JP Election Brief: Primary previews and a 19-person race
The JP Election Brief | |
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| Pulling back the curtain on the drama of judicial elections | |
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| In this issue... | |
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August 21, 2014
| With the Florida primary days away, now is the time to learn about the candidates on the ballot. There are numerous contested races, and the actions of some candidates are still making headlines. While Florida gets ready for its primary, most other states are gearing up for the general election in November. There are 19 hopeful contenders for a race in North Carolina, and some interesting situations are brewing in Ohio as well. | ||
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Florida primary election preview
The upcoming Florida judicial primary is a big deal for many in that state. Over 100 candidates will face contested elections on August 26, 2014, and anyone of them who receives over 50% of the votes will be elected without having to run in November. This makes the primary especially key for races with only two candidates. Those races are indicated by an asterisk in the table below.
| Competitive Florida judicial primary races August 26, 2014 | ||
|---|---|---|
| Court | Candidates | Counties |
| *4th Circuit, Group 27 | Anthony Paul Penoso Mike Sharrit | Duval and Nassau |
| 5th Circuit, Group 3 | Sandy K. Kautz Mary P. Hatcher Denise A. Dymond Lyn Bo Samargya | Citrus, Hernando, Lake, Marion and Sumter |
| *6th Circuit, Group 1 | Susan St. John Laura Snell | Pasco and Pinellas |
| 6th Circuit, Group 2 | Alicia Polk Ken Lark Alan Scott Rosenthal | Pasco and Pinellas |
| *6th Circuit, Group 16 | Kimberly Sharpe Brian Battaglia | Pasco and Pinellas |
| *6th Circuit, Group 21 | Phil Matthey Amanda Colon | Pasco and Pinellas |
| *6th Circuit, Group 35 | Jon Newlon Bruce Boyer | Pasco and Pinellas |
| *11th Circuit, Group 16 | Thomas Aquinas Cobitz Stephen Thomas Millan | Miami-Dade |
| *11th Circuit, Group 26 | Rodney Smith Christian Carrazana | Miami-Dade |
| *11th Circuit, Group 27 | Mary C. Gomez Alberto Milian | Miami-Dade |
| *11th Circuit, Group 58 | Oscar Rodriguez-Fonts Martin Zilber | Miami-Dade |
| *11th Circuit, Group 67 | Mavel Ruiz Fleur J. Lobree | Miami-Dade |
| *11th Circuit, Group 70 | Veronica Diaz Renier de la Portilla | Miami-Dade |
| 13th Circuit, Group 8 | Carl C. Hinson John Dingfelder Barbara Twine Thomas | Hillsborough |
| *13th Circuit, Group 19 | Michael Scionti Michael John Brannigan | Hillsborough |
| *13th Circuit, Group 20 | Karen Stanley Laura Ward | Hillsborough |
| 13th Circuit, Group 34 | Robert Bauman (Florida) Melissa Polo Constance Daniels | Hillsborough |
| *15th Circuit, Group 14 | Diana Lewis Jessica Ticktin | Palm Beach |
| 15th Circuit, Group 30 | Peggy Rowe-Linn Maxine Cheesman Jaime Goodman | Palm Beach |
| *17th Circuit, Group 8 | Frantz Jahra McLawrence Lynn Rosenthal | Broward |
| 17th Circuit, Group 16 | Russell Thompson Rhoda Sokoloff Dennis Bailey Andrea Ruth Gundersen | Broward |
| *17th Circuit, Group 17 | Stacey Schulman Julie Shapiro Harris | Broward |
| *17th Circuit, Group 27 | Steven B. Feren John Patrick Contini | Broward |
| 18th Circuit, Group 13 | Samuel Bookhardt III George T. Paulk Christina Sanchez | Brevard and Seminole |
| *18th Circuit, Group 14 | Brooke Deratany Goldfarb Robin Lemonidis | Brevard and Seminole |
| 18th Circuit, Group 19 | Susan Stacy Mitch Krause Donna M. Goerner | Brevard and Seminole |
| 18th Circuit, Group 23 | Nancy Maloney Maurice Arcadier John Moser | Brevard and Seminole |
| *20th Circuit, Group 3 | Robert Branning Mary Evans | Charlotte, Collier, Glades, Hendry and Lee |
| *20th Circuit, Group 16 | Steven S. Leskovich Amy R. Hawthorne | Charlotte, Collier, Glades, Hendry and Lee |
| *Brevard County, Group 3 | Michelle V. Baker Minerva Simpson | Brevard |
| *Brevard County, Group 8 | Benjamin B. Garagozlo Oscar Hotusing | Brevard |
| Broward County, Group 27 | Jonathan Kasen Ian Richards Claudia Robinson | Broward |
| *Broward County, Group 18 | Ellen Feld Mark W. Rickard | Broward |
