“Unruly Judge” premiers on YouTube in heated Martz-Downey judicial race
by Jane Musgrave | July 27th, 2012When Palm Beach County Circuit Judge James Martz laced into attorney Margherita Downey last year he didn’t expect to become an Internet sensation.
But a heavily-edited version of his verbal smack down was posted on YouTube yesterday as part of efforts to help Downey unseat Martz in the Aug. 14 nonpartisan election.
Titled “Unruly Judge,” the 1:08-minute video shows Martz telling Downey: “Stop talking when I’m talking. You don’t get to do that. I do. I’m the only guy who gets to interrupt in this room.”
He goes on to tell her that if she doesn’t like it, “You can go out there and sign up on the ballot and run to be a judge.”
Unfortunately for Martz, Downey took his advice.
A voice over on the video questions whether Martz violated the code of judicial conduct which requires judges to be “patient, dignified and courteous” to those who appear before them. It also suggests that he robbed Downey of her constitutional right to remain silent.
For those who might not be YouTube regulars, a link to the video is showing up in the email-boxes of government officials. Palm Beach County Commissioner Paulette Burdick was sent a link to it by her aide Peyton McArthur, a longtime Democratic activist.
“It’s not a flattering piece,” Martz acknowledges. But, he said, it is also “incredibly misleading.”
He was angry at Downey for refusing his order to talk to the attorney who was representing the other spouse in a divorce. Attorneys are required to talk to each other to exchange information. It’s a simple rule and attorneys know to follow it, he said.
There was no attempt to get Downey to compromise her or her client’s 5th Amendment right to remain silent, he added. It was an effort to get the attorneys to talk about contested issues so the divorce and others in the pipeline could move forward.
Martz said he questions whether Downey violated the lawyer’s code of ethics which requires them to be civil, cooperate with each other and follow judicial orders.
Attorney Joel Weissman, who was in the courtroom when the exchange took place, called Downey’s behavior “reprehensible.” By refusing to follow Martz’s order, she was thumbing her nose not just at Martz but the entire judicial system, he said.
Downey wasn’t immediately available for comment. Martz suggested she may have violated campaign laws because there is no disclaimer on the video saying who paid for the video which includes the message: “Vote for Downey.”
Unlike other campaign ads, videos posted on YouTube are exempt from disclosure laws, said Palm Beach County Supervisor of Elections Susan Bucher. For those who want to read the entire exchange between Martz and Downey, here’s a transcript of the proceedings.
July 27th, 2012 at 2:27 pm
“Unlike other campaign ads, videos posted on YouTube are exempt from disclosure laws, said Palm Beach County Supervisor of Elections Susan Bucher.” I’m not sure I would take that legal advice if I was a candidate. The removal of the video from Youtube would suggest this “advice” isn’t quite right. Bucher continues her exemplary job performance. Thank you PBC for keeping her local.
July 28th, 2012 at 8:32 am
Mike is wrong. This video is still on U Tube. Just saw it. Not very judge like on anyone’s part, Martz or Downey.
July 28th, 2012 at 3:21 pm
Why have you taken the video down showing the real Judge Martz. No one can see what a bully he is on a transcript. The video shows how he treats women in his court room, which ultimately affects our children. Please repost the U-tube video so that the voters can see his lack of judicial demeanor and verbal abuse on the bench.
July 28th, 2012 at 3:42 pm
Looks like Judge Matz insulted Joel Weissman in the transcript when he said “Mr. Weissman is starting to believe he is starting to look good in light of the other case.” Isn’t Joel Weissman the most greedy and despised attorney in Palm Beach County? Interesting that the POST quotes Weissman supporting Martz. Maybe it was the Hershey Bars that Martz was giving out promoting his campaign?
July 28th, 2012 at 3:48 pm
Why would the PALM BEACH POST endorse somebody with this judicial demeanor who is abusive towards women and minorities and who favors first responders. I have been talked to, bullied and treated very simiarly by him while in court. He is a blemish on our community, leaves families in financial ruin and women and children destitute. Not only should he not be allowed to retain his seat on the bench but Judge Martz should be brought up on judicial misconduct charges and banned from ever being a judge again. He is ruining our community and hurting our families
July 28th, 2012 at 4:10 pm
the video has not been taken down.
July 28th, 2012 at 4:26 pm
Actually the video is still up!!
