This is a non-partisan race so it will appear on all Primary ballots.
Each candidate was given the opportunity to provide a 200-word bio and respond to our questions within 700 words.
BEN BOYLSTON
BIO:
I have been a resident of our judicial circuit for over forty years, since I was two years old. I attended Lake County public schools, the University of Michigan, and earned my law degree from Florida State University. While still a law student, I prosecuted cases as a certified legal intern.
In 2005, I went to work for Graves and Spivey, PA practicing criminal law and later worked at Stone and Gerken, PA practicing civil law. I have been the owner of my own legal practice since 2013.
In addition to my practice, I am the special magistrate for the City of Tavares, presiding over hearings and adjudicating violations of the city code. I am a past president of the Lake County Bar Association, past chairman of a Florida Bar grievance committee, and a published law review author regarding Florida’s “Stand Your Ground” law.
I’m active in our community, having served on the boards of the Lake-Sumter State College Foundation and Boys and Girls Clubs of Lake and Sumter Counties. I am a 2015 Leadership Lake County graduate.
My wife Lindsey and I currently reside in Leesburg with our boys and our rescue English Bulldog.
Describe the life experiences that have prepared you for this position.
In my nearly twenty-year career as a lawyer, I’ve prosecuted criminal cases; I’ve represented criminal defendants as well as crime victims; I’ve helped local governments; I’ve drafted contracts and filed lawsuits. I even serve part-time right now as a code enforcement special magistrate for the City of Tavares, presiding over hearings and deciding cases. It might not shock you to learn that disputes between neighbors about the condition of the property next door can get pretty heated. But it’s my job to keep things calm, hear both sides, and make people feel they got a fair day in court even if I ruled against them. And importantly, I’m the small business owner of my own law firm. That means I know judges have to be efficient, because it’s true that time is money. I’ve signed the front of paychecks, not just the back, and I’ve managed employees. I’ve lost sleep worrying about budgets and overhead. I pay business taxes each month. Not every public servant has that background, but I think we’d be a lot better off if more of them did.
Can you provide an example of a complex legal issue you’ve faced and how you approached its resolution?
I’ve handled a number of cases relating to Florida’s “Stand Your Ground” law, and each of them was immensely complex from a legal and factual standpoint. The key was to break down each element of the story one by one and ask, “at this point, what was each party thinking? What did they think was reasonable, and what was actually reasonable? What were their respective legal rights and obligations?” I then needed to research the law step-by-step based on the answers to these questions. These cases present a kind of challenging (and interesting!) legal jigsaw puzzle.
Do you think it’s important for judges to engage with the local community and legal professionals to foster an understanding of judicial processes and decisions?
I absolutely think it’s important. Although it’s not in the written job description, judges are natural ambassadors of the judicial system. People look to them to help understand that system, which can be very difficult for laypeople. Judges can and should help de-mystify things, both formally (such as giving speeches and presentations to local civic groups) and informally (by perhaps simply having conversations with friends and neighbors). In my view, a good judge embraces this role of representative and educator.
Who is your favorite fictional lawyer and why?
To be clear, I’m NOT answering this question as “who is the best fictional lawyer role model”, because he isn’t that at all; he’s a criminal who happens to have a law degree. With that said, Tom Hagen from “The Godfather” movies is my favorite fictional lawyer character. Robert Duvall brings the man to life – brilliant, shrewd, and completely loyal. His place within the Corleone organization has always fascinated me, as he’s essentially a Corleone family member who will always be an outsider to some extent because he isn’t Italian.
What is your favorite legal-related television or movie and why?
The movie “My Cousin Vinny” is not only incredibly funny – by Hollywood standards it’s surprisingly insightful about trial procedure and strategy. Marisa Tomei gave an unforgettable performance that absolutely stole the show. It’s not just a great law movie; it’s a great movie, period.
