Four vying for Judge Rapkin's circuit seat

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| 6:00 p.m. July 30, 2004
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By Sean McDonnell

Staff Writer

When 12th Circuit Court Judge Harry Rapkin announced in April he would not seek re-election, his decision created a rare opportunity - a judicial seat election without a sitting incumbent.

Rapkin decided to vacate the bench after he became the target of public criticism for his handling of the two probation cases of Joseph P. Smith, the man accused of murdering 11-year-old Carlie Brucia in February.

Even before Rapkin's announcement, William Salomone had the determination to declare his candidacy against a sitting judge, a rare occurrence in Sarasota County's gentlemanly legal community. Soon after Rapkin's announcement, three more candidates paid the $5,330 fee or handed in the 2,311 petition signatures to qualify to run for the position - second-time candidates Susan Chapman and Diana Moreland and first-time candidate William Mosca. This is also Salomone's first attempt at the circuit bench.

Circuit judges serve six-year terms and are paid about $134,000 a year. Judges usually rotate between courts in different areas of the law, handling criminal, civil and family court cases at the trial level. Their job is to apply relevant Florida statute to real-life situations that come before the bench. Decisions in the 12th Circuit can be appealed to Florida's 2nd District Court of Appeal. The 12th Circuit Court includes Sarasota, Manatee and Desoto counties.

Two years ago, Chapman lost the election by one percentage point for another vacant circuit seat - now held by Judge Rick DeFuria.

All four candidates recently answered a series of questions. Here are edited transcripts of their responses:

Susan Chapman

Personal: Age 54; married, no children; has lived in the Sarasota area since 1989 after moving here from Kansas City.

Susan Chapman earned her law degree and master's degree from Washington University of St. Louis in 1977. She earned her bachelor's from Washington University in 1973. Chapman served as a public defender in Missouri from 1978 to 1987, including a position as chief circuit public defender in Missouri's 6th Judicial Circuit.

She came to Florida in 1989 and began a practice, specializing in general civil, family and criminal law. Since 1991, Chapman has been a special master, a hearing officer, for Sarasota County. She most recently presided over a hearing regarding the Siesta Key live-entertainment ordinance.

Chapman is the former president of the Sarasota County Civic League and the former president/director of the Sarasota Chapter of the Florida Association for Women Lawyers. She received the Florida Bar President's Pro Bono Service Award, 1997. The Florida Supreme Court acknowledged her in 1996 for her outstanding commitment to the Guardian Ad Litem program.

On her motivation for running: "I have a long history of civic participation and a long history of litigation, and I just think I could do a good job. I've been very active in the community. I've been a hearing officer for Sarasota County for 13 years. It just seems a logical step. I ran in 2002 and received almost 49% of the vote. When this opportunity arose I thought, 'This is an opportunity to serve the community and bring the kind of interests I have to civic participation in the judiciary.'"

On "fairness" vs. sound legal reasoning: "I think that's a false dichotomy, because in every law school there is a course called equity, which is the codification of the case law for fairness. You can follow the law and be fair. Now a lot of people come to me as an attorney, and they say, 'There is no justice,' and what they mean is there is no easy simple way to get the results they want."

On judicial advocacy: "This isn't a policy role. The only policy-making role that a judge can have is with the administration of justice in the system itself. There are rules of statutory construction and ways when a statute is ambiguous to make it clear, and there are a lot of different ways that you analyze a statute under case law. But, again, you're guided by case law. A judge is not a legislator."

On remaining apolitical: "It's difficult when the others aren't, and when they speak to issues that the code of ethics says they should not speak to. That happened to me in the last race. However, I come at it from a good government perspective, and I really believe that the process can be improved so that voters are not turned off to the process. To me, campaign conduct is paramount. If the rules say that you are supposed to run it a certain way, I want to demonstrate that it's possible to run a credible campaign and not violate the rule. I want to connect with voters and do it in a fair and honest way that preserves the process and makes it a better process.

"I felt I did that last time. I never felt more patriotic in my whole life. I never felt so proud of myself. I followed the rules. I did it all the way through. I worked to make it a better process."

