THE FLORIDA BAR MELINA BUNCOME CONSTITUTIONAL JUDICIARY COMMITTEE CHAIR 651 EAST JEFFERSON STREET TALLAHASSEE, FL 32399-2300 850/561-5669 WWW.FLORIDABAR.ORG Agenda Constitutional Judiciary Committee Virtual Annual Convention Meeting June 18, 2020, 1:30 – 2:30 p.m. Dial 1-888-376-5050 Conference code: 5621300754# Leader PIN: 51253# I. Welcome and Introductions (Att. 1, CJC Roster 2019-2020) II. Voter Guide 2020 The Guide for Florida Voters is produced in this Bar year, 2019-2020, for distribution in 2020- 2021, before the November general election. (Att. 2, Voter Guide) ◼ Gandy Printers is handling a reduced run of 50,000 as PRIDE has ongoing issues related to COVID-19 III. Judicial Voluntary Self Disclosure Each election year, The Florida Bar offers trial court judicial candidates a chance to post a statement to the Bar website – noting their education and work experience with a personal statement. Statements will be posted July 6. (Att. 3, Judicial Candidate Letter) IV. Update on Elections/Merit Retention ▪ The Vote’s In Your Court page is posted on the Bar website. (Att. 4, TVIYC page) ▪ The Merit retention poll is on course for sending to members in August and publishing in September. V. Benchmarks Update Subcommittee members review of Benchmarks presentations VI. Annual Report Published in the June issue of The Florida Bar Journal (Att. 5, Annual Report) VII. Approval of Minutes (Att. 6, 020720 CJC Winter Meeting Minutes)
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The Guide for Florida Voters is produced in this Bar year, 2019-2020, for distribution in 2020-
2021, before the November general election. (Att. 2, Voter Guide)
◼ Gandy Printers is handling a reduced run of 50,000 as PRIDE has ongoing issues
related to COVID-19
III. Judicial Voluntary Self Disclosure
Each election year, The Florida Bar offers trial court judicial candidates a chance to post a
statement to the Bar website – noting their education and work experience with a personal
statement. Statements will be posted July 6. (Att. 3, Judicial Candidate Letter)
IV. Update on Elections/Merit Retention
▪ The Vote’s In Your Court page is posted on the Bar website. (Att. 4, TVIYC page)
▪ The Merit retention poll is on course for sending to members in August and publishing
in September.
V. Benchmarks Update
Subcommittee members review of Benchmarks presentations
VI. Annual Report
Published in the June issue of The Florida Bar Journal (Att. 5, Annual Report)
VII. Approval of Minutes
(Att. 6, 020720 CJC Winter Meeting Minutes)
VIII. Farewell and thanks to members terming off
Thomas Graham and Kenneth Joyce are both terming off after six years of service
Thomas Graham Kenneth Joyce
IX. New Business
Welcome to new committee leadership:
Chair: Bonnie Sockel-Stone
Vice Chair: The Hon. Gary Flowers
Vice Chair: David Silver
X. Adjournment
June 14, 2020
CONSTITUTIONAL JUDICIARY COMMITTEE
2019- 2020
▪ Melina Buncome, Chair
Jacksonville
▪ Richard Harry Levenstein, Vice
Chair; Palm Beach Gardens
▪ Stephanie Marusak Marchman
Board Liaison; Gainesville
▪ Hon. Augustus Davis Aikens Jr.
Tallahassee
▪ Jeffrey Alan Albinson
Tampa
▪ Magistrate Alvan Balent, Jr.
Miami
▪ Hon. Alexander Spicola Bokor
Miami
▪ Pam Elaine Booker
Westlake
▪ Hon. Tina L. Caraballo
Orlando
▪ Lisa Helen Chittaro
Sarasota
▪ William Gene Cole
Tampa
▪ Alexis Marie Connell
Tampa
▪ Jeff Cynamon
North Bay Village
▪ Joseph T. Eagleton
Tampa
▪ Erik Matthew Figlio
Tallahassee
▪ Thomas D. GrahamMiami
▪ Jeremiah Mahlon Hawkes
Tallahassee
▪ Kenneth Joseph Joyce
Fort Lauderdale
▪ Hon. Edward Camille LaRose
Tampa
▪ Hon. Gisela Then Laurent
Orlando
▪ Linda Marie Leali
Fort Lauderdale
▪ Alexander James Monje
Coral Gables
▪ Joseph Daniel Pickles
Jacksonville
▪ Hon. Cymonie S. Rowe
West Palm Beach
▪ Oscar A. Sanchez
Miami
▪ Jason David Silver
Fort Lauderdale
▪ Alberto F. Tellechea-Hermida
Winter Park
▪ Rebecca Marie Vaccariello
Naples
▪ Katherine Grace Van de Bogart
Fort Lauderdale
▪ Hon. Joseph Monroe Williams
Macclenny
▪ Lydia Sturgis Zbrzeznj
Winter Haven
Att. 1
“Judges rule on the basis of law, not public opinion, and they should be totally “Judges rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times.”indifferent to pressures of the times.”
