HCBA Lawyer Magazine Vol. 30, No. 3 | Page 24

S P E C I A L F E A T U R E by Mike Hooker - Phelps Dunbar LLP Continued from page 21 Q: You also taught for several years at Stetson Law School. What course did you teach there? A: I still do — I did last night. I teach Trial Advocacy. We learn the basics of opening statements, questioning witnesses, admitting evidence and cross-examination. I think when you teach something, it helps you be sharp and stay on top of things ... Rules of Evidence, stuff like that. Q: In 2008, you were appointed to the Circuit Court by Governor Crist, where you spent time handling civil, probate, and family law matters. Did you enjoy handling non-criminal matters? A: Yeah, I’ve always liked the different types of law. That’s one of the good things about federal court — the cases are different. It’s not the same thing every day. But in state court, I always gravitated back to doing criminal cases because the criminal lawyers almost always get along with each other; they like each other. It’s a very pleasant professional world. If we were criminal lawyers, I could just call you on the phone and say “Mike, you know, I need another 30 days on this,” and you would probably say “Fine” and that would be the end of it. On the criminal side of things, it’s very professional, very pleasant. It’s actually enjoyable to practice law for the most part on the criminal side of things. So when it comes to professionalism, criminal is much more civil than civil. Q: Do you think that’s because these criminal lawyers are coming into contact with one another on a more regular basis? A: Absolutely. They know each other; they’ve worked together for years. Nobody wants to get a reputation for being dishonest or unethical because they know everybody’s going to see each other again on another case very soon. And that’s one of the things I’ve been thinking about in connection with doing more hearings in Federal Court. Hearings build some familiarity, build some regular contacts. I think that helps professionalism ... regularly seeing the judge, regularly seeing the lawyers, is good for everybody. Q: Can you point to any unique or really challenging case during the time you were on the State bench? A: Yes, there’s one that comes to mind. It was in family law involving custody of a boy who was about ten years old. I think my son was about that age at the same time. The boy had been raised by his grandparents essentially and the grandpa had just died, so it was kind of sad. And for whatever reason, his mother, who had not been part of his life, decided to come in, take him back 22 from the grandma, and raise him. Although the grandparents were the only parents he ever really knew, I was required to turn the custody over to the mother since Florida law doesn’t really give grandparents any kind of permanent rights. But the little boy did not want to go. I was asked to meet with him, which I didn’t do a lot of, but I did with him. The boy came to my office, and he brought his report cards, certificates from school, and good citizenship awards, and awards from Cub Scouts. He was crying and he said basically, “I’ve done everything right, why do I have to leave my grandma?” And that was a very hard case because all I could really tell him was, “That’s what the law requires.” Q: That raises an interesting question. I’m sure as a judge, you’re sometimes conflicted between what you’d like to do and what the law compels you to do. A: Yes. That happens a lot. But you just have to accept the fact that the law is the ultimate authority, not you and what you want to do. It comes up fairly regularly where you have to do things you don’t necessarily agree with. Q: You also wrote a couple of articles about judicial elections, including an article published here in the Lawyer magazine, entitled Maintaining the Integrity of Judicial Elections. Can you tell us a little about your experience with the judicial election and campaign process? A: That’s something I’ve just always been interested in: Judicial selection, appointments, elections, how all that works. I was involved in a couple of people’s campaigns when they were running for judge, and I’ve kind of kept my eye on how all that works. It’s interesting to me. Q: Did you enjoy campaigning? A: I enjoyed campaigning very much for other people. [laughs] I am glad I did not have to run myself. Because running for judge is very, very hard, and very time-consuming. Q: You were nominated for the federal bench by President Trump in 2018 and enjoyed the support of both Florida Senators from different parties — which some might say is rather unusual in today’s political climate. Do you have any views on the state of affairs today regarding the confirmation process for federal court appointees? A: I’d say it’s too politically focused for District Court nominees. The people in Washington are focused on the issues that might come before the Supreme Court or maybe the Circuit Court of Appeals. But that’s not what we are doing at the District Court. They are looking at Continued on page 23 JAN - FEB 2020 | HCBA LAWYER