VOLUSIA COUNTY BAR ASSOCIATION Judicial Election Questionnaire 1. Name: Joseph Ryan Will 2. Position Applying for: Circuit Judge 3. Group 15 4. How long have you been a Florida resident? 38 years 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 College School Name Degree Graduation Year Florida State University College University of Florida BS in Bus Admin 2002 Law School Cumberland School of Law JD 2005 8. Year Admitted to The Florida Bar: 2006 9. Employment a) Current Firm or Government Agency: State Attorney s Office, 7 th Circuit b) Title: Assistant State Attorney, Homicide Investigations Unit 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. In 2006, I began my career at the Office of the State Attorney. Each day has focused on the needs of our community and helping innocent victims navigate the criminal justice system. In 2010, I was promoted to Homicide Investigations Unit and have been primarily responsible for the investigation and prosecution of homicides, occurring in Volusia County. In my career, I have successfully conducted nearly 70 jury trials, and more than 25 murder trials. Before 2010, I prosecuted violent offenders, sexual predators, career criminals, illegal drug transactions and crimes against the elderly. For approximately 2 of those years, and in addition to my regular duties, I handled the civil commitment of sexually violent predators under the Jimmy Ryce Act. I also prosecuted juvenile and misdemeanor matters for the first 6-8 months in the office. Before coming to the Office of the State Attorney, I worked in the civil realm, negotiating and drafting contracts for the extraction of mineral rights in rural Alabama. Though the work was interesting, I left that job after nine months to pursue a career litigating high-profile criminal cases. d) Employment History in the last 15 years. Judges, 15 years prior to becoming a judge. Position Name of Firm or Agency Employment Dates Assistant State Attorney Office of the State Attorney, 7 th Circuit 12/2006-present Abstractor / Lawyer Pitts Landman Service, Inc. 3/2006-12/2006 Substitute Teacher St. James Episcopal School, Ormond 9/2005-3/2006 Beach & Volusia County Public Schools Legal Intern County District Attorney, Alabama 1/2005-05/2005 Legal Intern Cobb Cole, Daytona Beach 6/2003-8/2003 Legal Intern Judicial Staff Attorney 7 th Circuit 05/2003-06-2003 1
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. Federal Appellate COURT PERCENTAGE PRACTICE AREA PERCENTAGE Federal Trial Criminal 100 Federal Other Civil Family State Appellate *** Probate State Trial 100 Dependency/Juvenile *** State Administrative Workers Comp/Administrative State Other Other TOTAL % 100 TOTAL % 100 ***As a part of my trial practice, I am required to handle appellate arguments and post-conviction matters in the trial court. I also occasionally appear in juvenile matters, when connected to homicide cases. In the last 10 years, how many (number) of the cases you have tried to verdict or judgment were: Jury? 67 Non-Jury? unknown 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. The Florida Bar, Alabama State Bar, Volusia County Bar Association, St Johns County Bar Association, Dunn-Blount Inns of Court 12. 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. 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
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. 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. Yes. When I was admitted to The Florida Bar in 2006, I was living and working in Tuscaloosa, Alabama. During that time, I was employed by Pitts Landman Services, Inc. and was responsible for title searches, lease negotiation, and contracting as it related to coalbed methane rights in central Alabama. After passing The Bar, I continued to work in Alabama until I could find a litigation position in the State of Florida. Upon taking a job at the Office of the State Attorney, I returned home and began working as a prosecutor in the 7th Judicial Circuit. 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. Daytona State College - received $100 compensation for 2-hour lecture provided during the Detective's Academy on August 12, 2015. 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. No. 19. Miscellaneous a. Yes No Have you ever been convicted or a felony or a first-degree misdemeanor? If yes, what charges? Where convicted? Date of Conviction? b. Yes No Have you pled nolo contendere or pled guilty to a crime which is a felony or a first-degree misdemeanor? If yes, what charges? Where convicted? Date of Conviction? c. Yes No Have you had the adjudication of guilt withheld for a crime which is a felony or a first-degree misdemeanor? If yes, what charges? Where convicted? Date of Conviction? 3
