FLORIDA BAR JUDICIAL CANDIDATE VOLUNTARY SELF-DISCLOSURE STATEMENT

Transcription

1 FLORIDA BAR JUDICIAL CANDIDATE PLEASE BEAR IN MIND YOUR OBLIGATIONS UNDER JUDICIAL CANON NO.7 IN PROVIDING ANSWERS TO THIS QUESTIONNAIRE. THE FLORIDA BAR DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR ANSWERS NOR WILL THE BAR EDIT YOUR ANSWERS TO COMPORT WITH THE CANONS. Name: Don Barbee Jr. Date disclosure statement completed: June 5, 2018 Judicial position sought: Circuit Judge, Circuit 5, Group 4 5th Judicial Circuit Jurisdiction: Jurisdiction(s) in which admitted to practice law: Jurisdiction Date Admitted Florida July 1999 Florida Bar No Years admitted to practice law: Years in the legal profession: Personal Statement: In 100 words or less, without discussing any particular issue that may come before you as a judge, explain why you believe you would be a good judge: The simple answer is diversity of experience. In my role as the elected Clerk of Circuit Court, and previously as Director of Court Services on behalf of my predecessor, I have watched and listened to the many praises and criticisms of the judicial branch. I have also served for the last 3 years on the Judicial Nominating Commission exposing me to the characteristics and qualifications our legal community would like to see on the bench. This unique perspective will allow me to truly continue to serve our customers. I worked closely with my local bar association and as vice chair of the Florida Courts E-Filing Authority to implement what has become an example of technological efficiency respected throughout the country. Acting as my own general counsel, I have assisted my team in all 10 court divisions, plus financial services, audit services and official records, to interpret and implement the thousands of statutes and court rules applicable to my office. Prior to joining the Clerk's Office, I served as the supervisory assistant state attorney for Hernando County overseeing a staff of 10 attorneys, 17 support staff and thousands of criminal prosecutions. I served my country as a special agent and assistant division counsel for the FBI and served my community as a police officer, college professor and private practice attorney. I have had a truly blessed career and would be honored to continue my service as the next Circuit Judge of the 5th Circuit. 1

2 Prior Candidacy in Judicial Election(s): If you have run in an election for judicial office before, please list the court, relevant date(s) and position: Court Relevant Dates Position Prior and/or Current Judicial Experience: If you have held judicial office, please state the Courts involved, the dates of service, and the office: Court Relevant Dates Office Number of evidentiary hearings, trials and/or oral arguments over which you have presided: Please provide the number of jury trials and the number of bench trials over which you have presided. Current judges may respond to the following questions regarding legal practice only with reference to pre-judicial legal experience. Area(s) of practice: Civil Criminal Government Other 2

3 Please list the primary areas in which you have specialized or have legal expertise and allocate a percentage of your practice to each area Clerk of Court and General Counsel (35% Criminal, 65% Civil/Family including foreclosures, tax deeds and employment) State Attorney's Office (100% Criminal) FBI (95% Criminal, 5% Civil including forfeiture and employment) Private Practice (100% Civil, predominantly labor, employment and civil rights litigation) Number of evidentiary hearings, trials and/or oral arguments in which you have participated as legal counsel: As a felony prosecutor and supervisor of the State Attorney's Office, I was responsible for the prosecution of thousands of criminal cases which included hundreds of evidentiary hearings, more than 50 jury trials and more oral arguments than I am able to quantify. Please provide the number of jury trials 50+ and the number of bench trials +/-10 in which you have participated. All but a handful of my trial experience is in criminal cases. Number of arbitration hearings in which you have participated as legal counsel or hearing officer: Any arbitration hearings were conducted as part of my labor and employment experience. Number of administrative hearings in which you have participated as legal counsel or hearing officer: While in private practice I handled a few administrative hearings on behalf of public sector clients. I also have represented my office in some administrative hearings since being elected Clerk. To the extent applicable, please quantify any additional alternative dispute resolution/negotiation experience: I have participated in a few mediations and arbitrations as indicated above. I have also negotiated several union contracts (from both side of the table). 3

