Volusia County Bar Association

Transcription

VOLUSIA COUNTY BAR ASSOCIATION2022 Judicial Election QuestionnaireNameWesley HeidtPosition Applying forVolusia County JudgeGroup 51.How long have you been a Florida resident? Native2.Are you a registered voter?3.Military Service (including Reserves)4.Yes No In what county are you registered?VolusiaServiceBranchHighest RankDatesRank at time of dischargeType of DischargeAwardsCitationsServiceBranchHighest RankDatesRank at time of dischargeType of DischargeAwardsCitationsEducationSchool NameCollegeCollegeLaw SchoolDegreeGraduation YearValdosta State College (now aUniversity)B.A., History1985University of FloridaJ.D.19885.Year Admitted to The Florida Bar6.Employment1988a)Current Firm or Government Agency State of Floridab)Title Volusia County Judgec)Describe the general nature of your current practice. If your practice is substantially different from your priorpractice, include details of prior practice. Describe your typical clients or former clients and the problems forwhich they sought your services. Judges, 10 years prior to becoming a judge.Prior to becoming a judge, I worked from 1993 to the end of 2020 for the Florida AttorneyGeneral. I handled criminal appellate cases at every level of the State and Federal courtsystems. I would advise state attorneys on an almost daily basis, and since 2008 I also ran thelocal Attorney General's Office.d)Employment History in the last 15 years. Judges, 15 years prior to becoming a judge.PositionBureau ChiefAssistant AttorneyGeneralName of Firm or AgencyFlorida Attorney GeneralFlorida Attorney GeneralEmployment Dates2008 to 20201993 to 20081VCBA 2022 Judicial Election

7.Court Appearances - What percentage of your appearance in courts in the last five years of practice was in:Judges, 5 years before you became a judge.COURTPERCENTAGE20Federal AppellateFederal TrialPRACTICE AREA2080CivilCriminalFederal OtherPERCENTAGEFamily755State AppellateState TrialProbateDependency/JuvenileState AdministrativeWorkers Comp/AdministrativeState OtherOtherTOTAL %100TOTAL %Description for Other: As Bureau Chief, I ran all aspects of the office administratively (but the legalmatters concerned criminal and civil matters at the state and federal levels).In the last 10 years, how many (number) of the cases you have tried to verdict or judgment were:Jury?Non-Jury?As a judge, Ihave triedhundreds ofcases.Arbitration?Administrative Bodies?8.Professional Admissions - List all courts, state bar admissions, administrative bodies having special admissionrequirements to which you have been admitted to practice and bar sections, board certifications and local legalassociations of which you are a member.I am member of the United States Supreme Court, the United States Court of Appeals for the EleventhCircuit, United States Middle District of Florida, and have been Board Certified as a criminal appellateexpert since 1997 by the Florida Bar. I am also a member of the Volusia County Bar and Dunn BlountAmerican Inn of Court.9.Court Procedures - In the last ten years, have you been sanctioned for failing to meet any deadline imposed by courtorder?Yes No If so, provide details.10.Disciplinary Actions - Within the last ten years, have you ever been formally reprimanded, sanctioned, demoted,disciplined, placed on probation, suspended or terminated by an employer or tribunal before which you haveappeared?Yes No If so, state the circumstances under which such action was taken, the date(s) of such action andthe resolution of such action.11.Physical or Mental Impairmenta.Do you currently have a physical or mental impairment which in any way limits your ability or fitness toproperly exercise your duties as a member of the Judiciary in a competent and professional manner?Yes No 2VCBA 2022 Judicial Election

b.If the answer to 12a is yes, are the limitations or impairments caused by your physical or mental healthimpairment reduced or ameliorated because you receive ongoing treatment (with or without medication) orparticipate in a monitoring or counseling program?Yes No c.Describe such problem and any treatment or program of monitoring or counseling.12.During the last 10 years, have you even been declared legally incompetent or have you or your property been placedunder any guardianship, conservatorship or committee?Yes No If so, provide details as to court, date and circumstances.13.During the last 10 years:a.Have you unlawfully used controlled substances, narcotic drugs or dangerous drugs as defined by Federaland State Laws? Yes No b.Have you ever been reprimanded, demoted, disciplined, placed on probation, suspended, cautioned orterminated by an employer because of your alleged consumption of alcohol, prescription drugs or illegaldrug use? Yes No c.Have you ever refused to submit to a test to determine whether you had consumed and/or were under theinfluence of alcohol or drugs? Yes No If yes, provide an explanation.14.Business Involvement – Judges, 5 years prior to taking the bench.a.If you are now an officer, director or otherwise engaged in the management of ay business enterprise, state thename of the enterprise, the nature of the business, the nature of your duties, and whether you intend to resignsuch position immediately upon your election to judicial office.I currently serve on a non-profit board for Southeast Volusia Youth Sports, Inc. It runs baseballin the New Smyrna Beach area, and I serve as its President. As a judge, I distanced myselffrom the fund raising matters; however, I have continued to serve as President.b.Since being admitted to the Bar, have you ever been engaged in any occupation, business or profession otherthan the practice of law?Yes No If so, give details, including dates.I taught for over 15 years as an adjunct professor in the Daytona State College paralegalprogram.c.State whether during the past five years you have received any fees or compensation of any kind, other thanfor legal services rendered, from any business enterprise, institution, organization, or association. If so,3VCBA 2022 Judicial Election

