11. On November 6, 2009, when the Investigative Panel was expressing its concern that your behavior in the Gibbs matter suggested that you had allowed a marital relationship to influence your conduct or judgment, you failed to disclose to the Panel that you had held an evidentiary hearing on an additional disqualification motion involving Mr. Melnick and your wife in the Butler case. Although not directly related to the merits of the Gibbs motion, the failure to mention the Butler hearing was relevant to the Panel's attempt to ascertain the purpose of your conducting the Gibbs hearing.
12. The Preamble to the Code of Judicial Conduct provides that the Code "is intended to govern conduct of judges and to be binding upon them" and also provides that this Commission should determine "whether there is a pattern of improper activity ...." Your continuing pattern of judicial misconduct indicates a disregard for the Code of Judicial Conduct and constitutes a pattern and practice unbecoming a judicial officer and lacking the dignity appropriate to judicial office, with the effect of bringing the judiciary into disrepute. The foregoing acts violate the Preamble to and Canons 1, 2A, 28, 38(1), 38(2), 38(7) and 3E(1 )(d) of the Code of Judicial Conduct.
13. These acts, if they occurred as alleged, would impair the confidence of the citizens of this State and the integrity of the judicial system and in you as a judge; would constitute a violation of the Preamble and Canons of the Code of Judicial Conduct; would constitute conduct unbecoming a member of the judiciary; would demonstrate your unfitness to hold the office of judge; and would warrant discipline, including, but not limited to, your removal from office and/or any other appropriate discipline recommended by the Florida Judicial Qualifications Commission.
You are hereby notified of your right to file a written answer to the above charges made against you within twenty (20) days of service of this notice upon you.
UPDATE- We came across this comment on a broward blog:
Interesting no one wants to metion that Judge Paul Backman who sits on the JQC prosecuting Cohen has a son who is running against Cohen’s wife for Judge. More interesting is that the victim Steve Melnick didnt file this complaint the JQC on which Judge Backman sits did so himself. Interesting and should be noted.
Rumpole notes: the commentator later clarified the statement to correctly indicate that the JQC filed the complaint, not Backman.