The Herald recommends these judicial candidates for Miami-Dade County, circuit courts | Opinion
This is interesting: Thirty-nine local judges were quietly reelected to six-year terms this election season simply because no one challenged them. The unspoken rule in judicial circles is that challengers only target judges viewed as weak, for a variety of reasons. Perhaps. But what we’ve heard this year is that some incumbents are being targeted because they were appointed, not elected by the people. That can be a paradox, however, because appointed judges tend to go through a rigorous vetting process that elected judges don’t.
There are seven contested judicial races in Miami Dade. Three circuit and two county court judges face challenges; the two other seats are open and up for grabs. (One lucky candidate, respected attorney Michelle Delancy, was automatically elected because she was the only one to file for the seat vacated by the retirement of Celeste Muir.)
We commend all judicial candidates for recognizing how COVID-19 has and will overhaul the judicial system and accepting that video platforms like Zoom are the new courtroom. Technology, they all agree, will become part of the equation for judges, attorneys, plaintiffs and defendants. Some changes will be welcomed. The days of slogging to court for a mere five-minute appearance will likely be over, conveniently handled via teleconference. It’s a brave new world for Miami-Dade judges.
Here are our recommendations:
MIAMI-DADE CIRCUIT COURT
GROUP 55
Defense attorney Olanike “Nike’’ Adebayo faces commercial litigator Joe Perkins for the open seat created by Circuit Judge Jeri Beth Cohen’s retirement.
Adebayo lost a County Court race in 2018, and Perkins lost a Circuit Court race. Both are solid candidates, but the Editorial Board detected a subtle but significant difference between Adebayo and Perkins.
Perkins, a commercial litigator with Garbett, Allen & Roza who has been practicing law for 13 years, would be a judge favored by attorneys, prosecutors and public defenders. “I’ve talked to many attorneys and what they want is a present, thoughtful judge ready to roll up their sleeve and work weekends to be prepared,” Perkins told the Board, seldom mentioning defendants during his chat.
Perkins is the better-financed candidate, collecting much of his money from attorneys and law firms.
On the other hand, Adebayo, an assistant regional counsel attorney with the Office of Criminal Conflict and Civil Regional Counsel in Miami, is leading a grassroots campaign about turning her courtroom, if she’s elected, into a fairer, welcoming place for the underprivileged. We recommended her in 2018.
“We need more judges who want to improve the experience of the poor, Blacks and Hispanic entering the sometimes unjust legal system,” said Adebayo, who has a 21-year law career, including as a Miami-Dade Assistant State Attorney, working as chief of litigation for the juvenile division.
As she told the Editorial Board: “I am a public servant, not a politician.”
The Miami Herald recommends OLANIKE “NIKE’’ ADEBAYO for Miami-Dade Circuit Court, Group 55.
GROUP 57
Roderick Vereen faces Carmen Cabarga in this race. Both are attractive candidates who appear to be running for the right reasons.
In her 20 years as an attorney, Cabarga has been an assistant state attorney in Broward County, worked in private practice and has been a prosecutor with the Department of Children & Families.
She says that she has the temperament to be a good judge. “Respect, first and foremost,” she told the Editorial Board during her candidate interview. “Respect for attorneys and clients, in how you address them, respect for their time,” because attorneys often have appointments elsewhere, she said, and clients, many of them indigent, have taken time off from work. She wants to ensure that everyone leaves with a sense that they got their day in court.
Vereen says his long career as an attorney is rooted in his “love for the rule of law.” He has been an assistant state attorney in Tallahassee and the first African-American federal public defender in the state, in addition to being an adjunct professor in criminal law at Florida State University and FAMU.
It’s that breadth of state and federal experience that makes him the more-solid candidate in this race. He ran for Congress in 2010 and for Miami-Dade State Attorney in 2012.
In his candidate interview, he spoke with a deeper knowledge of how judges can be unfair to defendants — in ways he would not. He says that he appreciates judges who ask lawyers from both the State Attorney and Public Defender offices to “get together before court and decide what will move forward, what will not, what’s continued. That way, Vereen says, they don’t have to give the judge a long explanation of their positions. It helps move things along, Vereen said. Otherwise, he said, “Families are waiting all day.”