4 Have you ever been Board Certified in any area(s) of practice? If yes, please identify: The area(s) of practice: When you were certified in each area of practice: Whether you are currently certified in those areas: Please provide the percentage of your practice that has involved representing plaintiffs 75 (State) % and the percentage that has involved representing defendants 25 %. Undergraduate Education: Name of institution: Sacred Heart University, Fairfield, CT (Also attended Fordham University and Fairfield University) Degree received/major: Bachelor of Science in Politics and Criminal Justice Academic awards, recognitions, honors, leadership roles and participation in academic organizations: Dean's list every semester at Sacred Heart. 4

5 Law School Education: Name of institution: Degree received: Quinnipiac University School of Law (also attended final year at University of Florida) Juris Doctor Internships/in-school clerkships, academic awards, recognitions, honors, leadership roles and participation in academic organizations (e.g., law review, moot court, legal clinics): I was a full time police officer throughout most of law school. I graduated in the top 5% of my class, was an academic invitee to Quinnipiac Law Review and received the Corpus Juris Secundum Award (aka "book award") in Civil Procedure, Torts and Trial Practice. Number of hours devoted to public work while in undergraduate or law school. 100's see above Additional Educational History (if applicable): Name of Institution Degree Received Special awards, recognitions, honors, or leadership roles (if any) Southern Connecticut State University Master's in Sociology Magna Cum Laude FBI Academy, Quantico VA New Agent Class Academic Excellence for #1 in Class Connecticut Police Academy Certified Police Officer Employment: Present employer: Clerk of Circuit Court and Comptroller, Hernando County, FL Number of years with present employer: 7 Present position: Elected Clerk and Comptroller Explain relevant experience or skills gained that you will bring to the bench: In addition to being the elected Clerk, I act as my own general counsel representing the office in all legal matters including foreclosures and other land use issues, bail bonds, and employment law. I work with my team of approximately 115 professionals to properly interpret and implement the 1000's of statutes and court rules that apply to clerk operations. The time management skills necessary to lead an office of this complexity will also assuredly come in handy on the bench. 5

6 List All Prior Employers and Occupations, Legal or Non-legal, for the Last Ten Years: Employer: Office of Brad King, State Attorney for 5th Judicial Circuit Number of years employed with this employer: 9 Position/specialty: Assistant State Attorney and Supervisory ASA Explain relevant experience or skills gained that you will bring to the bench: Supervised the prosecution of thousands of criminal cases at all levels including a staff consisting of 10 attorneys and 17 support staff. I conducted over 50 jury trials, hundreds of evidentiary hearings, depositions and plea negotiations. I was also responsible for the allocation of resources and the training of new attorneys in trial practice and preparation. As a collateral duty, I conducted numerous basic and advanced training sessions for the law enforcement community. Employer: Pasco Hernando State College/St. Leo Univ./Citrus County Criminal Justice Academy Number of years employed with this employer: 9 (part time evenings and weekends) Position/specialty: Adjunct Professor/Instructor Explain relevant experience or skills gained that you will bring to the bench: I had the pleasure of instructing thousands of students at the above three educational institutions between 2003 and I have taught courses in law, political science and sociology. Employer: Federal Bureau of Investigation Number of years employed with this employer: 3 Position/specialty: Special Agent and Assistant Division Counsel Explain relevant experience or skills gained that you will bring to the bench: As a Special Agent, I was assigned investigations related to insurance fraud, organized crime and counter-terrorism. I also served as an assistant division counsel assisting in the approval of undercover operations, reviewing search/arrest warrants, and representing the Boston Field Office in legal matters in the absence of the Chief Division Counsel. 6

