Filing # 25324536 E-Filed 03/25/2015 04:20:51 PM

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSIONSTATE OF FLORIDA

INQUIRY CONCERNING A JUDGE SC13-1333LAURA M. WATSON, NO. 12-613

MOTION OF THE FLORIDA BAR, HENRY M. COXE, III, ANDGHENETE WRIGHT MUIR FOR EXTENSION OF TIME TO RESPOND

TOJUDGE WATSON'S NOTICE OF DIRECT CRIMINAL CONTEMPT BY

THE FLORIDA BAR AND JUDICIAL QUALIFICATIONS COMMISSION(Coxe, McGrane and Muir)

-and-

MOTION TO REJECT THE REPORT AND RECOMMENDATIONS OFTHE JQC BASED UPON PERJURY, FRAUD, SPOLIATION OFEVIDENCE AND NUMEROUS VIOLATIONS OF THE RULES

REGULATION THE FLORIDA BAR,AND OTHER RELIEF

The Florida Bar ("Bar"), Henry M. Coxe, III ("Coxe), and Ghenete Wright

Muir ("Muir") (collectively "Movants"), hereby request an extension of time to file

their Response to Judge Watson's Notice of Direct Criminal Contempt by The

Florida Bar and Judicial Qualifications Commission (Coxe, McGrane, and Muir),o

and Motion to Reject the report and Recommendations of the JQC Based Upon

Perjury, Fraud, Spoliation of Evidence and Numerous Violations of the Rules

Regulating The Florida Bar, and Other Relief. As grounds for such motion, the

Movants state as follows:

1. On March 11, 2015, Judge Watson filed her Notice of Direct Criminal

Contempt by The Florida Bar and Judicial Qualifications Commission (Coxe,

McGrane and Muir) and Motion to Reject the Report and Recommendations of the

JQC Based Upon Perjury, Fraud, Spoliation of Evidence and Numerous Violations

of the Rules Regulating The Florida Bar, and Other Relief ("Judge Watson's

Motion.")

2. Judge Watson's Motion consists of 70 pages, along with an

accompanying Appendix which was electronically filed on March 14, 2015.

3. Inclusive of the time permitted to respond to a motion after service of

same by mail or email, the Movants' Response to Judge Watson's Motion is

currently due March 26, 2015. See Fla. App. P. 9.300 and 9.420(e).

4. The undersigned counsel agreed to represent Movants on Friday,

March 20, 2015. Upon commencement of the representation, and understanding

that The Florida Judicial Qualifications Commission ("JQC") had sought and

obtained, without objection from Watson's counsel, an extension until April 10,

2015, Movants requested a similar extension of time to respond. (Composite

Exhibit "A")

5. Initially, counsel for Watson agreed to an extension of time equal to

that granted to counsel for the JQQ, or until April 10, 2015. (Composite Exhibit

"A")

6. Notwithstanding initial consent to Movants' motion to extend, on

Saturday, March 21, 2015, counsel for Watson wrote counsel for movants a letter

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advising that she apparently had reconsidered her consent and opposed the

extension for the reason that, as the Florida Supreme Court had not yet issued a

rule to show cause, Movants' "request for such extension of time at this point in

time, is premature, and we oppose it." (Composite Exhibit "B")

7. Watson's motion, among other requests for relief, asks the Court to:

"2) appoint an independent and neutral expert, paid for by The

Florida Bar and JQC jointly and severally, to perform an IT

examination of all the Bar and JQC records regarding Judge

Watson, her public record requests, and her discovery requests

in the JQC proceeding;" and

"3) issue an order to show cause to Bar Counsel, Henry M.

Coxe, III and Ghenete Wright Muir."

8. These requests for relief are separate and distinct and will, at the

appropriate time, require separate responses. It goes without saying that Movants

will oppose the relief sought, believing the requests to be lacking in merit.

9. The present posture of the case is that the JQC, and presumably its

counsel Miles A. McGrane, without objection from Watson's counsel, have been

granted an extension of time until April 10, 2015, to respond to the same demands

for relief, while Movants' effort to obtain the same extension is being opposed.

