THE FLORIDA BAR

MELINA BUNCOME CONSTITUTIONAL JUDICIARY COMMITTEE CHAIR

651 EAST JEFFERSON STREET

TALLAHASSEE, FL 32399-2300

850/561-5669 WWW.FLORIDABAR.ORG

Agenda Constitutional Judiciary Committee

Virtual Annual Convention Meeting June 18, 2020, 1:30 – 2:30 p.m.

Dial 1-888-376-5050 Conference code: 5621300754#

Leader PIN: 51253#

I. Welcome and Introductions

(Att. 1, CJC Roster 2019-2020)

II. Voter Guide 2020

The Guide for Florida Voters is produced in this Bar year, 2019-2020, for distribution in 2020-

2021, before the November general election. (Att. 2, Voter Guide)

◼ Gandy Printers is handling a reduced run of 50,000 as PRIDE has ongoing issues

related to COVID-19

III. Judicial Voluntary Self Disclosure

Each election year, The Florida Bar offers trial court judicial candidates a chance to post a

statement to the Bar website – noting their education and work experience with a personal

statement. Statements will be posted July 6. (Att. 3, Judicial Candidate Letter)

IV. Update on Elections/Merit Retention

▪ The Vote’s In Your Court page is posted on the Bar website. (Att. 4, TVIYC page)

▪ The Merit retention poll is on course for sending to members in August and publishing

in September.

V. Benchmarks Update

Subcommittee members review of Benchmarks presentations

VI. Annual Report

Published in the June issue of The Florida Bar Journal (Att. 5, Annual Report)

VII. Approval of Minutes

(Att. 6, 020720 CJC Winter Meeting Minutes)

VIII. Farewell and thanks to members terming off

Thomas Graham and Kenneth Joyce are both terming off after six years of service

Thomas Graham Kenneth Joyce

IX. New Business

Welcome to new committee leadership:

Chair: Bonnie Sockel-Stone

Vice Chair: The Hon. Gary Flowers

Vice Chair: David Silver

X. Adjournment

June 14, 2020

CONSTITUTIONAL JUDICIARY COMMITTEE

2019- 2020

▪ Melina Buncome, Chair

Jacksonville

▪ Richard Harry Levenstein, Vice

Chair; Palm Beach Gardens

▪ Stephanie Marusak Marchman

Board Liaison; Gainesville

▪ Hon. Augustus Davis Aikens Jr.

Tallahassee

▪ Jeffrey Alan Albinson

Tampa

▪ Magistrate Alvan Balent, Jr.

Miami

▪ Hon. Alexander Spicola Bokor

Miami

▪ Pam Elaine Booker

Westlake

▪ Hon. Tina L. Caraballo

Orlando

▪ Lisa Helen Chittaro

Sarasota

▪ William Gene Cole

Tampa

▪ Alexis Marie Connell

Tampa

▪ Jeff Cynamon

North Bay Village

▪ Joseph T. Eagleton

Tampa

▪ Erik Matthew Figlio

Tallahassee

▪ Thomas D. GrahamMiami

▪ Jeremiah Mahlon Hawkes

Tallahassee

▪ Kenneth Joseph Joyce

Fort Lauderdale

▪ Hon. Edward Camille LaRose

Tampa

▪ Hon. Gisela Then Laurent

Orlando

▪ Linda Marie Leali

Fort Lauderdale

▪ Alexander James Monje

Coral Gables

▪ Joseph Daniel Pickles

Jacksonville

▪ Hon. Cymonie S. Rowe

West Palm Beach

▪ Oscar A. Sanchez

Miami

▪ Jason David Silver

Fort Lauderdale

▪ Alberto F. Tellechea-Hermida

Winter Park

▪ Rebecca Marie Vaccariello

Naples

▪ Katherine Grace Van de Bogart

Fort Lauderdale

▪ Hon. Joseph Monroe Williams

Macclenny

▪ Lydia Sturgis Zbrzeznj

Winter Haven

Att. 1

“Judges rule on the basis of law, not public opinion, and they should be totally “Judges rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times.”indifferent to pressures of the times.”

— Warren E. Burger, chief justice, U.S. Supreme Court, 1969-1986— Warren E. Burger, chief justice, U.S. Supreme Court, 1969-1986

ELECTION DATES 2020:Primary – Tuesday, Aug. 18General – Tuesday, Nov. 3

ANSWERS TO YOUR QUESTIONS ABOUT FLORIDA JUDGES, JUDICIAL ELECTIONS AND MERIT RETENTION

Att. 2 (1-6)

1. Why am I being asked to vote on judges?Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections every six years so voters can determine whether they should remain on their courts for another six-year term. These are called “merit retention” elections. This year, one Supreme Court justice and 24 appeals court judges will be on the ballot.