7 Law Organizations: Please list legal organizations in which you have been an active member for more than two years and all legal organizations in which you hold a leadership position or which required nomination to join: Organization Name 5th Circuit Judicial Nominating Commission Dates of Participation 2015 to present Commissioner Office Held (If applicable) Florida Courts E-Filing Authority Vice Chair and Board Member Florida Bar Juvenile Rules Committee Ex-officio member/liaison to E-Filing Honors and Publications: Please list relevant published articles or books that you have authored, speeches or lectures you have given, and honors, prizes or awards you have received: Title Date Additional Information Lectures: I have spoken hundreds of times over the course of my career including providing many hours of training to law enforcement executives and officers in several states. Special Recognition Award from the New England Insurers Association I have also served as instructor, coordinator and vice chair of the New Clerk Academy for the State of Florida 2002 Awarded for my investigative assistance on several insurance related cases in the Boston area. Fairfield Police Department Lifesaving Medal 1994 Mentally unstable individual set himself on fire. I was among the first responders to subdue him and extinguish the fire. 7

8 Public Service Pro Bono, Volunteer Work or Military Service: Please provide the dates, activities and any special accomplishments, honors or leadership roles you have played in volunteer, public or military service organizations or in providing pro bono, volunteer, public or military service: Lifesouth Blood Centers ( present) - Board of Directors First United Methodist Church ( ) - Staff Parish Relations Committee Plantation Estates Owners Association ( ) - President, Board of Directors 5 Points of Life Advisory Board ( ) - Chair, Board of Directors Hernando Chamber of Commerce Leadership Class of graduate Oak Hill Hospital Community Advisory Board ( ) - member Dawn Center of Hernando County ( ) - Vice President, Board of Directors First Hernando Youth Soccer Club ( ) - Vice Commissioner, Board of Directors, Coach Health: Do you currently suffer from or have you suffered from any of the following ailments in the last three years: Dependence on narcotics, drugs or intoxicating beverages Pathological or compulsive behavior Memory loss or impaired judgment Yes No If yes, please identify the ailment and provide full details, including the relevant dates, including dates of diagnosis, if applicable, the treatment received and any additional relevant information: Discipline: If you have ever been found, either involuntarily or by consent, to have committed a violation of The Florida Bar Disciplinary Rules, the Florida Rules of Judicial Administration or the Florida Code of Judicial Conduct for which the discipline imposed was one of the following: (a) public reprimand; (b) suspension; or (c) disbarment, please provide the following information: Date of charge: Date of disposition: Rule(s) found to have violated: Discipline imposed for rule violation(s): Date reinstated to the Bar or bench: Any conditions imposed for reinstatement (e.g., financial penalty, probation or public service): 8

9 If you have been found to have committed a violation of the ethical or discipline rules, please explain the circumstances surrounding your discipline: For Current or Former Judges: Has the Florida Supreme Court, or a similar body in another state, ever ruled against you on a Notice of Formal Charges by the Judicial Qualifications Commission? If so, please explain the circumstances surrounding the charges and include a description of any discipline imposed: Military Discharge: If you served in the military and your discharge was anything other than honorable or you received a court martial, please provide that information here: I enlisted in the United States Navy in December of 1987 only to be sent home within a week or two of my arrival due to a pre-existing knee injury. Criminal Convictions: Have you ever been convicted or pled no contest to a crime involving dishonesty or moral turpitude? If so, provide the following information: Date of conviction or plea of no contest: Crime for which you were convicted or pled no contest: Sentence: Any additional conditions imposed: If you have been convicted or pled no contest to a crime involving dishonesty or moral turpitude and would like to explain the circumstances surrounding your criminal conviction, you may do so here: 9

10 CERTIFICATION I certify that the information given on The Florida Bar Judicial Candidate Voluntary Self-Disclosure Statement is complete, true and correct to the best of my knowledge and belief. 5th June 18 Executed this day of, 20. Name Don Barbee Jr. Certification Confirmation (must be checked prior to submission): 10