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Florida judge removed from criminal cases over off-color comments from the bench

Rafael Olmeda, South Florida Sun Sentinel on

Published in News & Features

A Broward judge was abruptly transferred from the criminal court bench to civil after he was heard telling one defendant to wear a condom while on probation, nearly using profanity while having another defendant removed from his courtroom, and repeating flamboyant gay stereotypes from the 1990s sketch comedy show “In Living Color.”

All in one day, and all on tape.

Earlier this month, Broward Circuit Judge Gary Farmer was taken off his assignment in criminal court and switched places with Circuit Judge Marina Garcia Wood, who was handling foreclosures. No official explanation was given at the time.

On Thursday, court administration issued a statement confirming the reassignment was a direct result of statements that violated the rules governing how judges are to behave, especially while on the bench.

“The 17th Circuit became aware of certain statements made by Judge Farmer during hearings in the criminal court,” the statement read. “The Chief Judge (Jack Tuter) met with Judge Farmer, who admitted transgressions with the Code of Judicial Conduct. Judge Farmer now serves in the Civil Division of the Circuit.”

In recordings of the Aug. 15 session in Farmer’s courtroom, he is heard expressing surprise that a car theft suspect is expecting three children from three different mothers.

“You’ve been busy,” Farmer says, asking whether the suspect knows the first and last names of the women. “You were just shooting all over the place … I’m going to order that you wear a condom at all times. It’s for your own good. Probation’s gonna check. No, I’m kidding.”

Moments later Farmer tells the defendant he’s going to appoint a new defense lawyer, a married woman from the Broward Public Defender’s Office. “Don’t get her pregnant,” he says.

Later, Farmer is heard asking his deputies to remove a second defendant who lost his temper and started shouting expletives. “Do you want to be held in contempt?” Farmer asks. “You’re definitely helping yourself. Keep going!” The defendant’s lawyer tries to apologize on behalf of his client, but Farmer sounds more interested in how long it’s taking to remove him. “What the f—” he starts to say before catching himself.

Less than a half-hour later, Farmer is in a more jovial mood as a case is called involving a defendant with the last name Jackson.

“Mr. Jackson if you’re nasty,” the judge says, paraphrasing a line from a 1980s Janet Jackson song. “It’s Tito! It’s Marlon.”

 

When one of the lawyers in court riffs off the judge’s comment by suggesting it was Marlon Wayans, Farmer plays along, referencing “In Living Color,” a 1990s sketch comedy series that featured Wayans and three of his brothers.

“Two snaps up and a sweater,” the judge says. “He likes it when the Oilers play the Packers. He used to be a tight end and now he’s a wide receiver.”

The comments were originally spoken on the TV show as gay double entendres.

The complaints about Farmer’s conduct apparently came in phone calls and private meetings but were not put in writing.

“In today’s world it’s debatable whether locker room talk is appropriate even in the locker room,” said defense lawyer Bill Gelin. “It certainly doesn’t belong on the bench.”

Gelin called the comments “degrading” to the defendants.

Farmer was elected to the bench after serving six years in the Florida State Senate, where he rose to the position of minority leader until his fellow Democrats ousted him from the role in 2021.

He did not return a call Thursday seeking comment.

The official statement citing a violation of the Code of Judicial Conduct could spell trouble later for Farmer is the state’s Judicial Qualifications Commission decides to get involved.

Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457. Follow him on Threads.net/@rafael.olmeda.


©2024 South Florida Sun Sentinel. Visit at sun-sentinel.com. Distributed by Tribune Content Agency, LLC.

 

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