Completed questionnaire for Jean Marie Middleton, candidate for Palm Beach County Court Judge Group 2.
Name: Jean Marie Middleton
Date and place of birth: 10/21/1960, San Pedro, California
Office sought: Palm Beach County Court Judge, Group 2
Campaign website: jeanmarieforjudge.com
List in reverse chronological order each college, university and law school and indicate years of attendance.
• Howard University Law School, Juris Doctor, 1983-1986
• Howard University, Bachelor of Arts, Political Science, 1979-1983
List in reverse chronological order your work history for the past 15 years.
• Assistant General Counsel, School District of Palm Beach County, 2013-Present
• Staff/Supervising Attorney, Legal Aid Society of Palm Beach County, Inc., 2011-2013
• Assistant City Attorney, City of Lake Worth, FL, 2009-2011
As a lawyer, judge, or both, describe what types of cases you have typically handled?
As a lawyer I have handled cases in the following areas: employment & labor, workers’ compensation, contracts, personal injury, land use, municipal criminal violations, bankruptcy, civil rights, constitutional, corporate, education, family, immigration, intellectual property, and landlord tenant and administrative law.
I serve in a quasi-judicial capacity as a youth court/teen court judge. The types of cases I hear are criminal misdemeanor matters committed by 1st time juvenile offenders.
I have also served as a Florida Supreme Court Certified Circuit Civil Mediator since 2009.
If you are an attorney, how many cases have you tried in the past five years? Of those cases, how many were tried before juries to verdicts and how many were tried before a judge?
In the past five years, I have tried 45 cases.
2 Jury Trials
28 Trials before a judge
15 cases before arbitrators
If you are a judge, how many jury trials have you presided over that resulted in verdicts and judgments?
In my capacity as a quasi-judicial youth court judge, I have presided over approximately 50 juvenile sentencing trials in the past 5 years.
Have you been a party to a lawsuit, including bankruptcy or foreclosure? If so, provide details, including case style, jurisdiction and details of disposition.
(1) 1992 – As President of the Board of Directors for The Gingerbread House Day Care Center (Fort Wayne, IN), I was a named defendant, along with the corporation, in a suit by a former employee who was terminated. The cause of action was wrongful termination. The case was dismissed for lack of prosecution. I do not remember the plaintiff’s name or the case number. The owner of the day care center is deceased.
(2) 1994 – Rental property I owned in Ft. Wayne, IN was managed by a real estate broker when I relocated to Miami, Florida. The property was foreclosed upon without my knowledge. The full value of the property was subsequently received at a sheriff’s sale, and I did not owe any money on the property. After a diligent search, I do not have the case name or number.
(3) 2001 – I was the plaintiff against Winn Dixie when I slipped and fell in one of their stores, which resulted in me having three surgeries, including a thumb joint replacement. The case settled prior to trial. Case style: Jean Marie Nelson v. Winn Dixie stores, inc. CA-014575AO.
(4) 2007 – I was a named defendant in a lawsuit by a former employee of the Palm Beach County School District. The employee sued the school board, the superintendent, several principals, another board attorney, and me. With regard to the count against me, he alleged that as the attorney representing the board, I violated his constitutional rights when I failed to advise the court that one of the other named individual defendants no longer worked for the school board. I, along with the other individual defendants, with the exception of the superintendent, were successfully dropped from the case. Sherrod v. School Board of Palm Beach County, et.al. Case No.: 07-80217 civ. I was represented by the Palm Beach County School Board Attorney’s Office.
(5) 2018 – I brought an auto negligence suit against Mr. Ted Brown and his company as a result of a rear end collision. I was stopped at a red light when Mr. brown rear ended me while driving his work truck. The case settled. Jean Marie Middleton v. Ted Brown Real Estate Inc., and Francis Brown III. CASE NO. 502018CA0125000XXXXMB AN (6) 2023 – My husband and I were defendants to a quit title lawsuit regarding a parcel of land we purchased that was subsequently the subject of a tax deed sale for delinquencies that were not disclosed upon our purchase. We subsequently agreed to a consent judgment. Zuvieta, Eleades v. Middleton, Ellis, Middleton Jean Marie et al. CASE NO. 50-2023-CA-001310-XXXX-MB.
Have you been charged or convicted of a felony or misdemeanor, including adjudications of guilt withheld? If so, provide charges, dates of conviction and terms of sentence.