Watch the video here at the below link:
http://youtu.be/cxYCHDmdWec
July 28th, 2012 at 7:47 pm
Imagine the courage and strenth a woman like DOWNEY needs to stand up to a sitting judge whose temper is out of control and then ask “Why wouldn’t she be the better candidate?” Attorneys face the court everyday and know very well who are the good judges and those who, like Martz, need to be replaced!
July 29th, 2012 at 2:39 pm
The Transcript above is deficient and not prepared by a neutral “Official Court Reorter” but by the County in-house transcriber apparently at the direction of Judge Martz. What’s missing? It omits the companion Criminal Case set that morning–the ex-husband’s attempt to maliciously prosecute the Mother of his 4 children. ETHICAL? Judge Martz justifies his screaming by stating I refused to talk to another “attorney who was representing the other spouse in a divorce.” This was NOT a “divorce”. (These parents were divorced in 2002.) A lawyer cannot WAIVE the Client’s 5th Amendment right to silence. This hardworking Mom spent 9 hours in jail after Judge Martz arraigned her without appointing a Public Defender–a violation of her 6th Amendment Right to Counsel. FAIR? The proceedings are on video. In fact this Mom, who had never had a parking ticket, was innocent and all Judge Martz had to do was check the on-line State Ledger. A reviewing Circuit Judge found Judge Martz’s Order to be “legally deficient on so many grounds”. COMPETENT? The criminal case against this parent was eventually dropped. JUSTICE was served but not by Judge Martz who touts “Ethics & Experience”.
July 29th, 2012 at 7:51 pm
I sat in on a meeting in which 4 women whom I didn’t know were talking about Judge Martz’s behavior. I also heard the tape of the transcript and his attitude seems to reflect a judge who has no patience for family court. His demeanor towards the litigents is one of disdain as if they are wasting his precious time.I believe that he views family court as beneath him, otherwise why his arrogant behavior. Another judge who is too big for his britches…if Joel Weissman is backing him up then we know what that means $$$$
July 29th, 2012 at 10:56 pm
As a retired judge, I find the behavior of this judge to be reprehensible,and wonder how he is still on the bench. He has a ruputation as a hot headed ego-driven person among the lawyers–women and minorities take the brunt I understand. Should his emotional stabililty and fitness for the job be questioned? I, for one, would doubt his ability to continue as a jurist in Palm Beach County. The voters must speak.
July 30th, 2012 at 8:10 am
It’s pretty telling when a retired judge, A.M. Parker, questions the fitness of Judge Martz for the bench and states, “He has a ruputation as a hot headed ego-driven person among the lawyers–women and minorities take the brunt I understand.” I personally witnessed such a scenario in a domestic violence courtroom. After announcing to all in the courtroom that he was a judge with vast experience, I watched in disbelief as Judge Martz denied a young woman her petition for safety through an injunction against a man who had punched her in the face and head severely. This young lady who came to the court for help was actually rebuked by Judge Martz as he told her that she sounded like a “scorned woman” in her text to her abuser in which she told him that he would be sorry he ever treated her in such a violent way. I, for one, am going to do just as retired Judge A.M. Parker suggests. I am going to be a voter that speaks.
July 30th, 2012 at 9:03 am
Why is everyone also stepping around the white elephant in the room here? Aside from the “Honorable” Judge James Martz’s disrespectful behavior towards women and minorities, is his favoritism towards first responders: Law Enforcement and Firefighters. I was in court on a separate case and personally witnessed Judge Martz rule against an African American woman who was divorcing a white firefighter. She had no job, no money, no attorney and not even a sitter for her two yr old child she had to bring to court for trial. Her white firefighter husband had an attorney! This woman got eviscerated by this judge! SOMEBODY GET THIS JUDGE MARTZ OUT OF HERE! HE IS RUINING OUR COMMUNITY!!
July 30th, 2012 at 11:16 am
The video is still up and it looks pretty bad. I can understand why she ran against him (he told her to). Even if she loses the judicial race, her clients can still have him recused.
July 30th, 2012 at 11:35 am
Who is this reporter, “Jane Musgrave”? Could she be anymore biased? Who forged your transcript and allowed you into journalism?
