7 Contend for 2 County Judge Vacancies

It's nearly time for the primaries, so everyone get ready to vote! Three weeks ago the Sand Paper profiled all eight Republican county commission candidates and all those running for school board. But there's another important decision that all Lee County residents get to make regardless of party affiliation and that's Lee County Court Judge. This week, we decided to introduce readers to the four men vying for Group 3 and two for Group 4 so that islanders can make an informed decision on this highly important matter. All six candidates were asked the following question: What's the number one problem facing Lee County courts?

Lee County Court judges decide civil disputes under $15,000, misdemeanor cases and other duties. According to statistics from the Lee County Clerk of Court, Lee's eight county judges handled 13,132 cases in June and 151,006 new filings from June 2009 to this June. They make $134,280 a year.

Group 3

Group 3 features four attorneys who are vying for a seat vacated by Radford Sturgis, who will retire at the end of the year. All four candidates have varying viewpoints as to why they'd make the best judge: Mann claims his work as a mediator will give him an edge over his opponents, Branning talks about his experience and commitment to serve and Fernandez and Shestokas want people in their courtroom to feel respected and their time valued.

Robert J. Branning is a third generation native Floridian from the Panhandle. An Eagle Scout by the age of 13, Branning went on to serve in the Navy and attended Florida State University, followed by the Mississippi College School of Law. After graduation, he worked for a private trucking/transportation company in their risk management division. Over the years, he has volunteered in various local community organizations and charities, specifically Abuse Counseling and Treatment, the American Cancer Society, and Gifts of Grace (benefiting ACT, Children's Home Society, PACE School for Girls, and the Harry Chapin Food Bank).

Branning joined the Office of the State Attorney in Fort Myers in 2000, gaining experience in misdemeanor, domestic violence, juvenile and violent felony cases. He gave law enforcement cadets their legal training at the Lee County Criminal Justice Academy and then worked for Goldberg, Racila, Sico & Noone in the worker's compensation and criminal divisions of the firm before starting his own firm – focusing on criminal defense – with Dennis Rohak in 2008. He says it was Judge Sturgis that taught him about the traits necessary to be a judge when he taught him about what it means to be ready to serve.

He lists as his number one priority to uphold a fair and impartial judiciary and to allow the citizens of Lee County to receive a professional and reasoned consideration of their case.

We were unable to reach Mr. Branning by press time as he was in court.

Miguel C. Fernandez III was born in Camaguey, Cuba. In 1968, at the age of 5, he came to the United States and settled in Keyport, New Jersey, with his parents, grandparents and his only sister Luisa. Miguel later became the first in his immediate family to become a United States citizen. Overcoming barriers such as language, he would eventually receive his undergraduate Political Science degree from Seton Hall University and his Juris Doctorate, as well as Masters in Public Administration, from Syracuse University.After graduating from Syracuse in 1988, Miguel moved to Ft Myers and took an Assistant State Attorney (ASA) position with the State Attorney's Office until April 1990. As a stateprosecutor he tried a variety of misdemeanor and felony cases. Since 1990, Miguel has maintained a General Trial practice in downtown Ft Myers, practicing primarily criminal defense cases but also family law cases, personal injury cases and general civil litigation.

A past president of the Lee County BAR Association, Miguel serves his community by being involved with the Teen Court project, theHigh School Mock TrialProgramand the Fl Nation's Association and Lee County Bar Assoc. Pro Bono Committee and the Florida Bar's Justice Teaching Program. He also repeatedly speaks to Lee County public school children at various levels (including elementary, middle and high school), as well as the Lee County's Student Leadership Conference.

Like Eric Feichthaler in Group 4, Fernandez qualified for his candidacy by obtaining over 3,000 petitions from residents throughout Lee County. During that time he asked residents about their concerns with the court system

"Most of them had a number of common issues which I plan to incorporate into my judgeship should I get elected,” he told us. "Number one, people need to feel welcomed and respected when they come to court – the Judge Judy approach works great for TV, but not in real life. Second, I don't like the fact that people have to wait two to three hours before their case is heard – there should be better court administration. Third, people have to trust their judges and fourth, if people represent themselves and lose, I think the judge should offer them an explanation as to why.”