NO.
Have you ever been disciplined by the Florida Supreme Court as a result of a recommendation by the Florida Bar? If so, provide details.
NO.
List three cases in which you were lead or co-counsel and why they are significant.
(1) PALM BEACH COUNTY SCHOOL BOARD V. WRIGHT 217 SO.3D 163 (FLA. 4TH DCA 2017) MAY, J (EN BANC) I represented the Palm Beach County School Board as lead counsel and drafted/authored the appellate brief in this case. In this case the plaintiff sued the school board for discrimination based on national origin, harassment, whistleblower and retaliation.
This was a significant case because Florida does not have a pattern jury instruction for a state employment retaliation claim and there was no state case law on this issue. However, Florida’s anti-discrimination statute is patterned almost verbatim after the federal Title VII anti-discrimination statute. The district proposed that the court use the federal pattern jury instruction for retaliation.
The trial judge accepted the plaintiff’s recommended jury instruction for a state whistleblower prima facie claim, coupled with a federal pattern jury instruction for a federal 1981 claim. The district received a directed verdict on the harassment and whistleblower claims and a jury verdict as to the national origin claim. The jury returned a verdict in favor of the plaintiff only as to the retaliation claim. My client appealed the jury verdict on the grounds that the court issued a jury instruction that confused and misled the jury. The 4th DCA and the Florida Supreme Court agreed and granted my client a new trial with instructions to use the federal pattern jury instruction as we initially proposed. The appellate court also granted our motion for appellate attorney fees. This is also a significant case because this case is now the law in the State of Florida regarding jury instructions for an employment retaliation claim.
(2) 4400 PORTOFINA WAY APARTMENTS INVESTORS, LLC D/B/A PORTOFINA AT LAKES OF LAGUNA V. GROSSO- MACE, ET.AL. 2012CC004207XXXX MB RF I was sole counsel. I represented a family with a severely disabled daughter who required 24-hour oxygen and nursing care. This family was being evicted due to having exhausted all of their financial resources on their daughter’s health care. We were able to negotiate with the property owners to allow the clients more time in the apartment until they were able to secure other housing. This case was significant because a child’s very life would have been threatened if the eviction was carried out.
(3) IN RE: RONALD & DONALD (COUNTY COURT, FT. WAYNE, IN) 1989 I served as guardian ad litem for the two minors. In my early years as a lawyer in Ft. Wayne, Indiana, I served as volunteer guardian ad litem. I had the privilege of representing 17-year-old twin brothers who were intellectually disabled. The brothers had been victims of parental abuse and were attempting to become emancipated so that they would not have to live with their parents or be placed in foster homes. Their petition for emancipation was successful and they were both able to get jobs and live independently in a group home. This was a significant case because I was able to assist two young men navigate through the legal system while allowing them to build their self-esteem and faith in people. This was also a significant case because it inspired me to become a foster parent and ultimately adopt my daughter, even though I was a single woman.
If you have provided any significant pro bono legal services in the past 10 years, please provide details.
(1) CEPHUS B. JONES V. ACOSTA CONSTRUCTION CO. 502008SC0009889XXXXNBI I served as sole counsel for the defendant. In January 2010, I provided pro bono representation to a small business owner, Mr. Acosta, in small claims court. As a small business owner and speaker of limited English, Mr. Acosta was not familiar with the legal system. Due to the economic downturn in the construction industry, Mr. Acosta could not afford legal counsel. I attended the pre-trial hearing with Mr. Acosta and a favorable settlement was reached. This case was especially significant to me because, what seemed to me to be a very simple matter to resolve, resulted in Mr. Acosta’s tears and repeated words of gratitude of how it meant the world to him, his family and his business to get the matter resolved in a manner that allowed him to save his business.
(2) I have provided Pro Bono services for the Redemptive Life Fellowship Church in the areas of contract, education and land use matters.
(3) I have provided Pro Bono services for DeltaCare, Inc. non-profit organization in the areas of securing their 501(c)(3) status and contract issues.
List current and former memberships in civic, fraternal, legal or social organizations.
