Former Public Defender Matt Shirk to accept censure to settle Ethics case

Jacksonville, FL — Former Public Defender Matt Shirk is facing a formal public censure and reprimand, if the Florida Commission on Ethics signs on to recommendations regarding the case that has been under investigation.

In June 2016, the Commission found probable cause that Shirk violated multiple sections of Florida Statute and City code while in office. The case had been referred to them by the Eight Judicial Circuit State Attorney, who was appointed by the Governor in August 2013 to investigate allegations against Shirk, and a Grand Jury decided in December 2014 not to criminally indict.

The Joint Stipulation of Fact, Law, and Recommended Order that has now been filed says that Shirk and the Florida Commission on Ethics Advocate have agreed to this settlement in lieu of further hearings.

The filing says Shirk admits to the allegations in the Ethics complaint, but for the purposes of these proceedings only. Those allegations include that he improperly hired or directed the hiring of employees outside of standard procedures, engaged in inappropriate workplace interactions, and wrongfully terminated or directed the termination of those employees. He also admits to the allegations of serving or consuming alcoholic beverages in a City building and revealing information relating to the representation of a client.

“Respondent enters into this Stipulation with the understanding of the seriousness of the allegations and gives his assurance that this proceeding has affected the manner in which he conducts himself as a public official in a positive way,” the order says.

The order recommends that the Florida Commission on Ethics accept the settlement and impose a public censure and reprimand of Shirk, as well as a $2,500 civil penalty. A Commission spokeswoman says, if the Commission approves, the Final Order and recommended penalties would go to the Governor, who would impose the penalties through an Executive Order. The Spokeswoman says, historically, the Governor abides by the Commission's findings and recommendations.

The Commission will meet on April 21st to take up the Stipulation.

Shirk lost his re-election bid in the August primary. The Fourth Judicial Circuit Public Defender represents Duval, Clay, and Nassau counties.