DONNA RHODES: Welcome to Fast5, the official audio series of the 12th Judicial Circuit Court. I'm your host, Donna Rhodes. This episode we're talking with Judge Donna Padar, who was elected to the Circuit Court Bench in January of 2007. She presides over felony division 2 in Sarasota.
Judge Padar received her juris doctor from the University of Florida College of Law, she was admitted to the Florida Bar in 1993.
Hi, Judge Padar, welcome to Fast5. Thanks for joining us.
JUDGE PADAR: The other Donna. So I forget, did I ask you before? I'm a Donna Marie.
DONNA RHODES: And I'm a Donna Lee.
JUDGE PADAR: Okay. Yes, that makes sense, okay.
DONNA RHODES: Yep, but --
JUDGE PADAR: We have all those common middle names, so.
DONNA RHODES: I have met more Donna Maries.
JUDGE PADAR: My mom got it out of a magazine.
DONNA RHODES: Maybe people are reading the same one; right? All right, let's just jump right to it. So what do you like most about living here in our tri-county area. Or, if you came from another town or state, what drew you here?
JUDGE PADAR: Okay, I was born in Buffalo. When my father was doing his residency, I want to say at Buffalo Children's Hospital, and my paternal grandparents were immigrants from Hungary after the war, there was a huge Hungarian community here at the time. And there's still a bit of it. And my father, when he came to visit my grandparents, fell in love with the area, he thought it was great. So it was either Florida or Hawaii, and Hawaii would have been a long way to go. So I came here in 1971, and I think I was one, so I kind of feel like I'm an unofficial Sarasota quasi native.
DONNA RHODES: Yeah.
JUDGE PADAR: And I grew up here, and I love it. And everybody else seems to love it, too, because everybody seems to be moving here.
DONNA RHODES: Yes, everybody is moving here. Um, that's interesting, Hungarian, that's another thing we have in common, that was my grandmother.
JUDGE PADAR: I didn't know that.
DONNA RHODES: Mm-hmm, mm-hmm, yep.
All right, so we have some really great spots for recreation, speaking about great things around here. What do you like to do when you get outside to play?
JUDGE PADAR: Okay, if I do that, probably my favorite spot is Siesta Key Beach, because of the sand. Years and years ago my daughter had a project where we determined what is the softest sand in Sarasota. So we went to each of the beaches, and we put all the sand under a microscope. And if you look at Siesta Key sand, not only is it quartz but it's also perfectly spherical, it's not jagged pieces of shell. And it is specially deposited here from -- I want to say like the Allegheny Mountains, the way that the tide takes it down the coast of Florida. So I love walking on that sand. Otherwise, I will say I have to -- it's really hot.
DONNA RHODES: It is.
JUDGE PADAR: So I probably don't go many other places outside. But when I do get to play, sometimes we just leave town.
DONNA RHODES: Yep.
JUDGE PADAR: Yeah, so maybe go down to the Keys, or up to visit my daughter in Philadelphia.
DONNA RHODES: Oh, wow, that is out of town.
JUDGE PADAR: That is out of town. But there are direct flights these days, so it makes it easier.
DONNA RHODES: Yeah.
JUDGE PADAR: And I clean her apartment.
DONNA RHODES: Oh, well, okay. My uncle used to invite my mom over early for parties so she could clean his place.
JUDGE PADAR: Did he?
DONNA RHODES: Yeah, yeah
If you were not a Judge, what would you be doing?
JUDGE PADAR: I really liked academia and teaching. And I think I kind of get that out as a Judge, because I'm currently the Dean of AJS, the advanced judicial studies. And we just put out our prospectus for 2022. And as the Dean I help oversee programs for, about, our 1,000 Florida judges. And advanced judicial studies, we call them deep dives, because there are at least one-day deep dives into everything from baseball a and the law, to the roll that judges played in the Holocaust, to statutory and contract interpretation, to special-needs kid in court, whatever we think the judiciary needs. And I love being involved in judicial education, so I think that's the way that I get to -- if I could have been something else, it would have been some type of teacher.
DONNA RHODES: Okay. That is a very common theme with a lot of the judges around here, too.
JUDGE PADAR: Oh, really?
DONNA RHODES: Yeah.
JUDGE PADAR: I can see that. You know, and if they were trial attorneys, like criminal defense or prosecutor, they're so used to educating people, jurors and the court and how do you tell the story, how do you make a point, what's a conclusion you want to reach. I can see a lot of the former trial attorneys having that want, that desire. That's how we get the teacher out of us.
DONNA RHODES: Right, right.
JUDGE PADAR: That's how we get it out.
DONNA RHODES: Why can't a judge talk about a trial that's just concluded?