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10. Counsel for Movants, having just been engaged to represent Movants,

and attempting to obtain documents that may assist in preparing Movants'

response, respectfully requests an extension until April 10, 2015, to correspond to

the extension granted to the JQC by Order dated March 19, 2015. (Exhibit "C")

11. The prayer for relief as relates to the request for the appointment of

"an independent and neutral expert...to perform a IT examination..." is different

from the request for an order to show cause as relates to Movants Coxe and Muir.

12. The undersigned certifies that prior to filing this motion, he conferred

with Colleen Kathryn O'Loughlin, counsel for Judge Watson as above set forth,

and is authorized to represent that Judge Watson objects to the relief sought in this

motion.

WHEREFORE, Counsel for Movants respectfully prays for entry of an order

granting an extension through April 10, 2015, to respond to Judge Watson's Notice

of Direct Criminal Contempt by The Florida Bar and Judicial Qualifications

Commission (Coxe, McGrane and Muir, and Motion to Reject the Report and

Recommendations of the JQC Based Upon Perjury, Fraud, Spoliation of Evidence

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and Nurnerous Violations of the Rules Regulating The Florida Bar, and Other

Relief.

/s/ Rutledge R. LilesRutledge R. LilesFlorida Bar No. 102805rliles@lilesgavin.comLILES GAVIN, PA301 W. Bay St., Suite 1030Jacksonville, FL 32202T: 904-634-1100F: 904-634-1234Attorneys for The Florida Bar, HenryM Coxe, III, and Ghenete WrightMuir

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has beenfurnished by email on this Jrd day of March, 2015, to the following:

Marvin E. Barkin, Esq., and Lansing C. Scriven, Esq., Trenam, Kemker, Scharf,Barkin, Frye, O'Neil & Mullins, 101 E. Kennedy Blvd., Suite 2700, Tampa, FL

. 33602 (mbarkin@trenam.com; 1scriven@trenam.com); Lauri Waldman Ross,Esq., Ross & Girten, 9130 S. Dadeland Blvd., Miami, FL 33156(lwrpa@laurilaw.com); Hon. Laura Marie Watson, Circuit Judge, 17* JudicialCircuit, 201 S.E. 6th St., Room 1005B, Ft. Lauderdale, FL 33301(jwatson@l7th.flcourts.org; ltucker@l7th.flcourts.org); Robert A. Sweetapple,Esq., Sweetapple, Broker & Parkas, 165 E. Boca Raton Rd., Boca Raton, FL 33432(pleadings@sweetapplelaw.com; cbailey@sweetapplelaw.com); David B.Rothman, Esq., Rothman & Associates, Special Counsel to The Florida Bar, 200 S.Biscayne Blvd., Suite 2770, Miami, FL 33131 (dbr@rothmanlawyers.com);Colleen Kathryn O'Loughlin, Esq., Colleen Kathryn O'Loughlin, Pa, 1201 N.Federal Highway, #4493, Ft. Lauderdale, FL 33338(colleen@colleenoloughlin.com); J. S. Specular, Esq., Jay Specular, PA, MuseumPlaza, Suite 900, 200 S. Andrews Ave., Ft. Lauderdale, FL 33301(jay@jayspechler.com); The Hon Kerry I. Evander, Fifth District Court of Appeal,300 S. Beach St., Daytona Beach, FL 32114 (evanderk@ficourts.org).

/s/ Rutledge R. Liles

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COMPOSITE EXHIBIT "A"

Rutledge Liles

From: Rutledge LilesSent: Friday, March 20, 2015 4:47 PMTo: colleen@colleenoloughlin.comSubject: Inquiry Concerning A Judge---LAURA M. WATSON--SC13-1333/No. 12-613

Dear Ms. O'Loughlin:

I just left you a voice mail advising that I will be representing both The Florida Bar and Hank Coxe in connection with theNotice of Direct Criminal Contempt you recently filed in the above referenced matter.

