QIharIez ES- mf?famz
CHIEF JUDGE
TWELFTH JUDICIAL CIRCUIT OF FLORIDA

2002 RINGLING BLVD.
SARASOTA, FLORIDA 34237

TELEPHONE: (941) 861-7942
FACSIMILE: (941) 861-7913


September 12, 2018

To: Hon Ed Brodsky SAO
Hon. Larry Eger PD
Angel Colonesso Clerk of Court/Comptroller Manatee County

Re: Hon. Brian lten-Felony Criminal Division 3 Update and New Protocols

To alleviate any confusion regarding future possible Motions to Recuse based on the most recent 2nd
DCA ruling finding that Judge lten is eligible to be recused based upon the political endorsements he
received during his judicial campaign, the 12th Judicial Circuit has put in protocols for the procedure for
any recusals based on this opinion.

In a conversation held on September 11, 2018 with Public Defender Larry Eger, whose office represents
the vast majority of criminal defendants in Division 3, Mr. Eger indicated that there is no desire by his
office to issue a blanket recusal ofJudge lten based upon this opinion. As has been Mr. Eger?s policy
prior to this opinion, his attorneys shall only be seeking to see if there are individual objections to Judge
lten by their clients on a case by case basis.

We also recognize that the vast majority of private criminal defense attorneys, and The Office of
Regional Counsel, which represents indigent defendants who are not represented by the Public
Defender, have elected not to make such recusal motions on behalf of their clients.

That being said, it is understood that beginning January 2019, the Honorable Frederick Mercurio will
preside over Division 3 after Judge Iten?s judicial term ends. Any case going forward seeking a recusal of
Judge lten based upon the DCA opinion previously noted shall be assigned to Judge Mercurio.

Judge Mercurio shall offer hearing time for any cases that have been assigned to him under this protocol
if needed, prior to January 2019. If more immediate attention is needed on a particular Division 3
case and Judge Mercurio is unavailable, Judge Gilbert Smith shall make himself available for those
matters that cannot be heard by Judge Mercurio or cannot wait until January 8, 2019.

This method ensures uniformity in Division 3 and causes the least amount of court disruption or delay
for all those involved and assures defendants who elect to recuse Judge lten have an opportunity to
have access to the criminal division 3 judge whenever needed.

Since ly,



Charles E. Williams
ChiefJudge 12th Judicial Circuit