Left: Third District Court of Appeal Judge Bronwyn Miller (Florida Courts). Right: Miami-Dade State Attorney Katherine Fernandez Rundle (11th Judicial Circuit).
A Florida appeals court judge faces allegations that she tried to influence how a prosecutor handled the post-conviction relief process of a convicted murderer and drug dealer.
Third District Court of Appeal Judge Bronwyn Miller is accused of violating the code of judicial conduct in a series of text messages with Miami-Dade State Attorney Katherine Fernandez Rundle. Florida's Judicial Qualifications Commission, which oversees judges, concluded that Miller failed to preserve a judge's "integrity and independence" and failed to "demonstrate respect and compliance with the law."
The texts concerned how Rundle handled the post-conviction relief case of Corey Smith.
Miller was on the prosecution team in the early 2000s that tried and convicted Smith, a notorious gang leader and drug dealer in Miami. He was sentenced to death in 2005. In 2017, the Florida Supreme Court ordered a new sentencing phase. Miller was brought back into the case last year when Smith's lawyers attempted to have the Miami-Dade State Attorney's Office (SAO) removed from post-conviction litigation because prosecutors allegedly "provided favors to witnesses" to testify against Smith.
Miller testified in February 2024 before Circuit Judge Andrea Wolfson about the SAO's actions when handling the Smith prosecution. Wolfson denied the defendant's attorney's request but did remove two prosecutors.
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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.