I understand that you consented to an extension of time until April 10th within which the JQC can respond to the Notice.I am serving as the chief arbitrator in a nursing home case next week and would appreciate an extension of time withinwhich to respond similar to that granted to the JQC by the Court, or April 10th. I would like to represent to the courtthat you have no objection.

Thank you for your assistance.

Rut Liles

Sent from my iPad

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Rutledge Liles

From: Rutledge LilesSent: Friday, March 20, 2015 4:54 PMTo: Colleen Kathryn O'LoughlinCc: Robert Sweetapple; Jay Spechler; Laura WatsonSubject: Re: Extension of Time

That is very gracious of you. I don't think I will have any trouble responding by the 10th, but appreciate your offer.

Rut Liles

Sent from my IPad

On Mar 20, 2015, at 4:48 PM, Colleen Kathryn O'Loughlin <colleen@colleenoloughlin.com> wrote:

This transmission is protected by the Electronic Communications Privacy Act, 18U.S.C. Sections 2510-2521 and intended to be delivered only to the namedaddressee(s) and may contain information that is confidential, proprietary,attorney work-product and/or attorney-client privileged,. If this information isreceived by anyone other than the named addressee(s), the recipient shouldimmediately notify the sender by E-MAIL and by telephone (954) 467-5505 andobtain instructions as to the disposal of the transmitted material. In no event shallthis material be read, used, copied, reproduced, stored or retained by anyoneother than the named addressee(s), except with the express consent of the senderor the named addressee(s). Thank you.

Good Afternoon Mr. Liles,

I got your voicemessage seeking an extension of time to respond to our motion on behalf of Mr. Coxeand The Florida Bar. You are welcome to an extension of time equal to the time given to Mr. Scriven torespond to our motion. However, we understand that you are new counsel; have a large amount ofInformation to review; and an upcoming trail. Therefore, if you would like additional time beyond April10th to respond to our motion, please let me know how much more time you need, and I believe we canaccommodate you.

Thank you.

ColleenColleen Kathryn O'LoughlinColleen Kathryn O'Loughlin, P.A.1201 N Federal Hwy #4493Fort Lauderdale, Florida 33338(954) 467-5505

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COMPOSITE EXHIBIT "B"

Rutledge Liles

From: Colleen Kathryn O'Loughlin <colleen@colleencioughlin.com>Sent: Saturday, March 21, 2015 12:56 PMTo: Rutledge LilesCc: 'Robert Sweetapple'; 'Jay Spechier'; 'Laura Watson'; 'Colleen Kathryn O'Loughlin'Subject: Clarification of Our Response to Your Request for Extension of Time, and Opposition to

Same At This Time

This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections2510-2521 and intended to be delivered only to the named addressee(s) and may containinformation that is confidential, proprietary, attorney work-product and/or attorney-clientprivileged. If this information is received by anyone other than the named addressee(s), therecipient should immediately notify the sender by E-MAIL and by telephone (954) 467-5505and obtain instructions as to the disposal of the transmitted material. In no event shall thismaterial be read, used, copied, reproduced, stored or retained by anyone other than the namedaddressee(s), except with the express consent of the sender or the named addressee(s). Thankyou.

Good Afternoon Mr. Liles,

Yesterday, as a professional courtesy to you and your clients, we immediately responded to your request on behalf ofMr. Coxe and The Florida Bar for an extension of time to respond to our Notice of Direct Criminal Contempt/Motion toReject the JQC's Report and Recommendations, with no objection. However, we need to clarify our response andposition on such request. While we have no objection to you having an extension of time to respond if and when theFlorida Supreme Court issues a show cause order as to your client(s), your requestfor such extension of time, at thispoint in time, is premature, and we oppose it.

Pursuant to our re-review of Fla. R. Crim. P.3.830 and the extant decisional law, at this time, The Florida Bar and HenryCoxe have no stand ing to file a response to Judge Watson's Notice of Direct Criminai Contempt.

