Osceola County Judge Candidates

[Geo]

Does anyone know the folks running for judge in this county? I don't. Or at
least I didn't until I bothered to find out.

Honestly, I had no intention of researching the people running for Osceola
County Judge this election year. Truth be told, I have never researched
judge candidates before. So why bother now? Well, it happened almost by
accident.

My son handed me a political flyer that was handed to him by Judge Hal
Epperson. Mr. Epperson was canvassing Harmony a few weeks ago. After reading
the flyer it occurred to me that it would be a good idea to ask judge
candidates for the same thing I asked school board candidates for (ie. Will
you send me your resume? - see "What Kind of People?",
http://tinyurl.com/bt5ofys ).

Here are the 4 judge candidates on the ballot for our precinct this year:

County Judge � Group 2:

Phil Dunlop
Heather O'Brien

County Judge � Group 4:

Hal Epperson
Ernie Mullins

Until about a week ago I only knew one of these folks from Adam (or Eve). I
have now met 2 of the 4 candidates in person. I have also spoken to all 4 on
the phone.

I was impressed with 3 of the 4 candidates I spoke to.

Hal Epperson was the only candidate who refused to provide his resume for
online publication. I was also sad to hear an attitude from Mr. Epperson
that sounded like "How dare you question me?" He made me feel like a surf
working for royalty. Mr. Epperson seems to have forgotten that he is a
public servant working for the citizens of Osceola county.

I was quite impressed with Phil Dunlop, Heather O'Brien and Ernie Mullins
however. They were all very friendly and forthcoming on the phone.

I know that Mr. Dunlop is a resident of Harmony. He actually sold my oldest
son his first car a few years ago. Mr. Dunlop is very well spoken and he was
also very cooperative.

Ms. O'Brien and Mr. Mullins were also very cooperative. Mr. Mullins even
agreed to answer questions in this forum.

All of these candidates (with the exception of Hal Epperson) were completely
understanding of my efforts to "raise the bar" on political candidates
running for public office in Osceola County. They understand that we really
need quality people running for office here if we ever hope to elevate
ourselves above mediocrity in this county.

After speaking to Mr. Mullins (Ernie) on the phone, I was happy to see him
canvassing in Harmony. He stopped by my home. We spent several minutes
talking. Ernie is very down-to-earth. He asked if he could put a sign in my
yard. I said "Sure!"

Attached are resumes for:

Ernie Mullins
Heather O'Brien
Phil Dunlop

From the resumes a few things stand-out.

Ernie Mullins clearly has the most experience of any of the candidates as a
trial lawyer. He also has prior experience as a judge in teen court.

Heather O'Brien is young, but she has excellent credentials. As a graduate
of one of the top law schools in the country (Georgetown), Ms. O'Brien seems
to have the best education among the candidates. That likely accounts for
her judge appointment in 2010 by Charlie Crist.

Phil Dunlop is also very experienced as a trial attorney.

The resumes are helpful for getting information from the candidates
themselves. But we all know that it is even more important to gather
additional information from independent sources whenever possible. Doing so
for new candidates is not so easy. It much easier to find information about
sitting judges.

To that end the Central Florida Association of Criminal Defense Lawyers
(CFACDL) conducts a poll every year of the folks who actually know our
county judges best, the attorneys who interact with them on a daily basis.

According to the CFACDL, 130 attorneys were polled this year about all of
the county judges in this area. Those polled include private defense
attorneys, public defenders and prosecutors.

The 2012 CFACDL Poll appears in the last 2 attachments below (the entire
poll document is too large). The first two introductory pages are included
as well as pages 29-33 (Osceola judges). For the entire 2012 CFACDL Poll
document see "2012 Judicial Poll Results", http://www.cfacdl.org/news.html .

Pages 29 through 33 are all about Osceola judges. This includes county
judges as well as circuit court judges.

Among the 4 candidates discussed in this article, 2 are sitting judges:
Heather O'Brien and Hal Epperson.

Among the 9 Osceola judges evaluated in the CFACDL survey, Heather O'Brien
is rated the highest overall in Osceola County and rated the best judge in
almost every category. This is very impressive for such a young lawyer. Here
are the comments included about Judge O'Brien:

Judge O'Brien towers both figuratively and literally
above the rest of the Osceola County bench in regard to
legal knowledge.

Judge O'Brien is respectful to everyone who comes into
her courtroom.

Judge O'Brien is such an asset to our County Bench.
Wise beyond her years and professional to both victims
and defendants.

