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Lanell Williams-Yulee
Lanell Williams-Yulee ran for election for judge of the Hillsborough County Court in Florida. She lost in the primary on August 28, 2018.
Williams-Yulee is a Florida defense attorney who has run for elected judicial offices multiple times. She was defeated in the race for the Group 24 seat on the Florida 13th Circuit Court in the primary election on August 30, 2016. She was previously a candidate for the Hillsborough County Court of Florida in 2010 and 2012.[1][2]
Elections
2018
There are no official candidates yet for this election.
Selection method
- See also: Nonpartisan elections
Like the circuit courts, the Florida County Court selects its judges through nonpartisan elections. County judges serve six-year terms, after which they must run for re-election if they wish to retain their seats.[3][4]
In the event of a midterm vacancy, the county courts employ the same assisted appointment method that the appellate courts use. Judges selected this way serve for at least one year, after which they must run for re-election.[5]
Qualifications
To serve on one of these courts, a judge must be:
- a qualified elector;
- a state resident;
- under the age of 75; and
- admitted to practice law in the state for five years prior to assuming the bench.
Note that this final requirement—that judges be qualified to practice law in the state for at least five years—is the one piece that breaks from the qualifications of Florida appellate judges, who need a minimum of 10 years. In counties of 40,000 people or fewer, this requirement is waived altogether.[3]
2016
Florida's 20 circuit courts all had seats up for election in 2016. Of the 151 seats up for election, 125 saw only one candidate file for the election. The unopposed races were canceled and the sole candidates were automatically elected. Of the 26 opposed races, only 10 saw more than two candidates file. Candidates who received a majority of votes cast in the primary election on August 30, 2016, won the race and did not advance to the general election. Races where no candidate receives 50 percent plus one of the votes cast required a general election on November 8, 2016, between the top two primary vote recipients. Melissa Polo and Gary Dolgin defeated Isabel Boza Sevelin and Lanell Williams-Yulee in the Group 24 primary election for Florida's 13th Circuit Court.[6]
| Florida 13th Circuit Court, Group 24 Primary Election, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
 Melissa Polo |
41.31% | 56,769 |
| Gary Dolgin |
34.53% | 47,453 |
| Isabel Boza Sevelin | 15.00% | 20,612 |
| Lanell Williams-Yulee | 9.16% | 12,595 |
| Total Votes | 137,429 | |
| Source: Florida Department of State Division of Elections, "August 30, 2016 Primary Election," accessed December 19, 2016 | ||
2012
- See also: Florida judicial elections, 2012
Williams-Yulee ran for election in a three-way primary on August 14, 2012. She was defeated by Frances Maria Perrone after receiving 9.9% of the vote.[7][1]
2010
- See also: Florida judicial elections, 2010
Williams-Yulee was defeated by Dick Greco Jr. in the primary election.[8][2]
Noteworthy events
In 2009, during her campaign for election to the Hillsborough County Court, Williams-Yulee allegedly mass-mailed a personally signed letter asking for campaign donations, and posted the letter on her website. The Florida Bar prosecuted her for violating the ban on judicial candidates soliciting campaign funds. The Florida Supreme Court found her guilty of misconduct and issued a public reprimand.[9]
The state court's verdict was appealed to the Supreme Court of the United States. The case of Williams-Yulee v. the Florida Bar, No. 13-1499, was heard on January 20, 2015.[9] Andrew J. Pincus, the lawyer for Williams-Yulee, argued that the ban on soliciting contributions infringed upon the right of free speech under the First Amendment to the U.S. Constitution, which protects such written solicitations. Pincus further argued that such bans did little to achieve their intended purpose (to curb judicial corruption), since candidates who were required to go through campaign fundraising committees could then personally thank their donors.[10]
Florida Bar attorney Barry Richard argued that a difference did exist between receiving personal solicitations from judicial candidates and receiving them via their campaign committees. He further argued that a face-to-face solicitation was the same as a personalized letter asking for a donation, and that the purpose of the Florida rule was to remove the possibility of corruption between the donor and the donee, which was made feasible by direct solicitation.[10][11]
In addressing Pincus' arguments, Justice Antonin Scalia inquired about the interest of "judicial dignity" and noted that traditionally, if not ethically, judges did not post op-eds defending their decision making. Justice Anthony Kennedy suggested that under Pincus' argument, it would be more difficult to "draw the constitutional line" as to what is permitted and what is not under the umbrella of free speech.[11]
Regarding Richard's arguments, Justice Stephen Breyer asked for a differentiation between thank you letters permissible under the rule (which, in effect, created a direct contact between the donor and the judicial candidate) and direct solicitations by a signed letter (which the Florida Bar argued would prevent such a direct contact). Scalia asserted that the rule did not, in fact, dispel corruption by creating a buffer between the candidate and their donors, since direct contact is made by the sending out permissible thank you letters directly from the candidate. Justice Samuel Alito also asked for clarification between a candidate who directly solicited and one who went through his campaign committee.[11]
On April 29, 2015, the court voted 5-4 to uphold the Florida law. Writing for the majority, Chief Justice John Roberts said, "A state’s decision to elect judges does not compel it to compromise public confidence in their integrity." In a dissenting opinion, Scalia called the court's decision a disguised attack on judicial elections that “flattens one settled First Amendment principle after another.”[12]
As of 2014, thirty states banned personal solicitation of money by judicial candidates. Arguments in support of the ban were largely the same: Prohibitions were necessary to ensure the impartiality of the judiciary, should candidates win the election and assume the bench. The issue was split among the federal appeals court, with four courts having struck down the bans on solicitation under First Amendment arguments.[13][14]
See also
- Florida 13th Circuit Court
- Hillsborough County, Florida
- Florida local trial court judicial elections, 2016
External links
Footnotes
- ↑ 1.0 1.1 Hillsborough County Supervisor of Elections: 2012 Candidates
- ↑ 2.0 2.1 Tampabay.com, "Florida Bar plans to file complaint against judicial candidate," July 23, 2010
- ↑ 3.0 3.1 American Judicature Society, "Methods of Judicial Selection: Florida; Limited Jurisdiction Courts," archived October 2, 2014
- ↑ Online Sunshine, "The Florida Constitution," accessed June 25, 2014
- ↑ American Judicature Society, "Methods of Judicial selection: Florida," archived October 2, 2014
- ↑ Florida Department of State, "Candidate Listing for 2016 General Election," accessed July 5, 2016
- ↑ Hillsborough County Supervisor of Elections, "2012 Primary Election Results"
- ↑ Hillsborough County Elections, Unofficial 2010 Primary Election Results
- ↑ 9.0 9.1 Supreme Court of Florida, "The Florida Bar v. Lanell Williams-Yulee," May 1, 2014
- ↑ 10.0 10.1 The Washington Post.com, "A messy Supreme Court case shows why judges should be appointed, not elected," January 21, 2015
- ↑ 11.0 11.1 11.2 In the Supreme Court of the United States, "Lanell Williams-Yulee v. The Florida Bar, No. 13-1499," January 20, 2015
- ↑ The New York Times, "Supreme Court Upholds Limit on Judicial Fund-Raising," April 29, 2015
- ↑ The New York Times, "Justices Take Cases on Bias, Redistricting and Judicial Elections," October 2, 2014
- ↑ Reuters.com, "Supreme Court to review judicial election campaign contributions request," October 2, 2014
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida
State courts:
Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court
State resources:
Courts in Florida • Florida judicial elections • Judicial selection in Florida