On the most important judicial quality: "Courtesy embodies it all: the courtesy to consider the authorities and the arguments and the evidence presented, the courtesy to work and be impeccable in your work habits, the courtesy to the process, and the courtesy to the litigants when they come before you."

On what makes her a unique candidate: "Experience. I have 21 years of legal experience. I've been a hearing officer, which is a judge-like post, for 13 years. My judicial temperament has been tested. I've been a hearing officer in more than one field. I was a value-adjustment, board-hearing officer as well as a code-enforcement hearing officer. I understand different kinds of legal issues. I've had diverse legal experience.

"I'm the only one who's had his judicial temperament actually tested. I've been a hearing officer appointed year after year after year. I hear cases, and my decisions are decisions that have a legal basis. My temperament has been tested and clearly found to be acceptable.

"I have the experience to make the right decisions. I think I'm the kind of person that, if you had a case or if your loved one had a case, you would want me to be hearing it."

DIANA MORELAND

Personal: Age 42; married; two children; moved to Sarasota in 1984 from Ohio via military service.

Diana Moreland was appointed to the U.S. Merchant Marine Academy in 1980, as one of 35 women at the beginning of school. "I was one of 12 by the time I graduated," she says.

She broke her neck in a tumbling accident during her first year at the academy. The break eventually healed, but the injury prevented her from acceptance into the Navy and achieving her goal of joining the judge advocacy group.

Moreland graduated in 1984 from the academy and continued her service as an officer in the Merchant Marines. She served on 10 ships and visited more than 18 countries.

In 1987, she earned her law degree from Stetson University College of Law and later became an asistant public defender in Pinellas and Sarasota counties. In 1991 she began Reinhart and Moreland PA, Bradenton, with her attorney husband, Richard Reinhart. The firm specializes in criminal, immigration and family law.

Moreland has a 13-year-old son and a 16-year-old daughter.

Gov. Jeb Bush appointed Moreland to the Manatee County Housing Authority. She is also the chair of the Manatee Committee on the Status of Women.

On her motivation for running: "I think with any career you have to have goals, and I think this is the natural progression in my career.

"There is a lot of responsibility, but I've always been calm under pressure. On my ship, when I was a new officer, trying to get guys with 35 years experience to listen to me when it was important that they listen to me. I was a public defender handling between 100 and 150 cases at a time. I think that type of experience shows I have good temperament in stressful situations. As a judge, in dealing with some of the situations that come before you on the family bench or the criminal bench, you have to have a cool head."

On "fairness" vs. sound legal reasoning: "The decision absolutely has to be legally sufficient. The best thing a judge can do is to explain to the people what is going on. Don't talk over people's heads. The litigants in the courtroom, whether they vote or not, are the judge's employers. The judge better make sure they understand where the decision came from. It may not make them happy, but that goes a long way toward helping achieve a feeling of fairness."

On judicial advocacy: "I am a strict constructionist. It is not the role of the judiciary to set public policy. You just have to do your best to interpret those with the case law that you have. That said, there is almost never a case with exactly the same facts as another, so in essence every case shapes public policy to fit particular facts. A judge has to make the best decision he can, based on what is in front of him."

On remaining apolitical: "Not being able to talk to issues complicates everything, because you're asking people to vote for you for one of the most important jobs there is without knowing anything about you. You just have to have faith that people will seek out the information and make good choices."

On the most important judicial quality: "The most important things are temperament and knowledge of the law. You have to be able to listen and you have to have enough knowledge to know what's going on. I have been in stressful positions and not lost my cool. Telling people on ship what they have to do, telling a client that he has just been charged with first-degree murder, standing with a client that has just been convicted and is about to get a life sentence without falling apart, addressing a court in heated situations with respect and courtesy without compromising my client's position, I've done all of that. That's the testament to my temperament."

