Judges of the Fourth District Court of Appeal

Judges of the Fourth District Court of Appeal who face a Merit Retention vote in the November 4, 2014 General Election

Frequently Asked Questions Why am I being asked to vote on judges? Florida law requires Florida Supreme Court justices and appeals court judges to be placed on the ballot in nonpartisan elections every six years so voters can determine whether the judges or justices should remain on their courts for another six-year term. These are called merit retention elections. This year about one-third of our 61 appeals court judges will be on the ballot; there are no Supreme Court justices on the ballot this year. The appearance of a judge or justice on the ballot does not indicate anything about his or her performance or actions as a judge. What do Yes and No votes mean? A Yes vote means you want the judge or justice to remain on the court for another six-year term. A No vote means you want the judge or justice to be removed from the court. The majority of voters decides whether the judge or justice remains on the court. Do appeals court judges and Supreme Court justices have opponents in merit retention elections? No. Your vote determines whether each judge or justice should remain on the court. They are not running against opponents or each other. Merit retention elections are nonpartisan. In nonpartisan elections, candidates appear on the ballot without reference to any political party, (e.g. Democrat or Republican). Florida law requires judicial elections to be nonpartisan in order to preserve impartiality. How do appeals court judges and Supreme Court justices get on the court? The governor appoints judges or justices from lists submitted by Judicial Nominating Commissions, which screen candidates and make recommendations based on the merits of applicants. Newly appointed judges go on the ballot for the first time within two years after appointment. If the voters retain them, they then go on the ballot again every six years. Which courts are subject to merit retention elections? The Florida Supreme Court and the five District Courts of Appeal are subject to merit retention elections. Can judges who commit unethical acts be removed from office? Yes. This can result after an investigation by the Judicial Qualifications Commission, which is an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges. Through this system, judges have been removed from office for ethical violations. For more information, visit www.floridajqc.com. Where can I find results from prior merit retention elections? The Florida Division of Elections (accessible through www.floridabar.org/thevotesinyourcourt) maintains a searchable database of election results since 1978. Merit retention elections occur only during general elections in even numbered years if any appeals court judges or justices are nearing the end of their terms. For more information on Florida courts, visit http://www.flcourts.org.

FOURTH DISTRICT COURT OF APPEAL Counties: Broward, Indian River, Okeechobee, Palm Beach, St. Lucie, Martin For more information: www.4dca. org ALAN ORANTES FORST BIRTH YEAR: 1958 BIRTH PLACE: Pittsburgh, Pa. HOME TOWN: Palm City, FL SPOUSE: Diana Orantes Forst CHILDREN: Three (ages 23, 22 & 22 as of 11/1/14) DEGREES: J.D., Columbus School of Law of the Catholic University of America, 1985; B.S. Georgetown University School of Foreign Service, 1980. LEGAL OFFICES & POSITIONS: Judge, Fourth District Court of Appeal, 2013-present; chair, Florida Reemployment Assistance Appeals Commission/Unemployment Appeals Commission, 2001-2013 (appointed to two terms by Gov. Jeb Bush and a third term by Gov. Charlie Crist); associate and partner at Crary Buchanan, 1998-2001; Labor and Employment Law trial attorney, Office of General Counsel, U.S. Department of Commerce, 1997-98; Counsel to vice chair/ member of the Merit Systems Protection Board, 1993-1997; Instructor, Northern Virginia Law School, 1994; counsel to Administrator of Wage and Hour Division, U.S. Department of Labor, 1992; counsel to director of OFCCP, U.S. Department of Labor, 1989-92; special assistant/counsel to chairman of the Equal Employment Opportunity Commission, 1987-89; staff attorney, U.S. Department of Education, 1986-87; Counsel and editor, National Legal Center for the Public Interest, 1986; law clerk, U.S. Department of Justice, 1985; special assistant to the president, U.S. Legal Services Corporation, 1983; staff assistant to the assistant attorney general for Civil Rights, U.S. Department of Justice, 1982; special assistant to the director, U.S. Commission on Civil Rights, 1981-82; staff of the Presidential Inaugural Committee 1980-81; intern 1