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 a member of a class action lawsuit, alleging construction defects to my home and others in the neighborhood. The case is pending in Volusia County against KB Home, as a result of improper stucco application to the exterior of the residences. Many of the homes have had exterior walls replaced. Several of my neighbors have had an entire side of the house fall into their yard. 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. In December of 2012, Jerry Crew was tried for the offenses of Second Degree Felony Murder and Robbery with a Firearm. Substantial, competent evidence demonstrated that Crew assisted three young drug dealers in robbing a competing dealer. At the time of the crime, Crew was in his mid-fifties. The young dealers ranged in age from teenage years to early twenties. For his role in luring the competitor to the scene, Crew was paid crack cocaine and was promised to receive all stolen narcotics. The robbery attempt failed, and several weapons were fired. Crew was responsible for a gang-land-style war between the young men. Of the seven individuals present, four were shot. A teenage boy was killed. During my closing argument, I referred to Crew as a "crackhead". The Florida Bar and Alabama State Bar issued a written reprimand for demeaning the defendant. There is presently one complaint filed against me with the Florida Elections Commission and a similar complaint with The Florida Bar. The complaints were filed on March 12th and March 14th, respectively. Both complaints were filed by a significant contributor to the campaign of one of my opponents in this election. My best assessment is that the complaints are electioneering. The complaint with the Elections Commission alleges: 1) that the campaign website, www.electryanwill.com, does not include the required political disclaimer for campaign communications; and 2) that because there is no indication that the site is maintained by The Committee of Responsible People to Elect Ryan Will, I have thereby been guilty of personally soliciting campaign contributions on the website since January 19, 2018. The complaint with The Florida Bar alleges: 1) that I have violated ethical rules by directly soliciting campaign contributions on www.electryanwill.com since January 19, 2018 because the website does not include language that it is maintained by The Committee of Responsible Persons to Elect Ryan Will; 2) that I have solicited funds on my personal Facebook page by providing the contact information for The Committee when asked where a donation may be made; and 3) that I have personally solicited funds when I was "tagged" on Facebook by a member of The Committee, declaring her support and asking friends to consider donating to my campaign. In response to the allegations, I offer: 4
The campaign website was not launched until February 23, 2018. There was either a mistake by The Committee, or a glitch in the internet vendor's programming, which resulted in the disclaimer being removed from a footer associated with some of the pages of www.electryanwill.com. The issue was located and resolved by The Committee before either complaint was filed. An affidavit was prepared by The Committee members responsible for web design and filed with both State agencies. The complaint with The Florida Bar regarding my personal Facebook page does not allege conduct which violates any rule. The Canons encourage a candidate to provide contact information of The Committee when asked where contributions can be made. Further, Committee members are permitted by rule to solicit campaign contributions on behalf of the candidate. Neither of the allegations regarding my personal Facebook page are violative of the rules. Responses to the Elections Commission and The Florida Bar were delivered on March 30, 2018. Copies of the documents are available upon request. The files remain open because of the recency of the allegations and the number of complaints generated during campaign season. 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. 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. 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. As a condition of my government employment, I am prohibited from representing individual clients. Instead, I have actively participated with local organizations and occasionally assisted my homeowner's association with legal matters. My largest contribution came in 2013, when I created and established Florida s first Playground to Prevent Neighborhood Sex Predators. By using available zoning laws, I protected a neighborhood of nearly 400 homes and forever gave children a safe place to play. Since that time, I have consulted with other communities to ensure the protection of our children. To my knowledge 8 additional playgrounds have been constructed throughout the State. Several more will be added to local developments later this year and I am excited to announce that the entire area West of I-95 in Daytona Beach will soon be closed to the relocation efforts of sexual predators. Since 2013, I have volunteered with the Volusia County Teen Court. During that time, I have served as a Teen Court Judge and Teen Court trial team consultant, providing approximately 10-20 hours of service per year. Additionally, I volunteer in the local schools. In a typical year, I will spend several hours speaking with students. Whether an impromptu session in my wife's elementary class, students enrolled in the law academy at Atlantic High School, or University scholars seeking to expand their education, I maintain a close contact with academia and enjoy helping the next generation. 5
