After 21 years on the bench, 7th Circuit Judge James Clayton to retire in April

Circuit Judge James R. Clayton will retire in April, marking the second recent retirement of a long-serving judge from the circuit.

Clayton sent a letter Monday to Gov. Ron DeSantis announcing his retirement effective April 1.

"It has been a privilege and honor to serve the citizens of the state of Florida for 21 years," Clayton wrote.

Clayton currently presides over probate and guardianship cases at the Volusia County Courthouse in DeLand. He has previously presided over juvenile and felony dockets, including death-penalty cases, although he has never imposed a death sentence. He has also served as chief judge of the 7th Circuit, which covers Volusia, Flagler, St. Johns and Putnam counties.

Clayton was elected to the bench in 2002. He said his wife, Pam, 57, managed his campaign. Clayton was reelected without opposition in 2008, 2014 and 2020.

Before becoming a judge, Clayton worked as a prosecutor and was in private practice.

Clayton's current term ends in 2026.

Gov. Ron DeSantis will appoint Clayton's replacement just as DeSantis will appoint the replacement for former Circuit Judge Raul Zambrano, another long-serving judge who retired at the end of last year at the age of 60.

Clayton, who received his undergraduate and law degrees at Stetson University, said judges were previously required to retire when they were 70, but about five years ago the law was amended, changing the retirement age to 75.

Clayton, who turned 70 last year, said he had planned to retire in December at the same time as Zambrano.

But Clayton said his wife was diagnosed last year with breast cancer so he wanted to keep working until he was certain that his insurance would cover her treatment.

She is being treated at Moffitt Cancer Center in Tampa.

“She’s doing great,” Clayton said. “She says 'I’m not dying from cancer. I’m living with cancer.'"

Clayton said they have been married for 27 years.

“She has had to put up with me,” Clayton said. “Everybody is very sympathetic to her being my wife.”

When asked what advice he would give to new judges, Clayton said one tip is to be humble.

“They need to understand that it’s a bench, not a throne,” Clayton said.

He said selecting April 1 as his retirement date was "coincidental."

Clayton said he has been practicing law since 1978 and is looking forward to retirement.

“I’ve had a schedule every day of my life for 45 years,” Clayton said. “I’ve had to wear a tie every day of my life for 45 years. I’m ready to not have to wear a tie and not have a schedule. I can’t wait.”

'A true public servant'

Chief Judge Leah Case stated in a press release that she hopes Clayton will return as a senior judge, retired judges who return to help on a part-time basis.

"On one hand, I'm happy for Jim in that he can now enjoy a well-earned retirement and focus his energies on personal pursuits. However, on the other hand, it's a sad day for the Seventh Judicial Circuit and its citizens. We're losing a jurist who approached the job as a true public servant, always willing to lend a hand or ear to a colleague, lawyer or litigant. I hope he'll consider returning as a senior judge," Case stated in the release.

Circuit Judge Matt Foxman said in a phone interview that he was unhappy to see Clayton leave the bench, adding that Clayton was an excellent judge. Foxman presides over family law cases at the Volusia County Courthouse in DeLand.

Foxman is the son of the late Judge S. James Foxman for whom the Justice Center in Daytona Beach is named. But Matt Foxman said it was not family ties that convinced him to run for judge. He said it was Clayton.

“He’s actually the one who talked me into running and has been nothing short of a big brother to me in the kindest of ways: always there for me, always there for the circuit, always believing in the fundamental concept of service to the public,” Foxman said.

He also praised Clayton’s demeanor.

“A wonderful personality that really translated to the court room and the ability to communicate with litigants. He always made it know that he was one of them, not that they were a number in the system,” Foxman said.

He said that losing Zambrano and Clayton was significant for the 7th Circuit.

“You want to use the term brain drain: it’s true,” Foxman said. “These are your best trial judges that you could ever ask to serve the public.”

This article originally appeared on The Daytona Beach News-Journal: 7th Circuit Judge James Clayton to retire after 21 years