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: Bryon R. Aven Date disclosure statement completed: Marion County Court Judge, Group 4 Judicial position sought: Marion County Court Jurisdiction: Jurisdiction(s) in which admitted to practice law: Jurisdiction Date Admitted Florida April 16, 2008 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: Service with integrity. I love God, freedom, family, and community. I have spent my entire adult life serving in the community. Integrity is what you do when no one is watching and has more to do with who you are than what you do. I will honor my oath to be fair and impartial and follow the law. I will never be unprepared in dealing with an issue before me. I will work hard to ensure that justice is served in each matter efficiently and timely. I will listen, learn, do my best, and be a good example to others. 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. I have served as an Assistant State Attorney for more than a decade prosecuting criminal offenses from investigation to final disposition. I have prosecuted nearly every crime including homicides, sexual offenses, robberies, burglaries, firearm offenses, drug trafficking, dangerous felony offenders, repeat felony offenders, etc. I served as an Assistant U.S. Attorney and prosecuted various federal criminal offenses. I have practiced as a criminal lawyer for more than a decade. Number of evidentiary hearings, trials and/or oral arguments in which you have participated as legal counsel: I have participated in every type of criminal hearing. Preparing for and participating in these hearings includes reviewing statutes, case law, reports, statements, and other materials, speaking with and questioning witnesses, presenting and admitting evidence, and providing arguments both orally and in writing. Please provide the number of jury trials 130 and the number of bench trials 50+ in which you have participated. I have conducted an average of more than one jury trial per month every month since I was admitted to the Florida Bar. The overwhelming majority of these were felony cases involving serious charges committed by dangerous and/or violent offenders. I have prosecuted every type of criminal case from homicides, sexual offenses, and violent offenses, to DUIs, batteries, and traffic offenses. 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: As an Assistant State and U.S. Attorney, I have negotiated hundreds of plea agreements. These plea agreements require reviewing a defendant's criminal history, the crime committed, all aggravating factors, the desires of victims, the availability of witnesses and evidence, and all mitigating factors that are present or provided by defense counsel. Plea negotiations also require an understanding of the trial court's record of punishment. 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 % and the percentage that has involved representing defendants %. Undergraduate Education: Name of institution: Weber State University Degree received/major: Bachelor of Science Dual Major: Criminal Justice (Criminal Law) and English Academic awards, recognitions, honors, leadership roles and participation in academic organizations: Honor Roll 1995,

5 Law School Education: Name of institution: Degree received: University of Minnesota Law School Juris Doctorate Internships/in-school clerkships, academic awards, recognitions, honors, leadership roles and participation in academic organizations (e.g., law review, moot court, legal clinics): Dean's List American College of Trial Lawyers National Trial Team Maynard Prisig Moot Court : Best Oral Argument Finalist, ABA Competition Team Misdemeanor Prosecution and Streetlaw Clinics 2006 Number of hours devoted to public work while in undergraduate 5-10 hrs per week or law school hrs per week Additional Educational History (if applicable): Name of Institution Degree Received Special awards, recognitions, honors, or leadership roles (if any) Arizona State University College of Law Felony and Juvenile Externships Employment: Present employer: State Attorney's Office, Fifth Judicial Circuit Number of years with present employer: More than 10 years Present position: Assistant State Attorney, Docket Manager Explain relevant experience or skills gained that you will bring to the bench: *Prosecuting all state crimes from investigation to final disposition including homicides, violent crimes, sexual crimes, repeat and dangerous offenders, firearm offenses, robberies, burglaries, domestic violence, crimes against children, drug trafficking crimes, property crimes, and defendants that qualify for enhanced sentencing. *Supervise, direct, and aid attorneys, support staff, and law enforcement; research, write, and present arguments. *Manage a docket of criminal cases including conducting more than 120 jury trials and numerous other hearings. 5

6 List All Prior Employers and Occupations, Legal or Non-legal, for the Last Ten Years: Employer: United States Attorney's Office, Middle District of Florida Number of years employed with this employer: Less than 1 year Position/specialty: Assistant United States Attorney Explain relevant experience or skills gained that you will bring to the bench: *Prosecuted federal crimes, including violent crimes, sexual crimes, crimes against children, firearm offenses, drug crimes, property crimes, and cases with enhanced sentencing. *Supervised, directed, and aided support staff, and law enforcement. *Managed a docket of active criminal cases, including 2 jury trials and more than 10 grand jury indictments. Employer: College of Central Florida, Criminal Justice Institute Number of years employed with this employer: More than 5 years Position/specialty: Adjunct Instructor Explain relevant experience or skills gained that you will bring to the bench: *Educated and instructed law enforcement and corrections officer candidates in the legal and ethical aspects of their job. 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 Dates of Participation Office Held (If applicable) Florida Bar April 2008-Present Florida Prosecuting Attorney's Association April 2008-Present 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 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: March 1995-Present: Church of Jesus Christ of Latter-day Saints - Volunteer (various positions; currently serving as pastor) January 1998-Present: Mormon Helping Hands - Volunteer February 2003-June 2003: International Language Program - Volunteer English teacher in Tianjin, China September 2005-May 2007: Harriet Tubman Family Alliance Center (shelter for domestic violence) - Volunteer May 2006-December Various - Law Clerk April 2009-Present: March for Babies - Volunteer May 2011-Present: Marion County Teen Court - Judge April 2017-Present: Rise for Hunger - Volunteer June 2018-Present: The Lodge Health and Rehabilitation Center - Volunteer 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. 15 June 18 Executed this day of, 20. Name Bryon R. Aven Certification Confirmation (must be checked prior to submission): 10