Florida Attorney General Uthmeier called for the impeachment of Judge Miguel de la O, seemingly as the result of Judge De la O finding a defendant not guilty by reason of insanity. The call for impeachment was supported by Governor DeSantis and is at least the third threatened impeachment of a judge seemingly as the result of an unpopular or politically disfavored ruling.
Judge de la O has served as a circuit judge in Miami-Dade County since 2012 and is widely regarded as a fair, thoughtful, and principled jurist. He received the League of Prosecutors’ Justice Award in 2016, an award from the Florida Association of Criminal Defense Attorneys in 2020, and, more recently, The Florida Bar’s William M. Hoeveler Judicial Professionalism Award, given to judges who exemplify integrity, civility, and respect for everyone who appears before them. These honors reflect a broad, bipartisan consensus in the legal community that Judge de la O is exactly the kind of independent, even-handed judge our system of justice needs.
Quite frankly, however, Judge de la O's qualities have little relevance. He should not be threatened with impeachment for upholding his oath to follow the law (regardless of whether I agree with the ruling). If the problem lies with the law, that problem should be resolved by the Legislature. If the problem lies with the judge's interpretations of the law being deeply unpopular, that problem should be resolved by Floridians at the next election. If the Executive has a problem, those problems should be addressed in the appellate process, not through impeachment. To threaten impeachment because of disfavored rulings--instead of "misdemeanors in office" as contemplated by the Florida Constitution--erodes judicial independence.
As someone who pays close attention to the abuses occurring 90 miles from our shores, it is painfully clear how important judicial independence is to the proper functioning of a government. I have taken the liberty of drafting a letter in support of that bedrock of our legal system which I hope you support. It is below and, as mentioned in the letter, should you wish to sign, please email operations@cabaonline.com before 5:00 today with your name, Florida Bar number, and, if applicable, the firm or organization on whose behalf you are also signing.
As a final note, thank you David for allowing me to post on a more state-focused topic than is typical here.
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