— Warren E. Burger, chief justice, U.S. Supreme Court, 1969-1986— Warren E. Burger, chief justice, U.S. Supreme Court, 1969-1986
ANSWERS TO YOUR QUESTIONS ABOUT FLORIDA JUDGES, JUDICIAL ELECTIONS AND MERIT RETENTION
Att. 2 (1-6)
1. Why am I being asked to vote on judges?Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections every six years so voters can determine whether they should remain on their courts for another six-year term. These are called “merit retention” elections. This year, one Supreme Court justice and 24 appeals court judges will be on the ballot.
2. What do “Yes” and “No” votes mean?A “Yes” vote means you want the judge or justice to remain on the court for another six-year term. A “No” vote means you want the judge or justice to be removed from the court. The majority of voters decides.
3. Do appeals court judges and Supreme Court justices have opponents?No. Your vote determines whether each judge or justice should remain on the court. They are not running against opponents or each other. Merit retention elections are nonpartisan. In nonpartisan elections, candidates appear on the ballot without reference to any political party, (e.g. Democrat or Republican). Florida law requires judicial elections to be nonpartisan in order to preserve impartiality.
4. How do appeals court judges and Supreme Court justices get on the court?The governor appoints judges or justices from lists submitted by Judicial Nominating Commissions, which screen candidates and make recommendations based on their merits. Newly appointed judges go on the ballot for the first time within two years after appointment. If the voters retain them, they then go on the ballot again every six years.
5. Which courts are subject to merit retention elections?The Florida Supreme Court and the five District Courts of Appeal are subject to merit retention elections.
6. Can judges who commit unethical acts be removed from office?Yes. This can happen after an investigation by the Judicial Qualifications Commission. The JQC (www.floridajqc.com) is an independent agency created through the Florida Constitution to investigate alleged misconduct by Florida state judges. Through this system, judges have been removed from office.
Frequently asked questions about merit retention elections
continued . . .
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7. Can appeals court judges and Supreme Court justices state their views onissues that may come before them?Canon 7 (https://tinyurl.com/FloridaCanon7) of the Florida Code of Judicial Conduct forbids judges and justices from saying how they will decide future cases. Judges and justices must remain impartial and decide cases without regard to their personal views or beliefs.
8. Can I read the opinions of the judges and justices in cases they decided?Yes. Records of judges’ decisions can be found on the decision pages of the websites for the District Courts of Appeal and the Florida Supreme Court, accessible through the Florida Courts section of www.flcourts.org.
9. Can I watch videos of the justices and appeals court judges at work?Yes. Court arguments are webcast live and archived on court websites.
10. How can I learn more about judges’ and justices’ backgrounds?Biographies are on court websites and accessible through The Florida Bar website; search for TheVotesInYourCourt. www.floridabar.org/TheVotesInYourCourt.
11. How did Florida decide to use the merit retention election system?In the mid-1970s, Florida voters overwhelmingly approved a constitutional amendment requiring that the merit retention system be used for all appellate judges. This happened in response to public concern over abuses under the former system of contested elections.
12. Where can I find results from prior merit retention elections?The Florida Division of Elections maintains a searchable database of election resultssince 1978. Merit retention elections occur only during general elections in evennumbered years if any appeals court judges or Supreme Court justices arenearing the end of their terms (www.dos.myflorida.com/elections).
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1. What are the differences between a county judge, a circuit judge and anappellate judge?In Florida, both county and circuit judges are trial judges. County judges hear criminal misde-meanors – those are crimes that have possible sentences of up to one year in jail – and civil cas-es in which the amount in dispute is $30,000 or less. Circuit judges deal with criminal felonies,domestic relations, juvenile matters, probate issues and civil cases in which the disputed amount is greater than $30,000. Judges on the five District Courts of Appeal and the Florida SupremeCourt review the decisions of county and circuit trial courts.
2. What is a “nonpartisan” election?In nonpartisan elections, candidates appear on the ballot without reference to any politicalparty (e.g. Democrat or Republican). Florida law requires judicial elections to be nonpartisanin order to preserve the impartiality of the judge’s position.
3. Why are county and circuit judges elected in Florida?Florida law requires an individual seeking a position as a county or circuit judge to qualify asa candidate for a judicial election. Once qualifications are met, candidates may run in nonpar-tisan elections.
