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March 14, 2010
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Bar Poll
Palm Beach County attorneys rate judges

October 28, 2009 By: Jordana Mishory
 
or the second time in a row, Palm Beach Circuit Judges Diana Lewis and Timothy McCarthy were rated discourteous by more than half of the lawyers who responded to the biennial bar poll.

In contrast, respondents to the Palm Beach County Bar Association survey released Tuesday found nine of the 49 circuit and county judges have an excellent grasp of legal knowledge and its applications, and another 20 have an excellent demeanor.

Attorneys rated judges excellent, satisfactory or in need of improvement in nine areas including knowledge of the law, impartiality, preparedness, control of the courtroom and common sense. Judges on the bench for less than a year were excluded. Magistrates, compensation claims judges, senior judges and traffic hearing officers also were evaluated.

A total of 598 attorneys responded to a survey sent to 5,307 attorneys around the county. The bar asked for input from attorneys who tried a case or held at least three adversarial hearings before a specific judge in the past two years.

Attorney Patricia Leonard, who chairs the judicial relations committee responsible for the poll, said the association was pleased with a 11.25 percent response rate, up from 8 percent two years ago.

The name partner with Beasley Hauser Kramer Leonard & Galardi in West Palm Beach said the poll’s goal is to provide feedback to the judiciary and give the public information on how knowledgeable attorneys view the judges. She said the association purposely does not poll attorneys in election years.

“We don’t want it to be used as an election tool,” she said. “It’s more of an educational or informational type of undertaking.”

Chief Circuit Judge Peter Blanc, who was highly rated, said his colleagues vary on how much weight they give bar poll results. He notes the results aren’t scientific and reflect the views of a fairly low percentage of eligible voters.

But Blanc said the results show how courtroom attorneys view judges and could help them improve perceived problem areas. Personally, he was gratified by his showing.

“Anytime you are told you are doing well, it’s a reward for the hard work that goes into it,” Blanc said. “I consider myself to be fortunate. In the job we have, it’s tough for everyone to be satisfied with the results.”

In other ratings, about 89 percent of respondents said Circuit Judge Glenn Kelley has an excellent demeanor, and 72 percent said he has an excellent grasp of legal knowledge and application of the law.

Kelley, a three-year judge, said he was happy the results were favorable in his first evaluation by the bar. He said his high demeanor results could be reflect his desire to treat people with respect.

“For me, it’s one thing you look at to get some feel as to where you might need improvement,” said Kelley, who also relies on feedback from colleagues and jurors. “It’s not the end all and be all of who you are, just something you look at.”

County Judge Barry Cohen also received high ratings with 84 percent of respondents saying he has excellent knowledge and 86 percent saying he has an excellent demeanor. He was joined by Circuit Judge Richard Oftedal among the highest ranked judges. Oftedal’s knowledge was ranked excellent by 73 percent and demeanor by 90 percent. Blanc was ranked excellent in his knowledge by 80 percent of respondents and in demeanor by 83 percent.

Cohen and Oftedal did not return calls for comment by deadline.

County Judge Paul Damico got the highest ranking for demeanor at 91 percent. He could not be reached for comment.

On the negative side, Circuit Judge Karen Miller and County Court Judge Peter Evans join McCarthy and Lewis with 50 or more percent of respondents saying they needs to improve their demeanor. Lewis, McCarthy and Evans could not be reached for comment.

Circuit Judge Sandra McSorley received the worse results for demeanor with 63 percent of respondents saying she is discourteous. She did not return a call for comment by deadline.

County Court Judge Reginald Corlew received a negative rating of 65 percent on knowledge of the law. He did not return a call for comment.

Critics of bar polls tend to dismiss their significance. In the past, judges have said the raters tend to be attorneys with strong feelings or a personal interest in the result.

The bar recognizes the criticism and tries to weed out evaluators by requiring attorneys to certify three times that they base their viewpoints on the required time before each judge, Leonard said.

“We hope [evaluations] were based on actual experience and not gossip or anything else,” she said. “It’s an anonymous voting system. No system is perfect, and we can’t guarantee that everyone was honest.”

Bar association president Michelle Suskauer said she hopes the results provide constructive feedback.

“Lawyers don’t sit with the court afterward and say this is what I thought of your ruling and your demeanor and your knowledge of the law. Those conversations don’t exist,” said Suskauer of the Suskauer Law Firm in West Palm Beach. “It’s not a contest of who is the best and who is the worst. That’s not the point of this.”

This is the first year the survey was conducted online. Surveys were sent Sept. 29 and due Oct. 16.

Jordana Mishory can be reached at (954) 468-2616.

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