Incumbent Judge Patti Englander Henning and Fort Lauderdale family attorney Kristin Weisberg Padowitz are competing for Broward Circuit Judge, Group 18, in the August primaries. Here's why they say they should hold the position. Responses have been edited for style and content.


Related: 2020 South Florida Elections: Use This Voter Guide to Learn More About Candidates Running for Judge


|

Judge Patti Englander Henning

Englander Henning has served on the circuit bench for more than 30 years and is a former county court judge.

Why are you running for this position?

I am running for reelection because we need stability and confidence in the judiciary — particularly now — and my record and reputation clearly prove I can continue to provide that. I have dedicated 40 years to public service on the bench, and I have the desire, enthusiasm and energy to continue to do so. Judicial experience matters — to the bench, to litigants, to attorneys and to the people of Broward County.

My top priority is continuing to manage and help resolve the complex cases assigned to my division now and in my next term. For the last 10 years I have managed the complex civil division, guiding the most difficult cases to resolution. This work has been the most rewarding of my career. I enjoy the often unique legal issues presented, the interaction with attorneys and litigants, and the ability to devote the necessary time to these special cases. Every day I learn something new about the law and enjoy applying that knowledge to the cases before me. I would also like to continue to improve the judicial system with such initiatives as increasing jurors' pay and, most recently, the establishment of remote jury trials: two projects I am presently working with the 17th Circuit, the American Board of Trial Advocates and the NYU Law School Civil Jury Project to accomplish.

What about your experience qualifies you for the position?

I've served as a judge in Broward County for nearly 40 years, maintaining a courtroom where everyone receives — and believes they receive — a day in court presided over by a judge who is knowledgeable about the facts and law of the case, truly listens to them, and rules fairly and efficiently without bias or prejudice.

I've presided over every type of case imaginable. As a county court judge for four years, I presided over 100,000 cases. As a circuit court judge in the criminal division for six years, I presided over thousands of felonies, juvenile proceedings, extraditions and grand jury proceedings. In the civil division for almost 30 years, I've presided over all general civil matters, including negligence, contract disputes, construction defects, divorces, foreclosures, probate matters, juvenile proceedings, condemnation cases, declaratory judgments, injunctions, all writs and county court appeals.

For 10 years, I've managed the complex civil division, presiding over Broward's most difficult cases. They are lengthy, multiparty and often have novel or complex issues. They involve medical malpractice, toxic torts, tobacco and asbestos litigation, products liability and class actions. Unlike the majority of civil cases, the civil rules require my cases be given time-consuming preparation and extensive judicial management. I've done all of this with an unblemished record.

What's your biggest achievement so far?

Judicial ethics preclude discussing specific cases. However, a professional achievement I can discuss was serving on the Fourth District Court of Appeal. My first legal job was as a Florida assistant attorney general in criminal appeals. I then was chief of appeals in Broward's State Attorney's Office. I briefed and argued cases before the Florida Supreme Court, most DCAs and federal courts. I admired the appellate judges' preparation, incisive questions and reasoned opinions. Their civility, even when philosophically disagreeing, impressed me.

As a judge, I adopted that professionalism. I treat those in my court with respect, am well prepared on the issues and write cogent orders. So it was a privilege to be invited more than once to serve on the Fourth DCA. It meant they had confidence in my ability to prepare, confer, decide and write majority and dissenting opinions. It was a privilege to know they respected my ability to evaluate rulings of fellow judges. To serve in a capacity I admired from my first day as a practicing attorney was a great achievement.

My greatest personal achievement was having the privilege and responsibility while working full time to raise two young teens alone after my husband died from a rare cancer. I'm proud that they both studied law, following our family's commitment to public service. One is an immigration attorney, the other an urban planner.

What would a successful term look like for you?

Establishing court procedures that respond to the challenges of COVID-19 while providing due process and protecting our constitutional rights would be my first benchmark of a successful term. I'm privileged to be implementing remote hearings and remote jury trials with our 17th Circuit and working with NYU Law School's Civil Jury Project to establish guidelines for jurisdictions across the country. Creating a new norm for the judiciary that instills citizens' confidence in these tumultuous times would be a highlight of the term.

