WE HAVE A NEW JUDGE ON THE 3RD DCA .....

THE CAPTAIN REPORTS:

"A MOOSE IS NOT A BEAVER"*

CONGRATULATIONS TO NEWLY APPOINTED THIRD DCA JUDGE THOMAS REBULL .....

Governor DeSantis has finally appointed Judge Thomas Rebull to replace retired Third District Court of Appeal Judge Kevin Emas.

Congratulations to Judge Rebull.

It only took 115 days, countless unanswered emails and telephone calls, and a Petition for Writ of Mandamus filed in the Florida Supreme Court by the ACLU of Florida before the Governor complied with the constitutional duty he swore to uphold.

Judge Kevin Emas retired on March 31, 2026. Earlier, on March 17, the Third DCA Judicial Nominating Commission had certified six nominees to Governor DeSantis.

Article V, Section 11(c) of the Florida Constitution could not be clearer:

"The governor shall make the appointment within sixty days after the nominations have been certified to the governor."

Sixty days came and went.

No appointment.

Your humble CAPTAIN JUSTICE then began asking a very simple question:

Why?

Blog posts were written. (They can be read here and here.)

Emails were sent.

Telephone calls were made.

Voice messages were left.

General Counsel David Axelman and Assistant General Counsel Taylor Gustafson—who oversees judicial appointments—never responded.

Not once.

With no explanation forthcoming, Captain Justice contacted the ACLU of Florida and asked that it consider filing a Petition for Writ of Mandamus to require compliance with the Florida Constitution.

The ACLU agreed.

Judge Kevin Emas agreed to serve as the petitioner.

The lawsuit was filed on June 30, 2026.

The Florida Supreme Court promptly ordered Governor DeSantis to respond within ten days, setting a deadline of Friday, July 10, at 5:00 p.m.

The handwriting was on the wall.

Earlier today, Governor DeSantis finally appointed Judge Thomas Rebull to the Third District Court of Appeal.

Then, at approximately 4:30 p.m.—just before the Supreme Court's deadline—General Counsel David Axelman and Assistant General Counsel Taylor Gustafson filed the Governor's response.

Did they acknowledge that the constitutional deadline had been missed?

Did they apologize?

Did they explain why the Governor ignored the Constitution for nearly two months beyond the deadline?

No.

Instead, they asked the Supreme Court to dismiss Judge Emas' petition as moot because the Governor had "already" made the appointment.

Problem solved.

Nothing to see here.

Move along.

What an extraordinary way to defend a missed constitutional deadline.

Congratulations again to Judge Thomas Rebull. By all accounts, he will make an outstanding appellate judge.

We also understand that Judge Rebull is presently drafting a letter to Captain Justice. We imagine it goes something like this:

Dear Captain Justice:

Thank you for your tireless service to Florida's legal community. Nobody keeps a closer eye on judicial appointments and judicial elections than Captain Justice. We especially appreciate your continuing coverage of "The Name Game."

Thank you for refusing to let this constitutional deadline disappear into the Tallahassee bureaucracy. Had you not continued asking uncomfortable questions, writing blog posts, sending emails, making telephone calls, and ultimately involving the ACLU, I might still be waiting.

As a newly appointed judge, I promise to do something my appointing authority failed to do for 115 days: faithfully follow the Constitution that I have sworn to uphold.

Sincerely,

Thomas Rebull

(Editor's Note: The preceding letter may contain slight embellishments.)

Now we turn our attention to the Governor's next four judicial appointments: two Circuit Court vacancies (Judges Marcia Caballero and Jose Rodriguez) and two County Court vacancies (Judges Yara Klukas and Jason Reding Quinones).

The constitutional deadline is July 19.

We'll see whether the Constitution matters this time.

*"A moose is not a beaver" may be the greatest opening line ever written in a Motion to Dismiss.

The quote comes from litigation filed by Buc-ee's against the owners of the Mickey Mart chain of convenience stores in Ohio. Buc-ee's claims trademark infringement because Mickey Mart's logo features... a moose. (Buc-ee is a Beaver).

Counsel for Mickey Mart responded with the immortal observation:

"A moose is not a beaver."

Sometimes, lawyers really do write the best comedy.

CAPTAIN OUT ......
Captain4Justice@gmail.com

BREAKING NEWS ... JUDGE EMAS (via the ACLU of Florida) sues Governor DeSantis .....

THE CAPTAIN REPORTS:

"Apparently, in Tallahassee, constitutional deadlines are treated more like New Year's resolutions than legal obligations."

JUDGE KEVIN EMAS (by the ACLU of Florida) SUES GOVERNOR DESANTIS .....

On March 31, 2026, Judge Kevin Emas retired from the Third District Court of Appeal.

Following the announcement of his retirement back in December, Governor DeSantis requested that the Third DCA Judicial Nominating Commission begin the process of identifying his replacement.

The JNC did exactly what the Florida Constitution required it to do. It accepted applications, conducted interviews, deliberated, and on March 17, 2026, Chairman Paul Huck, Jr. transmitted the certified list of nominees to the Governor.

And with that transmission, the constitutional clock began to run.

Article V, Section 11(c) of the Florida Constitution is not complicated. It is not ambiguous. It does not contain exceptions, loopholes, or escape hatches.

It provides:

"The governor shall make the appointment within sixty days after the nominations have been certified to the governor."

"Shall" is not advisory language.

"Within sixty days" is not a suggestion.

Day 60 came and went on May 16, 2026.

The Governor did not make an appointment.

