The Judicial Qualifications Commission’s investigative committee filed formal charges against Palm Beach County Judge Barry M. Cohen in October 2012. They claimed that Cohen used his bench as a “bully pulpit” or “a neutral, detached magistrate”.
After the judge’s outspoken comments on racial profiling, mandatory sentences, and other issues, the findings were made.
Cohen specifically criticized the Palm Beach County State Attorney’s Office’s handling of criminal cases. Cohen also criticised the law making marijuana illegal, and has spoken out against the county’s racial profiling of its police department.
Many would argue Cohen is simply speaking the truth. However, the panel found that it was inappropriate behavior for a judge, and recommended a reprimand from the Florida Supreme Court. Cohen was issued that reprimand on Tuesday morning.
Cohen, for his part, admitted that he was outspoken about racial profiling. He also said that he shouldn’t have made those comments in court. Cohen also apologized for his perceived partiality as judge and said that his opinions were just a way to “engage into a dialogue designed to enhance the law and to administer justice,” according to a stipulation signed both by Cohen’s lawyers and the commission.
“Judge Cohen now realizes that when speaking from the bench he must be aware that ‘the Robe magnifies Everything’ and that speech and conduct restrictions imposed by the judiciary would be burdensome for ordinary citizens,” the stipulation reads.
The panel’s 2012 written verdict states that Cohen used his bench to not only criticize the law making marijuana illegal, but also to voice concern about the appropriateness of the mandatory minimum sentencing for oxycodone traficking.
He stated that minorities are often arrested, prosecuted and imprisoned in adisproportionate number of cases and that police are profiling them racially.
Below is a video Cohen addressing racial profiling in an open forum.
Cohen also spoke out against the justice system’s discrimination of poor minorities. He once stated that African-American residents in Palm Beach could not exercise their constitutional rights.