Issue Of The Week XXXVIII: Should Sitting Judge Be Punished For Pointing Out Racial Biases?

November 5, 2012
Written by The Associated Press in
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Judge Barry Cohen

TALLAHASSEE, Fla. (AP) — A state investigative panel is questioning the impartiality of an outspoken Palm Beach County judge who frequently criticizes what he sees as racial bias in state laws, prosecutors and law enforcement.

The Judicial Qualifications Commission panel filed formal charges with the Florida Supreme Court on Wednesday, alleging that Judge Barry M. Cohen has abused his position by using it as a "bully pulpit" and undermined his impartiality through his comments. The panel cited Cohen's comments from the bench, in written orders and at public forums.

Cohen has been accused of saying, among other things, that minorities are disproportionally arrested and jailed for drug trafficking, law enforcement officers may be motivated by the race or status of suspects and blacks do not feel free to exercise their constitutional rights in the county.

The judge's lawyers linked the allegations against Cohen to recent attacks on the judiciary they say are threatening its independence.

"Judge Cohen will vigorously defend himself against allegations which infringe on the ability of judges to perform their duties in an independent manner," wrote attorneys Scott Richardson and Donnie Murrell.

They added that Cohen is confident a full airing of the allegations "will demonstrate he has performed his duties ethically and honorably."

For the first time, a political party this year has taken sides in an up-or-down retention election for Florida Supreme Court justices. The Florida Republican Party is opposing three justices who have angered the GOP with some of their decisions. If they are defeated, Republican Gov. Rick Scott would appoint replacements.

Cohen is a trial judge and does not face a retention election. Trial judges are elected in a popular vote. Cohen's seat is not on the ballot in this year's election.

The GOP-controlled Legislature also has placed on the Nov. 6 ballot a proposed state constitutional amendment that would give lawmakers more authority over the court system.

Earlier this year interim State Attorney Peter Antonacci, a Scott appointee, tried to get Cohen to step down from criminal cases. Antonacci made some of the same allegations raised by the Judicial Qualifications Commission.

The panel also cited a letter by Cohen that was published by the Palm Beach Post commenting on the qualifications of a candidate running for state attorney.

In another instance, while at a symposium, Cohen allegedly accused law enforcement of racial profiling and said laws are enforced in a discriminatory manner.

"In doing so you acknowledged that it was improper for you to speak in such a manner, and boasted that you had done so before," the panel wrote.

Cohen can contest the allegations in writing and through a hearing. The commission then can clear him or recommend a penalty ranging from a reprimand to removal from office to the Supreme Court, which has final authority. What do you think?

Copyright 2012 The Associated Press.

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Judge punished for pointing out racial biases

Submitted by CSULB-6F2012 on

I do not think a sitting judge should be punished for pointing out racial biases as long as it doesn't affect his ruling specific cases. However, if there is proof that a judge was unable to perform his duties honorably and ethically due to his views on biases in our society then perhaps measures should be taken to correct this problem. But until there is proof, the judge should have the right to exercise his opinions on racial biases without repercussions.

Shouldnt a judge point out bias?

Submitted by CSULB-28F2012 on

Yes there are guilty and inncocent people, I understand that but if a person is being convicted of a crime and is under the same minority group, and the facts don't add up; why can't the juge raise awareness of bias? Press and news media are supposed to be unbaised yet there is a strong side chosen very often netwrok wise. Bias is prevalant and it is up to the people to point out general bias that isn't to cover their own tracks. I see no wrong being done in stating the obvious.


Submitted by UCCS-S2013-26 on

It seems like he should be pointing our racism in our society. It is important for someone such as a judge to be aware of the racism in our justice system. It may not be appropriate for him to make these comments at certain times but I think it is great that he is bringing awareness to a huge issue in our society today. If he truly believes that someone was arrested due to racial profiling then it is important that he points it out in order to make the justice system less biased.