On May 20, 2026, your own CAPTAIN JUSTICE sent an email to Governor DeSantis' General Counsel, David Axelman, whose office oversees the judicial appointment process. Assistant General Counsel Taylor Gustafson, the Director of Judicial Appointments, was copied on the correspondence.

There was no response.

On May 26, 2026, Captain Justice followed up.

Still no response.

Telephone calls were placed.

Voice messages were left.

Still no response.

Throughout the month of June, additional emails and messages were sent to Mr. Axelman and Ms. Gustafson asking two simple questions:

Why has the Governor failed to appoint a replacement for Judge Emas?

And when can the citizens of Florida expect the appointment to be made?

The answer to both questions, apparently, was silence.

On May 29, 2026, Captain Justice contacted the ACLU of Florida. In prior instances involving missed constitutional deadlines for judicial appointments, the ACLU has sought relief from the Florida Supreme Court to compel compliance with the Constitution.

Nicholas Warren, an attorney with the ACLU of Florida, advised that the organization would consider pursuing such relief in this matter.

Today, June 30, 2026, the ACLU of Florida did exactly that.

The following Petition for Writ of Mandamus was filed in the Supreme Court of Florida:

KEVIN EMAS, Petitioner,

v.

RON DESANTIS, as Governor of Florida, Respondent.

The petition was filed by Nicholas Warren on behalf of Judge Emas.

A copy of the petition can be found here.

The ACLU of Florida issued a Press Release accompanying the Petition. From their Press Release:

“A deadline is a deadline,” said Nicholas Warren, senior staff attorney with the ACLU of Florida. “Governor DeSantis doesn’t just get to ignore our Constitution if he feels like it. His repeated refusal to follow such a simple law is both troubling and illegal.”

A copy of the Press Release issued by the ACLU of Florida can be found here.

Meanwhile, six highly qualified nominees continue waiting for action from the Governor's Office:

Jeffrey DeSousa
Judge Javier Enriquez
Judge Spencer Multack
Judge Joseph Perkins
Judge Thomas Rebull
Judge Robert Watson

One of these six individuals will almost certainly be named to the Third DCA in the near future.

The question is why Florida had to get here first.

It should not require intervention by CAPTAIN JUSTICE, the ACLU, and litigation in the Supreme Court of Florida to compel compliance with one of the clearest provisions in the Florida Constitution.

Governor DeSantis, General Counsel David Axelman, and Director of Judicial Appointments Taylor Gustafson have each taken an oath to support, protect, and defend that Constitution.

Citizens are expected to follow the law.

Lawyers are expected to follow the law.

Judges are expected to follow the law.

Surely the same standard applies to those charged with enforcing it.

CAPTAIN OUT ......
Captain4Justice@gmail.com

SO, YOU WANT TO BE A JUDGE IN MIAMI-DADE COUNTY .......

THE CAPTAIN REPORTS:

UPDATE (NO UPDATE): 

Updating our readers on the open seat on the 3rd DCA (read below). The Governor was constitutionally required to fill that open seat by May 16 (60 days after receiving a certified list of nominees). Today is Day 66, and still no replacement. This despite emails being sent to General Counsel Axelman, AGC Gustafson (in charge of judicial appointments), and multiple phone calls and messages left for each.

FOUR NEW JUDGES (& MAYBE A FIFTH) COMING TO A COURTROOM NEAR YOU .....

We previously reported to you that there were five open seats to be filled on the bench in Miami-Dade County, including two on the Circuit Court, two on the County Court, and one on the Third District Court of Appeal.

Today, the 11th Circuit Judicial Nominating Commission (JNC) certified its list of nominees to Governor DeSantis for four of those vacancies.

The nominees to replace retiring Circuit Court Judges Jose Rodriguez and Marcia Caballero include ten sitting County Court judges and two private attorneys:

Natalie Costea
Hon. Rita Cuervo
Hon. Miesha Darrough
Christian Dunham
Hon. Alicia Garcia Priovolos
Hon. Christopher Green
Hon. Chiaka Ihekwaba
Hon. Jennifer Tautman Levin
Hon. Natalie Moore
Hon. Stephanie Silver
Hon. Eleane Sosa-Bruzon
Hon. Michelle Urbistondo

As for the two County Court vacancies, I fully expect handwritten thank-you notes from all twelve nominees, thanking Captain Justice for creating these openings in the first place. 

My loyal readers will recall that Governor DeSantis and his General Counsel’s Office somehow managed to “overlook” these vacancies for more than seven months after Judges Yara Klukas and Jason Reding Quinones submitted their resignations. Apparently, nobody in Tallahassee remembered that the Florida Constitution actually requires the appointment process to begin promptly after a judicial resignation.

Only after Captain Justice emailed General Counsel David Axelman and pointed out the obvious constitutional problem did the Governor — on the very same day as my email — finally initiate the process to replace both judges.

Amazing how that works.

The nominees for the County Court vacancies include: 

Shawn Abuhoff
Johanna Benedi
Natalie Costea
Christian Dunham
Aaron Feuer
Kimberly Hillery
Scott Janowitz
Yvette Lavelle
Gustavo Losa
Jeffrey Pierce
Patricia Salman
Alexander Shear

Governor DeSantis now has 60 days to make four judicial appointments.

THIRD DCA

Meanwhile, over at the Third District Court of Appeal, the Governor’s Office continues its troubling pattern of treating constitutional deadlines as if they were merely “suggestions.”

The Third DCA JNC certified six nominees to Governor DeSantis on March 17 to replace Judge Kevin Emas. Article V, Section 11(c) of the Florida Constitution could not be more clear:

“The governor shall make the appointment within sixty days after the nominations have been certified to the governor.”

