The Florida Bar Communications Dashboard

The Florida Bar Citizens Advisory Committee November 23, 2020 11 a.m. By Zoom: https://us02web.zoom.us/j/85691948399?pwd=MUtMdlpma2YwZHpaUGlDd2NNTlFXZz09

AGENDA

1. Call to Order – Paige Greenlee, Chair

2. Approve minutes of October 22, 2020 – Attachment 2

3. Member topics to bring to TFB’s attention

4. Discuss new project: assembling consumer information on how to select a lawyer -- https://www.floridabar.org/public/consumer/ https://www.floridabar.org/public/consumer/pamphlet018/

5. Review nonlawyer volunteer opportunities info (floridabar.org/volunteer) to be announced and promoted starting in January

6. Informational reports a. 2020 TFB Judicial Elections Voter Education Program and Results Report – Attachment 6a

7. Adjourn

NEXT MEETING: January 28-29, 2021, Tallahassee, FL

The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 Joshua E. Doyle 850/561-5600 Executive Director www.FLORIDABAR.org

CITIZENS ADVISORY COMMITTEE By Zoom Thursday, October 22, 2020

Summary Minutes

1. Call to Order: The meeting was called to order by Chair Paige Greenlee at 10:30 a.m.

2. Attendance a. Committee: Present: Paige Greenlee, Chair; Vincent Cuomo, Vice Chair; members – Patience Burns, Karen Cespedes, Maggie Davis, Jordan Dresnick, Lawrence Gordon, Kimberly Hosley, Hong Potomski, Jim Sewell, Melanie Shore, Wilhelmina Tribble and Holly Tyrell. Absent: Allen Jackson and Tom Kontinos. b. Bar staff: Josh Doyle, Francine Walker, Jennifer Krell Davis c. Others: President Dori Foster-Morales; President-elect Mike Tanner; Linda Goldstein, BOG

3. Self-Introductions; Comments on prior evening’s social event: As this was the first meeting of the current bar year, each member shared some of their background information. Those who were able to attend the social event were very appreciative of the opportunity to interact with each other and President Foster-Morales and enjoyed the activity of building a charcuterie board led by YLD board member Jennifer Smith Thomas.

4. Agenda Item 3 – Judicial Elections Educational Tool Kits: Members reported ways they used the tool kits to education voters on the judicial elections and merit retention election. Those included: distributing voter guides to homes (one member personally dropped off a copy at each of the 152 homes in her subdivision); using the sample email to all contacts; submitting letters to the editor; speaking briefly during Zoom meetings of community organizations about the resources; contacting the local Office of New Americans (Miami-Dade); and educating Bar members so they can educate clients, friends and family. A discussion ensued about how these communications could be more effective in the future. Suggestions included starting earlier, communicate year-round about how important judges are, and reframe the messaging to communicate that voting in judicial and merit retention elections is being a good citizen.

5. Agenda Item 4 – Discussion on member topics (time did not allow for this agenda item to be addressed)

6. Agenda Item 5 – Town Hall with President Foster-Morales: The opening discussion included how the pandemic has affected access to justice, forced changes in the court system and impacted communities across the state as well as the findings from the TFB member town halls held in

Page 1 of 2 THE FLORIDA BAR

August and September. Polls for the committee members were administered and results were: (1) What has been your greatest challenge during the pandemic? (single choice): Isolation – 53%; Technology – 7%; Financial/job stability – 0%; child care – 3%; Elder care – 0%; Home life/work life balance 27%; and Other – 0%. (2) What are some ways lawyers can serve your community now and after the pandemic ends? (single choice): Email clients and friends about consumer resources available from TFB – 0%; Increase community volunteerism (non-legal) or charitable giving – 46%; Provide free Zoom seminars on legal topics through local organizations – 31%; Increase pro bono legal services – 23%. The advantages and disadvantages of remote court proceedings for clients were discussed. Committee members encouraged the need for TFB to encourage lawyers to connect with families in need in any way possible and for the Bar to recognize lawyers who are giving back to their communities in these difficult times – through donations, volunteerism, public education and pro bono legal service. President Foster-Morales.

7. Adjournment: After reminding the committee members to join the BOG Communications Committee for its meeting at 1 p.m., Chair Greenlee adjourned the meeting at 12 p.m.

Page 2 of 2 The Florida Bar 2020 Judicial Elections Public Education and Results Report

In 2020, the Constitutional Judiciary Committee of The Florida Bar once again sponsored a multi-faceted program to educate Florida voters about judicial elections. All efforts were promoted on The Bar’s social media platforms. That outreach included:

▪ A poll of instate Bar members about the appellate judges on the merit retention ballot; ▪ A redesigned Voter Guide in English and Spanish answering questions about courts and what judges do; ▪ Judicial Candidate Voluntary Self-Disclosure statements posted to the Bar website by trial court candidates; ▪ The Vote’s in YOUR COURT online resource center on The Florida Bar web site with links to the poll, Voter Guide, bios of judges facing merit retention votes and additional voter resources.

In addition, the Citizens Advisory Committee promoted the availability of the educational materials in their communities both before the primary and before the general election. Using tool kits (Atts. 1 and 2, CAC Tool Kits) created by the Communications staff, the nonlawyer members submitted letters to the editor, emailed many personal and professional contacts, posted on their individual social media platforms, spoke up in Zoom calls with organizations they are members of and looked for locations to drop off printed guides. One member placed a voter guide at the door of all 152 homes in her subdivision and another delivered hundreds of guides to the Miami-Dade Office of New Americans. The committee members also reviewed the webpage from the consumer perspective and suggested changes to improve users’ experiences.

FLORIDA BAR MERIT RETENTION POLL (*2020 Election Results) A poll of Florida Bar members regarding the merit retention election of one state Supreme Court justice and 24 appellate court judges indicated support for all to be retained. Results showed recommendations for retention ranging from 90 percent to 71 percent approval.

The poll is confidential and seeks to find whether attorneys who know the most about these jurists believe they should continue in their jobs. (It should be noted that former 5th DCA Judge Jamie Grosshans, now Justice Grosshans, was listed in the poll and her name appeared on ballots in the 5th DCA counties because ballots were already printed at the time of her appointment on Sept. 14, 2020, by Gov. Ron DeSantis to the Florida Supreme Court.)

1 In August, 78,405 ballots were distributed to in-state Bar members through Election Services Co. of New York; with 3,626 lawyers taking part in the poll. Of those, 2,518 returned ballots by mail and 1,108 voted via the internet. The participation rate was 4.62 percent.

The 2020 participation rate in the poll was lower than in previous years and likely was affected by the COVID pandemic. Only responses of those attorneys with considerable or limited knowledge of the judges are included in the poll results. This is the 21st election year the Bar has conducted the poll. This year, the retention election was on the ballot in the Nov. 3 general election. (Att. 3, Merit Retention Media Coverage)

2020 Florida Bar merit retention poll results

▪ Florida Bar News article, Aug. 31, 2020 DEADLINE TO RESPOND TO THE BAR’S 2020 MERIT RETENTION POLL IS SEPT. 8

▪ Florida Bar News article, Sept. 18, 2020 FLORIDA LAWYERS RATE JURISTS FACING RETENTION VOTE

▪ Florida Bar News Release, Sept. 18, 2020 FLORIDA BAR POLL SHOWS SUPPORT FOR APPELLATE JUDGES IN UPCOMING MERIT RETENTION ELECTIONS

GUIDE FOR FLORIDA VOTERS

This six-page Guide for Florida Voters to Florida judicial elections was available to voters in both English and Spanish answering basic questions about judges and what they do and the merit selection/retention process.

The Bar printed 50,000 copies in English, and almost all were distributed statewide through county supervisors of elections offices, public libraries, voluntary bars and local civic and political groups.

The Bar printed 7,500 copies in Spanish and distributed all of those to Hispanic bar associations as well as libraries, supervisors of elections offices and individuals. This is the fifth election cycle the Bar has printed the Guide for Florida Voters.

Download the 2020 Guide for Florida Voters here

Download the 2020 Guide for Florida Voter/Spanish here

2 JUDICIAL CANDIDATE VOLUNTARY SELF-DISCLOSURE STATEMENT PROGRAM

Begun a decade ago, the goal of this program is to assist the public in making educated decisions when voting for trial court judicial candidates.

Judicial candidates for county or circuit seats were invited to submit a 10-page voluntary self- disclosure statement with information about their backgrounds as well as personal statements.

Sixty-four candidates submitted statements, which were posted on the Bar’s website in July.

In the 2020 election year, 16 County Court elections were held in 12 counties. Those races drew 39 candidates. In many County Court races, incumbents drew no opposition. Twenty County Court candidates posted statements. (Att. 4, County Court Races)

Thirty-four Circuit Court races drew 75 candidates. Many races statewide were not contested. Forty-four candidates submitted statements. (Att. 5, Circuit Court Races)

After the primary election on Aug. 18, only the statements of candidates involved in runoffs remained posted on the site. (Att. 6, General Election Results)

This year, a revamp of the web site presentation gave explanations to voters about the differences between circuit and county courts and also provided maps to show both the circuits, with the counties composing them, and the individual counties.

3 JUDICIAL CANDIDATE VOLUNTARY SELF-DISCLOSURE STATISTICS

# # # % Year Races Candidates Participants Participation

2020 County 16 39 20 51.2 %

2020 Circuit 34 75 44 58.6 %

2020 Total 50 114 64 56.1%

2018 County 42 108 52 48.1%

2018 Circuit 33 82 56 68.3%

2018 Total 75 190 108 56.8%

2016 58 156 102 65.4% 2014 67 156 107 68.6% 2012 76 189 91 48.1% 2010 59 158 72 45.6%

THE VOTE’S IN YOUR COURT WEB PAGE

This public education center on the Bar’s website (https://www.floridabar.org/thevotesinyourcourt) is an online source for information on judicial elections.

This year, the webpage and its component pages were among the most-viewed pages on the Bar’s website in October, only surpassed by Find a Lawyer. Between Sept. 1 and Nov. 3, the election pages saw 166,525 users viewing various pages 300,181 times. (Att. 7, Elections Dashboard)

The webpage includes English and Spanish versions of the Guide for Florida Voters. It also has links to more judicial-related information, including the Code of Judicial Conduct, links to the merit retention poll of Bar members and the Judicial Candidate Voluntary Self-Disclosure statements.

The center also featured bios of the appeal court judges and one Supreme Court justice facing a merit retention vote. Additionally, it has links to pages on the web sites of the Florida

4 Supreme Court and the five District Courts of Appeal that post decisions handed down by those courts. As a resource for voters, the page also linked to the Florida Division of Elections web site for information about the six constitutional amendments on the Nov. 3, 2020, ballot.

*2020 Merit Retention Election Results

In the Nov. 3, 2020, General Election, Florida voters retained:

Supreme Court Justice Carlos Muñiz: 65.75, yes; 34.25, no, with 9,560,353 votes counted.

