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J <br />40 <br />• <br />IN THE SUPREME COURT OF FLORIDA <br />JULY TERM, A. D. 1974 <br />WEDNESDAY, NOVEMBER 27, 1974 <br />IN RE: INQUIRY CONCERNING A JUDGE <br />No. 73-10 ** <br />** CASE NO. 45,353 <br />** <br />O R D E R <br />On November 20, 1974 the Florida Judicial Qualifications <br />Commission filed its following findings of fact and unanimous <br />recommendation in respect of the above matter: <br />THIS CAUSE came on to be heard before the Florida <br />Judicial. Qualifications Commission sitting in Indian River <br />County, Florida, October 28 through November 1, 1974. <br />Respondent Graham W. Stikelether, County Court- Judge, was <br />given notice of the hearing pursuant to Rule 11 (a) <br />of the Rules of the Florida Judicial Qualifications <br />Commission (RFJQC), and he appeared in person and with his <br />counsel. <br />The purpose of the hearing was to determine: <br />1. Whether respondent had willfully or persistently <br />engaged in conduct unbecoming a member of the <br />Judiciary. <br />2. Whether respondent, while a Judge, engaged in the <br />practice of law. <br />3. Whether respondent has a disability that seriously <br />interfers with the performance of his duties as <br />Judge of the County Court of Indian River County, <br />Florida, which is, or is likely to become, permanent <br />in nature. <br />FINDINGS OF FACT <br />1. Respondent is 44 years of age and was elected County <br />Court Judge of Indian River County in November 1972. Ile <br />assumed office January l., 1.973. <br />2. Sometime during March or May 1973 Philip Thibideau, <br />Director of the DWI Counterattack School in Respondent's area, <br />complained to Chief Justice James C. Adkins that Respondent <br />was not cooperating in the DWI Program and that he had observed <br />respondent treat defendants "less than properly". <br />3. On June 20, 1973, Chief Justice Adkins directed County <br />Court Judge Gerald Klein to go to Indian River County, observe <br />Respondent's conduct, and report his findings to the Traffic <br />Review Committee. Judge Klein observed Respondent in Court on <br />June 27, 1973. <br />4. On October 9, 1973, Circuit Court Judge 11onjamin M. <br />Tench, at the request of Chief Justice Adkins, observed <br />