| *Collier County, Group 4 | Sal Bazaz Robert L. Crown | Collier |
| *Dixie County, Group 1 | Jennifer J. Ellison Cynthia S. Munkittrick | Dixie |
| *Hillsborough County, Group 12 | Chris Nash Norman S. Cannella, Jr. | Hillsborough |
| Miami-Dade County, Group 19 | Jacqueline Schwartz Rachel Glorioso Dooley Frank C. Bocanegra | Miami-Dade |
| *Miami-Dade County, Group 36 | Victoria Ferrer Nuria Saenz | Miami-Dade |
| Orange County, Group 10 | Tina Caraballo Kenneth A. Barlow, Jr. Blaine McChesney | Orange |
| *Orange County, Group 15 | Brian Duckworth Will Jay | Orange |
| Seminole County, Group 6 | Sandra Rivera Jerri L. Collins Alex Finch | Seminole |
| *St. Lucie County, Group 2 | Stephen Smith Philip J. Yacucci | St. Lucie |
| St. Lucie County, Group 4 | Albert B. Moore Roseanna Bronhard Kathryn Nelson Leonard S. Villafranco | St. Lucie |
| *Volusia County, Group 10 | Peter A.D. McGlashan Angela Dempsey | Volusia |
Impartiality v. Perception: A campaign promise retracted prior to election
Florida Fifteenth Circuit Court candidate Peggy Rowe-Linn recently pledged to support a constitutional amendment making all abortions illegal in the state, no matter the underlying circumstances leading to the pregnancy. She is one of 300 judicial candidates in Florida who signed the pledge. Rowe-Linn is making headlines, however, because she is now backing away from that pledge because of questions concerning her impartiality regarding the pro-life issue.
Rowe-Linn released a statement on her decision to take back her pledge:
| “ | "I am a practicing Catholic and personally pro-life; however, I am and have always been completely tolerant of diverse positions contrary to my own...After careful and thoughtful reflection, I am retracting my affirmation. This is to avoid any mistaken impression concerning my impartiality. My personal beliefs remain unchanged."[1] | ” |
Rowe-Linn has not hidden her closely held Catholic faith from voters or her opponents. She completed candidate questionnaires that were published in which she discussed the importance of her faith in all areas of her life.
The group asking candidates to sign the pledge, the Personhood FL ProLife PAC, said some of the judicial candidates they contacted refused to sign the pledge, citing a canon of judicial conduct as the reason. Canon 7 requires that a judge or judicial candidate may not make any statements that could be construed as committing him or herself to a certain stance prior to a case being heard in the courtroom. However, as Michael Schneider of Florida's Judicial Qualifications Commission points out, "the hallmark of the judicial position is impartiality – that you give everybody a fair shake and you don't predetermine your ruling on something."[2] Schneider acknowledges that this need for impartiality in judges, and judicial candidates, is in conflict with a candidate's right to speak freely and express their stance on the issues.
Some question whether any judicial candidate signing the pro-life pledge violates any rules, canons, or ethical guidelines put in place by the Florida Bar, the agency that governs lawyers running for judicial seats in Florida. A Bar spokesperson indicated that signing the pledge supporting an organization or group is not a canon violation, but the Bar would look at each case individually rather than provide a general opinion on the matter. Investigations may be forthcoming based upon this response by the Bar.
Rowe-Linn's opponents, Jaime Goodman and Maxine Cheesman, both questioned the wisdom of signing such a pledge given the need for judicial impartiality on the bench. Goodman said that "[he] believe[s] it's conduct barring [Rowe-Linn] from being the impartial judge that the Palm Beach County community deserves."[2] Cheesman thinks the real issue is more than whether Rowe-Linn can be impartial; it is whether litigants believe she is impartial when they appear before her in court. "There has to be that appearance of impartiality because when someone comes before you, if they think you have preconceived notions, they're not going to feel they're being heard fairly. It might just be a perception, but perception is very important as well."
