Clean Up City of St. Augustine, Florida: Anti-Gay former judicial candidate who said ‘never trust a Muslim’ disciplined. Florida Supreme Court justices levied the punishment on retired Pasco lawyer and former judicial candidate Donald McBath. (Tampa Bay Times)

The Florida Bar announcement states: "Donald Linus McBath, Jr., 12231 Main St., Unit 671, San Antonio, suspended for 91 days effective immediately following a Nov. 27 court order. (Admitted to practice: 1993) McBath, as a judicial candidate, made written and oral statements concerning his political affiliations and his views of classes of parties and issues that were hate-filled, unprofessional and inappropriate. (Case No. SC19-569)"

This intolerant Republican judicial candidate was disciplined for his hateful remarks. Where are the Republicans in Florida who speak up in favor of love, compassion and the Rule of Law? Remember when there were Republicans who worked FOR civil rights? We fondly remember the party of Abraham Lincoln and Everett McKinley Dirksen, a party that stood for progress, not making hateful statements about entire groups of people.

From Tampa Bay Times:

Retired Pasco County family law attorney and once judicial candidate Don McBath was suspended by the Florida Bar for disparaging comments he made about the Muslim and LGBTQ communities on his social media accounts. [[Don McBath campaign / Twitter / Facebook]]

By Josh Solomon

Published 2 hours ago

Retired Pasco County lawyer and former judicial candidate Donald McBath has been disciplined for making disparaging comments about Muslims and LGBTQ people on social media.

The Florida Supreme Court, which handles discipline against lawyers and judges, has handed McBath a 91-day suspension from practicing law for the comments, the Florida Bar announced Friday. Bar records show McBath retired from his law practice in 2018.

In a complaint, the Bar documented 15 comments the San Antonio family lawyer made on Facebook or Twitter. They included anti-Muslim remarks (“never trust a Muslim”), homophobic remarks (“Abstain, if you really have that mental illness. It’s not love”), comments against abortion, comments supportive of President Donald Trump’s travel ban (“They’re leaches on our system.”) and comments attacking “the left” and “liberals."

The Bar also noted his Twitter profile stated: “100% Trump supporter #MAGA; #KAG; proud DEPLORABLE; Pro-God; Christian; Pro-Life; Pro-Gun; Anti-Sharia; Constitutional Conservative; Former Major US Army.”

McBath ran for judge last year in the Sixth Judicial Circuit, which comprises Pinellas and Pasco counties. He lost in the primary to former prosecutor Doneene Loar by more than 16 points.

During his candidacy, McBath confirmed to the Tampa Bay Times the comments were his, but said they wouldn’t prevent him from treating a Muslim or LGBTQ citizen fairly if one appeared before him as a judge.

The Bar nevertheless found his comments inappropriate, asserting he violated its rules regarding professional conduct and judicial canons. McBath “failed to maintain the dignity appropriate to judicial office and act in a manner that is consistent with impartiality, integrity, and independence of the judiciary."

McBath wrote a one-word response to the Bar’s allegations.

“Admit.”

Supreme Court justices levied the suspension and a $1,386 fine.

The lawyer already had his law license suspended for a year, Bar discipline records show, after justices found he mishandled a client’s family law case in 2016.

McBath has faced discipline in the past. He was admonished in 2014 for threatening an opposing party in a cease and desist letter. In 2007, he was suspended for 21 days for filing frivolous paperwork in a divorce case. He was publicly reprimanded in 2002 for committing trust account violations. And in 1997 he was admonished for not competently representing a client and for communicating poorly.

JOSH SOLOMON

St. Petersburg City Hall, Pinellas Courts reporter

Here's the Florida Supreme Court referee's report, which is undisputed:

N THE SUPREME COURT OF FLORIDA (Before aReferee)
Pursuant to the undersigned being duly appointed as referee to conduct disciplinary proceedings herein according to Rule 3-7.6, Rules of Discipline, the following proceedings occurred:
On April 11, 2019, the Bar filed a Formal Complaint and Requests for Admission against Respondent with the Florida Supreme Court and the Supreme Court referred the matter to the Tenth Circuit for appointment of a Referee. On the same day, Chief Judge Donald G. Jacobsgn was appointed as Referee. Also on the same day, Respondent filed his Answer to the Formal Complaint and a response to the Requests for Admissions. On May 30, 2019, the Bar filed a Motion for Judgment on the Pleadings and on June 4, 2019, the Bar's Motion was granted, with no objection from Respondent, and an Order was entered finding Respondent
guilty of all Rules alleged in the Formal Complaint. On June 19, 2019, the Bar filed its Memorandum of Law for Sanctions. On July 1, 2019, atelephonic hearing was held, and argument was presented by the parties. On July 8, 2019, the Bar filed aMotion to Assess Costs. All items properly filed including pleadings, recorded
testimony (if transcribed), exhibits in evidence and the report of referee constitute the record in this case and are forwarded to the Supreme Court of Florida.
II. FINDINGS OF FACT
JurisdictionalStatement. Respondentis,andatalltimesmentionedduring this investigation was, amember of The Florida Bar, subject to thejurisdiction and Disciplinary Rules of the Supreme Court of Florida.
Narrative Summary Of Case. The facts of the case involve Respondent's writtenandoralstatementsconcerninghispoliticalaffiliationsandviewsofclasses of parties and issues likely to come before the court during his candidacy for
judicial office in 2017 and 2018. As ajudicial candidate, but still a lawyer, Respondent is subject to the Rules Regulating the Florida Bar and the Florida Judicial Code of Conduct. Beginning before, but continuing throughout, his
judicial candidacy, Respondent posted on at least two of his personal social media accounts, Twitter and Facebook, his political and religious affiliations and beliefs as well as his personal opinions on several different social issues. Respondent's
2

statements were often times hate-filled, unprofessional, and inappropriate. (See Bar's Formal Complaint, paragraph 11).
Respondent has, in his Answer to the Formal Complaint, and his response to Request for Admissions, admitted to violating the Rules alleged in the Bar's Formal Complaint.
III. RECOMMENDATIONS AS TO GUILT.
I recommend that Respondent be found guilty of violating the following Rules Regulating The Florida Bar:
1. Rule 4-8.2(b) (Candidates for Judicial Office; Code of Judicial Conduct Applies. Alawyerwhoisacandidateforjudicialofficeshallcomplywiththe applicable provisions of Florida's Code of Judicial Conduct);
2.Rule4-8.4(a)(Misconduct- alawyershallnotviolateorattemptto violate the Rules of Professional Conduct);
3. Creed of Professionalism;
4. Oath of Admission to The Florida Bar; and 5. Preamble.
IV. STANDARDS FOR IMPOSING LAWYER SANCTIONS
I considered the following Standards prior to recommending discipline:
5.2 Failure to Maintain the Public Trust
5.22 Suspension is appropriate when a lawyer in an official or governmental position knowingly fails to follow proper procedures or rules
3

and causes injury or potential injury to aparty or to the integrity of the legal process.
7.0 Violations of Other Duties Owed as a Professional
7.2 Suspension is appropriate when a lawyer knowingly engages in conductthat isaviolationofadutyowedasaprofessionalandcausesinjury or potential injury to a client, the public, or the legal system.
9.2 Aggravation
(a) Prior Discipline offenses (d) Multiple Offenses
9.3 Mitigating Factors
(c) Personal or Emotional problems
V. CASE LAW
I considered the following case law prior to recommending discipline:
Rule 4-8.2(b) states that "a lawyer who is a candidate for judicial office shall
comply with the applicable provisions of Florida Code of Judicial Conduct." Canon7oftheCodeofJudicialConduct,titled"ajudgeorcandidateforjudicial office shall refrain from inappropriate political activity," is aprovision of the Code applicable to lawyers running for judicial office. See In Re Kinsey, 842 So. 2d 77, 85 (Fla. 2003) ("The Code of Judicial Conduct governs the activities of all
members of thejudiciary, even those seeking to become members...Canon 7... clearly states that it is applicable to all candidates who are running for office."). A
judicial candidate's public statement of his affiliation with apolitical party is a violation of Canon 7 and Rule 4-8.2(b). Re Decker, 212 So. 3d 291 (Fla. 2017).
4

In Florida Bar v. Williams-Yulee, 138 So. 3d 379 (Fla. 2014), an attorney received apublic reprimand for violating Canon 7 of the Code of Judicial Conduct and Rule 4-8.2(b). The attorney's conduct included personally and directly solicitingcontributionsandmakingamisrepresentationoffacttoareporterin violation of Canon 7C(l).
In Florida Bar v. Hotusing, 2016 WL 661390 (Fla. 2016), The Court approved an uncontested report of referee for apublic reprimand administered by appearance before the Board of Governors. The attorney's misconduct took place while he was campaigning for judicial office in 2014. The attorney's Judicial Candidate Voluntary Self-Disclosure Statement contained inconsistencies in his
work history. The attorney also made remarks during a radio interview that violated Canon 7 of the Code of Judicial Conduct. In aggravation, respondent had a prior disciplinary history for judicial campaign violations, engaged in multiple offenses, engaged in apattern of misconduct and had substantial experience in the practice of law. In mitigation, he fully cooperated with the Bar and was remorseful.
For further consideration, the Bar provided persuasive case law from Florida's Judicial Qualification Commission ("JQC")proceedings. While the following proceedings discipline judges, the conduct at issue is relevant as is the ultimate disposition decided upon by The Supreme Court of Florida. The Supreme Court of Florida has the ultimate authority to discipline both attorneys andjudges.
5

In re Angel, 867 So. 2d 379 (Fla. 2004) ajudge received a public reprimand for engaging in prohibited partisan political activity during his judicial campaign. Thejudge attended picnics sponsored by political groups where his opponent was not invited and where the judge campaigned for election. He attended and
participated in meetings of political groups where his opponent was not invited or in attendance, he permitted a family member to campaign in his behalf at events sponsored by political groups where his opponent was not invited or present, and held himself out as a partisan political party during his campaign.
Re Kollra, 2019 WL 1716378 (Fla. April 18, 2019) ajudge received a public reprimand for engaging in partisan political activity during his judicial reelection campaign. During a newspaper interview, the judge disclosed his political party affiliation when asked by the reporter. His opponent declined to answer the same question. Although the newspaper did not publish this response, the judge understood at the time he answered the question that it could be published. Thereafter,thejudgeattendedajudicial candidateforumthatwasadvertisedasan endorsement event for a partisan political organization which then endorsed him for office. Later, the judge publicly disclosed during ajudicial candidate forum that
he had been endorsed by this organization.
6

VI. RECOMMENDATION AS TO DISCIPLINARY MEASURES TO BEAPPLIED
I recommend that Respondent be found guilty of misconduct justifying disciplinary measures, and that be disciplined by:
A. 91 Day Suspension
B. Payment of The Florida Bar's costs in these proceedings.
VII. PERSONAL HISTORY, PAST DISCIPLINARY RECORD
Prior to recommending discipline pursuant to Rule 3-7.6(m)(1)(D), I considered the following:
Personal History of Respondent:
Age: 62
DateadmittedtotheBar: April22,1993 Prior Discipline:
1. In April 2014, in Florida Bar File No. 2013-11, 139 (6B), the Grievance Committee admonished Respondent for making numerous threats to an opposing party in a cease and desist letter.
2. On August 30, 2007, in Case No. SC06-1440, The Supreme Court of Florida suspended Respondent from the practice of law for twenty- one (21) days for filing a frivolous petition for adjudication of dependency in an attempt to gain leverage in a dissolution of marriage case and to inappropriately forum shop.
7

3. On February 14, 2002, in Case No. SC01-2324, The Supreme Court of Florida publicly reprimanded Respondent for trust account violations and failure to properly supervise a non-lawyers' conduct.
4. In February 1997, Respondent received an admonishment from the Grievance Committee. For failure to competently represent the client
and inadequate communication.
STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED
I find the following costs were reasonably incurred by The Florida Bar:
Court Reporters' Fees Administrative Fee
TOTAL
It is recommended that such costs be charged to respondent, over his
objection, and that interest at the statutory rate shall accrue and be deemed delinquent 30 days after the judgment in this case becomes final unless paid in full or otherwise deferred by the Board of Governors of The Florida Bar.
Dated thi
y of Au
st, 019.
Ilonald G Jacobsph, lieferee Polk County Cotirthbuse PO Box 9000 (
Bartow, FL 33831-9000
8
$136.00 $1,250.00
$1,386.00

Original To:
Clerk of the Supreme Court of Florida; Supreme Court Building; 500 South Duval Street, Tallahassee, Florida, 32399-1927
Conformed Copies to:
Donald Linus McBath Jr., 12231 Main St Unit 671, San Antonio, FL 33576-7232, mcbathlaweroup@gmail.com:
Lindsey Margaret Guinand, Tampa Branch Office, 2002 N. Lois Ave., Suite 300Tampa, Florida 33607-2386, lauinand@floridabar.ore; and
Allison Carden Sackett, Interim Staff Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-2300, via email at asackett@floridabar.org.

From The Advocate and Pink News, 2018:

Republican judge candidate Donald McBath says gays have ‘mental illness’ and face ‘eternal damnation’

NICK DUFFY JUNE 1, 2018

A Republican candidate running to become an elected judge in Floridahas claimed that homosexuality is a “mental illness”

The comments come from Donald McBath, a Republican candidate to replace Circuit Judge Frank Quesada on the Sixth Judicial Circuit of Florida.

McBath faced questions about his suitability to be a judge over the February 25 post, which states: “If the homosexuals continue committing that sin of sodomy, his soul faces ETERNAL damnation.

“Abstain, if you really have that mental illness. It’s not love.”

In an interview with the Tampa Bay Times, McBath said: “I absolutely can still be fair no matter what kind of beliefs that I may have.

“We all have our own personal beliefs based on what happened in our lives, and as long as it doesn’t interfere with how we treat a person, that’s the goal.”

(McBath4Judge)

However he told the outlet: “Let me make it more clear. Jesus condemned sodomy!”

Jesus did not ever mention or condemn homosexuality.

The candidate has also posted disparaging comments about Muslims.

Stetson University College of Law professor Louis Virelli III, an expert in judicial bias, told the newspaper: “[It’s] terribly bad form to elect a judge who has committed to strong negative feelings about an entire segment of the population that he or she is going to be responsible to administer justice to.”

Of the prospect that McBath may have to recuse himself from cases relating to minorities, he said: “It is going to put a strain on the system.

“I can’t imagine a Muslim litigant or lawyer would not take seriously the prospect of a recusal motion if these statements are true and if they reflect the judge’s thinking, and there’s no reason to believe that they don’t.

“They are going to be making arguments and presenting evidence that his prior statements indicate he isn’t inclined to believe them based on who they are.”

Despite his apparently devout Catholic religious beliefs, McBath currently works as a divorce attorney.

Nadine Smith of Equality Florida said: “Don McBath has revealed himself to be incapable of treating the LGBT community with dignity and respect.

“He lacks the temperament required of a judge to deal impartially with the facts.”

In a statement McBath said: “I have very strong personal beliefs about what is right and wrong.

“As a Christian, I love homosexuals. I just don’t like the sinful act of sodomy. In my personal opinion, the Bible is clear as to the sin. It is unnatural.

“It doesn’t mean that two males or two females can’t be best friends. Our Lord Jesus Christ talks about the fact we should love the sinner but hate the sin.

“God came to the earth to save us so we could all go to Heaven. It’s up to each one of us to conduct ourselves in a Godly manner.”

Don McBath (McBath4Judge)

He added: “I stand by my statement: ‘I can make a fair decision as a Judge and apply the law to the facts no matter what a person believes. I will seek the TRUTH and apply the law of the land.’

“I firmly believe that we can learn something from every religion, ideology, political party, country and person, as long as we keep our minds and hearts open to God.”

Voters will go to the polls on August 28 for the primary.

McBath is up against Pinellas-Pasco prosecutor Doneene Loar.

On Twitter the candidate describes himself as a “Trump supporter; Pro-God; Catholic; Pro-Life; Pro-Gun; Anti-Sharia; Anti-Liberal; Conservative USA Constitutionalist; Rotarian; Divorce Attorney.”

The Republican Party has faced an influx of openly homophobic candidates in recent years.

A candidate for the Governor of Massachusetts, Scott Lively, picked up nearly a third of the vote from GOP members in the Primary, despite advocating for gay people to be put to death.

Lively, who penned controversial book The Pink Swastika blaming gay people for the Holocaust, picked up 27.67 percent of the votes from delegates at the state GOP convention – enough to secure a run-off against the incumbent Governor Charlie Baker.

In California a Republican candidate may face a criminal probe after live-streaming herself harassing a transgender woman in a bathroom.

Jazmina Saavedra, who is running as a Republican in the California’s 44th Congressional district, broadcast the shocking incident on Facebook Live last month.

The candidate, who is also a spokesperson for the group ‘Latinos For Trump’, filmed herself shouting abuse at a transgender woman who was using the bathroom in a Denny’s restaurant.