Name: Emilio “Emi” Benitez
Date and place of birth: Birth date: July 14, 1958
Place of Birth: Havana, Cuba
Office sought: Broward County Judge, Group 32
Campaign website: N/A
List in reverse chronological order each college, university and law school and indicate years of attendance.
Tulane University (Undergraduate): 1976 – 1980
University of Florida (Law school): 1980 – 1983
Escuela Libre de Derecho (Law school) – 1982
Harvard University (Business school) – 2011
List in reverse chronological order your work history for the past 15 years.
Law Office of Emilio Benitez, (2018 – present);
TechCareForKids, Inc., (2011 – 2017);
Broward Cares For Kids, Inc., (2007 – 2017);
ChildNet, Inc., (2007 – 2017).
As a lawyer, judge, or both, describe what types of cases you have typically handled?
Prior to becoming CEO of ChildNet, Inc., my law practice consisted mostly of handling criminal defense cases with an emphasis on juvenile delinquency.
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 last five years all my cases have been disposed of by negotiated plea. Moreover, my practice has consisted of mainly serving as an expert witness on child welfare litigation matters.
If you are a judge, how many jury trials have you presided over that resulted in verdicts and judgments?
N/A
Have you been a party to a lawsuit, including bankruptcy or foreclosure? If so, provide details, including case style, jurisdiction and details of disposition.
Chase Manhattan Bank, USA, N.A. v. Emilio Benitez
Case No.: 02-03992 (70)
Collection Action
Defendant
Dismissed.
Emilio Benitez v. State Farm Mutual Automobile Insurance Company
Case No: 00-21986 COCE (54)
No-Fault Benefits Action
Plaintiff
Settled.
Emilio Benitez v. Richard Neross
Case No: 00-11078 CACE 04
Automobile Negligence Action
Plaintiff
Settled.
Emilio Benitez v. Land Development of Miami Corporation, Inc.
Case No: 93-1909 CONO
Contract Indebtedness Action
Plaintiff
Settled.
The Bank of New York v. Scott Rivelli, et. al.,
Case No: CACE10038624
Mortgage Foreclosure
Defendant
Settled
Deutsche Bank National Trust Co., v. Scott Rivelli, et. al.
Case No: CACE10038799
Mortgage Foreclosure
Defendant
Settled
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.
United States of America v. Lydia Lopez
Case No. 94-4203
AUSA: Michelle Crawford
Counsel for Co-Claimant: Jose Martinez (now a Federal District Judge for the Southern District of Florida)
District Judge: Honorable Sidney M. Aronovitz
This case involved the Government’s filing of a Complaint for Forfeiture In Rem against a single family residence owned by Lydia Lopez and her husband, Alfred Lopez as tenants by the entireties. The basis of the Government’s complaint was that the property in question was used to facilitate drug transactions that Mr. Lopez was alleged to have orchestrated.
Mrs. Lopez filed a claim on the grounds that she was an innocent owner and raised the affirmative defense of the statute of limitations. At trial the Court refused to acknowledge the testimony of the Government’s confidential informant that established that transactions, if any, fell outside the statute of limitations. I appealed the case, however, to the Eleventh Circuit Court of Appeals who reversed the lower Court’s judgement.
The case is significant to me because it demonstrates the power of the Government which still impacts many innocent owner litigants. In a ruling just this week, the US Supreme Court decided Culley v. Marshall, a case challenging the constitutionality of civil forfeiture laws that deny or obstructs the timely resolution of an innocent owner’s property rights. Although, the majority of the Court ruled against the petitioners, Justice Gorsuch wrote in a concurring opinion that Courts should “begin the task of assessing how well the profound changes in civil forfeiture practices…that comport with the Constitution’s enduring guarantee that ‘[n]o person shall…be deprived of life, liberty, or property, without due process of law.’”
Indeed, although Mrs. Lopez ultimately won the case, against all odds, she nevertheless lost everything during the nearly ten years that this case took to come to fruition and finally afford Mrs. Lopez due process of law.