The 60-day deadline expired on May 16. Since that fell on a Saturday, the appointment should have been announced no later than Monday, May 18.

Today is Day 64.

Still no appointment.

Captain Justice sent yet another email today to General Counsel David Axelman asking why the Governor’s Office continues to ignore the constitutional deadline.

If Mr. Axelman actually responds this time — which would itself qualify as breaking news — I will certainly update our readers.

For the record, I never received so much as a courtesy response to my prior emails or telephone calls to his office.

CAPTAIN OUT .......
Captain4Justice@gmail.com

SHAWN ABUHOFF & 31 OTHERS APPLY TO JNC .....

THE CAPTAIN REPORTS:

SCROLL DOWN TO THE BOTTOM FOR OUR ADDENDUM REGARDING THE 3RD DCA.

SO, YOU WANT TO BE A CIRCUIT/COUNTY COURT JUDGE .....

The Judicial Nominating Commission (JNC) for the Eleventh Judicial Circuit of Florida is entering a busy stretch following the expansion of the bench in Miami-Dade County.

In 2025, Governor Ron DeSantis signed Senate Bill 2508 into law, creating four additional County Court seats and three additional Circuit Court seats. Last year, the Governor filled two of the County Court seats and one Circuit Court seat. The JNC is now tasked with interviewing applicants for the remaining two County Court and two Circuit Court vacancies.

THE APPLICANT POOL .....

The JNC received 32 applications, divided as follows:

10 applicants for County Court only

11 applicants for both County and Circuit Court

11 applicants for Circuit Court only

The Commission will conduct interviews on March 13 and may nominate up to 12 candidates for County Court and 12 for Circuit Court.

A NOTABLE APPLICANT: ASA Shawn Abuhoff .....

One name that immediately stands out is Assistant State Attorney Shawn Abuhoff (and not because he is listed first). Abuhoff has applied for a seat on the County Court.

Many in the legal community will recall the high-profile disputes in 2024 and 2025 between the Miami-Dade State Attorney’s Office and members of the criminal defense bar. Abuhoff was at the center of one such controversy in the case of State v. Pratt.

In that case, the defendant was charged with second-degree murder and represented by Assistant Public Defenders Natalie Ender and Lauren Dawson. During the proceedings, the Public Defender’s Office filed a motion seeking Abuhoff’s removal, alleging that he attempted to intimidate a key witness. Specifically, Ender claimed that Abuhoff and a police officer appeared near the home of witness Bridet Lampley and banged on the window of a car in which she was seated.

The presiding judge, Judge Wolfson, denied the motion.

Shortly thereafter, Abuhoff filed a motion seeking to disqualify Ender and Dawson, Abuhoff wrote in his complaint as to Ender and Dawson that “Their actions of tampering with a witness have made them witnesses themselves and created conflicts that this court can not ignore,” His office also publicly announced that both attorneys were under criminal investigation and that it was “in the process” of determining whether charges would be filed.*

Judge Wolfson denied that motion as well.

*No charges were ever filed against either Ender or Dawson.

FACDL-MIAMI ENTERS THE FRAY .....

The dispute drew the attention of the local chapter of the Florida Association of Criminal Defense Lawyers (FACDL-Miami), which alleged a broader pattern of prosecutorial misconduct.

FACDL cited several incidents, including the removal of ASA Michael Von Zamft from the case of State v. Corey Smith by Judge Wolfson. The organization also publicly commented on actions taken by the State Attorney’s Office in the murder prosecution of OnlyFans model Courtney Clenney and the related charges against her parents.

Regarding the Ender and Dawson matter, FACDL’s Board of Directors issued a statement asserting that the State Attorney’s Office “continues to engage in a pattern of unethical misconduct” in cases where defense attorneys have “done nothing more than uphold their constitutional obligation and duty to defend their client.” The Board further criticized what it described as the unjustified public accusation of criminal conduct against defense counsel and their investigator.

The Miami Herald covered it in July of 2024 in two stories you can read here and here.

Here is a list of the 32 applicants:

COUNTY COURT ONLY

Shawn Abuhoff 
Yaneth Baez  
Johanna Benedi  
Madelin D’Arce** 
Kimberly Hillery 
Yvette Lavelle  
Gustavo Losa 
Marlin Muller  
Jeffrey Pierce  
Patricia Salman 

COUNTY & CIRCUIT COURT

Natalia Costea 
Yenly Dominguez  
Christian Dunham 
Aaron Feuer 
Scott Janowitz  
Jose Martinez 
Andrew McGinley 
Michelle Roth 
Monica Segura  
Alexander Shear 
Annette Strauch 

CIRCUIT COURT ONLY

(All are County Court Judges except for Mrs. Alvarez)

Destiny Goede Alvarez**
Rita Cuervo 
Miesha Darrough  
Elisabeth Espinosa  
Christopher Green  
Chiaka Ihekwaba  
Alicia Garcia Priovolos  
Jorge Perez Santiago 
Stephanie Silver 
Eleane Sosa-Bruzon 
Michelle Urbistondo  

**Destiny Goede Alvarez has been a member of The Florida Bar for five years (the minimum necessary to qualify to be a judge). She has two degrees from the University of Florida, she was President of Florida Blue Key, and she was inducted into their Hall of Fame. She is a member of the Federalist Society.

She was an Intern for Federal Magistrate Judge Amanda Arnold Sansone; spent a year working in the DeSantis Administration for the Department of Transportation; was an Associate at Gray Robinson for two years (is there any law firm more connected to the DeSantis Administration?!); and she is currently is a Partner at Goede, DeBoest, & Cross (the Goede is John Goede - her father we surmise)

Another interesting note: Attorney Madelin D’Arce, who applied for County Court, is also a Partner at Goede, DeBoest, & Cross. 

