Longtime judge Richard Orfinger retiring from appeals court in Daytona Beach
Retiring 5th
“Recent experiences have shown us that democracy is fragile,” Orfinger wrote in an email to The News-Journal. “Judges across the country, both those appointed or elected by Republican or Democratic administrations, demonstrated fidelity to the rule of law when they considered the numerous lawsuits brought after the election and did their jobs. They asked simply what law and more importantly, what evidence, supports the allegations. And they acted as important guardrails protecting our democratic institutions.”
More: Appeals court strikes down lifetime ban on animal ownership for Ponce killer
Election trolling: Judge race marred, nation needs a better voting system | OPINION
Orfinger, 68, retired effective Sunday after 30 years on the bench, first as a judge in the 7th Circuit, which covers
Orfinger’s retirement was surprising coming soon after a retention election in November in which 71% of voters cast ballots to retain him at the
Orfinger said in a phone interview that the timing of his departure soon after the retention election was due to his miscalculating his retirement date related to his state pension. He said he needed to stay on the bench a little longer.
Appellate judges are appointed to their seats and then are in retention elections in which they do not face an opponent, meaning regardless of how and when Orfinger left office the governor would appoint his replacement.
Retention election provides judges more independence, although not nearly as much as federal judges who are appointed for life.
"Judicial independence is the reason the founders gave federal judges life tenure — they did not want the judges to worry about pleasing the crowd or losing their job because of a decision," Orfinger wrote in an email.
He said judges have to put aside any personal thoughts they have on decisions they make.
"Like all human beings, judges come to the bench with their own life experiences and biases. But we must be intellectually honest, recognize our own biases and, to the extent possible, put them aside and make decisions based solely on law and fact," he wrote.
While Orfinger is retiring he is not stopping work completely. He plans to become a certified mediator in civil and appellate work at Upchurch Watson White & Max, which according to its website is an association of professional mediators based in
He is also looking forward to more family time.
"I have two grandchildren that live just down the street from me and I plan on spending a lot of time with them," Orfinger said. "They are only 2 and 4 years old, so I have a great time with them. They like to spend time with their grandpa.”
A long line of judges
Orfinger comes from a family of judges. His younger brother,
"We had an internal rule that we would never sit together, because we didn’t want it to look like the family business," Orfinger said. "So we never sat on cases together. But it was always a joy to have him to bounce ideas off of."
Orfinger “was instrumental in transitioning the court from paper records to an all-electronic environment,” according to a press release from the 5th DCA.
“For more than four decades,
Orfinger returned the compliment.
"My greatest joy is I’ve worked with a great group of judges both as a circuit judge and as an appellate judge and a lot of great lawyers," he said. "I was honored."
Like most proceedings in other courts, the 5th DCA has been conducting its hearings via Zoom.
The appellate court has seen about a 35% reduction in cases since 2019 because trial courts aren’t able to conduct trials due to the pandemic, so there are less cases to appeal, Orfinger said. But that will eventually change.
“There’s this great big bubble that’s building up in the trial courts because of the pandemic that at some point is going to explode,” Orfinger said. “And you got all these people waiting for civil trials, for criminal trials and there’s going to be a huge backlog that has to be worked through.”
And the appeals court may have to work through that backlog with less people, because the entire court system has been asked to project a budget cut of 8.5% to 10%, Orfinger said.
In the court system, 90% of the cost is people, and the only way to cut the budget by that amount is to let go of people, Orfinger said.
“So you’ve got fewer people but this huge bubble of work,” he said.
As the process to replace him begins, Orfinger said judges must keep in mind to what their allegiance is.
“There is no truly apolitical way to pick judges as politics are involved whether a judge is picked by the president/governor or elected,” Orfinger wrote. “But as judges, our allegiance should be to the
Orfinger added: "As judges, we must do our best not to be Republican or Democratic judges, but simply to be judges who do our best to follow and, when necessary, interpret the law."
Applicants for seat on the
Sixteen people are scheduled for interviews on Monday and Tuesday with a committee which will select finalists whose names will be forwarded to Gov.
Circuit Judge
Circuit Judge
Circuit Judge
Circuit Judge
Circuit Judge
Circuit Judge
Circuit Judge
This article originally appeared on The Daytona Beach News-Journal: Longtime judge
___
(c)2021 The News-Journal, Daytona Beach, Fla.
Visit The News-Journal, Daytona Beach, Fla. at www.news-journalonline.com
Distributed by Tribune Content Agency, LLC.
City files lawsuit against certified farmers market's insurance
Unum adds new benefit that gives employees more paid time off to care for parents, spouses
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News