Photo by File photo Judge Kent Florom

Lincoln County Judge Kent Florom said he “feels terrible” that his actions caused other attorneys to file a complaint against him with the Nebraska Commission on Judicial Qualifications.

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The complaint, filed Jan. 29, claims that Florom violated four ethical canons of the judiciary:

• Upholding the integrity and independence of the judiciary,

• Avoiding impropriety,

• Performing his duties impartially, and

• Not conducting extra-judicial activities to minimize conflict with judicial obligations.

The complaint said Florom used his judicial influence to intervene in the case of Sharon Kramer, a high school teacher and softball coach.

In March 2008, Kramer was charged with stealing funds from the high school booster club concession stand.

Lincoln County Attorney Rebecca Harling prosecuted the case, and North Platte attorney Russ Jones defended Kramer.

Florom recused himself from hearing Kramer’s case, because of his personal association. He was her assistant coach on the Sensations softball team, a team his daughter played on.

The complaint says in March of 2008, Florom encountered Harling in the courthouse and asked her into his office. Florom asked Harling the nature of the criminal charges against Kramer and asked her if the charges could be avoided if Kramer paid restitution, the complaint said.

In early April, Florom asked Jones what kind of sentence Kramer faced, and again asked if the charges could be dismissed if restitution was paid.

“Heck, tell Rebecca (Harling) I’ll pay the restitution,” the complaint said Florom said. The complaint also said Florom offered to put Kramer “on double secret probation.”

Jones conveyed the conversation to Harling according to the complaint, but Jones believed Florom was joking.

In his answer, filed March 26 by his attorney Susan Kirchmann, Florom is apologetic but said he “refrained from apologizing out of concern that doing so would compromise the integrity of the process but is anxious to apologize in person once the matter is resolved.”

Part of the problem, according to Florom’s answer, was that he “allowed attorneys to congregate in his office between court hearings in a effort to promote collegiality among members of the bar.”

The statements he made that day were part of a conversation in that casual atmosphere and were precipitated by a “wise crack” made about Kramer’s retainer check “bouncing.”

Florom said he regretted his poor judgment knowing full well that this was a case pending before Judge Kent Turnbull.

Florom said he believed all parties to the conversation knew he was joking and that it was not an attempt to direct or influence the case. He said he believed he had both a personal and professional relationship with Harling and Jones.

Florom also said that his inquiry over whether charges could be avoided if restitution was paid was made with knowledge that theft cases are frequently dropped when the offender has no prior criminal record and pays the victim back.

On the day Kramer was scheduled to plead guilty, Jones advised Florom of the media’s interest in the hearing. Florom allegedly suggested and discussed with Jones how Kramer could enter her plea early to avoid an open court appearance.

The complaint said Jones interpreted Florom’s suggestion as trying to help a friend. He relayed the suggestions to Harling, who rejected them.

Florom said, in his answer, that it was Jones who made the requests and that he would approve a waiver on the matter if both Jones and Harling agreed.

Florom’s conduct caused unease and uncertainty among the attorneys, the complaint said. It also caused some to feel discomfort and disgust, according to the complaint.

Threatening attorneys

The complaint also said Florom threatened school board member Jim Paloucek.

Florom allegedly told Jones to “Tell your buddy (Jim Paloucek) if he comes after Sharon Kramer he’s going to be making an enemy he doesn’t want to make.”

Florom believed Kramer’s conviction had jeopardized her teaching position with North Platte High, according to the complaint, and he believed Paloucek might take official steps to affect Kramer’s position.

Jones conveyed the message to Paloucek who, along with law partners Royce Norman and Steve Herman, placed a speakerphone call to Florom at the courthouse.

Paloucek advised Florom he was on speakerphone with the attorneys and asked him to confirm Jones’ message.

Florom confirmed that Paloucek would be “making a mistake”, taking any action against Kramer and stated “favors extended in the past would not be extended in the future.”

