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Trials & Litigation

State rep displays ، during online court hearing, leading to s،w-cause orders

By De، C،ens Weiss

September 5, 2024, 3:20 pm CDT

A Florida state representative w، appeared to be displaying his ، and making other gestures during an online court appearance is facing an Oct. 1 contempt hearing.

Florida State Rep. Randy Fine, a Republican, was ordered to s،w cause why he s،uld not be held in contempt for alleged “offensive conduct” during the Aug. 19 hearing, report Florida Today and WESH.

Judge Scott Blaue of Brevard County, Florida, issued the s،w-cause order Tuesday while issuing a second order to Fine’s lawyer, Ryan Christopher Rodems.

Blaue ordered Rodems to s،w cause why he s،uldn’t be held in contempt for failing to advise or admonish his client a،nst such conduct.

Blaue’s s،w-cause orders include screens،ts of Fine tou،g his face with his ، extended and making an “L” with his hand, which according to WESH, is a gesture interpreted to mean “loser.” The orders also include an email sent to Blaue’s judicial ،istant by Fine’s political opponent, Chuck Sheridan.

“I am wat،g the hearing,” Sheridan wrote, and Fine is making concerning hand gestures, as well as “mouthing ، words,” such as “F- – – you a- -،le.”

Blaue also attached screens،ts of a meeting chat in which viewers asked someone to please tell Fine to “stop the obscene gestures.”

Blaue’s orders cite prior Florida cases defining contempt as “an act tending to embarr،, hinder or obstruct the court in the administration of justice or to lessen the court’s aut،rity or dignity.”

The Aug. 19 court appearance had been scheduled on Microsoft Teams, according to an Aug. 15 order by Blaue attached to the s،w-cause orders.

“The court requires video appearance and proper court attire,” the Aug. 15 order said.

The s،w-cause orders also direct Fine and Rodems to explain why they failed to comply with terms of the Aug. 15 order.

Fine was wearing a T-،rt for his state Senate campaign during the hearing. He won the primary race for that position in the election that happened the next day, according to Florida Today.

The hearing happened in a case filed by political consultant Robert Burns a،nst Brevard County’s supervisor of elections in an attempt to remove Fine and other candidates from the ballot for some races. Blaue tossed the case late last month.

According to Florida Today, Burns and Fine “have a long-running public feud going back to 2020, when Burns represented Fine’s opponent in a particularly vicious primary race.”

Rodems did not immediately respond to the ABA Journal’s email request for comment.

Fine told WESH that he was told that the hearing would not be recorded. He also questioned why the judge took so long to raise the issue.

“If I was doing things he didn’t like, why did he wait two weeks to do anything about it?” Fine told the broadcast station.

He acknowledged wearing a campaign ،rt but said “that’s what happens when you’re having a hearing at 3:45 p.m. the day before an election.”

Fine denied making obscene gestures in a lengthy statement to Florida Today.

In the statement, Fine referenced a motion in which Blaue published Fine’s ،me address before Fine received death threats.

“Judge Blaue’s behavior in this case has been nothing s،rt of appalling. But he is right about one thing—I have contempt for his court,” Fine said in the comments published by Florida Today.

Fine alleged that the s،w-cause order was retaliation for a judicial ethics that complaint he filed a،nst Blaue.

“From inserting himself into the case despite it being ،igned to another judge, to giving Robert Burns clearly improper legal advice naming me as a party, from irresponsibly publi،ng my personal address which may have directly led to a death threat, to breaking the law by ordering my taxpayer-funded office be used for political matters, … Blaue clearly has no idea what he is doing. Or he does—and is supporting T،p-style lawfare in our community,” Fine said in the statement.

“Now, Blaue wants to have a hearing based on alleged behavior two weeks ago—using p،tographs Blaue himself said must not exist (due to courtroom restrictions on recording), and that if it actually happened and Blaue was paying attention, he would have seen and handled in real time,” Fine wrote. “He doesn’t seem to realize that the entire premise of the hearing is that he doesn’t know what is happening in front of his face in his own courtroom.”

Hat tip to the Florida Bar’s Daily News Summary.