A three-minute report by St. Johns Board of County Commissioners Chair Krista Joseph where she waved an American flag and urged citizens to vote will cost the county $110,242 in legal fees.
The commission voted 3-2 on April 15 to pay the bill.
Joseph along with Commissioners Clay Murphy and Anne Taylor voted to approve the payment. Commissioners Sarah Arnold and Christian Whitehurst voted no, citing the lack of itemized billing details.
“I am not an attorney, but I’m married to one, and I have seen countless itemized legal bills. So if we are looking at spending this much of taxpayer dollars, this just isn’t transparent enough for me,” Arnold said.
The payment stems from what happened at a commission meeting Nov. 21, 2023, and the resulting legal battle.
During her allotted time, Joseph made a public service announcement encouraging audience members to vote in an upcoming election if they were unhappy with the state of county affairs.
She waved an American flag, then later held up a “Citizens Guide to Registering and Voting” publication.
Arnold called the move “out of line.”
Former Commissioner Henry Dean questioned whether Joseph could use her time to make a political speech during a public meeting.
A Dec. 1, 2024, internal memo referenced commission rules and policies related to ethics, misuse of public positions and prohibitions against using work hours to further a candidacy. Civility and decorum were also addressed.
On Dec. 3, the commission voted 4-1 to censure Joseph, with Joseph opposed. The motion also directed former County Attorney David Migut to hire outside counsel to determine whether Joseph’s statements violated Florida law, which governs the political activities of state, county and municipal officials and employees.
That led law firm Lawson, Huck, Gonzalez to conclude that Joseph’s speech likely violated Florida Statute 104.31, which outlines policies on political activity by public officials.
The firm said the matter could be referred to the State Attorney’s Office for criminal prosecution, among other options, Jan. 8, 2024.
Joseph, represented by attorney Bradley Russell of Russell & Russell, responded with a lawsuit of her own, suing the commission for violating her freedom of speech — a case she later dropped.
However, 8th Judicial Circuit State Attorney Brian Kramer, appointed by Gov. Ron DeSantis, pursued the criminal case, which kept Joseph’s legal bills climbing.
Joseph also filed an action for declaratory judgment in federal court, a move intended to clarify her legal rights without seeking damages or enforcement. She later sought a preliminary injunction to halt Kramer’s efforts.
On July 10, Senior U.S. District Judge Harvey Schlesinger of the Middle District of Florida ruled in Joseph’s favor. He wrote that the case placed two fundamental freedoms in jeopardy: the right to vote and the right to free expression.
He noted that most citizens participate in government by voting and that elected officials do not forfeit the right to speak to inform voters.
Russell told the commission April 15 that Joseph was entitled to have her legal bills covered based on precedent and county ordinance.
He cited the Florida Supreme Court decision in Thornber v. City of Fort Walton Beach, which held that city council members were entitled to reimbursement for attorney fees incurred while suing to block a recall petition stemming from alleged violations committed during a public meeting.
In addition, St. Johns County Ordinance 1991-12 outlines procedures for reimbursing legal fees for current and former county officials and employees when actions are tied to their official responsibilities.
After the vote, Joseph said she hoped her experience will be the new precedent for other public figures who get in trouble.
“Commissioner Joseph’s right to free speech and right to participate vigorously in the public policy argument was completely vindicated in federal court,” Russell said.
“Commissioner Joseph is grateful that the county stood up and did the right thing and recognized she did not have to shoulder this (financial) burden entirely on her own with her own private assets.
“She was fighting for the rights of her constituents and the rights of public officials everything to do their duty and to speak freely and to support the electorate.”