2. What do “Yes” and “No” votes mean?A “Yes” vote means you want the judge or justice to remain on the court for another six-year term. A “No” vote means you want the judge or justice to be removed from the court. The majority of voters decides.

3. Do appeals court judges and Supreme Court justices have opponents?No. Your vote determines whether each judge or justice should remain on the court. They are not running against opponents or each other. Merit retention elections are nonpartisan. In nonpartisan elections, candidates appear on the ballot without reference to any political party, (e.g. Democrat or Republican). Florida law requires judicial elections to be nonpartisan in order to preserve impartiality.

4. How do appeals court judges and Supreme Court justices get on the court?The governor appoints judges or justices from lists submitted by Judicial Nominating Commissions, which screen candidates and make recommendations based on their merits. Newly appointed judges go on the ballot for the first time within two years after appointment. If the voters retain them, they then go on the ballot again every six years.

5. Which courts are subject to merit retention elections?The Florida Supreme Court and the five District Courts of Appeal are subject to merit retention elections.

6. Can judges who commit unethical acts be removed from office?Yes. This can happen after an investigation by the Judicial Qualifications Commission. The JQC (www.floridajqc.com) is an independent agency created through the Florida Constitution to investigate alleged misconduct by Florida state judges. Through this system, judges have been removed from office.

Frequently asked questions about merit retention elections

continued . . .

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7. Can appeals court judges and Supreme Court justices state their views onissues that may come before them?Canon 7 (https://tinyurl.com/FloridaCanon7) of the Florida Code of Judicial Conduct forbids judges and justices from saying how they will decide future cases. Judges and justices must remain impartial and decide cases without regard to their personal views or beliefs.

8. Can I read the opinions of the judges and justices in cases they decided?Yes. Records of judges’ decisions can be found on the decision pages of the websites for the District Courts of Appeal and the Florida Supreme Court, accessible through the Florida Courts section of www.flcourts.org.

9. Can I watch videos of the justices and appeals court judges at work?Yes. Court arguments are webcast live and archived on court websites.

10. How can I learn more about judges’ and justices’ backgrounds?Biographies are on court websites and accessible through The Florida Bar website; search for TheVotesInYourCourt. www.floridabar.org/TheVotesInYourCourt.

11. How did Florida decide to use the merit retention election system?In the mid-1970s, Florida voters overwhelmingly approved a constitutional amendment requiring that the merit retention system be used for all appellate judges. This happened in response to public concern over abuses under the former system of contested elections.

12. Where can I find results from prior merit retention elections?The Florida Division of Elections maintains a searchable database of election resultssince 1978. Merit retention elections occur only during general elections in evennumbered years if any appeals court judges or Supreme Court justices arenearing the end of their terms (www.dos.myflorida.com/elections).

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1. What are the differences between a county judge, a circuit judge and anappellate judge?In Florida, both county and circuit judges are trial judges. County judges hear criminal misde-meanors – those are crimes that have possible sentences of up to one year in jail – and civil cas-es in which the amount in dispute is $30,000 or less. Circuit judges deal with criminal felonies,domestic relations, juvenile matters, probate issues and civil cases in which the disputed amount is greater than $30,000. Judges on the five District Courts of Appeal and the Florida SupremeCourt review the decisions of county and circuit trial courts.

2. What is a “nonpartisan” election?In nonpartisan elections, candidates appear on the ballot without reference to any politicalparty (e.g. Democrat or Republican). Florida law requires judicial elections to be nonpartisanin order to preserve the impartiality of the judge’s position.

3. Why are county and circuit judges elected in Florida?Florida law requires an individual seeking a position as a county or circuit judge to qualify asa candidate for a judicial election. Once qualifications are met, candidates may run in nonpar-tisan elections.

4. Are all judges elected in Florida?No. Currently, most circuit and county court judges are elected. If there is a mid-term vacan-cy – for example, if a judge retires, resigns or dies before the end of the judge’s term – thegovernor fills the position by appointment. Additionally, Florida Supreme Court justices andDistrict Court of Appeal judges are appointed by the governor and then run in merit retentionelections to stay in office.

5. Why are judicial elections not held in November during general elections?Most judicial races appear on the primary ballot and then on a subsequent ballot in the general election only if no candidate receives a majority of votes during the primary. While this meansthat many judicial races never appear on the general election ballot, it allows for the secondround of voting during the general election if necessary.

6. Why don’t judges campaign on platforms?Judicial candidates are prohibited from making predictions and promises about issues thatcould arise once they are on the court because their job is to make impartial decisions thatrelate to the law on the cases before them.