We find him the more-seasoned candidate in this race.
Miami Herald recommends RODERICK VEREEN for Miami-Dade Circuit Court, Group 57.
GROUP 65
In the past, we have endorsed attorney Denise Martinez-Scanziani. We still respect her work, but our scales tipped slightly in favor of incumbent Thomas Rebull because of his deep experience on the bench. Rebull is a seasoned jurist who knows the law.
A Dade County Bar poll rated Rebull highly qualified. And we agree.
That said, ours is not a full-throated recommendation: We are somewhat concerned by a few complaints we’ve received about Rebull’s judicial temperament. He has a reputation in some circles of being brusque with those who appear in his courtroom. Rebull denies he has a temperament issue.
“All of the litigants and parties who appear before me are treated with respect and have a full opportunity to be heard,” he told the Board.
We’re confident he will be more cognizant of the issue.
Rebull is the more-experienced candidate. He says he has handled thousands of cases and more than 100 jury trials. By the time he was appointed to the bench by Gov. Rick Scott in 2011, he had 16 years of private-practice experience under his belt. He ran unopposed in 2014.
Martinez-Scanziani is a family law trial and appellate attorney with more than 20 years of experience. She says she is one of only 33 attorneys in Miami-Dade who is board certified in marital and family law. She also promises that her temperament in the courtroom will be a welcoming one.
“Every person who enters my courtroom will be treated with dignity and respect,” Martinez-Scanziani told the Board.
Martinez-Scanziani first ran for a circuit judge seat in 2008. Two years earlier, she ran unsuccessfully in a crowded race. She is a thoughtful candidate who wants to run a courtroom for all. But her experience stacked up against Rebull’s is hard to reconcile.
The Miami Herald recommends THOMAS REBULL for Miami-Dade Circuit Court, Group 65.
GROUP 67
Incumbent Circuit Judge Mavel Ruiz is being challenged by criminal defense attorney Marcia Giordano Hansen, who started her 19-year career as a public defender, worked at a law firm and is now a solo practitioner. She has experience in state, federal, criminal and civil law.
Ruiz beat an incumbent six years ago to win her seat; now she’s facing the same challenge.
Giordano Hansen says that after a varied 20-year law career she’s ready for the bench. She has been vetted through the rigorous Judicial Nominating Commission process.
“My well-rounded perspective will be beneficial on the bench,” she said. She would keep her court docket under control through organization and preparedness, she said.
Incumbent Ruiz may be perceived as beatable. That’s because in March, she was reprimanded by the Florida Supreme Court. She and several other current and former judges signed a letter that sided with an organization in a competitive bid fight over a South Florida child welfare government.
In 2018, the judges wrote a letter to the Florida Department of Children & Families endorsing the group Our Kids in the re-bidding of a contract to serve foster kids in Miami-Dade and Monroe counties. The contract was potentially worth $500 million. The letter had no clear effect on the bitter process, but it was a blunder by the judges and viewed as a violation of judicial canons. Ruiz admits to the error. “I deeply regret it, but there was zero allegations of any corruption.”
She says the letter supporting Our Kids was signed by two-thirds of the county’s dependency judges, who believed they had a right, under an exception, to advise DCF about a provider. “The motivation was to support a model that would protect the most vulnerable children and families in our community,” Ruiz said.
Giordano Hansen, who says she has never been reprimanded, questions Ruiz’s “judgment and impartiality.”
Both candidates say COVID-19 is changing the judicial system. “I think COVID-19 has made us take a hard look at the bail system for criminal defendants,” Ruiz said. “To keep someone in jail for a petty crime at the risk of catching a virus because they can’t make bail … it’s highlighted the unfairness of the system.”
Giordano Hansen says the evolution to platforms like Zoom will likely save money for clients in billing costs. “It will also save a lot of time for judges to be able to handle their cases quickly,” she said. Both candidates say they are well-aware that docket management is imperative to their job. That’s good news for the public.
It’s clear that Ruiz made a mistake. We think it was well-intentioned, and she has expressed regret. Otherwise, we find her to be a hardworking and efficient jurist.
The Miami Herald recommends MAVEL RUIZ for Miami-Dade Circuit Court, Group 67.
