AuBroncee Martin

What, if anything, should be done to ensure our immigrant and refugee neighbors have adequate access to legal information and representation?

The true solution to the above reference dilemma will come from effective policy directives and the provision of adequate funding to ensure those mandates are sufficiently implemented. However, unlike the Executive or Legislative branches of government, the Judiciary is not a policy making institution. Judges are not empowered to initiate policy changes. Judges only have the authority to adjudicate a matter that is specifically brought before them. But judges are “encouraged to participate in activities designed to improve the law, the legal system, and the administration of justice”. Therefore, I believe that an essential part of a judge’s responsibilities is to actively strive to educate the public on all matters that could enhance their participation in the justice system. This is particularly necessary for those members of the public who belong to marginalized communities who often do not have the economic resources or other institutional advantages that would otherwise ease their journey through the justice system.

How will you ensure speakers of different languages who enter the court (witnesses, victims, defendants, etc.) are provided professional interpretation in their primary language?

I will ensure equal access to the courts for both English speakers, non-English speakers as well as Deaf individuals by following the law. Court language interpretation is clearly “necessary to protect the due process rights of all those involved in court proceeding,”. Pursuant to the Fifth Amendment to the U.S. constitution, Article 1, section 21 of the Florida Constitution and Florida Rule of Judicial Administration 2.560. Judges are required to provide a language interpreter in all criminal cases, juvenile proceedings or any other court matter where a “fundamental interest is at stake such as in a civil commitment, termination of parental rights, paternity, or dependency proceeding,”. Moreover, as a judge it would be my goal to create a court room culture that respects this principle as a matter of course.

Understanding you cannot give your opinion, what is your interpretation of the recent Florida Bill SB1808 and how it might affect your work in the courtroom?

From a plain reading, the statute mandates the criminal justice data previously required by law to be collected and reported by the clerk of the court, county detention facilities, and the Department of Corrections now include immigration status information. Additionally, the law also proscribes local government’s ability to enact laws or promulgate rules that prohibit law enforcement agencies under their control from assisting the United States Immigration and Customs Enforcement Agency with immigration enforcement. As to how this law might impact the work of the Circuit Court, it would not be appropriate for me to speculate since the Federal Courts have exclusive jurisdiction over immigration matters and the statute does not appear to impose any additional obligation on the Courts.

Are you familiar with the Human Rights Coalition’s Community ID? Knowing this document serves as valid photo identification and proof of residence when cardholders interact with city and county offices and local law enforcement, how would you respond to someone using it in court.

I was not familiar with the “Human Rights Coalition’s Community Id”, but it only took a little internet research to become informed on the program. I acknowledge that the “Community ID” serves a valid and noteworthy purpose. However, my reaction would depend upon the context of the situation and the purpose for which the “Id” was being offered. The rules of procedure and evidence are put in place to insure the orderly and fair administration of justice. The “Community Id “may be completely appropriate for one purpose and completely insufficient for another depending on the facts of the case. Accordingly, it would not be proper for me to speculate on how I would react in a vacuum

How familiar are you with how immigration law intersects with criminal and civil law? Please explain.

I’m most familiar with how immigration law intersects with the criminal law. Through my work as an assistant public defender, I have represented several non-citizens who were accused of serious felonies. For years the impact that a criminal conviction had on a non-citizens immigration status were considered a collateral consequence (separate from the criminal process) and therefore there was no duty on behalf of defense counsel or the courts to consider the ramifications of a criminal conviction on a person’s immigration status. However, a significant shift in this attitude occurred as a result of the United States Supreme Court decision in Padilla v. Kentucky. The Supreme court held that because the impact of criminal convictions on non-citizen defendants’ immigration status were so dire and enduring on not only the defendant but their families as well, the criminal conviction and the immigration consequences were inextricably intertwined. Accordingly, the Supreme court established, a duty to provide accurate advice on the immigration outcomes of a criminal conviction. This substantially raised the bar in terms of what was expected from a criminal law practitioner, in that,now they must familiarize themselves with the basics of immigrations law, correctly advise their client on the potential impact that a criminal conviction will have on their immigration status , and then seek to mitigate the adverse immigration consequences.