Seminole judge faces suspension for insulting defendants

A Seminole County judge behaved like a “playground bully” during the trial, insulting defendants and depriving them of their rights, a panel of the Florida Judicial Qualifications Commission said Monday.

District Judge Wayne Culver now faces a 60-day suspension without pay from the Florida Supreme Court — for the second time — for two cases in early 2022 in which he held or threatened to arrest several people for contempt of court. However, the Supreme Court rejected the 60-day sentence in 2022, raising questions about whether it considers that recommendation sufficient.

In February 2022, Culver convicted Samuel Perez of criminal contempt of court for failing to complete a domestic violence program and sentenced him to 179 days in prison, the maximum number of days possible.

Perez was immediately taken into custody because Culver refused Perez’s request to speak on his own behalf. When a woman in the courtroom gallery later tried to speak to Culver, he told her, “Ma’am, sit down or you will be taken into custody as well.”

Perez later successfully appealed his conviction and had his sentence overturned, even though he had already spent over a month in prison. The appeals court found that Culver’s sentence was inconsistent with Florida law. The commission’s investigative panel later found that denying Perez his right to a hearing was a violation of due process.

The day after his confrontation with Perez, Culver yelled at defendant Kevin Newton, who had entered the courtroom in the middle of a hearing, to “shut up and sit down.” When the defendant told him he had had trouble finding a seat in the gallery to wait for his hearing, Culver responded with profanity.

“That’s not silence. You want to be convicted of contempt of court and thrown in jail? I asked you a damn question, asshole,” Culver said. The commission found that Culver had also failed to give Newton his right to a hearing.

The commission concluded that in each case, Culver violated aspects of Florida law, including failing to establish, maintain and enforce the highest standards of conduct, failing to promote judges’ confidence in the integrity and impartiality of the judiciary, and failing to conduct himself in a law-abiding, patient, dignified and courteous manner.

Several notables from the 18th District Court testified in Culver’s favor, including District Attorney Phil Archer, current Chief Judge Charles Crawford, former Chief Judge Jessica Recksiedler and Assistant Seminole County Public Defender James Dowdy.

Culver has apologized to other district court judges for his behavior and any potential embarrassment to the judiciary. He told the commission that his behavior was due to the stress caused by his role as the primary caregiver for his ailing father. Since April 2022, he has been receiving treatment from a psychologist and has completed an anger management course.

That same month, the Judicial Qualifications Commission began investigating Culver in the Newton case.

Culver and the commission had reached a settlement in 2022 recommending the same 60-day suspension as punishment. The state Supreme Court rejected the settlement and ordered a full hearing, which was extended to the second case in February of that year.

It is up to the Supreme Court to implement the recommended sentence.

In addition to the suspension, the panel recommended that Culver be publicly reprimanded and undergo additional anger management and stress therapy courses.