The complaint said Paloucek expressed concern that Florom was using his judicial position to influence him as an elected school board member.

Florom suggested Paloucek and all members of that law firm request recusal from all cases in front of him.

“Judge, I’m going to have to do what I have to do,” Paloucek allegedly said.

All three members of the law firm understood Florom’s message to be a threat and they were “enemies” of Judge Florom if Paloucek took any action as a school board member toward Kramer.

In his answer, Florom denied intending for Norman, Paloucek and Herman to seek recusal in all their cases. He said he “deeply regretted” involving the partners in this way and only signed their recusal orders in the spirit that no bias would be visited on any of their clients.

Florom said he was “frustrated and angry” when he learned that the school board was considering removing Kramer’s teaching and coaching credentials. He said he observed Kramer’s apology to the softball team and believed it taught his daughter a valuable lesson about taking responsibility.

Florom said he has never seen anyone disciplined by the school board for a misdemeanor conviction and said he viewed the action as a vendetta against Kramer made solely for political gain by elected officials.

Florom said they should be able to make tough, unpopular decisions rather than taking unfair but popular actions.

Florom said he realized it was improper to ask Jones to relay the message but that at the time he was thinking of himself as a private citizen upset with an elected official’s decision and conveyed it one of the official’s friends.

In his answer, Florom said he was still angry when the partners called and didn’t make his position as clear as he should have. He said he didn’t recall saying that “favors” would not be extended in the future but believes them if they say he did.

Florom said he believed it was a political argument and regretted it concerned them. He said they requested recusal three times or less.

Florom admitted that his conduct was willful and that it violated one or more provisions of the Nebraska Code of Judicial Conduct.

Undue influence

Florom is also accused of trying to influence the court case of L.W., a young woman who played shortstop for Florom’s softball team.

L.W. had been placed on probation in 2007 and, in March 2008, was back in court for a probation violation.

Florom, who heard the case in his court, transferred the case to Lincoln County Judge Kent Turnbull.

The complaint said Florom tried to influence L.W.’s caseworker from the Nebraska Department of Health and Human Services, Megan Luebbe. Florom allegedly told Luebbe that he was talking to her “as a softball coach, not a judge.” He emphasized L.W.’s softball talent and discussed placement recommendations that would allow L.W. to continue to play for Florom’s team, the complaint said.

Florom also asked L.W.’s father to ask the other Lincoln County Judge, Kent Turnbull, for a delay on a hearing so his daughter could play in an out-of-town softball tournament, thus giving legal advice, the complaint said.

Florom and his wife served as chaperones for L.W. from a group home during the summer of 2008, the complaint said, and Florom’s position as a judge was a factor in Luebbe approving the outings.

The complaint said Florom made several comments to Harling, who prosecuted L.W.’s case.

“Take care of my shortstop,” Florom allegedly said.

In July of 2008, Florom asked Turnbull whether L.W. would be allowed to play softball, even though Turnbull had earlier told Florom he did not want to discuss the case with him.

The complaint alleges Florom allowed other relationships to influence his judicial conduct and judgment, lent the prestige of the office to advance private interests and cast reasonable doubt on his capacity to act impartially as a judge. It also said he offered legal advice to L.W.’s father.

Florom denied giving legal advice even though L.W.’s father brought up her case to him during softball practices. He said he advised L.W.’s father to hire an attorney.

Florom said he did speak to Luebbe but did not discuss what her recommendation to the court would be. He said he believed L.W. was extremely talented at softball and that she could possibly earn a college scholarship through her efforts. Florom said he was concerned for her well-being and future success.

Florom denied influencing the outcome of her case or any action or misconduct that would bring his judicial office into disrepute.

Florom could face a public reprimand, a suspension or even removal from the bench for the alleged conduct.

Ann Winter of Lincoln, a private attorney, has been named as prosecutor in the investigation. No hearing date has yet been set.

Michael Heavican, Chief Justice of the Nebraska Supreme Court, filed the complaint.