State of Florida v. Albert Seabrook
Case No. 86-13164 CF 10
Prosecutor: Mark Berman
Judge: Honorable Mel Grossman
Date tried: April 1988
In this case, my client was a 72-year-old man accused of murdering a 22-year-old grocery clerk over $20. According to the evidence, my client had cashed his Social Security check at a local grocery store. The grocery clerk assisted Mr. Seabrook with his groceries by accompanying my client to his home. A neighborhood prostitute and crack cocaine addict, knowing that Mr. Seabrook had received his monthly income, went to his apartment and took $20 sitting on the kitchen table. When Mr. Seabrook discovered that some of his money was missing, he became angry. The prostitute told him that she had seen the grocery clerk take the money. In an angry, drunken stupor, my client returned to the store, confronted the young clerk, and stabbed him in the heart.
The crime was witnessed by four people, including the victim’s cousin, who was also the proprietor of the store. The only witness listed on the State’s witness list was the victim’s cousin. The other three witnesses were never listed on the State’s witness list or mentioned in the police reports. The names of the three witnesses were revealed at depositions, but no representative from the State was present to note the importance of the testimony.
At trial, the jury concluded that the State failed to prove its case because it did not offer the testimony of the three unbiased witnesses to corroborate the testimony of the victim’s cousin. At the conclusion of the trial, Judge Grossman was furious at the verdict and vented some of that anger at me. Once in chambers, I pulled out the White Pages (yes, I’m old), and showed the judge the telephone numbers of the three missing witnesses.
The significance of this case is the senseless tragedy of the young man’s death, as well as the fact that my client was acquitted for an inexcusable lack of investigation by the police and the State. As a defense attorney, I had the duty to represent my client zealously and not to do the prosecution’s work.
Although I was proud of my representation, I was left with a deep void. A feeling that justice was not done. Several months later, I learned that Mr. Seabrook was diagnosed with end stage prostate cancer. I asked Mr. Seabrook for his permission to discuss the case, and his prognosis with the victim’s family. He agreed, but only after his passing. After Mr. Seabrook succumbed to his prostate cancer, I reached out to the victim’s family, who agreed to meet with me. I told them what had happened during the trial, that the prosecutor didn’t call essential witnesses to testify, and indeed, the Fort Lauderdale Police did not do their job thoroughly. Sadly, I was the only one to explain to the victim’s family what had happened. The victim’s family was very gracious and thanked me for explaining the trial and the outcome. Interestingly, they forgave Mr. Seabrook, and remarked…”man’s justice didn’t prevail, but God’s Justice did prevail.”
State of Florida v. Herman Gonzalez
Case No. 87-3261 CF 10
Prosecutor: Robert Mobley
Judge: Honorable Mel Grossman
Date tried: May 1989
This case also involved trafficking in cocaine. My client was accused of having set up a narcotics sale to undercover detectives. The defense, in this case, was that my client was illegally entrapped to commit the crime by a Confidential Informant (CI) who was working with the detectives.
As it turned out, the CI had been a drug trafficker who, in exchange for a probationary sentence in his case, provided information to the police regarding persons currently engaged in narcotics trafficking. After complying with the terms of his sentence, the CI continued to provide information to various police agencies in return for money or a percentage of the proceeds confiscated. In one year, the CI had made more than $80,000 from narcotics deals. What the police agencies did not realize was that the CI was setting up people with no prior involvement and, on many occasions, providing the narcotics himself. In this case, my client was flown in by the CI from Las Vegas, Nevada, put up in a hotel by the CI, given a rental car by the CI, and provided with the cocaine by the CI. At trial, the jury acquitted my client after considering the facts outrageous.
The significance of this case is that we seem to have enough crime in this country without our police agencies engaging known criminals to create more crime. Unfortunately, it demonstrates the serious need for reform of our criminal justice system.
Case No: unknown
Prosecutors: unknown
Judges: unknown
Dates tried: 1984
I add this additional case because of its fundamental impact on my career and my view of the justice system.