THIRD DCA JNC

The 3rd DCA JNC has announced that they will be conducting interviews of seven applicants to replace Judge Kevin Emas, who is retiring from the bench on March 31. The applicants are:

Jeffrey DeSousa

Judge Javier Enriquez

Judge Spencer Multack***

Judge Joseph Perkins

Judge Thomas Rebull

Thomas Ward

Judge Robert Watson

Interviews will take place on March 17, and the JNC will nominate up to six of the seven applicants to the Governor's office.

***Judge Multack could have an uphill battle to get the call from Gov. DeSantis. Multack sits in Family Court and, until last week, sat over a paternity case between Arlene Delgado and Jason Miller. The case has already gone through nine judges, and, at one point in the litigation, Delgado moved to recuse Multack from the case, arguing that he was biased for Miller. But recently, Miller decided he didn't like Multack either. 

Miller, according to a post from Above The Law, was all set to be the White House communications director for the first Trump administration when news circulated that he’d had an affair with fellow campaign staffer, Arlene “AJ” Delgado. Delgado has a 7-year-old son that she contends belongs to Miller. 

Last week, Miller went onto X (formerly Twitter) and tweeted (is that still a word), 

"I am actively opposing Florida Judge Spencer Multack's application to get a promotion to Florida's Third District Court of Appeal, and I will be activating EVERYONE I know and EVERY resource I have to stop his bid". 

Multack recused himself four hours later. You can read the story from Above The Law here. Florida Bulldog covered it here.

CAPTAIN OUT .....
Captain4Justice@gmail.com

JUDICIAL NEWS IN MIAMI-DADE COUNTY .....

THE CAPTAIN REPORTS: 

JUDICIAL NEWS IN MIAMI-DADE COUNTY .....

JUDGE KEVIN EMAS IS RETIRING .....

There’s lots of judicial news going on in Miami-Dade County. Let’s start with the 3rd DCA. Judge Kevin Emas has announced his retirement from the bench effective March 31, 2026. Judge Emas has led a distinguished career, beginning with his employment as an Assistant Public Defender in Bennett Brummer’s office in 1982. He went on to private practice with the law firm of Fine Jacobson, and then with Thornton Rothman & Emas. He then began a 30-year career serving on the bench. He was first appointed to the County Court in 1996 by Governor Lawton Chiles. He was elevated to the Circuit Court in 2001 by Governor Jeb Bush. Finally, he was tapped by Governor Crist to sit on the 3rd DCA in 2010. He has served on the 3rd DCA for the past 16 years and served as Chief Judge of the Third District from 2019 to 2021.

Judge Emas has held numerous leadership roles in the Florida Conference of Circuit Judges. He also served as a faculty member of the Florida Judicial College, New Appellate Judges Program, Florida’s College of Advanced Judicial Studies, and the National Judicial College. He served as an adjunct faculty member at both FIU College of Law and UM Law. He served as a member of the Judicial Qualifications Commission, Chair of the Supreme Court’s Criminal Court Steering Committee, and Chair of the Florida Criminal Procedure Rules Committee.

Thank you, Judge Emas, for your incredible dedication to the citizens of Miami-Dade County and the State of Florida. 

The 3rd DCA JNC is now accepting applications for Judge Emas' replacement, with a deadline of February 26, 2026.

11TH CIRCUIT JUDICIAL NOMINATING COMMITTEE (JNC) .....

The JNC has announced that it is now taking applications for two Circuit Court seats and two County Court seats. These four seats are new and were created by the Florida legislature with the enactment of SB 2508. The deadline to submit your application is February 20, 2026. The JNC expects to conduct interviews on March 13. The Governor is expected to name the four new judges by no later than May 14, 2026.

CIRCUIT COURT JUDICIAL ELECTIONS .....

There are 34 Circuit Court seats up for election in 2026. The six-year term begins on January 6, 2027. Qualifying Week is April 20-24, 2026. The election is scheduled for August 18, 2026.

The following is a list of judges whose terms expire on January 5, 2027. Some of these judges will be retiring. An (F) next to their name means they have filed with the Department of Elections for the upcoming election. Six incumbents have not yet filed, while three newcomers have filed to run.

CIRCUIT COURT

Michelle Alvarez Barakat (F)
Tanya Brinkley (F)
Beatrice Butchko (F)
Marcia Caballero - has not yet filed - Group 51
Carmen Cabarga (F)
Yvonne Colodny (F)
Ivonne Cuesta (F)
Jorge Cueto (F)
Abby Cynamon (F)
Michelle Delancy (F)
Dawn Denaro (F)
Reemberto Diaz (F)
Veronica Diaz (F)
Spencer Eig (F)
Carlos Gamez (F)
Stacy Glick (F)
Laura Gonzalez-Marques (F)
Carlos Guzman (F)
Christine Hernandez (F)
Richard Hersch - has not yet filed* - Group 69
Peter Lopez (F)
Denis Martinez-Scanziani (F)
Alberto Milian (F)
Cristina Miranda - will be filing soon** - Group 48
Spencer Multack (F)
Joseph Perkins (F)
Orlando Prescott - has not yet filed - Group 35
Jose Rodriguez - retired - Group 07 - 
Mavel Ruiz (F)
Migna Sanchez-Llorens (F)
Laura Stuzin (F)
Daryl Trawick (F)
Andrea Wolfson (F)
Angelica Zayas - has not yet filed - Group 05 -

*Judge Hersch is retiring.

