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Friday, July 30, 2010    
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Three names go to Crist for Levy County judge job

By Lou Elliott Jones

Three attorneys — a prosecutor and two in private practice — have been sent to Gov. Charlie Crist for appointment to the county judge seat being vacated by Judge Joe Smith’s Dec. 31 retirement.

The three are:

James T. “Tim” Browning, an assistant state attorney based in Gainesville, but who has ties to Gilchrist County, and has handled domestic violence and drug cases.

Charlotte Weidner, an attorney in private practice in Bronson who has criminal and civil trial experience.

Ronald Stevens, an attorney in private practice in Bronson who has a civil practice.

A committee of nine attorneys — none from Levy County — nominated the trio for Crist’s consideration after interviewing the five finalists they had chosen from among 10 applicants.

Browning, who has handled high profile cases in the 8th Judicial Circuit, was asked how he would make the change to what one interviewer called “the people’s court.”

The prosecutor said from the day of his appointment he would be preparing for the position by training. He said in preparation for the interview he had pulled and studied three months of county court dockets. “You have to move the dockets,” he said, noting the county judge carries a large workload or more than misdemeanor and traffic citation cases. He noted that in the period Smith handled 22 criminal cases and seven civil cases.

He said the judges he most admired were those who approached the bench without any philosophical bent.

“Because I am an attorney I have not walked as rough a road as the people who appear before me,” Browning said.  He also noted in a response to a personal question, “I am a homebody. I have a self-imposed insulation.”

Even though he is a prosecutor, Browning assured the committee he does not favor law enforcement over the defendant. “I have looked law enforcement in the eye and said this is not enough,” he said. “The people of Levy County want a judge; they don’t want a prosecutor.”

    Stephens told the committee he has not had ambitions for the county judgeship even though he has practiced in Levy County for 25 years. Prior to that time he was a pharmacist.

    He said he has been the attorney for the county’s Value Adjustment Board which hears citizen appeals of property values by the appraiser’s office.

    The Bronson attorney said as county judge he would look to emulate Judge Cates. “He can be pretty strict and he follows the law and if you ask a judge to explain his decision he always does that. He gives people a respect for the court whether they win or lose.”

    One question for Stevens was how he would handle jury trials having never tried a case before a jury as an attorney. “It’s certainly not a plus,” he said. But he said he had attended several jury trials to be better educated. “I have a pretty good grasp of that. I also think there’s a learning curve with the job.”

    Stephens noted he has not done bankruptcy, worker compensation or tort law, just as Judge Smith has chosen to never hear divorce cases.

    Because his practice is in Levy County, Stephens was asked about the possibility of having to recuse himself. “If it were an issue I would recuse myself,” he said. “But then when you know the person, you know the family and you know they have a support system and you know they are not going to do it again, in being a judge you need to consider all that.

    “Justice sometimes includes knowing the family background.”

    Weidner, the only person interviewed who came with a prepared statement, noted she has been a sole practitioner  mostly for a “blue collar” clientele. She also said she did not apply for the position for money or a retirement check, although attorneys know they go through “feast or famine” in their careers.

    She noted that she put off taking the bar exam after graduation in order to take a steady job working for a judge after a divorce left her supporting herself and two children.    

    A county judge touches more lives than a circuit judge. My experience mirrors their experience.

“Life can improve if they work at it,” she said. She said as judge, citizens would leave her court “knowing they have been listened to and respected.”

Weidner, who has applied for the position and unsuccessfully sought election to county judge, said if not appointed she would probably run for the position in a year when it opens.

“I feel I am electable,” she said. Stevens also said he would stand for election. Browning was not asked that question.

Noting that Levy County has never had a woman judge, Weidner said she would emulate Judge O.C. Fagen. “Because of his demeanor, his ability to chastise without making you feel a half-inch high, and his ability to make all parties feel at ease.”

She said she has not handled a criminal case for four years, but has had extensive experience in that area as well as handling civil cases.

 “I was scared to death,” Weidner said of her first case in private practice. “But I was learning how to negotiate and she (the defendant) got five years and was out in two. I got excited about criminal law.”

She said as prosecutor she handled the cases of a girl who stabbed her brother with a 10-inch knife in his bedroom. Another case of a woman who was bipolar educated her as to how devastating the disease could be.

While the names have been sent to Crist’s office, no date has been set for him to interview and make the appointment.

On Nov. 6 Crist will also be sent the names of six nominees for two other judgeships that will affect Levy County. Circuit Judge Stan Morris is retiring in January and Judge Frederick Smith, no relation to the retiring county judge, is leaving the bench at the turn of the year.

Morris hears most of the criminal cases in Levy County.

 



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07 2010