Last year, Assistant Public Defender George Burden and I conducted a four-part legal seminar for Robin Gentry's fourth grade class at Grace Academy in Ormond Beach. The seminar featured 3 instructional lessons on the 4th amendment. We worked with the students to educate them and helped them prepare a moot court argument. The final lesson allowed the students to present simplified oral arguments. The seminar was loosely based upon Tangerine, a book that we read with the class. I gave approximately 20-25 hours to the project. 34. Have you attended any continuing legal education during the past 5 years? If so, in what substantive areas? Legal ethics presented by The Florida Bar and Bar Counsel, Criminal Certification Review, State & Federal Trial Practice, Homicide Investigation & Prosecution, Domestic Violence, Death Penalty Issues, Sexually Violent Predators, Ethics Update, Prosecuting a Capital Case, Education and Training Program for Prosecutors 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? Homicide Investigation & Prosecution, an Overview Daytona Beach Rotary West: May 2018. Homicide Investigation and Prosecution, an Overview Atlantic High School, Academy for Law and Government: April 2018 The 4th Amendment for Crime Scene Investigators Advanced Education Seminar for Criminal Investigations and Crime Scenes, Daytona State College: December 2017. Fingerprint Evidence and Persuasive Courtroom Presentation Advanced Education for Forensic Examiners & Print Technicians, Daytona State College: July 2017 Crime Scene and the Courtroom Law Enforcement Training, Daytona State College: March 2017 Digital Evidence: The Legalities of Social Media & Modern Communication Presented to Dunn-Blount Inns of Court for Volusia & Flagler Counties: March 2017 Digital Evidence and Computer Forensics: A Prosecutor s Perspective Volusia County Sheriff s Office Seminar for Advanced Crime Scene Investigation: September 2016 Crime Scene Investigation and the Courtroom Law Enforcement Training, Daytona State College: July, 2016 Crime Scene Investigation and the Courtroom Law Enforcement Training, Basic Crime Scene Investigations, Daytona State College: March 2016 The 4th Amendment A Primer for Elementary Students Four Part Educational Series & Moot Court Presentation at Grace Academy, Ormond Beach: February 2016 Death & Injury Investigations Detective s College, Daytona State College: August 2015 Tips for Testifying and the Psychology of Persuasion: A Prosecutor s Perspective Detective s College, Daytona State College: July 2015 Maintaining the Investigation & Ensuring a Successful Prosecution Volusia County Sheriff s Office Seminar for Advanced Crime Scene Investigation: February 2015 Major Cases, Tips for Testifying & the Psychology of Persuasion Criminal Justice Seminar, Daytona State College: October 2014 Tips for Testifying and the Psychology of Persuasion: A Prosecutor s Perspective New Deputy Training and Courtroom Presentation, Presented by the Office of the State Attorney: September 2014 Tips for Testifying and the Psychology of Persuasion: A Prosecutor s Perspective 2014 Death and Crime Scene Investigation Conference, Presented by the Volusia County Sheriff s Office and the Office of the Medical Examiner: September 2014 The Criminal Justice System & Effective Presentation of Evidence Atlantic High School, Academy of Law and Government: February 2014 Introduction to the Criminal Justice System Investigation & Prosecution of Crime University of Central Florida, Undergraduate Trial Advocacy Program in Legal Studies: September 2013 Death and Injury Investigations: A Prosecutor s Perspective Criminal Justice Seminar, Daytona State College: February 2013 Fundamentals of Evidence the Origins of Hearsay & Implementation of the Rule University of Central Florida, Undergraduate Evidence Course in Legal Studies: September 2012 Introduction to the Criminal Justice System Investigation & Prosecution of Crime University of Central Florida, Undergraduate Trial Advocacy Program in Legal Studies: March 2011 The Legislative Response Florida s Sexually Violent Predators & the JLA Volusia County Sexual Assault Response Team: September 2010 6
Fundamentals of Evidence Collection and the Importance of Accurate Reporting Volusia County Sexual Assault Response Team: April 2010 Sex Crimes Prosecution Volusia County Sexual Assault Response Team: October 2009 Sex Crimes Statistics, Investigation, Reporting and Trial Preparation Volusia County Sexual Assault Response Team: May 2009 Trial Preparation 101 The Importance of Witness Preparation Orange County Association of Sexual Assault Nurse Examiners: August 2008 Trial Preparation 101 The Importance of Witness Preparation Volusia County Sexual Assault Response Team: July, 2008 36. Describe any additional education or other experience you have which would assist you in holding judicial office. Over the course of my career, I have participated in various workshops and training sessions to improve my presentation of evidence and broaden the scope of my legal knowledge. Though much of my continuing education is directly related to the practice of criminal law, it is universally applicable to other fields within the realm of the Circuit Judge. Seminars focusing on domestic violence or sexual crimes have a corollary to protective orders, family, and civil matters. Conferences related to the use of illegal narcotics or mental health disorders can easily be applied to the Baker Act and Marchman Act setting or therapeutic justice programs, such as drug court or veterans court. I have frequently given lectures to law enforcement, in an effort to improve the nature and quality of investigations within the 7th Judicial Circuit. Those discussions have focused on the collection and presentation of evidence, implicating the 4th, 5th and 6th amendment. I have discussed trial practice and procedure with young lawyers in the State Attorney s Office, honing my own understanding of the evidence