Florida Bar, Member, 1998- Present
• Education Law Committee, Member 2002 – Present
• Employment & Labor Section, Member 2003 – Present
• Bar Leadership Liaison Committee, Member 2020 – Present
• 15th Judicial Circuit Grievance Committee, Member 2021 – 2022; Vice-Chair 2023 – 2024
• Professional Ethics Committee, Chair 2018 – 2019; Member 2014 – 2019
• Diversity Grant Review Subcommittee, Member 2016 – 2017
• Diversity & Inclusion Committee, Member 2014 – 2017
• Judicial Nominations Procedures Committee, Member 2010 – 2014
• Judicial Application Revision Subcommittee, Member 2008 – 2009
Palm Beach County Bar Association, 2002 – Present
• Board of Directors, Member 2018 – Currently President Elect
• Judicial Relations Committee, Co-Chair 2021 – 2022, 2023-2024
• Judicial Relations Committee, Member 2018 – Present
• Committee for Diversity & Inclusion, Chair/Co-Chair/Mbr. 2016 –Present
• Bench Bar Law Student Committee, Chair 2017 – Present
• Diversity Internship Program, Co-Chair 2017 – 2019
F. Malcolm Cunningham Sr. Bar Association, Member 2003 – Present
• Holland Luncheon Scholarship Committee, Co-Chair 2015 – 2016; Member 2010 – Present
• Social Justice Committee, Member 2020 – Present
• President, 2013 – 2014; Pres. Elect 2012 – 2013
Craig S. Barnard American Inn of Courts, 2015 – Present; Board of Trustees
• Membership Committee, Member 2018 – 2020
• Mentorship, Volunteer 2014 – 2020
• Volunteer Judge- NSU Moot Court & Oral Arguments 2016 – 2019
Florida Association of Women Lawyers, Member 2005 – Present
Palm Beach County Sheree Davis Cunningham Black Women Lawyer Association, 2022 – Present
Mentoring Co-Chair 2023 – Present; Member 2021 – 2022
Gwen S. Cherry Black Women Lawyers Association, Member 2008 – 2010
Indiana Bar, Member 1986-2023
National Bar Association, Member 1987-1989
American Bar Association, Member 1986-1988
Ft. Wayne, IN Bar Association, Member 1986-1992
• Pro Bono Panel, Member 1986 – 1992
• Guardian Ad Litem, Member 1987 – 1988
Boys Town of South Florida, Board Member 2024-Present
His Daily Bread Food Pantry Monthly Food Distribution, 2003 – Present
Delta Sigma Theta Sorority, Inc., 1999- Present
• Palm Beach County Alumnae Chapter, 2019 – Present
• Delta Sigma Theta Sorority, Inc. – Dade County Alumnae Chapter, 1998 – 2005; Legal Advisor, 2002 – 2004; DeltaCare, Inc. – Legal Advisor, 2002 – 2005
Women’s Foundation of Palm Beach County: 2018 – Present
• Women on the Move, Member 2018
• Florida Women on the Run Spring Cohort, Certificate of Completion, 2021; 2023 – 2024
Boys & Girls Club of Riviera Beach, Co-Secretary 2010 – 2018
Women of Tomorrow, Mentor 2014 – 2019
ChildNet – Care for Kids Annual Fundraising Luncheon Committee Member, 2014 – 2019
Redemptive Life Urban Initiatives Corporation, 2004 – 2018
Board Member Redemptive Life Academy, 2004 – 2012
Catholic Charities of Greater Miami – Children’s Programs – Committee Member, 1999 – 2002
Federalist Society Member, 2019 –Present
Palm Beach County Chapter American Red Cross, Speakers Bureau 2004
Whole Word Christian Academy, Board Member & Legal Advisor 1999 – 2002
Ft. Wayne IN Chapter YMCA Coalition for Youth Services, 1988 – 1989
Minority Literature Project, Ft. Wayne, IN, Volunteer Instructor 1990 – 1991
Ft. Wayne, IN Chapter American Cancer Society, Member Nominating Committee 1990 – 1991
Ft. Wayne, IN Urban League Board Member, 1986 – 1992
Ft. Wayne, IN NAACP, Board Member 1989 – 1991
Pontiac Street Youth Center, Treasurer 1989 – 1991
Gingerbread House Day Care Center – President; Board of Directors 1988 – 1991
Big Brothers/Big Sisters, Ft. Wayne, IN, 1986 – 1992; Big Sister of the Year 1991
If you are or were an officer or director or engaged in management of any business enterprise other than a law practice, list its name and business activity, your duties and whether you intend to resign upon your election.