When I was a staff attorney with the Legal Services of Greater Miami, there was one case that had a significant impact on my view of the law…or more accurately, how difficult it is to, at times, achieve justice. Unfortunately, I do not remember the style of the case, and I contacted Legal Services of Greater Miami to get the case, but since the case is 40 years old and occurred before it was the norm to digitize closed cases, the case file is no longer available. Consequently, I cannot provide the case name, or case number, but I can recount the facts, the outcome, and more importantly, its significance in formulating the path of my career.
The case involved a Social Security disability claim, which is an administrative proceeding. My client was a divorced, black woman with three grown children. She had been suffering from sickle cell anemia for about 20 years and had been receiving disability benefits since her illness prevented her from working. The changes to the Social Security system in the early to mid-eighties, however, severely reduced her benefits because the government argued that the cyclical nature of her illness could, in fact, allow her to work temporarily.
Since Miami was the location of the national Sickle Cell Center (part of the University of Miami’s School of Medicine), my client was the case study patient whose treatment had led to many advances in the fight against the disease. Despite countless pages of medical data and hours of testimony by doctors known throughout the world for their research and treatment of the disease, my client’s benefits were nevertheless terminated based on a Social Security doctor’s ten-minute physical examination and resulting testimony that she could be gainfully employed.
Although, I lost at the administrative level, I was able to convince the Federal District Court that she was entitled to a restoration of her benefits. Moreover, the Court not only restored the client’s benefits to previous levels, but also ordered back payments. However, the lack of funds to provide for her basic needs and other stressors created major complications in her illness. In fact, my client was hospitalized when the order was received restoring her benefits.
This case was significant because it demonstrated the lack of humanity and sensitivity that can be found in our system of government, whether administrative or judicial, and the serious need for compassion and empathy to replace the inhumane void. But, more importantly, it taught the importance of being fully and properly prepared. She depended on me for her survival. She depended on me to be prepared. And, that lesson was well learned.
If you have provided any significant pro bono legal services in the past 10 years, please provide details.
I have provided pro bono legal services through ChildNet assisting some of the youth aging out of foster care with minor legal issues, mainly landlord tenant cases. I have also provided pro bono legal services through the Child Welfare League of America to some of its member agencies, primarily with tech related issues given my experience with starting a tech startup focused on child welfare.
However, when in practice, and having been an Assistant Public Defender and a staff attorney for Legal Services, I obviously have set views on the importance of pro bono work. I try to keep 5% of my case load pro bono, primarily doing work through Community Health (formerly known as Center One), which provides assistance to persons suffering with HIV/AIDS. Recently, as part of my continuing commitment to the HIV/AIDS community, I was co-counsel with the Lambda Legal on a privacy of medical records case (the Mutual Benefits fraud case), that reached the Florida Supreme Court. I invested over 250 pro bono hours in the litigation of that case alone. However, I also provide legal services through Hispanic Unity, San Isidro Catholic Church and Broward Lawyer’s Care. But the one most significant assistance I have given towards pro bono, was the creation of a Hispanic pro bono clinic through the Broward County Hispanic Bar Association, for Broward’s growing Hispanic population, for which I was recognized by Chief Judge Dale Ross, 17th Judicial Circuit, Broward Lawyers Care and Legal Aid Service of Broward County, Inc., in 1993.
List current and former memberships in civic, fraternal, legal or social organizations.
