Florida Supreme Court Rejects Agreement Between JQC and Judge John Flynn Over Flawed Reading of Judicial Conduct Code

On Thursday, March 21, 2024, the Supreme Court of Florida rejected a proposed settlement between the state’s Judicial Qualifications Commission and Polk County Judge John Flynn over allegations of misconduct during his 2022 re-election campaign.

The settlement recommended Flynn receive a public reprimand and 30-day unpaid suspension. However, the Court refused the agreement, finding it was partially based on an incorrect reading of standards in the Code of Judicial Conduct.

The case stems from two issues during Judge Flynn’s 2022 campaign. First, the JQC alleged he made biased statements favoring law enforcement and against criminal defendants. Second, Flynn attended a meeting of the Patriot Club of Lakeland, to which his opponent was not invited, and later publicized their endorsement of his candidacy.

In its recommendation, the JQC determined Flynn’s actions with the Patriot Club only violated rules regarding attendance at political party functions. However, the Court disagreed with this classification, stating the findings did not prove the group is actually a political party.

While the Code defines a “political organization” as including both political parties and other groups aimed at electing officials, the majority held the terms “political party” and “political organization” should not be used interchangeably. They remanded the case, instructing the parties to propose a new agreement or proceed in another manner consistent with JQC rules.

In a concurring opinion, Justice Barbara Labarga agreed further proceedings were needed but suggested an evidentiary hearing to establish detailed facts. She also expressed concern about attempting to distinguish political parties from other organizations under the Code, given the impact on allowable campaign activities.

The case will now return to the JQC, where Judge Flynn and organization leaders will decide how to resolve the allegations.

Judge Flynn’s courtroom is located at Bartow, FL 33831-9000, and can be reached at (863) 534-4628.

A copy of the original filing can be found here.