Filing # 20686520 Electronically Filed 11/18/2014 11:48:15 AM

RECEIVED, 11/18/2014 11:49:12, John A. Tomasino, Clerk, Supreme Court

IN THE SUPREME COURTOF THE STATE OF FLORIDA

INQUIRY CONCERNING A JUDGE, 13-2263

THE HONORABLE DEBRA KRAUSE

Nos. 12-551, 14-454

JOINT MOTION TO CONSOLIDATE CASES

The Investigative Panel of the Judicial Qualifications Commission, by and

through the undersigned counsel, and Judge Debra Krause, through her counsel,

hereby move this Honorable Court to consolidate Supreme Court cases SC13-2263 and

SC14-1812, and as grounds would show the following:

On December 2, 2013 the investigative Panel of the Florida Judicial

Qualifications Commission (the "JQC") commenced formal proceedings against Judge

Krause in JQC Inquiry 12-551, pursuant to Rule 6(f) of the Florida Judicial

Qualifications Commission Rules. The Clerk of the Supreme Court docketed this case

as SC13-2263. The charges filed in this case were the result of Judge Krause's

conduct during her campaign for county judge in Seminole County. Pursuant to FJQC

Rule 6(j), the Investigative Panel of the JQC entered into a Stipulation with Judge

Krause wherein the JQC alleged, and Judge Krause acknowledged, that she had

committed several campaign violations including using campaign funds to purchase an

event table at a Republican Party event, enabling her to speak for three minutes; failing

in some of her early campaign literature to use the word "for" between her name and

the office she was seeking, as required by Florida Statute 106.143(6); and identifying

over $82,000 in "loans" to her campaign as from "candidate to themselves," when, in

fact, some of those funds were maintained in independent accounts held solely in her

husband's name. During these proceedings Judge Krause was cooperative,

forthcoming, and accepted full responsibility for the conduct set forth in the Notice of

Formal Charges. The agreement reached with the Investigative Panel of the JQC

acknowledged that the Judge's conduct, while improper, was the result of inadvertence

or mistake based on Judge Krause's good faith belief that the funds were marital

assets, but the conduct still required Judge Krause to be publically reprimanded and

pay a $25,000 fine. On June 26, 2014, this Court entered an opinion approving the

JQC's Findings and Recommendations, and adopting the discipline agreed to by the

parties. The public reprimand was scheduled for 9 a.m., October 6, 2014.

Shortly after this Court released its opinion in SC13-2263, the JQC received a

new complaint regarding Judge Krause, JQC Inquiry 14-454. The investigative Panel

sent a Notice of Investigation to Judge Krause pursuant to FJQC Rule 6(b), and, after

her voluntary appearance at the September 11, 2014 meeting, the investigative Panel

voted to institute formal proceedings in this case as well. On September 17, 2014, a

Notice of Formal Charges was filed with this Court, and docketed as SC14-1812. As a

result of the new Formal Charges, the JQC and Judge Krause filed a Joint Motion to

Continue the Judge's public reprimand that was pending in SC13-2263. The Court

granted the joint motion and reset the public reprimand to December 2, 2014.

The substance of the new allegation concems alleged participation by Judge

Krause in her husband's judicial campaign. In the new case, the investigative Panel

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charges that Judge Krause became improperly involved in her husband's campaign by

postlog a message on social media that encouraged her friends and supporters to

"flood" the campaign Facebook site of her husband's opponent with messages about

ethics and "telling the truth," in violation of Canon 7(A)(1)(a). Judge Krause has not

participated in the campaign in any other manner,

Judge Krause does not deny the conduct alleged and explained that, although

she intended her communication to be a private message, she had second thoughts

about posting it and removed it within hours. She stated that the post on social media

was prompted by the failure of prior private attempts to get her husband's opponent to

stop making what she considered to be misstatements regarding SC13-2263.

After a lengthy 6(b) hearing on September 11, 2014, the Investigative Panel

determined that the Judge's conduct constituted improper campaigning on behalf of her

husband.

The Investigative Panel and Judge Krause, through her counsel, have entered

into a Stipulation a in which the Judge acknowledges that her conduct was improper.

Based upon the Judge's forthright explanation, cooperation with the inquiry, and

consistent with existing precedent, the Investigative Panel recommended that the Judge

receive a public reprimand for her conduct in SC14-1812. Sge in Re: McGregor, 614

So. 2d 1089 (Fla. 1993) (holding that actively campaigning for spouse in spouse's

campaign for county clerk of court warrants public reprimand).

Based on the foregoing, the Stipulation and the Findings and Recommendation

that are being concomitantly filed, and in the interest of judicial economy, the parties

respectfully request that this Court consolidate Judge Krause's cases for the purpose

of imposing a public reprimand.

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Respectfully submitted, this __ f November, 2014.

JUDICIAL QUALIFICATIONS COMMISSION

By: Alexander John WilliamsAssistant General CounselFlorida Bar No. 99225awilliams@floridajqc.comP.O. Box 14106Tallahassee, Florida 32317(850) 488-1581

FOR JUDGE KRAUSE

Larry Gibbs Tumer, EsqTurner, O'Connor, KozlowskiFlorida Bar No. 125168204 West University Avenue, Suite 7Gainesville, Florida 32601Iqt@turnerlawpartners.com

Ronald D. Kozlowski, Esq.Turner, O'Connor, KozlowskiFlorida Bar No. 69432204 West University Avenue, Suite 7Gainesville, Florida 32601ron(alturnerlawpartners.comCOUNSEL FOR JUDGE KRAUSE

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