Courtroom conduct keys judicial election

Circuit Judge Michael Andrews was assigned to Pasco County in January 2009 to help unclog a backlogged docket.

He has accomplished the goal, statistics show, reducing the pending caseload in his division from 668 to 540 by the end of last year. Andrews is a workhorse, a punctual judge who moves cases and works as late as necessary to complete trials and calendars.

However, not everyone is happy.

Some lawyers have complained about his firm and demanding courtroom demeanor. Others have balked at his unwillingness to allow defense attorneys to cross-examine witnesses about their testimony a second time, called re-cross.

Respected Clearwater lawyer Deborah Moss, 52, hopes to capitalize on the critics to unseat Andrews from the circuit court post he has held since his appointment in 2003.

"From my perspective, I've never seen a bad demeanor or a harsh demeanor work," Moss said. "It only makes things worse. It only polarizes people and makes people less likely to resolve issues amicably, if that's a possibility."

Andrews, 46, said he's baffled by complaints about his demeanor. He said he has asked around for specific instances and hasn't gotten many answers.

"I think, in the end, they just don't like my style," he said, adding that anyone challenging an incumbent must raise an issue if he or she hopes to win.

"Do you really want a judge - and I can be this judge - who just sits silently and quietly and never asks lawyers piercing questions that test their knowledge and preparation? This is what their clients deserve from them."

Moss and Andrews share at least one trait: Both have had distinguished legal careers.

Andrews worked as a prosecutor in the state attorney's office for Pasco and Pinellas counties for more than six years before then-Gov. Lawton Chiles appointed him to a county judgeship in 1997.

Six years later, then-Gov. Jeb Bush appointed him to the circuit bench. As a circuit judge, Andrews has presided over thousands of criminal and civil cases in Pasco and Pinellas counties.

In 2008, the Florida Supreme Court awarded Andrews the Distinguished Judicial Service Award, which is given for outstanding service to the public as it relates to the support of pro bono legal services. Andrews has been and continues to be an avid volunteer in his home county of Pinellas, where he mentors young boys and is a frequent speaker at churches and schools.

"People do know my name, but I'll tell you," Andrews said. "I've been in a lot of churches as a part of this campaign and I'm amazed at how many people don't know me."

People in legal circles frequently name Moss when talking about the top criminal defense lawyers in Pinellas County.

Moss spent 13 years working in the public defender's office before accepting a job in 2000 with her current employer, the firm of Carlson, Meissner, Hart & Hayslett. She is the firm's lead criminal defense litigator, specializing in defending clients accused of child abuse and sex offenses.

"I love trials," she said.

Moss has not shied away from taking on tough high-profile cases, either.

In 2002, she represented former Catholic priest Robert Schaeufele, who was accused of molesting boys while he worked at churches in Pinellas Park and Dade City in the 1980s.

Schaeufele was acquitted of two charges but pleaded guilty to lesser charges in several other cases and is now serving a 30-year prison sentence. Moss said she was later hired to defend Schaeufele in related civil lawsuits.

Two years later, Moss defended Louis Mevec Sr., a Pinellas County man who was convicted of felony culpable negligence for leaving a loaded firearm within reach of his 14-year-old son. Mevec's son found the weapon stashed under a sofa and accidentally shot and killed a 12-year-old friend.

Mevec could have faced six years in prison but was sentenced to 34 months following an emotional hearing.

"It was maybe the most tragic case I've ever handled," Moss said.

Although it's difficult to unseat an incumbent judge, Moss has one advantage aside from her accomplishments as a lawyer: her gender.

In the past decade, only one male candidate for the circuit bench in the 6th Judicial Circuit has been elected over female candidates. That happened in 2006, when Pat Siracusa bested LeAnne Lake in a runoff. Siracusa now presides over criminal cases in east Pasco.

Two years ago, Mary Handsel and Susan Gardner won their respective races over male candidates.

Andrews said he is aware of the trend.

"I think they decided to run a woman against me for that very reason."