court imposes suspension after judge admits he was shocked by his “profane outburst”
Judiciary
Judge acknowledged his ‘profane outburst’ shocked himself, Florida court says in imposing suspension
December 3, 2024, 3:03 pm CST
Judge Wayne Culver of Seminole County, Florida, has been suspended partly for a “profane outburst” in which he used the F-word and called a man in his courtroom an “a- -hole.” (Photo from the 18th Judicial Circuit Courts of Florida)
A Florida judge has been suspended partly for a “profane outburst” in which he used the F-word and called a man in his courtroom an “a- -hole.”
The Florida Supreme Court suspended Judge Wayne Culver of Seminole County, Florida, for 60 days without pay and publicly reprimanded him for his “intemperate conduct” in two court proceedings in February 2022.
Publications with coverage of the Nov. 27 order include the Legal Profession Blog, the Florida Bar News, Law360 and WFTV with the News Service of Florida.
During his disciplinary hearing, Culver admitted shocking himself by the use of profanity, according to findings by the Florida Judicial Qualifications Commission cited by the Florida Supreme Court. Culver was under “intense pressure and loss” because he was caring his dying father.
The outburst was caused by a man who was looking for Culver, according to the Florida Judicial Qualifications Commission yelled in a loud and aggressive voice at the man.
“Sir, I am doing something “Couldn’t you shut up and get a seat?” Culver replied, “That is not shutting up.” I asked you a f- – -ing question, a-.hole.” I asked you a question, a-hole.”
The answer was “No, Sir,” prompting Culver’s response, “Then shut-up.”0100 Culver cut off the man when he asked to speak in court. A state appeals court ruled that the man was not given the opportunity to give mitigation testimony. He was released in response to an emergency habeas petition after he had already spent more than a month in jail.
The Florida Supreme Court said it agreed with the Florida Judicial Qualifications Commission’s conclusion that Culver violated ethics rules requiring judges to conduct themselves with integrity; to be patient, dignified and courteous; and to maintain professional competence.
Witnesses at the disciplinary hearing said they had not seen Culver engage in the same type of behavior before or since. He also voluntarily received mental health counseling for the past two years and was remorseful and cooperative during the disciplinary process.
“As recounted by his peers,” the commission had said, “the public still holds Judge Culver in high standing and esteem.”
Culver was represented by Warren W. Lindsey of Lindsey, Ferry & Parker in Maitland, Florida. Lindsey, Ferry & Parker in Maitland, Florida represented Culver.