The Florida Supreme Court made the order yesterday after reviewing a report from the state’s Judicial Qualifications Commission (JQC). The Supreme Court ordered the Miami-Dade County judge be suspended with pay.
The two alleged incidents leading to Schwartz’s suspension occurred within 10 days of each other last month. According to the JQC report [PDF], the first occurred at a Coconut Grove restaurant on Mar. 18. It is alleged Schwartz was drunk and both staff and patrons saw her spilling wine and spilling water on the floor while trying to refill her water glass. She was also observed slurring her speech and having difficulty walking.
When a staff member refused to serve her more alcohol she became belligerent. She yelled and swore at the staff that was easily overheard by other staff and patrons. She told one restaurant employee she would have his job for not serving her. Schwartz also called another waiter a “f*****g idiot” and said, “You don’t know who I am.”
Someone called 911 and when police arrived she refused to cooperate with them, called them “pigs,” and told the officers they could not do anything to her because she was a judge.
She later told the Commission she had not been drinking or taking any substances and did not believe she committed any ethical violations. This was contrary to what the JQC’s investigation revealed.
The second occurrence took place 10 days later on Mar. 28. The judge was presiding in criminal traffic court when people noticed she appeared to be intoxicated. The Chief Judge removed her from the court and told her to go home.
She said she would drive home but officers would not let her. Her bailiff drove her home and said she had difficulty giving directions and could not remember her address. She also did not know who the bailiff was or whose car she was in.
Since the Mar. 28 incident, Schwartz has been on paid medical leave.
This was not the first suspension Schwartz has received. A few months ago she was suspended for 30 days without pay, fined $10,000, and received a public reprimand after an incident that occurred on June 2, 2014 when she was in the middle of a re-election campaign. She was found to have been aggressive and swore at a convenience store clerk because the store had a large campaign poster of her opponent.
Jeffrey Feiler, Schwartz’s attorney, said his client had not been drinking but her actions were as the result of new prescription medication.
Schwartz will remain suspended with pay until the investigation is concluded.
