Judges of the
First 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.
FIRST DISTRICT
COURT OF APPEAL
Counties: Alachua, Baker, Bay, Bradford,
Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
Franklin, Gadsden, Gilchrist, Gulf, Hamilton,
Holmes, Jackson, Jefferson, Lafayette, Leon,
Levy, Liberty, Madison, Nassau, Okaloosa, Santa
Rosa, Suwannee, Taylor, Union, Wakulla, Walton,
Washington
For more information: www.1dca.org
ROBERT T. BENTON
BIRTH YEAR: 1946
BIRTH PLACE: Indianapolis, Ind.
SPOUSE: Wings Slocum Benton
CHILDREN: Catherine Luden Benton
Lerner and Ann Tyrie Benton Kauff
DEGREES: LL.M., Harvard Law School,
1971; J.D., with honors, University of
Florida, 1970; B.A., The Johns Hopkins
University, 1967.
LEGAL OFFICES & POSITIONS:
Judge, First District Court of Appeal,
1994-present, Chief Judge, 2010-13; Hearing Officer (administrative law judge), Florida Division of Administrative
Hearings, 1977-94; research aide (law clerk) to Justice Joseph
W. Hatchett, Supreme Court of Florida, 1975-77; assistant
public defender, Twelfth Judicial Circuit of Florida, 1974-75;
interim assistant professor, University of Florida College of
Law, 1972-73; law clerk to Chief Judge William A. McRae, Jr.,
United States District Court, Middle District of Florida, 1972;
staff attorney, Florida Rural Legal Services, 1971; instructor,
Boston University School of Law, 1970-71.
BAR OFFICES & ACTIVITIES: Rules of Judicial Administration Committee, 2004-09, Chair 2007-08; Code and Rules of
Evidence Committee, 1995-2003; Committee on Appellate
Rules, 1987- 88, 1996-2003; Rules Committee, Florida Bar Administrative Law Section, Chair, 1984-86; Florida Bar Journal
Administrative Law Column, editor, 1987-89; Executive Committee, 1995-96; Committee on Designation, Administrative
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Law Section; National Judicial College, faculty advisor; William
H. Stafford Inn of Court 2003-06; American Bar Association,
2010-present; Tallahassee Bar Association, 1976-present; The
Florida Bar, 1970-present.
FLORIDA SUPREME COURT COMMITTEES: Judicial Ethics
Advisory Committee, 2003-present, Chair 2006-07; Supreme
Court Local Rules Advisory Committee, 2010-present, Chair
2013-present; At-large member for the Appellate Bench, Florida Court Education Council, 2001-04.
OTHER CIVIC ACTIVITIES: Habitat for Humanity, Tallahassee
Construction, Design and Site Selection Committee, 1984-85,
1992; St. John’s Episcopal Church, vestry, 1996-99, 2005-08;
Board Member, Florida Arts Community Enrichment, 1995-03;
Rotary Club of Tallahassee; Florida Committee of the Hurricane Island Outward Bound School; Holy Comforter Episcopal
Day School, member of board, 1984-86.
HONORS & AWARDS: Order of the Coif; Birch Award; Phi
Kappa Phi; Honorary University of Florida Law Center Scholarship; American Jurisprudence or other “book” awards:
Jurisprudence, Law and Medicine, Commercial Paper, Evidence, Constitutional Law, State and Local Taxation; Paul
Harris Fellow.
PUBLICATIONS: “Administrative Adjudication,” Florida Administrative Practice, Rev. 1981, 1990, 1993; co-author, “Attorneys’
Fees and Costs Awards,” Florida Administrative Practice,
1993; “The Rule Challenge,” Florida Bar Administrative Law
Section Newsletter, January 1993; “Fees, Costs and the APA,”
Practicing Before the Division of Administrative Hearings,
1992; “Administrative Proceedings,” Getting Paid for Doing
Good: Recovering and Defending Statutory Attorneys’ Fees,
1992; “Evidence in Formal Administrative Hearings,” Practice
Before the Division of Administrative Hearings, 1990; “Formal
Hearings Under Florida’s Human Rights Act,” The Florida Bar
Journal, October 1989; “Exhaustion of Administrative Remedies in Florida,” The Florida Bar Journal, June 1989, coauthor;
“Update on DOAH Rules,” Practice Before the Florida Division
of Administrative Hearings, 1986; “Highlights of the New DOAH
Rules,” The Florida Bar Journal, March 1986, co-author; “Retroactivity in Licensing Cases,” The Florida Bar Journal, June
1985; “Review of Non-Final Administrative Action,” Administrative Overview: Practical Aspects of Administrative Litigation,
1985; “Search and Seizure: Procedures, Suppression Motions
and Appellate Review,” The Florida Bar Journal, October 1975;
“Criteria in Civil Commitment Proceedings,” University of Miami
Law Review, 1973.