A GUIDE FOR FLORIDA VOTERS:Ques tions and answers about Florida judges and judic ia l elec tions

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7. What are the qualifications for running for a judicial seat?A person is qualified to run for judicial election after earning a law degree from a law school accred-ited by the American Bar Association. All candidates for trial judge also must be members of TheFlorida Bar for at least five years. Appellate judges must be members of The Florida Bar for at least10 years. Furthermore, judicial candidates must live in the geographic areas they will serve whenthey take office.

8. How long is the term of a judge?Circuit judges and county court judges are elected for six-year terms. To retain their seats, they mustbe re-elected. Judges who were appointed to county or circuit court through a vacancy must sit forelection at the end of the remainder of their appointed terms. Appellate judges, appointed by thegovernor, run in merit retention elections for six-year terms.

9. Do judges have term limits?No, judges do not have limits on the number of times they may be elected. However, judges maynot serve in Florida past the age of 75 except upon temporary assignment.

10. Why is it important to vote in judicial elections and merit retention elections?Florida requires that judges be elected or retained by the voters, so the power over who holds theseimportant positions rests with the voters. Judges make decisions on a wide range of issues largeand small including traffic, small claims, landlord-tenant, personal injury, criminal, death penalty,probate, guardianship and others.

11. What exactly does a judge do?Trial judges preside over trials and hearings. In court, judges make decisions on the acceptabilityof testimony and evidence. Judges also ensure that jurors understand the law. When a jury is notrequired, the judge decides the case based on applicable law and the judge’s knowledge of thelaw. District Court of Appeal judges decide appeals of trial court decisions. Supreme Court justicesdecide death penalty appeals and appeals from decisions of the appellate courts; resolve conflictsamong appellate courts; and oversee the administration of Florida’s court system.

12. What makes someone a “good” judge?Judges must be impartial and fair, and understand the law. All judges may deal with cases that areeither civil or criminal in nature. Knowledge in one particular area is not more important than theother. Judges should be selected based on their legal abilities, temperament and commitment tofollow the law and decide cases consistent with a judge’s duty to uphold the law regardless of his orher personal view.

A GUIDE FOR FLORIDA VOTERS:Ques tions and answers about Florida judges and judic ia l elec tions

2 ( 5 )

This guide has been prepared as a public service byThe Florida Bar and its Constitutional Judiciary Committee.

For free copies, please contact: The Florida Bar Communications Department

at (850) 561- 5834 or by email: votersguide@floridabar.org.

Learn more about judicial candidates• The Florida Bar Voluntary Self-Disclosure Statement allows judicial candidates to

publish statements at www.floridabar.org/JudicialCandidates.

• The Florida Bar webpage – www.floridabar.org/TheVotesInYourCourt – hasinformation about appellate judges and Supreme Court justices..

• News organizations provide information and occasionally endorse candidates.

• Local bar associations may conduct and publish judicial polls to assist voters inmaking better-informed decisions on judicial candidates.

Benchmarks: Raising the Bar on Civics Education is a Florida Bar program that helps to educate the public about the court system, the

rule of law and our rights. Learn more at www.floridabar.org/benchmarks. If your civic or community group wants to request a Benchmarks speaker, please contact The Florida Bar Speakers Bureau (www.floridabar.org/speakersbureau) at

Speakerrequest@floridabar.org

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This Vote’s in Your Court is a resource for voters regarding judges and judicial elections. It

includes the “Guide for Florida Voters,” an easy-to-read, nonpartisan brochure about the

courts, the role of judges and the merit retention process. This page also

includes biographies of the jurists facing merit retention in November and results of the

Bar’s merit retention poll of in-state members. It also links to statements submitted by

trial court judicial candidates, and includes additional voter resources. For copies of the

“Guide for Florida Voters,” send us an email.

Important Election Dates for 2020

July 20 Deadline to register to vote in the August primary

Aug. 8-15 Early voting for August primary

Aug. 18 Primary

Oct. 5 Deadline to register to vote in the November General Election

Oct. 24-31 Early voting for the General Election

Nov. 3 General Election

For more information about Election Dates including send deadlines, visit the Division

of Elections online.

Florida Bar Merit Retention Poll

The statewide merit retention judicial poll for Florida Supreme Court justices and District

Courts of Appeal judges is conducted every two years by The Florida Bar. In-state

members are asked to rate judges and justices who are up for retention votes and of

whom they have direct knowledge. The merit retention poll is supervised by the

Constitutional Judiciary Committee of The Florida Bar. The 2020 poll will be conducted

in August with results published in September.

Att. 4(1-4)

Merit retention poll results from 1978-2018

Voter Guide

Florida law requires Florida Supreme Court justices and appeals court judges to be

placed on the ballot in nonpartisan elections every six years, so voters can determine

whether the judges or justices should remain on their courts for another six-year

term.These are called ‘merit retention’ elections. In 2020, one Supreme Court justice

and 24 of the state’s appeals court judges will appear on the ballot.

