Oral arguments are June 4 in a long-running case involving a Florida bar complaint before the Florida Supreme Court alleging bar rules violations against former Fort Myers attorney Christopher Crowley.
The Florida bar's complaint is that Crowley, a candidate during the 2018 political campaign for state attorney of the 20th Judicial Circuit, "publicly disparaged his opponent through various political campaign materials, advertisements, and social media postings" among other rules violations.
Crowley's opponent in that race was Amira Fox, the current state attorney for the 20th Judicial District.
Crowley said the case is important because it has implications for the First Amendment rights for attorneys and politicians and called the case a politicization of the bar complaint process.
"Never before has any state bar attempted to restrict or punish free speech," Crowley said. "The Florida Supreme Court should rule on behalf of free speech and the First Amendment. The Florida bar is now being used to settle a petty political vendetta."
Court records said one example of Crowley's disparaging commentary included a radio ad he approved declaring his opponent “corrupt” and “swampy,” among other things. The complaint claimed Crowley, on more than one occasion, made an issue of his opponent’s religious beliefs.
The case has been brewing for more than five years, interrupted at length at one point by Crowley being recalled to active duty by the U.S. Army. He had been a member of the U.S. Army Reserve.
The Florida bar filed the complaint in April 2020 and the case has seen four judges acting as referees disqualified. A fifth judge — Gilbert Alexander Smith, Jr. — is now presiding.
The original referee,12th Circuit Judge Maria Ruhl, ruled for the bar, recommending Crowley be found guilty and that a sanctions hearing be set to determine discipline.
However, Ruhl and three other subsequent presiding judges assigned as referees — Melissa Gould, Erika Quartermaine and Thomas Krug — stepped down after motions for disqualification were filed due to conflicts of interest. Three of the four bowed out within three months in spring 2021.
At issue was the use of Fox's political campaign treasurer Eric Robinson of Sarasota by the judges.
Officials representing the Florida bar have declined to comment and directed questions about the case to materials posted on the Supreme Court docket.
The Rutherford Institute, a conservative Christian public interest law firm focusing on defense of civil liberties, human rights, and religious liberties, is aiding in Crowley's defense.
The institute said it would "come to the defense of a decorated Gulf War veteran who, after fighting for freedom abroad, was punished for exercising his right to political free speech in his home state of Florida."
Crowley, a retired U.S. Army judge advocate general lieutenant colonel, now works for a federal agency and is based in Georgia.
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