Former Bradenton police chief wrong about election endorsements and judicial ethics | Opinion
I am a retired circuit court judge from Manatee County. I was on the bench for three decades. I am writing in response to the column by former Bradenton Police Chief Michael Radzilowski, published on Bradenton.com Sept. 15, 2020. Respectfully, Mr. Radzilowski has not correctly stated the ruling of the Second District Court of Appeals. Nor do his statements accurately reflect the Judicial Canons, which govern the ethics of judges and judicial races.
In this election for county court judge, there has been a campaign fuss made about the endorsement of Manatee County Sheriff Rick Wells for judicial candidate Kristy Zinna. It is completely proper for a judicial candidate to accept and publicize the endorsement of the Sheriff. This is addressed in Judicial Ethics Opinion 2014-11.
The court opinion that Mr. Radzilowski refers to, and Ms. Zinna’s opponent brings up in candidate forums, dealt with an individual who was already a judge and actively deciding cases while also campaigning. The court did not require the judge in that case to recuse himself simply because he publicized his endorsements by the Sheriff and the State Attorney.
The court has ruled consistently that an endorsement alone does not create bias. The issue in that case largely centered around the fact that the judge’s publicized endorsements were only from the State Attorney and law enforcement. That is not the case at all in our current election because Ms. Zinna not only publicizes the endorsements of Sheriff Wells, the Police Benevolent Association and Fraternal Order of Police, but she also publicizes the endorsements of many local business leaders and local criminal defense attorneys, including that of her former opponent in this race, Chris Pratt. Ms. Zinna has followed all ethical codes of conduct governing judicial candidate’s publishing of endorsements.
Manatee County criminal defense attorney Mark Adams, who co-wrote the original motions and writs that were the basis for the appeal discussed by Mr. Radizlowski, has himself offered the following regarding the September 15, 2020 article:
“I was one of the criminal defense attorneys who actively sought to have the judge recused in several of my criminal cases. I was also one of the principle attorneys who helped research and draft what became a standard filing in the recusal cases. Mr. Radzilowski’s description of those recusal cases is grossly oversimplified, misleading at best, and just plain false in some regards.
“There is nothing inherently wrong with a judicial candidate obtaining an endorsement from the head of a police agency and then advertising this endorsement. In fact, it is pretty common. I do find it ironic that Mr. Radzilowski criticizes the use of police agency endorsements, and then in the same article proceeds to announce his own endorsement of a judicial candidate, and further suggests many other unnamed police authorities also endorse this same candidate. Especially when this candidate has not herself chosen to advertise these ‘endorsements.’”
Manatee County Sheriff Rick Wells, after reading the Sept. 15, 2020 article, has given the following statement
“I have decided to endorse Kristy Zinna for Manatee County Judge because I believe her to be a fair and impartial person who will justly decide cases in Manatee County. I was personally asked by Ms. Zinna’s opponent, Melissa Gould, to endorse her instead for this Judge seat. I politely refused. My support fully goes to Ms. Zinna.”
If a candidate for judge claims the law has been violated, accuracy is everything. That applies to the candidate’s supporters as well. Misinterpretations of the law can distract voters from the real issues in an election.
My review of Kristy Zinna’s website and Facebook campaign page showed that unlike what occurred in the case referenced by Mr. Radzilowski, Candidate Zinna has followed the Ethical Code of Conduct by publishing all endorsements received across a wide spectrum of supporters. She has followed the rules and law, which is the essence of impartiality.
Scott Brownell of Manatee County is a retired judge in the 12th Judicial Circuit.