identify the source of such compensation, the nature of the business enterprise, institution, organization orassociation involved and the dates such compensation was paid and the amounts.Again, I did work for Daytona State College and was paid by them for teaching.15.Possible Bias or PrejudiceAre there certain types of cases, entities or extended relationships or associations which would limit the cases for whichyou could sit as the presiding judge? Please list all types or classifications of cases or litigants for which you as ageneral proposition believe it would be difficult for you to sit as the presiding judge. Indicate the reason for eachsituation as to why you believe you might be in conflict. If you are currently serving on the bench, describe the typeof cases from which you have recused yourself.There are no cases from which I have had to recuse myself. Of course, having been active in thecommunity as well as in the local bar association, there are individuals that would require me to disclosemy relationship with that party to each side.16.Miscellaneousa.Have you ever been convicted or a felony or a first degree misdemeanor?Yes No If yes, what charges?Where convicted?Date of Conviction?b.Have you pled nolo contendere or pled guilty to a crime which is a felony or a first degree misdemeanor?Yes No If yes, what charges?Where convicted?Date of Conviction?c.Have you had the adjudication of guilt withheld for a crime which is a felony or a first degree misdemeanor?Yes No If yes, what charges?Where convicted?Date of Conviction?17.Have you ever been sued by a client? Yes No If so, describe suit and resolution.18.Has any lawsuit to your knowledge been filed alleging malpractice because of action or inaction on your part?Yes No If so, describe suit and resolution.19.Have you or your professional liability insurance carrier ever settled a claim against you for professional malpractice?Yes No If so, provide details of the claim and resolution.20.Have you ever filed a personal petition in bankruptcy or has a petition in bankruptcy been filed against you?4VCBA 2022 Judicial Election

Yes No If so, provide details.21.Have you ever owned more than 25% of the issued and outstanding shares or acted as an officer or director of anycorporation by which or against which a petition in bankruptcy has been filed?Yes No If so, provide details.22.Have you ever been party to a lawsuit either as a plaintiff or a defendant?Yes No If so, provide details.As an assistant attorney general, a few defendants listed me as a party in suits; however, to myknowledge, I was dismissed from all of them or the entire suit was dismissed.23.Has there ever been a finding of probable cause or other citation issued against you or are you presently underinvestigation for a breach of ethics or unprofessional conduct by any court, administrative agency, bar association, orother professional group?Yes No If so, provide details.24.To your knowledge within the last 10 years, have any of your current or former co-workers, subordinates,supervisors, customers or clients ever filed a formal complaint or formal accusation of misconduct against you withany regulatory or investigatory agency, or with your employer?Yes No If so, provide details and resolution of complaint.25.Are you currently the subject of an investigation which could result in civil, administrative or criminal action againstyou?Yes No If so, provide details.26.In the past 10 years, have you been subject to or threatened with eviction proceedings?Yes No If so, provide details.5VCBA 2022 Judicial Election

27.Have you filed all past tax returns as required by federal, state, local any other government authorities?Yes No If not, provide details.28.Has a tax lien ever been filed against you?Yes No If so, provide details.29.In the last 10 years, have you belonged to a club or organization that in practice restricts its membership based onrace, religion, national origin or sex?Yes No If so, detail the name and nature of the clubs or organizations, relevant policies and practicesand whether you intend to continue as a member if you are elected to serve on the bench.30.Describe and include dates of any pro bono legal work you have done in the last 5 years.Judges, 5 years prior to taking the bench.None31.Have you attended any continuing legal education during the past 5 years?Yes No If so, in what substantive areas?As a board certified attorney and as a member of the Florida Bar in general, I have completed allrequired CLE courses on a regular basis.32.Have you taught any courses on law or lectured at bar association conferences, law school forums, continuing legaleducation programs?Yes No If so, in what substantive areas?As referenced above, I taught legal courses in the paralegal program at Daytona State College.Additionally, I lectured several times in courses on appellate law for the Florida Bar (these were tapedand offered as CLE), I taught courses on postconviction law for the staff attorneys state-wide, I lecturedto groups as varied as the Florida Prosecuting Attorney's Association to SWAT teams in lawenforcement to CLE programs before almost all the prosecutors in the 5th, 7th, 9th, and 18th circuits. Ialso hosted a few CLE programs for the Volusia County Bar Association and presented topics at thoseforums.6VCBA 2022 Judicial Election

33.Describe any additional education or other experience you have which would assist you in holding judicial office.As a teacher at Daytona State College, setting out the foundations of the state and federal legalsystems and explaining legal matters to non-lawyers has been extremely beneficial to me in countycourt. Many of those before me in the civil division represent themselves. Explaining the basics of thelaw in a quick, efficient manner has made me a better judge. Additionally, serving in many leadershiproles from Bureau Chief of the Florida Attorney General's Ofifce, local sports programs, in my localchurch, the Volusia County Bar Association, Daytona State College, the Medical ExaminersCommission, etc. has allowed me hit the ground running in a high volume, county court docket.34.Explain the potential contribution you believe your election would bring to this position.I had over 30 years of public service experience prior to being appointed to serve Volusia County as oneof its county judges. I have handled a very high volume civil docket, and I have done so efficiently.Following the law as a judge and treating all those before me with respect are two commitments that Imade prior to becoming a judge. I have met those commitments and understand the importance ofeach. Having now served on the bench for almost a year and half, I fully understant the advantages thatmy diverse background gave me to be able to handle the role of serving on the bench. I believe servingas judge to be one of the highest callings for at attorney, and I would be honored to continue to soserve.I have read the foregoing questions carefully and have answered them truthfully, fully and completely.Wesley HeidtName (typed name qualifies as signature)5/10/22Date Completed7VCBA 2022 Judicial Election

University of Florida J.D. 1988. 5. Year Admitted to The Florida Bar . 1988. 6. Employment . a) Current Firm or Government Agency . State of Florida. b) Title . Volusia County Judge. c) Describe the general nature of your current practicef your practice is substantially different from your prior . I practice, include details of prior practice.