JUDGE PADAR: Trials are not final. Especially criminal, and family, a lot of them. Just because you had a trial and there's a verdict, it's not over yet. So right now I'm on the criminal bench, there's always the appeal that a defendant may want to file to make sure that I as a trial judge have made the correct decisions during the trial, to admit or exclude evidence, to impose an appropriate and lawful sentence. Then there are issues that can be raised post-conviction that have to do with the effectiveness of defense counsel, anything else. So just because you have a verdict doesn't mean that it's final. And it's the same thing -- I know at least in family, even though we enter final judgments, things change in family situations. And there are always post-judgment matters, especially if it's a high-conflict case. So the more we keep our mouth shut, the better. Because -- we're also not supposed to talk about it pursuant to the rules of ethics, because it could be an ongoing case. I should have said that first.
DONNA RHODES: No, that's -- you know, I don't know if that's -- TV shows tend to look at the trial as the end of a case, and I guess that's just not really so.
JUDGE PADAR: No. And, you know, I will say the great thing about television, when they come into criminal court, is everybody has an idea of how things are supposed to go. And most of the Adrenalin has been expended, of course there's anxiety and uncertainty as to what a jury would do with the verdict, and it tends to subside. Versus family court, people -- you don't really see that on television, and they don't know what to expect. Their Adrenalin tends to stay elevated and they find new ways to bring up new issues and re-up the Adrenalin. So I do think that that is something that the public does not get a chance to see, it's a really good point to make to people, that what happens after the trial is very important, too. And to ensure that justice was served all around.
DONNA RHODES: Okay. You're almost done be with the big Fast5 questions, here's the last one, and it's also my favorite: What does access to justice mean to you?
JUDGE PADAR: I think the first word of it is "access"; right? How accessible is the court to the people that need to use it. Taking it from a criminal standpoint, there's so much that's already taken care of. If you can't afford a lawyer, one is appointed for you. I think we're really fortunate in our circuit that we have a great Public Defender's Office, we have a great Office of Regional Counsel's office. They're very experienced attorneys that are well-versed in how cases proceed locally, and to ensure that there's communication between a defendant and his or her defense attorney, do they feel like they're getting that. Does a victim feel like their thoughts and wishes are being conveyed to the Court, either through their own attorney or through the State Attorney. We have the Marsy's Law concerns.
And then I think one big thing for defendants is maybe this is the biggest thing in their life, it probably is if they're facing a felony charge, what's it like when they come into court, how much time do I spend with them, how do I treat them, am I dismissive, am I looking down at my paper or my computer or am I looking them in the eye. And I always try and give them the last word. Is there anything that you want to know about what we've done here today. You know, if there's anything that you need to know, please tell your attorney, we can set this for a hearing. So that they feel like -- even if the court appearances are few and far between, that they were effective. And I guess the last thing I would leave with is did they feel that they were heard.
DONNA RHODES: Right.
JUDGE PADAR: And one of the first things that you do when you go to new judges college in January is you participate in active listening. And for example, like for this, well, Donna, you've asked me the question what does access to justice mean to you. So I've repeated your question, did I get that right, and you're telling me, and here's my answer to that, did they answer your question. And we try and balance how can we get through a busy docket, versus making sure that people feel that they were treated fairly.
DONNA RHODES: Right.
JUDGE PADAR: So that's how I approach it.
DONNA RHODES: Okay. Which is also a delicate -- it's a delicate thing to do. There could be hundreds of cases that you're hearing -- or, okay, maybe 150 -- what is the biggest docket?
JUDGE PADAR: There are some days -- like I'll have 50 cases tomorrow, I'll have 50 of them. And you want to be polite. Now we're on Zoom which makes things easier for people, so Zoom is accessible, but it also is not the same as being in person.
DONNA RHODES: Right.
JUDGE PADAR: You can't really make that much of a connection. And I do think that some judges that come onto the Bench, especially if they don't have a criminal background, tend to be standoffish with criminal defendants, and maybe the defense attorneys don't want the judge engaging in a great deal of conversation. But I do like to -- you know, how are you doing today, you know. And if they say I'm nervous, I'm like, you know what, that's the appropriate response, because had is important to you, and that's perfectly fine.
DONNA RHODES: Yep.
JUDGE PADAR: So I just want them to feel more comfortable and not afraid to ask questions. I hate to find out that there is something that they wanted to ask me but they were afraid to. So I tell them, you know, do you have anything you want to talk about with your attorney before we're done. So -- and Zoom of course has been huge in access to justice.
DONNA RHODES: Right.
JUDGE PADAR: So criminal, I think you'll always see a bit more accessibility than you see in the other divisions where people don't have the benefit of court-appointed counsel.