code and the rules that govern our interaction in the courtroom. During my career, I have covered topics ranging from computer forensics to the ethical practice of law. I have also drafted instruction manuals for Jimmy Ryce proceedings, focusing on my own experiences in litigating civil matters, and informing young prosecutors how to use the civil rules of procedure to protect our children from the continued threat of sexual predators. Each of these experiences has provided a way to increase my own knowledge of the law and afforded a greater appreciation for the everyday experiences of individuals contacting our judicial system. Though my work over the last 12 years has been primarily focused in criminal prosecution, my experiences are can be universally applied. The role of a prosecutor is never limited to the criminal practice. 37. Explain the potential contribution you believe your election would bring to this position. The Seventh Circuit has earned a reputation for exceptional trial judges. All my life, we have been blessed with dedicated jurists. I have known many of these fine men and women. They have served as role models and mentors. Following in their footsteps, I will dedicate myself to the work, to the Office, and to the people of this community. Since I was a young boy, it has been my desire to earn a judicial seat in this community. It is my home and I have a vested interest in the future. To that end, every day of my career has focused on serving the needs of our citizens and working to improve our quality of life. As a prosecutor, I have helped thousands of victims while offering a fair and just result for criminal defendants. Over the past ten years I have amassed a nearly flawless trial record. Virtually all of my cases have been appealed; only one conviction has been overturned. I have conducted sixty-seven criminal jury trials. Twenty-seven of those trials have related to murder charges. Of sixty-seven jury trials, six were lost. The last not guilty verdict was rendered in 2010. There have also been hundreds of sentencing hearings, stand your ground / self defense hearings, and hearings for violation of probation that can be every bit as difficult and time consuming as a trial. For instance, Jeffrey Farina was recently before the Court for re-sentencing in the 1992 murder of Michelle Van Ness at the Taco Bell in Daytona Beach. The proceeding lasted 2 weeks. As a prosecutor, I have spent the majority of my career in the courtroom. One of my most significant contributions to this position is my litigation experience. In my career, I have presented and cross-examined experts of every discipline. I have wrestled with the evidence code and argued all points of procedure. I have litigated at the highest level of the criminal practice. As a Judge, I would strive to deliver the same quality workmanship that I have provided in practice. Success and achievement are driven by careful attention to detail and meticulous preparation. No doubt, a judicial position will require the same hard work that has generated success in my current role. 7
Though the majority of my career has been limited to criminal prosecution, I spent a year drafting and negotiating contracts for the extraction of oil and gas prior to joining the State. In that time, I gained substantial experience in real property, contract, and probate law. Since joining the State Attorney's Office, I have frequently appeared in civil arenas related to pending criminal matters. Nearly all criminal cases have a component of mental health and drug addiction. Juvenile delinquency often involves dependency. Sex crimes expand to the involuntary civil commitment of predators. Homicide routinely brings questions about the estate. As a senior litigator in the State Attorney's Office, it has been a pleasure to travel the Circuit and appear before many courts. There have also been opportunities to attend hearings in other jurisdictions. In each location, there has been an occasion to observe the many ways that a Judge will conduct business and handle his or her affairs. If given the opportunity, I would continue to study the work of my colleagues and accept guidance from more practiced jurists. I have lived my life according to a code that recognizes hard work will be rewarded. That perseverance and dedication will always make a difference. That a strong moral compass will steer you to your destination. These are the characteristics of a life well-lived. But they are also the hallmarks of a qualified candidate. If elected, I will always give attorneys and litigants an opportunity to be fully and fairly heard. I will treat each individual with respect and dignity. I will never place a premium on form over substance. Our citizens are entitled to consistent, reliable, and predictable outcomes that are generated through an adherence to precedent. And, I will be mindful of the resources expended by others. Whether time or money, someone has sacrificed in order to appear before the Court. It has always been my belief that a trial attorney is great because he or she is well prepared. If elected, I would give the same effort from the Bench. The people of this community deserve hard-working public servants. It would be my honor to serve our citizens. I have read the foregoing questions carefully and have answered them truthfully, fully and completely. Joseph Ryan Will Name (typed name qualifies as signature) May 15, 2018 Date Completed 8