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Orlando Sentinel
Endorsement: Heidi Davis, Barbara Kwatkosky have the experience to serve Circuit 5 well
By Orlando Sentinel Editorial Board, Orlando Sentinel,
4 days ago
The Orlando Sentinel endorses Heidi Davis and Barbara Kissner Kwatkosky for 5th Circuit judgeships. Orlando Sentinel/Orlando Sentinel/TNS
Circuit judges carry responsibilities few of us can imagine — adjudicating ferocious child-custody disputes, complex civil litigation with millions of dollars at stake, even felony trials that could require sending a defendant to prison for the rest of their lives. They have tremendous power over the lives and fortunes of the people appearing before them, and the best judges take that with a deep sense of responsibility, humility and compassion.
Allowing voters to choose these judges may seem like a gamble. Many believe judges should be nominated by experts who check for experience, neutrality and legal knowledge. But as Floridians have seen, the integrity of that system can be easily derailed as well; under current Florida law, the governor has so much control over judicial selection that it’s become easy to pack benches with ideologically driven jurists.
So voters deserve a say — but also deserve those qualities that make for good judges. Fortunately, voters in the Fifth Judicial Circuit (which includes Lake, Sumter, Citrus, Hernando and Marion counties) have good choices in two Lake-based judicial races that are likely to affect their communities.
5th Judicial Circuit Group 13
This should be one of the least difficult decisions facing 5th Circuit voters. Circuit Judge Heidi Davis has been on the circuit-court bench for nearly 14 years, and during that time she’s served in almost every county in the circuit, handling nearly every kind of docket — including family law, civil litigation, juvenile court and currently, felony. She’s earned a reputation for her calm, collaborative command of a courtroom, without the “black robe disease” that sometimes injects arrogance or personal emotion into legal proceedings.
“Sometimes the law doesn’t always fit the circumstances and… It is heartbreaking when you have to impose a law that you do not believe personally fits the circumstances,” she told the Sentinel’s editorial board. “But it happens and that’s what we are charged to do: Follow the law and apply it.”
She’s also known as someone who’s not afraid of innovation — which served the 5th circuit well during COVID-era shutdowns and should inspire more attempts to use technology to ease the burden of busy courts.
It’s no wonder Davis is endorsed by a who’s-who of Lake County’s legal community.
Davis is being challenged by Tavares attorney Zach McCormick, one of the best-qualified challengers we’ve seen in this cycle. As the head of the 5th Circuit Judicial Nominating Commission, McCormick has had plenty of opportunity to reflect on the qualities a good judge should possess. His extensive legal background would give him the expertise he needs to be a good judge — and his service as president of the Lake County Bar shows that his peers hold him in esteem. He also has significant legal experience, including a stint as a public defender before starting his own practice.
Voters should keep him in mind as a likely pick in the future. In this race, however, they should opt to keep a skilled, capable, well-regarded jurist on the bench.
The Orlando Sentinel recommends Circuit Judge Heidi Davis for re-election in the 5th Judicial Circuit.
5th Judicial Circuit Group 20
This decision is tougher, featuring two attorneys who are not currently circuit judges. However, Barbara Kissner Kwatkosky has been serving for more than seven years as a magistrate — a hearing officer who conducts hearings, makes recommendations to judges and even renders decisions in some cases. She’s also taught a wide array of topics at the Florida Judicial College, including courses in courtroom management, judicial conflicts of interest, and dealing with difficult litigants such as people who don’t have attorneys and so-called “sovereign citizens,” who refuse to acknowledge the vast bulk of state and federal law. (Should voters choose her – and they should — she’ll be a student in some of the classes she helped design.) Her legal experience spans many of the types of cases a circuit judge would handle.
That background is the best training for a judgeship we can imagine. Even better, Kwatkosky’s background is matched by a openness to innovation, including additional so-called “problem solving courts” that tackle justice from a different perspective.
Her opponent, Ben Boylston, is also capable. A veteran criminal defense attorney with long-standing ties to the community (where his father, Richard “Red” Boylston, also served as judge) Boylston has picked up some impressive endorsements, including Lake County Sheriff Peyton Grinnell. He understands the difficult restraint required of judges, and also speaks favorably of innovation.
In this race, however, Kwatkosky’s preparation gives her a clear edge.
The Orlando Sentinel recommends Barbara Kissner Kwatkosky for Group 20 in the 5th Judicial Circuit.
We urge voters to not rely solely on our opinions in deciding how to cast a vote. Voters should check the candidates’ campaign websites and social media accounts (if they don’t have either, that should be a red flag). Ask friends and neighbors what they think. Google the candidates and check out their campaign finances. In addition, we’ve recorded our interviews and posted them in full at OrlandoSentinel.com/opinion .
Election endorsements are the opinion of the Orlando Sentinel Editorial Board, which consists of Opinion Editor Krys Fluker, Insight Editor Jay Reddick and Editor-in-Chief Julie Anderson. Send emails to insight@orlandosentinel.com .
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