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    • The state panel says that the judge abused his authority, lacked courtesy, dignity
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    The state panel says that the judge abused his authority, lacked courtesy, dignity

    Online Niel Posted on

    Putnam County Judge Anne Marie Gennusa was appointed to the bench in 2023 in the 7th Circuit covering Volusia, Flagler, St. Johns and Putnam. She is currently running for election.

    A state panel is questioning a judge’s fitness for the bench, citing a pattern of abuse of authority in holding multiple people in contempt, including handcuffing a victim in one case and jailing a mother of already traumatized children in another , according to a notice of formal charges.

    The Florida Commission on Judicial Qualifications has found probable cause that Putnam County Judge Anne Marie Gennusa violated rules of judicial conduct. Putnam County is part of the 7thth Circuit that also includes Volusia, Flagler and St. Johns.

    Gennusa was appointed to the Putnam County bench in 2023 and presides over misdemeanor criminal cases and criminal traffic cases in Putnam County Court in Palatka, according to the 7th Circuit website. She will remain on the bench as the investigation continues.

    Gennusa also made an unsuccessful bid for 7th Circuit Public Defender in 2020.

    The Judicial Qualifications Commission found probable cause that Gennusa violated several judicial canons, including compliance with the law; promoting trust in the integrity and impartiality of the judicial system; acting in a patient, dignified and courteous manner; and resolving matters promptly, efficiently and fairly, according to the notice filed Monday in the Florida Supreme Court.

    “Your unwillingness or inability to govern yourself with the dignity, courtesy and patience required by the Code, and your accidental and unlawful use of your contempt power, in direct violation of clearly established procedures and law, raise serious questions about your fitness to to serve as a judicial officer,” according to the Florida Judicial Qualifications Commission document signed by Deputy General Counsel Hugh R. Brown.

    The commission said the cases showed a pattern by Gennusa of “disdainful abuse of your authority,” according to the document filed Monday.

    Gennusa has 20 days to respond to the probable cause determination. The Florida Supreme Court will ultimately decide on any penalty.

    Gennusa is represented by attorney Warren Lindsey, who responded to The News-Journal: “Judge Gennusa has served the Putman County community with great distinction since her appointment to the county court by Governor DeSantis. She is an excellent judge and person. However, the rules do not allow him to respond to the charges except in legal cases that will be filed in the near future.

    Gennusa is currently running to retain her county judge seat against challenger Alex Sharp, according to the Putnam County Supervisor of Elections office.

    The commission cited the following three cases in the notice against Gennusa.

    Alleged victim handcuffed, held in custody

    On January 2, 2024, during a misdemeanor battery case, Gennusa loudly warned a 22-year-old defendant that he was being disrespectful and assaulted after getting into an argument with the alleged victim in court . The judge warned that “This is not ‘The Jerry Springer Show.’ The defendant denied attacking and said he would have made noise if he had. Gennusa then ordered the bailiff to arrest the defendant and wrongly hold him in indirect criminal contempt, according to the commission.

    Then Gennusa said offhandedly that he didn’t think the alleged victim would accept a plea. The woman denied ever saying she didn’t want a plea. Gennusa warned the “alleged victim,” at one point using a tone that conveys sarcasm when using the “alleged” world, according to the commission.

    When the woman said that she didn’t do anything, Gennusa said in a raised voice “Do you understand that I didn’t ask you to answer me?”

    The woman then spoke “one-one-one” to the prosecutor in the gallery saying she was getting “irritated” and didn’t like being talked to like a child and didn’t “understand what was going on”.

    Gennusa listened to the comments and ordered the victim arrested for contempt, according to the commission. The woman was handcuffed and then held for almost three hours until Gennusa reconvened the court after lunch.

    The woman was brought back to court still handcuffed. While Gennusa accepted the woman’s apology, Gennusa did not apologize or admit that he acted improperly by having the woman handcuffed and held in custody, the announcement said.

    Gennusa’s comments and tone were “undignified” and her verbal orders of contempt were illegal, according to the commission’s notice.

    “Your conduct was grossly improper in ordering the arrest of the alleged victim,” the Judicial Qualifications Commission said.

    When Gennusa appeared before the commission, she said she realized “within a short time” that ordering the woman’s arrest was inappropriate, but the commission noted that she still waited nearly three hours to order her release. Gennusa also claimed, despite having been a lawyer for 29 years, that he did not know how to return the woman to court earlier than scheduled, the commission said.

    Mother sentenced to 10 days in prison

    In another incident, Gennusa presided over a hearing in absentia on November 21, 2023, when he held the mother of three minor children in direct criminal contempt and sentenced her to 10 days in jail. Gennusa said her mother argued with her, “disrespected the court” and was “belligerent” and “deplorable”. But a video recording of the hearing did not support the judge’s claims, the commission found.

    The mother tried to explain the violation of a court order for the minor children to enroll in the program for several reasons, including that “the children’s maternal grandfather was recently killed by the children’s father,” the commission said.

    Gennusa said this is still not a reason for children not to go to school. The mother then said that one of the children who had witnessed the murder had traveled to Pasco County to speak with a detective and was “psychologically” unable to attend school. The mother said the children were mentally unstable and their father was away, but Gennusa replied without acknowledging the substantial change in the situation that “It’s already been ordered, ma’am.”

    Gennusa said that based on the mother’s actions in court, he found her in direct criminal contempt and sentenced her to 10 days in the county jail. Gennusa told her he could have sentenced her to 180 days in jail. The mother was immediately taken to prison.

    Gennusa’s actions were “legally deficient,” the commission found.

    Gennusa “repeatedly and inexplicably” said he did not care about the circumstances under which a father killed the children’s grandfather and that a child witnessed the killing, the commission found. But such a change required Gennusa’s “serious consideration” the commission found.

    Gennusa “did not address or even inquire about the potential effect on the welfare of the minor children before ordering the mother to be taken into custody,” the commission found.

    Gennusa said when he appeared before the commission that he had not yet attended the Florida Judicial College, where judges receive training. And despite video evidence to the contrary, she supported her claim that the mother was “belligerent” and “deplorable,” the commission said.

    Man sentenced to 60 days

    In a third case on November 29, 2023, the commission said a 60-day jail term imposed by Gennusa on a man who told a deputy to “Go (expletive)” appeared to be excessive in light of the man’s remorse and assumed circumstances. The commission noted that the man was in court for a misdemeanor of driving without a valid driver’s license, for which the prosecutor did not ask for jail time.

    When he appeared before the commission, Gennusa argued that 60 days was not excessive and that he had seen “judges sentencing people to more for less.” Gennusa again said he did not attend the Florida Judicial College and could have acted differently based on what he learned there.

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