A variety of very real and inevitable factors can complicate a divorce. When determining a child’s best interests requires court involvement, for example, high emotions can easily cloud the judgment of the parties involved, risking an outcome that fails to serve the children’s best interests. Divorces involving high-net-worth individuals can also be problematic, requiring expert valuations, forced sale of property, or forensic accounting.
Family court exists to ensure justice is carried out when divorce cases involve complications or contestations. The attorneys participating in family court cases (at least in theory) leverage the law on behalf of clients, ensuring their interests are protected while seeking to secure a fair settlement. And the judges who oversee divorce proceedings must ensure that legal rules are followed throughout the proceedings, or it becomes impossible to get justice that resolves disputes.
Is judicial misconduct threatening families in the Florida state court system?
When the circumstances of a divorce case require a trial, the parties involved should be able to expect that both attorneys and judges assigned to the case will act in ways that clearly demonstrate their obligation to pursue justice through obtaining a fair and equitable result. Yet, as lawyer Chris Hanson uncovered in his own divorce case, power can sometimes eclipse justice, permitting (and even encouraging) unethical strategies and tactics that show only contempt for any good faith pursuit of justice. Hanson says such institutional failures in the Florida judicial system have fostered corruption that’s grown to dangerous and untenable levels.
“My case serves as a bellwether for both corruption and extreme incompetence, given the clearly documented patterns of misconduct and cover-ups documented in more than a year of evidence critical to the relevant litigation,” Hanson shares. “And the institutional failures I’ve experienced not only impact my case, but also foster corruption within Florida’s judicial system that has clearly reached an unprecedented and perilous degree.”
Hanson is an attorney based in Tampa, Florida. As a litigant seeking a fair and equitable dissolution of marriage, Hanson encountered what he is confident amounts to severe attorney and judicial misconduct that continues to be incredibly harmful to himself and his family.
“While I’ve enjoyed a legal career completely free of any disciplinary issues or even alleged misconduct, I fear that speaking out against the issues I’ve encountered in my own case, which point to deeply entrenched, corrupt, and powerful actors, will change that,” Hanson says. “I’m deeply concerned that speaking out against the most powerful lawyers and judges in the state of Florida is a dangerous step that is likely to impact my career prospects. But I believe it is even more dangerous to remain silent as I see the damage this corruption is causing to my family.”
Is the Florida court system shielding attorneys from accountability?
Hanson’s grievances with the judge overseeing his case — Judge Kelly Ayers — prompted him to file a complaint with the Florida Judicial Qualifications Commission (JQC), an independent state agency that investigates allegations of judicial misconduct across district courts, county courts, circuit courts, and trial courts. In cases where the JQC determines that the allegations constitute a breach of the Judicial Canons, the judge who has been accused may ultimately be subject to sanctions imposed by the Florida Supreme Court, the state’s highest court.
Protecting the parties in a legal case from misconduct on the part of their attorneys is one of the primary roles judges are expected to play in the courtroom. It is reasonable for the petitioner or respondent in a divorce case to expect a judge to challenge an attorney if their behavior could be construed as unethical or dishonest.
Hanson believes the judge in his case failed to step in when the attorneys involved – including his own – fell short of their duties. In the complaint he filed with the JQC, Hanson says Judge Ayers “consistently shielded the attorneys from accountability for grossly unethical actions,” even working to cover up their misconduct to the detriment of the finances and overall health and wellness of his family.
“The Ayers case meets — and exceeds — the threshold for discipline under the Commission’s own standards,” Hanson says. “The refusal to act, despite overwhelming evidence and the absence of any rebuttal, reflects either institutional incompetence or intentional protection of insiders, both of which erode public trust and violate the Commission’s constitutional mandate under the Florida constitution.”
Is gross attorney misconduct occurring in Florida family courts?
Hanson also filed a complaint with the Florida Bar regarding the conduct of his attorney, Scott Paul Davis. Hanson alleges that Davis’ behavior during the trial involved “severe and multifaceted” violations of the rules attorneys are required to comply with under Florida law. The complaint says Davis “has utilized tactics that extend the legal proceedings, such as delaying document production… and filing motions that have no basis whatsoever, increasing the emotional and financial toll on all parties involved,” especially Hanson’s children.
“Attorney Scott Davis’s misconduct at the core of this story is the most harmful and concerning aspect of the case,” Hanson says. “It ultimately demonstrates the lack of meaningful oversight within the system to protect citizens from gross attorney misconduct and the damage it causes to Florida citizens and children.”
Hanson’s case exposes the harm that citizens can suffer when oversight mechanisms in the judicial circuit break down. It also suggests there may be forces at work in the Florida judicial system that go deeper than simple negligence.
“The facts of this case, lack of transparency in JQC proceedings, and lack of other disciplinary cases involving collusion between a judge and other legal officials suggest there is significant misconduct that continues unchecked, and even erased,” Hanson says.