Inquiry Concerning a Judge No. 19-351 Re: Marni A. Bryson ( 2021 )

Supreme Court of Florida
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No. SC21-546
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INQUIRY CONCERNING A JUDGE NO. 19-351 RE: MARNI A.
BRYSON.
November 24, 2021
PER CURIAM.
In this case, we consider the findings and recommendations of
the Florida Judicial Qualifications Commission (JQC) concerning
Palm Beach County Judge Marni Bryson, as well as the stipulation
entered into by Judge Bryson and the JQC. We approve the parties’
stipulation that Judge Bryson be publicly reprimanded, suspended
without pay for ten days, and pay a $37,500.00 fine, because she
acted inappropriately by failing to devote full time to her judicial
duties.
This case arises from events that occurred between 2016 and
2019. As stipulated by the parties and as set forth in the JQC’s
Findings and Recommendation of Discipline:
The Commission investigated allegations that Judge
Bryson was absent from the Courthouse beyond the
permitted number of days for judicial leave, failed to
make appropriate notifications of some absences to
appropriate court management, and on some days she
was in the courthouse the number of hours present fell
below what is expected of trial judges.
The Commission’s investigation found that during
the period from 2016 to 2019, Judge Bryson was absent
from the courthouse in excess of the number of days
authorized for judicial leave. On most of those occasions,
she failed to properly notify or make coverage
arrangements with court management. There were also
some days when Judge Bryson was in the courthouse for
less than a full workday.
For example, the Commission received evidence of
several instances, two specific occasions of particular
note, where long wait times because of Judge Bryson’s
arrival after the scheduled time for the proceedings
inconvenienced litigants, lawyers, and citizens. Judge
Bryson’s failure to notify and make arrangements with
court management led to fellow judges having to preside
over Judge Bryson’s docket until her late arrival.
Based on these events, the JQC concluded that Judge
Bryson’s conduct violated Canons 3A and 3B(4) of the Florida Code
of Judicial Conduct. 1 Judge Bryson admitted her conduct in the
Stipulation and conceded that such conduct was improper.
1. “The judicial duties of a judge take precedence over all the
judge’s other activities.” Fla. Code of Jud. Conduct, Canon 3A. “A
judge shall be patient, dignified, and courteous to litigants, jurors,
witnesses, lawyers, and others with whom the judge deals in an
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After finding that Judge Bryson’s actions violated Canons 3A
and 3B(4), the JQC noted that some of Judge Bryson’s absences
would have been approved had appropriate court management been
informed. Judge Bryson voluntarily handled felony cases for circuit
court judges, volunteered for more night and weekend duty than
required, and she served as an administrative judge for her county
court.
Furthermore, the JQC noted that Judge Bryson’s attendance
and notification of absence has improved since being made aware of
the JQC’s investigation. Judge Bryson has no prior discipline as a
judge and no disciplinary history with The Florida Bar. Both Judge
Bryson and her counsel were cooperative during the JQC’s
investigative process.
“The supreme court may accept, reject, or modify in whole or
in part the findings, conclusions, and recommendations of the
[JQC] . . . .” Art. V, § 12(c)(1), Fla. Const. A judge’s “admissions
bolster the JQC’s findings, which we give great weight as we
official capacity, and shall require similar conduct of lawyers, and of
staff, court officials, and others subject to the judge’s direction and
control.” Fla. Code of Jud. Conduct, Canon 3B(4).
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consider its recommendation of discipline in the instant action.” In
re Angel, 867 So. 2d 379, 383 (Fla. 2004) (citations omitted).
We approve the Stipulation entered by Judge Bryson and the
JQC. Consequently, Judge Marni Bryson is ordered to appear
before this Court for the administration of a public reprimand at a
time to be established by the Clerk of this Court, is suspended
without pay for a period of ten days, and is ordered to pay a
$37,500.00 fine. The effective date of suspension shall be on a date
within thirty days of the issuance of this opinion as determined by
the Chief Judge of the Fifteenth Judicial Circuit. Once the effective
date is determined, the Court Administrator for the Fifteenth
Judicial Circuit shall submit a personnel action request (PAR) form
to the Personnel Office of the Office of the State Courts
Administrator for processing.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, and
GROSSHANS, JJ., concur.
COURIEL, J., recused.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION
AND, IF FILED, DETERMINED.
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Original Proceeding – Judicial Qualifications Commission
Honorable Michelle Morley, Chair, and Alexander J. Williams,
General Counsel, Judicial Qualifications Commission, Tallahassee,
Florida; Henry M. Coxe III and Brian T. Coughlin of Bedell, Dittmar,
Devault, Pillans & Coxe, Special Counsel, Judicial Qualifications
Commission, Jacksonville, Florida; and Lauri Waldman Ross of
Ross & Girten, Counsel, Judicial Qualifications Commission,
Miami, Florida,
for Florida Judicial Qualifications Commission, Petitioner
Robert J. Watson, Stuart, Florida,
for Judge Marni A. Bryson, Respondent
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