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JOSEPH LEWIS, JR.
BIRTH YEAR: 1953
BIRTH PLACE: Tallahassee
CHILDREN: Two
DEGREES: J.D., Florida State University College of Law, 1977; B.S.,
University of Montana, 1974
LEGAL OFFICES & POSITIONS:
Chief Judge, First District Court of Appeal, 2013-present; Judge, First District Court of Appeal, 2001-present;
Bureau Chief, Employment Litigation/
Civil Litigation Section, Office of the Attorney General, 19952000; Senior Attorney, General Civil Litigation Section, Office
of the Attorney General, 1981-1995; Assistant Public Defender,
Second Judicial Circuit, 1978-1981; Judicial Research Aide,
Florida Industrial Relations Commission, 1977-1978.
BAR OFFICES & ACTIVITIES: Supreme Court Standard
Jury Instructions Committee, 2011-present; Post Conviction
Subcommittee of the Criminal Court Steering Committee,
2007-2011; Rules of Judicial Administration Committee, 20072012 (Representative, 2003-2005); Criminal Law Section,
2002-present (Executive Council, 2002-2008); Appellate
Court Rules Committee, 2001-2007 (Vice Chair, 2004-2005);
Government Lawyer Section, 1997-present (Treasurer, 20022004; Secretary, 2001-2002; Executive Council, 1998-2001;
At-large Representative, 1997-2001); Labor and Employment
Law Section, 1999-2000; Federal Court Practice Committee,
1997-2002 (Vice Chair, 2000-2001); Second Circuit Fee
Arbitration Committee, 1998-2000 (Vice Chair, 1999-2000);
Tallahassee Bar Association, 1996-present (Board of Directors,
1999-2001); Master Judge, First District Appellate American
Inn of Court, 2013-present; Master of the Bench, William H.
Stafford American Inn of Court, 2002-2005; Government Bar
Association, 1991-present (President, 1995-1996; Vice President, 1994-1995); Virgil Hawkins Florida Chapter, National Bar
Association, 1995-present; Tallahassee Barristers Association,
1980-present. Admitted to Practice Before: U.S. District Court,
Northern, Middle, and Southern Districts of Florida; Trial Bar,
U.S. District Court for the Southern District of Florida; U.S.
District Court for the District of Arizona; U.S. Circuit Court
of Appeals for the Ninth, Tenth and Eleventh Circuits; U.S.
Supreme Court.
OTHER CIVIC ACTIVITIES: Current Activities: Tallahassee
Urban League. Past Activities: Mentor, Leon County Public
Schools; Board of Directors, Boys and Girls Club of the Big
Bend; Member, Rickards High School Foundation Bylaws
3
Committee; Lincoln High School Quarterback Club; Charter
Member, C.K. Steele Memorial Jaycees; Parent-Volunteer,
PGA Junior Golf Association; Coach, Little League; and
provided pro bono legal services and counseling through the
Legal Aid Foundation of the Tallahassee Bar Association and
Legal Services of North Florida, Inc.
HONORS & AWARDS: Florida Bar Meritorious Public Service
Award, 2000; “AV” rating, Martindale-Hubbell Law Directory,
1998; Community Service Award for Outstanding Contributions
in the Delivery of Pro Bono Legal Services, Neighborhood
Justice Center and Legal Services of North Florida, Inc., 1997;
Florida Government Bar Association Award for Complete
Dedication to the Advancement of the Organization, 1996;
Claude Pepper Outstanding Government Lawyer Award of The
Florida Bar for Exemplifying the Highest Ideals of Dedication,
Professionalism, and Ethics in Serving the Public as a Government Lawyer, 1995; Certificate of Appreciation, Boys and
Girls Club of the Big Bend, 1995; Community Service Award
for Outstanding Contributions in the Delivery of Pro Bono Legal
Services, Legal Services of North Florida, Inc., and the Second
Judicial Circuit, 1994; and various undergraduate academic
awards, including Dean’s List, University of Montana, 1974.