for Senator Richard Stone (D. FL, 1980) and Senator S.I. Hayakawa (R. CA, 1978). BAR OFFICES & ACTIVITIES: Member, The Florida Bar, 1986-present; chair, The Florida Bar Labor and Employment Law Section, 2008-09 (officer 2004-10; Executive Council, 2000-present); president, Martin County Bar Association, 2007-08 (officer 2004-10); Executive Council, Voluntary Bar Liaison Committee, 2008-12; Executive Council, Constitutional Judiciary Committee, 2012-present. Past member of Port St. Lucie Bar Association and Palm Beach County Hispanic Bar Association. Have attended installation dinners of Broward County, South Broward County, Palm Beach and South Palm Beach County Bar Associations. OTHER CIVIC ACTIVITIES: Founder (2005) and chair (2005-Present) of Martin County Bar Association Constitution Week Program; vice president of Temple Beit Hayam, 2006-08; vice president of Danforth HOA, 2000-01; youth soccer coach, 1997-2002; Federalist Society Chapter and Practice Group vice president, 1999-present; coordinator of Federalist Society National Student Symposium, 1985. HONORS & AWARDS: Secretary of Labor s Exceptional Achievement Group Reward (1993) for participation as a member and team leader of the U.S./Mexico Child Labor Study Group. Included in numerous Who s Who publications, commencing with Who s Who among American Law Students (1985). Schoonover Professional of the Year award from the Human Resources Management Association of Martin County (2000). Numerous awards for work for The Florida Bar s Labor and Employment Law Section, including 1999-2000 and 2010-11 volunteer of the year. Martin County Bar Association Madison Award (2009) in recognition of encouraging respect for the U.S. Constitution and Appreciation of the Rule of Law. High School National Honor Society. Several Dean s Lists at Georgetown. Included in Who s Who Among American Law Students (Summa Publishing 1985). Honored by the Federalist Society for serving as the student coordinator of the 1985 national symposium in March 1985 at Georgetown Law School, as well as the founder and first president of the Catholic University Federalist Society chapter. Commencing in June 2014, the Reemployment Assistance Appeals Commission award for career service will be named the Alan Orantes Forst Award. PUBLICATIONS: Action Pending; Tort Reform in the U.S. Congress and the State Legislatures (1986) (one of the authors, though uncredited, as well as the editor); Judicial/Legislative Watch Report (10 issues, 1986-87); The Forgotten Agency (Florida Bar Labor and Employment Section Newsletter 1997); The Future of Workplace Law and Policy (Heritage Foundation & Federalist Society 1997); Discrimination on the Basis of Sex in Employment in Education Programs and Activities (Independent Women s Forum Issue Analysis June 1999) (one of the 2

authors). Love Beneath the (Docket) Sheets: Office Romance and Sexual Discrimination Law, Florida Bar Journal (March 1999). Numerous articles for the Sidebar, the monthly newsletter of the Martin County Bar Association, including a monthly President s article during 2007-08 presidency. Authored four Chairman s Messages for the Labor and Employment Law Section s newsletter, The Checkoff. MARK WAYNE KLINGENSMITH BIRTH YEAR: 1961 HOMETOWN: Stuart SPOUSE: Wendy H. Werb CHILDREN: Two DEGREES: Juris Doctor, University of Florida (1985); Bachelor of Arts, University of Florida (1982). LEGAL OFFICES & POSITIONS: Appointed by Gov. Rick Scott to the Fourth District Court of Appeal, 2013-present; appointed by Gov. Rick Scott to Circuit Court, Nineteenth Judicial Circuit, commissioned 2011, elected 2012; shareholder, Sonneborn Rutter Cooney & Klingensmith PA, West Palm Beach, FL, 1992-2011; junior partner, Metzger Sonneborn & Rutter PA, West Palm Beach, FL, 1990-92; associate, Metzger & Sonneborn PA, West Palm Beach, FL, 1986-90; adjunct professor, Legal Aspects of Health Care Administration, Nova Southeastern University, Winter 1997; Phi Alpha Delta Law Fraternity, University of Florida (president 1984-1985). BAR OFFICES & ACTIVITIES: The Florida Bar, 1986-present; State Bar of California (inactive) admitted 1986; U.S. District Court, Southern District of Florida (Trial Bar), 1988-2012; U.S. District Court, Middle District of Florida, 1988-2012; U.S. Supreme Court, admitted 1991; Florida Bar Board Certified, Civil Trial, 2001, re-certified 2006, 2011; Rules of Civil Procedure Committee, The Florida Bar, 1997-2003; Steering Committee, Florida Civil Trial Practice, The Florida Bar Publications, 1997-present; Grievance Committee for the Fifteenth Judicial Circuit, 1997-2000; 2003-05, chair, 2000; Florida Bar Rules of Judicial Administration Committee, 2003-09; Florida Conference of Circuit Judges, 2011-13; Martin County Bar Association, 1999-present; American Board of Trial Advocates, 2007-present; Justice Major B. Harding Inns of Court (Master), 2004-present. OTHER CIVIC ACTIVITIES: Town of Sewall s Point, FL, mayor 2010-11, vice-mayor 2009-10, commissioner 3

