Judge influenced DA on post-conviction relief: Commission
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Left: Third District Court of Appeal Judge Bronwyn Miller (Florida Courts). Right: Miami-Dade State Attorney Katherine Fernandez Rundle (11th Judicial Circuit).

In a development that has sent ripples through the legal community, a judge from Florida’s Third District Court of Appeal is under scrutiny for allegedly attempting to sway a prosecutor’s handling of a convicted criminal’s post-conviction process. The judge in question, Bronwyn Miller, is facing serious allegations that challenge her adherence to judicial ethics.

Judge Bronwyn Miller, who is being investigated by Florida’s Judicial Qualifications Commission, is accused of breaching the code of judicial conduct through a series of text messages exchanged with Miami-Dade State Attorney Katherine Fernandez Rundle. According to the commission, Miller’s actions undermined the essential principles of judicial integrity and independence, failing to uphold respect for the law.

The controversy centers around the case of Corey Smith, a convicted murderer and drug dealer. These communications reportedly addressed how Rundle was managing Smith’s post-conviction relief efforts. Miller had a long-standing connection to this case, having been part of the original prosecution team that secured Smith’s conviction as a gang leader in Miami during the early 2000s. Smith was handed a death sentence in 2005, but the Florida Supreme Court later mandated a new sentencing phase in 2017.

Smith’s legal team recently sought to disqualify the Miami-Dade State Attorney’s Office from post-conviction proceedings, alleging that prosecutors had engaged in misconduct by offering incentives to witnesses to testify against Smith. In February 2024, Miller provided testimony in front of Circuit Judge Andrea Wolfson, who subsequently denied the defense’s request to remove the SAO but did choose to dismiss two prosecutors from the case.

Despite the fact that her involvement should have ceased after her testimony, Miller allegedly continued to interfere. In March 2024, she reportedly sent numerous texts to Rundle discussing the case, even mentioning Judge Wolfson and then-Chief Judge of the Eleventh Circuit, Nushin Sayfie. The commission has pointed to this behavior as further evidence of her overstepping boundaries and interfering where she should not.

At that point, Miller’s participation in the case “should have ended,” but she continued to try to meddle in texts with Rundle, the commission said. In March 2024, Miller sent a slew of texts to Rundle about the case, referring to Wolfson and then-Chief Judge of the Eleventh Circuit, Nushin Sayfie.

“By the way have no idea [why] you refuse to listen to me regarding Andrea [Wolfson],” Miller allegedly wrote. “She will destroy you because of the bail bond issue.”

Wolfson and Sayfie tried unsuccessfully to implement a bail bond reform proposal in 2023.

“I’m so beside myself,” Miller wrote, according to the commission. “You refuse to see what is going on with her and Nushin.”

The next month, Rundle sent Miller a copy of a draft motion requesting that Wolfson reconsider removing the two state attorneys. Miller called it “extremely weak” and called for Wolfson to be “disqualified.” Rundle sent Miller a revised copy of the motion, which the appeals judge deemed was “better,” according to the alleged text messages.

In another message, Miller allegedly called a new assistant state attorney a “misogynistic pervert” and “absolutely disgusting.” Rundle said the new lawyer was “credentialed.”

“Ted Bundy was too,” Miller allegedly replied, followed by a shocked face emoji.

The new state attorney was later let go, per the commission.

In November 2024, the SAO announced it would no longer seek the death penalty against Smith. He pleaded down to second-degree murder while serving a 60-year federal prison sentence. The Miami Herald then reported on the text messages between Rundle and Miller. The Florida Association of Criminal Defense Lawyers of Miami, the Public Defender for the Eleventh Judicial Circuit and Smith’s defense team all blasted Miller’s actions.

Miller insists she did nothing wrong and did not try to influence the state attorney’s decisions.

“This case does not stem from her work on the bench, but rather her full, appropriate, and lawful cooperation with the state attorney’s office in postconviction proceedings in a case involving Corey Smith, a mass murderer who terrorized Liberty City for years, eliminated witnesses and competitors, threatened those involved in his prosecution, including Judge Miller,” her attorney Warren Lindsey said in a statement to local NBC affiliate WTVJ.  “A public servant does not surrender her First Amendment right to speak with an official on an issue of grave importance both to her safety and the safety of her community.”

But the commission disagreed.

“In these communications, you disparaged other judges, other attorneys, and criminal defense lawyers generally,” the commission concluded. “Your communications cast reasonable doubt on your capacity to act impartially as a judge, undermine your appearance of integrity and impartiality, demean the judicial office, interfere with your proper performance of judicial duties, may lead to your frequent disqualification, and appear to be coercive.”

Even if she did not intend to peddle influence, “reasonable persons” could believe the messages were intended to do just that.

Miller has 20 days to file a response.

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