Ponte Vedra Beach attorney appointed as new circuit judge in Volusia County

Meet the new judicial finalists: the same (almost) as the previous judicial finalists.

Gov. Ron DeSantis will appoint a new circuit judge from the six finalists to fill an opening in the 7^th Circuit created by the April 1 retirement of former Circuit Judge James Clayton.

Except for one additional finalist, five of the six finalists whose names have been forwarded to Gov. Ron DeSantis for Clayton’s former seat are the same as were sent to DeSantis earlier this year for the open seat created by former Circuit Judge Raul Zambrano’s retirement in December.

The one finalist for Clayton's seat that wasn't on that list was David Wainer III.

DeSantis already appointed Wainer to the seat vacated by Zambrano, who retired in December. Wainer will take his seat on the bench May 6.

The job comes with a $191,163 annual salary.

Wainer, a Ponte Vedra Beach resident, has been a partner at Ford, Miller & Wainer since 2001, according to a March 26 press release from the governor’s office.

Familiar names for Clayton's former seat

For Clayton’s former seat, the 7^th Circuit Judicial Nominating Commission selected six names April 11 to be submitted to the governor’s office: Christopher Ditslear; Ann Phillips; Robert Pickens III; Michele Simonsen; Sarah Thomas; and Andrew Urbanak.

The only new name among the group compared to Zambrano's former seat is Ditslear, an attorney in DeLand.

The News-Journal requested any recommendation letters for the finalists. Seventh Circuit JNC Commission Chairman Travis Mydock wrote that the letters for Ditslear were the only new submissions.

Ditslear received a thumbs-up from the man whose seat he is applying for. Former Circuit Judge James Clayton wrote in a letter that Ditslear has appeared many times before him on criminal cases and has a diverse background as an attorney in private practice. Clayton praised Ditslear’s temperament and work ethic. Ditslear also received a recommendation from John Doyle, who retired 14 years ago after serving as a circuit judge for 20 years in DeLand, according to his letter.

Thomas, Urbanak and Simonsen are all assistant state attorneys who were selected as finalists by the committee.

Pickens is an attorney at Holmes & Young in Crescent City, according to the Florida Bar profile.

Phillips is an assistant professor and program coordinator of Homeland Security at Embry-Riddle Aeronautical University.

As previously reported, Thomas and Phillips also received letters of recommendations when they were finalists for Zambrano's seat.

Phillips received a letter of recommendation from Sen. Tom Wright, R-Port Orange. Wright praised her “integrity, fairness and legal prowess.”

Thomas received about 28 letters of recommendation from a variety of supporters: business people, lawyers, a judge in Kentucky and about 10 letters from law enforcement officers.

Wainer was a finalist twice last year before selection

The governor’s office was familiar with Wainer. The 4^th Circuit Judicial Nominating Commission had selected him twice as a finalist in 2023 before the 7^th Circuit Judicial Nominating Commission picked him as a finalist for Zambrano’s seat.

While he does not have experience in criminal or family law, Wainer, 54, said in a phone interview this week that he believes his experience in civil law helped him.

“I’ve got almost 28 years of experience,” he said. “I don’t think anybody else that made the short list has that experience in civil.”

While Wainer and his wife will keep their house in Ponte Vedra Beach, Wainer said he has already rented a condominium in Daytona Beach where he will live during the week.

“I meant every word of what I said about immersing myself in the community,” Wainer said, referring to statements he made during the interview with the nominating commission.

He said he will start covering a dependency and delinquency docket on May 6 at the Courthouse Annex in Daytona Beach.

Wainer said he did not know what finally got him the appointment on this the third time as a finalist.

The committee had also asked him where he preferred to practice, in the 4^th Judicial Circuit, which covers, Duval, Clay and Nassau counties, or the 7^th Judicial Circuit, which covers Volusia, Flagler, Putnam and St. Johns. He said he preferred the 7^th where he lived and grew up and his family was from.

At the end of the interview with the commission, Wainer told the committee he had expected more questions about his "connections."

When asked by The News-Journal this week what he meant by connections and whether that meant any political connections, he said it did not. Wainer said by connections he was referring to his ties to the area.

One of those ties dates back to the settlement of New Smyrna Beach. He said one branch of his family has ties to the Minorcans who were brought from the island of Menorca in the Mediterranean as indentured servants to New Smyrna Beach in 1768 to work on Andrew Turnbull's indigo plantation. The Minorcans later made their way to St. Augustine.

This article originally appeared on The Daytona Beach News-Journal: Ponte Vedra Beach lawyer to serve as new judge in Daytona Beach