Category Archives: Florida

2018 November Election Guide: Six Florida Constitutional Amendments to Vote Against

There are 12 ballot items relating to the Florida Constitution, due largely to the work of the Constitutional Revision Commission which had its 20-year meeting. They voted out a lot of amendments, then — wrongly, I’d argue — grouped them so that we don’t get to vote on each one individually. That is wrong on principle, and also I think bad in practice as the ballot has become even more opaque than usual.

TL/DR on Amendments
Amendment 1: NO
Amendment 2: NO
Amendment 3: YES
Amendment 4: YES!!!!
Amendment 5: NO
Amendment 6: NO
Amendment 7: NO (Note: there is no #8)
Amendment 9: YES
Amendment 10: NO
Amendment 11: YES
Amendment 12: YES
Amendment 13: YES

In this, the first of two posts on the Constitutional Amendments, I’m going to outline why you should vote NO on six of the twelve, ## 1,2, 5, 6, 7 & 10. My next post in this series will be about why you should vote YES on the other six, ## 3,4, 9, 11, 12 & 13.

It’s important to vote NO on these six proposals because not voting is almost as bad as a yes vote: in order to pass, a proposal must get 60% approval of those who vote on the issue–not 60% of those who vote as a whole. Skip voting on any one of these and you increase the odds of its passage.

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Posted in 2018 Election, Florida | Comments Off on 2018 November Election Guide: Six Florida Constitutional Amendments to Vote Against

2018 November Election Guide: Judges

Here, belatedly (early voting has already begun!), is Part I of some recommendations on the undercard of your ballot. I will start with the judges. Future parts forthcoming Real Soon Now™ will be coming soon.

In my part of South Florida we have four appellate Judges up for retention, and one run-off election for state Circuit Judge on the 11th Judicial Circuit.

I intend to vote to retain all four District Court of Appeal Judges:

▪Kevin Emas: Yes
▪Ivan F. Fernandez: Yes
▪Norma Shepard Lindsey: Yes
▪Robert Joshua Luck: Yes

All have good ratings from the Florida Bar poll:
Kevin Emas: 92 percent.
Ivan F. Fernandez: 87 percent.
Norma Shepard Lindsey: 85 percent.
Robert Joshua Luck: 90 percent.

As I’ve said before, I approach retention elections with a presumption that Judges should be retained unless they have given us a good reason not to do so; happily, to the best of my knowledge, there’s no such reason in any of these four cases.

In the run-off for Group 14 of the state 11th Judicial Circuit (not to be confused with the federal appeals court of that name!), I endorsed Renee Gordon in August and I’m going to vote for her again, as opposed to Vivianne del Rio, the other candidate who survived the first round. As I wrote in August,

I endorsed Renee Gordon the last time she ran, noting that she is is a “former Public Defender who has been litigating for 20+ years, of which twelve were in private practice. She also has a long resume of working with troubled children in various managerial and legal capacities. This is a great background for a Judge – in the trenches and there for a long time.” She almost won last time, and I’ll vote for her again. That said, both other candidates, Louis Martinez and Vivianne del Rio, sound like people who would make decent judges. Del Rio is an ASA, Martinez is a former AUSA. FWIW, the Herald endorses Gordon too.

Happily, whoever wins we should be fine.

Posted in 2018 Election, Florida | 1 Comment

Gillum Speaks in Coral Gables

I attended an Andrew Gillum event last night, and recorded most of Gillum’s inspirational speech (I didn’t record the extensive thank-yous that prefaced the talk.)

Posted in 2018 Election, Florida | 4 Comments

I Saw This Ad Just Before the Heat Game Started

This ad by VoteVets about Rick Scott is a lot better than anything I’ve seen by the Nelson for Senate campaign:

Of course, Scott has more money, and has been flooding the airwaves with warm and fuzzy stuff.

Posted in 2018 Election, Florida | Comments Off on I Saw This Ad Just Before the Heat Game Started

Florida Bar Pass Rates July 2018

UM did fine; the news is the crash over at neighboring law schools, notably Nova Southeastern, Stetson, and Barry. What happened? (In reading this list I would not read much into small differences in pass rates; but big differences (over 10%, maybe; certainly over 20%, and likely less) do mean something.)

This year’s bar was tough, with the lowest pass rate on the multistate in 34 years. In that environment, UM’s 83.2% is credible, given that we have a lot more bar-takers than our close competitors, even if it is still lower than I would like.

The shockers on this list are Nova and Stetson and Barry.  Nova had an 86% pass rate in 2009, and almost 81% in 2010; last year was 70.2.  Where are they now? At 42.9%.  What happened?

Stetson, once the #1 or #2 in the State, and  at least  in the high 70s or low 80s less than 10 years ago, was 76.8% last year, and suffered less this year, but it was down to only 67.2%. These are schools that are (were?) known for solid teaching of doctrinal law, for producing reliable local practitioners year after year, if perhaps not for being national or especially academic in their ambitions.  Barry, which not long ago was comfortably in the mid-70% range,  and got 58.9% last year, cratered too, to 45.5%. Indeed both Barry and Nova were below Florida A&M, and FAMU’s 58.5 score wasn’t much to cheer about.

There won’t be much happiness at the University of Florida. They have a fine program, and students with excellent credentials, and yet only 70.9% passed? A blip, I trust.

I’ve long said that Bar pass rates are over-rated as a measure of law school quality. But, as I also said back then,

[T]here certainly comes a point where a substantially lower bar pass rate than other schools in the state is a sign of a problem that a law school should work to fix. Most people come to law school in order to become lawyers. If they can’t pass the bar, at least on second try, in most cases they have wasted large amounts of time and money. If this is happening to a substantial fraction of the class, and it isn’t happening nearly as much in other law schools in the same state, then something is wrong either with the teaching, the work ethic, or with the admission policy. Note that the latter may not be the school’s direct fault: as there are more and more law schools it becomes increasingly likely that some schools simply are unable to attract enough students with enough discipline or talent, which puts pressure on the school to either teach to the bar, or to flunk a greater fraction of the entering students.

I’m not sure where that point is exactly, but surely a 42.9% pass rate is below it, and probably 62% also, unless the school is self-consciously taking risks on admissions in order to further a social goal (which arguably describes FAMU) — and the students understand this going in.

I’m glad we as a school did well; I feel sorry for everyone at every school who tried hard and failed. Anyone can fail the bar once; many of you will pass on second try, if you work hard again.

Posted in Florida, Law School | 2 Comments

More on DeSantis & Racism

The Miami New Times offers discussed #4, the Facebook group previously):

1. He spoke at a Muslim-bashing event alongside Milo Yiannopoulos and Steve Bannon.

3. He defended a supporter who said “bring back the hanging tree.”

5. He proudly associated himself with Sebastian Gorka, who has ties to a Hungarian far-right group that collaborated with the Nazis. …

If he’s not a bigot himself, he sure does pal around with them a lot.

Posted in 2018 Election, Florida | 5 Comments