VOLUSIA COUNTY BAR ASSOCIATION. Judicial Election Questionnaire. 6. Military Service (including Reserves) Service Branch Highest Rank Dates

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1 VOLUSIA COUNTY BAR ASSOCIATION Judicial Election Questionnaire 1. Name: STEVE BURK 2. Position Applying for: VOLUSIA COUNTY JUDGE 3. Group How long have you been a Florida resident? 36 YRS 5. Are you a registered voter? Yes No In what county are you registered? Volusia 6. Military Service (including Reserves) Service Branch Highest Rank Dates Rank at time of discharge Type of Discharge Awards Citations 7. Education School Name Degree Graduation Year College University of Iowa BGS 1976 College Law School University of Baltimore JD Year Admitted to The Florida Bar: Employment a) Current Firm or Government Agency STEVEN R. BURK, P.A. b) Title Sole Practitioner c) Describe the general nature of your current practice. If your practice is substantially different from your prior practice, include details of prior practice. Describe your typical clients or former clients and the problems for which they sought your services. Judges, 10 years prior to becoming a judge. I have been a private small-town lawyer in DeLand for the past 13 years, enjoying trial work primarily in Volusia County. My criminal jury trials after moving here in 2005 have included murder, att. murder, murder for hire, manslaughter, robbery, drug offenses, burglary, battery, DUI, and even a felony animal cruelty trial once with Judge Walsh. I also handle some family law cases, DV injunctions, civil disputes and an occasional civil jury action. Prior to coming to DeLand I practiced out of Fort Lauderdale beginning in 1983, with a small criminal defense firm for two years, many years as a sole practitioner, and later with a partner in Burk & Cohen, LLC. I handled primarily criminal matters and family law with a few civil jury trials in the mix involving personal injury and other civil actions. My criminal trial experience across the state includes homicides, trafficking, violent crime, sex offenses, white collar crime, DUI and various misdemeanors, While in Fort Lauderdale I spent several years as a Traffic Magistrate (now called hearing officers) in a quasi-judicial role presiding over thousands of traffic infraction hearings. d) Employment History in the last 15 years. Judges, 15 years prior to becoming a judge. Position Name of Firm or Agency Employment Dates Attorney Steven R. Burk, PA 1999-present Attorney Burk & Cohen, LLC

2 10. Court Appearances - What percentage of your appearance in courts in the last five years of practice was in: Judges, 5 years before you became a judge. COURT PERCENTAGE PRACTICE AREA PERCENTAGE Federal Appellate Civil 5% Federal Trial Criminal 80% Federal Other Family 15% State Appellate <1% Probate State Trial 99.9% Dependency/Juvenile State Administrative <1% Workers Comp/Administrative State Other Description for Other: Other TOTAL % 100% TOTAL % 100% In the last 10 years, how many (number) of the cases you have tried to verdict or judgment were: Jury? 10 Non-Jury? quite a few Arbitration? Administrative Bodies? 11. Professional Admissions - List all courts, state bar admissions, administrative bodies having special admission requirements to which you have been admitted to practice and bar sections, board certifications and local legal associations of which you are a member. Florida Bar 1983; U.S. Supreme Court 1995; U.S. Dist. Court S. Florida 1995 (but no longer active); U.S. Dist. Court So. Illinois Yes No Court Procedures - In the last ten years, have you been sanctioned for failing to meet any deadline imposed by court order? If so, provide details. 13. Yes No Disciplinary Actions - Within the last ten years, have you ever been formally reprimanded, sanctioned, demoted, disciplined, placed on probation, suspended or terminated by an employer or tribunal before which you have appeared? If so, state the circumstances under which such action was taken, the date(s) of such action and the resolution of such action. 14. Physical or Mental Impairment a. Yes No Do you currently have a physical or mental impairment which in any way limits your ability or fitness to properly exercise your duties as a member of the Judiciary in a competent and professional manner? b. Yes No If the answer to 12a is yes, are the limitations or impairments caused by your physical or mental health impairment reduced or ameliorated because you receive ongoing treatment (with or without medication) or participate in a monitoring or counseling program? c. Describe such problem and any treatment or program of monitoring or counseling. But in full disclosure will state I have had numerous orthopedic surgeries over the years and have appeared throughout Florida, including before a few juries in Volusia, at times in a wheelchair. I do not believe it has caused any impairment other than physical access problems at times. I do not anticipate further problems. 15. Yes No During the last 10 years, have you even been declared legally incompetent or have you or your property been placed under any guardianship, conservatorship or committee? If so, provide details as to court, date and circumstances. 2

3 16. During the last 10 years: a. Yes No Have you unlawfully used controlled substances, narcotic drugs or dangerous drugs as defined by Federal and State Laws? b. Yes No Have you ever been reprimanded, demoted, disciplined, placed on probation, suspended, cautioned or terminated by an employer because of your alleged consumption of alcohol, prescription drugs or illegal drug use? c. Yes No Have you ever refused to submit to a test to determine whether you had consumed and/or were under the influence of alcohol or drugs? If yes, provide an explanation. Since 2002 I have had 14 major surgeries, most recently I have on 4 or 5 occasions used marijuana for pain relief, rather than the hundreds of oxycontin and other opiates prescribed by my surgeons, which I have never used for more than one day post-op. 17. Business Involvement Judges, 5 years prior to taking the bench. a. If you are now an officer, director or otherwise engaged in the management of ay business enterprise, state the name of the enterprise, the nature of the business, the nature of your duties, and whether you intend to resign such position immediately upon your election to judicial office. b. Since being admitted to the Bar, have you ever been engaged in any occupation, business or profession other than the practice of law? If so, give details, including dates. c. State whether during the past five years you have received any fees or compensation of any kind, other than for legal services rendered, from any business enterprise, institution, organization, or association. If so, identify the source of such compensation, the nature of the business enterprise, institution, organization or association involved and the dates such compensation was paid and the amounts. 18. Possible Bias or Prejudice Are there certain types of cases, entities or extended relationships or associations which would limit the cases for which you could sit as the presiding judge? Please list all types or classifications of cases or litigants for which you as a general proposition believe it would be difficult for you to sit as the presiding judge. Indicate the reason for each situation as to why you believe you might be in conflict. If you are currently serving on the bench, describe the type of cases from which you have recused yourself. I am presently being sued personally by some attorneys involved in voluminous county court PIP suits. It would be improper for me to preside over any of their many hundreds of cases and would recuse myself if assigned. 19. Miscellaneous a. Yes No Have you ever been convicted or a felony or a first-degree misdemeanor? b. Yes No Have you pled nolo contendere or pled guilty to a crime which is a felony or a first-degree misdemeanor? c. Yes No Have you had the adjudication of guilt withheld for a crime which is a felony or a first-degree misdemeanor? 3