The 2020 Guide for Florida Voters answers questions such as:

• What is the difference between a county and circuit court judge and an appellate judge?• Why is it important to vote in judicial elections and merit retention elections?

• What exactly does a judge do?

Download the 2020 Guide for Florida Voters

Read the text-only version

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Merit Retention Biographies

Every two years, The Florida Bar provides biographies of District Court of Appeal judges

and Florida Supreme Court justices in merit retention elections. This year, one Supreme

Court justice and 24 District Court of Appeal judges will be on the Nov. 3 General

Election ballot in merit retention elections.

• Florida Supreme Court• 1st DCA• 2nd DCA• 3rd DCA• 4th DCA• 5th DCA

JUSTICE CARLOS G. MUÑIZ

Muñiz was appointed to the Florida Supreme Court by Gov. Ron DeSantis in January

2019. Before joining the Court, he served on the staff of U.S. Education Secretary Betsy

DeVos as the presidentially appointed, Senate-confirmed general counsel of the U.S.

Department of Education. In addition to working as an attorney in the federal

government and in private practice, Justice Muñiz had an extensive career in Florida

state government. He served as the deputy attorney general and chief of staff to

Attorney General Pam Bondi; as deputy chief of staff and counsel in the Office of the

Speaker of the Florida House of Representatives; as general counsel of the Department

of Financial Services; and as deputy general counsel to Gov. Jeb Bush. Justice Muñiz is

a graduate of the University of Virginia and of Yale Law School. After law school, he

clerked for Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit

and for Judge Thomas A. Flannery of the U.S. District Court for the District of Columbia.

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Voter Resources • Judicial Candidate Voluntary Self-Disclosure Statements: The statements, offered

every two years by The Florida Bar’s Constitutional Judiciary Committee, give county

and circuit judicial candidates the opportunity to share information about their

education, credentials and other relevant information with voters. These statements

will be posted on The Florida Bar website on July 6.

• The Florida Division of Elections has information about candidates, election laws and

more.

• Sources of authority and guidance regarding political activity by judges and judicial

campaigns. This page includes links to many of the laws, rules and opinions governing

candidates running for judicial office.

• Canon 7 of the Florida Code of Judicial Conduct

• Florida Supreme Court page on merit retention

Florida Supreme Court and Appellate Courts decisions

Learn more about the opinions handed down by the Florida Supreme Court and the

state’s five appellate courts:

• Florida Supreme Court decisions• 1st District Court of Appeal decisions

• 2nd District Court of Appeal decisions

• 3rd District Court of Appeal decisions• 4th District Court of Appeal decisions

• 5th District Court of Appeal decisions

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Constitutional Judiciary Committee

2019 – 2020

Submitted by Melina Buncome, Chair

The Constitutional Judiciary Committee’s dedicated objective is to strengthen the public’s

understanding of the role of the judicial branch of government, the constitution, the rule of

law, and the role of judges and juries in the administration of justice. To this end, the

committee:

1) Oversees Florida Bar projects having to do with elections and informing the public about

the judiciary. Those include The Florida Bar Merit Retention Poll, the Guide for Florida

Voters, and Judicial Candidate Voluntary Self-Disclosure Statements that trial court judges

get to post to The Florida Bar website.

2) Oversees The Florida Bar’s adult civics education program: Benchmarks: Raising the Bar

on Civics Education.

3) Formerly oversaw the Confidential Judicial Feedback Program.

• The Florida Bar Guide for Florida Voters — Published in elections years, The Guide for

Florida Voters answers questions about judicial elections such as: What is the difference

between a county, circuit, and an appellate judge? Are appeals court judges and Supreme

Court justices elected? Why is it important to vote in judicial elections and merit retention

elections? What is merit retention?

To prepare for the 2020 election, a subcommittee reviewed the guide’s content and format

and suggested changes for the fifth edition. Thanks to Richard Levenstein for chairing this

subcommittee and the members, Rebecca Vaccariello and Judge Joseph Williams.

In its fifth edition this year, the guide consists of six pages. It will be printed in English and

Spanish. The goal is to distribute 100,000 copies statewide through county supervisors of

elections, public libraries, voluntary bar associations, and local civic and political groups.

Groups that want copies should request them by sending an email

to votersguide@floridabar.org. The 2020 version should be available in early June.

