In re Inquiry Concerning a Judge No. 76-13 (333 So. 2d 22, 1976)

PER CURIAM.

This cause is before the Court upon the request of the Judicial Qualifications Commission to suspend Honorable J. Cail Lee as a circuit judge pending disposition of proceedings on formal charges which have been filed against said judge and made a part of this proceeding. This request inherently constitutes an application to open all further proceedings in this matter, eliminating confidentiality pursuant to the provisions of Article V, Section 12(d) of the Florida Constitution, and Judicial Qualifications Commission Rule 8.

This Court received this request on Thursday, May 13, 1976, and it appearing that Judge Lee had been afforded no opportunity to be heard before the Judicial Qualifications Commission, we issued an order directing Judge Lee to show cause in writing on or before 12:00 Noon, May 18, 1976, why suspension should not be granted as requested. This order, the formal charges, and the request for suspension were personally served upon Judge Lee on Friday, May 14, 1976. A response by Judge Lee has been duly filed in this cause, advising the Court that he had voluntarily suspended himself. He further represented to the Court that he would consent to a formal order of suspension in the event his trial scheduled for May 20, 1976, in Municipal Court, was for any reason postponed or continued. We withheld our decision in order not to influence the immediate impending trial in the Municipal Court. Said trial was postponed by reason of the request by Judge Lee to have said cause transferred to the County Court for Broward County, Florida.

There is public knowledge of the formal charges made by the Judicial Qualifications Commission against Judge Lee. The Commission and Judge Lee, by his actions and response, concur that his effectiveness as a judge has been adversely affected by the public knowledge of the charges, and we agree that he should be temporarily suspended with pay pending an early disposition by the Judicial Qualifications Commission of the charges against him.

We hereby grant the Judicial Qualifications Commission’s request for suspension of the Honorable J. Cail Lee as a circuit judge until further order of this Court, effective this date.

It is so ordered.

OVERTON, C. J., and ROBERTS, ADKINS, BOYD, ENGLAND, SUND-BERG and HATCHETT, JJ., concur.