2008-09; University of Florida Law School Board of Trustees, 2011-present; University of Florida Law Alumni Council, president 2006-07; Florida Blue Key, University of Florida; University of Florida Alumni Association, life member; district chair, Treasure Coast District, Gulf Stream Council, Boy Scouts of America, 2008-present; Executive Board, Gulf Stream Council, Boy Scouts of America 2008-present; Children s Services, Council of St. Lucie County, 2011-13; Executive Roundtable of St. Lucie County, 2011-13; Board of Directors, Palm Glades Girl Scout Council, 1993-99. HONORS & AWARDS: AV Rated by Martindale-Hubbell; Florida Super Lawyers, 2007-10. PUBLICATIONS: Editor-in-Chief, Florida Journal of International Law, University of Florida College of Law 1984-1985. Author: Opening Statements, Florida Civil Trial Practice (8th Ed., 2010; 9th Ed., 2012), The Florida Bar Publications. Author: Attorney-Client Relationship, Florida Civil Practice Before Trial (7th Ed., 2004; 8th Ed., 2009; 9th Ed., 2011; 10th Ed., 2013), The Florida Bar Publications. Author: In Celebration of Constitution Day, Friendly Passages, Rupert J. Smith Law Library of St. Lucie County (September/October 2012). Author: Trial Practice and Civility: In Pursuit of Good Manners, Friendly Passages, Rupert J. Smith Law Library of St. Lucie County (November/December 2012). Author: Are fewer trials a good thing? The jury is still out, Friendly Passages, Rupert J. Smith Law Library of St. Lucie County (January/February 2013). Author: Appropriate Courtroom Dress, Friendly Passages, Rupert J. Smith Law Library of St. Lucie County (March/April 2013). Author: Law Day: Celebrating the Rule of Law, Friendly Passages, Rupert J. Smith Law Library of St. Lucie County (May/June 2013). Author: Mentoring, Friendly Passages, Rupert J. Smith Law Library of St. Lucie County (July/August 2013). Author: Deposing the Plaintiff s Economic Damages Experts, The Defense Speaks: FDLA Defense Manual (1st Ed., July 2006). Author: Compensatory Damages Slashed by Florida Court: The Impact of First Healthcare Corp. v. Estate of Barnes, Nursing Home Legal Insider, Vol. 1, Issue 1 (September 1999). Author: The Five Myths of Nursing Home Litigation, LRP Publications (1998). Author: Addressing the Younger Person in Jury Selection, Personal Injury Verdict Reviews, Vol. 6, Issue 8 (April 13, 1998). Author: Ten Years of Medical Malpractice Reform: Brickbats and Bouquets, FDLA Trial Advocates Quarterly (Winter 1997). Author: Medical Malpractice Litigation, Florida Keystone, Lawyer s Desk Library of Practice (1996). co-author: The Hospital s Risk From Innkeeper to Insurer, Florida Bar Journal (July-August 1986). 4