He lists his priorities as: reduce the docket by effective adjudication of older cases, shorter delays/waiting periods for attorneys and litigants and to promote greater understanding of judicial rulings and decisions.

Frank Mann, Jr. is a fourth generation Lee County native and the son of Commissioner Frank Mann. After finishing his first year of law school in the top 10% of his class, Frank was invited to join the Cumberland Law Review. He went on to become an Associate Editor and was one of three students, out of a class of over 200, to have an article published in the Law Review. Frank worked for the Lee County Electric Coop from 1986 to 1988, then as Associate Attorney for the Pavese Law Firm from 1991 until 1995. He has been in private practice ever since, and in 2005 began working as a Florida Supreme Court Certified Mediator.

"Our Court system is extremely overcrowded,” Mann told us in response to our question. "Keeping cases efficiently moving through the system, while ensuring every party to a lawsuit is given their full and fair opportunity to be heard by the judge, will be the main challenge facing every Judge in Lee County for many years to come. Working as a mediator for the last 6 years, to help parties resolve their cases without going to trial, has helped me develop the skills to manage contentious situations and keep everyone focused on the task at hand. It has also taught me the importance of truly listening to what the parties have to say. Doing so assures the litigant he or she has had a fair day in court and is the best way to accomplish the goal of keeping cases moving smoothly, and fairly, through a complex and crowded court system.”

Frank Mann, Jr. also says that his thousands of hours of community service during the past 15 years, including serving as a United Way board member, fund-raising campaign chairman and board chairman, are some of his proudest achievements.

"Judges can't run on issues so I believe the voters should look at things like

commitment to the community," he said.

In addition to the above, Mann has served on the Board of Directors of the Lee County Alliance of the Arts, Habitat for Humanity, Teen Court volunteer mentor, Rotary Club and is a lifelong member of the First Presbyterian Church of Fort Myers.

He lists his priorities as: fairness and listening to everyone, making parties to legal proceedings feel like they truly had their day in court and maintaining the integrity of our Judicial system.

David J. Shestokas has only been a resident of Lee County for 5 years, but has experience spanning decades protecting the constitutional rights of his clients, both in and out of the courtroom. He has been an attorney since 1987. He has a Bachelors of Arts degree in Political Science from Bradley University in Peoria, IL. In 1987, he received his Juris Doctor from the John Marshall Law School, with honors. In 1990 Shestokas was the Republican nominee for the United States Congress. From 1994 to 1998, he was an Assistant State's Attorney for Cook County, IL, the largest unified court system in the country. Shestokas has prosecuted over 10,000 criminal cases, worked in Juvenile Justice and made charging decisions in over 400 felony matters as part of police investigations. Since 1998 Shestokas has been in private practice in Florida and Illinois, primarily involved in criminal defense.

An international freelance writer, Shestokas has written articles on legal issues and the US Constitution in the Fort Myers News-Press and Naples Daily News. He is the Feature Writer in the area of Law, Crime & Justice for the online magazine Suite101. He also volunteers free legal services four hours per week with the Salvation Army, helping homeless individuals with legal problems. He told us that one problem in the courts that judges can fix is that of respecting people's time.

"Everyone running for judge is interested in justice,” he said. "But I'm talking about respecting individuals' rights and time. A couple of times I've gone to court at 8:30 in the morning, and there are 300 people spilling out into the hall who were all given an 8:30 court time. Some of them have to wait 2 or 3 hours to go before the judge for 15 seconds! In Cook County where I was a prosecutor, we split the day with court times at 8:30, 10:30, 1:30, sometimes even 2:30.”

"Judges can also prioritize cases and schedule those who will only need a 15 second continuance first so they can leave,” he continued. "It's a safety and security issue too with all those people sitting in the courtroom. It will take the cooperation of others in the system, but it can be changed and I will do everything within my power to make that happen and also to do my best to explain my decisions so folks feel respected.”