July 30th, 2012 at 6:22 pm
Yes the U Tube video is alive and well! Just another example of the Post’s bias on this issue – any 3rd grader could tell that the video is still there! But for some reason they want you to think otherwise – maybe because if you see it you will see the REAL Judge Martz in action. This is only one example of one hearing in one day. Regardless of his blaming orhers for his behavior in that particular instance, let there be no doubt, it is up to the judge in family court to maintain control when things get emotional and heated, as they certainly can be. It is not supposed to be the judge who is the one who loses control! And when he loses control, his rulings obviously reflect that, according to people who have had the unfortunate experience of being ! Pity the many whose lives will never be the same because this man put his ego before the law! Please remove such a volatile person from the bench!
July 30th, 2012 at 9:13 pm
Unless you have personally been in front of this DISHONORABLE Judge, you cannot and should not make a judgement against those who have. Martz is a HUGE problem for family court cases. What you see in this video is his “usual” demeanor. He is an ANGRY man. He verbally abuses and threatens women and treats children like mere “throw away toys” in the process. He sends children back to the parent that abuses, abandons and neglects them all in the name of “paybacks for favors” to the lawyers he’s “IN” with. Martz is more qualified to wear a bath robe than a Judicial robe. Ask the children, who’s lives have been destroyed by Judge Martz how they are doing since he’s altered their world in a hideous negative way! Martz doesn’t care about these children but maybe you do? Please don’t let Martz harm any more famlies. Being a family court Judge means he is supposed to “PROTECT” the very lives he is destroying.
July 31st, 2012 at 11:24 am
I am appalled, but not surprised at the u-tube video, “Unruly Judge”. I have practiced as a criminal defense attorney in Palm Beach County for 26 years. James Martz stands out as the most arrogant, demeaning and disrespectful prosecutor I have ever worked with. He brings these unacceptable qualities to the bench. The people of this county deserve so much more from the judges who serve us, and hopefully, will vote James Martz out of office on August 14th.
July 31st, 2012 at 10:28 pm
Hmm I wonder how many of these one name comments are put up by ms. Downey or her campaign…
August 1st, 2012 at 7:19 am
Erm, if you really need the names of those who’s lives have been destroyed by Judge Martz, just ask. Many of us do not even know Ms. Downey, but ALL of us DO KNOW Judge Martz, as we ALL have been in front of this ANGRY, UNETHICAL man! No need to “wonder” for you can merely ask. No one is hiding under “one name” we are ALL just exercising our right of free speech.
August 1st, 2012 at 9:51 am
I have watched Judge Martz in action. He is unstable in his court room. Whoever Ms. Downey is I commend her for standing up to this incompetent person who is in charge of peoples lives. He should first get a grip on his own life and not believe the ego trip he is on. some day he may wind up in family court, before a Judge who is not part of the old boy system (if there is one) and he will know how unjust and evil he has been.
August 1st, 2012 at 10:17 am
What we have in Martz is a man who must show his strength in his court room because he obviously cannot be the man any place else. His hatred of women and minorities is evident by his rulings. I have seen him in action and he is an insult to the entire Judicial system. Whoever Downey is, she is more of a man than he will ever be. She has the courage, to try and buck the old boy system that runs amok in Delray. Wow! Come on PBC wake up. Let’s clean up our courts.
August 1st, 2012 at 11:00 am
LOOK EVERYONE! I found yet ANOTHER video of Judge Martz going on ANOTHER courtroom tirade!
Watch the video here:
http://youtu.be/40KJP2KoWH4
August 1st, 2012 at 12:24 pm
I too experienced Mr. Martz and his arrogance he spoke very poorly to me and called me too religious because I had been attending church weekly and singing in the choir. I was appalled at his behavior while in court representing the United States as an Honorable Judge. It was quite the contary he was dishonarable. I found him to be bias and expect after an investigation is done that he will no longer remain in family court or as a Judge period.
August 2nd, 2012 at 11:29 am
As “unflattering” as that video is, it is Mild in comparison to the treatment I encountered in Judge Martz’s courtroom.
I was not represented by counsel at that hearing, to save on expenses as a single mother, and my attorney advised it was obvious that the other party was in contempt of Martz’s court order.
Apparently, Martz did not think it important that his court order was ignored and the child was not returned as ordered, nor that the other party didn’t even show up for the hearing. Rather, he
berated me for filing the motion, for wasting his time and that the kid (my child for which he has idea of this case history)was having fun. It went on for at least 2-3 minutes.
I left there thinking that I had just left the twilight zone. This is not what we deserve in our courts!