First, The Florida Bar, Mr. Coxe, and Ms. Muir are not parties to this case, and the Florida Supreme Court needs tofirstdetermine if there are grounds to issue a show cause order before they are permitted to respond. Second, nothing inour Notice of Direct Criminai Contempt requests The Florida Bar as a whole, or its officers, to be in held in direct criminalcontempt. The prayer for relief in such Notice/Motion requests that the Florida Supreme Court "issue an order to showcause to Bar Counsel, Henry M. Coxe, || and Ghenete Wright Muir" and "issue an order to show cause to JQC SpecialProsecutor, Miles A. McGrane, 111[.]"

Fla. R. Crim. P. 3.830 provides in pertinent part:

Prior to the adjudication of guilt the judge shall inform the defendant of the accusation against thedefendant and inquire as to whether the defendant has any cause to show why he or she should not beadjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given theopportunity to present evidence of excusing or mitigating circumstances.

While we have put the Florida Supreme Court on notice of acts of direct criminal contempt by your clients, the Court hasnot "informed the defendant[s] of the accusation of criminal contempt" and issued a show cause order "why he or she

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should not be adjudged guilty of contempt". Searcy v. State, 971 So.2d 1008, 1014 (Fla. 3d DCA 2008). Pursuant to suchrule and the authority on criminal contempt, the Florida Supreme Court must first issue a show cause order beforeallowing your clients an opportunity to respond and present evidence that the underlying conduct in question is notcontemptuous. &

Therefore, at this time, Judge Watson is opposed to your request for an extension of time to file a response to herNotice of Direct Criminal Contempt/Motion to Reject the JQC's Report and Recommendations on behalf of your clients,and she will object to and move to strike any motion and response thereto by your clients.

However, if and when the Florida Supreme Court issues a show cause order as to Mr. Coxe and/or Ms. Muir, we willhave no objection to your request for an extension of time to respond at that time.

I am clarifying our response herein as soon as I could, and before you filed your motion to avoid any inconvenience toyou.

Thank you.

ColleenColleen Kathryn O'LoughlinColleen Kathryn O'Loughlin, P.A.1201 N Federal Hwy #4493Fort Lauderdale, Florida 33338(954) 467-5505

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COLLEEN KATHRYN O'LOUGHLIN, P.A.COLLEEN KATHRYN O'LOUGHUN, ATTORNEY * . .�042·ALSQADMTTEDfNGEORG4

March 21, 2015

Via Email to: rliles(allilesgavin.com

Rutledge ilichardsoh ljles,·Esq.Liles Gavin & George, P.A ....301 W. Bay Street, Suite 1030Jacksonville, Florida 32202-5184

Re: Inquiry Concerning A Judge No. 12-613, Case No. SC13-1333Clarification of Our Response to Your Request for Extension of Time to Respond to

�042 Our Notice ofDirect Criminal Contempt, and Opposition to SameAt this Time

Good Afternoon Mr. Liles,

Yesterday, as a professional courtesy to you and your clients, we immediately responded to yourrequest on behalf ofMr. Coxe and The Florida Bar for an extension of time to respond to JudgeWatson's Notice ofDirect Criminal Contempt/Motion to Reject the JQC's Report andRecommendations, with no objection. However, we need to clarify our response and position onsuch request. Whiie-we have no objection to you having an extension of time to respond if andwhen the Pforida Supreme Court issues a show cause order as to your client(s), your requestforsuch extension oftime, à this point in time, ispremature, and we oppose it.

Pursuant to our re-review ofFla. R. Crim. P. 3.830 and the extant decisional law, at this time,The Florida Bar and Henry Coxe have no standing to file a response to Judge Watson's Notice ofDirect Criminal Contempt.

First, The FloridkBar, lùr Coxe, and Ms. Muir are not parties to this case, and the FloridaSupreme Court needs tofrst determine if there are grounds to issue a show cause-order beforethey are permitted to i·espond. Second, nothing in our Notice ofDirect Criminal Contemptrequests The Florida Bar as a whole, or its officers, to be in held in direct criminal contempt. Theprayer for relief in such Notice/Motion requests that the Florida Supreme Court "issue an orderto show cause to. Bar Counsel, Henry M. Coxe, II and Ghenete Wright Muir" and "issue an orderto show cause to JQC Special Prosecutor, Miles A. McGrane, III{.]"