GROUP 75
Incumbent Circuit Court Judge Dava J. Tunis’ opponent, private attorney Rosy Aponte, is trying for the third time to make it to the bench.
Tunis has been a judge for almost 20 years, since she first was appointed by Gov. Jeb Bush to the County Court bench in 2000 and was then elevated to Circuit Court in 2005. She has been re-elected three times without opposition — until this year.
And that is one of the reasons Aponte says she is challenging Tunis. “She was not elected to the bench by the people,” said Aponte, who recently ran into trouble while appearing at a candidate forum when she referred to Blacks as “colored.” There have been reports that Aponte is dropping out, but she told the Board in an email Tuesday she is “being cyberbullied.” She remains in the race, she said.
Still, there is no evidence that the incumbent Tunis has done anything but a solid and professional job on the bench. She has a reputation of being an experienced and knowledgeable judge who is always prepared.
She usually gets the tough ones, she said: “I have presided over numerous protracted and complex trials, including first-degree-murder and death-penalty cases,” she told the Board. She has also handled cases involving domestic violence, civil family injunctions and juvenile matters.
In her courtroom, she also sets an example. “I treat all parties with dignity and respect and assure the highest ethical standards are followed.”
We see no reason why the experienced Tunis should not retain her seat — this time, elected by the people.
The Miami Herald recommends DAVA J. TUNIS for Miami-Dade Circuit Court, Group 75.
MIAMI-DADE COUNTY COURT
GROUP 9
Coral Gables attorney Miguel “Mike” Mirabal is a thoughtful attorney who obviously cares about his community and is determined to give back and make a difference from the bench. He is challenging incumbent Joseph Mansfield, who is assigned to the county criminal division.
There are no black marks on Mansfield’s judicial report card. He was a Miami-Dade assistant state attorney for 16 years before he was appointed to the bench by Gov. Rick Scott in 2017. He says he manages his calendar efficiently and exhibits a respectful demeanor in his courtroom.
”I want everyone who walks into my courtroom to feel heard, even if I don’t rule in their favor. I want them to feel they got a fair shake,” Mansfield told the Board.
A lawyer with more than 16 years of experience, Mirabal has worked in several areas of the law in the United States, Latin America and Europe. Now in private practice, he says his long career will makes him a responsive judge.
“Each person who appears before the court is entitled to respect, fairness and impartiality. For many, it is the first, and maybe their only, experience with the legal system,” Mirabal said.
We’re troubled by a Dade County Bar Association poll that showed that 99 out of 1,138 local attorneys surveyed — Mirabal’s peers — deem him unqualified to be a judge. Mirabal says the poll should be discounted because it’s too narrow to make a real determination. But it gives us pause.
Judge Mansfield is a knowledgeable and responsible judge and should be re-elected.
The Miami Herald recommends JOSEPH MANSFIELD for Miami-Dade County Court, Group 9.
GROUP 24
County Court Judge Christine Bandín also faces an opponent who thinks she should be challenged because she was appointed by a governor, not elected.
Shaun Spector, a Coral Gables commercial litigator and a newcomer to politics, says he’s challenging Bandín because she was appointed 18 months ago.
Bandín was appointed to the bench by Gov. Rick Scott in 2018 after going through the rigorous, but sometimes political, Judicial Nominating Commission process. She had been an attorney for 12 years and was a partner at Shutts & Bowen. Bandín is assigned to the court’s domestic-violence division.
Bandín says she is passionate about the law, the pursuit of justice and ensuring that everyone who wants access to the courts is given that opportunity. “I love my job,” she said.
She recognizes how coronavirus will change the courtrooms across the county. “The silver lining to COVID-19 is that everybody has been forced into this new reality ... Zoom has made it very easy to conduct business in a new way,” she said.
Spector says it will make justice more affordable for clients, who won’t have to take a full day off from work for a hearing, or pay an attorney to wait for hours in a courtroom, racking up more billable hours.
Although a relatively new judge, Bandín has cultivated a solid reputation as being hardworking and earnest. She’s earned another go-round on the bench.
The Miami Herald recommends CHRISTINE BANDÍN for Miami-Dade County Court, Group 24.
This story was originally published August 6, 2020 at 6:00 AM.