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: Kiernan Patrick Moylan June 25, 2018 Date disclosure statement completed: County Court Judge Judicial position sought: Indian River County Jurisdiction: Jurisdiction(s) in which admitted to practice law: Jurisdiction Date Admitted Florida April, 1999 US Southern District of Florida Florida Bar No Years admitted to practice law: Years in the legal profession: 19years 19years 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: Foremost, I bring personal integrity, impartiality, strong work ethic and moral character. My career has been filled with examples of my commitment to these canons. Additionally, I understand the world is not about me. In my time as a public servant, I have already demonstrated the commitment to the public I seek to continue as a Judge. With the same selfless commitment I have made in my years of public service, I am also committed to follow and apply the law. As a Judge, with my extensive legal experience, business experience, experience raising a family and my moral character, I will continue to better our community. 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 19th Circuit 2016 Circuit Court 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. I have practiced extensively in corporate, civil and criminal law with an almost equal practice in each field. Number of evidentiary hearings, trials and/or oral arguments in which you have participated as legal counsel: While handling thousands of cases in civil and criminal law, I have argued scores and scores of hearings on admissibility of evidence, testimony as well as witnesses and experts. Please provide the number of jury trials 40+ and the number of bench trials 25+ in which you have participated. A majority of my trial experience is in criminal law. Number of arbitration hearings in which you have participated as legal counsel or hearing officer: I have handled a few civil matters which went to arbitration. Number of administrative hearings in which you have participated as legal counsel or hearing officer: In the Office of the Attorney General, handled numerous administrative law cases for the State of Florida and our State Agencies. To the extent applicable, please quantify any additional alternative dispute resolution/negotiation experience: 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 0 % and the percentage that has involved representing defendants 100 %. Undergraduate Education: Name of institution: Davidson College, Davidson, North Carolina Degree received/major: Bachelor of Science, Economics Academic awards, recognitions, honors, leadership roles and participation in academic organizations: I played NCAA Division I Soccer from 1988 to

5 Law School Education: Name of institution: Degree received: University of Miami School of Law, Miami, Florida Juris Doctor, Cum Laude Internships/in-school clerkships, academic awards, recognitions, honors, leadership roles and participation in academic organizations (e.g., law review, moot court, legal clinics): I graduated with Honors. Number of hours devoted to public work while in undergraduate 100+ or law school Additional Educational History (if applicable): Name of Institution Degree Received Special awards, recognitions, honors, or leadership roles (if any) Employment: Present employer: Sole Practitioner Number of years with present employer: less than a year (since May 1, 2018) Present position: Sole Practitioner Explain relevant experience or skills gained that you will bring to the bench: Due to a "resign to run" policy at the Office of the Public Defender, upon qualifying for the ballot, I took a leave of absence as an Assistant Public Defender. 5

6 List All Prior Employers and Occupations, Legal or Non-legal, for the Last Ten Years: Employer: Office of the Public Defender for the 19th Judicial Circuit Number of years employed with this employer: Seven years Position/specialty: Assistant Public Defender Explain relevant experience or skills gained that you will bring to the bench: As an Assistant Public Defender, I represented thousands of clients charged in either juvenile, county or circuit court. These clients faced misdemeanor and/or felony counts. I handled hundreds of motions, hearings and trials as well as Baker Acts and first appearances among other types of proceedings. I gained a true understanding of trial procedure and rules. In dealing with trials, trial preparation, deposition of victims/law enforcement, client meetings and disposition for these cases, I also experienced the profound life changing affects the legal system has on our community. This experience will stay with me to ensure I am a fair, unbiased, hardworking and just member of the bench. Employer: Office of the Attorney General for the State of Florida Number of years employed with this employer: Four years Position/specialty: Assistant Attorney General Explain relevant experience or skills gained that you will bring to the bench: In the Office of the Attorney General Civil Litigation Division, I was charged with the duties of a civil litigator. The diverse and complex civil matters and legal proceedings I handled will be invaluable experience as a Judge when dealing with complex and novel legal issues. Those matters ranged from defending federal and state civil rights claims and torts, including wrongful death, to the appeals of denied petitions for government benefits. I handled a number of constitutional questions at the trial level. For law enforcement agencies, I pursued numerous asset seizure/forfeiture actions. I also represented a number of the State Attorney's offices as well as members of the judiciary regarding different issues of immunity. Employer: JM Family Enterprises, Inc. Number of years employed with this employer: Seven years Position/specialty: Vice President and Counsel, Office of the Founder Explain relevant experience or skills gained that you will bring to the bench: While in-house counsel, I handled telecommunications, technology, land use and general contracts including large asset purchases, software licenses, maintenance, escrow and customization, computer hardware, third-party hosting, data services and contractor agreements. I negotiated vendor supply and land use contracts on behalf of subsidiary and dealer third-party beneficiaries. I was responsible for marine/aviation compliance and managed outside counsel on litigation and land acquisition. Although these are only some of the issues I handled, my ability to deal with such wide array issues demonstrates my ability to deal with complex issues and that ability will allow me to understand an issue before making any ruling. 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 Dates of Participation Office Held (If applicable) Indian River County Bar Association 2012-Current 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 Indian River County Sheriff's Department's and Sebastian Police Department's Citizen Academies Speaker

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: As a government attorney at the Office of the Public Defender and the Office of the Attorney General, I was fairly restricted from doing pro bono work. The same was true during my time in corporate law; however there I contributed volunteer hours to community projects with organizations like Habitat for Humanity, the Boys and Girls Club and organizations which sought to assist with feeding the needy. From 1998 to 2005, I served on the Board of the Youth Automotive Training Center. More recently, I have volunteered with my childrens' soccer and lacrosse teams and with Lifebuilder's of the Treasure Coast. 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: 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. 25th June 18 Executed this day of, 20. Name Kiernan Patrick Moylan Certification Confirmation (must be checked prior to submission): 10