Board of Directors
Child Welfare League of America (2016-present)
Florida Coalition for Children, Inc. (2008-2017)
Hospice Care of Southeast Florida, Inc., (1998-2008)
Family Central, Inc., (2000-2008)
Legal Aid Service of Broward County, Inc., (2001-2007)
ChildNet, Inc., (2002-2007)
Legal Boards
Broward Bar Association Peer Review Council (2002-2007);
Florida Bar Grievance Committee 17D (1994-1997);
Legal Committee, Center One (1994-1999);
Broward County Hispanic Bar Association
Founding Board Member and Treasurer (1992)
President (1993)
Board of Directors (2001-2003);
State Boards
Juvenile Justice and Delinquency Prevention Advisory Committee (2005-2006)
-Appointed by Florida Governor Jeb Bush;
Florida Department of Juvenile Justice Business Partner’s Advisory Group (2003-2006)
-Appointed by Department of Juvenile Justice Secretary Anthony Shembri;
Commissioner, Florida State Commission on Hispanic Affairs (1993-1999)
-Appointed by Florida Governor Lawton Chiles;
Community Boards
Broward County Children’s Services Council (2007-2019)
-Appointed by Florida Governor Charlie Crist;
-Re-appointed by Florida Governor Rick Scott;
Broward County Multi-Agency Gang Task Force (1997-2007)
Vice Chair (2000-2007);
Broward County Juvenile Justice Board (1997-2005)
Treasurer (1998)
Vice-Chair (1999-2003)
Chair (2003-2005);
Diversity Committee of the Broward County School Board (2000-2004);
City of Hollywood City Wide Master Plan Task Force
Chairperson (1999-2001);
Other Community Involvement
Hollywood Chamber of Commerce;
The Broward Latin Chamber of Commerce;
Multi-leadership Council of Broward County;
Governor’s Mentoring Initiative “Take Stock in Children.”
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.
I am currently the Vic-President/Treasurer of my homeowner’s association. If required by the Cannons of Judicial Conduct to resign from that position, I will do so.
Why are you running for this office?
Throughout 40 years of practice, business experience, and community service has taught me to never stop striving to make the lives of others better. Clearly, from having applied and having been nominated for a judgeship on nine occasions, becoming a judge has been a life-long ambition. It is perhaps the final opportunity to bring my knowledge of the law, my experience, but more importantly, compassion and empathy to the court, all the while following the law and applying the law fairly and impartially. It is part of a continuing process of giving back to a community that has afforded me so many opportunities. At 65, or as one of the other candidates has publicly referred to me as the “OG of all the candidates in the race,” it is perhaps my last opportunity to bring to the court a meaningful contribution of legal and business experience, but also, a life’s work of community involvement.
If you have chosen to run for judicial office against an incumbent, specify why you have done so.
N/A
If you have sought appointment as a judge through a Judicial Nominating Commission, provide details, including year(s) and results.
Nominated by the 17th Judicial Circuit Nominating Commission (nine of which were sent to the governor for consideration) for:
A County Court judge position (1991, 1992, 1993, 1997, 1998, 2000, 2001);
A Circuit Court judge position (1990, 1992, 1993, 1996, 1997, 1998, 3 times in 1999, 2001);
I was never appointed.
Why should voters elect you instead of your opponent(s)?
Voters should vote for the individual with the most experience, the most meaningful community involvement and the person who has a proven track record of achievement. Indeed, voters should consider various factors when considering for whom to vote. Age is a factor. Experience is a factor. Accomplishments are a factor. And more importantly, your life’s work and opinions are a factor. My time as a judge will, no doubt, be short. But, in that time, I look forward to earning the trust of the community that I have served for so long.
What in your life experience best qualifies you to serve as a judge?
I believe that all individuals are the product of their backgrounds, their experiences, and their education. Taking these factors into consideration, I believe that my contribution to the bench would be the ability to represent an incredibly diverse mixture of influences.
From an educational perspective, I would contribute a premier education at excellent schools. I had to work hard at my schooling, and I struggled to break out of a rough “Little Havana” neighborhood where, to this date, all but a few of my childhood friends find it difficult to move beyond the constraints of their background. Sometimes their lack of progress is due to inadequate education, but other times it is more a matter of a complacency that prevents them from achieving a better life. In my case, I was fortunate to be raised with a drive for life-long learning and personal improvement that would be an asset to the bench.
