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Florida judge told attorneys to shut up, asked if Black person had 'chopped cotton,' report says

Camila Gomez, Orlando Sentinel on

Published in News & Features

ORLANDO, Fla. — An Orange County circuit court judge faces discipline after an investigation found he told public defenders to “shut up” and asked if a Black person had ever “chopped cotton,” according to court records filed with the Florida Supreme Court this week.

Judge John E. Jordan violated the Code of Judicial Conduct for his “intemperate behavior and inappropriate commentary,” according to the Florida Judicial Qualifications Commission, an independent body that investigates misconduct by state judges.

Jordan, who has served as a circuit judge since 2011, could face a public reprimand for his actions. He has admitted to his misconduct and expressed “deep regret,” according to the commission’s findings. Jordan did not immediately respond to a request for comment.

The investigation into Jordan began in October and centers around two incidents that took place last year. In one of those incidents, Jordan “unprofessionally scolded” two public defenders during an aggravated battery case in April.

“How much time do you need? Can I get you something to eat? Something to drink?” Jordan told the public defenders after becoming impatient during the jury selection process.

The public defenders complained they were being rushed, but Jordan raised his voice and went on to tell them to “shut up” three times. One of the public defenders moved for a mistrial and to disqualify Jordan for his behavior, but he denied those motions.

Jordan declared a mistrial later in the proceedings after one of the defense attorneys described his unprofessional tone in court.

“Your sarcastic remark is noted. And that’s not how it went down, but I understand what is going on. I’m declaring a mistrial, and we’ll get another judge for you,” Jordan said, the court records show. “No. I’m done. I’m not going to deal with this pettiness like this.”

The second incident occurred almost four months later while Jordan was presiding over a plea hearing for a Black defendant.

At one point, Jordan asked the defendant or her great-uncle, who is also Black, if they had ever “chopped cotton.” It wasn’t clear from the court records to whom he addressed the question. Jordan also wondered out loud if he should order the defendant to “work the land” as part of her required 30 hours of community service, according to the investigation’s findings.

“You ever chopped cotton before? You know what that is? You take a hoe and you knock out the weeds. That’ll—That’ll straighten you up real quick doing that stuff,” Jordan said.

 

Jordan later admitted his comments were “ill-considered” and said he didn’t consider how the comments would come across. He also told the investigative panel that he used to spend summers working on his relatives’ farm in Texas.

Jordan insisted he isn’t racist and said he didn’t know why he suggested working the land as a possible action for discipline.

The commission found that Jordan has not made any rulings “improperly based on race.”

The commission remained concerned, however, that Jordan “failed to grasp” how his comments were inappropriate “in the moment or in the days thereafter.” Jordan admitted that his comments were “not dignified” and could affect public perception of the judiciary.

The commission ultimately determined Jordan’s behavior violated four sections of the judicial code of conduct. That includes provisions requiring judges to be courteous, without prejudice and to act in a manner that “promotes public confidence in the integrity and impartiality of the judiciary.”

The close timing of the two incidents also concerned the commission as it seemed to show “a pattern of misconduct involving a judge who reacts or makes off-hand comments which fail to uphold the high standard of conduct required of judges.”

Jordan will be accepting the sanction, according to court records, but it still needs to be approved by the Florida Supreme Court.

Jordan won re-election in 2020 without facing an opponent. His current term ends in January 2027.

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