We communicated with Judge Miranda, who indicated that she "intends to file shortly and hopes to continue serving the people of Miami-Dade County as she has for almost 29 years."

The three non-incumbent attorneys who have filed to run include:

Group 05 - Attorney Alexander Annunziato

Group 07 - Attorney Cristobal Padron

Group 69 - Attorney Rita Baez

Tomorrow, we will cover the County Court races.

CAPTAIN OUT .......
Captain4Justice@gmail.com

GOVERNOR DESANTIS TO NAME TWO NEW THIRD DCA JUDGES TODAY AT 2:00 PM

THE CAPTAIN REPORTS:

YOUR TWO NEWEST 3^RD DCA JUDGES .....

ARE:

JUDGE MONICA GORDO
Judge Gordo has been a member of The Florida Bar since 1999. She spent 11 years at the State Attorney's Office before getting elected to the Circuit Court bench in 2010 besting Robert Kuntz.  She was reelected in 2016 without opposition.

FLEUR LOBREE
Three times a charm.  Appointed to the County bench in 2011 by Governor Scott, she lost in her election to Michelle Alvarez Barakat in 2012 (71% to 29%).  Appointed again by Scott to the Circuit Court bench in 2013, she lost in her bid to hold that seat, in 2014, to Mavel Ruiz (54% to 46%).  She has spent most of her career as an appellate attorney at the State Attorney's office in Miami.

Will be announced today at a press conference at 2:00 PM when Governor DeSantis will personally introduce the two newest appointments at the Alan Schwartz Atrium at the Third District Court of Appeal.

Our sources are buzzing. They first alerted us to the fact that, on Tuesday, April 9, 2019, in Tallahassee, Governor Scott’s Legal Counsel interviewed the nine finalists to replace Justices Barbara Lagoa and Robert Luck who were both elevated to the Florida Supreme Court. Those interviewed included:

Hon. Monica Gordo
Christopher Johnson
Hon. Timothy Koenig
Fleur Lobree
Oren Rosenthal
Eduardo Sanchez
Ann St. Peter Griffith
Hon. Daryl Trawick
Hon. Lisa Walsh

Now our sources have confirmed the surprise Press Conference later today.

The two newest jurists will join freshly appointed 3^rd DCA Judges Eric Hendon and Bronwyn Miller who were both appointed by Governor Scott on his way out the door in late December of 2018.

COUNTY COURT

SO, YOU WANT TO BE A COUNTY COURT JUDGE .......

On March 27, 2019, Governor DeSantis named Judges Michelle Alvarez Barakat and Tanya Brinkley to the Circuit Court (replacing Judges Hendon & Miller - see above). With those two appointments, that opened up two seats on the County Court.

The 11^th Judicial Circuit JNC will interview 19 attorneys and then send up to 12 names to Governor DeSantis. A total of 27 attorneys applied to the JNC, but eight failed to make the cut. Those scheduled for an interview on Monday, April 29^th include:

　
8:00 a.m. Karl S. Brown
8:10 a.m. Miguel J. Chamorro
8:20 a.m. Ritamaria Gonzalez Cuervo
8:30 a.m. Elsa Maria Fernandez
8:40 a.m. Blanca Torrents Greenwood
8:50 a.m. Peter S. Heller
9:00 a.m. Zachary N. James
9:10 a.m. Scott M. Janowitz
9:20 a.m. Jeffrey M. Kolokoff
9:40 a.m. Gale Lewis
10:30 a.m. Arya Attari Li
10:40 a.m. Steven Lieberman
10:50 a.m. Jonathan Meltz
11:00 a.m. Griska Mena
11:10 a.m. Julie Harris Nelson
11:20 a.m. Christopher Pracitto
11:40 a.m. Kayla Riera-Gomez
11:50 a.m. Melissa Roca Shaw
12:00 p.m. Stephanie Silver


NEWS FROM THE CAPITOL .......

The Florida Legislature has been in session since March 5^th and they are scheduled to adjourn sini die on May 3^rd. Several bills have passed both the House and the Senate and have been sent to Govenor DeSantis’ desk for his signature. This week, DeSantis received Senate Bill 96, which amends, among other things, F.S. 843.19: the injuring, disabling or killing of a police, fire, or SAR canine or police horse. Those crimes would go from a third degree felony to a second degree felony if DeSantis signs the bill into law.
　
CAPTAIN OUT .......
Captain4Justice@gmail.com

SO, YOU WANT TO BE AN ASSISTANT STATE ATTORNEY/ASSISTANT PUBLIC DEFENDER .....

THE CAPTAIN REPORTS:

TIME TO DISCUSS A REAL PROBLEM IN THE JUSTICE BUILDING .......

(BREAKING - 3rd DCA Grants Writ of Cert in State v. Wong, 3D19-169; issue is - 6 or 12 person jury for capital murder trial before Judge Blumstein. See the Comments Section for more on this story).

An article in the January 11^th edition of  THE FLORIDA BAR NEWS addresses a critical problem in our justice system. One in five Assistant State Attorneys and one in five Assistant Public Defenders left their jobs last year.

In Florida, the average starting salary for an ASA or APD is $41,700. By comparison, in neighboring Georgia, the average is $56,286; in North Carolina it’s $53,000; and in California, they start prosecutors and public defenders at a salary of $92,000.

State Attorney Dave Aronberg of the 15^th Judicial Circuit (Palm Beach) stated that front line prosecutors and public defenders are leaving government service at such a fast rate that it is becoming an issue of public safety. "Many times, you will have a young prosecutor making $42,000, who is sitting at a table discussing a case with a first-year cop from Boca Raton, who is making $62,000 a year," Aronberg said. "And this is someone with seven years of education and six figures of education debt." The problem is, "once they get to be three- to five-year lawyers, and they’ve had about 50 or more trials, [his ASAs] are very attractive to private law firms who will pay them a lot more."