For the appellate courts 1st DCA judges: ▪ Joseph Lewis Jr.: 70.35, yes; 29.65, no – 1,561,516 votes ▪ Scott Makar: 66.36, yes; 33.64, no – 1,550,405 votes ▪ Rachel Nordby: 66.92, yes; 33.08, no – 1,549,223 votes ▪ Tim Osterhaus, 64.44, yes; 35.56, no – 1,544,729 votes ▪ Clay Roberts, 66.63, yes; 33.37, no – 1,544,506 votes ▪ Adam S. Tanenbaum, 65.17, yes; 34.83, no – 1,544,579 votes

2nd DCA judges ▪ Drew Atkinson, 70.88, yes; 29.12, no – 2,740,274 votes ▪ Morris Silberman, 71.06, yes; 28.94, no - 2,725,327 votes ▪ Daniel H. Sleet, 70.96, yes; 29.04, no – 2,715,823 votes ▪ Andrea Teves Smith, 74.98, yes; 25.02, no – 2,711,482 votes

3rd DCA judges ▪ Monica Gordo, 73.77, yes; 26.23, no – 1,038,537 votes ▪ Eric William Hendon, 75.08, yes; 24.92, no – 1,025,894 votes ▪ Fleur Jeannine Lobree, 72.78, yes; 27.22, no – 1,021,677 votes ▪ Thomas Logue, 72.66, yes; 27.34, no – 1,021,336 votes ▪ Bronwyn Catherine Miller, 74.93 yes; 25.07, no –1,024,193 votes

4th DCA judges ▪ Alan O. Forst, 64.16, yes; 35.84, no – 1,783,370 votes ▪ Mark W. Klingensmith, 63.03, yes, 36.97, no – 1,773,260 votes ▪ Martha C. Warner, 77.04, yes; 22.96, no – 1,774,800 votes

5th DCA judges ▪ Kerry I. Evander, 72.29, yes; 27.71, no – 2,323,763 votes ▪ John M. Harris, 72.88, yes; 27.12, no – 2,306,393 votes ▪ Richard B. Orfinger, 71.11, yes; 28.89, no – 2,301,216 votes ▪ Meredith Sasso, 70.7, yes; 29.3, no – 2,294,551 votes ▪ F. Rand Wallis, 72.01, yes; 27.99, no – 2,278,176 votes

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2020 Public Education on Judicial Elections THE VOTE’S IN YOUR COURT The Florida Bar Citizens Advisory Committee Communications Tool Kit, Part 1

Graphics – pg. 2 Sample Email to Contacts – pgs. 3-4 Sample Letters to the Editor – pgs. 5-7 Sample Social Media Posts– pgs. 8-10

To request printed copies in quantities of 50 or more for community distribution, please email [email protected] indicating quantities for English and quantities for Spanish versions.

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Right click on the image to copy/paste.

Link to copy/paste in correspondence – link is embedded: The Vote’s in YOUR COURT

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2020 Public Education on Judicial Elections THE VOTE’S IN YOUR COURT The Florida Bar Citizens Advisory Committee Sample Email to Contacts

SUBJECT: Florida Bar Releases “2020 Guide for Florida Voters” Dear ______,

The Florida Bar has made it a priority to promote civics education across the state, including sharing helpful, nonpartisan educational resources to help Florida voters prepare to cast ballots with confidence this fall. This is especially important ahead of Florida’s August 18 primary election, when 17 county court elections are being held in 12 counties and 34 circuit court races drew 75 candidates. As a member of The Florida Bar’s Citizens Advisory Committee, I’m pleased to support this initiative by sharing the Bar’s “2020 Guide for Florida Voters,” an easy-to-read, nonpartisan brochure about the courts, the role of judges, and the merit retention process. It is available in English and in Spanish. 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? • What exactly does a judge do? What makes someone a “good” judge? • Why don’t judges campaign on platforms? • Why is it important to vote in judicial elections and merit retention elections?

To further educate voters about judicial elections, The Florida Bar also provided all candidates for contested county and circuit seats the opportunity to provide a voluntary self-disclosure statement that gives voters basic biographical information, legal experience, and community work, as well as a short essay on why candidates feel they would be good judges. The statements are available on the Bar’s website at www.floridabar.org as part of The Vote’s in YOUR COURT resources for voters to learn about on about judicial elections as well as about the November merit retention election.

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To help you prepare for the merit retention elections on the November ballot, you’ll also find FAQs and biographies of all of the appellate judges that voters will be asked to retain or not retain. In September, results will be posted from a poll of Florida lawyers who have direct knowledge of those District Court of Appeals judges and one Supreme Court justice indicating whether each should be retained or not retained.

Judges have the responsibility to uphold the application of the law without personal bias. As Floridians, we have the responsibility to vote for who best fills these important roles. Staying informed on the election process and the candidates is the best avenue to fulfilling that civic duty. Help us increase awareness and knowledge of upcoming judicial elections by visiting and sharing the “2020 Guide for Florida Voters,” and other voter resources on the Bar’s website. You can also pick up copies of the brochure from your local supervisor of elections office and at many public libraries. A Spanish version is available online and printed copies will be distributed by members of Florida’s Hispanic voluntary bars. Sincerely, [INSERT NAME] Citizens Advisory Committee of The Florida Bar

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2020 Public Education on Judicial Elections THE VOTE’S IN YOUR COURT The Florida Bar Citizens Advisory Committee Sample Letters to the Editor

*Feel free to make them your own but watch the word count as most newspapers have limits. *Go the website of the newspaper or other publication and follow instructions to submit a letter to the editor – some will provide an email address; others will have a form to submit from the website. *Be sure to note the maximum word count as you compose your own letter; 250-300 words is usually recommended.

Sample letter to the editor - 245 words Dear Editor:

Florida’s primary election is August 18. Seventeen contested county court judge elections are being held in 12 counties and 34 circuit court judge races drew 75 candidates. Florida’s judicial elections are nonpartisan and judicial codes prohibited candidates from publicly stating their positions on any issue, making it difficult to gauge which candidate best aligns with a voter’s interests.

As a member of The Florida Bar’s Citizens Advisory Committee, I recommend that voters review the resources on The Florida Bar’s website to learn more about judicial elections and candidates.

Included is a voter guide with frequently asked questions including why it’s important to vote in judicial elections, what the qualifications are for a judicial seat, and what makes someone a “good” judge. Printed voter guides are available at main public library branches and local offices of supervisors of elections.

Also available online are judicial candidate voluntary statements with biographical information, legal experience, and community work, as well as a short essay on why candidates feel they would be good judges. Statements submitted and additional voter resources, including

5 1(6) information for the November merit retention elections, are posted at www.floridabar.org on The Vote’s in YOUR COURT webpage linked from the homepage.

Sincerely, [INSERT NAME] Citizens Advisory Committee of The Florida Bar

Sample letter to the editor - 281 Words Dear Editor:

All too often we ignore the role judges play in our lives until (or unless) we find ourselves in front of one. Yet crucial decisions are made from the bench, and it is so important that the best candidates be elected to serve on the judiciary. And that we don’t relinquish our right to cast our ballots for the judges who will serve us.

As a member of The Florida Bar’s Citizens Advisory Committee, I am recommending (or I want to make people aware of) important resources for Florida voters for the upcoming Florida primary on August 18. On that day, 17 contested county court judge elections are being held in 12 counties and 34 circuit court judge races drew 75 candidates.

Florida’s judicial elections are nonpartisan and judicial codes prohibited candidates from publicly stating their positions on any issue, but in the voter guide there are answers on important topics, such as why it’s important to vote in judicial elections, what the qualifications

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are for a judicial seat, and what makes someone a “good” judge. Printed voter guides are available at main public library branches and local offices of supervisors of elections.

Also available online are judicial candidate voluntary statements with biographical information, legal experience, and community work, as well as a short essay on why candidates feel they would be good judges. Additional information, including the November merit retention elections, can be found at www.floridabar.org on The Vote’s in YOUR COURT webpage linked from the homepage.

As Floridians, we have the responsibility to cast our ballot for the judges we feel will best uphold the law without personal bias. We can best fulfill our civic duty by staying informed.

Sincerely, [INSERT NAME] Citizens Advisory Committee of The Florida Bar

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2020 Public Education on Judicial Elections THE VOTE’S IN YOUR COURT The Florida Bar Citizens Advisory Committee Sample Social Media Posts

*Please note each tweet has been measured to ensure it fits within Twitter's character limit parameters and includes the #VotesInYourCourt hashtag at the end of each one. *Facebook has no character limit, so those are slightly longer. *See below for instructions on tagging The Florida Bar so we can share your posts.

Twitter: Please note that Twitter will truncate the link.

1. Did you know? @TheFlaBar provides a wealth of information as part of its program to educate Florida’s voters about judicial elections on its "The Vote’s in Your Court" webpage: https://www.floridabar.org/the-florida-bar-news/the-votes-in-your-court-resources-for-voters- on-judicial-candidates-now-available-on-the-florida-bars- website/?fbclid=IwAR1oq3CP9c1YHEEaEQPfIrBibZxxUPvKnsO6jzxQ1J6X8QyVxbfIkQoTSq4 #VotesInYourCourt

2. The Vote’s in Your Court page includes a “Guide for Fla. Voters” -- an easy-to-read, nonpartisan brochure about the courts & role of judges; judicial candidate statements; and biographies of judges facing merit retention elections in Nov. https://www.floridabar.org/the- florida-bar-news/the-votes-in-your-court-resources-for-voters-on-judicial-candidates-now- available-on-the-florida-bars-website/ #VotesInYourCourt

3. The Florida Bar also has printed 50,000 copies of the “Guide for Florida Voters,” available at Florida supervisor of elections offices & many public libraries. For copies for civic groups, email: [email protected]. https://www.floridabar.org/the-florida-bar-news/the-votes-in- your-court-resources-for-voters-on-judicial-candidates-now-available-on-the-florida-bars- website/ #VotesInYourCourt

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4. With the primary election less than a month away, The Florida Bar is providing information about judicial candidates as part of its initiative to educate Florida’s voters about elections. #VotesInYourCourt https://www.jaxdailyrecord.com/article/the-florida-bar-providing-election- guide

Facebook:

First, here are some posts that have already been made that you can share/and or copy the language from for your own posts:

** The Florida Bar ** Florida Supreme Court Historical Society ** Tallahassee Bar Association ** Hillsborough Association For Women Lawyers ** Florida Bar YLD

Here are some pre-crafted posts for Facebook with a bit.ly link to the webpage:

** The Vote’s in Your Court webpage includes a “Guide for Florida Voters,” an easy-to-read, nonpartisan brochure about the courts and the role of judges; statements submitted by trial court judicial candidates; and biographies of the judges facing merit retention elections in November. Results of the Bar’s merit retention poll of lawyers who have appeared before the judges up for merit retention will be posted in early September - https://bit.ly/3k5eNYC #VotesInYourCourt

** The Bar’s “Guide for Florida Voters” answers many questions voters might have about merit retention and what judges do. On the webpage there are also links to the Code of Judicial

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Conduct, biographies of the appeals court judges and one Supreme Court justice up for merit retention, and links to appellate court opinions. The merit retention poll will be conducted in August, with results published in early September - https://bit.ly/3k5eNYC #VotesInYourCourt

How To Tag The Florida Bar in a Facebook or Twitter post:

On Twitter, simply use @theflabar somewhere in your tweet where we are mentioned

On Facebook, type an "@" in your caption and then "the florida bar" right after that -- for example, @The Florida Bar has just released the "Guide For Florida Voters" ...

