Circuit Judge Catherine Combee faces challenger Greg Abaray in 10th Judicial race
Voters in three counties will be asked to either keep incumbent 10th Judicial Circuit Judge Catherine L. Combee or pick her challenger, attorney Gregory P. Abaray.
The judge position covers proceedings in Polk, Highlands and Hardee counties and they could be assigned to a circuit division located in any of the counties. A circuit court judge presides over cases under the general categories of family, civil, criminal, dependency, delinquency and probate.
Combee is currently assigned to Felony Division F5, presiding over felony criminal cases, according to Tracy Skeen, the community relations director for the circuit’s administration office in Bartow.
During Combee’s first two terms on the bench, she has been assigned by the chief judge to other circuit level divisions, including family and circuit civil divisions, Skeen said.
She has also been assigned to preside over a division in Highlands County, and she regularly covers cases in all three counties and across all divisions that fall under both county and circuit levels.
Even for a reelection campaign, judges are not permitted under Florida statute to make comments on the specific cases they were assigned, but below is a summary of Combee’s and Abaray’s responses to emailed questions.
Questions include their ideas on the best temperament for a judge, how a judge best conveys the legal process to litigants in a courtroom and ways technology has changed proceedings, among other topics.
Combee was elected in 2012 and took office on Jan. 8, 2013, succeeding retired Judge Ernest M. Jones Jr.
The circuit judge race (Group 27) is on the Aug. 20 ballot. It is a non-partisan race, so all voters will have this contest on their ballot. Circuit judge candidates qualify with the Florida Department of State, Division of Elections, and their campaign reports are there.
Catherine Combee
In response to the ideal judge’s temperament Combee cited the American Bar Association, which says, a judicial temperament means that a judge exhibits “compassion, decisiveness, open-mindedness, sensitivity, courtesy, patience, freedom from bias and commitment to equal justice.”
“I strive to exhibit these qualities,” Combee said.
Regarding best ways to convey the legal process, including prosecutors, defense attorneys, defendants, first time offenders and plaintiffs without acting as their advocate, she said: “A judge provides guidance as to Court protocols by providing information on her webpage and directing individuals to 10th Judicial Circuit Administrative Orders, Florida Supreme Court website for forms and information, the internet for Florida Statutes, and the 10th Judicial Circuit Pro Se Family Division.
“In large dockets, the Judge may explain the process at the beginning of the specific proceeding. Additionally, prior to Domestic Violence hearings the litigants watch a video in English and Spanish in Highlands and Polk. In Highlands, Defendants at First Appearance watch a video on the proceedings as well.”
Technology can change rapidly but often improve court proceedings, Combee said. Some potential changes are artificial information technology, virtual hearings and translation applications, to name a few.
In her time on the bench, technology has changed the ways in which judges oversee their courtrooms, she said.
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“COVID changed the 10th Judicial Circuit within hours of the Florida Supreme Court COVID-19 Procedures in the Florida State Courts dated March 13, 2020," she said.
Various agencies, including the State Attorney's Office, Public Defender's Office, the Clerk of Court and Polk County Sheriff with court administration, implemented virtual appearances through Microsoft Teams. That meant that litigants, including inmates and juveniles, had their cases addressed in court hearings virtually.
Additionally, procedures were outlined on the Tenth Judicial Circuit website for individuals to access court hearings virtually.
As the court continued to modify procedures based on Florida Supreme Court Orders, virtual appearances continued with civil divisions conducting hearings virtually, and most recently, criminal procedures were modified to allow non-evidentiary criminal hearings to be held virtually.
Also, virtual links permit witnesses, particularly expert witnesses, to appear virtually during jury trials. Court interpreters also appear virtually, which provides increased access to interpreters for those languages rarely encountered.
Whether people in court are indigent or non-English speakers, “There are protections in place for all litigants provided by the U.S. Constitution and Florida Statutes,” Combee said. “I follow the law for all litigants.”
There are several ways the 10th Judicial Circuit educates citizens who appear in courtrooms. “Every day is an opportunity for the Judge to educate the public on the legal system,” Combee said. “Each year at Law Day, children are provided various programs to educate them on a basic legal matter.
“Teenagers are educated and participate in teen court as attorneys and jury members in an effort to educate and to permit them to participate in the legal process,” she said. “Students from various schools are invited and attend as a class or individually to monitor court proceedings.