Fla, R. Crini. P. 3;830 provides in pertinent part:

Prior to the adjudication ofguilt the judge shall inform the defendant oftheaccusation against the defendant and inquire as to whether the defendant has anycause to show why he or she should not be adjudged guilty of contempt by thecourt and sentenced therefor. The defendant shall be given the opportunity topresent evidence of excusing or mitigating circumstances.

R.E'PL�570TÖ: POSIOFFlCE BOX 4493, FOR T LAUDERDALE, FLORIDA 33338-44931201N. FEDERAL HWY #4493, FORT LAUDERDALF,, FLORIDA 33338

(954) 467-5505

March 21, 2015Inquiry ConcerningA Judge No. 12-1333, Case No. SC13-1333Clarification of Our Response to Your Request for Extension ofTime to Respond to Our NoticeofDirect Criminal Contempt, and Opposition to Same At this TimePage 2 of 2

While we have.pùfthe Florida Supreme Court on notice of acts of direct criminal contempt byyour clients, the Court has not "informed the defendant[s] of the accusation of criminalcontempt" and issued a show cause order "why he or she should not be adjudged jµility ofcontempt". Searcy v. State, 971 So.2d 1008, 1014 (Fla. 3d DCA 2008). Pursuant to such ruleand the authority on criminal contempt, the Florida Supreme Court mustfirst issue a show causeorder before allowing your clients an opportunity to respond and present evidence that theunderlying conduct in question is not contemptuous. Idd..

Therefore, at this tiine, Judge Watson is opposed to your request for an extension of time to file aresponse to her Notice öfDirect Criminal Contempt/Motion to Reject the JQC's Report andRecommendations on behalfof your clients, and she will object to and move to strike any motionand response thereto by your clients

However, if and when the Florida Supreme Court issues a show cause order as to Mr. Coxeand/or Ms. Muir, we will have no objection to your request for an extension of time to respond atthat time..

I am clarifying oûi response herein as soon as I could, and before you filed your motion to avoidany inconvenience to you.

Thank you.

Very truly yours,Colleen.Kathryn O'Loughlin, P A.

Colleen Kathryn O'LoughlinFor the finn

ec: The Honorable Laura M. WatsonRobert A.Sweetapple, Esq.Jay S Spechler,Jsq.

COLLEEN KATHRYN O'LOUGHUN, P.A.REPLY TO: POST OFRCE BOX 4493, FORT LAUDERDALE, FLORIDA 33338-4493

1201N. FEDERAL HWY #4493, FORT LAUDERD/\LE, FLORIDA 33338(954) 467-5505

EXHIBIT "C"

Supreme �254ourtof floríbaTHURSDAY, MARCH 19, 2015 .

CASE NO.: SC13-1333

INQUIRY CONCERNING A JUDGE RE: LAURA MARIE WATSONNO. 12-613

Florida Judicial Qualification's "Motion for Extension oftime to Respond toJudge Watson's Notice ofDirect Criminal Contempt..." is hereby granted and theFlorida Judicial Qualifications is allowed to and including April 10, 2015, to file itsresponse.

A True CopyTest:

JohnA. TornasinoClerk, supreftte Court

egServed:

MICHAEL LOUIS SCHNEIDER DAVID BILL ROTHMANALEXANDER DEMETRIOS VARKAS, JR. ROBERT A. SWEETAPPLEHON. LAURA M. WATSON, JUDGE MARVIN E. BARIUNHON. KERRY I. EVANDER, JUDGE ADRIA E. QIENTELAHON. PETER M. WEINSTEIN, CHIEF JUDGE GARY D. FOXLANSING CHARLES SCRIVEN BROOKE S. KENNERLYMELISSA WILLIAMSON NELSON ALAN ANTHONY PASCALCOLLEEN KATHRYN O'LOUGHLIN LAURI WALDMAN ROSSDAVID WINTHROP BIANCHI HENRY MATSON COXE, III