When you do that, the FB page of The Florida Bar will populate automatically and just click it and it will tag us!

Please let me know if you have any questions!

Danny [email protected]

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2020 Public Education on Judicial Elections Merit Retention Poll Results The Florida Bar Citizens Advisory Committee Communications Tool Kit, Part 2

Graphics – Pg. 2 Sample Email to Contacts – Pg. 3 - 4 Sample Letters to the Editor – Pg. 5 - 7 Sample Social Media Posts– Pg. 8 - 9

To request printed copies in quantities of 50 or more for community distribution, please email [email protected] indicating quantities for English and quantities for Spanish versions.

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Right click on the image to copy/paste.

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2020 Public Education on Judicial Elections THE VOTE’S IN YOUR COURT MERIT RETENTION POLL RESULTS The Florida Bar Citizens Advisory Committee

Sample Email to Contacts

SUBJECT: Florida Bar Releases 2020 Merit Retention Poll Results

Dear ______,

Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections within the first year of appointment and then every six years for voters to determine whether they should remain on their courts. These are called “merit retention” elections. A “Yes” vote means a voter wants the judge or justice to remain on the court for another six-year term. A “No” vote means a voter wants the judge or justice to be removed from the court. The majority vote decides.

As a member of The Florida Bar’s Citizens Advisory Committee, I’m pleased to share with you the results of the Bar’s 2020 merit retention poll. Every two years, the Florida Bar conducts this statewide poll that asks in-state Florida Bar members to rate judges and justices who are up for retention votes and of whom they have direct knowledge.

Lawyers taking part in the poll were asked to consider eight attributes: quality and clarity of judicial opinions; knowledge of the law; integrity; judicial temperament; impartiality; freedom from bias/prejudice; demeanor; and courtesy.

In addition to the poll results, biographies of all of the appellate judges and a Merit Retention FAQ are posted at www.floridabar.org on The Vote’s in YOUR COURT webpage linked from the homepage.

Also available on the webpage for the county and circuit judicial run-off elections are some

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judicial candidate voluntary statements with biographical information, legal experience, and community work, as well as a short essay on why candidates feel they would be good judges.

Please help to increase awareness and knowledge of the judicial elections on the Nov. 3 ballot by sharing the voter resources on the Bar’s website with your friends and family.

Sincerely, [Your Name] Citizens Advisory Committee of The Florida Bar

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2020 Public Education on Judicial Elections THE VOTE’S IN YOUR COURT MERIT RETENTION POLL RESULTS The Florida Bar Citizens Advisory Committee

Sample letter to the editor - 210 words

Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan “merit retention elections” within the first year of appointment and then every six years for voters to determine whether they should remain on their courts. Unlike circuit and county court judges, knowledge of appeals judges is not well known among voters.

Every two years, the Florida Bar conducts a statewide poll that asks Florida Bar members to rate those judges and justices who are up for retention votes and of whom they have direct knowledge. Results in the 2020 poll showed recommendations for retaining the judges, ranging from 90 percent to 71 percent approval.

As a member of The Florida Bar’s Citizens Advisory Committee, I recommend that voters review the Bar’s merit retention poll results located on The Florida Bar’s website to see how lawyers assessed each judge and one Supreme Court justice ahead of the November election. Biographies of the appellate judges on the ballot and an FAQ on merit retention can also be helpful.

These resources are posted at www.floridabar.org on The Vote’s in YOUR COURT webpage linked from the homepage. I urge voters to take advantage of these resources and to vote in the Nov. 3 general election. [INSERT NAME] Citizens Advisory Committee of The Florida Bar

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Sample letter to the editor – 292 Words

How many times have you found yourself standing in the voting booth with pen in hand or at the kitchen table with a mail in ballot trying to vote for judges that you don’t have any direct knowledge of? The Florida Bar offers several resources for voters to learn more about the judges on the upcoming general election ballot.

Every two years, The Florida Bar conducts a statewide poll that asks Florida Bar members to rate the judges and justices who are up for retention votes and of whom they have direct knowledge. The 2020 results showed recommendations for retention ranging from 90 percent to 71 percent approval.

As a member of The Florida Bar’s Citizens Advisory Committee, I am recommending that voters review the results of the 2020 merit retention poll, the biographies of the appellate judges, and a merit retention FAQ provided online by The Florida Bar.

These resources are available at www.floridabar.org on The Vote’s in YOUR COURT webpage linked from the homepage. Also available for county and circuit judicial run-off elections are some judicial candidate voluntary statements with biographical information, legal experience, and community work.

I encourage voters to take advantage of these resources and to vote in the Nov. 3 general election.

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[INSERT NAME] Citizens Advisory Committee of The Florida Bar

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2020 Public Education on Judicial Elections THE VOTE’S IN YOUR COURT MERIT RETENTION POLL RESULTS The Florida Bar Citizens Advisory Committee

Sample Social Media Posts

Twitter: Please note that Twitter will truncate the link.

Check out @TheFlaBar for the 2020 poll that asked Bar members to rate appellate judges on the ballot for retention votes and whether the attorneys who know the most about them believe they should remain on the bench. https://www.floridabar.org/public/faircts/votes010/votes003/ #VotesInYourCourt

The @TheFlaBar 2020 merit retention poll results are out. Learn what Bar members think of the Supreme Court Justice and appeals court judges up for merit retention on the Nov. 3 ballot. https://www.floridabar.org/public/faircts/votes010/votes003/ #VotesInYourCourt

@TheFlaBar provides a wealth of information as part of its program to educate Florida’s voters about judicial elections including merit retention of appeals court judges on its "The Vote’s in Your Court" webpage https://www.floridabar.org/public/faircts/votes010/votes003/ #VotesInYourCourt

Facebook: Here are some suggested posts for Facebook with a bit.ly link to the webpage.

Be sure to vote in this year’s merit retention elections. Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections within the first year of appointment and then every six years for voters to determine whether they should remain on their courts. A “Yes” vote means a voter wants the judge or justice to remain on the court for another six-year term. A “No” vote means a voter wants the judge or justice to be removed from the court. The Florida Bar’s 2020 merit retention poll asked Bar members to rate 8 2(9)

the judges and justices up for retention votes. See the results, bios of the judges and a merit retention FAQ here: https://bit.ly/3iVohVl

A poll of Florida Bar members regarding the merit retention election of one state Supreme Court justice and 24 appellate court judges indicates support for all to be remain on the bench. Attorneys who know the most about these jurists believe they should continue in their jobs. Results showed recommendations for retention ranging from 90 percent to 71 percent approval. The retention election is on the ballot in the Nov. 3 general election. The complete poll results bios of the judges and a merit retention FAQ can be found here: https://bit.ly/3iVohVl

How To Tag The Florida Bar in a Facebook or Twitter post: On Twitter, simply use @theflabar somewhere in your tweet where we are mentioned

On Facebook, type an "@" in your caption and then "the florida bar" right after that -- for example, @The Florida Bar has just released the "Guide For Florida Voters" ... When you do that, the FB page of The Florida Bar will populate automatically and just click it and it will tag us!

If you have any questions about social media posting, please contact Danny Aller, [email protected]

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2020

NEWS STORIES, COLUMNS AND EDITORIALS

MENTIONING

• THE FLORIDA BAR MERIT RETENTION POLL • VOTING RESOURCES OF THE FLORIDA BAR

Table of Contents

1. No Florida Judges Voted Out, 10 Tampa Bay, Nov. 5 – Article

2. Voters Retain, Tampa Bay Times, Nov. 4 – Article

3. We’re Watching, Sun Sentinel, Nov. 2 – Editorial

4. (Related to above) Defend Our Courts, Sun Sentinel, Oct. 2 – Editorial

5. Florida’s Ballot, The FAMUAN. Oct. 31 – Article

6. Retaining Judges, Hernando Sun, Oct. 31 – Article

7. Florida Voters Set, 10 Tampa Bay, Oct. 27 – Article

8. Orlando Weekly Voting Guide, Orlando Weekly, Oct. 22 – Editorial

9. Why I’m Voting No, Orlando Sentinel, Oct. 7 – Column

10. Election 2020, Ocala Star Banner, Oct. 6 – Article

11. Know Your Ballot, Citrus County Chronicle, Oct. 4 – Article

12. Florida Supreme Court, News 4 Jax, Sept. 26 – Article

13. Poll Recommends, Jacksonville Daily Record, Sept. 24 – Article

14. FL Bar Members, The Phoenix, Sept. 18 – Article

15. FAQs About, The Islander, Aug. 27 – Article

16. Point of View, Palm Beach Post, Aug. 10 – Column

17. The Florida Bar, Jacksonville Daily Record, July 22 – Article 3(2)

November 5, 2020

NO FLORIDA JUDGES WERE VOTED OUT OF OFFICE, ONCE AGAIN (BACK) https://www.wtsp.com/article/news/investigations/10-investigates/florida-judges-2020- election/67-2174f0c5-8fc6-4e18-ad91-d8ecbb0a9781

10 Tampa Bay Jenna Bourne (WTSP)

One Florida Supreme Court Justice and 23 appellate court judges were on Florida ballots. Voters chose to keep every single one.

ST. PETERSBURG, Fla — With all the talk of election results this week, there’s something on your ballot that’s not getting a lot of attention: Once again, no Florida judges got voted out of office.

Judicial merit retention elections rarely make headlines but can make a big impact on Florida’s justice system.

You may remember seeing a few questions on your ballot asking if certain judges should remain in office.

Florida Supreme Court justices and District Courts of Appeal judges are appointed by the governor.

Those newly appointed judges go on the ballot within two years of their appointment so voters can choose whether they stay in office.

If that happens, they go on the ballot every six years after that.

There are no term limits.

“The judicial elections give us – give the people an opportunity to weigh in on our judicial selections. And we know that the judicial branch is the one that’s most removed from the people, the least democratic of all the branches,” said Stetson University Assistant Professor of Political Science Kelly Smith, PhD.

Florida Supreme Court justices and judges on the five District Courts of Appeal review the decisions made by county and circuit trial courts.

Appellate judges decide appeals of trial court decisions.

Supreme Court justices decide appeals of decisions from the appellate courts, decide death penalty appeals, resolve conflicts between appellate courts and oversees administration of Florida’s court system.

In the 2020 general election, one Florida Supreme Court Justice and 23 appellate court judges were on Florida ballots.