Att. 5 (1-3)

• The Vote’s in Your Court — The committee oversees The Vote’s in Your Court page on The

Florida Bar website. The page will serve as a hub for election-related information, posting

results of The Florida Bar Merit Retention Poll, links to The Guide for Florida Voters, and

other voter resources and judicial biographies of the one Supreme Court justice and 24

appellate jurists who will be on the ballot Nov. 3 in merit retention elections.

• Merit Retention Poll — The Florida Bar considers it vitally important to attract and retain

appellate court judges and justices with the highest qualifications to ensure that Florida’s

courts have the confidence and respect of all Floridians. To this end, since 1978, the Bar has

polled members to gain their opinions about appellate jurists on the ballot in merit retention

elections and then widely publishes information to help inform voters.

In 2018, for example, through Election Services Co. of New York, 76,529 ballots were

distributed to in-state Bar members, and 5,239 lawyers (6.85%) took part in the poll. That

participation rate, only slightly less than in previous years, was not unexpected, considering

that the confidential poll asks for direct knowledge of appeals court judges and Supreme

Court justices. Only responses by lawyers saying they have considerable or limited

knowledge of the judges are included in poll results. Results two years ago showed support

for all 18 jurists on the merit retention ballot to be retained.

The Bar’s merit retention poll is a valuable resource for the public and media with many

media outlets publishing both news stories about the poll as well as editorials.

• Judicial Candidate Voluntary Self-Disclosure Statements — This program was initiated a

decade ago to assist the public in making educated decisions when voting for judicial trial

court candidates and will be used for the 2020 primary and general elections. After

qualifying ends in April, judicial candidates for county or circuit seats will be invited to

submit 10-page statements with information about their backgrounds as well as personal

statements. The statements will be posted on the Bar’s website.

This year, the committee appointed a subcommittee to review and suggest possible changes

for this valuable voter education program. Subcommittee members were Chair Judge

Augustus Aikens, Joseph Eagleton, Richard Levenstein, and Judge Joseph Williams.

• Benchmarks — Raising the Bar on Civics Education is a pioneering Florida Bar program

that offers attorneys civics education presentations they can use when they are invited to

speak to adult civic, community, and religious groups. All Benchmarks materials are

available at www.floridabar.org/Benchmarks. Attorneys either attend a seminar to

learn how to make Benchmarks presentations or watch a webinar. Presentations are

grouped under Constitution and the Bill of Rights, courts and the judicial branch, and special

topics.

Benchmarks support Objective 1 in The Florida Bar’s Strategic Plan to educate the public

about the role of the courts system and the need to maintain a fair and independent

judiciary. The committee accomplishes this goal through hosting seminars to train

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attorneys, recording webinars, and having committee members make presentations in their

communities.

To understand more about how the program can be effective, the committee this year

surveyed Bar members who have attended Benchmarks trainings. The committee also plans

to offer training at the annual convention. Going forward, the committee wants to use social

media to engage Florida Bar members about Benchmarks and find additional ways to create

a wider market for the program.

• Confidential Judicial Feedback Program — This year, following a recommendation from the

committee, the Program Evaluation Committee recommended to the Board of Governors

that this program for attorneys to give confidential feedback to judges be discontinued. The

BOG adopted the recommendation at its meeting in January. While the program had a

laudable goal of giving needed feedback to judges, attorneys rarely participated.

Thanks to The Florida Bar leadership for appointing attorneys to this committee who are

willing not only to attend meetings but also to teach fellow Floridians about the importance

of the courts and the rule of law by making Benchmarks presentations. I thank and

commend Annette Pitts for her dedication and support of Benchmarks and Vice Chair

Richard Levenstein, who participates in training attorneys for Benchmarks, both in Florida

and in other states that have adopted programs modeled after Benchmarks. Richard’s

dedication to the committee’s work and continued support are most welcome.

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Dear Judicial Candidate:

The Florida Bar supports a high-quality judiciary and is committed to educating the public

on the legal system. Therefore, the Constitutional Judiciary Committee offers The Florida

Bar Judicial Candidate Voluntary Self-Disclosure Statement, which allows you to provide the

public information on your qualifications for judicial office. The statement also allows you to

respond to requests for information from individuals or groups by directing them to

www.floridabar.org/judicialcandidates beginning Monday, July 6, to access your information.

In order to expedite delivery of this letter, it is being emailed to you along with The Florida

Bar Judicial Candidate Voluntary Self-Disclosure Statement form. You can also request it

from judges@floridabar.org.

Instructions:

▪ Please read the information in the statement overview concerning Canon 7 before

completing the form and refer to Canon 7 for additional guidance. Candidate

statements are governed by Canon 7 of the Code of Judicial Conduct.

▪ Save the 10-page statement form to your computer before filling it out.

▪ Type in your answers and then save the completed form.

The Florida Bar does not attest to the accuracy of the self-disclosure statements, but you

must certify that the information is correct. The disclosures are not endorsements by The

Florida Bar.

