Judge Nancy Jacobs
A Hillsborough County judge who was recommended for removal from the bench by the state’s Judicial Qualifications Commission (JQC) over “disparaging remarks” made about her 2022 opponent has submitted her resignation to the governor.
Judge Nancy Jacobs of the 13th Judicial Circuit Court received an initial Notice of Formal Charges from the commission in 2023. Jacobs, who has practiced law for 37 years, defeated an incumbent, Judge Jared Smith, during a campaign highlighted by an appeals court opinion that overturned a decision by Smith to deny a minor’s bid for a judicial waiver of parental consent so she could obtain an abortion.
Among the formal charges alleged by a JQC investigative panel were that Jacobs made inappropriate remarks about her opponent during the 2022 campaign and failed to adequately keep tabs on questionable comments posted on her social media comments. And after winning a seat on the bench, the judge allegedly engaged in further misconduct by soliciting an attorney to run against a sitting judge whom she disliked, the JQC reported in its findings of fact filed on April 30.
Though Jacobs provided character witnesses, character letters and statements of apology, the panel found that this evidence was insufficient to counteract her “grievous misconduct” that violated a number of judicial canons. In addition, Jacobs expressed contrition and took responsibility for her actions before the JQC investigative panel but backed away from that testimony during her appearance before the hearing panel, according to the findings of fact.
“Accordingly, based on clear and convincing evidence, the panel reluctantly, but of necessity, concludes that removal is the only appropriate discipline warranted by the circumstances,” the hearing panel’s findings state.
In a statement provided to the Florida Record, Jacobs said her resignation, which was submitted to Gov. Ron DeSantis on May 9, would take effect on May 31.
“I step aside with my integrity intact and my voice unwavering,” she said. “Serving as a judge has been one of the greatest honors of my professional life. I am not perfect but I have always strived to uphold the Constitution, ensure equal justice under law, and protect the rights of those who come before the court.”
She also thanked Hillsborough County voters for electing her three years ago by a 4% margin. Jacobs indicated she would remain committed “to the rule of law, to civil liberties and to the idea that no person should be silenced for speaking out on matters of public concern.”
In her defense against the charges of misconduct, she filed motions arguing that she could not be disciplined for statements during and after the campaign that she considered protected by the First Amendment. Ultimately, the hearing panel said it would defer judgment about the First Amendment argument to the state Supreme Court as the case advanced.
The hearing panel found that Jacobs had allowed unwarranted comments to be posted on her Facebook account about Judge Smith’s religious beliefs and integrity. It also cited a text message Jacobs had sent to a community member that called Smith “a bigot” and “anti Semite” and questioned why the community member had endorsed Smith.
After she took office, Jacobs was also criticized for remarks made to a bailiff about a disruptive attorney who did not return to the court on time after a lunch recess.
“Well, maybe we should call the restaurant and see if there’s a fat, bald lawyer there,” the judge said.