PUBLICATIONS: CLE Materials on Prosecutorial Immunity.
SCOTT MAKAR
BIRTH YEAR: 1959
HOME TOWN: Jacksonville
SPOUSE: Nancy Hogshead-Makar
CHILDREN: Three
DEGREES: Ph.D. (Economics) University of Florida, 1993; J.D. (upper
10 percent), University of Florida
College of Law, 1987 (University of
Florida Law Review, Gertrude Brick
Law Review Award, Best Note, Fall
1985; University of Florida Journal
of Law and Public Policy, Founder & Editor-in-Chief, Book
Awards: Antitrust & Florida Constitutional Law); M.B.A. (finance), University of Florida,1982, M.A. (economics), Uniersity
of Florida 1982; B.S. (mathematics and economics) (magna
cum laude), Mercer University, 1980, Manatee HIgh School,
Bradenton, Florida,1977.
LEGAL OFFICES & POSITIONS: Judge, First District Court
of Appeal (appointed by Gov. Rick Scott) (2012 to present).
Solicitor General, State of Florida, (2007-2011, appointed by
Attorney General Bill McCollum and 2011-2012, appointed
4
by Attorney General Pam Bondi. Chief, Appellate Division,
Office of General Counsel, Consolidated City of Jacksonville,
Florida (2001-2007). Capital Partner/Partner/Associate/Summer Associate, Holland & Knight, Jacksonville,Tallahassee &
Tampa offices (1986, 1987, 1989-2001). Judicial Clerk, Judge
Thomas A. Clark, U.S. Court of Appeals, Eleventh Circuit,
Atlanta, Georgia (1988-89). Legal Intern, United States Department of Justice, Antitrust Division, Transportation Section,
Washington, D.C. (1985).
BAR OFFICES & ACTIVITIES: Member, American Law
Institute (elected December 1999). The Florida Bar: Founding Member & Executive Council, Appellate Practice and
Advocacy Section (1994-1997; member 1994-present). Past
Member, Antitrust Committee, Franchise Committee, Media Law Committee, Health Care Law Committee; Judicial
Administration, Selection and Tenure Committee; & Public
Utilities Committee. Chair, 2005-07; Chair-Elect 2003-04; &
Member, Florida Supreme Court Standard Jury Instructions
Committee (Civil) (1995-2010). Master Lawyer & Alumnus,
William H. Stafford American Inn of Court (Tallahassee,
Florida) (2007-present). Master Lawyer, First District Appellate Inn of Court (Tallahassee, Florida)(2008-present).
Jacksonville Bar Association. Chair, Jacksonville Bar Association, Appellate Practice Section (2001-02); founding
member (2000-present). Member, Governor’s Task Force on
Capital Cases (appointed to 15 member group by Governor
Jeb Bush on January 14, 2000).
OTHER CIVIC ACTIVITIES: Adjunct Professor, University
of Florida College of Law (2011-present). Courses taught:
Appellate Law and Policy; Florida, The Constitution & The
United States Supreme Court. Richard W. Ervin Chair, FSU
College of Law (2007-2011). Courses/times taught: Appellate
Law and Policy (2); Judicial Opinion Writing; Florida, The
Constitution & The United States Supreme Court; Famous
Florida Trials; Amicus Briefs; Topics in Florida Constitutional
Law; & Solicitors General and Appellate Policy. Adjunct Professor, Florida Coastal School of Law (2000-2007). Courses/
times taught: Florida Constitutional Law (9); Florida, The
Constitution & The United States Supreme Court (2); Education and the Constitution (2); Civil Rights; Antitrust Law; &
Media Law and Ethics. Adjunct Instructor, University of North
Florida, Department of Communications and Visual Arts.
Course: Ethics and Law of Communications (Spring 1999,
Fall 1999, & Spring 2000). Lecturer, Jacksonville University.
Course: Education and Constitutional Law (Summer 1995).
Adjunct Instructor, University of North Florida, Department of
Political Science & Public Administration. Course: The United
States Supreme Court and the Constitution (1993). Adjunct
Instructor/Visiting Assistant Professor, University of Florida,
College of Business Administration. Course/times taught:
Legal Environment of Business. (1984-87)(6)/(1987-88)(2).