DONNA RHODES: Right.
JUDGE PADAR: That's daunting.
DONNA RHODES: Those are things to fix for another day.
JUDGE PADAR: Yeah.
DONNA RHODES: Okay, well, you've finished all the big Fast5 questions, we're moving on to the lightning round now. And I think I know how you're going to answer this.
JUDGE PADAR: Yes, you do.
DONNA RHODES: Gators or Seminoles?
JUDGE PADAR: Oh, go Gators.
DONNA RHODES: Yay.
JUDGE PADAR: Go Gators. I was a Gator from '90 to '93, and I loved it. Loved every minute of it.
DONNA RHODES: What's one item you can't leave home without?
JUDGE PADAR: I wish I could leave home without my phone, but I can't.
DONNA RHODES: Mm-hmm. Judge Inman, I asked her has she turned around to get it. Have you, turned around to get a phone?
JUDGE PADAR: Yes, I have. Okay, because it has become indispensable, unfortunately. And number one, I'm a mom, and even though my daughter is 25 I still have it, because she -- you never know.
DONNA RHODES: Yep.
JUDGE PADAR: And the other thing is now we get our warrants and communications sometimes from either law enforcement that there's a warrant waiting in our e-warrant system, or my JA and I, we --
DONNA RHODES: Okay, so again, you're a judge 24/7.
JUDGE PADAR: You're a judge 24/7. And, you know, the biggest thing is trying to make sure that it's not on silent at night, so that when they're calling at 3 a.m. for a warrant that unfortunately -- if I don't wake up, that means that Judge Krug will be bothered next, and I feel terrible the next day if he's the one that had to do it.
DONNA RHODES: Are you an early bird or a night owl?
JUDGE PADAR: I am a night owl.
DONNA RHODES: Okay.
JUDGE PADAR: Life is hard when people like to start early. I would get in my groove at 5 p.m.
DONNA RHODES: Oh, all right.
When you're alone in the car, at what volume is the music?
JUDGE PADAR: Depends on the music.
DONNA RHODES: Okay. Polka?
JUDGE PADAR: If it's Journey and I'm sitting at the light, I am --
DONNA RHODES: You're rocking it out?
JUDGE PADAR: I'm belting it out. If it's talk radio, it's not as loud.
DONNA RHODES: Okay, okay.
JUDGE PADAR: But I do tend to look beside me if I'm driving home at night or something and I play my music, am I annoying anybody else at the stop light.
DONNA RHODES: All right, you and Steve Perry.
All right, last question: What's a trip that changed you, and why?
JUDGE PADAR: Oh, okay. My parents, and my dad in particular, are world travellers. And in 2016 my daughter and I, my mom and dad, some other people from Sarasota, and a group, we all ended up going to Laos and Tibet.
DONNA RHODES: Oh.
JUDGE PADAR: And if you're familiar with what's going on in China with regard to Tibet and the Uyghurs and the conflicts that are there and what the Chinese are accused of doing. Tibet is one of the most beautiful and serene places I've ever been to. We traveled across the Tibetan Plateau on a train that went to an elevation of about 13,000 feet.
DONNA RHODES: Wow.
JUDGE PADAR: And had to take special medicine, Diamox, to avoid the altitude sickness.
DONNA RHODES: I was going to say, and you coming from Florida, it must have been a horrible thing.
JUDGE PADAR: Yeah. There were a lot of Chinese soldiers on the train that got sick, and my dad and his friend had the Diamox, and they were handing it out like candy, and the next morning they took all of our -- they were very grateful because they were really sick. But the Tibetan people are beautiful, they are spiritual. And all along the sides of the roads you would see these ladders, they were drawn on the side of the road. And I was told by our tour guide that that is a positive message, it's like help me ascend, help me climb. Or there would be -- there would be a traffic intersection, and in the middle would be this little shoebox with offerings right in the middle of it. I mean, they knew how to pray and get in touch with their spirituality, and I was very grateful to be able to go there and see for myself what it was like, and to get an idea of what it's like to be in a very very different society.
DONNA RHODES: Wow.
JUDGE PADAR: So I hope -- and Laos. Laos, what they have been through, and those are beautiful people as well. And the land mines that they were struggling with, the aftermath of war and conflict, and -- I just love that part of the world, so I hope to go back.
DONNA RHODES: That sounds like an awesome trip.
JUDGE PADAR: It was.
DONNA RHODES: Yeah. You may have just inspired me.
JUDGE PADAR: Oh.
DONNA RHODES: Those are all the questions I have. You have successfully survived Fast5. Thank you so much for joining us, and we'll see you around the courthouse.
JUDGE PADAR: Thank you, Donna.