On what makes her a unique candidate: "Nobody thinks he is ever going to end up in court. Almost every single thing that brings you to court is unfortunate. We don't get married with the idea that we're going to get divorced. We don't go out on Saturday night with the idea that we're going to get arrested. We don't raise children thinking they are going to be abducted and killed. We just don't think those things are going to happen. So it's very important to know who your judges are. I can't express enough to people that it's too late once they haven't taken an interest in their judiciary to go back and complain when they end up in court. I have a background that's more than just a legal background. I think I'm the most qualified and have more of an all-around world experience than just a legal experience."

Michael Mosca

Personal: Age 50; divorced; one child, a 17-year-old son; moved to the Sarasota area in 1976 from Miami.

Michael Mosca earned his law degree from the University of Florida in 1983, after six years as a history teacher at Miami's St. Brendan High School. He studied history as an undergraduate at Florida State University.

He began his own Sarasota practice after law school. As a trial attorney, Mosca specializes in personal injury, but he has also handled criminal cases, including first-degree murder. Mosca garnered headlines representing Dickey Betts, the former guitarist for the Allman Brothers Band, in personal and entertainment industry matters.

An avid baseball fan, Mosca has sponsored and managed teams for Sarasota Little League. In 1983, he managed St. Brendan's baseball team to a state championship. He has been a volunteer teacher for the National Student Leadership Conference and a faculty adviser for Lead America, dedicating summers to teaching a law program for high school students.

On his motivation for running: "I've been practicing right here in our courts longer than any of the other candidates, and I think I've handled a wider variety of cases and represented a wider variety of people than anybody else.

"I'm on the cutting edge of trial work. I'm 50 years old. I'm young enough to be innovative and to understand that the system has to work so that it's effective. Just because we've always done things a certain way doesn't mean that we have to continue always doing them a certain way. In fact, change is necessary and change is good.

"The events of the past few months have really underscored the importance of improving the flow of information between various agencies in the courts. The Department of Corrections, various law enforcement agencies and the courts have got to get on the same page. And, with a little bit of study, some cooperation and some communication that's all very doable."

On "fairness" vs. sound legal reasoning: "I don't think good legal reasoning and fairness are mutually exclusive. Quite the contrary, when a legal decision is well reasoned and based upon a sound understanding of the law, it is almost always fair.

"Now, that doesn't mean that judicial actions don't sometimes have harsh results. Sentencing someone to prison for 20 years is harsh, but under most circumstances, if the judge follows the law, that 20-year prison sentence is the statutorily mandated punishment for something that merits that punishment. So it is fair.

"We're all human, and nothing is perfect, but I've been working with those statute books for 21 years, and I can tell you that our Legislature, for the most part, tries to be fair. Democracy is a beautiful thing. It isn't perfect, but if we balance the interests of all the involved parties we generally come up with something reasonably fair."

On judicial advocacy: "The judiciary should not formulate public policy. It should implement public policy. My job as a judge would be to implement public policy. Simple as that.

"In a case of statutory ambiguity, a judge with a good sense of how legislation comes to be and a good grasp of the context in which that legislation was passed, in other words a judge with a lot of experience in handling litigation with statutory interpretation, by and large will make the right call."

On remaining apolitical: "The judiciary and the Legislature are different in regard to political responsibilities. As long as judges are doing their job and they are doing it well, they should keep their job. And the reason for that is really simple: It's hard to be a judge. I don't think anybody would disagree that good judging requires experience. I'm not going to sit here and tell you that if I'm elected to this job that I will be as good a judge my first year on the job as my sixth year. I certainly hope that I'm a much better judge after six years. After 10 years, I hope I'm better than I was after six."

On most important judicial quality: "A good judge can bring everyone's awareness to a place where each person can understand how the system works. The results may not be exactly what they want, but each person should believe that the system worked fairly. That's the overriding quality that I bring to this job."

On what makes him a unique candidate: "I have been practicing in Sarasota and Manatee counties, trying cases, representing people in a variety of matters for 21 years. I think that alone wouldn't mean very much, but I have a really good reputation for being a hard-working person who cares about his clients, who is loyal to his clients, who is honest with the court and with his clients.