4. Are all judges elected in Florida?No. Currently, most circuit and county court judges are elected. If there is a mid-term vacan-cy – for example, if a judge retires, resigns or dies before the end of the judge’s term – thegovernor fills the position by appointment. Additionally, Florida Supreme Court justices andDistrict Court of Appeal judges are appointed by the governor and then run in merit retentionelections to stay in office.
5. Why are judicial elections not held in November during general elections?Most judicial races appear on the primary ballot and then on a subsequent ballot in the general election only if no candidate receives a majority of votes during the primary. While this meansthat many judicial races never appear on the general election ballot, it allows for the secondround of voting during the general election if necessary.
6. Why don’t judges campaign on platforms?Judicial candidates are prohibited from making predictions and promises about issues thatcould arise once they are on the court because their job is to make impartial decisions thatrelate to the law on the cases before them.
A GUIDE FOR FLORIDA VOTERS:Ques tions and answers about Florida judges and judic ia l elec tions
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7. What are the qualifications for running for a judicial seat?A person is qualified to run for judicial election after earning a law degree from a law school accred-ited by the American Bar Association. All candidates for trial judge also must be members of TheFlorida Bar for at least five years. Appellate judges must be members of The Florida Bar for at least10 years. Furthermore, judicial candidates must live in the geographic areas they will serve whenthey take office.
8. How long is the term of a judge?Circuit judges and county court judges are elected for six-year terms. To retain their seats, they mustbe re-elected. Judges who were appointed to county or circuit court through a vacancy must sit forelection at the end of the remainder of their appointed terms. Appellate judges, appointed by thegovernor, run in merit retention elections for six-year terms.
9. Do judges have term limits?No, judges do not have limits on the number of times they may be elected. However, judges maynot serve in Florida past the age of 75 except upon temporary assignment.
10. Why is it important to vote in judicial elections and merit retention elections?Florida requires that judges be elected or retained by the voters, so the power over who holds theseimportant positions rests with the voters. Judges make decisions on a wide range of issues largeand small including traffic, small claims, landlord-tenant, personal injury, criminal, death penalty,probate, guardianship and others.
11. What exactly does a judge do?Trial judges preside over trials and hearings. In court, judges make decisions on the acceptabilityof testimony and evidence. Judges also ensure that jurors understand the law. When a jury is notrequired, the judge decides the case based on applicable law and the judge’s knowledge of thelaw. District Court of Appeal judges decide appeals of trial court decisions. Supreme Court justicesdecide death penalty appeals and appeals from decisions of the appellate courts; resolve conflictsamong appellate courts; and oversee the administration of Florida’s court system.
12. What makes someone a “good” judge?Judges must be impartial and fair, and understand the law. All judges may deal with cases that areeither civil or criminal in nature. Knowledge in one particular area is not more important than theother. Judges should be selected based on their legal abilities, temperament and commitment tofollow the law and decide cases consistent with a judge’s duty to uphold the law regardless of his orher personal view.
A GUIDE FOR FLORIDA VOTERS:Ques tions and answers about Florida judges and judic ia l elec tions
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This guide has been prepared as a public service byThe Florida Bar and its Constitutional Judiciary Committee.
For free copies, please contact: The Florida Bar Communications Department
Learn more about judicial candidates• The Florida Bar Voluntary Self-Disclosure Statement allows judicial candidates to
publish statements at www.floridabar.org/JudicialCandidates.
• The Florida Bar webpage – www.floridabar.org/TheVotesInYourCourt – hasinformation about appellate judges and Supreme Court justices..
• News organizations provide information and occasionally endorse candidates.
• Local bar associations may conduct and publish judicial polls to assist voters inmaking better-informed decisions on judicial candidates.
Benchmarks: Raising the Bar on Civics Education is a Florida Bar program that helps to educate the public about the court system, the
rule of law and our rights. Learn more at www.floridabar.org/benchmarks. If your civic or community group wants to request a Benchmarks speaker, please contact The Florida Bar Speakers Bureau (www.floridabar.org/speakersbureau) at
Florida law requires Florida Supreme Court justices and appeals court judges to be
placed on the ballot in nonpartisan elections every six years, so voters can determine
whether the judges or justices should remain on their courts for another six-year
term.These are called ‘merit retention’ elections. In 2020, one Supreme Court justice
and 24 of the state’s appeals court judges will appear on the ballot.
The 2020 Guide for Florida Voters answers questions such as:
• What is the difference between a county and circuit court judge and an appellate judge?• Why is it important to vote in judicial elections and merit retention elections?