Candidate Profile: George “Steve” Kerestes

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What professional experiences have best prepared you for the bench?

First, being in the courtroom as much as I have over the past 20 years. Not only have I spent years of my work life in the courtroom, I have spent years of my work life in courtrooms throughout Central Florida. I have spent years in the courtroom as a prosecutor. I have spent years of my work career in the courtroom as a defense attorney. Those many years of courtroom experience are not limited to only appearing in the 9th Circuit. I have appeared in courtrooms throughout Central Florida and beyond. I have appeared in courtrooms as far south as the Keys and I have appeared in court in Jacksonville and most places in between. The Courtroom is a place where I feel comfortable because of the amount of time I have spent there. I have seen all manner of Judges operate on the bench. I have seen efficient judges and I have seen some less so. I have seen all manner of Judges behaving in all manner of ways over the past 20 years. I will bring the best of what I have experienced to the people of the 9th Circuit.

What role should personal values play in judicial decision-making?

I'll answer with the answer they taught us to use in law school, it depends. There are times when a judge has discretion within the applicable law and there are times when a Judge does not have discretion within the applicable law. Obviously, when a Judge does not have discretion under the applicable law, personal values should not play a role in judicial decision-making. However, there are times when a Judge has discretion under the applicable law. When a Judge has discretion, the Judge will exercise that discretion in some manner in order to make a ruling. Even in a situation where a Judge tells the parties the Judge is not exercising its discretion, that is still a decision by the human being wearing the robe. Anytime a Judge has discretion within the law, personal values are being exercised one way or the other.

How do you balance precedent with evolving societal standards?

Forgive me for giving an answer that sounds this way, but at the trial court level Judges don't have the ability to make the kind of changes Judges do at the appellate levels. Judges at the trial court level do not have the final say when it comes to matters of high interest to the public. Questions relating to precedent and whether precedent will stand or not  are not made at the trial court level, but by the appellate courts and of course the highest court. I am running for a position at the trial court level.

What steps do you take to avoid conflicts of interest?

Taking action early is something I do to avoid conflicts of interest. Taking action early and communicating with the appropriate party or parties. I find when I take action early and communicate effectively, conflicts of interests are resolved timely and fairly.  

What barriers to justice do you see in the current system, and how would you address them?

I'm going to say here again it depends. It depends on the particular area of law we are discussing. Right now in our criminal courts, we have an excellent local defense bar that includes the public defender's office headed by Melissa Vickers who all perform their role in a manner the community should be proud of. I presently work at the State Attorney's Office charged with prosecuting the vast majority of crimes in our community. When it comes to the State Attorney's Office, it is and will always be a collaborative effort dependent on the collaborative effort of not only the Assistant State Attorneys along with their investigators and legal team members, but also law enforcement, the employees of the Florida Department of Law Enforcement, and also the community at large. Justice in the criminal realm is a community wide endeavor; those community wide actions come from jurors, witnesses, victims, law enforcement, members of the media, expert witnesses, and legislatures, etc. To achieve justice in each and every case, requires all members of that group to act together cohesively towards the end of achieving justice.

On the civil side of the courts, we have local legal aid that performs with excellence representing those who are most vulnerable and without funds for attorney fees. Those with lower incomes usually qualify for legal assistance free of charge or at lower rates. The rich will always have access to the courts. One often hears of the middle class not being fully represented in the courts. The middle class are often left out, not only because of the monetary obstacles, but also due to the amount of time they believe will be required. Often, members of the middle class believe it just isn't worth the time and effort. Lastly, I will say there will always be budgetary battles that play a part in the court system and as a result access thereto.