His priorities are courtroom administration and community explanations.

If none of the four candidates for Group 3 earns 50 percent plus one during the Aug. 24 primary election, the top two vote getters will advance to the Nov. 2 general election.

Group 4

Only 2 candidates are vying for Group 4: first time incumbent County Judge Archie Hayward - who was appointed two years ago by Gov. Charlie Crist after Lee County Judge John Dommerich was appointed a circuit judge - and former Cape Coral Mayor Eric Feichthaler.

Eric P. Feichthaler , a 1987 graduate of Mariner High School, graduated from theUniversity of Miamiwith a Bachelor's Degree,with honors, in Economics.Eric then earned hisjuris doctorfromGeorgetown University Law Center, where he competed in the Mock Trial Competition and was a member of theGeorgetown Journal on Fighting Poverty.He later earned hisMaster of LawsfromNew York University School of Law. He served as Mayor of Cape Coral from 2005 to 2008, and is still active in his Cape community – serving on the Board of Directors of four local non-profit organizations and also as a youth soccer and baseball coach. Like Frank Mann, Jr., Eric Feichthaler is a Florida Supreme Court Certified Circuit Civil Mediator.

Like Fernandez in Group 3, Eric appears on the ballot thanks to a petition drive that collected 3,205 signed petitions from residents throughout Lee County, and he believes his grassroots campaign shows the support he has in the community.

Feichthaler told us that he feels the biggest problem in the courts today is the backlog of cases, likely caused by the economy.

"There were 80,000 cases filed in 2009 to be heard by 8 judges,” he said. "It makes for a major time crunch. If I get elected I pledge to prepare every night beforehand and every morning to make sure I know the cases thoroughly. Right now, with the economy, there's more landlord-tenant disputes, more crimes, more issues in general. There needs to be greater efficiency.”

He lists his priorities as: efficiency and fairness, community awareness and impartiality.

Archie Hayward is a lifelong resident of Lee County who was appointed to County Judge by Governor Crist in 2008. A 1976 graduate of North Ft. Myers High School, he obtained his Associate of Arts degree from Edison Community College, and earned his Bachelor's degree in 1980 at the University of Florida where he also was awarded the Juris Doctor in 1983. Prior to his 2008 appointment, Archie Hayward served as a staff attorney with Florida Rural Legal Service where he provided leadership for the Senior Advocacy Elder Law Project. He operated a solo practice for nine years where he maintained a general practice and handled court appointed criminal conflict cases for the County Court Administrator's Office. From 1984-89, he worked with the Public Defenders Office of the 20th Judicial Circuit managing felony, juvenile, misdemeanor, and traffic cases.

Judge Hayward is active in his hometown, serving on the Board of Trustees of the Alvin A. Dubin Alzheimer's Resource Center the Rotary Club of Fort Myers and was a presenter for Florida Legal Service, Incorporated's Health/Public Benefits Advocacy Skills Training Workshop, where his presentation centered on effective representation for clients involved in a Medicaid hearing.

He has also served as a member of the Board of Trustees of the Southwest Florida Community Foundation since 2008. He currently serves on the Advisory Board to the Superintendent of the Lee County School Board. He has been previously appointed to serve on the Board of Trustee of Edison State College, the Downtown Community Redevelopment Advisory board for the City of Fort Myers, and the Lee County Housing Authority Commission.

When we asked him what he thinks is the most important issue facing Lee County Courts, his answer concerned something we can all relate to – the recession.

"One thing that we have to deal with is less resources to effectively help with alternative sentencing resolutions in making sure people get the help they need,” he said. "Having to do more with less – when the jails are overcrowded, and we sentence them to jail, we have to build larger jail systems.”

He lists his priorities as: to apply the law, to be fair, to be impartial.

Election Day is Tuesday, August 24th. All registered voters may vote for the school board and judge races. Republicans will be presented with a ballot featuring three choices for Senate, three for Governor, three for Attorney General and eight for the two open county commission seats. Democrats have four choices for Senate, two for Governor and two for Attorney General.