Chief Judge Refers Leon Clerk Gwen Marshall Knight to Supreme Court

The Chief Judge for Florida’s Second Judicial Circuit has reported Leon County Clerk of Court Gwen Marshall to the Florida Supreme Court, claiming “neglect of duty.”

In an eight-page letter dated June 27 from Chief Judge Frank Allman to Marshall, Allman outlined a pattern of excessive delays and ongoing filing and docketing errors resulting in inaccurate court records, with the potential to cause significant due process and/or safety issues.

Marshall publicly responded by saying, “We must respectfully dissent from his characterization of the facts. The Clerk’s Office remains committed to fulfilling our duties to the public.”

The Letter

The letter served as a formal report of neglect of duty by the Leon County Clerk of the Circuit Court & Comptroller’s Office (Clerk’s Office) to the Chief Justice of the Florida Supreme Court, as required by Rule 2.215(l) of the Florida Rules of General Practice and Judicial Administration.

Judge Allman noted that he  has received numerous and ongoing complaints from various judicial stakeholders, including the Public Defender, State Attorney, Office of Intervention and Detention Alternatives (IDA), private attorneys, media, court administration staff, and judges.

The letter stated that Chief Judge Allman had previously met with the Clerk on March 3, 2025, to discuss these issues and stressed the need for improvement. However, despite this and collaborative efforts from judges, court staff, and justice partners, there has been no substantial or sustained improvement, leading to serious concerns about the Clerk’s Office’s capacity to fulfill its essential duties.

Neglect of Duty

Allman states the “complaints reveal a pattern of excessive delays and ongoing filing and docketing errors, resulting in inaccurate court records and the potential for significant due process and/or safety issues. These deficiencies are now materially affecting the prompt and efficient administration of justice in the Second Judicial Circuit, demonstrating a systemic failure to perform core responsibilities.

“Neglect of Duty” is defined as a public officer’s failure to perform duties required by law.”

The report details twelve specific areas of concern:

• Incorrect Docket Entry Resulting in Unlawful Arrest: In one case (State v. Shametrice Alford), a deputy clerk erroneously recorded a judge issuing a no-bond capias, when none was issued. This error led to the defendant’s arrest at home, transportation to jail, and custody for several hours without judicial authorization, until a judge identified the mistake and ordered her release.

• Failure to Docket Warrant Resulting in Unlawful Release: In another instance (State v. Takira Watson), a judge signed a no-bond warrant for a probation violation, but the deputy clerk failed to enter it into the system. Over a month later, unaware of the warrant, a first appearance judge set a $2,500 bond, allowing the defendant to post it and be released, when she should have remained in custody without bond.

• Failure to Seal Court Filing: Sensitive, sealed information in a high-profile criminal case was erroneously made public, accessed, and shared on YouTube. Despite assurances that senior staff would review sealed filings, additional redacted information in the same case was also later made publicly accessible, highlighting the potential for numerous legal issues.

• Failure to Allow Access to Case Records: Conversely, documents that should be publicly available have been improperly restricted. This has hindered private attorneys’ ability to advise clients and led to frequent inquiries from media outlets due to inaccessible records.

• Inability to Comply with Judicial Assignment Orders: The Clerk’s Office has been inconsistent in following the Judicial Assignment Administrative Order, particularly for reopened cases in the Civil Division. In the Family Division, the issue was so severe that the Chief Judge amended the order to mitigate the staff’s failure, with errors attributed to a computer algorithm no one knew how to correct.

• Significant Delays and Errors in Docketing: There are ongoing delays, with documents often remaining undocketed for seven to ten days, negatively affecting all divisions and hindering court preparation. Judges frequently conduct hearings without complete files. This is particularly concerning in the criminal division, exemplified by a death penalty notice not entered for over a week, an order allowing a defendant to post bond not timely docketed leading to jail confusion, and a sexual predator’s continued detention order not entered for over a week, posing a significant public safety risk.

• Failure to Timely Enter or Clear Arrest Warrants: Warrants are not entered or cleared promptly, putting law enforcement at a disadvantage and creating potential safety risks for officers and the public. Similarly, warrants are not consistently removed after being served, which can lead to individuals being mistakenly arrested multiple times on the same warrant.

• Incorrect Docketing of Competency Evaluation Orders: Deputy clerks repeatedly fail to enter competency evaluation orders or use incorrect codes, causing significant delays in appointing doctors and unnecessarily delaying criminal cases. This also denies needed treatment to incarcerated defendants who should be hospitalized.

• Failure to Note Orders for Transport: Staff frequently fail to properly record judicial orders for inmate transport, leading to missed appearances, delays, and rescheduled proceedings, inconveniencing attorneys, witnesses, and court staff.

• Delayed Processing of Release Orders: Orders for release are not processed timely, leading to dozens of inmates remaining incarcerated beyond their sentence or in violation of court orders. Prison packets are also delayed, causing sentenced defendants to stay in Leon County Jail for weeks or months before transfer. Inaccurate or slow updates of bond amounts and pretrial release conditions further delay releases, placing an added burden on the jail and increasing costs.

• Delays on Payment to Conflict Counsel: Untimely filing of Judgment and Sentence documents by staff delays compensation for conflict counsel, risking their withdrawal and undermining essential legal services for indigent defendants.

• Delay in Processing of Probation Orders: Significant delays in processing probation orders leave defendants unsupervised and at risk of technical violations.

The Chief Judge emphasizes that these errors fall within the Clerk’s statutory duties, which include maintaining court records, dockets, and filings with care and security, and complying with judicial orders.

According to Paul Flemming, spokesman for the Florida Supreme Court, Chief Justice Carlos Muñiz has received the letter but has yet to take any action.