Buddy Jacobs, from the Florida Prosecuting Attorneys Association, described the situation this way: "There are two kinds of prosecutors in Florida, those leaving . . . and those looking."

Aaronberg suggested that, according to a TaxWatch study, "raising salaries for assistant state attorneys and assistant public defenders would actually save taxpayers money in the long run."

So, what say you, our readers who work in the pits everyday? Is there a problem? What can WE do about it?

IN OTHER NEWS:

SO, YOU WANT TO BE A CIRCUIT COURT JUDGE .....

The 11^th Circuit JNC received a total of 22 applications from those wanting to replace Judges Eric Hendon and Bronwyn Miller who both now sit on the 3^rd DCA. The Commission narrowed the list to 18 that will be interviewed on February 15^th. They include:

9:00 a.m. William I. Altfield
9:10 a.m. Rebecca Valentina Aroca
9:20 a.m. Michelle Alvarez Barakat
9:30 a.m. Jason Bloch
9:40 a.m. Tanya Brinkley
9:50 a.m. Michelle A. Delancy
10:30 a.m. Ivy R. Ginsberg
10:40 a.m. Blanca Torrents Greenwood
10:50 a.m. Peter Heller
11:00 a.m. Scott M. Janowitz
11:10 a.m. Zachary N. James
11:20 a.m. Jeffrey M. Kolokoff
12:00 p.m. Steven Lieberman
12:10 p.m. Joseph J. Mansfield
12:20 p.m. Griska Mena
12:30 p.m. Julie Harris Nelson
12:40 p.m. Kayla A. Riera-Gomez
12:50 p.m. Abbe S. Rifkin

(Those who did not make the cut: Carmen R. Cabarga, Robyn J. Cohen (McCarthy), Tahya Fuenmayor, Gustavo Javier Losa).

SPEAKING OF THE 3^RD DCA .....

You still have time to apply to the 3^rd DCA JNC if you want to become an appellate court judge. There are two open seats on the 3^rd DCA resulting from the elevations of Justice Barbara Lagoa and Justice Robert J. Luck to the Florida Supreme Court.

The deadline to submit your application is Tuesday, February 19, 2019.

CAPTAIN OUT .......
Captain4Justice@gmail.com

3RD DCA JNC SENDS TEN NAMES TO THE GOVERNOR FOR TWO OPEN SEATS .......

THE CAPTAIN REPORTS:

YOUR TWO NEW 3^RD DCA JUDGES .... WILL BE NAMED FROM THE FOLLOWING LIST OF NOMINEES .....

This past Monday and Tuesday, the 3rd DCA JNC interviewed a total of 17 for two open seats on the appellate court.  Today, the JNC narrowed the list to ten and forwarded those names to Governor Scott for his consideration.  The list includes six current and one former judge among the ten nominees.

Governor Scott has 60 days to name replacements for Judges Leslie Rothenberg and Richard Suarez. The two new judges will likely be chosen just two weeks before Scott leaves office as a lame duck Governor.

The list of nominees (click on the names of the last three listed below to be taken to their complete bio):

Hon. Monica Gordo
- 19 years Florida Bar; Circuit Court Family Division; eight years on the bench; former ASA

Hon. Eric Hendon
- 39 years Florida Bar; Circuit Court Criminal Division;  sixteen years on the bench; former ASA, APD, AAG

Hon. Timothy Koenig
- 34 years Florida Bar; Circuit Court Monroe County; four years on the bench; thirty years in private practice

Hon. Fleur Lobree
- 26 years Florida Bar; former Circuit Court judge (2 years) and County Court judge (1 year); former AAG, ASA

Hon. Bronwyn Miller
- 21 years Florida Bar; Circuit Court Civil Division; thirteen years on the bench; former ASA

Hon. Thomas Rebull
- 21 years Florida Bar; Circuit Court Civil Division; seven years on the bench; fourteen years in private practice

Hon. Lisa Walsh
- 26 years Florida Bar; Circuit Court Criminal Division; ten years on the bench; former APD

Oren Rosenthal 
-22 years Florida Bar; currently an Assistant Miami-Dade County Attorney; Oren Rosenthal currently serves as the lead attorney for the Miami-Dade Elections Department and the Information Technology Department. Oren has previously served as a member of the Federal Litigation section of the office. Oren is experienced as a litigator and as a transactional lawyer. Oren's litigation experience includes federal civil rights suits, intellectual property claims, complex commercial matters, as well as challenges to elections and the Miami-Dade County Home Rule Charter. Oren has also handled numerous appeals before both state and federal appellate courts.

Ann St. Peter-Griffith
-24 years Florida Bar; currently with Kasowitz, Benson, Torres LLP; has a national practice that focuses on all aspects of complex commercial litigation, including health care, Foreign Corrupt Practices Act, False Claims Act, product liability, constitutional, and employment discrimination cases in federal and state trial and appellate courts. Also represents health care clients in civil and criminal matters throughout the United States. Former AUSA. 

Melissa Damian Visconti
-23 years Florida Bar; currently Of Counsel to Damian & Valori; experienced trial and appellate lawyer who has appeared in state and federal courts across Florida and around the country. Ms. Visconti is Of Counsel to the Firm and focuses her practice in the areas of state and federal court appeals, complex litigation, and receiverships. Ms. Visconti has extensive experience in state and federal appeals courts, as well as in the areas of products liability, whistleblower and False Claims Act cases, securities, multidistrict litigation, and class action litigation. She is also experienced in criminal law, advising clients who are the subjects of or material witnesses in federal and state investigations

Who didn’t make the final cut:

Hon. Jason Bloch
Hon. Alexander Bokor
Hon. George Sarduy
Hon. Angelica Zayas
Jeffrey Geldens
Kansas Gooden
Edward Guedes

Predictions anyone?