Rowe-Linn made an appeal to voters to not base who they vote for on the candidate's personal beliefs. In her statement, she said: "[p]ersonal opinions or lifestyle should not be a deciding factor in who becomes a judge. Qualifications, a sense of justice and integrity should decide." Voters will get to make that decision very soon; the Florida primary is next week.[2]
Two challengers face incumbent in Seminole County judicial election
| Every Thursday, Judgepedia's State Courts Staff highlights interesting events in the world of judicial elections across the nation. Make sure to use Judgepedia's Election Central the rest of the week as a hub for all your judicial election needs. |
Jerri L. Collins, judge for the Seminole County Court in Florida, will be faced with two challengers in the primary on August 26. Sandra Rivera and Alex Finch will challenge the sitting judge who has been on the bench for eight years.[3] Her challengers have one thing in common; they both filed for bankruptcy.[4]
Jerri L. Collins, originally from southern Illinois, obtained a B.A. from Eastern Illinois University and earned her J.D. from Mercer University. She moved to Longwood, Florida in 1990 to marry her husband, Mike Pinnock. After being admitted to the Florida Bar in 1991, she began a legal career as an assistant state attorney for Seminole County. She left this job to open a private practice, but would return to the Seminole County State Attorney's office later to lead a new unit dedicated to prosecuting crimes against the elderly and disabled. In 2005, she was appointed to the Seminole County Court by Governor Jeb Bush. Speaking of his decision to appoint Collins, the Governor stated, "Your appointment is evidence of my utmost confidence in your ability to fulfill these obligations with excellence and distinction."[3]
Sandra Rivera is a solo practitioner for the Law Offices of Sandra Rivera P.A. which she founded in 2012. She graduated in 1999 from Salem College and earned her J.D. from the Florida State University School of Law in 2001. She began her legal career as an assistant state attorney for the Florida 9th Circuit Court in 2002. in 2011 she left to pursue a career in private practice.[5] She is a member of the Orange County Bar Association and the Seminole County Bar Association, Hispanic Bar Association, and also serves as a volunteer guardian ad litem for the Orange County Legal Aid Society.Cite error: Invalid <ref> tag; invalid names, e.g. too many
After graduating from Oviedo High School in 1981, Alex Finch served four years as a Russian linguist in the U.S. Army, where he was granted a top secret security clearance. After rising to the rank of sergeant he was honorably discharged in July 1985. He earned his undergraduate degree from the University of Central Florida and his J.D. from the University of Florida College of Law. As of 2014, he is currently an attorney with 20 years of experience in corporate, transactional and litigation matters.[6]
Both Rivera and Finch have filed bankruptcy in the past. Rivera filed for Chapter 7 in 2008. She and her now ex-husband Elizardi Castro listed $270,000 more in debts than in assets. The couple's marriage broke up when Castro decided to leave their criminal law practice in Orlando to pursue an acting career in Chicago. Commenting on her decision to file bankruptcy, Rivera stated, "I did it because I was in a situation where I couldn't pay the bills. I had a son. I don't think it will reflect on my ability to preside over cases."[4] Finch filed for bankruptcy in 1999 near the time he and his first wife decided to end their ten year marriage. At the time, Finch was corporate counsel for a start up company named Elite Digital Communications Inc. that went out of business after undergoing severe financial problems. Speaking of the bankruptcy, Finch said, "It wasn't anything I wanted in my life. Now, I'm 15 years down the road… and I've overcome it."[4]
Nineteen candidates compete for North Carolina Court of Appeals this November
North Carolina voters looking over their November ballots may find themselves overwhelmed when asked to choose between no fewer than nineteen court of appeals candidates.[7]
John Martin, former chief judge of the North Carolina Court of Appeals, retired on August 1—narrowly missing the spring and summer primaries that had already determined which judicial candidates would face off this fall. Under state law, any qualified candidates hoping to replace him are to instead bypass the primaries altogether and appear directly on the general election ballot.[7]
Since the law puts no limit on how many candidates may throw their hats in the ring, the fluke of timing has allowed nineteen judicial hopefuls to compete. In a race this crowded, a candidate receiving even 6% of the vote may walk away the winner, a situation which an editorial in the Raleigh News & Observer calls "laughable."[7]
Equating the election to "closing our eyes and randomly pulling a name out of a hat," the editorial expresses doubt that voters will (or can, even) diligently research each candidate and choose the best person for the job. Name recognition is often the biggest factor in judicial elections, but the sheer volume of candidates may discourage citizens from selecting a new court of appeals judge or even discourage them from voting in other relevant races on that portion of the ballot.[7]
Though rare, a situation like this is not unprecedented in states that utilize judicial elections. A number of states opt instead for a method of political appointment, perhaps with assistance from a nominating commission, to avoid scenarios where voters are asked to choose between candidates they know nothing about.[7] Judicial election advocates would argue, however, that it is a right of the people at large to determine who administers justice in their state.[8]
No Democratic candidate for face off in Mahoning County
Ohio:
Mahoning County Democrats have diminished their own chances for two seats on the 5-member Court of Common Pleas.