Voters chose to keep every single one. 3(3)

The Florida Bar tells 10 Investigates voters have chosen to retain every justice and appellate judge that’s ever appeared on their ballots.

None have ever been voted out since these Florida judicial retention elections began in 1978.

“Even if we are retaining our judges at a 100% rate, at least this is an avenue that’s available for the people to hold our judges accountable and hold those who appointed them accountable, to make sure that they’re doing a good job,” said Smith.

So, what’s the deal? Do Floridians just think all these judges and justices are doing a really great job?

“That’s what we would hope. I also think that they’re really difficult to get information on. It’s really a struggle for residents to know a lot about their decisions and how their decisions affect them,” said Smith.

Judges and justices can’t talk about issues that might come before them in court, but you can do your own research by reading their opinions on cases they’ve decided. Those can be found here for Supreme Court justices. You can find District Courts of Appeal opinions by navigating to your district’s website.

The Florida Bar posts biographies on its website for every justice and judge up for a merit retention election every two years.

The Florida Bar also provides the results of its merit retention poll, which asks in-state Florida Bar members to rate judges and justices who are up for retention votes.

“In my preparation for this past election …I was pretty easily able to find who appointed them, which obviously gives you some indication of whether they lean more conservative or liberal,” said Smith. “They’re nonpartisan races, but they are appointed by partisan officials. So, it’s more likely that Republican elected officials are going to appoint more conservative justices vs. more liberal justices."

There is another way for judges who behave unethically to be removed from office, and this has happened before.

The Florida Constitution gives an independent agency called the Judicial Qualifications Commission the power to remove a state judge after investigating misconduct.

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Nov. 4, 2020

VOTERS RETAIN FLORIDA SUPREME COURT JUSTICE, APPELLATE JUDGES (BACK) https://www.tampabay.com/news/florida-politics/elections/2020/11/04/voters-retain- florida-supreme-court-justice-appellate-judges/

By News Service of Florida 3(4)

State law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot for retention in nonpartisan elections within the first year of appointment.

Florida Supreme Court Justice Carlos Muniz stands at the podium as Gov. Ron DeSantis looks on. [ News Service of Florida ]

Florida voters on Tuesday agreed to return 23 appellate judges to the bench, along with Florida Supreme Court Justice Carlos Muñiz. Gov. Ron DeSantis appointed Muñiz to the state Supreme Court last year.

The Florida Bar each year asks its members to rate justices and judges who are up for retention votes. The survey asks lawyers whether they think justices and judges have considerable or limited knowledge and whether they should be retained.

While the confidential survey showed that Muñiz should be retained, he had the lowest approval among 3,626 attorneys who participated in the poll. Seventy-one percent of respondents said the justice should be retained. Just one other judge — 1st District Court of Appeal Judge Rachel Norby — scored 71 percent on The Florida Bar poll of attorneys. Second District Court of Appeal Judge Morris Silberman earned the highest score on the poll, with 90 percent of attorneys saying that Silberman should be retained.

State law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot for retention in nonpartisan elections within the first year of appointment. Judges and justices thereafter appear on the ballot every six years.

Florida voters overwhelmingly retained all of the appellate court judges up for retention this year, including Nordby and five other 1st District Court of Appeal judges — Joseph Lewis Jr., Scott Makar, Tim Osteraus, Clay Roberts and Adam Tannenbaum. In addition to Silberman, 2nd District Court of Appeal Judges Drew Atkinson, Daniel H. Sleet and Andrea Teves Smith were retained on Tuesday. Five judges from the 3rd District Court of Appeal — Judges Monica Gordo, Eric William Hendon, Fleur Jeannine Lobree, Thomas Logue and Bronwyn Catherine Miller — were retained. Voters also retained 4th District Court of Appeal Judges Alan O. Forst, Mark W. Klingensmith and Martha C. Warner. And 5th District Court of Appeal Judges Kerry I. Evander, John M. Harris, Richard B. Orfinger, Meredith Sasso, and F. Rand Wallis also were retained.

NOV. 02, 2020

WE’RE WATCHING TURNOUT, BALLOT DUST-UPS AND LOOK AT WHAT ELSE (BACK) https://www.sun-sentinel.com/opinion/editorials/fl-op-edit-watch-florida-election- 20201102-m6hdseja6zdzhlwbws3oysuap4-story.html

South Florida Sun Sentinel

By SUN SENTINEL EDITORIAL BOARD

Florida will be one of the most-watched states in this most-watched presidential election. But this time, we don’t expect Florida to be last in reporting results. This time, we expect that distinction to go to the swing states of Michigan and Pennsylvania, which cannot begin processing their mail-in ballots until Election Day. Florida, by contrast, has been processing 3(5) mail-in ballots for three weeks, though they won’t be tallied until the polls close at 7 p.m., 8 p.m. in the western Panhandle. . . . .(recap of candidates and issues)

Florida Supreme Court: Justice Carlos Muñiz, appointed by Gov. Ron DeSantis last year, faces his first merit retention vote. The Sun Sentinel, Orlando Sentinel and Miami Herald have all recommend a “no” vote because Muñiz has shown excessive partisanship. Plus, in a Florida Bar poll of lawyers familiar with his work, he got the lowest scores of any justice in the past 40 years. We don’t expect Muñiz to be unseated. Losing a merit retention vote is unprecedented in state history. But we hope an underwhelming margin sends a needed reminder that citizens expect the highest standards of those appointed to the bench. . . .

RELATED: Vote "No" on poor-performing judges Muniz, Forst and Klingensmith | Editorial » (See immediately below)

Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or a designee. The Editorial Board consists of Editorial Page Editor Rosemary O’Hara, Dan Sweeney, Steve Bousquet and Editor-in-Chief Julie Anderson.

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RELATED TO ABOVE:

OCT. 02, 2020

DEFEND OUR COURTS. VOTE “NO” ON POOR-PERFORMING JUDGES MUÑIZ, FORST AND KLINGENSMITH | EDITORIAL (BACK) https://www.sun-sentinel.com/opinion/endorsements/fl-op-general-endorse-muniz-forst- klingensmith-20201002-7izbaillxzhcjnpxqvhwjxhefm-story.html

SOUTH FLORIDA SUN SENTINEL |EDITORIAL BOARD

The Sun Sentinel editorial board encourages a “No” vote on the retention of Florida Supreme Court Justice Carlos Muñiz and Fourth District Court of Appeal Judges Alan O. Forst and Mark Klingensmith. However, we enthusiastically recommend a “yes” vote for Fourth District Judge Martha Warner, one of Florida’s most respected judges.

An essential principle underlies Florida’s practice of appointing — rather than electing — its Supreme Court justices and the judges of its five district courts of appeal.

Politics has no place in the courts of last resort.

A series of ethical scandals at the Florida Supreme Court taught that lesson, which is why in 1976, the Legislature and voters agreed to rely on “merit selection” to populate these most important courts.

But under Gov. Ron DeSantis and his predecessor, Rick Scott, “merit” has come to be defined by political connections, rigid conservatism and membership in a particular advocacy organization — the Federalist Society. 3(6)

What their appointments have wrought is why in this year’s retention elections, we are recommending voters say “No” to new six-year terms for Supreme Court Justice Carlos Muñiz and Judges Alan O. Forst and Mark Klingensmith of the Fourth District Court of Appeal.

Voting “No” is the only way to tell DeSantis to put the politics aside and repair the damage done to Florida’s judicial nominating commissions since the 2001 Legislature gave the governors total control of them.

Sen. Perry Thurston, D-Fort Lauderdale, proposes legislation to put the commissions back as they once were, with the governors appointing only three members, the Florida Bar another three, and three selected by the commissions themselves. In all but a few instances, the former process kept politics at a safe distance.

Muñiz is the only justice on ballots statewide this year. Forst and Klingensmith are among 23 appeals court judges on ballots only in their respective districts.

On the other hand, we enthusiastically recommend a “yes” vote for Fourth District Judge Martha Warner, whom Republican Gov. Bob Martinez appointed in 1988. She is one of Florida’s most respected judges.

While circuit and county court judges can face contested elections, appellate judges run only on their records.

Part of their records, properly so, are the marks lawyers give them in a poll conducted by the nonpartisan Florida Bar before every retention election. They’re asked to evaluate the judges on eight attributes including legal knowledge, temperament and impartiality. The Bar only counts the responses of those who profess some knowledge of the judges in question. In the past, judges have almost always scored 80 percent or better in favor of new terms.

This year, however, ten of the 24 polled below 70 percent — the equivalent of a low "C" on a student’s examination. Muñiz posted only 71 percent approval overall, and only 63 percent among those lawyers who said they have “considerable” knowledge of him.

Those are the worst ratings for a justice since Joseph A. Boyd Jr., a figure in the Supreme Court scandal, scored 56 percent in 1980.

Forst and Klingensmith, who were Scott appointees in 2013, polled 78 and 79 percent for retention in the Bar poll, hardly improving their standing from the last one six years ago.

We endorsed them on that occasion, despite reservations over their political backgrounds, in the hope they would grow into their roles. They haven’t.

Warner, on the other hand, was favored by 89 percent in this year’s Bar poll, second highest in the state.

Florida’s judiciary ought to be regarded as an honor society with the highest possible standards for admission. No one’s life, liberty or property is safe with anything less.

Muñiz, whom DeSantis appointed last year, had flaunted his Federalist credentials like a kid at a sandlot game shouting, “Pick me! Pick me!” On the form where applicants list their legal memberships, he elaborated that he had been a member “since law school.” 3(7)

Previously, he had worked for Attorney General Pam Bondi, where he helped defend her decision to take no action against the Trump University fraud. Subsequently, President Trump appointed him general counsel to Education Secretary Betsy DeVos, his last post before joining the Florida Supreme Court.

DeSantis took his razor-thin victory in the 2018 election as a mandate to turn a finely balanced Supreme Court hard to the right, forsaking its own precedents. He got the opportunity because the court’s three liberal justices had to retire on account of being older than 70.

Almost immediately, the court dismissed a case it had agreed to hear — the City of Miami Beach’s appeal of lower court decisions invalidating its minimum wage ordinance. It was a telling victory for business lobbies and for the Republican Legislature’s continuing assault on home rule.

Muñiz supported that turnabout, along with subsequent ones to change the rules of evidence in damage suits to make them less favorable to plaintiffs; to ban an assault weapons initiative from going to the voters, a major victory for the gun lobby; and to recant the previous court’s determination that some 100 death row inmates deserved new sentencing hearings because their juries had not recommended death by unanimous votes.

Justice Jorge Labarga, now the only moderate on the court, dissented to all of that.

In 2013, Scott passed over several more experienced judges to appoint Klingensmith, a former outspoken chairman of the Martin County Republican Party, and Forst, whose application extolled his “conservative credentials.”

Klingensmith had been a circuit judge, also by Scott’s appointment, but Forst was a pro- business labor lawyer who could not cite even six cases that he had tried to completion. He chaired the state agency that handles unemployment benefits appeals.