"I believe when I go to a court and I tell a judge my position on something, or if I make a representation about a fact in some situation, my reputation for honesty is so strong that I have judges accept what I say without question because they know I would never go into court and misrepresent a single fact, whether it helps me or hurts me. I treasure that more than anything else in my life. My word is gold. I treat people well, and I in turn get treated well. That doesn't necessarily make me better than anyone else, but that should make people very confident voting for me."

William G. Salomone

Personal: Age 56; married; three children; moved to Florida in 1981 from Naperville, Ill.

William G. Salomone became a lawyer after having a career as an engineer. Salomone studied civil engineering as an undergraduate at Manhattan College. He holds a master's degree in civil engineering from UCLA and a Ph.D. in civil engineering from Purdue University. He performed design analysis and inspection services for a variety of projects, including dams, sinkholes, refineries and power plants. He also did site preparation and inspections for a U.S. Navy submarine base and a foundation evaluation for the Sunshine Skyway Bridge.

Salomone earned his law degree from the University of Florida. For 14 years, he was an adjunct civil and criminal law professor at the University of Florida, University of South Florida and St. Leo University. For 16 years, he has served as a legal arbitrator and special master, mediating disputes in environmental and growth-management cases.

He is the author of several articles and four books on resolving conflict. He has lectured on mediation skills in Europe, South America, the U.S. and Canada. In 2002, he received the "Excellence in Conflict Resolution Award" from the Florida Conflict Resolution Consortium at Florida State.

Salomone grew up in Queens, N.Y. He has been married to Mary Jo Salomone, a Sarasota art teacher, for 26 years. He moved to the Gulf Coast 18 years ago from Lakeland.

On his motivation for running: "My 16 years' experience as an arbitrator and special master has taught me about the nature of conflict and how it affects people's lives. It also has taught me to respect the people's right to be heard and to make informed decisions. My experience as an engineer has taught me to be neutral, to keep an open mind and to get all the facts before making a decision. I have had the opportunity to work with people from many different backgrounds, races and cultures. That diversity of experience has helped me understand people and understand the world in general. I think my diverse background and experience will make me a better judge and a positive addition to our competent, dedicated judiciary."

On "fairness" vs. sound legal reasoning: "The administration of justice involves the balancing of equity or fairness with the strict interpretation of law. The judge must respect the U.S. Constitution and the laws derived from it. A judge must possess the gift of making informed decisions based on sound legal reasoning. The balancing of fairness and a strict interpretation of the law is essential to sound legal reasoning."

On judicial advocacy: "The Legislature makes policy. The judge applies the law to the facts in evidence. To make an informed decision, the judge has the responsibility to get a clear, complete record of the evidence. The Legislature corrects ambiguities in the law. The judge bases his or her ruling on the intent of the law as it is written. The judge does not establish public policy."

On remaining apolitical: "A judge should refrain from making comments on social and political issues. The judge must be 'in fact' and 'perceived' as neutral and unbiased. Although the judge comes from within the community and serves the community, the judge must avoid political and social relationships in the community that would affect his or her integrity, neutrality and the ability to be unbiased. A judge must look at all sides of an issue and remain open-minded. The judge has to be a good listener and patient. It has never been difficult for me to be objective. I have been trained as an engineer who must be objective and get all the facts before making a decision involving public safety. As a lawyer acting as an arbitrator and special master, I have gained the experience to be neutral and objective. If a judge has these skills, he will remain apolitical."

On the most important judicial quality: "The most important attribute is a genuine concern for the people's right to be heard. Good listening skills, patience and proper judicial temperament combined with legal scholarship also are essential characteristics of a good judge."

On what makes him a unique candidate: "I have made it a goal to serve the community and my profession by resolving the conflict in people's lives. I have spent 16 years making decisions as an arbitrator and special master. I have used skills that a judge uses. Within the 12th Judicial Circuit and throughout the state of Florida, I have conducted judicial forums, used the rules of evidence, used the rules of civil procedure, used my knowledge of the law, admitted relevant evidence, listened to witnesses and made informed decisions based on sound legal reasoning. I have been tested for 16 years. I understand what the responsibilities of being a judge are. My proven track record of success making decisions as an arbitrator and special master is the unique aspect that I bring to my candidacy."