Judge James C. Evans, a Democrat who is retiring from the Mahoning County Court of Common Pleas because he has reached the mandatory retirement age, had previously announced that he would step down on September 1, 2014, triggering a special election to determine his successor for the remaining two years of his term. In a recent letter to Ohio Supreme Court Chief Justice Maureen O'Connor, however, Evans decided to postpone his retirement until October 1, 2014, negating the special election and allowing Governor John Kasich, a Republican, to choose who will fill the seat until the term ends in December 2016.[9]
Mahoning County Democratic Party Chairman David Betras expressed his disappointment that Democrats would not have a chance to compete for Evans' seat. "He should have let the voters decide who his replacement is," said Betras, "not the governor."[9] Evans has not publicly commented on his decision, but said in his letter to Chief Justice O'Connor that he wanted his successor "to have an extended period of time in office" before having to run in an election.[10]
Democrats dealt themselves another blow this month when their candidate for a seat on the Mahoning County Court of Common Pleas withdrew from the race, and the party failed to field another candidate by the filing deadline. Mark Anthony Hanni, a Democrat who had previously filed to run for a seat on the 7th District Court of Appeals but withdrew before the primary, also withdrew from the Mahoning County Court of Common Pleas race on July 25th, stating that he could not give the campaign "100 percent." Current Judge Maureen A. Sweeney, a Republican, will run unopposed for the seat in the general election.[10]
Betras was forced to explain his party's apparent lack of interest in the seat. "I didn't think anyone would [run]," he said. "Incumbent judges seem to always win unless their opponent can raise a lot of money."[10]
Hanni, who had made an unsuccessful bid for a seat on the court of appeals in 2012, had already angered Betras earlier this year by actively campaigning for Betras' challenger in the election for party chairman, even though such partisan activity is forbidden by the judicial code of conduct. "Mark Hanni is not a serious candidate," Betras said after Hanni's withdrawal. "He is an annoyance."[10]
Write-in candidates for the election have until August 25th to file.[10]
Big names in typically quiet probate court election
Ohio: Probate court elections are usually fairly low-key affairs. However, in Hamilton County this year, there are two well known names on the probate court ticket. Charlie Luken and Judge Ralph E. Winkler have what WVXU Cincinnati call "the most potent political last names in Hamilton County." Both have served in public offices and have ran in several elections throughout their careers. Although judicial elections in Ohio are nonpartisan, party affiliations are obvious in a race like this.[11]
Ralph Winkler, a Republican, is currently a judge on the Hamilton County Court of Common Pleas. He was first elected in 2004, and re-elected in 2010. He was previously a municipal judge for 5 years, and an assistant county prosecutor for 12. The Winkler name is familiar to voters because several of his family members have run for office as well. His father, also Ralph Winkler, was a judge on the 1st District Court of Appeals. His mother, Cheryl Winkler, was a state representative and trustee for Green Township. Robert C. Winkler is the brother of Ralph and is also a judge on the Hamilton County Court of Common Pleas. Ralph Winkler's wife Tracy is the county's clerk of courts.[11]
Charlie Luken, a Democrat, is also widely known in Hamilton County. Luken has twice served as the mayor of Cincinnati - first from 1983 to 1991, and again from 1999 to 2005. In the meantime, he was elected and served one term on congress, and then spent 6 years as an anchor on WLWT News. In 2005, he went into private practice. Like Winkler, the name Luken has been in Hamilton County politics for some time. Tom and Jim Luken, Charlie's father and uncle, both served on the city council. Tom Luken was mayor and also served on congress.[11]
The race is expected to be both competitive and expensive.
See also
Footnotes
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 2.0 2.1 2.2 Sun Sentinel, "Judicial candidate recants pledge to pro-life group," August 20, 2014
- ↑ 3.0 3.1 Jerri Collins Campaign Website, "About," accessed August 20, 2014
- ↑ 4.0 4.1 4.2 Orlando Sentinel, "Seminole County judicial race draws incumbent, two challengers," August 17, 2014
- ↑ Sandra Rivera Campaign Website, "Biography," accessed August 20, 2014
- ↑ Alex Finch Campaign Website, "Home," accessed August 20, 2014
- ↑ 7.0 7.1 7.2 7.3 7.4 Raleigh News & Observer, "Editorial: NC rules leave judgeship up to unacceptable level of chance," August 4, 2014
- ↑ American Thinker, "Should we elect judges?" May 23, 2011
- ↑ 9.0 9.1 WKBN.com, "Judge delay throws wrench into replacement process," August 1, 2014
- ↑ 10.0 10.1 10.2 10.3 10.4 Vindy.com, "Dems can’t find candidate to challenge Judge Sweeney," August 2, 2014
- ↑ 11.0 11.1 11.2 WVXU Cincinnati, "Luken vs. Winkler: This probate court race is no snoozer," August 17, 2014
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