“Many adults who accompany the children remark regarding what they have learned of the judicial process.
“Law students from local colleges take classes, which permit assignment to a particular Judge for class credit and hands on experiences. Finally, a judge educates the public as they participate in the jury trial process and in speaking engagements.
Combee was also asked about recent changes in state statutes affecting courtrooms. The state of Florida no longer allows the lowering of bond during pretrial detention. The intent of the Legislation was to strengthen pretrial detention and set bonds in a uniform manner statewide.
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The Legislature also added stiffer penalties for child sexual abuse and lowered the threshold for a jury to recommend a death sentence.
In response, she said, “Circuit Court Judges are neutral and implement laws such as Florida Statute 907.041 and Fla. R. Crim. P. Rule 3.132, which provide a procedure for enumerated crimes for which the State may seek no bond.
“That statute was implemented in the 10th Judicial Circuit in a timely manner and procedures allowing for hearing times were readily established,” Combee said.
“As to sentencing, the Court follows the law, which includes mandatory sentences for particular crimes enumerated by statute unless there is a legal reason to downward depart.”
Combee, 70, was born and raised in Polk County. If reelected, it would be her third term. Combee completed her law degree at the Stetson University College of Law. She has been a lawyer since July 2001 and a judge since January 2013.
“I am hopeful that the voters will consider my experience and passion for the fair and equal administration of justice in casting their vote,” Combee said.
Gregory P. Abaray
Abaray said a good temperament for a judge “is established by keeping the litigating attorneys in a professional manner, from there you would give each party the opportunity to be heard, and by doing so, the lawyers set the tone for the courtroom.“
The job of a judge is “to be firm on the professionalism of the attorneys themselves,” he said. “Everything else takes care of itself from there.”
In terms of conveying the legal process, he said, “The judge does not convey the law necessarily. That is done by the legislature.”
Further, Abaray said, “My job would be to apply the correct law applicable to the facts before me.”
“Without sounding redundant, I would allow each side to propose what they believe to be the accurate law,” he said. “In my experience, people, including lawyers, just want to argue their position. From there, my job is to apply the correct law to the facts at hand.”
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Regarding technology, “In-person court is always the best way to handle matters,” Abaray said. “Face to face meetings/dealings have died a bit with COVID. That said, virtual courtrooms are fantastic for short, simple matters. It allows you to handle more cases in a shorter period of time.”
Abaray said he has experience protecting the administration of justice involving pro se litigation, indigent and non-English speaking defendants.
"Having assisted the indigent at legal aid and the Public Defender's Office, I know that the right to counsel is paramount for a fair proceeding,” he said. “I will make sure that counsel is appointed when appropriate, and ensure safeguards are in place to protect an ignorant pro se client so that their position is at least explained when counsel is not legally required.
“My experience has revealed that the courthouse law library is extremely helpful to educating pro se litigants,” he said, when asked about resources available in the 10th Judicial Circuit.
When asked about new laws of impact, Abaray said, “The law is the law. My job is not to create the laws but to enforce the ones that exist.”
When asked if any further information would help voters decide on a candidate for the judge position, he said, “I have sat back for a long time in my career and watched unqualified persons become judge either because they knew the governor for appointment, or knew the right people who were connected to win an election.
Abaray said “These judges are bad judges,” he said. “Too many times lawyers are afraid to run against sitting judges for fear of retribution. The time has changed to run against these judges."
Abaray, 53, of Lakeland is board certified in civil trial law. He completed his law degree at Nova Southeastern University in Fort Lauderdale and has been a lawyer since 1996.
As an undergraduate, he had studied in the Legal Studies program at the University of Central Florida. Also as a student, he worked for the Seminole County Legal Aid Society helping indigent people in the area of domestic violence, family law and landlord tenant law.
Abaray first gained experience at the Public Defender’s Office in Bartow, where he handled more than 50 trials. He has memberships in the American Association of Justice, Polk County Criminal Defense Lawyers Association and the Florida Justice Association.
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After leaving the Public Defender’s Office, he worked at a Polk County civil litigation firm learning the legal aspects of homeowners insurance law, commercial litigation and personal injury.
He is currently a partner at Allen & Abaray, handling the law firm’s civil litigation matters.
This article originally appeared on The Ledger: Circuit Judge Catherine Combee faces challenger Greg Abaray