Forst had a hand in one of the worst decisions any Florida court has rendered, a 3-0 Fourth District vote upholding a $4.4 million judgment against environmentalist Maggy Hurchalla over her objections to the Lake Point rock mining and water storage contract in Martin County. The judgment, which the Florida Supreme Court refused to review, is being appealed to the U.S. Supreme Court as a particularly chilling warning against the exercise of First Amendment rights.

In an obvious consequence, the Mosaic phosphate company has asked a judge to “sanction” citizens objecting to a renewed permit to daily dump millions of gallons of polluted water into a tributary of the Peace River. Some have withdrawn their protests under the obvious threat.

The same panel subsequently gutted Florida’s public records law in a related case involving Lake Point. It blocked the Everglades Law Center’s effort to obtain the minutes of a closed- door meeting at which the South Florida Water Management settled with Lake Point over the same project. The court held essentially that state agencies can keep such details secret forever if they involve litigation that has been sent to mediation. 3(8)

For democracy to function, citizens must have the right to be heard and to see what the government is doing. Those were cornerstones of Florida law before Forst and his panel colleagues — Burton C. Conner and Dorian K. Damoorgian — pounded them into dust.

In 1938, Elwyn Thomas of Fort Pierce was elected to the Supreme Court by campaigning as “a man with a sympathetic feeling for the common people.” Sad to say, that self- characterization would get him nowhere with any of today’s nominating commissions.

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October 31, 2020

FLORIDA’S BALLOT IS CONSUMED BY RE-ELECTION (BACK) http://www.thefamuanonline.com/2020/10/31/floridas-ballot-is-consumed-by-re-election/

The FAMUAN

Paris Wilson | Staff writer

With the election next week, it is important to remember we are not just voting for the president. On the Florida ballot, there are seven judges running for re-election.

Carlos G. Muñiz is running for retention merit for the Florida Supreme Court. Muñiz was appointed by Gov. Ron DeSantis in Jan. 2019.

Before his time on the Florida Supreme Court, Muñiz had served as a general counsel to the U.S. Department of Education in 2018 and deputy attorney general and chief of staff for the Florida attorney general’s office from 2011 to 2014 under Attorney General Pam Bondi.

Muñiz was also on the list of possible candidates for the U.S. Supreme Court that was curated by President Trump.

According to a poll conducted by the Florida Bar in 2020, 71 percent of respondents believe that Muñiz should be reappointed.

The Florida first district court of appeal has six incumbent judges on the ballot, each running for re-election.

The first district court of appeal is in Tallahassee. The court listens to cases that were already decided by a lower court, but if a party is not happy with the first outcome, they are able to appeal to a higher court in hopes for a different ruling.

With a lengthy list of names, first time voter Jameela Anderson has found the ballot to be a bit overwhelming.

“It makes me want to read more about politics, especially at the judicial level. It was a lot to take in,” Anderson said. 3(9)

Scott Makar, one of the first district court candidates, was appointed to the bench in 2012 by Gov. Jeb Bush. Previously, Makar served as the solicitor general of Florida, assistant general counsel for the city of Jacksonville, and was an associate and capital partner for Holland and Knight LLP.

John Lewis Jr. was appointed to his position on the Florida first district court of appeal by Bush in 2001.

Lewis served many different roles in the judicial system before he became a judge, such as assistant public defender in the second judicial circuit, assistant attorney general in the Florida Attorney general’s office, and Bureau Chief of the employment litigation and civil litigation section, just to name a few.

With 19 years on the court so far, Lewis has been met with honorable praise through the years and maintained his merit retention.

According to a poll conducted by the Florida Bar in 2020, 84 percent of respondents believe that Lewis should be re-elected and ranks the highest among the first district court of appeals judges on the ballot.

Rachel E. Nordby is a newcomer on the court. She was appointed by DeSantis in 2019.

After graduating from Florida State College of law, she clerked for Judge Bradford L. Thomas, who served in the first district court of appeals at the time.

Before her appointment to the supreme court, Nordby was a partner at the law firm of Shutts & Bowen LLP in Tallahassee. She has also served as the senior deputy solicitor general in the office of the attorney general under Attorney General Bondi.

According to a poll conducted by the Florida Bar in 2020, 71 percent of respondents believe that Nordby should be re-elected.

Tori Smith, a recent Florida A&M University graduate currently studying to obtain her J.D. from Southern University Law Center in Baton Rouge is hopeful for Nordby’s future on the court.

“Nordby shows some promise as a good judge that is looking to serve the legal system, and the people that are seeking justice from the system due to her experience as an appellate attorney that tried cases on the appellate level such as the first district court of appeals. I feel like time will tell that Nordby is actually a good fit for an appeal judge in this district court of appeals,” Smith said.

Adam S. Tanenbaum was appointed in 2019 by DeSantis to the bench of the first district court of appeal.

Before his appointment, Tanenbaum provided legal guidance to the Florida Department of State, and most notably Florida House of Representatives.

Timothy D. Osterhaus was appointed by Gov. Rick Scott in 2013. 3(10

Osterhaus served as the solicitor general of Florida, deputy solicitor general, worked in a private practice and served as a law clerk for U.S. District Court Judge Kenneth Ryskamp before being appointed.

Clayton Roberts was appointed in 2007 by Gov. Charlie Crist to serve on the court.

Before his time on the bench, Roberts served as deputy attorney general, director of Florida’s division of elections, and a council attorney for the Florida House of Representatives.

With election day fast approaching, Leon county voters will have to wait and see if the high court of the state and capitol city district appeal court will remain as is or experiences a shift.

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Oct. 31, 2020

RETAINING JUDGES ON THE BALLOT (BACK)

Hernando Sun

Finding information on the Judges is difficult since they are very limited in what they can say about themselves and this leaves voters with little information on which to make the decision of whether or not they should be retained. The Florida Bar provides polls taken by lawyers who interact with the judges.

Supreme Court of Florida

Justice Muñiz was appointed by Governor Ron DeSantis on January 22, 2019. Before being appointed he served as General Counsel of the United States Department of Education. Justice Muñiz graduated from University of Virginia and of Yale Law School. Justice Muñiz is married to Katie Muñiz and they have three children. In a Florida Bar Association poll Carlos G. Muñiz 71% of the lawyers who interacted with the justice voted to retain him.

Fifth District Court of Appeal

Justice Kerry I. Evander graduated from the University of Florida and the University of Florida law school. Justice Evander is married to Elizabeth K. Evander and they have four children. In a Florida Bar Association poll 86% of the lawyers who interacted with the judge voted to retain the judge.

Richard B. Orfinger is a graduate of Tulane University and University of Florida College of Law. Judge Orfinger was born in Daytona Beach, Florida, is married and the father of two children. In a Florida Bar Association poll 86% of the lawyers who interacted with the judge voted to retain the judge.

Jamie Grosshans* is no longer on the fifth circuit, he has been appointed to the Supreme Court by Governor Ron DeSantis. Voters will have a chance to decide on his retention in 2022. He is on the ballot, but the results of the vote will not affect his new position. 3(11)

Meredith Sasso is a graduate of the University of Florida and has a law degree from the University of Florida. In a Florida Bar Association poll 73% of the lawyers who interacted with the judge voted to retain the judge.

John M. Harris is a graduate of Oklahoma University and Florida State University College of Law. Judge Harris was born and raised in Brevard County, FL and he is married to Elizabeth Harris and they have three children. In a Florida Bar Association poll 81% of the lawyers who interacted with the judge voted to retain the judge.

F. Rand Wallis is a graduate of Furman University and Stetson University College of Law. In a Florida Bar Association poll 81% of the lawyers who interacted with the judge voted to retain the judge.

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Oct. 27, 2020

FLORIDA VOTERS SET TO MAKE DECISIONS ON STATE JUDGES (BACK) https://www.baynews9.com/fl/tampa/news/2020/10/27/florida-voters-set-to-vote-on-state- judges

By Jason Lanning

10 Tampa Bay

TAMPA, Fla. — Florida voters next week won't just be deciding races across the country, they will be deciding the fate of dozens of circuit court judges and one Florida Supreme Court Justice.

Judicial merit retention requires all of Florida's 597 Circuit Court Judges and seven Supreme Court Justices to be retained by voters every six years.

What You Need To Know

• Florida voters set to make decisions on state circuit and supreme court judges • Florida Bar: Merit Retention Poll • BN9: Florida Voting Guide

It is rare for a judge to be voted off the bench, especially in Florida's Supreme Court.

"You would think that in our long history of razor thin elections, at least a couple of justices would have been denied the right to continue serving on the bench," Spectrum Bay News 9 Capitol Reporter Troy Kinsey said. "In fact, that has never happened in the history of merit retention."

There was an effort in the 2017 legislative session to extend term limits for judges to 12 years, but that effort did not gain enough support. 3(12)

There is one Florida Supreme Court Justice up for retirement on the general election ballot. Carlos Muniz was appointed to the court by Governor Ron DeSantis in January 2019.

Local races have dozens of circuit court judges on the ballot this election cycle.

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Oct. 22, 2020

ORLANDO WEEKLY VOTING GUIDE 2020: HERE ARE THE JUDGES ON YOUR ORANGE COUNTY BALLOT (BACK) https://www.orlandoweekly.com/Blogs/archives/2020/10/22/orlando-weekly-voting-guide- 2020-here-are-the-judges-on-your-orange-county-ballot

Posted By Orlando Weekly Editors

The one question we are guaranteed to get most around this time of year is: "How should I vote on these judges?" Judge retention seems to be the most mystifying aspect of the ballot, and members of the court are notoriously tight-lipped, so unless a justice breaks very bad – like Kids for Cash-level bad – you probably won't hear anything to help you decide.

That's where the Florida Bar Merit Retention Poll comes in — you can use their resulting scores almost like a scholastic grade scale (90–100% is an A, 80–89% is a B, 70–79% is a C, 60–70% is a D, and 59% or lower is an F). Of course, how much stock you put in lawyers' opinions is your own business.

JUSTICE OF THE SUPREME COURT

There are six Florida Supreme Court justices, each serving staggered six-year terms, with a mandatory retirement age of 75. Justices don't face opponents on the ballot but are retained or dumped by voters. There is only one justice on your November ballot, and whew, he's a doozy.

Shall Justice Carlos G. Muñiz of the Supreme Court be retained in office? — NO Muñiz, age 51, was appointed by Gov. Ron DeSantis on Jan. 22, 2019. Before that he was former Attorney General Pam Bondi's chief of staff. After Bondi took $25,00 from Donald Trump, Muñiz defended the office's decision not to investigate Trump University. On the 2020 Florida Bar Merit Retention Poll, only 63 percent of in-state Bar members with "considerable knowledge" of Muñiz feel he should be retained. Orlando Sentinel's Scott Maxwell delivered a massive takedown of Muñiz on Oct. 4, and it's worth a read.