CAPTAIN OUT .......
Captain4Justice@gmail.com

17 APPLY FOR TWO OPEN SEATS ON 3RD DCA .....

THE CAPTAIN REPORTS:

SO, YOU WANT TO BE A 3^rd DCA JUDGE .......

The application deadline has passed, and you’ll be happy to know that Judge Michael Hanzman and Judge Milton Hirsch will not be leaving the trial bench any time soon. Neither of them applied for the two open seats on the 3^rd DCA due to the resignations of Judge Leslie Rothenberg and Judge Richard Suarez. Judge Lisa Walsh though is one of the 17 applicants*** that will be interviewed next week. A total of nine current and two former judges are among the applicants. Two, Judge Alexander Bokor and Edward Guedes are also being interviewed for the three open seats on the Florida Supreme Court.

The interviews will take place on Monday, October 22, 2018 and Tuesday, October 23, 2018. Those being interviewed include:

Hon. Jason Bloch

Hon. Alexander Bokor

Jeffrey R. Geldens

Kansas R. Gooden

Hon. Monica Gordo

Edward G. Guedes

Hon. Eric W. Hendon

Hon. Timothy J. Koenig (Monroe County)

Hon. Fleur J. Lobree

Hon. Bronwyn C. Miller

Ann M. St. Peter-Griffith

Hon. Thomas J. Rebull

Oren Rosenthal

Hon. George A. R. Sarduy

Melissa Damian Visconti

Hon. Lisa S. Walsh

Hon. Angelica D. Zayas

***It was rumored that Rumpole was personally asked to apply.  In response to the request, he issued a one word PCA that read: "Overqualified".

Members of the public are invited to attend the interviews (they are being held at the law offices of DLA Piper) and also are urged to contact the commission concerning the applicants. Please consider emailing any comments concerning any of the applicants to the JNC Chair:

Harout J. Samra, Chair
DLA Piper LLP
200 S. Biscayne Blvd., Suite 2500
Miami, FL 33131-5341
Tel: 305-423-8534
Email: harout.samra@dlapiper.com

Predictions anyone ?????

CAPTAIN OUT .......
Captain4Justice@gmail.com

EIGHT NEW JUDGES COMING TO A COURTROOM NEAR YOU .....

BREAKING SATURDAY AFTERNOON: JUDGE KAVANAUGH CONFIRMED TO US SUPREME COURT IN 5-48 VOTE. Rumpole not to be nominated to fill Kavanaugh's seat on DC Court of Appeals. 

THE CAPTAIN REPORTS:

BREAKING NEWS:

AND YOUR THREE NEWEST COUNTY COURT JUDGES ARE ......

Today, Governor Rick Scott announced the appointment of three new County Court judges to replace Judges Dawn V. Denaro, Andrea Ricker Wolfson, and Renatha S. Francis; all three were previously promoted to the Circuit Court.

JUDGE CHRISTINE BANDIN, age 39, currently a partner with Shutts and Bowen. She has been a member of The Florida Bar for 11 years. She currently handles the defense of class action and mass litigation cases for them. She replaces Judge Andrea Ricker Wolfson

JUDGE RAUL CUERVO, age 63, currently a shareholder at Carlton, Fields, Jorden, Burt. He has been a member of The Florida Bar for 33 years. He currently handled the defense of insurance claims, class action suits, and commercial litigation cases. He replaces Judge Renatha Francis.

JUDGE LUIS PEREZ-MEDINA, age 58, currently an ASA at Miami-Dade’s State Attorney’s Office. He has been a member of The Florida Bar for 12 years and has worked at the SAO for his entire career. He ran for an open Circuit Court seat in 2016 in a four way race coming in second place in the primary. In the general election run-off he lost a close contest to Judge Mark Blumstein, 51%-49%. He fills the vacancy created by Judge Dawn Denaro.


SO, YOU WANT TO BE A JUDGE .....

3^RD DCA & CIRCUIT COURT & COUNTY COURT .....

THIRD DISTRICT COURT OF APPEAL:

Chief Judge Leslie Rothenberg and Judge Richard Suarez are resigning from the 3^rd DCA. As a result, the 3^rd DCA JNC is accepting applications for their replacements.

If you carefully watched the shenanigans that took place in 2016 with President Obama’s nomination of Merritt Garland to the then open Scalia seat, a nomination that was never even considered by the Senate’s Judiciary Committee for nearly a year, then you need to also think about these two open seats on the 3^rd DCA.

Over the next three months, despite the fact that Rick Scott is a lame duck Governor, he will likely appoint, or attempt to appoint a number of judges on the County Court, Circuit Court, DCAs, and yes, three open seats that will be on the Florida Supreme Court.

The 3^rd DCA JNC has provided only 19 days for applications to be submitted for the two open seats. The deadline is October 15^th. The Interviews are scheduled to take place the following week, on October 22-23. That means that Governor Scott should be receiving the finalists names on his desk on the evening of October 23, 2018. The Governor then has 60 days to choose the two replacements, with a deadline of December 22^nd.  Compare this to past history of DCA appointments by Scott and you notice that this particular appointment process has been expedited by approximately fourteen days; exactly the amount of days Scott will have remaining as Governor.   

