Endorsement: Sometimes trust is easy. Sometimes it’s hard. Two judge races illuminate that

The title of judge conveys a tremendous amount of power, at any level of Florida’s court system. But circuit judges, on a daily basis, might have the broadest reach and greatest impact. The matters they preside over are weighty: Contentious family disputes. Big-dollar corporate litigation. Felony prosecutions that can bring decades-long prison sentences, or even condemn someone to death.

That puts a high responsibility on voters who must evaluate these judges at least every six years. Many end up being re-elected without opposition. This year, however, we’ve seen several sitting judges challenged. Today, we endorse in two of those races in the 9th Judicial Circuit, which includes Orange and Osceola counties.

Ninth Judicial Circuit Judge, Group 37

It’s often difficult to figure out why certain judges draw challengers, when others don’t. That’s particularly true with Judge Tanya Davis Wilson , who has spent a decade on the bench, starting as an Orange County judge before being appointed by Gov. Rick Scott to serve on the circuit court. She’s drawn some of the most difficult assignments, including criminal court and domestic relations. She’s also currently serving as an associate administrative judge in Osceola County, a post that reflects the confidence of her judicial peers. And her pre-judicial career spans time spent as a public defender in state court, as an attorney in the state Division of Real Estate and time as both prosecutor and defense attorney in federal court.

But experience is not the only measure of a good judge. Wilson’s endorsements – which include former Chief Judge Belvin Perry Jr. — praise her courtroom demeanor as fair, unflappable, courteous and efficient.

It’s hard to imagine anyone making a credible argument to replace her. Jason Willis, who has a background in civil and criminal law as well as a history of community advocacy, could be an appealing candidate for an open seat — he understands the difficult role judges must play, weighing highly contentious decisions while maintaining the confidence that justice is being served. He just can’t make the argument that voters should fire Judge Wilson, who has earned re-election.

The Orlando Sentinel endorses Ninth Circuit Judge Tanya Wilson in Group 37.

Ninth Judicial Circuit Judge, Group 43

This race is a tough one. Both candidates — incumbent Circuit Judge Craig McCarthy (appointed in July 2022 by Gov. Ron DeSantis), and local attorney Stephen Brown — show strengths that would be an asset to the judiciary, and vulnerabilities that could undermine confidence in their ability to be fair. After dozens of hours spent talking with members of the legal community about both men, we give the edge to McCarthy, but it’s a narrow one that rests on his assertion that he recognizes, and regrets, statements he made more than a decade ago that reflect a radical view of the American justice system.

Brown is showcasing many of those statements (from a website called CourtZero which McCarthy moderated in the early 2000s, and a book of the same name) on his own campaign site. Some of the passages he highlights are genuinely incendiary, including McCarthy’s suggestion that so-called activist courts should be defunded to keep judges from overruling the will of Congress and state legislatures. It’s a little disturbing to think that DeSantis may have taken those views into account when he chose McCarthy for the circuit seat.

However, others are placed in a context that can be misleading. For example, Brown quotes McCarthy criticizing the seminal U.S. Supreme Court desegregation decision Brown v. Board of Education, which overturned the doctrine of “separate but equal” set by Plessy v. Ferguson. Stephen Brown’s website portrays McCarthy as pro-segregation, a statement McCarthy refuted during an interview with the Sentinel’s editorial board. We read McCarthy’s book — the whole book. In it, McCarthy actually says that he believes Plessy could have (and should have) been decided in a way that would have advanced racial equality nearly 50 years before the landmark Brown v. Board decision.

That’s hardly a blazing endorsement of segregation. Quite the opposite.

We mention that detail because McCarthy’s opponent is leaning so hard into this claim that he touts the endorsement of a descendant of the original plaintiff in the Brown v. Board case. But his representation of McCarthy’s book is misleading. That’s troubling to us.

That’s not to say people shouldn’t be concerned about prior statements by judicial candidates — especially since McCarthy didn’t do enough, in the book and in posts on his website, to acknowledge that courts almost never seek out controversy. Instead, judges are doing their best to rule fairly, and within the boundaries of the law, on the cases that are brought before them. As society evolves, courts may find that old laws no longer stretch to cover shifts in the way Americans live their lives. Legislators should update these laws — but too often, they don’t, and courts can be a safety valve that keeps Americans from being bound to viewpoints that are decades behind the times.

McCarthy acknowledges now that his book was overly doctrinaire, saying that a few decades’ experience has made a big difference in the way he views the law. It’s a stance that seems sincere — though we feel McCarthy is better-suited to a trial court than to an appellate seat.

That’s in large part due to the glowing endorsements he’s received from the legal community, including many who praise his fairness, patience and compassion on the bench.

Brown also has a broad array of endorsements that speak to his legal acumen and innovative thinking. But we’ve also heard from several attorneys who are concerned about his combative style and tenacious, often personal attacks. These are not qualities that would translate well to the duties of a circuit judge.

Given the choice between McCarthy, a thoughtful judge who admits to past mistakes but has built a strong reputation of objectivity and civility, and Brown, whose sharp legal mind seems to be coupled with a tendency to take disputes a little too far, voters should choose McCarthy.

The Orlando Sentinel endorses Ninth Circuit Judge Craig McCarthy in Group 43.

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 .