FIFTH DISTRICT COURT OF APPEAL

None of these judges have done anything to merit strong opposition this year, so vote any way you like; they'll almost certainly all be retained. Below are their 2020 Florida Bar Merit Retention Poll results, taken in August among respondents with "considerable knowledge" of each judge. 3(13)

Shall Judge Kerry I. Evander of the Fifth District Court of Appeal be retained in office? Appointed by Jeb Bush in 2006 In-state Bar members with "considerable knowledge" voting to retain: 86 percent

Shall Judge Jamie Grosshans of the Fifth District Court of Appeal be retained in office? Appointed by Rick Scott on Sept. 14, 2020 Bar members with "considerable knowledge" voting to retain: 66 percent (tied for lowest among the 5th Circuit) Despite her low score in the Florida Bar Merit Retention Poll, Gov. DeSantis chose to appoint Judge Grosshans to the Florida Supreme Court in September.

Shall Judge John M. Harris of the Fifth District Court of Appeal be retained in office? Appointed by Rick Scott July 27, 2018 Bar members with "considerable knowledge" voting to retain: 81 percent

Shall Judge Richard B. Orfinger of the Fifth District Court of Appeal be retained in office? Appointed by Jeb Bush in 2000 Bar members with "considerable knowledge" voting to retain: 87 percent (the highest of the 5th Circuit)

Shall Judge Meredith Sasso of the Fifth District Court of Appeal be retained in office? Appointed by Rick Scott on Jan. 7, 2019 Bar members with "considerable knowledge" voting to retain: 66 percent (tied for lowest among the 5th Circuit)

Shall Judge F. Rand Wallis of the Fifth District Court of Appeal be retained in office? Appointed by Rick Scott on May 29, 2013 Bar members with "considerable knowledge" voting to retain: 82 percent

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OCT. 07, 2020

WHY I’M VOTING ‘NO’ ON FLORIDA SUPREME COURT JUSTICE CARLOS MUÑIZ | COMMENTARY (BACK) https://www.orlandosentinel.com/opinion/scott-maxwell-commentary/os-op-vote-no-carlos- muniz-supreme-court-scott-maxwell-20201007-xrpvcr444bfojfw4i5ky465kn4-story.html

By SCOTT MAXWELL

ORLANDO SENTINEL

I’ve written columns for this newspaper for nearly two decades and never before recommended voters kick a justice off the Florida Supreme Court.

Today I am. 3(14)

All of us will be asked to vote on whether one judge — Justice Carlos Muñiz — should keep his seat on the state’s highest court. I’ll be voting no.

Why? Partly because his own peers in the legal profession say he does a lousier job than most judges. In this year’s merit-retention survey from the Florida Bar, Muñiz posted the lowest rating (71%) of any judge at any level in the state.

By comparison, Bar members gave the only Supreme Court justice up for retention two years ago, conservative jurist Alan Lawson, an 87% rating. (I also gave Lawson a hearty recommendation that year.)

Also, the lawyers who said they had the most direct experience with Muñiz gave him an even lower score (63%). In other words: The better lawyers knew him, the less they thought of his judicial abilities.

But that’s not really my main concern about Muñiz. Instead, my concerns stem from watching his actions as a political operative as he clawed his way up Florida’s political ladder. (He had no judicial experience when Gov. Ron DeSantis put him on the state’s highest court last year.)

He was former Attorney General Pam Bondi’s chief of staff. And whenever Bondi made headlines for another scandal or controversy, Muñiz’s name seemed to be involved.

Sometimes in small-but-unseemly ways — like when Bondi was caught trying to reschedule a convicted killer’s execution, so that she could attend a campaign fundraiser. Muñiz’s name popped up with regard to the rescheduling requests.

And sometimes in big and troubling ways — like Muñiz’s role in the ousting of two of the state’s top mortgage-fraud investigators.

Veteran Floridians may remember that 2011 story. It made national news. (See: “Lawyers fought corruption, then lost their jobs”)

The two attorneys, June Clarkson and Theresa Edwards, had earned widespread acclaim for defending Floridians who were being unfairly kicked out of their homes. The duo uncovered fraudulent documents, forged signatures and even fictional bank officers.

The two lawyers earned rave performance reviews from Bondi’s own office for their work .. until some of the companies they were investigating complained … and Bondi’s office forced the investigators out.

Muñiz provided the explanation for their ousting just a few weeks after “60 Minutes” heralded the duo’s courageous work. Among his gripes: The two didn’t show enough “professionalism to opposing counsel.”

Forget the victims. The bad guys' lawyers were griping. So the two investigators had to go.

Then came Bondi’s most infamous scandal — when the Sentinel revealed that her office had decided not to pursue accusations that then-businessman Donald Trump was running a scam “university” or “institute” in Florida … after Bondi took a $25,000 campaign check from Trump. 3(15)

In this Aug. 24, 2016 file photo, Republican presidential candidate Donald Trump walks in the rain with Florida Attorney General Pam Bondi as they arrive at a campaign rally in Tampa, Bondi's office decided not to pursue customer complaints against Trump's business while the attorney general in New York did ... and netted $25 million for people who said they were cheated. Bondi took $25,000 in campaign money at the time. Her chief of staff, Carlos Muniz, defended that decision ... and then got a job in the Trump administration.

Public records showed Muñiz was part of the email chains discussing the office’s inaction. And Muniz helped prepare a fact sheet for reporters to try to justify the decision.

Meanwhile, the attorney general in New York took action on similar complaints — including some from Florida — and netted a $25 million settlement for victims.

So to recap: Two prosecutors received complaints from people who claimed they got scammed by a get-rich-quick seminar. The New York prosecutor pursued the complaints and netted $25 million for victims. The other, in Florida, did not pursue the complaints — but cashed a $25,000 campaign check for herself.

And Muñiz defended the latter … and then got a job with the Trump administration working for the Department of Education.

And now he wants my stamp of approval? No thanks.

I will give Justice Muñiz some credit for penning the recent unanimous opinion that told DeSantis he wasn’t allowed to appoint an unqualified justice to the Supreme Court … though that’s sort of a low bar. The court basically said: Hey governor. You took an oath to uphold the constitution. You must do so.

This is the question before Florida voters regarding the Supreme Court. Should Carlos Muniz, who was appointed with no judicial experience after being involved with controversies at Pam Bondi's office, be retained?

Muñiz’s name won’t be the only judge you'll see on your ballot. You’ll also be asked whether five judges on this district’s court of appeal — the last stop before the Florida Supreme Court — should keep their seats.

I haven’t watched their careers as closely. So, I won’t presume to offer insight on whether they should stay. But I can direct you to the Bar’s merit-retention survey on them as well at 3(16) flabar.org and tell you that one of them — Meredith Sasso — received a relatively low score as well.

Oh, and here’s one last reality: None of these judges will lose their seats. It’s virtually guaranteed. No Florida judge ever has. These ballot questions are often overlooked.

So, I don’t suffer any delusions that my thoughts on this one race will make any meaningful difference.

But if the state is going to ask me what I think about this Supreme Court justice, I can tell you I’ve watched him in action long enough to know this is an easy “No” vote from me. [email protected] ------

Oct. 6, 2020

ELECTION 2020: JUDICIAL RETENTION ELECTIONS (BACK) https://www.ocala.com/story/news/2020/10/06/election-2020-judicial-retention- elections/5823812002/

Ocala Star Banner

Judges from the 5th District Court of Appeal, whose jurisdiction includes Marion County, and one justice from the Florida Supreme Court are standing for merit retention during this election cycle.

In Florida, appellate and state Supreme Court judges are appointed by governors to six- year terms. The jurists stand for merit retention — an up or down vote — within a year of appointment, and then every six years. They don’t run against any challengers; voters simply decide to retain or not retain.

To help voters, the Florida Bar conducted a survey of attorneys who have knowledge of the judges who are standing for merit retention. The Bar explains the survey process this way:

“For this poll, a ballot was mailed in August to all lawyers residing and practicing in Florida asking whether the incumbent appeals court jurists should be retained. Lawyers taking part in the poll were asked to consider eight attributes: quality and clarity of judicial opinions; knowledge of the law; integrity; judicial temperament; impartiality; freedom from bias/prejudice; demeanor; and courtesy.

“The Bar sent out 78,405 ballots to in-state members in good standing; 3,626 lawyers participated. Only responses by lawyers saying they had considerable or limited knowledge of the judges are included in the poll results.”

For more information, visit https://www.floridasupremecourt.org/Justices/Merit-Selection- Retention-Retirement and https://www.floridabar.org/public/faircts/votes010/#retention

FLORIDA SUPREME COURT 3(17)

Florida Supreme Court justices serve six-year terms and stand for statewide merit retention election. The court is based in Tallahassee and handles cases from throughout Florida. Justices are paid $227,218 per year.

Carlos Muniz Law school: Yale Tenure on the court: Appointed in January 2019 Appointed by: Gov. Ron DeSantis Previously: Private practice; general counsel, U.S. Department of Education; deputy attorney general and chief of staff to Florida Attorney General Pam Bondi; deputy chief of staff and counsel in the Office of the Speaker of the Florida House of Representatives; general counsel of the Department of Financial Services; deputy general counsel to Gov. Jeb Bush. Florida Bar survey results: 71% of respondents recommend retention

5th DISTRICT COURT OF APPEAL The job The 5th District Court of Appeal is based in Daytona Beach and handles appeals from Florida's 9th Judicial Circuit (Orange and Osceola counties), 7th Judicial Circuit (Volusia, Flagler, Putnam and St. Johns counties), 5th Judicial Circuit (Lake, Marion, Sumter, Citrus and Hernando counties) and 18th Judicial Circuit (Brevard and Seminole counties.) Judges serve six-year terms and stand for merit retention election in the counties within the court's jurisdiction. Judges are paid $174,641 per year. Kerry I. Evander Law school: University of Florida Tenure on the court: Serving since July 2006 Appointed by: Gov. Jeb Bush Previously: Circuit judge, county judge, law professor, private practice Florida Bar survey results: 86% of respondents recommend retention Jamie Grosshans In September, Grosshans was appointed to the Florida Supreme Court. John M. Harris Law school: Florida State Tenure on the court: Appointed in July 2018 Appointed by: Gov. Rick Scott Previously: Circuit judge, county judge, private practice Florida Bar survey results: 81% of respondents recommend retention Richard B. Orfinger Law school: University of Florida Tenure on the court: Serving since 2000 Appointed by: Gov. Jeb Bush Previously: Circuit judge, prosecutor, private practice Florida Bar survey results: 86% of respondents recommend retention Meredith Sasso Law school: University of Florida Tenure on the court: Serving since January 2019 3(18)

Appointed by: Gov. Rick Scott Previously: Private practice, Office of the General Counsel in administration of Gov. Rick Scott Florida Bar survey results: 73% of respondents recommend retention Rand W. Wallis Law school: Stetson Tenure on the court: Serving since 2013 Appointed by: Gov. Rick Scott Previously: Circuit judge, prosecutor, private practice Florida Bar survey results: 81% of respondents recommend retention Contact Jim Ross at [email protected]

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Oct. 4, 2020

KNOW YOUR BALLOT: A VOTER'S GUIDE TO NOV. 3 ELECTION (BACK) https://www.chronicleonline.com/news/elections/know-your-ballot-a-voters-guide-to-nov-3- election/article_9710fe94-0320-11eb-9e72-235a9ddaafd6.html

Citrus County Chronicle By Mike Wright

...... 6. Supreme Court justice; Fifth District Court of Appeal judges

Ah, the merit retention of Florida Supreme Court and court of appeal judges. Why, we are asked every two years, is this on the ballot? How can we find out about these people?