So, in his final two weeks in office, Scott would likely be choosing the two new 3^rd DCA judges, despite the fact that, by then the Governor-Elect will have been known for a full 46 days.

CIRCUIT COURT:

With the resignation of Judge Ariana Fajardo Orshan, (she is now the US Attorney for the Southern District of Florida), Governor Scott also gets to name her replacement. Surprisingly, only ten applied for her seat. Those ten names were considered by the JNC and they have elected to interview two, consider four others who have already been recently interviewed, and not consider four others.

WILL BE INTERVIEWED ON 10/9/18:

DiRaimondo, Christina Marie
Guzman, Carlos

WILL BE CONSIDERED WITHOUT THE NEED FOR AN INTERVIEW:

Altfield, William I.
Bokor, Alexander S.
Brinkley, Tanya J.
Perez-Medina, Luis

WILL NOT BE CONSIDERED:

Barton King, Michelle
Guitian Barker, Maria A.
Cabarga, Carmen R.
Perkins, Joseph

The finalists’ names will likely reach Governor Scott’s desk on the evening of October 9, 2018 with a deadline to name Judge Fajardo Orshan’s replacement of December 8, 2018; again, a full month after the Gubernatorial Election of 2018.

With the resignation of Judge Stephen Millan, the JNC interviewed seven applicants for the open Circuit Court seat including: William Altfield, Alexander Bokor, Tanya Brinkley, Ayana Harris, Gordon Murray, Jorge Perez, and Luis Perez-Medina.

The following names have been sent to Governor Scott:

Judge William Altfield
Judge Alexander Bokor
Judge Tanya Brinkley
Ayana Harris
Luis Perez-Medina

COUNTY COURT:

With the retirement of Judge Wendell Graham, the JNC interviewed one applicant for the open County Court seat: Ariel Rodriguez. They also considered all those applicants that were interviewed for the Denaro, Wolfson, and Francis vacancies.

The following names have been sent to Governor Scott:

Julie Harris Nelson
Jonathan Meltz
Gavin N.L. White

CAPTAIN OUT .......
Captain4Justice@gmail.com

WHAT'S HAPPENING IN TALLAHASSEE .....

UPDATE: Coming tomorrow: Our first REGJB Blog Person of the week. And it will surprise you. 

THE CAPTAIN REPORTS:

SINE DIE, ON FRIDAY ......?????

Yes, those words may or may not get uttered on Friday in Tallahassee.  Normally, the end of the legislative session is deemed official with the calling out of those words.  But, as of today, it looks like the budget will not get passed by both chambers by Friday, (the only constitutional requirement the legislature has), and that means the final day of the Spring 2017 legislative session will extend into the weekend or beyond.

Some good news:

SB 118, ADMINISTRATIVE SEALING OF CRIMINAL HISTORY RECORDS has passed both chambers and is headed to the Governor's desk.  The bill,  which can be found here sets up a process whereby certain records are sealed once the opportunity for appeals has expired.  Automatic administrative sealing of records of adults and minors charged with felonies or misdemeanors can occur if a State Attorney declines to file charges, all charges were dismissed before trial, or the person charged was found not guilty. 

The bill also covers entities engaged in the business of publishing arrest booking photographs.  It prohibits them from charging a fee to remove the photos.  It provides a mechanism for the requested removal of booking photos.

SB 312, POLICE LINEUP STANDARDS FOR EYEWITNESS IDENTIFICATION, has passed both chambers and is headed to the Governor's desk.  The bill, which can be read in its entirety here requires law enforcement agencies to use lineup standards to avoid eyewitness mistakes that could lead to wrongful convictions.  Lineups will be required to be conducted by an administrator who does not know the suspect in order to ensure impartiality.  Also, witnesses should be told that suspects may or may not be in a photo or in person lineup and that they are not required to make an identification.

SO, YOU WANT TO BE A JUDGE ..............

3RD DCA

Governor Scott will be naming a replacement for Judge Linda Wells.  He has until May 30th to decide between:

Judge Monica Gordo
Judge Norma S. Lindsey
Judge Bronwyn C. Miller
Oren Rosenthal, Esq.
Judge Daryl E. Trawick
Judge Angelica Zayas

CIRCUIT COURT

The JNC will interview nine applicants on Friday, May 19, to replace Judge Robert Luck:

1:30pm Joseph Mansfield
1:45pm Raul Cuervo
2:00pm Luis Perez-Medina
2:15pm Ayana Harris
2:30pm Judge Spencer Multack
2:40pm Judge Lourdes Simon
2:50pm Judge Andrea Ricker Wolfson
3:00pm Judge Tanya Brinkley
3:10pm Judge Ivonne Cuesta

COUNTY COURT

The JNC, on the same day, will interview 16 applicants to replace Judge Victoria del Pino:
(Three applicants, Mansfield, Cuervo, and Perez-Medina, are being interviewed for both open seats).

9:30 a.m. Julie Harris Nelson
9:45 a.m. Natalie Rico
10:00 a.m. Peter Heller
10:15 a.m. Renatha Francis
10:30 a.m. Denise Martinez-Scanziani
10:45 a.m. Ramiro Christen Areces
11:15 a.m. General Magistrate Karl S.H. Brown
11:30 a.m. Christina Marie DiRaimondo
11:45 a.m. Vivianne Del Rio
NOON General Magistrate Gordon Charles Murray, Jr.
12:15 p.m. Elijah Levitt
1:00pm Steven Paulson
1:15pm Ariel Rodriguez
1:30pm Joseph Mansfield
1:45pm Raul Cuervo
2:00 pm Luis Perez-Medina

CAPTAIN OUT .......
Captain4Justice@gmail.com