from staff
The application for the newly-created judicial seat in the Fourth Circuit is a project in itself. In addition to the some of the standard requirements such as name, age, address, education and Social Security number, the application also covers ground that most have never been asked personally, never mind professionally.
Among the topics in the 14-page application are an applicant’s Florida Bar number, their health and financial history, non-legal employment, possible bias or discrimination, prior judicial experience or public office experience and honors and publications. Oh yes, if an applicant is divorced, the application also requires the names and addresses of all former spouses. The following is a sampling of some of the more intriguing questions.
10. Are you currently addicted to or dependent upon the use of narcotics, drugs, or intoxicating beverages? If yes, state the details, including the date.
11(a) During the last ten years have you been hospitalized or have you consulted a professional or have you received treatment or a diagnosis from a professional for any of the following: Kleptomania, Pathological or Compulsive Gambling, Pedophilia, Exhibitionism or Voyeurism?
Yes or No
If your answer is yes, please direct each such professional, hospital and other facility to furnish the Chairperson of the Commission any information the Commission may request with respect to any such hospitalization, consultation, treatment or diagnosis. [“Professional” includes a Physician, Psychiatrist, Psychologist, Psychotherapist or Mental Health Counselor.]
Please describe such treatment or diagnosis.
11(b) In the past ten years have any of the following occurred to you which would interfere with your ability to work in a competent and professional manner?
• Experiencing periods of no sleep for 2 or 3 nights
• Experiencing periods of hyperactivity
• Spending money profusely with extremely poor judgment
• Suffered from extreme loss of appetite
• Issuing checks without sufficient funds
• Defaulting on a loan
• Experiencing frequent mood swings
• Uncontrollable tiredness
• Falling asleep without warning in the middle of an activity
Yes or No
If yes, please explain.
12(a) Do you currently have a physical or mental impairment which in any way limits, your
ability or fitness to properly exercise your duties as a member of the
Judiciary in a competent and professional manner?
Yes or No
12(b) If your answer to the question above is Yes, are the limitations or impairments caused by your physical or mental health impairment reduced or ameliorated because you receive ongoing treatment (with or without medication) or participate in a monitoring or counseling program?
Yes or No
Describe such problem and any treatment or program of monitoring or counseling.
13. During the last ten years, have you ever been declared legally incompetent or have you or your property been placed under any guardianship, conservatorship or committee? If yes, give full details as to court, date and circumstances.
14. During the last ten years, have you unlawfully used controlled substances, narcotic drugs or dangerous drugs as defined by Federal or State laws? If your answer is “Yes,” explain in detail. (Unlawful use includes the use of one or more drugs and/or the unlawful possession or distribution of drugs. It does not include the use of drugs taken under supervision of a licensed health care professional or other uses authorized by Federal law
provisions.)
15. In the past year, have you ever been reprimanded, demoted, disciplined, placed on probation, suspended, cautioned or terminated by an employer as result of your alleged consumption of alcohol, prescription drugs or illegal use of drugs? If so, please state the circumstances under which such action was taken, the name(s) of any persons who took such action, and the background and resolution of such action.
16. Within the last five years, have you ever been formally reprimanded, demoted, disciplined, cautioned, placed on probation, suspended or terminated by an employer? If so, please state the circumstances under which such action was taken, the date(s) such action was taken, the name(s) of any persons who took such action, and the background and resolution of such action.
29(i) List and describe the five most significant cases which you personally litigated giving case style, number and citation to reported decisions, if any. Identify your client and describe the nature of your participation in the case and the reason you believe it to be significant. Give the name of the court and judge, the date tried and names of other attorneys involved.
31(a) Have you ever held judicial office or been a candidate for judicial office? If so, state the courts involved and the dates of service or dates of candidacy.
31(b) List any prior quasi-judicial service.
31(c) Have you ever held or been a candidate for any other public office? If so, state the office, location and dates of service or candidacy.
31(d)(v) Has a complaint about you ever been made to the Judicial Qualifications Commission? If so, give date, describe complaint and its resolution.
32(b) Since being admitted to the Bar, have you ever been engaged in any occupation, business or profession other than the practice of law? If so, give details, including dates.
33. The Commission is interested in knowing if there are certain types of cases, groups of entities, or extended relationships or associations which would limit the cases for which you could sit as the presiding judge. Please list all types or classifications of cases or litigants for which you as a general proposition believe it would be difficult for you to sit as the presiding judge. Indicate the reason for each situation as to why you believe you might be in conflict. If you have prior judicial experience, describe the types of cases from which you have recused yourself.
34. Have you ever been convicted for violation of any federal, state, county or municipal law, regulation or ordinance? If so, give details. Do not include traffic violations for which a fine of $100 or less was imposed unless it also included a jail sentence.
35(a) Have you ever been sued by a client? If so, give particulars including name of client, date suit filed, court, case number and disposition.
37. Have you ever been a party to a lawsuit either as a plaintiff or as a defendant? If so, please supply style, case number, nature of the lawsuit, whether you were Plaintiff or Defendant and its disposition.
43(a) List all bar associations and professional societies of which you are a member and give the titles and dates of any office which you may have held in such groups and committees to which you belonged.
43(b) List, in a fully identifiable fashion, all organizations, other than those identified in response to question of which you have been a member since graduating from law school, including the titles and dates of any offices which you have held in each such organization.
43(c) List your hobbies or other vocational interests.
43(d) Do you now or have you ever belonged to any club or organization that in practice or policy restricts (or restricted during the time of your membership) its membership on the basis of race, religion, national origin or sex? If so, detail the name and nature of the club(s) or organization(s), relevant policies and practices and whether you intend to continue as a member if you are selected to serve on the bench.
44(a) Have you attended any continuing legal education programs during the past five years? If so, in what substantive areas?
44(b) Have you taught any courses on law or lectured at bar association conferences, law school forums, or continuing legal education programs? If so, in what substantive areas?
46. Explain the particular potential contribution you believe your selection would bring to this position.