Court Clerk Has Sex in Judge's Chambers, Sues to Get Job Back

By George Khoury, Esq. on March 22, 2018 | Last updated on March 21, 2019

For every generation of lawyers, there's always a few people who just seem to embrace the times we live in and serve as the models of normalcy; Kirk Reams is not one of those persons. Reams is out there pushing the boundaries and standing up for what he believes in, like fringe employment benefits.

Although he's a licensed attorney, he was serving as a court clerk in the state of Florida, when he may have played a little too fast and too loose with the rules. Reams was suspended after it was discovered that he allowed his ex-girlfriend to have exclusive use of an unused county laptop computer for about a year. And the icing on cake: Reams' ex also told law enforcement that Reams snuck her into the judge's chambers in order to take nude photos and have sex in the chambers.

From Criminal to Civil Complaints

Initially, Reams was suspended from his clerk job and charged criminally with petty theft as a result of letting his ex borrow the county laptop. However, there were no criminal charges related to the naked photo session and sex in chambers. Reams was offered a plea bargain whereby the charges would be dropped if he resigned while out on suspension. Reams refused, and insisted on taking the matter to trial.

Surprisingly (or not), the gamble paid off, and a jury returned a not guilty verdict for Reams. But despite the verdict, Reams was not reinstated to his clerk position. Furthermore, as a result of the suspension still being in effect and Florida law, Reams is ineligible practice law in the state. Compounding the matter, in order for Reams to be reinstated, a special state senate session would need to be called, otherwise he would have to wait until the May 2019 legislative session to have his matter heard.

As a result of the logistical hurdles to getting his position back, Reams has filed a federal lawsuit claiming a due process violation as to the state's executive suspension laws. He is seeking declaratory relief to have the suspension law ruled unconstitutional, and injunctive relief to get his position back, as well as back pay.

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