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18th Circuit Judge Group 17

The Florida Circuit Courts are trial courts of general jurisdiction in Florida. The Circuit Court handles cases involving major criminal (Felony), Family law, Civil issues, Probate issues, and Juvenile cases. The juridisction is for all trials in which the matter exceeds $50,000 as well as appeals from County Court. Circuit Court Judges preside individually, not on panels. Florida’s 18th Judicial Circuit covers Brevard and Seminole counties. It includes 26 judges at the circuit level. There are 20 Judicial Circuits in Florida (and 94 Circuits in the United States). The election for Circuit Court Judge is non-partisan. Qualifications: Candidates must be a voter of a county within the circuit and must have been admitted to the practice of law in Florida for the preceding five years. Term: 6 Years Salary: $196,898/year

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    Kristen Smith-Rodriguez
    (NON)

Biographical Information

What have been the most effective methods for improving court procedures and efficiency over the past 5 years? Would you suggest others? (600 characters)

What do you perceive as the greatest obstacles to justice, if any? (600 characters)

What qualities, other than obvious fairness and impartiality, will you bring to the bench that would make you a good judge? (600 characters)

What are the PROs and CONs of being a judge as compared to practicing law as an attorney? (600 characters)

What factors are considered in setting bail amounts for defendants? Which do you believe is the primary consideration? (600 characters)

Do you believe the composition of juries adequately and fairly reflects our community? Why or why not? What are the PROs and CONs of using driver's license registration as a source of jurors? (750 characters)

Professional Experience I am a licensed attorney by the Florida Bar since 2010. I worked as an associate attorney for other firms until I started my own small firm in 2016. With the goal of being a judge, I closed my practice in 2019 to accept my current position as a general magistrate at the Viera Courthouse. As a magistrate, I preside over family law matters and mental health cases. This service allowed me to gain the necessary experience of running a courtroom, managing a docket, presiding over hearings and trials, ruling on evidentiary objections, thoroughly reviewing evidence, and most importantly, applying the law accurately and consistently.
Public Service In addition to serving the citizens of Brevard County as a general magistrate for the past 5 years, I also serve on the City of Titusville Board of Adjustments and Appeals. I've served on that Board since 2014 and I have been the chairwoman since 2022. By way of community service, I am a proud member of the Kiwanis Club of Titusville (serving one child, one community at a time) since 2013, where I had the opportunity to serve as a member, a director, and president.
Education Growing up in Seminole County, I graduated from Winter Springs High School. I obtained a B.A. in political science from the University of Central Florida. I received a J.D. from Florida Coastal School of Law. As a magistrate, I attend trainings and seminars to receive practical tools and resources to support my role in presiding over cases. Additionally, each year I attend classes, webinars, and trainings for continuing legal education credits.
Campaign Website http://www.Kristen4Judge.com
Campaign Phone 321-385-7511
Campaign Mailing Address P.O. Box 363, Titusville, FL 32781
Technology and COVID. COVID allowed the courts to utilize technology in a much greater capacity. Now, we are conducting remote proceedings, allowing litigants to take a lunch break rather than a full day off work. The Office of the State Courts Administrator now provides digital, searchable resources. Also, from COVID, the Florida Supreme Court handed down administrative orders for case management in certain divisions. This was initially to address the backlog, but was quickly embraced as a reasonable tool to effectively and efficiently move cases through the system.
The lack of knowledge and the lack of resources. Many litigants cannot afford an attorney and many do not know where to start when it comes to filing, preparing, and arguing their case. It is important that the Court's and Clerk of the Court's websites are easy to navigate and provide resources. It is also important that judges and magistrates conduct case management to ensure that the litigants understand where they are in the process, which statutes apply to their cases, what rules of court are applicable, and where they can access the necessary resources. Communication is truly the key.
Integrity. Judges are tasked with following the law, despite one's personal beliefs (whether developed before or during the court proceeding). Open-mindedness and analytical thinking. It is important to carefully listen to all evidence and arguments made and thoroughly review the evidence, taking into consideration all sides, applicable rules, and laws. Strong work ethic. This is not a 40 hour per week job. Citizens are relying on me on make the time to hear their case and issue a written ruling. The citizens come first. I have shown these qualities as a magistrate for the past 5 years.
Pros: making a difference in the lives of thousands of people each year; ensuring the law is followed as written and applied consistently; being influential in the legal community by facilitating trainings and mentorship amongst the bar and the judiciary. Cons: judges carry the weight of making the decision and live a life of solitude. Also, as an attorney you have greater control over your clients and can offer several alternative solutions and additional resources to help the clients get what they need whereas judges are bound by the law and admissible evidence presented.
Effective January 2024, the Florida Supreme Court issued a statewide bond schedule. In a hearing, the Court must consider the nature and circumstances of the offense, weight of the evidence, ties to the community, criminal history, danger to the community, financial resources, status in other criminal cases, danger to victim, and belief of a new crime committed after pretrial release. The primary consideration is the safety of the public. While the defendant is entitled to due process, a fair proceeding, and other rights, those rights must be balanced against the safety of the community.
I believe the jury pool adequately and fairly reflects our community. But as to the composition of the jury, not always. The State and Defense or Plaintiff and Defendant strategically use their challenges to select the most advantageous jury. It is the judge's job to ensure that the jury pool that day is properly qualified, being mindful of excusals, and in the jury selection, the judge must ensure the challenges are applied properly. The pros of using driver's license registrations is that it offers a large pool of jurors. The cons are that many young, elderly, and low income individuals do not have driver's licenses which may limit the diversity of the jury pool.