W. MATTHEW STEVENSON BIRTH YEAR: 1953 BIRTH PLACE: Key West SPOUSE: Dannette Stevenson CHILDREN: Three DEGREES: J.D., Florida State University, 1978; B.A., Criminology, Florida State University, 1975. LEGAL OFFICES & POSITIONS: Judge, Fourth District Court of Appeal, 1994-present/chief judge, 2005-07; circuit court judge, Fifteenth Judicial Circuit, 1990-94; mediator, Mediation Inc., of Fort Lauderdale, 1987-90; administrative hearing officer, Florida Division of Administrative Hearings, 1985-87; trial counsel, Judge Advocate General s Corps, United States Navy, 1981-85; law clerk for the Honorable Joseph W. Hatchett while serving on both the Florida Supreme Court and the U.S. Court of Appeals for the Fifth Circuit, 1979-80; adjunct associate professor (criminal law and procedure), Florida A&M University, Tallahassee, 1979-80; assistant public defender, Fifteenth Judicial Circuit, 1978-79. BAR OFFICES & ACTIVITIES: The Florida Bar, 1978-present; admitted to practice before the U.S. Court of Appeals for the Fifth Circuit, 1980; National Bar Association, Florida Chapter; The Craig S. Barnard American Inn of Court, member emeritus; judicial advisor, The F. Malcolm Cunningham Sr. Bar Association, 2013; Council of Chief Judges of the State Courts of Appeal, Membership Committee, vice chair, 2014; Council of Chief Judges of the State Courts of Appeal, Executive Committee, 2007-10; Florida Supreme Court Committee on Alternative Dispute Resolution, Appellate Mediation sub-committee, 2006-09; Florida Supreme Court Committee on Alternative Dispute Resolution Rules, 2001-06; Florida District Court of Appeals Budget Commission, 2005-07; Professionalism Committee, 15th Judicial Circuit, 2000-06; faculty member, University of Florida/Florida Bar Trial Training Program for Prosecutors & Public Defenders, 1998-99; Florida Bar Juvenile Rules Committee, 1995-98; The National Council of Juvenile and Family Court Judges 1993-95; Florida Conference of Circuit Judges, 1990-94; Florida Bar Legal Fee Arbitration Committee, 15th Judicial Circuit, 1989-90; Palm Beach County Bar Association Client Relations Committee, 1989-90; Palm Beach County Bar Association Committee for the Needs of Children, 1988-90. OTHER CIVIC ACTIVITIES: Commissioned officer, United States Navy, 1981-85; Board of Trustees, Palm Beach Atlantic University, 1994-present; advisory board for Pre-Law Magnet 5

Program, Palm Beach Lakes High School, 1998-2001; Palm Beach County Criminal Justice Task Force, 1993-94; board member, The Boys and Girls Club of Palm Beach County, 1991-93; board member, the Children s Home Society, 1990-92; Kiwanis Club of West Palm Beach, 1990-96; Palm Beach County Urban League; Police Athletic League Boxing Program, volunteer official, 2004-present; National Golden Gloves Youth Boxing Program, Volunteer Official, 2004-present; Florida Gold Coast Amateur Boxing Association, volunteer official, 2004-present/Chief of Officials, 2010-12; nationally certified volunteer boxing official for youth amateur boxing programs with USA Boxing; Pride of Palm Beach Masonic Lodge #447, PHA, 2008-present. HONORS & AWARDS: Member, Editorial Board, Law Review, Florida State University College of Law, 1976-77; Trailblazer s Award, The Charmettes Women s Club, 1992; selected as faculty member for the National Conference on Juvenile Justice, Phoenix, AZ, 1995; Outstanding Contribution Award, Vision Teen Parent Program, 1998; Community Service Award, City of Boynton Beach Black Awareness Day Program, 2001; Outstanding Community Service Award, Tabernacle Missionary Baptist Church, 2010. PUBLICATIONS: Case Comment, The Right to Resist an Unlawful Arrest, 5 Fla. St. U. L. Rev. 2 (Spring 1977) (Received award for best student publication in Vol. 5). MARTHA C. WARNER BIRTH YEAR: 1950 BIRTH PLACE: St. Louis, Mo. SPOUSE: Thomas E. Warner CHILDREN: Three DEGREES: Masters of Law in the Judicial Process, University of Virginia, 1995; J.D. with high honors, University of Florida Law School, 1974; B.A., magna cum laude, The Colorado College, 1971. LEGAL OFFICES & POSITIONS: Chief judge, Fourth District Court of Appeal, 1999-01; judge, Fourth District Court of Appeal, 1989-present; circuit court judge, Nineteenth Judicial Circuit, 1986-88; private practice, 1974-85; admitted to The Florida Bar, 1974; admitted to practice in The U.S. Eleventh Circuit Court of Appeal, 1982; admitted to practice before the U.S. Supreme Court, 1985. 6

