Professional Experience
www.harrellforjudge.com/legal-experience
Public Service
www.harrellforjudge.com/community ; www.harrellforjudge.com/professional-engagement
Education
www.harrellforjudge.com/education
Campaign Phone
(321)652-0361
Campaign Mailing Address
Post Office Box 411567, Melbourne, Florida 32941
Implementation of Florida Supreme Court and Circuit Administrative Orders has been most effective in overcoming Covid backlog and handling fentanyl case influx. The Orders address speedy trial rights, allow for some virtual courtroom appearances, and safeguard against litigants and courtroom personnel contracting illness and being exposed to lethal, high-potency narcotics, among other issues.
The greatest obstacle to justice is when one or more professionals connected to a case fails to effectively do his or her job. This could be the result of inadequate training or supervision; insufficient experience; excessive workload burden and fatigue; inherent and unaddressed biases; time management; or elevated attorney stress levels. Alert judges can try to prevent case impacts from this.
Long experience in many different fields of practice over my 30-year legal career, as well as considerable life experience, has endowed me with insight and emotional intelligence. Every case deserves careful consideration and explanation of judicial decision-making. I believe I have the skills, level of conscientious attention to detail, and sincere regard for others to deliver on this mission.
"Pros” of a judge’s role are: (1) it is removed from the contentious fray that often emerges between zealous advocates in a courtroom, except when necessary to referee it; and (2) lawyers always juggle dozens of client needs but judges must place focus on only one case as a time. A "con" is that judges must avoid even the appearance of partiality in all settings, causing some degree of isolation.
Factors to be considered in determining bail are set forth in section 903.046, Florida Statutes. As a judge I would follow the law and make detailed findings regarding same. This is a “totality of circumstances” evaluation. Although the facts of a case and defendant’s history may give rise to significant concerns and reasons for bond elevation and conditions, I believe it would be legally inappropriate to name any one factor as a “primary consideration" above the other ones statutorily cited.
I have interacted with hundreds of jurors over the decades in courthouses all over this county and been heavily engaged in the community for most of my life. I say with confidence that I do feel the composition of juries adequately and fairly reflects our community. Since those registering for driver’s licenses have been simultaneously offered the opportunity to become registered to vote during that DMV process these past years, registered voters versus registered drivers has largely become a distinction without a difference. I personally have much enjoyed the diversity in jury pools effectuated by the switch to licensed drivers since it was first instituted many years ago, and I believe that was a good change for our justice system.
Our Circuit’s stellar Court Administration professionals have long been adjusting case load distribution among all members of our judiciary, and coordinating courtroom availability, in handling this jurisdictional adjustment that went into effect on January 1, 2023; they have been doing so since the previous jump from $15,000 to $30,000 in 2020. The substantive elements of civil claims and defenses otherwise remain the same. I have the caseload skills to handle case increases with confidence.
Professional Experience
Practicing attorney for over 18 years. Assistant Public Defender for 6 years serving indigent citizens in the criminal justice system (one year in Indian River County and 5 years in Brevard County). In private practice for over 12 years owning my own small business focused in criminal defense (criminal cases, early termination of probation, violations of probation, sealing and expunction of criminal records, traffic cases, and civil injunctions)
Public Service
Volunteer guest lecturer at the Florida Department of Law Enforcement 40 hour Interview and Interrogation Course at Eastern State College training local law enforcement officers in Constitutional law specifically the proper use of Miranda warnings and interview techniques for almost 10 years; On the Board of Brevard Legal Aid which provides free civil legal services to indigent citizens of Brevard County for almost 10 years; Director on the Board of Brevard County Bar Association comprised of lawyers in Brevard County from every area of legal practice for over 5 years; Volunteer Attorney ad Litem acting as an voice and advocate for abused and neglected children
Education
Graduated from Melbourne High School. Graduated from Florida State University with an undergraduate degree in Psychology with a focus in forensics (graduated with an honors focus forensics) and a minor in criminology. Graduated from Stetson University College of Law
Campaign Phone
321-433-0737
Campaign Mailing Address
PO Box 410024, Melbourne, FL 32941
Access to the Courts is the most valuable asset for efficiency. Currently we use diversionary programs for first time, low risk offenders. The Clerk's office has set up a system to automatically notify parties of their next court dates. I would suggest effectively utilizing Teams where appropriate to save time and money and resolve low risk, in custody Defendant's cases quicker.
Poverty; lack of funding and programs for the mentally ill; lacking or inefficient diversion programs; lack of access to affordable and effective mediation tools; lack of training and support for Law Enforcement and new attorneys; lack of support for Veterans (who are some of the poorest, and yet most deserving, people in our Country); and an overburdened and inefficiently run court system.
Whether as an attorney or volunteer, I have worked in every field that touches the issues that a Couty Judge deals with on a daily basis. I have handled thousands of cases over my career and over the last 1 1/2 years I have been handling two misdemeanor criminal divisions with my law partner. I know what is required to handle this type of caseload fairly, effectively, and efficiently.
The pros and cons are very similar. In each you dedicate yourself and your practice to following the law and to helping the citizens in your community to the best of your ability. The hours are long, but I have the skills needed, the knowledge and dedication required, and the ability to serve. It is what my community needs and calls me to do and, therefore, my it is my civic duty to serve.
The law states that the primary consideration in setting bail is the danger the Defendant poses to the community and the Defendant’s flight risk. There are many factors that the court can take into consideration when making this determination and they include - the current nature of the charges, the Defendant's prior criminal record and failures to appear, and the Defendant's ties to the community. As a judge I would follow the law set forth in the statute and interpreted in case law.
I have selected dozens upon dozens of juries in many different counties over my 18+ years practicing. Brevard County has some of the best jury compositions I have seen. But we can always do better. The Con of only using a DL to compose a jury is that you miss individuals who may only have an ID card. Some individuals that may fall into such a category include individuals who cannot have a driver's license due to medical conditions such as seizure or other medical conditions. Such individuals should not be excluded from their right to serve as a juror. The Constitution gives every person the fundamental right to a jury trial. Conversely, it also gives every person the fundamental right to serve as a juror which is just as important.
With this change I foresee an extreme increase in civil cases pending before the County Court. This has the potential to cause a delay in justice. But justice delayed is justice denied. The citizens of Brevard deserve to have their cases heard and resolved expeditiously and fairly. I will handle this increase in docket size and the needs of our citizens utilizing the skills and training that I have gained over my 18+ year career of doing just that - fairly, effectively, and efficiently.