BARBARA KISSNER KWATKOSKY
BIO:
I am a native Floridian who graduated from FSU and the UF Levin College of Law. I have practiced civil, criminal and family law. In 2006, I was appointed to hear cases in all five counties of the Fifth Circuit. In 2016, I was appointed General Magistrate. I am on the faculty of the Florida Judicial College, a special training required for all newly elected or appointed Judges and General Magistrates. In 2023, I received the Faculty Leadership Award at Florida Judicial College.
I have been married 28 years and have three children, including a son who graduated from the US Naval Academy and is now a Marine. I am a member of the Florida Bar, Marion County Bar, and the 5th Circuit Professionalism Committee. I live in Marion County where this position (Group 20) is located. I am active in my church as a lector and taught Sunday school for 10 years. I volunteer as a Scout leader at the local and regional levels and have coached youth sports.
My experience has taught me that serving the people of the Fifth Circuit is a great privilege. I am running to ensure the quality of the judiciary.
Describe the life experiences that have prepared you for this position.
I have been an attorney for 30 years and have practiced civil, criminal and family law. I have extensive experience hearing and deciding cases in a courtroom as a Hearing Officer and General Magistrate. A General Magistrate’s daily job is similar to that of a judge: Cases were referred to me. I reviewed and researched the issues, scheduled a hearing, decided the issues and wrote the orders. I have heard and decided over 70,000 matters, each time applying the law to the facts presented. I am also on the faculty of the Florida Judicial College, a special training required for all newly elected or appointed Judges and General Magistrates. In 2023, I received the Florida
Judicial College Faculty Leadership Award. I also have experience managing specialty courts. I restarted Early Childhood Court (ECC) in Marion in 2017 and started ECC in Sumter County.
ECC is a specialty court for babies in the 0-3 age range in dependency court with extra monitoring to ensure healthy development. I supervised Dependency Drug Court in Marion County. All of these experiences have prepared me for this judicial position.
Can you provide an example of a complex legal issue you’ve faced and how you approached its resolution?
I was referred a dependency case where two young children were removed from their mother’s care and placed with paternal relatives in another state. The father left Florida to be near his children and rebuild his relationship. He completed all required tasks. The other state would not approve his home study without extended residency in that state but the father’s job required him to return to Florida. The father requested custody of his children and their immediate return to Florida. The issue was whether the children could be safely returned to Florida and their father.
The decision included complex consideration of interstate laws and policies, the goal of reunification, maintaining the family unit, and the logistical complications of suggested plans. I scheduled the issue for an evidentiary hearing to obtain testimony from all relevant entities and people. I heard testimony from case workers in both states, local service providers, school officials, therapists, persons helping with the safety plan, the father’s employer, and the relative caregivers of the children. After hearing the testimony and applying the law and statutory factors,
I found that it was in the children’s best interest to return to Florida and to be placed with their father.
Do you think it’s important for judges to engage with the local community and legal professionals to foster an understanding of judicial processes and decisions?
Yes! In fact, Canon 4 of the Code of Judicial Conduct encourages judges to engage in activities in the community related to the law, the legal system, the administration of justice, and the role of the judiciary. As a quasi-judicial officer, I have been involved in local Bar Associations,
American Inns of Court, and the Fifth Circuit Professionalism Committee. I have also given presentations at local civic groups, such as the Lions Club, regarding the court system. I have served as a merit badge counselor and government official for Scouting requirements.
Who is your favorite fictional lawyer and why?
Matlock. Matlock was an honest and hardworking attorney. He did independent investigation, searching for clues and visiting scenes, which is often needed to effectively represent clients. He was also successful and had endearing southern charm!
What is your favorite legal-related television or movie and why?
A Few Good Men. Years ago, I liked this movie for the dramatic courtroom scenes and because I found the military courts interesting. Once my son graduated from the US Naval Academy and commissioned as an officer in the United States Marine Corps, I watched the movie from a different perspective. I saw my son’s real-life determination portrayed in the Marines in the movie. I understood that when my son uses words like “honor, code, and loyalty”, it is because those traits are at the core of his being, and part of all those who serve our country. I now appreciate more the line from the movie that my son and other Marines have a ‘greater responsibility than we could possibly fathom.” I am proud that my son is a Marine and serving our great country.