JUDICIAL and BAR OFFICES & ACTIVITIES: State: president, Conference of District Court of Appeal Judges, 2008-09; Supreme Court Committee on District Court of Appeal Performance and Accountability, 1998-present (chair 1998-08); Appellate Court Technology Committee, member 2011-present; Supreme Court Electronic Filing Committee, 2003-present; Publications Committee of the FCEC, 2001-12 (chair 2001); co-chair, Florida Court Education Council, 2002-06, member 1992-95; The Florida Legislature Committee on Legislative Reform of Judicial Administration, chair, 1998; FCEC Special Committee on Evaluation and Administration of Florida s Judicial Education Programs, chair, 1998; Committee on Trial Court Performance and Accountability, member, 1999-02; Florida College of Advanced Judicial Studies faculty member; Appellate Judges Conference Education Committee, member, 1992-99; The Florida Bar: Florida Bar Commission on the Legal Needs of Children, member, 2000-06; Florida Supreme Court Standard Jury Instructions Committee, member, 1987-98; Appellate Rules Committee, The Florida Bar, member, 1990-93; National: ABA Appellate Judges Conference Executive Committee, 2004-11, chair, 2009-10; chair, 2007 Appellate Judges Education Institute s National Education Conference; editor, Appellate Judges Section, ABA Judicial Division Record, 2003-05; ABA Standing Committee on Continuing Education, member, 2000-03; Planning Committee for ABA Complete Appellate Judge Seminar, member, 2000-02; ABA Oversight Committee for University of Virginia Masters in the Judicial Process Program, chair, 1999-00. OTHER CIVIC ACTIVITIES: Executive Committee, Martin County Arts Foundation, 2007-08; director, Martin County Council of the Arts, 1996-1998; American Heart Association, Board of Directors, Martin County Unit, 1982-89; general cochair, Martin County Heart Ball, 1983. HONORS & AWARDS: Chief Justice s Award of Judicial Excellence, 2005; Outstanding Jurist of 1992, Young Lawyers Division of The Florida Bar; Phi Beta Kappa, The Colorado College, 1971; member of the Editorial Board, University of Florida Law Review, 1974; Phi Kappa Phi, Honorary Social Science Fraternity, 1974; Order of the Coif, University of Florida Law School, 1974. PUBLICATIONS: Is Big Bad? Timeliness and Consistency on Large State Appellate Courts, 44 ABA Judges Journal 36 (Fall 2005); A Quality Improvement Project in Florida s Fourth District Court of Appeal, 41 ABA Judges Journal 16 (2002); Anders in the Fifty States: Some Appellants Equal Protection is More Equal than Others, 23 Florida State University Law Review 625 (1996); Case Comment, Conflict of Laws: Florida Fails to Adopt Modern Approach, 25 University Of Florida Law Review 629 (1973). 7

The Supreme Court of Florida reviews certain constitutional issues determined by the district courts of appeal and hears appeals in cases involving the death penalty. The Supreme Court also has jurisdiction over appeals in bond validation proceedings and actions relating to settling statewide utility rates. Florida s five district courts of appeal hear appeals from the circuit courts of those counties within their particular appellate districts. Some decisions from county courts in the districts also are subject to DCA review. Cases involve civil and criminal matters, and review of certain administrative actions of state government agencies. As a result of the 1980 amendment to the Florida Constitution, the district courts have final jurisdiction in most cases. This pamphlet is produced as a public service by The Florida Bar and is for informational purposes only. It is not intended to recommend retention or removal of any justice or judge. 07/14