Submit your completed statement to judges@floridabar.org by 5:30 p.m. on Monday,

June 22. Late submissions will not be accepted.

All statements for 2020 received by the deadline will be posted on the Bar’s website for easy

access by the voters and the media from July 6 through the general election in November. If

you have any questions, please email Susannah Lyle at slyle@floridabar.org or call her at

(850) 561-5559 or (850) 339-0203.

Thank you for participating in this important program to educate the public.

Sincerely,

John Stewart Melina Buncome, Chair

Florida Bar President Constitution Judiciary Committee

Att. 3

THE FLORIDA BAR MELINA BUNCOME

CONSTITUTIONAL JUDICIARY COMMITTEE CHAIR

651 EAST JEFFERSON STREET

TALLAHASSEE, FL 32399-2300 (904) 255-4614

WWW.FLORIDABAR.ORG

Minutes

Constitutional Judiciary Committee

Hyatt Regency Orlando Feb. 7, 2020

10:30 a.m. – 12:30 p.m.

Attending: Melina Buncome, chair; Richard Levenstein, vice chair; Judge Augustus Aikens,

Magistrate Alvan Balent, Pam Booker, Gene Cole, Judge Gisela Then Laurent, Alexander

Monje, Joseph Pickles, Al Tellechea-Hermida, Rebecca Vaccariello, Katherine Grace Van de

Bogart, Judge Joseph Williams and Lydia Zbrzeznj

Excused: Alexis Connell, Joseph Eagleton, Judge Cymonie Rowe and Jason Silver

Guests: Michael Tanner and Renee Thompson, candidates for president-elect of The Florida

Bar

Staff: Francine Walker, director of Communications, TFB; Susannah Lyle, staff liaison

I. Call to Order

The meeting was called to order at 10:30 a.m. by Chair Melina Buncome with 14 attending,

four excused, two guests and two staff.

II. Minutes

On a motion by Magistrate Alvin Balent and seconded by Richard Levenstein, the committee

approved the minutes of its Fall and Annual Convention meetings. The only correction was

listing Balent as a magistrate and not as a judge.

III. Judicial Candidate Voluntary Self-Disclosure Statement

The committee approved the Judicial Candidate Voluntary Self Disclosure Form, which it had

previously reviewed, to be sent to trial court candidates, giving them an opportunity to post

a statement on The Florida Bar website. The form will be sent to candidates after qualifying

ends and will be posted to the Bar’s website in July.

IV. Guide for Florida Voters

The Florida Bar Guide for Voters was approved with previous approved changes.

V. Visit from Michael Tanner, candidate for president-elect

Tanner, who has a trial practice in the Fourth Circuit and is a member of the Board of

Governors, thanked the committee for its time.

Att. 6 (1-6)

He said he had two primary messages. The ballots will come out three weeks from today.

He said in past elections, most Bar members opted for paper ballots, over electronic. But

whichever way members cast a ballot, he urged them to vote because he said it is

important for whoever is elected as president and to BOG positions to have a mandate from

members.

Speaking as a member not a candidate, he said, the most important issue facing the Bar in

its 70-year history is the fallout from the Janus decision. The lower court decisions have

been supporting mandatory bars; they are following precedent. But, he said, it will be the

Supreme Court that will ultimately decide if the First Amendment allows mandatory Bars.

If the decisions go against mandatory Bars, Tanner said it is important to have Bar leaders

at every level – from president to Board of Governors and Section and Committee leaders –

to be thinking about how the Bar would adapt in a post-unified environment. The critical

issue would be keeping lawyer regulation under the Supreme Court. The second issue for

leaders would be: How would the Bar take everything it does – all the programs that are

paid for with mandatory fees – and pay for that with voluntary fees at whatever percentage

of members join. He said, it was important to have Bar leaders who were experienced in

dealing with other branches of government.

VI. Elections/merit retention

The liaison reviewed the timeline for the elections issues that the committee oversees. The

2020 merit retention poll will be conducted by Elections Services Corp., which handles Bar

elections. Ballots for the poll will go out in August and results will be published in

September. Attached to the agenda is a list of the appellate candidates who will be on the

merit retention ballot. A page on The Florida Bar website will have the bios of the judges in

merit retention election and links to other election resources, including the Guide for Florida

Voters.

