Public Reprimand and Suspension of Judge Kim Shepard

Kimberly Michelle Shepard was admitted to the Florida Bar in 1990. She
worked as a certified legal intern during law school, and as an assistant state attorney for the Ninth Judicial Circuit from 1990 to 1992. From 1992 to 1994, Ms. Shepard served as a legislator in the Florida House of Representatives.
In 1994, Ms. Shepard received the Orlando Sentinel’s endorsement for her legislative reelection campaign. This endorsement for House District 36 was titled “Shepard, with enthusiasm” and stated, in pertinent part: "[M]s. Shepard has done well. She has kept her promises. She has worked hard. She has legislated effectively. She has maintained her integrity. She has served her constituents diligently." Ms. Shepard lost the legislative race, and went into private practice. In 2014, Ms. Shepard launched a bid and qualified for judicial office. She ran for judicial office against Norberto Katz, a child support hearing officer. Ms. Shepard knew that Mr. Katz had been previously disciplined for ethics violations because “At that time, Mr. Katz and I were engaged in litigation as opposing counsel” and she remembered when it transpired. Ms. Shepard qualified on the last day, campaigning for a very short period of time - from May 2014 through the August 14, 2014 election.
She explained that: "[I] wasn’t planning to run for Judge. I didn’t qualify for
this position until two hours before qualifying closed. And I only did so because it became apparent to me that there was not going to be a significant challenge to the gentleman who we now refer to as my former opponent.
And I, frankly, felt that if no one would challenge this gentleman and provide a significant challenge to him that he would arrive in office without the public having any real idea of what his disciplinary record is.
Ms. Shepard signed a “Statement of Candidate for Judicial Office” acknowledging that she had received, read and understood the requirements of Florida’s Code of Judicial Conduct. During the campaign, both candidates appeared for an interview before the Orlando Sentinel’s editorial board. Ms. Shepard distributed a mailer before the Orlando Sentinel issued its 2014 endorsement. Under the heading “A Life of Service,” the front of this mailer stated that “Kim Shepard has spent her entire life serving others and building a reputation for integrity, independence, honesty, diligence, service, competence and compassion…” It listed Ms. Shepard’s prior positions as a child abuse investigator, emergency medical technician, and executive director, battered women’s shelter. In the lower left corner, underneath the depiction of two children pledging allegiance, was a snippet taken from the Orlando Sentinel endorsement for Shepard’s 1994 legislative campaign. This endorsement contained a portion of the Orlando Sentinel’s masthead, titled “Shepard, with Enthusiasm.” It was dated “Election 1994,” and referenced Ms. Shepard’s prior service as a “good legislator."
On July 26, 2014, the Orlando Sentinel endorsed Mr. Katz stating:
"This race matches two veteran lawyers: Norberto Katz of Maitland, who has practiced 30 years, and Kim Shepard of Orlando, who has practiced 24. We prefer Katz, whose experience makes him better qualified to be a judge. Katz, a child-support hearing officer since 1998, was made the chief among the circuit’s hearing officers four years ago by Chief Judge Belvin Perry - a vote of confidence from the dean of judges in Central Florida. Katz also worked with Perry in developing the circuit’s truancy court, and volunteers as a special magistrate for it. Katz has shown his dedication to his profession by serving in top posts in multiple legal organizations, and to his community through leadership in cultural and charitable groups.
Shepard served two years as a prosecutor to begin her career, but says she has spent the past 22 years running a “business-focused law practice” that has largely kept her out of the courtroom. * * * We didn’t endorse Katz when he ran 12 years ago, noting that he had been suspended in 1995 for 90 days by the Florida Bar for misconduct. In the nearly two decades since his sanction, however, Katz has worked diligently to rebuild his reputation. Currently, he’s chair of the Bar’s family law section, a telltale sign he’s regained his good standing within the legal community. * * * We endorse Norberto Katz.
After the Orlando Sentinel endorsed her opponent, Ms. Shepard distributed the campaign mailer at issue. The front and back of the mailer compared Kim Shepard to her opponent in multiple categories. On the back, under the column for Kim Shepard it stated: “Ms. Shepard has done well. She has kept her promises. She has worked hard. She has maintained her integrity. -Orlando Sentinel.
She neglected to mention one thing: the quote was more than twenty years old. It was an endorsement for a different electoral race, and in the current election the Sentinel had actually endorsed her opponent over her.