Three sets of Circuit Court judicial candidates on the August ballot
There are three Circuit Court judge groups on the ballot for all Marion County residents this primary season, but only one set of candidates are vying for the Group 20 seat currently assigned to Marion County: Ben Boylston and Barbara Kissner Kwatkosky.
The other two seats on the ballot, Groups 13 and 7, are in the Fifth Circuit, which encompasses Marion, Lake, Sumter, Levy, and Citrus counties. Since judges can be transferred within the circuit, all registered voters in the five counties will have the opportunity to weigh in on the nonpartisan judicial races on the Aug. 20 election.
According to the Florida Court Administrator, Circuit Court judges handle “civil disputes involving more than $50,000; controversies involving the estates of decedents, minors, and persons adjudicated as incapacitated; cases relating to juveniles; criminal prosecutions for all felonies; tax disputes; actions to determine the title and boundaries of real property; suits for declaratory judgments that is, to determine the legal rights or responsibilities of parties under the terms of written instruments, laws, or regulations before a dispute arises and leads to litigation; and requests for injunctions to prevent persons or entities from acting in a manner that is asserted to be unlawful.”
Group 20 (Marion County)
When Judge Gary Sanders announced he would not be running for reelection at the end of his term, Kwatkosky and Boylston both filed to run for the seat.
Barbara Kissner Kwatkosky
Kwatkosky, who has been practicing law since 2003 and has been a full-time magistrate in Marion County since 2020, is the only judicial candidate who is a Marion County resident. She resigned her magistrate’s position in April in order to run in this race.
Prior to becoming a magistrate, Kwatkosky’s practice focused primarily on family law.
In a written statement to the Florida Bar, Kwatkosky outlined why her experience had prepared her for this role. “In November 2016, I was appointed to be a General Magistrate. A General Magistrate has the responsibility to hear and decide issues, manage dockets and resolve cases. In the last seven years, I have handled family, dependency and mental health dockets, resolving issues including dissolution of marriage, custody, property distribution, alimony, placement of children, and Baker Acts. I have worked in both Marion and Sumter counties but was previously assigned to hear child support cases in all five counties of the Fifth Circuit. Between 2006 and 2024, I have heard over 70,000 cases. I have prior experience in civil litigation and as criminal defense attorney where I tried over 45 jury trials.”
In 2018, while the general magistrate on the dependency drug docket, Kwatkosky restarted the specialty court known as Early Childhood Court (ECC) in Marion County and Sumter counties. “ECC focuses on babies in 0-3 year range with services to help them develop properly,” explained Kwatkosky by email.
“I have been on the faculty of the Florida Judicial College since 2017 helping newly elected and appointed judges and general magistrates prepare for their role on the bench. I have taught classes on case management, drafting orders and overall best practices. In 2023, I received the Florida Judicial College Faculty Leadership Award
Kwatkosky described serving citizens as a “privilege” and felt that “fostering trust in the court system” was an important role of the judiciary.
Kwatkosky has received endorsements from Marion County Clerk of Court Greg Harrell, several local lawyers as well as the “Orlando Sentinel,” which wrote of Kwatkosky, “her legal experience spans many of the types of cases a circuit judge would handle. That background is the best training for a judgeship we can imagine. Even better, Kwatkosky’s background is matched by an openness to innovation, including additional so-called “problem-solving courts” that tackle justice from a different perspective. In this race, however, Kwatkosky’s preparation gives her a clear edge.”
Ben Boylston
Boylston lives in Lake County has been practicing law since 2005.
Boylston has primarily worked in criminal defense, and in a statement to the Florida Bar described the bulk of his 19-year career sitting on both the prosecution and defense side of criminal cases. Boylston said he’s spent a portion of his practice representing crime victims, local governments and drafting contracts and civil lawsuits.
“I even serve part time right now as a code enforcement special magistrate for the city of Tavares, presiding over hearings and deciding cases. Disputes between neighbors about the condition of the property next door can get pretty heated, but it’s my job to keep things calm, listen to both sides, and make people feel they got a fair hearing even if I ruled against them,” he wrote in a statement.
Boylston also said his experience in private practice has taught him that “judges have to be efficient, because it’s true that time is money.”