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HONORS & AWARDS: U.S. Supreme Court, Cases Argued:
Holland v. Florida, 130 S. Ct. 2549 (2010); Stop the Beach
Renourishment Inc. v. Florida Department of Environmental
Protection, 130 S. Ct. 2592 (2010); Sullivan v. Florida, 130 S.
Ct. 2059 (2010); Graham v. Florida, 130 S. Ct. 2011 (2010);
Florida Dep’t of Revenue v. Piccadilly Cafeterias, Inc., 128 S.
Ct. 2326 (2008). Most cases (4) argued by a state solicitor general in a single term of the U.S. Supreme Court (2009 Term).
Manager of the Year, Office of the Attorney General (2009).
Distinguished Service Award, Office of the Attorney General
(2010). Barbara W. Sanders Writing Competition Award (annual award for best legal writing), The Florida Bar, 1994-95 (1st
Place); 1992-93 (2nd Place); 1991-92 (2nd Place).
PUBLICATIONS:
Law Reviews and Journals
Last Words on Recent Developments: Browning v. Florida
Hometown Democracy, Inc.: A Case Study in Judicial Opinion
Writing, 41 Stetson L. Rev. 477 (2012). Reflections on Stop
the Beach Renourishment v. Florida Department of Environmental Protection, 61 Syracuse Law Rev. 281(Fall 2010).
Tenth Anniversary of Florida’s Solicitor General: Introductory
Remarks, 37 Florida State University Law Review 215 (Fall
2009). Dedication: Chesterfield Smith, 15 University of Florida
Journal of Law & Public Policy 1 (Fall 2003). Son of Snyder:
Municipal Annexations and Quasi-Judicial Proceedings,
1 Florida Coastal Law Journal 133 (Summer 1999) (with
Michael L. Buckner). Proverbially Speaking: Bad Apples,
Philadelphia Lawyers, and Red Cows, 7 University of Florida
Journal of Law & Public Policy 113 (1995), reprinted in 70
Florida Bar Journal 48 (January 1996). The Essential Facility Doctrine and the Health Care Industry, 21 Florida State
University Law Review 913 (1994). Workers’ Compensation
Group Self-Insurance Funds: Some Reform Proposals, 12
Journal of Insurance Regulation 57 (Fall 1993) (with Tom
Jones and David Nye). Antitrust Immunity Under Florida’s
Certificate of Need Program, 19 Florida State University Law
Review 149 (1991). Antitrust and the State Action Doctrine:
An Analysis of Recent Supreme Court and Eleventh Circuit
Cases, 4 University of Florida Journal of Law & Public Policy
59 (1991). The Structure of the Medical Malpractice Insurance Market: If It Ain’t Broke, Don’t Fix It, 5 Yale Journal
On Regulation 427 (1988) (with Roger Blair). In Defense of
Franchisors: The Law and Economics of Franchise Quality
Assurance Mechanisms, 44 Villanova Law Review 721 (1988)
(lead article). “In the Ordinary Course of Business”: The
Legal Limits of Workplace Wiretapping, 10 Hastings Journal
of Communications & Entertainment Law 901 (1988) (lead
article with Martha Barnett). Attorney Advertising: The Case
for Quality and Self Laudatory Claims, 37 University of Florida
Law Review 969 (1985), reprinted as lead article in 35 Law
Review Digest 4 (1986).
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Other Articles
Litigious Students and Academic Disputes, The Chronicle of
Higher Education, B20 (Nov. 8, 2002) (discussing trends in
student litigation). Litigating the Amount of Attorneys’ Fees:
A Proposal For Reform, 73 Florida Bar Journal 16 (October
1999) (with Judge James C. Hauser). In Praise of Older
Judges: Raise the Mandatory Retirement Age?, 71 Florida Bar
Journal 48 (April 1997). Post-Judgment Motions For Attorneys’
Fees: Time For A Bright-Line Rule, 71 Florida Bar Journal 4
(February 1997) (lead article). Geographic Information Systems: Legal and Policy Implications, 70 Florida Bar Journal 44
(November 1995) (with Michael R. Makar, Jr.), reprinted in 3
GIS LAW 12 (1996). Vanishing Precedent: Settlement Vacatur
on Appeal, 69 Florida Bar Journal 18 (November 1994) (lead
article & Sanders Award). Local Government, Privatization,
and Antitrust Immunity, 68 Florida Bar Journal 38 (April 1994).