4 20. Yes No Have you ever been sued by a client? If so, describe suit and resolution. 21. Yes No Has any lawsuit to your knowledge been filed alleging malpractice because of action or inaction on your part? If so, describe suit and resolution. 22. Yes No Have you or your professional liability insurance carrier ever settled a claim against you for professional malpractice? If so, provide details of the claim and resolution. 23. Yes No Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy been filed against you? If so, provide details. 24. Yes No Have you ever owned more than 25% of the issued and outstanding shares or acted as an officer or director of any corporation by which or against which a petition in bankruptcy has been filed? If so, provide details. 25. Yes No Have you ever been party to a lawsuit either as a plaintiff or a defendant? If so, provide details. I am currently the Defendant in Kimberly P. Simoes; Simoes Davila, et. al v. Steven R. Burk, CIDL in Volusia Circuit Court. I was Defendant in a speeding civil infraction in Georgia in 2003 and was a Defendant in traffic matters in 1974 when charged with being overweight and overlength while driving a semi tractor-trailed combination through Illinois. 26. Yes No Has there ever been a finding of probable cause or other citation issued against you or are you presently under investigation for a breach of ethics or unprofessional conduct by any court, administrative agency, bar association, or other professional group? If so, provide details. Not to my personal knowledge, but it has been suggested to me that various Complaints may or will be brought as a result of my recent actions concerning some well but sometimes inaccurately publicized matters. 27. Yes No To your knowledge within the last 10 years, have any of your current or former co-workers, subordinates, supervisors, customers or clients ever filed a formal complaint or formal accusation of misconduct against you with any regulatory or investigatory agency, or with your employer? If so, provide details and resolution of complaint. 28. Yes No Are you currently the subject of an investigation which could result in civil, administrative or criminal action against you? If so, provide details. Not to my knowledge but see #26 above. 29. Yes No In the past 10 years, have you been subject to or threatened with eviction proceedings? If so, provide details. 30. Yes No Have you filed all past tax returns as required by federal, state, local any other government authorities? If not, provide details. 4

5 31. Yes No Has a tax lien ever been filed against you? If so, provide details. 32. Yes No In the last 10 years, have you belonged to a club or organization that in practice restricts its membership based on race, religion, national origin or sex? If so, detail the name and nature of the clubs or organizations, relevant policies and practices and whether you intend to continue as a member if you are elected to serve on the bench. 33. Describe and include dates of any pro bono legal work you have done in the last 5 years. Judges, 5 years prior to taking the bench. I routinely assist older and/or indigent clients with civil matters on a pro bono basis, but not through a recognized program. 34. Have you attended any continuing legal education during the past 5 years? If so, in what substantive areas? I have recently completed my CLE requirement for this cycle, including Stetson Mock Trial participation, ethics, Survey Fla. Law, updated Brady-Giglio felony trails requirements, misc. 35. Have you taught any courses on law or lectured at bar association conferences, law school forums, continuing legal education programs? If so, in what substantive areas? When in South Florida many years ago I trained Traffic magistrates for certification and later hearing officers; conducted training seminars for law enforcement agencies in traffic and courtroom procedures. This was, admittedly, many years ago in the 1990 s. 36. Describe any additional education or other experience you have which would assist you in holding judicial office. Often during court proceedings I have witnessed the fear and apprehension of the ordinary individual, unskilled in legal matters, looking up at a judge in solemn robe or out at a courtroom filled with strangers who often do not look, speak or otherwise seem like "peers," and I have felt the awesome responsibility of guiding my client through what can literally be a life or death experience, one that affects not just my client but their family and future. I have always been honored and often even intimidated by the responsibility the legal system places on the shoulders of lawyers. Empathy and the realization that I am never the most important person in the courtroom, has been the most important part of my professional education. 37. Explain the potential contribution you believe your election would bring to this position. I have 35 years of trial and courtroom experience in a variety of criminal and civil matters across the state and have seen some of the best judicial practices Florida has to offer. I appreciate the need to be prepared and on time; to run a courtroom efficiently and economically while above all preserving the rights of the litigants. I understand that consistency in the impartial application of the law to the facts and the avoidance of every appearance of impropriety, bias or influence is the cornerstone to preserving the public confidence in the judicial system. Above all, I appreciate the need for humility and recognition that our judicial system, which includes all officers of the court, owes a duty first and foremost to serve the people of Florida and not, as it may sometimes appear, to serve the interests of a few or of the lawyers themselves. I have read the foregoing questions carefully and have answered them truthfully, fully and completely. Steven R. Burk Name (typed name qualifies as signature) May 14, 2018 Date Completed 5