Opinion: For a better justice system

With no open seats in this year's Pinellas-Pasco judicial elections, the three challengers running had no choice but to oppose sitting judges. Traditionally, judicial incumbents enjoy such a powerful advantage that few local lawyers are willing to make a run against them. The challengers deserve credit for their willingness to make this a real election.

But persuading the electorate to turn out a judge who has spent years on the bench should be a tough sell. Voters will have a difficult choice in some of these races.

William Webb

Pinellas-Pasco Circuit Court, Group 14

Nearly six years of experience on the bench and a reputation as a sharp, talented and hardworking jurist mark the judicial career of Circuit Judge William Webb. Sitting in Pasco County, where he has lived since 1974, Webb has brought extensive legal knowledge and skills to the 6th Judicial Circuit.

Before winning his seat in 1994, succeeding Judge Lawrence Keough, Webb had an extensive criminal and civil trial practice as a partner at the firm of Carlson & Meissner. Also, from 1972-83, Webb worked as a local prosecutor -- for much of that time working long hours as an assistant state attorney while in private practice.

Webb, 52, sits in a criminal division court in New Port Richey and has served as Pasco's administrative judge since 1997. He has a reputation for being a tough judge, but he also has worked to develop a drug-court-like treatment model for defendants with substance abuse problems.

A diligent worker, Webb is credited with reducing the backlog of cases on his criminal docket by more than half, and he has coordinated programs and streamlined communications among various branches of the criminal justice system. While he was in the family law division, Webb worked to make the court system more accessible and understandable for litigants in family matters who aren't represented by a lawyer.

If there is a criticism of Webb, it's that he hasn't always been scrupulously fair to defense attorneys. Last year, the Florida Supreme Court reversed Webb in two high-profile cases. Convicted killers Oscar Ray Bolin Jr. and Berry Kessler were granted new trials because Webb refused to give the defense a sufficient opportunity to screen jurors.

Webb is opposed by Donald Peyton, 57, who has lived in Pasco County for 15 years and has his own civil practice. While this is Peyton's first try at being elected to the bench in Florida, he did apply to the Judicial Nominating Commission last year to fill a newly created seat in Pasco County but was not recommended. Peyton does have some past judicial experience. In 1985, he held an elective position as judge with the Boone Superior Court in Indiana.

While Peyton has had a long legal career, he is opposing a man who has brought legal talent and initiative to the bench. The Times recommends William Webb.

Myra Scott McNary

Pinellas County Court, Group 7

County Court is very different from Circuit Court, where significant legal matters are tried. County Court is a real people's court, a place where people go, often without lawyers, to dispute traffic tickets, handle small civil matters and face misdemeanor charges. A judge who has to deal so directly with people should be patient, understanding that her role is to counsel litigants as much as to interpret the law.

McNary, 40, says she tries to bring compassion and empathy to the bench. She sits in the Clearwater civil division, handling small claims matters and uncontested divorces, but she has served in all the court's divisions -- civil, criminal, domestic violence and traffic -- in her five years as judge. McNary was appointed in 1995 by the late Gov. Lawton Chiles, becoming the first African-American woman to be a judge in the county. In 1996, she retained her seat by winning a contested election against private practitioner George Sanchez.

Before donning the robes, McNary spent seven years as senior assistant county attorney, working on such matters as mortgage foreclosures, small claims and ordinance violations. Prior to that, she spent two years as a staff attorney with Gulf Coast Legal Services, which gave her experience in family law and landlord-tenant matters.

McNary brings much-needed diversity to the county bench, but her performance could be stronger. In local Bar polls in which attorneys are asked to rate judges' performance, McNary regularly ranks at the bottom. And while such polls are sometimes unreliable -- measuring a judge's personal popularity rather than her ability -- McNary has a reputation among both lawyers and her judicial colleagues for not always pulling her weight. McNary has allowed other obligations to interfere with her judicial duties, imposing on other judges to pick up her slack.

If McNary wins this election, she will need to redouble her efforts on the job and address some of the deficiencies in her performance. To her good political fortune, she is facing an opponent who offers weak credentials for the job.

McNary is being challenged by Robert "Bo" Michael, who has practiced law in the Tampa Bay area for 15 years. Michael, 40, works in St. Petersburg as a personal injury attorney at the office of Paul Hitchens, P.A. In the late 1980s, he also worked for a little more than a year as an assistant public defender in Hillsborough County.

If you think you remember a Judge Michael, you're right. Bo Michael's father, Robert F. Michael, was an area circuit court judge for about 20 years. Bo Michael says he wants to follow in his father's footsteps, but his resume suggests he has a way to go in preparing himself for the bench. For the last eight years, Michael's practice has primarily involved representing clients in a breast implant class-action suit. The work has offered him little experience in the kinds of matters he would confront on the county bench.

For all her deficiencies, McNary at least has five years experience as a judge and has proved she can function acceptably in the job. The Times recommends McNary.

Karl Grube

Pinellas County voters will have a tough choice between County Court Judge Karl Grube and his opponent, Kandice Friesen, a veteran public defender. Friesen clearly has the qualifications, legal experience and professional reputation to be a judge, but Grube has served the county as a distinguished jurist for 23 years. Over that time, he has actively worked to improve the administration of justice.

Grube, 54, has developed a national reputation as an expert in courts of limited jurisdiction. He has brought a scholarly approach to county court, writing numerous articles on the fine points of the job. Although his judicial colleagues say Grube has his eccentricities, they are quick to add that he has been a remarkable force for good in the profession. He has served for 18 years without pay as a teacher at the National Judicial College and presided over the Florida Conference of County Court Judges.

To make county court less intimidating to unrepresented litigants, Krube petitioned the Florida Supreme Court to allow the use of citizen mediators as a first step in small claims matters. He also worked to open a kind of night court for traffic disputes to make it more convenient for people to challenge tickets.

There was a time when Grube was considered imperious on the bench, but attorneys who practice before him now say he's recently become more polite and respectful.

Friesen, 41, has been a local assistant public defender for 15 years. She is considered one of the strongest attorneys in the Pinellas County office, having tried more than 130 jury trials as lead counsel. Friesen also has limited experience in civil practice.

There is no doubt Friesen would be hardworking and able, if elected. The problem for Friesen is that she's running against a man who doesn't deserve to lose his job.

The Times recommends Karl Grube for another term.

Opportunity to reply

The Times offers candidates not recommended by its editorial board an opportunity to reply. Candidates in the races discussed today should send in their replies no later than 5 p.m. Monday to: Philip Gailey, editor of editorials, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. (E-mail: letters@sptimes.com; Fax: 893-8675). Replies are limited to 250 words.

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