TWO NEW COUNTY COURT JUDGES NAMED .......

THE CAPTAIN REPORTS:

AND YOUR TWO NEW COUNTY COURT JUDGES ARE .......

As I reported last week, the Governor was scheduled this week to name two new County Court Judges, to replace Judges Multack and Kravitz. Today, the Governor chose:

Ramiro C. Areces, age 35, a nine year member of The Florida Bar to replace Judge Shelley Kravitz. Arces worked for the firm of Jorden Burt before becoming a solo practitioner.

Elijah A. Levitt, age 39, a 14 year member of The Florida Bar to replace Judge Spencer Multack. He served both as an ASA in Miami-Dade County and an AUSA for the Southern District of Florida before becoming a solo practitioner.


Following up on Rumpole’s post from earlier today:

1:34 PM asks a great theoretical question:

Captain, what would happen if the candidates in one group had also applied through the JNC process and the governor appointed them to fill vacancies after qualifying day but before the election? Would qualifying be reopened to get candidates for the election? Or would the seat be considered vacant and the governor would get to appoint someone to fill it? 1:34 PM, Comments section.

The Captain Responds:

So, using a current race as an example, what if Milena Abreu and Mike Mirabal had both gone through the JNC process, both names had been sent to the Governor for two open seats, and the Governor picked both Abreu and Mirabal for the open seats (after May 4th, the last day to qualify, and before August 28th, the date of the election?)

Well, first, of course, Abreu and Mirabal would both become judges. Now, the problem is that both are currently running against each other in County Court Group 43, where the winner is scheduled to be decided in the August primary election.

So, with the Governor's two picks, nobody would be a candidate in Group 43.

But, what the questioner forgets is that, the seat, Group 43, is anything but vacant. In fact, Judge Joe Davis, (the current occupant of the Group 43 seat), is very much alive and well and serving out his final term which will end on January 2, 2019. Therefore, the seat is by no means open and the Governor has no power under Florida law to throw the seat to the JNC, for him to then choose the eventual replacement.

Instead, similar to when there is a death or resignation of a state house or state senate member, the Governor is authorized to call for a SPECIAL ELECTION pursuant to F.S. 100.101. The Dept. of State, pursuant to F.S. 100.111, would set the dates for the special qualifying period where new candidates can declare their intention to run for the seat. Once that qualifying period is closed, those that qualified would be the new candidates to be chosen by the voters.

Now, here is the kicker to all of that. If you follow the letter of the law, the Special Election could not occur until after August 28, 2018. Why is that? Because, F.S. 100.101 states that, the Governor cannot call for a Special Election until such time as:

(1) If no person has been elected at a general election to fill an office which was required to be filled by election at such general election.

So, after August 28th, when no candidate would have been chosen by the voters to take over the seat in January, (because there were no candidates remaining on the ballot), only then could he call the Special Election. And if you read further into the statutes, the Dept of State would likely set qualifying dates very soon after the Governor calls for the Special Election, likely in early September. And the date of the Election would undoubtedly take place on the same date as the General Election on November 6th, 2018.

Thanks for that very interesting question. We are always here to provide our readers with the answers to those burning questions, and always at Horace's disposal to handle the affairs of judicial elections, the JNC, and the like.

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

JUDGES KRAVITZ AND PHIL BLOOM HAVE PASSED AWAY

UPDATED: Judge Shelly Kravitz and Judge Phil Bloom have both passed away this week. Judge Kravitz was not someone we knew well. Here is the Herald Obit for her.
The Herald obituary mentions that she was Miami's longest serving County Court Judge-25 years and counting, and that her dedication to the election canvassing board, which is in charge of supervising recounts, was legendary.

Retired Circuit Judge Phil Bloom is someone we did know well. Here is the Herald Obit for him.  Judge Bloom was known for his humor and humanity.  As the Herald recounts, Bloom once drove to the backyard of litigants suing over the loud noises from Parrots. Bloom heard nothing and dismissed the case, not before noting that there were more important issues in the world. We knew Judge Bloom as a Judge who when presented with a first time offender, especially a young one, was open to a sentence that gave the defendant a second chance. Judge Bloom was the type of Judge you wanted as a Judge- a man guided by humility, love of humanity, some humor, and a solid knowledge of the law. Judge Bloom was named a legal legend in 2011 by the Miami Court's Historical Society. He was Judge at a time Miami was a different community, and Judges had more leeway to treat criminal defendants. Click on the Obit and read what Judges Moreno and Ward had to say about this remarkable, caring man. 
 

As to Judge Kravitz, We received two remembrances so far, which we list below: 

She was a kind, sweet and fun loving person. She loved her dad and her best friend who more like her child Lenny Kravitz (her dog). She was a great daughter, sister, friend, and judge. For me, she was always there for any question I had. We became friends about six years ago. She always told me she had an connection with us Cubans not only because she married one (her ex husband) but also because she was born in Hialeah. She joked about that often. Lastly she was a true animal lover. Many years ago she became a vegetarian not for the health benefits, but for her love  of animals. She will be truly missed by all, including me.

It's really surreal and horrible. Judge Kravitz had an impressive career and background before and while a judge. She was President of the County Judges for Florida. She was always an effective advocate for the courts. She was an exceptional educator for Florida judges. She held a position on the Canvassing Board for every election for as long as we can remember. Not a task for the faint of heart. When she saw anything wrong or amiss, she would work to fix it. Small case in point -- when she spotted a pedestrian endangerment in front of the civil courthouse, she lobbied the commission to put in a crosswalk and traffic light. If you go to her chambers, there are articles and proclamations adorning every wall (including the bathroom). Someone should review them before they just get taken down and given to family because she should be publicly recognized for all the things she has done. We all struggle with the concept of relevance and just because you did incredible things more than a year ago does not strip your deeds of meaning.  To us, Shelley was the most collegial of judges. She took an interest in all of us. Though a veteran, she treated us all as her equal and friend. Shelley and I shared a love of dogs and could talk about anything together. She was just the most generous and lovable woman. We can't register this as real because it seems so unjust.

From the 11th Judicial Circuit Website:

Throughout her 25 years on the County Court Bench, Judge Kravitz served in the Domestic Violence and Criminal Divisions, and most recently in the Civil Division.

 In addition to her work on the Bench, Judge Kravitz contributed to the legal community through the Conference of County Court Judges, where she served as past president and legislative chair for 15 years. She received the Harvey Ford Award, the highest honor bestowed by the Conference. Judge Kravitz also served as past president of the Miami-Dade Chapter of the Florida Association for Women Lawyers.

 “Judge Kravitz was not only a dedicated judge but a very caring person who devoted her time to this community and to the legal profession through her many years on the Miami-Dade County Canvassing Board and her extensive contributions to the Conference of County Court judges. Prior to becoming an attorney and judge, she was a school teacher and she continued to show her love for children by being involved in the court’s educational activities for visiting school groups. She will be greatly missed by all of us here,” said the Honorable Bertila Soto, Chief Judge of the Eleventh Judicial Circuit

Here's what we get from what we are reading: A judge who delighted in her job; who was always ready to help her colleagues, and who worked tirelessly for our community. A woman who loved animals, made friends easily, and was adored by those who knew her. What a tragic loss for our community.