Two Monroe County Judge positions will change hands in 2022 after the Aug. 23 primary election. While Sharon Hamilton was unopposed in the Group 3 seat, attorneys Albert “Al” Kelley and Jason Smith will vie for the Group 1 seat, formerly occupied by Judge Pearly Fowler, in the nonpartisan election.
We asked both Kelley and Smith the following questions, limited to 100 words. Longer answers were summarized to fit word constraints. As the Florida Bar significantly limits what candidates can say publicly during their campaigns, there was some discrepancy on the ability of each candidate to answer all questions.
1) What is your background here in the Keys, and why have you chosen to run?
2) Which Keys judges, if any, would you pattern your role after?
3) Would you foresee this position as your final career destination?
4) Our state attorney’s office has recently seen notable shortages. How do you envision this impacting prosecutions in the county for the foreseeable future?
5) What is your view on how aggressively resource violation cases are prosecuted in Monroe County, and how strict the punishments are for offenders?
ALBERT KELLEY
- I moved to Key West in 1989 after an internship with the State Attorney’s Office in Lee County where I prosecuted criminal cases. I have since handled criminal defense, business/contract law, landlord/tenant, small claims, and other fields. I’ve spent my career educating others. I served as a professor for St. Leo University (Criminal and Business Law). I have written over 500 legal articles and authored five law books. I am a Court magistrate, certified mediator, and vice-chairman of the Court’s Professionalism Panel. I will use this position to keep educating the public on the judicial process and legal decisions.
- I have appeared before every judge that has served in Key West for the last 32 years, as well as Judge Ptomey in Plantation and Judge Becker in Marathon. While I have not been before them, I have known Judge Garcia and Judge Hamilton since before they were Judges. I have learned from all of these judges and rather than pattern myself after any one of them, my style will be my own, based on the teachings of all of them.
- Yes. I believe that the County Court is the most important part of our judicial system. We call it the “people’s court” for a reason. The County Court handles ten times as many civil cases and four times as many criminal cases as the Circuit Court. Often, the people in County Court are unrepresented and don’t understand the system. Judges are in the unique position of explaining the law fairly and without bias. The law should not be a mystery. As your County Court Judge, I will continue, and expand, the educational work I have been doing for many years.
- The obvious area where there may be an impact in the Courts is with speedy trials. In Florida, every person charged with a criminal offense has the right to a speedy trial, so they know their case will not linger and there will be some finality. Under the Florida Rules, a criminal case shall be brought to trial within 90 days of arrest for misdemeanors, 175 days for felonies, or within 60 days if a demand is filed, unless waived or excused for other reasons as set out in the Rules.
- The laws regarding these cases were drafted by the legislature to protect our resources for the benefit of local business and the future enjoyment of our residents and tourists. The legislature also determined appropriate penalties for those who violate these laws. It is not for the County Court to determine the appropriateness of the legislature’s decisions. If these laws are violated, the State is authorized to bring charges for that violation and if it is proved, to seek an appropriate penalty. As your Judge, I will review each case on its own merits and apply the law as written.
JASON SMITH
- After graduating from the University of Miami School of Law and practicing at a small Miami firm, I arrived in Key West as an assistant Public Defender. After almost five years there, I was in private practice with Tegan Slaton and solo practicing in a variety of areas. Throughout my career I have taken to jury trial over 50 felony trials, including capital murder trials. A few years ago, I returned to the Public Defender’s office. My knowledge and skill will enable me to ensure equal justice under the law, which we aspire to in our justice system.
- As I am seeking the seat now occupied by Judge Peary Fowler, what I have learned from her is to treat all with dignity and respect. From Judge Jones, I have learned consistency, dedication and compassion. From Judge Wilson and former Judges Audlin Gomez and Fowler, a fierce intelligence. From Judge Payne, I learned the common sense approach of treating everyone fairly with an understanding of our unique community. From former Judge Becker, I learned how to conduct trials with efficiency and intelligence. From Judge Miller I observed and learned how to conduct court in an efficient manner.
- Being elected to the position of Monroe County Judge would be the highest honor in my professional life. This is an extension of my commitment to public service. The significance of the work we do is drawing the line between liberty and punishment, the taking of rights and property delivered at the hands of the state. If the state is permitted to impose these punishments to whatever degree, without going through the procedures and rituals that ensure reliability and dignity, then we are all the lesser for it. I would be honored to finish my career as your county judge.
4-5. Unfortunately, I am unable to answer these questions, as they are a violation of the judicial canons which govern this election. There also may be a separation of powers issue.
