Under one-party Dull Republican rule in Florida, there's a "race to the bottom," in Justice Louis Dembitz Brandeis' phrase. Another louche loudmouth behaving badly. From Florida Today:
Randy Fine faces contempt hearing over 'offensive conduct' during online court appearance
State Rep. Randy Fine will face a contempt of court hearing next month after allegedly making obscene gestures and other "offensive conduct" during a recent online court appearance, according to an order filed Tuesday by a Brevard County judge.
Screenshots taken during Fine's appearance in an Aug. 19 hearing, over a now-dismissed lawsuit against Brevard County Supervisor of Elections Tim Bobanic, appear to show him giving the middle finger and making other gestures at the camera.
An order filed late Tuesday from Circuit Judge Scott Blaue also highlights a courtroom dress code outlined in a list of best practices distributed by the Florida Bar. Fine was wearing a t-shirt advertising his State Senate campaign during the appearance.
The hearing is slated for Oct. 1, according to the order.
Alleged conduct happened during elections lawsuit hearing
"Upon consideration of the Court's observances and information attached hereto, you are commanded to appear and then and there show cause why you should not be held in civil contempt of court ... for your actions, which include: offensive conduct intended to hinder or obstruct a court proceeding; or lessen the court’s authority or dignity," Blaue wrote in the order.
Blaue dismissed the case against Bobanic last month. The plaintiff in the suit, Robert Burns, a local political consultant and owner of the Space Coast Rocket news site, sought an order to have Bobanic remove Fine and other candidates from certain races on the August primary ballot.
Fine won two races last month, including his State Senate race, which was not part of the lawsuit. He also won a primary race for Republican state committeeman, a GOP leadership position.
Burns and Fine have a long-running public feud going back to 2020, when Burns represented Fine's opponent in a particularly vicious primary race.
Fine: Contempt order is 'clearly retaliatory'
Blaue published Fine's home address in an earlier motion in the case, just before Fine said he received death threats that led to a felony arrest in Massachusetts. FLORIDA TODAY confirmed the arrest with the Florida Department of Law Enforcement.
Fine referenced the incident, along with others — including a dispute over reported attempts to subpoena Fine in the case, and a hearing scheduled in the Bobanic case a day before the primary election — in a lengthy statement about the judicial order.
"Judge Blaue's behavior in this case has been nothing short of appalling. But he is right about one thing — I have contempt for his court," Fine said in the statement. He called the order "clearly retaliatory" over a complaint he said he filed against Blaue with the Florida Judicial Qualifications Commission over the incidents.
"From inserting himself into the case despite it being assigned to another judge, to giving Robert Burns clearly improper legal advice naming me as a party, from irresponsibly publishing my personal address which may have directly led to a death threat, to breaking the law by ordering my tax-payer funded office be used for political matters, ..., Blaue clearly has no idea what he is doing. Or he does — and is supporting Trump-style lawfare in our community," Fine wrote.
"Now Blaue wants to have a hearing based on alleged behavior two weeks ago — using photographs Blaue himself said must not exist (due to courtroom restrictions on recording), and that if it actually happened and Blaue was paying attention, he would have seen and handled in real time," Fine wrote. "He doesn't seem to realize that the entire premise of the hearing is that he doesn't know what is happening in front of his face in his own courtroom."
"In requesting the hearing, he shows contempt for the job he is supposed to do," Fine's statement went on. "While this case was a frivolous joke, under normal circumstances Blaue has the power to take people's freedoms away. That is no joke. Blaue has no business making life and death decisions for the people of Brevard County and I suspect the JQC would agree."
Michelle Kennedy, a spokesperson for the 18th Judicial Circuit, said that Blaue was prohibited from responding to Fine's comments under the judges' code of conduct.
"Florida’s Code of Judicial Conduct requires judges to maintain order and decorum in all proceedings before the judge. The Code of Conduct also prohibits judges from making public comments while a proceeding is pending or impending in any court. So, while others may exercise great freedom to voice their opinions, Judge Blaue cannot," Kennedy wrote in a statement.
Order included screenshots, emails
Exhibits attached to the order include a number of screenshots of Fine apparently giving the middle finger and making an "'L' for Loser" gesture, as well as a chat log and a follow-up email from spectators to the virtual hearing condemning Fine's conduct.
"I am watching the hearing and Randy Fine is making concern(sic) hand gestures at the Judge and Mr. Burns as well as mouthing vulgar words (such) as (expletive) you (expletive)," Chuck Sheridan, Fine's then-opponent in the August Republican State Senate primary, wrote to Blaue's assistant.
FLORIDA TODAY reviewed an email from Burns to the judge and other parties calling on Blaue to take action over the alleged incident.
"Throughout my presentation, on at least eight separate occassions, Mr. Fine engaged in disruptive and disrespectful behavior," Burns wrote in the Aug. 27 email. "This behavior was not only unprofessional and unbecoming, but it also showed a blatant disregard for the decorum of this Court."
In a reply-all response to Burns' email, Fine simply wrote: "Cry harder."
"He (Burns) just wants to complain about wasting our time," Fine said about the email chain. Burns declined to comment for this story.
Eric Rogers is a watchdog reporter for FLORIDA TODAY. Contact Rogers at 321-242-3717 or esrogers@floridatoday.com.
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