Boylston told the “Gazette” that he has been endorsed by State Senator Dennis Baxley, retired Marion County Judge John Futch, 5th Judicial Circuit Public Defender Mike Graves, and Lake County Sheriff Peyton Grinnell.
When the “Gazette” asked if Boylston would commute or move to Marion County, if elected- he indicated he would continue to live in Leesburg and commute. Circuit court judges are not required to live in the county they serve.
Group 7 (Hernando County)
Derek Saltsman of Webster faces Erin Daly of Brooksville for the Group 7 Circuit Court seat in Hernando County.
Derek Saltsman
Saltsman has been practicing law since 2000. His primarily practice area has been in criminal defense with the public defender’s office as well as regional conflict counsel.
At one candidate forum, Saltsman indicated the practice of law he chose showed he didn’t go into the practice of law for the money because there are more lucrative practice areas.
Saltsman said the “black robe represents neutrality” and he believes he can deliver that.
In a statement to the Florida Bar, Saltsman wrote that being a “father of six, a deacon, Sunday school teacher, classroom teacher, coach, and practicing attorney for over 40 years makes me a more understanding, compassionate and experienced person overall.”
Additionally, Saltsman wrote that “representing people from all walks of life and socioeconomic backgrounds makes me a diverse and understanding individual. Having experience with a variety of types of law has also aided in my abilities to be able to handle anything that might come before me with an understanding of fairness and equity.”
Saltsman has been endorsed by a few attorneys in neighboring counties, and added, “I feel that endorsements should be based on those who have worked with and against you in the courtroom or in life.”
Erin Daly
This is a second career for Daly, who has been practicing law since 2007. She started as a bailiff at Brooklyn Supreme Court, where she served for 17 years before rising to sergeant. Right out of law school she went to work at the 5th circuit state attorney’s office for 17 years before entering private practice a year ago to practice law in the areas of criminal defense, family, and probate.
“My background as a Sergeant Court Officer (akin to a Supervising Court Deputy) from 1989-2006, trained Emergency Medical Technician and uniformed 911 first responder demonstrates my ability to remain composed and calm in any high-pressure situation. As a prospective judge, my deep respect for life-and-death situations and my extensive courtroom experience aligns with the enormous responsibility of decision-making. I will confidently uphold the law, ensuring rulings adhere to constitutional principles and legislative intent,” Daly wrote in a statement to the Florida Bar.
Daly has been endorsed by Hernando, Citrus and Marion County fire unions, Sumter County Sheriff William Farmer, Lake County Sheriff Peyton C. Grinnell, according to her Facebook page.
Group 13 (Lake County)
Honorable Heidi Davis
Incumbent Judge Heidi Davis, who started practicing law in 1998, was appointed to the bench in 2010 by then-Gov. Charlie Crist. She faces challenger Zack McCormick.
“I have effectively managed my docket, consistently having some of the lowest docket numbers in my jurisdiction. I have never had to respond to a JQC (Judicial Qualifications Commission) or Bar complaint. I have handled over 18,000 cases with fewer than 10 successful appeals. I served as the county’s administrative judge from 2018-2022 during the height of Covid. I was the first female judge to serve in Hernando County and am currently the first and only female Circuit Court judge in Lake County. I have the knowledge, experience and temperament to continue to serve my community with dedication and dignity,” Davis wrote in a statement to the Florida Bar.
During candidate forums, Davis indicated she had received endorsements from both Fifth Circuit State Attorney William Gladson and Fifth Circuit Public Defender Michael Graves, proof that “it’s fairness you’ll get in my court.”
The Orlando Sentinel also endorsed reelection of Davis.
Zack McCormick
McCormick started practicing law in 2010.
He interned for the state attorney’s office during law school and then went to work for the public defender’s office for approximately four years before moving on to private practice focused primarily on civil litigation for the past 10 years. He feels his experience in civil litigation and as a sole practitioner sets him apart.
For the last five years, McCormick has sat on or chaired a Judicial Nominating Commission (JNC). He indicated this experience has led him to believe he would be a good candidate. “The number of judges who have litigated civil claims in private practice are relatively few and many of the complexities and nuances associated with such cases can be challenging to deal with to the uninitiated. As such, the bench would be well complimented to have such addition(s),” he wrote in a statement to the Florida Bar.
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