Petitioner: IN RE: JULIANNE HOLT
Respondent: *
Judges: STEPHEN F. DEAN
Agency: Florida Commission on Ethics
Locations: Tampa, Florida
Filed: Jan. 13, 2003
Status: Closed
Recommended Order on Thursday, October 30, 2003.
Latest Update: Jan. 28, 2004
Summary: The issues for determination are: Whether Respondent violated Section 112.313(6), Florida Statutes, by directing Public Defender's Office employees to work on Respondent's re-election campaign during their public working hours; Whether Respondent violated Section 112.313(6), Florida Statutes, by directing Public Defender's Office employees, during public working hours and using public resources, to prepare and deliver materials for courses that Respondent was teaching; Whether Respondent violate
Summary: The issues for determination are: Whether Respondent violated Section 112.313(6), Florida Statutes, by directing Public Defender's Office employees to work on Respondent's re-election campaign during their public working hours; Whether Respondent violated Section 112.313(6), Florida Statutes, by directing Public Defender's Office employees, during public working hours and using public resources, to prepare and deliver materials for courses that Respondent was teaching; Whether Respondent violated Section 112.313(6), Florida Statutes, by directing a Public Defender's Office employee to take Respondent's personal automobile in for repairs during public work hours; Whether Respondent violated Section 112.313(6), Florida Statutes, by directing a Public Defender's Office employee to make personal bank deposits for Respondent and her mother during public work hours; and Whether Respondent violated Section 112.313(6), Florida Statutes, by directing Public Defender Office employees to type personal letters for Respondent during public work hours.The Advocate proved two of the alleged violations (using public resources to type private letters and prepare teaching materials). The RO discusses appropriate "non-business" letters and activities, and the allegations of misuse of public resources.
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Complaint Nos. 00-081, 00-084,
& 00-093 (Consolidated)
In re JULIANNE HOLT,
Respondent.
DOAH Case Nos. 03-0122EC,
03-0199EC, & 03-03-0200EC
Consolidated © a
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Final Order No. 04-002
FINAL ORDER OF DISMISSAL
This matter came before the State of Florida Commission on Ethics, meeting in public
session on January 22, 2004, pursuant to the Recommended Order of the Division of
Administrative Hearings' (DOAH) Administrative Law Judge (ALJ) rendered in this matter on
October 30, 2003. The Respondent and the Commission’s Advocate each filed exceptions to the
Recommended Order and each filed responses to the other’s exceptions, the Commission was
provided with the record (including a transcript) of the DOAH proceedings, and both the
Respondent and the Advocate made argument to the Commission; and the Commission, having
considered the Recommended Order, the exceptions and responses thereto, argument of the
Respondent and the Advocate, the record, and the deliberations of its members, voted to dismiss
the matter.
Accordingly, the allegations against the Respondent, Julianne Holt, as Public Defender of
the State’s Thirteenth Judicial Circuit, as contained in the above-referenced ethics complaints
and the DOAH Recommended Order, are hereby dismissed.
ORDERED by the State of Florida Commission on Ethics meeting in public session on
January 22, 2004.
RICHARD L. SPEARS
Chair
THIS ORDER CONSTITUTES FINAL AGENCY ACTION. ANY PARTY
WHO IS ADVERSELY AFFECTED BY THIS ORDER HAS THE RIGHT TO
SEEK JUDICIAL REVIEW UNDER SECTION 120.68, FLORIDA STATUTES,
BY FILING A NOTICE OF ADMINISTRATIVE APPEAL PURSUANT TO
RULE 9.110 FLORIDA RULES OF APPELLATE PROCEDURE, WITH THE
CLERK OF THE COMMISSION ON ETHICS, 3600 MACLAY BLVD.,
SOUTH, SUITE 201, TALLAHASSEE, FLORIDA 32312, P.O. DRAWER
15709, TALLAHASSEE, FLORIDA 32317-5709; AND BY FILING A COPY
OF THE NOTICE OF APPEAL ATTACHED TO WHICH IS A CONFORMED
COPY OF THE ORDER DESIGNATED IN THE NOTICE OF APPEAL
ACCOMPANIED BY THE APPLICABLE FILING FEES WITH THE
APPROPRIATE DISTRICT COURT OF APPEAL. THE NOTICE OF
ADMINISTRATIVE APPEAL MUST BE FILED WITHIN 30 DAYS OF THE
DATE THIS ORDER IS RENDERED.
ce: Mr. Gregory W. Kehoe, Attorney for Respondent
Ms. Kathleen Clark Ford, Attorney for Respondent
Mr. James H. Peterson, 1, Commission Advocate
Ms. Wanda L. Moore, Complainant
Mr. Joseph M. Moore, Complainant
Ms. Sharon Slater, Complainant ;
The Honorable Stephen F. Dean, Administrative Law Judge a
Division of Administrative Hearings
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Docket for Case No: 03-000200EC
Issue Date |
Proceedings |
Jan. 28, 2004 |
Final Order filed.
|
Nov. 24, 2003 |
Response to Advocate`s Exceptions to Recommended Order filed by Respondent.
|
Nov. 14, 2003 |
Respondent`s Exceptions to Recommended Order filed.
|
Oct. 30, 2003 |
Recommended Order (hearing held May 27 through June 13, 2003). CASE CLOSED.
|
Oct. 30, 2003 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Oct. 15, 2003 |
Notice of Filing Amended References to Exhibit A-12 (filed by Advocate via facsimile).
