Florida Attorney General James Uthmeier announced Wednesday that his office will draft articles of impeachment against Broward County Circuit Judge Miguel de la O, following the judge's acquittal of a mother who drowned her 15-month-old daughter in a bathtub case that centered on a COVID-19-induced insanity defense.
Precious Bland, 43, was found not guilty by reason of insanity after she reportedly drowned her infant daughter Emii while claiming that "Jesus Christ is coming, and COVID is going to kill us all." The case proceeded as a bench trial, in which the judge serves as the sole fact-finder and arbiter of guilt.
During the incident, Bland allegedly stabbed her husband multiple times when he attempted to intervene. She also stabbed the couple's 16-year-old daughter in the forearm before escaping with four other children. Emergency responders found the infant submerged in bathtub water.
Defense attorney Larry Handfield argued that Bland experienced temporary insanity caused by COVID-19 and was unaware of her actions. He did not seek institutionalization, arguing the psychotic episode was entirely transient and that treatment could be administered outside a psychiatric facility.
What the Right Is Saying
Republican officials have rallied behind Attorney General Uthmeier's impeachment initiative. Governor Ron DeSantis called on the Florida House to "do its duty" and support removing Judge de la O from the bench.
Uthmeier posted on social media: "This was a bench trial. It's time to impeach this judge. My office will be drafting articles of impeachment, and we look forward to working with all legislators who will support."
Conservative commentators have argued that the COVID-19 insanity defense sets a dangerous precedent and that Judge de la O's acceptance of it demonstrates poor judgment warranting removal from the bench. State Representative Tommy Rodriguez indicated he would co-sponsor any impeachment articles brought forward.
What the Left Is Saying
Civil liberties advocates and legal scholars have expressed concern about using impeachment as a response to judicial verdicts they disagree with. They argue that judicial independence requires protecting judges from political retaliation for decisions made within their lawful authority, even when those decisions are controversial.
"The insanity defense exists precisely because our legal system recognizes that mental illness can impair someone's ability to understand the nature of their actions," said a spokesperson for the Florida Association of Criminal Defense Lawyers in a statement. "Using impeachment as a tool to punish judges for accepting legitimate legal arguments fundamentally undermines the separation of powers."
Some progressive commentators have noted that insanity defenses, while rarely successful, serve an important function in distinguishing between criminal culpability and mental health crises requiring treatment rather than punishment.
What the Numbers Show
Insanity defenses are rarely successful in U.S. courts, with estimates suggesting they succeed in fewer than 1% of cases where they are raised. Defense attorney Handfield stated he believes this may be the first successful COVID-specific insanity defense in the country.
Broward County Circuit Court handles approximately 15,000 criminal cases annually. Judge de la O has served on the bench since his appointment by Governor DeSantis in 2022. Florida requires a two-thirds majority in both legislative chambers to remove a judge through impeachment.
Bland remains under the court's jurisdiction pending evaluation. Judge de la O has not yet ruled on whether she will be institutionalized or required to undergo outpatient treatment as a condition of her acquittal.
The Bottom Line
The case raises significant questions about judicial accountability and the limits of legal defenses based on mental illness claims. Attorney General Uthmeier's impeachment push represents an aggressive use of executive authority against the judiciary, setting up what could become a landmark separation-of-powers confrontation in Florida politics.
Legislative leaders have not yet committed to advancing impeachment proceedings. The outcome will likely depend on whether enough legislators view the judge's decision as an abuse of discretion or instead see impeachment as an inappropriate interference with judicial independence. A preliminary hearing to determine Bland's treatment status is scheduled for next month.