*Note: There were no negative comments about Ms. O'Brien.

Among the 9 Osceola judges evaluated in the CFACDL survey, Hal Epperson is
rated at the bottom overall in Osceola County and rated the worst judge in
almost every category. Here are the comments included about Judge Epperson:

Judge Epperson will follow the law by enforcing the
mandates that come back from the circuit bench.

Judge Epperson tends to favor the state.

*Note: 5 negative comments about Mr. Epperson had to be
deleted due to Florida Bar rules.

Perhaps we can now understand why Hal Epperson, unlike any other candidate,
seemed so defensive on the phone.

[Ray Walls]

This is good information, George. Thanks for sharing.

Ray

Sent from my iPhone

> <Ernie Mullins.pdf>
> <Heather O'Brien.pdf>
> <Philip Dunlop.pdf>
> <Poll-p1p2.pdf>
> <Poll-p29-p33.pdf>

[Ryan Schiro]

In regards to Mr. Dunlop I think it's important to add that the car he sold me was of much less quality than he originally presented. The air conditioning worked for about 2-3 weeks (it seemed to have been pumped full of freon before the sale), but it turns out there was a leak he didn't make me aware of and soon after the pipes went dry. I filled it myself and had cold A/C for about a month, then nothing. It was a pretty rough summer. The car was sold with a KBB value of $2,800 with the understanding the A/C worked at full capacity and had no leaks. Honesty is key for a public servant and this everyday situation might reflect how he may handle business if appointed this position. Just my 2 cents.

Ryan

---

From: Geo <IIDIMG...@spammotel.com>
To: gg <Harm...@googlegroups.com>
Sent: Friday, August 3, 2012 6:49 PM
Subject: Osceola County Judge Candidates

[Jay Wheeler]

Judge O'Brien serves with me on the Osceola County Boys and Girls club board of directors, and recently spoke at a club event. I really like her.

I have known both Hal Epperson and Ernie Mullins for several years. Hal and I served together on the Osceola council on aging board. Nice guy. I know Ernie much better. Ernie is one of the smartest people in Osceola, and tough as anyone I know.

I've also known Letty Marquez and her husband Tom for ten years. Letty is very very smart.

Sent from my iPad

[Stacy McCland]

Judge O'Brien needs to get her campaign manager under wraps. He was harassing a Dunlop supporter today-- made her cry! Not nice at all! I believe he was making up rules that don't exist. That's inexcusable. It will be interesting to see what she has to say about his behavior and how she takes care of it. Dunlop is a very nice guy and from what I understand, a great attorney.

 

I knew Hal Epperson as a child from church, and I knew Ernie Mullins from witnessing his actions in court when I clerked for Judge Legendre. Hal Epperson was always very nice. Ernie is a very knowledgeable attorney. They both bring different talents and skills to the table that are worthy.

 

I know Eric Dubois from Law School. He was a Dean, and he was fantastic! He was always very fair and an extremely hard worker. Whenever there was an issue, Dean Dubois would be taking care of it.

 

That's my two cents worth!

 

Good Night! Stacy 

--
Stacy McCland, Esq.
136 Rachel Lin Lane
Saint Cloud, FL  34771
407-957-6794

[Geo]

I informed Heather O'Brien of this matter yesterday. She was unaware of it. She seems to be taking it seriously. I invited her or anyone else on her team to join us here to discuss it.

[Geo]

Mr. Epperson, please call me George. Let us know if you would prefer "Mr. Epperson", "Judge Epperson" or "Hal".

 

First, congratulations on your election win!

 

Thank you for joining us and offering your take on our phone call. I hope that we can ask you questions in this forum for all to see.

 

Yes, Ernie did bring the attorney poll to my attention. But I then I read it and decided it was a credible source of information. Please feel free to correct me on that point. Ernie is also a member of this forum so perhaps he can offer his views as well.

 

FYI, I saw your multiple test posts. Please understand that all posts are held for moderation and they may not appear sometimes for several hours. The main thing I need to do with new posters is verify identity. I did so easily in your case since your email address matches what's on file with the Supervisor of Elections.