August 2nd, 2012 at 2:05 pm
This is unacceptable. Those elected to public office are not above the law or above common courtesy and professionalism. WE as the citizens in a local community elect public officers to uphold and administer the law. They are supposed to be examples for others of proper conduct and respect. How dare he treat any citizen with the contempt, derision, and absolute condescension he shows in this video. I am appalled that this man is making rulings that affect people’s lives. He can’t even control himself. I do not trust him to decide cases. As a woman, I would be especially afraid to go to his courtroom. I would hope that the courts would be a place of protection for those that have been abused and victimized. Victims do not need to go to the courtroom to become victims all over again at the hands of this man. We need a real judge in there who will act with the respect, decorum, professionalism, and decency required by this office. Otherwise, we may re-victimize those subjected to his courtroom. I think enough is enough.
August 2nd, 2012 at 9:32 pm
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August 3rd, 2012 at 6:20 pm
Readers – Thank you for your comments. Terry, Stephanie, Tracy, Rochelle – If you have not already contacted my Website, http://www.MsDowney.com, kindly send us your full name and number. We would like more information on your experience. CANON 3(B)(4) of the Judicial Code of Conduct requires Judges to perform their duties “without bias or prejudice”. And,”A Judge must perform duties impartially and fairly. … A Judge must be alert to avoid behavior that may be perceived as prejudicial.” It seems that you all have the same complaint. Know that the Judges who serve us each take an OATH to abide by the CODE.
As I told the POST, this Judge is the ONLY Judge I’ve seen OUT-OF-CONTROL on the Bench.
August 3rd, 2012 at 11:56 pm
If you look at this tape, Judge Martz SHOULDNT SPEAK TO OR TREAT ANYONE LIKE THIS! Man or woman. We pay his salary. Ms. Downey, why didnt you just walk out of that courtroom when he started screaming at you? I dont understand why you just didnt leave right then!
This behavior is shocking!
August 4th, 2012 at 12:22 am
You wanna know whats amazing to me?! OF THE $213,440 contributed to this “man’s” campaign…not one has stood up in defense of him. Not one person, has got on here, not even his own wife or kids, to stand up for him. You wanna know why? Because they all know what a piece of garbage he is. And he even more so, how ethical do all of you people and potential voters think it is, that more than 98% of his campaign contributions come from sc*mba$ attorneys who argue in front of him. DEPLORABLE BEHAVIOR!
August 4th, 2012 at 10:32 am
Hey S.A.R ,,, You sound like one upset chic. After seeing the VIDEO, I can understand why.
He’s NO gentlemen for sure and he has no manners. Why don’t you blog the U-TUBE guy and ask him to post YOUR case too? Or, if you don’t like the JUDGE, go to the POLLS and tell people. The little people DO count and early voting starts TODAY. Good luck to you.
August 4th, 2012 at 10:54 pm
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August 6th, 2012 at 10:08 am
Bloggers, please be sure to contact my Website with your contact information.
SAR – Sorry to correct you but the percentage of contributions to the Judge’s Campaign is over 50%. Per the online Financial Records,he started with $100,000 in his Campaign Chest (twice as much my Budget). Thereafter, his Committee collected over $110,000 in contributions. This is legal, but was it necessary?
JJ – Though I was the ONLY lawyer with motions before the Court, the Judge summoned me back into the Courtroom via his BAILIFF. Since Judge Martz refused to hear my Motion to Compel, I returned with hopes he changed his mind. Lawyers MUST respect the Bench. Thus, despite his TIRADE, I did not leave because turning my back to the Court is a act of disrespect.
See my WEBSITE for information on two(2)Closed Cases that are possible grounds for RECUSING this Judge from hearing all Criminal Cases and DV Cases for unrepresented defendants and women. Perhaps you should contact the State Attorney’s Office to get statistics on Judge Martz. The S.A. recently targeted Judge Barry Cohen for “alleged” bias. In contrast, my WEBSITE lists 2 Cases with actual Courtroom Videos of this Judge’s conduct.
Thank you all for your comments.
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August 15th, 2012 at 6:30 pm
Thank you Ryan Campogiani for your AMAZING Video. You exposed the real Judge James Martz. In my 27 years in the legal profession, this is the ONLY Judge I’ve seen out-of-control. THANK YOU to ALL who encouraged, supported and voted for me! 42% is a GREAT race. I remain dedicated to the folks who have contacted me for help. My pursuit for justice and to insure fairness and the highest decorum from the Bench will continue. Margherita