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

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 retained. Results showed recommendations for retention ranging from 90 percent to 71 percent approval. The confidential poll seeks to find whether attorneys who know the most about these jurists believe they should continue in their jobs. The retention election is on the ballot in the Nov. 3 general election.

“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. “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.”

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 of voters decides.

Frequently asked questions about merit retention, the biographies of the judges who will be on the ballot, and these poll results are available at www.floridabar.org in The Vote’s in Your Court section linked from the homepage. A voter guide posted there also includes FAQs on trial court elections and voluntarily submitted self-disclosure statements of those in run-offs on November’s ballot.

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. The survey was voluntary and does not represent a scientific sampling of Bar members.

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

Carlos G. Muñiz by 71 percent.

For the 1st District Court of Appeal, poll results indicate support for retention of:

Joseph Lewis, Jr. by 84 percent.
Scott Makar by 80 percent.
Rachel Nordby by 71 percent.
Tim Osterhaus by 76 percent.
Clay Roberts by 80 percent.
Adam S. Tanenbaum by 74 percent.

The 1st DCA covers the counties of 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. It includes judicial circuits 1, 2, 3, 4, 8 and 14.

For the 2nd District Court of Appeal, poll results indicate support for retention of:

Drew Atkinson by 76 percent.
Morris Silberman by 90 percent.
Daniel H. Sleet by 85 percent.
Andrea Teves Smith by 82 percent.

The 2nd DCA covers Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk and Sarasota counties. It includes judicial circuits 6, 10, 12, 13 and 20.

For the 3rd District Court of Appeal, poll results indicate support for retention of:

Monica Gordo by 78 percent.
Eric William Hendon by 80 percent.
Fleur Jeannine Lobree by 79 percent.
Thomas Logue by 85 percent.
Bronwyn Catherine Miller by 83 percent.

The 3rd DCA covers Miami-Dade (circuit 11) and Monroe (circuit 16) counties.

For the 4th District Court of Appeal, poll results indicate support for retention of:

Alan O. Forst by 78 percent.
Mark W. Klingensmith by 79 percent.
Martha C. Warner by 89 percent.

The 4th DCA covers the counties of Broward, Indian River, Okeechobee, Palm Beach, St. Lucie and Martin. It includes judicial circuits 15, 17 and 19.

For the 5th District Court of Appeal, poll results indicate support for retention of:

Kerry I. Evander by 86 percent.
Jamie Grosshans by 72 percent (Note: Justice Grosshans will appear on the ballot as a judge for the 5^th District Court of Appeal, but she has been appointed by Gov. Ron DeSantis to serve on the Florida Supreme Court and will not be in a merit retention election as a justice until the general election in 2022).
John M. Harris by 81 percent.
Richard B. Orfinger by 86 percent.
Meredith Sasso by 73 percent.
F. Rand Wallis by 81 percent.

The 5th DCA encompasses Brevard, Citrus, Flagler, Hernando, Lake, Marion, Orange, Osceola, Putnam, Seminole, St. Johns, Sumter and Volusia counties. It includes judicial circuits, 5, 7, 9 and 18.

Elections Services Co. of Hauppauge, N.Y., conducted the poll for The Florida Bar.  Since 1989, ESC has conducted thousands of elections for unions, stockholders, credit unions, membership organizations, universities, and trade and professional organizations. All ballot votes were confidential, with no identification of the voters attached.

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About The Florida Bar
Founded in 1949, The Florida Bar serves the legal profession for the protection and benefit of both the public and all Florida lawyers. As one of the nation’s largest mandatory bars, The Florida Bar fosters and upholds a high standard of integrity and competence within Florida’s legal profession as an official arm of the Florida Supreme Court. To learn more, visit FloridaBar.org.