Former Broward Prosecutor Suspended for Concealing Romantic Affair with Judge

Last Thursday, former Broward prosecutor Howard Scheinberg's law license was suspended for two years by the Florida Supreme Court. Scheinberg, who his colleagues hold to be a fair person, was charged for professional misconduct by the Florida Bar for "conduct in connection with the practice of law that is prejudicial to the administration of justice." Scheinberg, who was a 25-year member of the Florida Bar was devastated by his personal relationship with a former Broward Circuit Judge Ana Gardiner.

It so happened that when Scheinberg was conducting the prosecution of a murder trial, at the same time he was having a personal relationship with the judge presiding over the trial. The accused was convicted and sentenced to death, but ultimately was granted a new trial, after it became public that the prosecutor had been texting the judge unknown to the defense or the jury.

Even though, the accused in that trial, Omar Loureiro was still convicted and sentenced to death in his new trial, Scheinberg was unable to shake off the fact of concealing the fact of his relationship with the trial judge.

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Florida's Judicial Qualifications Committee (JQC), found that in the course of 155 days the judge and the prosecutor on Loureiro's trial exchanged 471 text messages and 949 cellphone calls that approximated to almost 10 ex parte communications each day.

Even though both Scheinberg and Gardiner maintained that their communication was personal and not related to the trial, the disciplinary bodies including the Florida Bar and the JQC saw the matter otherwise.

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While the Florida Bar recommended disbarment for Gardiner and one year suspension for Scheinberg, disbarment seems sure for the former Boward Circuit judge, as the Florida Supreme Court doubled the punishment recommended by the Florida Bar in Scheinberg's case.

The Supreme Court observed in Scheinberg's case, "Although Scheinberg did present compelling evidence to show his good character and reputation in the legal community, such evidence does not outweigh the seriousness of his misconduct in this case … The serious nature of his misconduct, and the harm it caused to the administration of justice in the Loureiro case, warrants a severe sanction."

While Gardiner's case is pending, the Florida Bar's observations in the complaint against her are pertinent. In their complaint the Florida Bar observed, "The appropriate sanction for [Gardiner], where she withheld pertinent information to the prejudice of the defendant in a criminal death penalty case, deprived the defendant and the public of the perception that he was receiving a fair and impartial trial, prejudiced the integrity of the entire legal system, … is disbarment."