Well, it’s on the ballot because voters in 1976 amended the Florida Constitution to allow for merit retention of justices and appellate judges. Simply: They’re appointed to office for six years by the governor and voters decide to retain them or not. Newly appointed justices go before voters after two years; if retained, they then go on the ballot for retention every six years.

As for trying to determine whether the justice or judges should be retained, a great resource is the Florida Bar (www.floridabar.org), which has a voters guide on the judicial retention candidates. Particularly helpful is a poll of Florida Bar members that asks if each justice or judge should be retained. Based on those results, respondents recommended retention for Justice Carlos Muñiz, and Fifth District Court of Appeal judges Kerry Evander, Jamie Grosshans, John Harris, Richard Orfinger Meredith Sasso and F. Rand Wallis. (Note: Gov. Ron DeSantis appointed Grosshans to the Florida Supreme Court, even though her name remains on the ballot for retention to the court of appeal. Her name will be on the 2022 ballot for retention to the Supreme Court.)

Justices are paid $220,600 annually; district court of appeal judges are paid $169,554.

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Sept. 26, 2020

FLORIDA SUPREME COURT, COURT OF APPEALS RETENTION (BACK) 3(19) https://www.news4jax.com/voters-guide/2020/09/26/florida-supreme-court-court-of- appeals-retention/

News 4 Jax

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, including five in the First District -- which includes Alachua, Baker, Bradford, Clay, Columbia, Duval, Hamilton, Nassau, Okaloosa, and Union counties, -- and the Fifth District -- which covers Flagler, Putnam and St. Johns counties.

Voters are being asked whether or not to retain:

Justice of the Supreme Court

Carlos G. Muniz

First District Court of Appeal

Fifth District Court of Appeal

These jurists don’t campaign for retention, but biographical information about them is compiled by The Florida Bar.

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Sept. 24, 2020

POLL RECOMMENDS RETAINING APPELLATE JURISTS - THE MARBUT REPORT (BACK) https://www.jaxdailyrecord.com/article/the-marbut-report-poll-recommends-retaining- appellate-jurists

By Max Marbut, Associate Editor Jacksonville Daily Record

Members of The Florida Bar support keeping a state Supreme Court justice and all 1st DCA judges on the bench.

A poll of Florida Bar members regarding the merit retention elections of one state Supreme Court justice and 24 appellate court judges, including the six who represent Northeast Florida, indicates support for all to be retained.

The confidential poll sought to find whether attorneys who know the most about the jurists believe they should continue in their jobs. 3(20)

The retention election is on the Nov. 3 general election ballot.

“The Florida Bar offers the merit retention poll to voters to help them assess jurists on the ballot,” said Florida Bar President Dori Foster-Morales in a news release.

“While voters may be familiar with the circuit and county court judges and judicial candidates in their area, the work of these appeals judges is generally not as well known. So, we ask Florida Bar members who know them best to give their opinion.”

For the state Supreme Court, poll results indicate support for retention of:

• Justice Carlos Muñiz by 71%.

For the 1st District Court of Appeal retention election that will be on the ballot in Clay, Duval and Nassau counties, poll results indicate support for retention of:

• Judge Joseph Lewis Jr. by 84%. • Judge Scott Makar by 80%. • Judge Rachel Nordby by 71%. • Judge Tim Osterhaus by 76%. • Judge Clay Roberts by 80%. • Judge Adam Tanenbaum by 74%. • Judge Adam Tanenbaum by 74%.

The 1st DCA comprises Alachua, Baker, Bay, Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, Union, Wakulla, Walton and Washington counties.

It includes judicial circuits 1, 2, 3, 4, 8 and 14.

For the poll, a ballot was mailed in August to all lawyers residing and practicing in Florida asking whether the incumbent appeals court jurists should be retained.

The Bar sent 78,405 ballots and 3,626 lawyers participated.

Florida law requires state Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections within the first year of appointment, and then every six years, for voters to determine whether they should remain on their courts.

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September 18, 2020

FL BAR MEMBERS GIVE HIGH MARKS TO CARLOS MUÑIZ, OTHER APPEALS JUDGES UP FOR MERIT RETENTION (BACK) https://www.floridaphoenix.com/blog/fl-bar-members-give-high-marks-to-carlos-muniz- other-appeals-judges-up-for-merit-retention/

Florida Phoenix#TOC_Home By Michael Moline 3(21)

Florida attorneys expressed confidence in appellate judges subject to merit-retention votes on Nov. 3, including Florida Supreme Court Justice Carlos Muñiz, appointed to the state’s highest court by Gov. Ron DeSantis last year, in a poll of its members by The Florida Bar.

Seventy-one percent favored retaining Muñiz, while judges serving on Florida’s five district courts of appeal pulled support in the 71 percent to 90 percent range, the Bar said.

“The Florida Bar offers the merit retention poll to voters to help them assess jurists on the ballot,” Florida Bar President Dori Foster-Morales said.

“While voters may be familiar with the circuit and county court judges and judicial candidates in their area, the work of these appeals judges is generally not as well known. So we ask Florida Bar members who know them best to give their opinion.”

The organization mailed 78,405 ballots in August to lawyers living and practicing within the state, asking them to consider eight factors: quality and clarity of legal opinions; knowledge of the law, integrity, temperament, impartiality, freedom from prejudice, demeanor, and courtesy.

Only 3,626 responded, and the Bar included results from those professing considerable or limited knowledge of the judges only.

Before DeSantis appointed him, Muñiz served as general counsel to the U.S. Department of Education and had an extensive background in state government, including in the Attorney General’s Office under Pam Bondi.

Florida adopted the merit appointment and retention systems for appellate judges during the 1970s, following scandals involving members of the Supreme Court. No longer did they stand for election; judicial nominating commissions were created to screen aspiring judges and justices for appointment by the governor. They serve six year terms and then the voters get a chance either to retain or remove them.

Muñiz is up now, as the Bar explains on its merit retention website, because “newly appointed judges go on the ballot for the first time within two years after appointment.

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Aug. 27, 2020

FAQS ABOUT FLORIDA JUDGES AND JUDICIAL ELECTIONS (BACK) https://www.islandernews.com/news/faqs-about-florida-judges-and-judicial- elections/article_e7d386f4-e006-11ea-ac65-2b6712e8f079.html

Islander News

Judges make decisions on a wide range of issues large and small including traffic, small claims, landlord-tenant, personal injury, criminal, death penalty, probate, guardianship and others."

Q: What are the differences between a county judge, a circuit judge and an appellate judge?

A: In Florida, county judges and circuit judges are trial judges. 3(23)

County judges hear criminal misdemeanors – those are crimes that have possible sentences of up to one year in jail. They also hear civil cases 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. In Miami-Dade (11th Circuit) there are 20 judges in the Civil Division, 18 judges in the Criminal Division and 9 judges in the Domestic Violence Division.

Appellate Judges (on the five District Courts of Appeal) and the Florida Supreme Court review the decisions of county and circuit judges.

Q: What is a “nonpartisan” election?

A: In nonpartisan elections, candidates appear on the ballot without a reference to any political party (e.g. Democrat or Republican). Florida law requires judicial elections to be nonpartisan in order to preserve the impartiality of the judge’s decision. That applies to county, circuit, appeals and supreme Court judges

Q: Do appeals court and supreme court judges have opponents?

A: No. These judges were appointed by the governor. When they appear on the ballot voters decide if they should be retained, or not. A “YES” vote means you want the judge to remain on the court. A “NO” vote means you want the judge removed. The majority of voters decides.

Q: Do county and circuit judges have opponents?

A: Yes. Both run against opponents if there is more than one candidate for the same position. Voters have to choose one of the candidates.

Q: Are all judges elected in Florida?

A: No. Currently, county and circuit Judges are elected to six-year terms. Only if a judge retires, resigns or dies before the end of the term, the governor appoints a judge to fill the position.

The seven judges on the Florida Supreme Court and the judges of the 5 District Court of Appeals are appointed by the governor – and then run in merit retention elections where voters decide if they should stay in office.

Q: Why don’t judges campaign on platforms?

A: Judicial candidates are prohibited from making predictions and promises about issues that could arise once they are on the court because their job is to make impartial decisions that relate to the law on the case before them.

Q: Do judges have term limits?

A: No. Judges have no limits on the number of times they may be elected. However, judges may not service in Florida past the age of 75 (except upon temporary assignment).

Q: How long is the term of a judge?

A: Circuit and county judges are elected for six-year terms. To retain their seats, they must be re-elected. Judges who were appointed to county or circuit court through a vacancy must 3(24) sit for election at the end of the remainder of the appointed terms. Appellate judges, appointed by the governor, run in merit retention elections for six-year terms.

Q: Why is it important to vote in judicial elections and merit retention elections?

A: Florida requires that judges be elected (county/circuit courts) or retained (appellate/Supreme Court) by the voters, so the power over who holds these important positions rests with the voters.

Judges make decisions on a wide range of issues large and small including traffic, small claims, landlord-tenant, personal injury, criminal, death penalty, probate, guardianship and others.

Q: Can a Judge who commits unethical acts be removed from office?

A: 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.

Q: Where can I find out more about judges and their work?

A: There are several sources for that information.

Florida Bar Guide for Voters

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Aug. 10, 2020 POINT OF VIEW: FOR JUDGES RACES, FLORIDA VOTERS SHOULD TAKE ADVANTAGE OF INFORMATION AVAILABLE FROM FLORIDA BAR (BACK) https://www.palmbeachpost.com/story/opinion/columns/guest/2020/08/10/point-of-view- for-judges-races-florida-voters-should-take-advantage-of-information-available-from- fl/42197957/

Palm Beach Post GUEST WRITER: Lawrence Gordon

All too often we ignore the role judges play in our lives until (or unless) we find ourselves in front of one. Yet crucial decisions are made from the bench, and it is so Important that the best candidates be elected to serve on the judiciary. And that we don't relinquish our right to cast our ballots for the judges who will serve us.

Florida voters should be aware of important resources available to them for the upcoming state primary on August 18. On that day, 17 contested county court judge elections are being held in 12 counties and 34 circuit court judge races drew 75 candidates. Florida's judicial elections are nonpartisan and judicial codes prohibited candidates from publicly stating their positions on any issue, but in The Florida Bar Citizens Advisory Committee’s voter guide there are answers on important topics, such as why it's important to vote in judicial elections, what the qualifications are for a judicial seat and what makes someone a "good" judge.