Continuing to manage the complex civil division would also mark a successful term. I'm grateful for the trust placed in me for almost 10 years by consecutive chief judges, seasoned attorneys and litigants who come to court to seek justice. Unlike most civil cases, which can resolve by trial lasting a couple of days, my cases require an extensive amount of time, preparation and attention so that pretrial matters can be argued and ruled on to help the parties resolve issues without the high financial and emotional costs of a lengthy trial.

Finally, a successful term would include completing my ongoing effort to increase juror pay, especially for those serving on lengthy trials. Financial burdens placed on jurors, their families and employers make it difficult for litigants to obtain a jury of their peers.

What is the most important issue facing your county at the moment?

Reestablishing the constitutional right to a jury trial while keeping the public safe from COVID is the most pressing issue facing our courts today. We must consider criminal defendants' rights to a speedy trial and to confront their accusers, the right to a public civil trial and the public's right to be protected from the devastating virus by following CDC guidelines.

I am already working to help guide the court system through these tumultuous times and adapt the court system I know so well to what the court system of tomorrow must become. I am working with the Broward County court system and as a judicial adviser to the national Civil Jury Project to envision and establish remote jury trials. One consideration is the availability of public spaces other than a courthouse to select a jury and possibly hold the trial. Another is development with Zoom and/or similar platforms to modify their programs to become more effective for the court system. For example, to adapt a program that will allow attorneys and clients to speak confidentially during proceedings; to find the most efficient method to introduce exhibits; and to allow access to the public to all of the proceedings while safeguarding the sanctity of the record. The chief judge has appointed me to preside over the first remote jury selection process using members of the community actually summoned for jury duty.


|

Kristin Weisberg Padowitz

Padowitz practices civil litigation and family law, has 21 years of experience and is a former prosecutor and public defender.

Why are you running for this position?

Serving the public as a circuit court judge would be the pinnacle of my legal career. I have practiced criminal defense and prosecution. As a civil and family law practitioner, I have gained additional experience which has provided me a well-rounded legal career. I have run my own law firm, which has given me a deep appreciation for the challenges of running a business. All of this experience will serve me to preside in a way that will be an asset to the citizens of Broward County.

I have the passion and energy to be involved in the community, not just on the bench, but outside of the courtroom as well. I have children whom are of school age, whose worlds changed overnight due to the coronavirus. I had to rise to the occasion and face the challenge of adapting to an entirely new way of learning. All of my legal and personal experiences will allow me to be able to relate to the attorneys, litigants and witnesses and the challenges they face. While all of this is challenging, it is also extremely rewarding. I believe that my experiences will be an asset to the citizens of Broward County.

What about your experience qualifies you for the position?

My 21 years of experience I have gained while working as an assistant public defender and an assistant state attorney completing over 75 jury trials as lead trial counsel, and now practicing family law and civil litigation in the private sector. Litigating on front of judges and juries has allowed me to become proficient in criminal, civil and family law. I am experienced, well-rounded and anxious to work hard for the citizens Broward County.

What's your biggest achievement so far?

Personally, my greatest achievement would be raising two strong-willed girls who are not afraid to take reasonable and calculated risks. Professionally, my greatest achievement would be working with young children who were victims of sexual and/or child abuse and obtaining guilty verdicts against their offenders.

What would a successful term look like for you?

A successful term would be one in which I set hearings quickly and complete the most trials of all of the judges. This would show that I am moving cases to resolution allowing the citizens of Broward County to get their day in court.

What is the most important issue facing your county at the moment?

Maintaining public confidence in the judiciary. This position requires time, energy and passion. My opponent has a well-deserved reputation of not being a hard worker and is consistently one of the least productive trial judges in Broward Circuit [source: Broward Circuit judicial trial statistics].

In 2020, she completed no jury trials, compared to other civil judges whom have completed five each. In 2019, she completed three trials, spending 20 days in trial, while other civil judges completed more than 20 trials, each spending an average of 88 days in trial. In 2018, Judge Englander Henning completed two trials, spending 24 days in trial, while other civil judges each completed 15 trials, spending an average of 61 days in trial. In 2017, Judge Englander Henning completed four trials, while other civil judges completed at least 12 trials each. In 2016, Judge Englander Henning completed four trials, spending 11 days in trial, while other civil judges each completed at least seven trials, spending an average of 32 days in trial.

The citizens of Broward County deserve to have a judge in this seat that is working to make sure the citizens get their day in court. A judge not working full days and completing few jury trials during a given year undermines the public confidence in the judiciary.

More election Q&As: