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Kerry Evander
Kerry Evander was a judge of the Florida 5th District Court of Appeal. He assumed office in 2006. He left office on February 28, 2023.
Evander ran for re-election for judge of the Florida 5th District Court of Appeal. He won in the retention election on November 3, 2020.
Biography
Education
Evander earned his bachelor's degree from the University of Florida in 1976 and his J.D. from the University of Florida College of Law in 1980.[1]
Career
Evander serves as the Chief Judge of the Florida Fifth District Court of Appeal, a position he has held since 2018. From 1993 to 2006, he served as a circuit judge on the Florida 18th Circuit Court, where he was Chief Judge from 2005 to 2006. From 1989 to 1993, he served as a judge for the Brevard County Court. Prior to becoming a judge, he practiced law for over eight years, specializing in personal injury law. He also worked as an associate professor at the Mississippi College of Law from 1986 to 1987.[2]
- 2006-2023: Judge, Florida Fifth District Court of Appeal
- 1993-2006: Judge, Florida 18th Judicial Circuit
- 1989-1993: Judge, Brevard County Court
- 1988-1989: Attorney, Gleason, Barlow, & Evander, P.A.
- 1986-1987: Associate professor, Mississippi College of Law
- 1980-1986: Attorney, Reinman Harrell[1]
Awards and associations
Awards
- 2000: Governor/Florida Supreme Court Award for Outstanding Child Advocacy
- 1998: Williams/Johnson Outstanding Jurist Award
- 1993: Florida Council on Crime and Delinquency Outstanding Jurist Award
- Managing Editor of Law Review
- Order of the Coif[3]
Associations
- 2011-Present: Florida Judicial Qualifications Commission
- 2007-2011: Florida Judicial Ethics Advisory Committee
- 2002-2005: Florida Supreme Court Steering Committee on Families & Children in the Court
- 2000-2001: Florida Supreme Court Children's Improvement Committee
- 1999-2000: Florida Supreme Court Dependency Court Improvement Committee
- 1998 -2000: Florida Supreme Court Family Court Steering Committee
- 1995 -1997: Vassar B. Carlton American Inn of Court
- Brevard County Bar Association[3]
Elections
2020
Florida 5th District Court of Appeal
Kerry Evander was retained to the Florida 5th District Court of Appeal on November 3, 2020 with 72.3% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
72.3
|
1,681,452 | ||
No |
27.7
|
644,692 | |||
Total Votes |
2,326,144 | ||||
|
|
Campaign finance
2014
Evander was retained to the Fifth District Court of Appeal with 72.5 percent of the vote on November 4, 2014.[4]
Bar evaluation
The Florida Bar conducted a poll of its members regarding the appellate judges up for retention in 2014. 90% of respondents recommended Evander for retention.[5]
Campaign themes
2020
Ballotpedia survey responses
See also: Ballotpedia's Candidate Connection
Kerry Evander did not complete Ballotpedia's 2020 Candidate Connection survey.
Noteworthy cases
Court orders judge to disqualify himself from Zimmerman trial (2012)
In 2012, the Fifth District Court of Appeals granted a defense motion asking that George Zimmerman, charged with the fatal shooting of Trayvon Martin, be allowed a new judge to preside over his trial. The defense requested that Judge Kenneth Lester should motion to disqualify himself in the trial after Lester made "disparaging remarks about Zimmerman's character." Judges C. Alan Lawson and Jay P. Cohen ruled in favor of the defense's motion, while Judge Kerry Evander dissented. In the concurring opinion, Lawson and Cohen wrote that, on their own, many of the allegations in the motion were not legally sufficient to justify granting it, but they were when taken together. Evander wrote in his dissent that the judge's actions, while indicative of a belief that Zimmerman was trying to manipulate the system, did not rise to the level necessary to grant the defense's motion.[6]
Articles:
Court rules that priest cannot be compelled to testify about confession (2018)
In 2018, the Fifth District Court of Appeals ruled that a priest could not be compelled to testify about his conversation with a victim of sexual abuse because the conversation occurred during the Catholic sacrament of confession and that revealing any of the aspects of the discussion would violate the priest's sincerely held religious beliefs. Judges Vincent Torpy, Kerry Evander, and Richard Orfinger cited the Florida Religious Freedom Restoration Act, which requires the government to show a compelling governmental interest if interfering in the exercise of religion and demonstrate that the interference is the "least restrictive means of furthering that compelling governmental interest. The judges said that there was a compelling governmental interest in prosecuting sex offenders but disagreed that forcing the priest "to testify regarding communications that occurred during the sacrament of reconciliation, in contravention of his sincerely held religious beliefs, would be the least restrictive means to further its compelling governmental interest."[7]
Court grants developer new restitution hearing
- See also: Florida Fifth District Court of Appeal (David Weiker vs. State of Florida, 5D19-2478)
- See also: Florida Fifth District Court of Appeal (David Weiker vs. State of Florida, 5D19-2478)
The Florida Fifth District Court of Appeal granted a new restitution hearing to David Weiker, a developer who was accused of fraud. Weiker filed claims of ineffective counsel, as his lawyer did not object to the amount he was ordered to pay in restitution in his sentencing.
Court reinstates ruling on property value estimates
- See also: Florida Fifth District Court of Appeal (Darden Restaurants vs. Rick Singh, 5D16-4049)
- See also: Florida Fifth District Court of Appeal (Darden Restaurants vs. Rick Singh, 5D16-4049)
The Florida Fifth District Court of Appeal ruled in favor of a business, Darden Restaurants, which had appealed its property value estimate to the Value Adjustment Board. The board had ruled in Darden's favor, but their decision had been vacated by the lower court in favor of that of the property appraiser's assessment. The Court of Appeal ruled that the lower court had not considered a 2009 law that requires appraisers to present evidence that their assessments are conducted with accepted practices.
Court rules that association fees qualify as debts
- See also: Florida Fifth District Court of Appeal (Williams vs. Salt Springs Resort Ass'n, 5D18-3913)
- See also: Florida Fifth District Court of Appeal (Williams vs. Salt Springs Resort Ass'n, 5D18-3913)
The Florida Fifth District Court of Appeal receded from a former ruling in Bryan v. Clayton, and ruled that association fees are a form of debt. The plaintiff's name had been posted on a list of people who owed association fees to Salt Springs Resort, which the plaintiff argued counts as a form of debt and therefore cannot be posted under the Florida Consumer Collection Practices Act. The Court of Appeal reviewed rulings of federal courts, and determined that the association fees can be considered "consumer debt," as they were an obligation resulting from the purchase of the plaintiff's condominium.
See also
2020 Elections
External links
Footnotes
- ↑ 1.0 1.1 Florida Fifth District Court of Appeal, "Judge Evander Bio"
- ↑ Voting for Justice, "Chief Judge Kerry I. Evander," accessed October 10, 2020
- ↑ 3.0 3.1 Florida Fifth District Court of Appeal, "Chief Judge Kerry I. Evander," accessed October 13, 2020
- ↑ Florida Division of Elections, "Candidate Listing for 2014 General Election," accessed June 13, 2014
- ↑ The Florida Bar, "2014 Merit Retention Poll," accessed September 9, 2014
- ↑ The Florida Times-Union, "George Zimmerman's judge should be replaced, appeals court rules," August 30, 2012
- ↑ Orlando Weekly, "Florida appeals court shields priest from testifying in Orange County sexual abuse case," June 18, 2018
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