Professionalism, Civility, and Aspirational Conduct, 68 Florida
Bar Journal 14 (March 1994) (lead article with Ray Ehrlich).
Judicial Staff and Ethical Conduct, 66 Florida Bar Journal 10
(Nov. 1992) (lead article). “Honey I Shrunk the First Amendment”: Free Speech on High School and University Campuses,
66 Florida Bar Journal 13 (June 1992) (lead article & Sanders
Award), reprinted in 14 Children’s Legal Rights Journal 29
(Winter/Spring 1993). Anticompetitive Actions in the Administrative Forum: Antitrust and State Law Reme7ies, 66 Florida
Bar Journal 33 (Feb. 1992) (Sanders Award).
TIMOTHY D. OSTERHAUS
BIRTH YEAR: 1971
HOMETOWN: Tallahassee
SPOUSE: Kristina Reynolds
Osterhaus
CHILDREN: Four
DEGREES: J.D., University of Virginia, 1997; B.A., with highest honors,
King College (Tenn.), 1993; Bristol
Tennessee High School, 1989.
LEGAL OFFICES & POSITIONS:
Judge, First District Court of Appeal,
2013-present; Solicitor General of Florida, 2012-13; Richard W.
Ervin Eminent Visiting Scholar Chair, Florida State University
School of Law, 2012-13; Deputy Solicitor General, 2007-2012;
Assistant General Counsel, Florida Department of Education,
2005-2007; solo practitioner, 2004-2005; Associate, Arent Fox
(Wash., DC), 2000-04; Associate, Howrey & Simon (Wash.,
DC), 1998-99; Law Clerk, United States District Court (Judge
Ryskamp), S.D. Fla., 1997-98.
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BAR OFFICES & ACTIVITIES: Member, Florida Bar,
1998-present; Appellate Court Rules Committee, 2008-2013;
Education Law Committee, 2006-08.
OTHER CIVIC ACTIVITIES: First District Appellate American
Inn of Court, 2008-present; FSU Law School (have assisted
moot court teams, judged first-year oral arguments, spoken
at student club events, and served as a guest panelist in
various classes); St. Peters Anglican Church, 2008-present; Federalist Society (Tallahassee Lawyers Chapter),
2005-present.
HONORS & AWARDS: Legal Elite (Government), Florida
Trend Magazine, 2010; Distinguished Service Award, Office of
the Attorney General of Florida, 2010; Distinguished Service
Award, Office of the Attorney General of Florida, 2009.
L. CLAYTON ROBERTS
BIRTH YEAR: 1965
BIRTH PLACE: Cherry Point, N.C.
SPOUSE: Trelles D’Alemberte
CHILDREN: Two
DEGREES: J.D., Florida State University, College of Law, 1991; United
States Military Academy, West Point,
NY; Bachelor of Science 1987.
LEGAL OFFICES & POSITIONS:
Judge, First District Court of Appeal,
2007-present; Deputy Attorney General, State of Florida, 2006-07; Executive Deputy Attorney
General, State of Florida, 2003-06; General Counsel, Florida
Department of State, 2002-03; Director, Florida Division of
Elections, 1999-02; Council Attorney, Public Responsibility
Council, Florida House of Representatives, 1998-99; Staff
Director, Committee on Election Reform, Florida House of
Representatives, 1997-98; Staff Attorney, Committee on
Executive Business, Ethics & Elections, Florida Senate,
1995-97.
BAR OFFICES & ACTIVITIES: William H. Stafford American
Inn of Court; Florida Government Lawyers Bar Association;
Florida Bar - Sections: Government Lawyer; Administrative
Law; City, County and Local Government Law.
OTHER CIVIC ACTIVITIES: Adjunct Professor of Law, Florida
State University, Florida Constitutional Law and Election Law,
2004-2013; Adjunct Professor of Law, St. Thomas University,
Florida Constitutional Law, 2005; Lectured frequently on
Florida Public Records Law, Ethics Law and Elections Law.
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Cub Scout Den Leader 2008-2013, Boy Scout Assistant Scout
Master 2013 – Present.
HONORS & AWARDS: Florida Coalition for Disability Rights,
Key to the Future Award, 2002; Amos P. Godby High School,
Hall of Fame, 2008.
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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