 

 

-----Original Message-----
From: harm...@googlegroups.com [mailto:harm...@googlegroups.com]On Behalf Of Hal Epperson
Sent: Wednesday, August 15, 2012 5:04 PM
To: harm...@googlegroups.com
Subject: Re: Osceola County Judge Candidates

Mr. Schiro,

I have an open door at the courthouse.  Any member of the public can come by my office and I will stop what I am doing to discuss any concerns.  Should you ever wish to discuss anything, you can come by my office or I would be willing to sit down and have a cup of coffee with you out near Harmony.  The reason I personally stopped by your house was to give you the opportunity to ask questions of me as a candidate.  I read your blog comments and based upon our phone conversation I understand them.  As I recall, you even raised the spectre of a forthcoming blog when I initially balked at the prospect of preparing a PDF resume.  Should we ever get the chance to talk again and preferably in person, I would welcome the opportunity to offer you some more informaton about the defense attorney poll which you have referenced in your blog.  I am guessing that your existing knowledge of the poll is what you learned exclusively from Mr. Mullins.

Best Wishes,

Hal.

[Geo]

I am playing "catch-up" with this newsgroup. Thank you for your understanding.

 

Hal wrote:

 

    I would welcome the opportunity to offer you some more

    information about the defense attorney poll which you

    have referenced in your blog.

 

Could you please give us your take on the credibility of the attorney poll now Hal? I noticed that you used the phrase "defense attorney poll". I know that the poll was sponsored by the "Central Florida Association of Criminal Defense Lawyers". But it is my understanding that the poll was not limited to just CFACDL members. Supposedly it also included non-member local defense attorneys as well as prosecutors.

 

Do you believe that the poll was somehow biased or unfair Hal?

 

 

-----Original Message-----
From: harm...@googlegroups.com [mailto:harm...@googlegroups.com]On Behalf Of Hal Epperson
Sent: Thursday, August 16, 2012 7:14 AM
To: harm...@googlegroups.com
Subject: Re: Osceola County Judge Candidates

"Hal" is fine.  Thank you for the congratulatory word and the explanation regarding my failed postings.  It appeared that the messages were not going through so I decided I would give it a final try and it worked.  I am not a sophisticated computer user.  I wlll certainly participate in this forum with the obvious limitations which come from my profession when it comes to discussing some issues. 

Hal.

On Wednesday, August 15, 2012 7:17:31 PM UTC-4, Geo wrote:



[Geo]

I just realized that Judge Hal Epperson has not been receiving emails from
this newsgroup. So he may unaware of this follow-up. That has been fixed.
Hal will now receive these messages when everyone else does.

Here's what I posted Friday:

?

----------------------------------------------------------------------------
----

From: Geo <IIDIMG...@spammotel.com>
To: gg <Harm...@googlegroups.com>
Sent: Friday, August 3, 2012 6:49 PM
Subject: Osceola County Judge Candidates


Does anyone know the folks running for judge in this county? I don't. Or at
least I didn't until I bothered to find out.

Honestly, I had no intention of researching the people running for Osceola
County Judge this election year. Truth be told, I have never researched
judge candidates before. So why bother now? Well, it happened almost by
accident.

My son handed me a political flyer that was handed to him by Judge Hal
Epperson. Mr. Epperson was canvassing Harmony a few weeks ago. After reading
the flyer it occurred to me that it would be a good idea to ask judge
candidates for the same thing I asked school board candidates for (ie. Will
you send me your resume? - see "What Kind of People?",
http://tinyurl.com/bt5ofys ).

Here are the 4 judge candidates on the ballot for our precinct this year:

County Judge ? Group 2:

Phil Dunlop
Heather O'Brien

County Judge ? Group 4:

[HAROLD & MELISSA EPPERSON]

Hello George,
When I offered to speak to you about the referenced poll in response to Mr. Mullins' use of the poll out on the stump, I didn't intend to indicate that I thought it would be appropriate for me to "blog" about it in this forum. While I won't do this in a public forum, I do sincerely appreciate your invitation to do so.
I would be happy to talk to you personally about this. Also, you have a Harmony neighbor who is a criminal defense attorney and member of the Central Florida Criminal Defense Attorney's Association. His name is Phil Dunlop and I believe you have spoken to him at least once as he was a judicial candidate. He can provide you with some information on this poll and the manner in which it is conducted. The Orlando Sentinel interviewed Phil Dunlop and discovered some things about the poll which would be of great interest to anyone who was truly concerned about the integrity of the process.
Bottom line - I scored very low in the poll ever since Mr. Mullins filed to run against me three years ago. Thus, I would not be the best person to criticize the poll as I could justifiably be seen as simply being defensive - like the student who gets an "F" but claims the test was unfair.
Thanks for your interest,
Hal.
P.S. - Though you and most of your fellow residents probably do not have the time, the very best way to evaluate your judges is to actually come to the courthouse and observe. I am in court every day. Courtroom 4F.

