Election 2014: Sarasota County 12th Circuit Court Judge

Art Jackman
• AGE: 53

• FAMILY: Single

• EDUCATION: Bachelor’s degree in accounting, University of Notre Dame; Juris Doctor, Albany Law School of Union University; master’s of law in taxation, New York University School of Law

• OCCUPATION (Specific job, company/organization):
Trial attorney — Felony Division chief, prosecutor with the State Attorney's Office since 1996; colonel, U.S. Air Force Reserve, Judge Advocate General’s Corps for 27 years

• Why are you running for this judgeship?
Becoming a judge has been a life-long career goal. I have a deep-rooted desire to serve my community and my country and have been preparing for this role my entire life.

For me, being a judge would be the culmination of my career as a lawyer after a lifetime of practice, education and learning. I have a desire to take my career to the next level. The same desire that enabled me to walk onto that football field at Notre Dame has led me on my path to the courtroom. I am comfortable in who I am and what I have learned along the way from well-known coaches to great military leaders. I will bring a wealth of experience to the bench along with a desire to be the best judge I can possibly be.

• What qualifies you to be a circuit judge more than your opponent?
My education and training has been lengthy, extensive and diverse and my life experience invaluable. I have an advanced legal degree, a master’s of law in taxation, and I have received several academic awards. I am also a colonel in the U.S. Air Force Reserve and have been assigned to the Air Force Judge Advocate General’s Corps during my entire 27-year military career. I have learned to adapt and excel in a variety of environments and have served under extraordinary leaders.

In addition, I have significant jury trial experience. I have tried hundreds of jury trials during my career.

Many of these cases were extremely complex. I have tried over 15 homicide trials including death penalty cases. My experiences within and beyond the courtroom have shaped and molded me personally and professionally. As a result, I will bring knowledge and understanding, decisiveness, a willingness to listen and learn, honor, compassion and a deep-rooted desire to serve to the bench.

• What do you consider to be essential characteristics of a good judge?
There are several essential qualities of being a good judge. One essential characteristic is that judges must be professional. Other characteristics of being a good judge include: patience, respect for everyone in the courtroom, open to listening to what is being presented in the courtroom, knowledge of the law and the ability to follow the law, and sometimes, a sense of humor.

• Name a judge who you particularly admire and why?
It would be difficult to select one judge. I have been privileged to practice before many outstanding judges both in the military and in my civilian career. One of the reasons why I want to become a judge is how well they work together and how they conduct themselves individually. They promote public confidence in the integrity and impartiality of our judiciary in this community.

• Describe your courtroom trial experience — how many years, types of lawsuits you have prosecuted and defended.
I have been a trial attorney during my entire 27-year legal career, and I have tried hundreds of cases before juries. During this time, I have been both a prosecutor and a defense counsel, and I have tried some of the most complex cases in this circuit. I have successfully prosecuted over 15 murder cases as well as numerous other serious cases. Other types of cases I have prosecuted include: armed kidnapping, sexual battery, child molestation, DUI manslaughter, animal cruelty and exploitation of the elderly. In addition, as an Air Force judge advocate, I was responsible for defending claims against the U.S. government that arose on military installations where I was assigned.

• If judges before whom you adjudicated cases were to describe your skills as an attorney, what do you think would they would describe as your strengths and areas in which to improve?
Judges have told me that I am an excellent trial attorney who has a command of the law the courtroom. Judges are surprised to learn that I have a master’s of law in taxation and of my diverse background that goes far beyond criminal law. For that reason, I have been encouraged to seek a judicial position.

• Which approach best describes your thinking about the constitution: Would you describe yourself as a Scalia “originalist” or do you think of the Constitution as a “living,” “evolving” Constitution?
When the courts must decide a case, the meaning of the laws in question is not always clear. Judges use their reasoning skills to decide what particular laws mean when they rule on cases. It would be a challenge to interpret the Constitution only one way, and it may even be unjust to automatically interpret it one fashion in a particular case.

• What are your thoughts about the Hobby Lobby decision — was it about women’s rights to reproductive services or a religious freedom issue or both?
The Supreme Court ruled in a 5-4 decision in the Hobby Lobby case that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom. Justice Alito, writing for the majority, said the requirement that the two companies provide contraception coverage imposed a substantial burden on their religious liberty. Hobby Lobby, he said, could face annual fines of $475 million if it failed to comply. Alito said he accepted that the government had a compelling interest in making sure women have access to contraception. Therefore, the decision involved both the women’s rights to reproductive services and a religious freedom issue.

