Assistant State Attorney Don Scaglione accused the incumbent county judge of being soft on crime and inefficient.
By JENNIFER LIBERTO
Published September 1, 2004
BROOKSVILLE - Assistant State Attorney Don Scaglione stole the gavel from 15-year Hernando County Judge Peyton Hyslop on Tuesday, a reversal of their last showdown.
Scaglione beat Hyslop by about 10 percentage points, according to unofficial results, a slightly larger win than Hyslop earned over Scaglione during their race in 1998.
"I'm honored to have the opportunity to continue serving the people of Hernando County," Scaglione said Tuesday night. "I look forward to working with Peyton and (Clerk of Court) Karen Nicolai in setting up the county docket next year."
Scaglione will take his seat at the bench in January.
Hyslop, a former assistant county attorney and UPS employee who was first appointed county judge in 1989, was a bit shaken Tuesday night as he watched the results at Papa Joe's Italian Restaurant east of Brooksville. He conceded the race about 9 p.m. and said he was sure Scaglione would do a good job.
"It's what the people wanted, and that's the way it should be," said Hyslop, who said he had not decided what he would do come January. "When one door shuts, another one opens."
Scaglione, 45, is a Florida native and grew up in Tampa. He moved to Hernando County in 1990, when he joined the State Attorney's Office in Brooksville. He has spent the past 14 years working in the homicide-special prosecution unit. He also teaches law at Pasco-Hernando Community College.
Scaglione had accused Hyslop of being soft on crime, pointing to Hyslop's tendency to lower bail set by circuit judges on arrest warrants. Hyslop had maintained his right to lower bail, arguing that setting unreasonably high bail, in effect, imposes a sentence without a trial.
The Florida Supreme Court had backed Hyslop in a 2000 ruling. Then, last fall, the chief circuit judge revoked Hyslop's ability to preside over felony first appearances.
Scaglione also criticized Hyslop's scheduling of court cases. He said Hyslop managed his courtroom inefficiently, causing lawyers and defendants to spend too much time waiting for cases to be called.
The burgeoning Hernando County docket often leaves the county courtroom overflowing with traffic violators, bill dodgers and minor criminal offenders. Many defendants appear without an attorney and leave with their problems settled, avoiding the need for a trial.
Scaglione had raised $16,900, a little more than half of what Hyslop collected during the campaign. He won the endorsements of several law enforcement officials and groups, including Fraternal Order of Police Lodge 164.
Hernando County Sheriff Richard Nugent said early Tuesday evening he was happy to see the numbers showing Scaglione with a solid lead over Hyslop.
"The possibility of Don being elected as judge is a good thing for the county," Nugent said.
At the county fairgrounds polling place Tuesday, Kellie Griffin of Brooksville said she backed Scaglione's bid to oust Hyslop.
"I know the Scagliones personally and taught their children," said Griffin, 43.
She said she expected Scaglione to be a strong county judge.
Staff Writer Jeffrey Solochek contributed to this story.