My unique mix of culture, traditions, and family economic, social, cultural, and political struggles all contributed to a fierce personal desire to do better not just for myself but also for my family and community. My situation is not unlike many others who shared similar experiences. We can reflect upon our backgrounds and struggles with pride and compassion when we come into contact with others who are struggling to better themselves. My background offers to the bench a sense of compassion and understanding that is sometimes lacking in our judicial system, not necessarily from a lack of caring, but more often from sheer ignorance of the plight of others.
From the experiential perspective, I believe that I have a rich base of experience from which I can analyze and compare situations. Aside from cultural and social experiences, I believe I have had an extensive legal practice that qualifies me to become a good jurist. From the criminal defense perspective, I have gained the seasoning of handling cases as diverse as traffic infractions and murders. In the civil sector, I have experience in poverty law issues as well as more complex civil actions.
I once defended a client in a complex civil suit involving a $13 million promissory note, and he gave me a few excellent words of wisdom that are applicable to this situation. I advised my client that, although I had extensive criminal trial experience, I did not have much civil trial experience and didn’t feel qualified to handle such a serious case. He urged me to accept the case, which I did, and he gave me the following advice: “No one is born knowing everything. You learn from your experiences, your mistakes, and from undertaking new and difficult tasks.”
Years later that same advice gave me the courage to take on the challenge of running of Florida’s largest child welfare system.
I do not profess to know the answers or the solutions to all of the problems faced by a judge, but as a jurist, my contribution would be the desire to use my background, education, empathy, experiences, and mistakes to undertake new and difficult tasks, primarily the most difficult task of ensuring that justice is carried out fairly.
What are three major challenges facing the justice system in Broward County, Florida or the U.S.?
The first and most dangerous challenge facing the justice system, not only in Broward, but throughout the nation, was what the country witnessed during the last two months.
Never has a former President of the United States been charged with a felony, thirty-four no less. Never has the nation witnessed a former President being convicted of those same thirty-four felonies. These charges, and the numerous others the former President faces, have opened a Pandora’s Box – primarily the brutal and constant attack on the justice system, the judiciary, the prosecution, and more dangerously, on jurors. Indeed, this has created an unwarranted degradation and weakening of the judicial system. More importantly, the belief and faith in the system of justice has been significantly impacted in the view of many members of the public.
The second major challenge with the justice system is its slow movement to proactively address and implement change.
This month the U.S. Supreme Court will rule on a case with far reaching implications to the nation, to Florida and to Broward County. It involves a case from the city of Grant’s Pass in Oregon. The City is asking the Supreme Court to overrule a 9th Circuit Court of Appeals ruling disallowing the City’s municipal ordinance against sleeping in public.
Here in Florida, the Legislature, following Grant’s Pass lead, adopted a similar law banning the homeless from sleeping on sidewalks, parks, and other public places. That law, passed in March, is waiting for the Supreme Court’s ruling before taking effect in October.
Although the prospective Florida law does provide (presumably), the homeless some access to services, those services are left up to the individual counties and municipalities to address without a specific appropriation of funds as an earmark.
Here in Broward, we are fortunate to have Community Courts that, to some degree, are currently addressing some of the issues confronting the homeless population (some 3,000 by recent estimates). Many are women and children and an alarming increase in the number of elderly are particularly at risk. In spite, however, the creation of these Community Courts, there are not enough to adequately address the anticipated onslaught of cases should the Supreme Court rule in favor of Grant’s Pass, and operation of law, Florida’s law becomes effective.
The third major challenge, which will only become more exacerbated by the challenge I just mentioned regarding the homeless, is the lack of judges and funding of the justice system.
The most readily available data regarding Broward’s judiciary (2022), particularly, its County Court divisions, is that the number of yearly cases in the system was 137,603 cases. With only 33 judges currently on the County bench, the average annual case count for each judge is 4,170 cases – not including the number of cases processed through the judiciary’s Community Court project.
Simply put, there are not enough judges to handle this high number, not to mention, the expected increases in that number. There needs to be a concerted effort to address this problem and to adequately and appropriately fund the justice system.
