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: Charles McBurney June 18, 2018 Date disclosure statement completed: Circuit Court Judicial position sought: Fourth Judicial Circuit of Florida Jurisdiction: Jurisdiction(s) in which admitted to practice law: Jurisdiction Date Admitted Florida November 1982 Middle District of Florida; 11th U.S. Circuit Court 1983 Florida Bar No Years admitted to practice law: Years in the legal profession: /2 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: 35+ years practice from large firms to the state attorney's office to named partner in small-medium firm to solo practitioner having both criminal and civil practice with cases from the simple to the very complex, maintained Martindale Hubbell's highest rating of AV for 20+ years, with hundreds of bench trials and approximately 30 jury trials, I am at home in the courtroom and prepared to be a trial judge. Additionally, my extensive and lengthy involvement and leadership in our state and community, have required prompt and sometimes difficult decision making, preparing me to follow the rule of law. 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 None 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 None 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. Depends on what point in time I was practicing. For example, in my first firm it was primarily insurance defense, at the state attorney's office, at one point all criminal law, then 50% criminal and 50% civil. Presently I have a business law practice, approximately 40% business litigation, 30% general business, 15% bankruptcy, 15% homeowner/condominium litigation Number of evidentiary hearings, trials and/or oral arguments in which you have participated as legal counsel: This is an estimate Please provide the number of jury trials 30 and the number of bench trials hundreds in which you have participated. This is an estimate Number of arbitration hearings in which you have participated as legal counsel or hearing officer: Number of administrative hearings in which you have participated as legal counsel or hearing officer: To the extent applicable, please quantify any additional alternative dispute resolution/negotiation experience: Been involved and participated in numerous mediations and arbitration matters over the years. 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 N/A % and the percentage that has involved representing defendants N/A %. Undergraduate Education: Name of institution: University of Florida Degree received/major: B.A./political science Academic awards, recognitions, honors, leadership roles and participation in academic organizations: Graduated with highest honors Phi Beta Kappa Florida Blue Key Omicron Delta Kappa Debate Team President 4

5 Law School Education: Name of institution: Degree received: University of Florida J.D. Internships/in-school clerkships, academic awards, recognitions, honors, leadership roles and participation in academic organizations (e.g., law review, moot court, legal clinics): Moot Court Cup Competition Finalist Moot Court Team Order of Barristers Number of hours devoted to public work while in undergraduate numerous or law school. numerous Additional Educational History (if applicable): Name of Institution Degree Received Special awards, recognitions, honors, or leadership roles (if any) Oxford University took law school courses toward my degree Employment: Present employer: Law Office of Charles W. McBurney, Jr. Number of years with present employer: 14 Present position: President Explain relevant experience or skills gained that you will bring to the bench: Running a business and making a payroll. I am essentially doing what all small business persons have to do, make a payroll, pay overhead, get through regulations and similar requirements; all giving me empathy to my own clients most of whom have to face similar challenges. 5

6 List All Prior Employers and Occupations, Legal or Non-legal, for the Last Ten Years: Employer: Florida House of Representatives Number of years employed with this employer: 9 Position/specialty: Representative Explain relevant experience or skills gained that you will bring to the bench: All civil and criminal legislation in Florida from 2007 through 2016, passed before my desk for review and analysis. Held numerous leadership positions, including Chair of Justice Appropriations Subcommittee which gave me an appreciation for the budgetary constraints of the judicial branch, and Chair of Judiciary Committee where I had to make decisions on which legislation concerning all proposed civil and criminal laws would be heard before the committee. Employer: Number of years employed with this employer: Position/specialty: Explain relevant experience or skills gained that you will bring to the bench: Employer: Number of years employed with this employer: Position/specialty: Explain relevant experience or skills gained that you will bring to the bench: 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 Commercial Law League of America Dates of Participation 1992-present Office Held (If applicable) Treasurer, Southern Region Executive Council, Southern Region Jacksonville Bankruptcy Bar Association 1995 to present Treasurer Director Jacksonville Bar Association 1982 to present Chair, Bankruptcy Section Vice Chair, Solo and Small Firm Section 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 Florida Bar Legislative Award or Distinguished Legislative Service Award 2009, 2013 and 2014 Distinguished Legislative Service Award from the Florida Bar Business Section Numerous other honors or awards from such groups as the Jacksonville Bar Association, the Florida Sheriff's Association, Florida Clerk's Association, Florida Prosecuting Attorney's Association, among others 2012 "In recognition of his outstanding leadership, statesmanship and sponsorship of legislation to significantly improve and enhance the business laws of Florida."

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: I have been an officer or director of over 20 civic or volunteer organizations since coming to northeast Florida nearly 36 years ago. I have provided countless pro-bono hours to many of these organizations, sometimes as their titled, but volunteer, legal counsel and have provided formal pro-bono services through such organizations as Jacksonville Legal Aid. Because of the depth and length of my involvement, I have been honored numerous times by many of these organizations over the years. 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: None 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: 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: None 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. 18 June 18 Executed this day of, 20. Name Charles W. McBurney, Jr. Certification Confirmation (must be checked prior to submission): 10