VII. Judicial Feedback Program

Chair Buncome reported that the Judicial Evaluation program, which the committee

oversaw, has ended. An attachment to the agenda has both the Program Evaluation

Committee review of the program and a Florida Bar News article about it. The program,

which struggled for years to gain support from attorneys as reflected in the low participation

figures, was officially ended last month. A member questioned whether the program had

been transferred, but Buncome reported that was not the case. The committee had

recommended ending the program last year, and the BOG adopted the recommendation

from the PEC to that effect on Jan. 31

VIII. Benchmarks survey

Attached to the agenda are the results of the Benchmarks survey of members who had

taken Benchmarks trainings between 2011 and 2019 (Attachment 4). Buncome said that

when Michael Tanner mentioned that in the last Bar election, 92 percent of members opted

for paper rather than electronic ballots, she thought of this survey, which was conducted

electronically and sent to more than 580 members, with 60 responding.

Overall, Buncome said, the results were good. More than half who took the trainings went

on to make presentations and presented to an array of organizations. And it wasn’t just one

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presentation members used, she said. They used different Benchmarks presentations

depending on which group they were speaking to. In section 10, the comments were mostly

positive about the trainings provided by the committee, the presentations themselves and

the availability of materials.

Buncome asked if committee members had any input about the survey. Judge Laurent said

for a presentation she gave, she translated slides into Spanish, but she said it was a

struggle to do so with the PowerPoint slide graphics. She said she would love to have the

presentations translated into Spanish. The committee discussed the possibility of translating

presentations into Spanish and some of the issues involved. Al Tellechea mentioned the

various versions of Spanish – certain words for a Puerto Rican audience, he said, don’t

translate the same to someone from Colombia or Cuba. That’s a caution the committee

needs to consider going forward as it considers translating the presentations into Spanish.

As someone who had lived in Puerto Rico and with a Cuban background, Tellechea said he

would review the translations.

Judge Laurent said she practiced criminal law for 14 years and sat on the criminal court for

two years before moving to civil. She said it was a heartache to see Caribbean defendants

struggling to understand the court translators, who spoke a version of Spanish from Spain.

When her court asked her to do the translation for initial appearances, she brought in her

own scriptwriter rather than relying on one provided by the court. Buncome mentioned

Creole – that the problem was the same with different variations. Balent said before editing

for various versions of Spanish, the committee first needed to get the translations done.

Richard Levenstein said the Benchmarks subcommittee could take on the issue. Judge

Laurent said she would like to do more presentations in Spanish. Currently she is presenting

twice a year.

IX. Visit from Renee Thompson, candidate for president-elect

Renee Thompson thanked the committee for giving her time to speak to them. She

reviewed the election procedures that will be used – with members having a chance to vote

either by a paper ballot or an electronic one. Electronic ballots will come out the first week

in March, she said, and if members don’t go that route, they will have a paper ballot to send

in. Whichever method members use to vote, she said, there will be a three-week

turnaround time to return the ballot.

Currently Thompson serves on the Board of Governors and has done so for eight years.

She described herself as a hands-on leader. She originally started in the Young Lawyers

Division and served there for eight years, eventually becoming president. After the YLD, she

went to the BOG and has served in various leadership positions including chairing the

Technology and Budget committees. Thompson said she has a passion for solo and small

firms, and she is committed to making sure they have the practice resources they need.

She opened her own firm four years ago, she said, because she wanted to do a lot more

mediation. She realized how important it was not only to have trust accounting software for

members but to build out the Bar’s Lawyer Referral Service. She has worked on that project

and said the Bar now has an online platform that can connect attorneys with clients from all

over the nation. She wants to continue those projects from a position of leading the Bar.

Thompson said she also worked with the inaugural class of the Leadership Academy.

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X. Benchmarks continued – tracking presentations

Buncome said the committee needed to find a way to log which presentations are being

made. The committee needs to be able to track, when, where and to whom presentations

are being made. Going back to the survey, she said, some of the comments made said that

the presentations had been made so long ago, they didn’t remember some of the details.

Buncome said there needed to be a method that members could log-in and record that

information that would then be available to the committee to efficiently track the program.

Buncome asked members for their thoughts. Balent said sometimes he puts together pieces

from the various presentations. How would that be recorded. Buncome said that could be

recorded as an “other.”

One issue is that the Bar is not assigning presentations. With Benchmarks, members seek

their own speaking opportunities. The presenters will have to log-in to record the

information. Judge Laurent noted that currently members log in to record CLEs. The

possibility of a specific app was suggested. Balent said with an app, members would have to

download that. And he didn’t see that would work for the occasional presentation members

would make. It would be easier to have a form available when presenters go on the website

to download the presentation materials. There could be a pop-up that connects with

members at that point – and there needed to be follow-up within the month. Judge Aikens

agreed with Balent’s idea – that when a presenter logs on to get a Benchmark presentation,

they should be asked to enter information about their upcoming presentation. Balent said

the committee needed to careful about not seeming to ask for too much information and

suggested some way of linking to applying for CLE credit.