• How can a judge be fair and impartial when every human being has a free will and opinions and, in most instances, certain biases?
Our legal system is based upon the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. As members of the judiciary, all judges must honor their positions of trust and strive to establish and maintain confidence in our legal system. One of the standard jury instructions to our jurors is that the verdict should not be influenced by feelings of prejudice, bias or sympathy. The verdict must be based on the evidence and on the law contained in the instructions. Judges have this same responsibility.

Susan Maulucci
• AGE: 56

• FAMILY: Married with four children and four grandchildren.

• EDUCATION: Bachelor of Arts degree and Juris Doctor, both from the University of Florida.

• OCCUPATION: I have practiced law for 30 years, working as a magistrate from 2004 until 2014, when I was required to resign to run for this circuit court judgeship.

• Why are you running for this judgeship?
Becoming a judge has been a lifelong goal; as a magistrate I performed many of the same functions. With my near decade of experience on the bench and the retirement of one of our Manatee judges, this seat was the perfect opportunity for me.

• What qualifies you to be a circuit judge more than your opponent?
My experiences in civil and criminal law, as a business owner and as magistrate are all distinguishing factors that make me the most qualified candidate.

I began my career as a prosecutor, working in Manatee and Sarasota counties for almost seven years, including a special division handling child abuse cases. From 1991 to 2004, I maintained a private law practice litigating hundreds of civil and criminal cases. Just as importantly, I learned how to run a business, make payroll and be responsible for employees.

In 2004, I began serving as a magistrate in the Family Division in Manatee County. For nearly 10 years, I presided over thousands of cases and, with the approval of the circuit judges, dissolved marriages, created parenting plans, provided financial relief and granted adoptions. I also presided over mental health and drug abuse cases and co-created/ presided over Independent Living Court, a specialty court for youth aging out of foster care. Performing many of the same functions as a circuit judge for almost a decade, I am uniquely qualified to be a circuit judge.

• What do you consider to be essential characteristics of a good judge?
Patience, the ability to treat all parties fairly and with respect, and to enter decisions based on the law. I demonstrated these characteristics for nearly a decade as a magistrate.

• Name a judge who you particularly admire and why?
I learned something from every judge I’ve appeared before. I especially admire Durand Adams, Paul Logan and Janette Dunnigan, who were my mentors throughout my career; and Becky Titus, whose hard work set the standard for women judges in the 12th Circuit.

• Describe your courtroom trial experience — how many years, types of lawsuits you have prosecuted and defended.
I tried thousands of cases as a lawyer and presided over thousands more as a magistrate. Having both criminal and civil experience, I litigated or presided over cases in every division of circuit court handling criminal, family, juvenile, guardianship and mental health/substance use matters. As a prosecutor I tried numerous capital sexual battery cases. My years as a magistrate not only gave me on-the-bench experience, but in family court, I also addressed legal issues involving mortgage foreclosure and other civil matters, bankruptcy, business valuation and probate and guardianship.

• If judges before whom you adjudicated cases were to describe your skills as an attorney, what do you think would they would describe as your strengths and areas in which to improve?
I have a reputation with the bench and bar for being ethical, hardworking, displaying judicial competence and treating everyone fairly and respectfully, and it is my knowledge, skills and reputation as a magistrate that make me uniquely qualified to be a judge.

• Which approach best describes your thinking about the constitution: Would you describe yourself as a Scalia “originalist” or do you think of the Constitution as a “living,” “evolving” Constitution?
The Constitution provides for three separate but equal branches of government. My understanding and respect for the legislative, executive and judicial branches of government is paramount in my approach to judicial decision-making. During my tenure as a magistrate, I established a reputation for knowing and following the law.

• What are your thoughts about the Hobby Lobby decision — was it about women’s rights to reproductive services or a religious freedom issue or both?
Judicial candidates are ethically prohibited from expressing personal opinions on issues that may come before the court. It is a judge’s role to follow the law and to be fair and impartial in their decision-making.

• How can a judge be fair and impartial when every human being has a free will and opinions and, in most instances, certain biases?
Judges take an oath to follow the law and to be fair and impartial. Although every judge comes to the bench with their own set of experiences, it is the understanding of the role that judges have as the protector of the rule of law that is paramount. I presided over hearings and trials for almost 10 years as a magistrate, basing my decisions on the law, treating attorneys and litigants equitably and resolving the matters in a fair and impartial manner.