[Stacy McCland]

I could not agree more that the best way to judge a judge is to watch them in action. It doesn't take long to figure out who is respectful and fair to others. Many people don't realize that the majority of court rooms are open to the public. It's also not a bad idea to take children to observe how our legal system works.

 

The second best way, in my opinion, is to look at their appeals record. A judge who is rarely appealed is properly applying the law to the facts and following proper procedure.

 

Have a great, rainy Monday everybody,

 

Stacy

[Geo]

Thanks for your feedback Hal. I actually found several articles that I think
you are referring to. So I picked just one that I assume you found
representative of your views about the CFACDL poll. Here it is:

Results Of Judges' Polls Depend On Who Fills Out Form
http://tinyurl.com/97venmv

Here are a few paragraphs that caught my eye:

Take County Judge Carol Draper. She consistently comes
out at the bottom of the pack in the defense attorneys'
poll. Yet she was the only judge in Orange or Osceola
County to receive a perfect score from those in law
enforcement.

The judge said her job is to protect the community, so
she doesn't mind being disliked by criminals and their
attorneys. In the anonymous comments section of the
poll, someone wrote that Draper injected an element of
hazing and fear into the courtroom.

"Which would you rather have, a judge who's loved by
law enforcement or a judge who's loved by criminals?"
asked Draper, who was not opposed for re-election this
year. "If they committed a crime, I want them terrified
when they walk in. Maybe they won't do it again."

I find Judge Draper's comments a bit chilling. "If they committed a crime, I
want them terrified when they walk in." I would have hoped that a sitting
judge would have said instead "If they committed a crime (and we've proved
it), I want them terrified when they walk out."

There is a big difference between those two statements. The first seems to
imply that the judge assumes that any defendant walking into her courtroom
is guilty. I have 3 sons. At some time or another many kids can get into
trouble and its often due to poor judgement rather than malicious intent. I
would worry about one of my children appearing before a judge with such an
attitude.

I think criminals should be treated as Judge Draper describes, not
defendants who are presumed innocent.

Anyway, I disagree Hal. Discussing such things should not be reserved for
private conversations behind closed doors. To much of that goes on already
and look at some of the people we have running things here. I think it is
long past time to open things up in this county. Let's all discuss these
issues openly for everyone's benefit.

That said, thank you again for your fair and reasonable response Hal. If I
have the opportunity, I will speak to Phil Dunlop about the poll. Good
suggestion. And who knows, I may show up in courtroom 4F someday, hopefully
not as a defendant. ;o)

[Stacy McCland]

I read Judge Draper's comment a bit differently. I think maybe she meant that if they have really committed the crime when they walk in the courtroom, they need to be terrified because they are going to be found guilty and not walk away with a bad verdict. She doesn't say that people who have not committed a crime and are just alleged of committing a crime should be terrified.

 

Just my thoughts......Stacy

[Dave Leeman]

I read that portion exactly the same. If you haven't commmitted a
crime you shouldn't be terrified.

That said, being loved by law enforcers and not attorneys is not
necessarily a good thing in my book. Don't forget, attorneys defend
innocent people as well as criminals, and if they think their clients
are getting a fair shake, they won't complain if the guilty ones don't
always get off. They will, however dislike a judge who doesn't give
an innocent person a fair shot.

In my opinion, choose the judge who is considered fair by both sides,
and is interested in justice. I'm skeptical of any judge who is loved
by one side and hated by the other. It doesn't matter which side does
which.

> ...
>
> read more »

[Stacy McCland]

When I clerked for Judge Legendre, he knew which law enforcement officers were honest and those that were not. I watched law enforcement officers lie on the stand when they were sequestered from each other. I was shocked at what common practice it was.

 

So, you are right David. Both sides should have parties that like and dislike you.

 

Stacy

[HAROLD & MELISSA EPPERSON]

I don't meant this as a criticism of Judge Draper but she speaks for herself. That is not my response to the poll. You can review my partial response on the Orlando Sentinel's website where they conducted a joint interview of Mr. Mullins and myself, an interview which can be watched in its entirety.
If you come to my courtroom, I am certain that you will see that defendants appearing in my courtroom would not walk in terrified or become terrified during their proceeding.
Thanks,
Hal.

[HAROLD & MELISSA EPPERSON]

Good advice Stacy.  And "for the record", I have never been reversed on appeal.  :)