Levenstein suggested having the Benchmarks subcommittee consider these issues.

Buncome said she has been in the situation of making a presentation but then not logging

on to get CLE credit because she didn’t need the credits.

She had challenged committee members trained in Benchmarks to make two presentations

before June. Judge Williams noted toward that end, it would be helpful for the committee

itself to get reminders of which members had made presentations. That would give a

running awareness of what is happening with the program and committee member

participation. Until a method of tracking is available, members can notify the liaison when

they make a presentation. Buncome said she has already made one presentation and had

another lined up for April. Judge Laurent said she had given two presentations and had an

additional one coming up. Judge Williams suggested members send in a photo as well

information about who they presented to when they make a presentation.

Buncome said another idea she has is to make a video about Benchmarks and its

importance to the community. Judge Williams suggested having a social media account,

where members could Tweet: “I’m here at the Rotary making a Benchmarks presentation.”

Buncome said Instagram or Twitter were probably the better social media vehicles to

convey that type of information. Judge Laurent said Facebook was a good platform as well.

Judge Williams asked if The Bar has a dedicated social media staffer. The liaison said the

Bar did but handling a Facebook account was something a liaison could handle. Judge

Laurent said she was on the Professionalism Committee and when a posting is made to its

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Facebook, there is a method that allows it to be posted to all the social media accounts.

Judge Williams made a motion to have the committee undertake a social media account

managed by the staff. The motion was seconded and adopted.

Judge Williams was added to the Benchmarks subcommittee, which is chaired by Richard

Levenstein, with Chair Buncome, Judge Aikens, Magistrate Balent, Pam Booker, Judge

Cymonie Rowe and Jason Silver.

XI. Benchmarks going forward

Communications Director Francine Walker discussed the letter sent to the committee last

summer regarding Benchmarks. She said in reviewing the minutes, she wanted to clarify

that the letter sent to the committee was a recommendation from a business management

standpoint about a program that needs to be accountable to TFB and not just the

Constitutional Judiciary Committee. This is true for all Bar programs she said, and while

there isn’t a significant budget amount for the program, there is staff time. She said she

relies on the committee to give her the information that she can report to the

Communication Committee and the Board of Governors about the program’s performance.

She said she will work with committee members and she had worked on some of the data

pull for the survey and is available to assist the committee. Her goal is to make the program

better and more accountable.

From a business managers standpoint, she said, and with the significant change not just to

Benchmarks but to how other Bar programs are being managed following the closure of the

Florida Law Related Education Association, the Bar has to make sure the programs are still

being supported and being reviewed to make sure they are viable programs. For instance,

she said, there were still Benchmarks documents posted that referred to the Florida Law

Related Education Association, and that organization no longer exists. She apologized if the

tone of her letter had offended members. But she said she was only trying to do what is

best for the Bar. Buncome thanked Walker for attending the meeting, and said the

committee is taking those concerns into consideration and is moving forward to advance the

program.

Judge Williams said he was unaware of what had happened with the Florida Law Related

Education. Buncome agreed, saying she and others were unaware of the distinction between

The Florida Bar and the FLREA. Levenstein said the FLREA was an organization but was

essentially Annette Pitts, the primary developer of the Benchmarks presentations.

Judge Williams asked what would take the place of the FLREA regarding Benchmarks.

Buncome said she had planned to discuss this under new business: What will be developed

for Benchmarks going forward and who will develop them. Balent said staff was needed to

develop those programs. Judge Williams asked what would happen to the funds that had

gone to the FLREA. Walker said the contribution the Bar had been making to the FLREA had

been redirected in part to the Supreme Court for its teacher training program, which also

had been handled by the FLREA. And the rest of the funds would be available through the

Board of Governors by request. This year it went to the Trial Lawyers Section Teachers

Institute. A subcommittee of PEC looked at what the Bar was doing regarding civic

education and said it was good to support programs that taught teachers how to teach

civics. Benchmarks, of course, is different, aiming to reach adults regarding civics

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education. If a consultant needed to be hired to do that work, a request could be made.

Before the BOG does that, the committee needed to show how many people the program is

reaching. Members said in its regular meetings presentations were continually reviewed.

Buncome said she felt that ongoing review of presentations had been reflected in committee

minutes.

Since last summer, Benchmarks trainings had been canceled. Members were concerned that

fewer trainings would undercut the reach of the program. Balent said the BOG could now

see the committee had a good review process in place and a survey showing positive

support for the program. The committee discussed reaching out to Annette Pitts to see if

she would be available in the consulting role and assigning individual Benchmarks

presentations for review. Buncome asked members to send an email to the liaison about

what Benchmarks presentation they wanted to review.

XI. Adjournment

With no further business, the committee adjourned

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