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Oct. 13, 2003 |
Transcript (Sworn Statement of Julianne Holt) filed. |
Oct. 13, 2003 |
Notice of Filing, Transcript of Julianne Holt`s Sworn Statement filed.
|
Sep. 17, 2003 |
Notice of Filing Supplemental Authority filed by Respondent.
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Sep. 11, 2003 |
Proposed Recommended Order (with disk) filed by G. Kehoe.
|
Sep. 10, 2003 |
Advocate`s Proposed Recommended Order filed.
|
Aug. 26, 2003 |
Deposition (of Honorable Raymond O. Gross, Circuit Court Judge) filed.
|
Aug. 26, 2003 |
Respondent`s Notice of Filing Deposition of Honorable Raymond O. Gross, Circuit Court Judge filed.
|
Aug. 12, 2003 |
Letter to Judge Dean from D. Einsmann enclosing the original notebook of Ms. Holt`s exhibits filed.
|
Aug. 11, 2003 |
Condensed Transcript of Proceedings (Volumes IA, IB, II-A, II-B, III-A, III-B, IV-A, IV-B, V, VI-A, VI-B, V-II, V-III, IX, X, XI-A, XI-B, XII) filed. |
Aug. 11, 2003 |
Transcript of Proceedings (Volumes I-A, I-B, II-A, II-B, III-A, III-B, IV-A, IV-B, V, VI-A, VI-B, VII, VIII, IX, X, XI-A, XI-B, XII filed. |
Aug. 11, 2003 |
Notice of Filing, Advocate`s Exhibit "12" filed by J. Peterson.
|
Jul. 16, 2003 |
Notice of Taking Deposition, Honorable R. Gross filed.
|
Jul. 11, 2003 |
Letter to Judge Dean from J. Peterson enclosing 1 box of Advocate`s exhibits filed.
|
Jun. 10, 2003 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Jun. 02, 2003 |
CASE STATUS: Hearing Partially Held; continued to |
May 27, 2003 |
CASE STATUS: Hearing Partially Held; continued to |
May 23, 2003 |
Advocate`s Request to Take Judicial Notice (filed via facsimile).
|
May 23, 2003 |
Joint Prehearing Stipulation (filed via facsimile).
|
May 22, 2003 |
Notice of Hearing (filed by B. New via facsimile).
|
May 22, 2003 |
Motion for Exemption from Rule of Sequestration (filed by J. Peterson via facsimile).
|
May 22, 2003 |
Subpoena ad Testificandum (2), R. Gross, G. Greer filed via facsimile.
|
May 22, 2003 |
Emergency Motion to Quash Subpoena or for a Protective Order and Memorandum of Law in Support Thereof (filed by B. New via facsimile).
|
Apr. 23, 2003 |
Advocate`s Second Request for Production filed.
|
Apr. 14, 2003 |
Notice of Taking Deposition Duces Tecum J. Holt (filed via facsimile).
|
Apr. 08, 2003 |
Advocate`s Response to Respondent`s Request for Production of Documents to the Advocate filed.
|
Apr. 08, 2003 |
Certificate of Service of Advocate`s Answers to Interrogatories to Advocate filed by J. Peterson.
|
Apr. 01, 2003 |
Notice of Taking Deposition Duces Tecum, J. Holt (filed by J. Peterson, III via facsimile).
|
Mar. 05, 2003 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 27 through 30, 2003; 9:00 a.m.; Tampa, FL).
|
Mar. 03, 2003 |
Respondent`s Unopposed Motion to Continue Administrative Hearing filed.
|
Feb. 05, 2003 |
Notice of Service of Advocate`s First Interrogatories to Respondent filed.
|
Feb. 05, 2003 |
Advocate`s First Request for Production filed.
|
Feb. 05, 2003 |
Advocate`s First Request for Admissions filed.
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Jan. 31, 2003 |
Order of Pre-hearing Instructions issued.
|
Jan. 31, 2003 |
Notice of Hearing issued (hearing set for April 14 through 18, 2003; 9:00 a.m.; Tampa, FL).
|
Jan. 30, 2003 |
Order of Consolidation issued. (consolidated cases are: 03-000122EC, 03-000199EC, 03-000200EC)
|
Jan. 22, 2003 |
Initial Order issued.
|
Jan. 13, 2003 |
Order Finding Probable Cause filed.
|
Jan. 13, 2003 |
Advocate`s Recommendation filed.
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Jan. 13, 2003 |
Report of Investigation filed.
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Jan. 13, 2003 |
Determination of Investigative Jurisdiction and Order to Investigate filed.
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Jan. 13, 2003 |
Complaint filed.
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Jan. 13, 2003 |
Agency referral filed.
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Orders for Case No: 03-000200EC
Issue Date |
Document |
Summary |
Jan. 27, 2004 |
Agency Final Order
|
|
Oct. 30, 2003 |
Recommended Order
|
The Advocate proved two of the alleged violations (using public resources to type private letters and prepare teaching materials). The RO discusses appropriate "non-business" letters and activities, and the allegations of misuse of public resources.
|