Jean Marie Middleton, PA – I was a sole proprietor providing business development and contract matters. The company has been dissolved.
Why are you running for this office?
I am running to be a county court judge to bring my 38 years of trial experience, temperament and knowledge of procedure and rules of evidence to the citizens of Palm Beach County in a manner that will allow the litigants and attorneys who appear before me to be treated with dignity, respect and a feeling that they have been heard.
If you have chosen to run for judicial office against an incumbent, specify why you have done so.
I am not running against an incumbent.
If you have sought appointment as a judge through a Judicial Nominating Commission, provide details, including year(s) and results.
I have applied for appointment to the following Judicial offices:
2004 – 15th Judicial Circuit Court
2005 – 15th Judicial Circuit Court My Name was certified to the Governor.
2007 – United States Magistrate Judge – Southern District Court
2007 – United States Bankruptcy Judge – Eleventh Circuit Court
2008 – 15th Judicial Circuit Court
2009 – 15th Judicial County Court
2010 – 15th Judicial County Court 2011 – U.S. Middle District of Florida (Magistrate) Court
2011 – 15th Judicial Circuit & County Courts My Name was certified to the Governor.
2012 – U.S. Southern District of Florida (Magistrate)
2012 – 15th Judicial Circuit & County Courts
2014 – 15th Judicial Circuit Court
2015- 15th Judicial Circuit Court
2016-15th Judicial Circuit & County Courts
2016-4th District Court of Appeals
2016-15th Judicial County Court
2017-15th Judicial Circuit Court My name was certified to the Governor.
2018-15th Judicial County Court
2019-15th Judicial Circuit & County Courts My name was certified to the Governor.
2020- 15th Judicial Circuit & County Courts
2021- 15th Judicial Circuit & County Courts
2021- 15th Judicial County Court
2021- U.S. Southern District of Florida Magistrate Judge I made the list of applicants to be interviewed
2022- 15th Judicial Circuit County Court
2023- 15th Judicial Circuit County Court
Why should voters elect you instead of your opponent(s)?
I have 38 years of trial experience within a plethora of legal areas at all levels of the state courts in Florida and in federal court.
I have successfully drafted proposed orders in complex civil cases that have been adopted by state court judges and upheld by the appellate courts in the 3rd and 4th District Courts of Appeal in Florida and the Federal 11th Circuit Court of Appeals. I have also drafted pleadings for the Federal 11th Circuit Court of Appeals and two jurisdiction briefs for the Florida Supreme Court. I have a demonstrated knowledge of the rules of procedure and evidence. My opponents do not possess the breadth and depth of knowledge I have amassed through my various positions as in-house counsel for two Fortune 500 corporations (Lincoln Life Insurance Company and American Bankers Insurance Company), three municipalities (City of Ft. Wayne, IN; City of Miami-Dade, FL and the City of Lake Worth, FL); two school boards (Palm Beach County – 7th largest in the
nation- and Miami-Dade – 4th largest in the nation) and as an associate attorney in private practice.
Not only do I possess superior legal qualifications, but I also have a demonstrated commitment to serving the citizens of Palm Beach County by way of my public service on the Palm Beach County Bar Association Board of Directors (Current President Elect) and my 22 years serving at His Daily Bread Food Pantry, to name a few. Lastly, being a judge is a desire I have had and pursued in Palm Beach County for over 20 years. I am running at this time because it is an open seat and has proven to be the best time for me and my family to undertake such a huge commitment.
Additionally, I have been vetted by the local 15th judicial nominating commission as well as the Federal Judicial Nominating Commission for the Southern District of Florida as having the qualification to be a judge.
What in your life experience best qualifies you to serve as a judge?
As a “Navy Brat” I have lived and traveled throughout the world and have learned how to interact with people of all stations of life and cultures. Serving at His Daily Bread Food Pantry has allowed me to serve people at their greatest point of need. Oftentimes when people come to county court they are unrepresented, unfamiliar with the legal system and do not speak the language. I have the proven temperament, patience and understanding to serve the parties who appear in “the people’s court”.
What are three major challenges facing the justice system in Broward County, Florida or the U.S.?
1. Judges who have been appointed who barely have the minimum number of years practicing law, but who do not have the knowledge, wisdom or judicial temperament to effectively serve as a judge.
2. The lack of funding for a sufficient number of judges to handle the number of cases being filed.
3. Dire prison conditions.