Printed voter guides as are available at main public library branches and local offices of supervisors of elections. 3(25)

Also available online are judicial candidate voluntary statements with biographical Information, legal experience, and community work, as well as a short essay on why candidates feel they would be good judges. Additional information , including the November merit retention elections, can be found at www.floridabar.org by clicking on The Vote's in YOUR COURT link on the Bar’s home page.

As Floridians, we have the responsibility to cast our ballots for the judges we feel will best uphold the law without personal bias/prejudice. We can best fulfill our civic duty by staying informed.

Editor’s note: Gordon, vice mayor of Haverhill, is a board member of The Florida Bar’s Citizens Advisory Committee and president of the Palm Beach County Caucus of Black Elected Officials.

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JULY 22, 2020

THE FLORIDA BAR PROVIDING ELECTION GUIDE (BACK) https://www.jaxdailyrecord.com/article/the-florida-bar-providing-election-guide

Jacksonville Daily Record

By Max Marbut, Associate Editor

The online brochure has information about judicial candidates on the Aug. 18 primary ballot.

With the primary election less than a month away, The Florida Bar is providing information about judicial candidates as part of its initiative to educate Florida’s voters about elections.

Visit https://www.floridabar.org/public/faircts/votes010/ for the “Guide for Florida Voters,” a nonpartisan brochure about the courts and the role of judges; statements submitted by trial court judicial candidates; and biographies of the judges facing merit retention elections.

The guide also answers questions voters might have about merit retention and what judges do. There are links on the webpage to the Code of Judicial Conduct, biographies of the appeals court judges and one Supreme Court justice up for merit retention, and links to appellate court opinions.

The Bar printed 50,000 copies of the brochure, which is available at supervisor of elections offices throughout the state and many public libraries.

Copies are available to civic groups. Email [email protected] to request copies.

A Spanish version is available online and printed copies will be distributed by members of Florida’s Hispanic voluntary bars.

Election dates are Aug. 18 for the primary election and Nov. 3 for the general election. All county and circuit judicial races appear on the primary ballot, with runoffs in November, if needed.

The merit retention vote is on the November ballot. County Court Races 2020 Primary Att. 4

Florida County Judicial Race Outcomes

Aug. 18, 2020, Primary

Posted statement R = Runoff W = Winner

Races Decided on Aug. 18 whether they listed statements or not Races Going to Runoffs

Bay County, Group 1 W Judge Timothy Campbell (57.5 %) Nassau County, Group 1 Hoot Crawford (42.5 %) Hendry County Court, Group 1 Jan Carver (22.6%) W Darrell R. Hill (67.05%) R Joseph Cascone (25.5%) Broward County, Group 22 Richard K. Sullivan (32.95%) R Jenny Higginbotham Barrett (29.5%) W Allison Gilman (65.4%) Harrison Poole (22.4%) Casey Mills (34.7 %) Hillsborough County, Group 7 Nancy L. Jacobs (24/6%) Palm Beach County, Group 12 Broward County, Group 27 R Monique Scott (25.1%) Jaianna Seaborn (30.2%) W Judge Phoebee Francois (71.5%) Rickey Silverman (12/4%) W Debra Moss Stephens (69.9 %) Jacob E. Segal (28.5%) R Bill Yanger (37.8%) Pasco County, Group 5 Broward County, Group 31 Manatee County, Group 4 W Joseph F. Justice (51.1%) W Natasha DePrimo (67.3%) R Melissa Gould (30.9%) Catherine “Catie” Mansfield (48.9%) Roseanna Bronhard (12.6%) Connie Mederos Jacobs (21.9%) Sean William Conway (20.1%) Christopher M. Pratt (23.5% Seminole County, Group 6 R Kristy Zinna (23.7%) W Wayne Culver (53.61%) Duval County, Group 1 Jessica Damoth (46.39%) W Scott Mitchell (58.6%) Miami-Dade County, Group 9 Isaac East (41.4%) Judge Joseph J. Mansfield (49%) Volusia County, Group 6 W Miguel Mirabal (51%) W Judge Chris Miller (58.3%) Duval County, Group 6 Nora H. Hall (41.7%) W Rhonda Peoples-Waters (58.1 %) Miami-Dade County, Group 24 Judge Erin Perry (41.9%) W Judge Christine Bandin (76.7%) Shaun Spector (23.3%) Att. 5 (1-2)

Florida Circuit Judicial Race Outcomes

Aug. 18, 2020, Primary

Posted statement R = Runoff W = Winner

Races Decided on Aug. 18 whether candidates posted statements or not Races Going to Runoffs

2nd circuit, Group 4 7th Circuit, Group 14 11th Circuit, Group 55 R Tiffany Baker (36.3 %) Maryellen Osterndorf (29.4 %) Olanike “Nike” Adebayo (49.1 %) R Amanda Wall (23.7 %) R Joan Anthony (33.7 %) W. Joe Perkins (50.9 %) Nina Moody (21.6 %) R Dan Hilbert (36.9 %) Pete Williams (18.5 %) 11th circuit, Group 57 7th Circuit, Group 27 Carmen Cabarga (58.8%) 2nd circuit, Group 16 Judge Bryan Robert Rendzio (47.8%) Roderick “Rod” Vereen (41.9%) Judge Angela Dempsey (71.3 %) Alicia Washington (52.2%) Kevin Alvarez (28.7 %) 11th Circuit, Group 65 9th Circuit, Group 1 W Denise Martinez-Scanziani (51.2 %) Rhiannon Arnold (45.8 %) 5th circuit, Group 22 Judge Thomas J. Rebull (48.8 %) W Mikaela Nix (54.2 %) Judge George Angeliadis (48.7 %) W Pam Vergara (51.3 %) 11th Circuit, Group 67 9th Circuit, Group 21 W Judge Mavel Ruiz (55 %) Judge Alan Apte (48.7 %) 6th Circuit, Group 28 Marcia Giordano Hansen (45 %) W Christy Collins (51.3 %) Evan Frayman (46.96 %) W. Eva Vergos (53.04 %) 11th Circuit, Group 75 9th Circuit, Group 34 W Rosy Aponte (56.7 %) W Mike Kraynick (58.9 %) 6th Circuit, Group 44 Judge Dava J. Tunis (43.3 %) Amrita Singh (41.1 %) W. Elizabeth “Liz” Jack (53.5 %) Ashley Ward-Singleton (46.5 %) 13th Circuit, Group 9 9th Circuit, Group 39 W Kelly Ayers (50.4 %) W Vincent Falcone (62.3 %) John Schifino (49.7 %) 7th Circuit, Group 6 Mark Van Valenburgh (37.7) Anna Handy (44.5 %) Judge Mike Orfinger (55.5 %) 5(2)

13th Circuit, Group 19 15th Circuit, Group 30 W Judge Michael J. Scionti (62.8 %) R Judge Jamie Goodman (36.5 %) 17th Circuit, Group 50 Ashley Ivanov (37.2 %) R Adam Myron (31.8 %) W Linda A. Alley (55.9 %) Caryn Siperstein (31.7 %) Judge Vegina Hawkins (44.1 %) 13th Circuit, Group 30 Danny Alvarez (45.5%) 18th Circuit, Group 15 Helen Daniel (54.5%) 17th Circuit, Group 16 Judge Tesha Scolaro Ballou (63.3 %) R Dennis Daniel Bailey (36.4 %) Michael Bross (36.7 %) 13th Circuit, Group 31 Abbe Sheila Rifkin Logan (23.4 %) 18th Circuit, Group 18 Scott Bonavita (22 %) R Judge George Odam Jr. (40.2 %) Steve Henderson (74.8 %) Gary Dolgin (24.2 %) Michael Peacock (26.3 %) W Greg Green (53.8 %) 17th Circuit, Group 18 W Judge Patti Englander Henning (66 18th Circuit, Group 21 th 13 Circuit, Group 39 %) W Donna M. Goerner (59.6 %) W Wendy Joy DePaul (52.1 %) Kristin Weisberg Padowitz (34 %) Marc Jones (40.5 %) Judge Steven Scott Stephens (47.9) 17th Circuit, Group 27 18th Circuit, Group 25 th 15 Circuit, Group 16 Meredith Chaiken-Weiss (31.9 %) W Sam Bookhardt (70.8 %) W Judge Jeffrey Gillen (61.3 %) Matthew Isaac Destry (15.3 %) Oscar A. Hotusing (29.2 %) Henry Quinn Johnson (38.2 %) W Judge Frank David Ledee (52.8 %) 19th Circuit, Group 11 th 17 Circuit, Group 30 W Judge Victoria L. Griffin (66.4 %) Judge Dale C. Cohen (51.2%) Louis “Lou” Larsen (33.6 %) Ian Richards (48.8%) Att. 6

Circuit and County Court Results from the Nov. 3 General Election Posted statement W = Winner

Circuit Court Election Results

2nd circuit, Group 4 W Tiffany Baker (58.76 %) Amanda Wall (41.24 %) Nina Moody Lost in the primary Pete Williams Lost in the primary

7th Circuit, Group 14 Maryellen Osterndorf Lost in primary W Joan Anthony (56.74 %) Dan Hilbert (43.26 %)

15th Circuit, Group 30 W Judge Jamie Goodman (59.17 %) Adam Myron (40.83 %)

17th Circuit, Group 16 Dennis Daniel Bailey (49.93 %) Abbe Sheila Rifkin Logan Lost in primary W Judge George Odom Jr. (50.07)

County Court Election Results Hillsborough County, Group 7 Nancy L. Jacobs Lost in primary W Monique Scott (55.18%) Rickey Silverman Lost in primary Bill Yanger (44.82%)

Manatee County, Group 4 W Melissa Gould (60.94%) Connie Mederos Jacobs Lost in primary Christopher M. Pratt Lost in primary Kristy Zinna (39.06%)

Nassau County, Group 1 Jan Carver Lost in primary Joseph Cascone (41.04%) W Jenny Higginbotham Barrett (58.96) Harrison Poole Lost in primary Att. 7 The Florida Bar SACHSMEDIA Communications Dashboard G R O U P

Sep 1, 2020 - Nov 3, 2020 ▼ 2020 Election Pages

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Page Title Views ▼ Merit Retention Poll 74,167

The Vote’s in YOUR COURT 59,007

Florida lawyers rate jurists facing retention vote 51,729

2020 Merit Retention Election 47,746

Guide for Florida Voters 30,447

Judicial Elections 2020 19,054

Florida Circuit Court Elections 2020 7,920

Florida County Court Elections 2020 4,360

FLORIDA BAR POLL SHOWS SUPPORT FOR APPELLATE JUDGES IN UPCOMING MERIT RETENTION ELECTIONS 2,170

Justice Muñiz, 24 DCA judges on merit retention ballot; 52 circuit, county court races to be decided 1,762

Deadline to respond to the Bar’s 2020 merit retention poll is September 8 602

The Vote’s in Your Court: Resources for voters on judicial candidates now available on the Florida Bar’s website 502

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