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Voter Attention Needed To Keep Courts Effective

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The Tampa Tribune

Published: October 17, 2008

Voters in Pasco and Pinellas counties will elect a new circuit judge Nov. 4 and will be joined by Hillsborough voters in deciding whether to retain four appeals court judges and a justice of the Florida Supreme Court.

Circuit Race

The candidates in 6th Judicial Circuit runoff to replace retiring Judge Wayne Cobb are Susan L. Gardner, an assistant public defender, and Robert Angus Williams, who is in private practice. The two were the top vote-getters in the August primary.

Circuit judges have enormous power, including the ability to impose the death penalty, terminate parental rights and order the seizure of personal assets, so it's critical that voters pick the candidate with the most legal experience and best temperament. Both Gardner and Williams are first-time hopefuls who have never tried a death penalty case.

Williams, a 38-year-old Palm Harbor resident, is the most qualified. A shareholder in the well-respected Tampa firm of Fowler White Boggs Banker, Williams has spent the last nine years handling a variety of matters ranging from complex environmental, land use and administrative issues to representing the criminally accused.

He also is a former state prosecutor, working as an assistant state attorney in Clearwater for four years before joining Fowler White. This experience, which includes trying numerous cases, will enable him to run a criminal division, a duty many first-year jurists are assigned.

Williams is personable and has a strong work ethic. This can be traced to his days on his family's farm in Polk County. He stresses the importance of common sense, which some judges leave at the courthouse door, and fully appreciates the power circuit judges possess - something that must not be abused.

Gardner, 46, who lives in Hudson, has a similar career track. She practiced civil law for seven years before joining the Pasco-Pinellas Public Defender's Office two years ago, giving her experience in both major areas of the law.

She also knows the importance of hard work - she has a small "hobby" farm and, as a single parent, raised three sons while going to college and law school.

Gardner was the leading vote-getter in the three-candidate primary with about 42.5 percent, while Williams finished second with 33.3 percent. This time the choice is clear. Williams' overall legal experience, temperament and focus leave no doubt that he will be able to manage a courtroom and make the right decisions.

The Tribune endorses Robert Angus Williams for 6th Judicial Circuit judge, Group 8.

Appellate Judges

In addition to the trial judge election, voters must decide whether to retain Supreme Court Justice Charles Wells and Judges Chris Altenbernd, Carolyn Fulmer, Morris Silberman and James Whatley of the 2nd District Court of Appeal.

All are qualified and should be retained.

Voters should not confuse this retention vote with a recall election. The judges' names are listed because the Florida Constitution requires appellate judges to survive a retention vote every six years to remain in office. They are not running against each other or anyone else.

A Florida Bar poll of lawyers who appear before these judges gave strong marks to each. Ninety-one percent support retaining Wells, a former chief justice of the high court who faces mandatory retirement next year.

And from the 2nd District, 94 percent favor retaining Altenbernd; 88 percent, Fulmer; 90 percent, Silberman; and 87 percent, Whatley.

No judge has been ousted in a merit retention election in Florida, and there is no reason to do it this year. Vote "yes" to retain the appellate judges.

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