Questionnaire: Scott R. Shapiro, candidate for Broward County Judge, Group 6

Name: Scott Russell Shapiro
Date and place of birth: May 26, 1980; Cleveland, Ohio
Office sought: County Court Judge
Campaign website: ShapiroForJudge.com

List in reverse chronological order each college, university and law school and indicate years of attendance.

University of Florida, B.A. Political Science, 2002
University of Miami School of Law, J.D., 2005

PROFESSIONAL

List in reverse chronological order your work history for the past 15 years.

Straley & Otto, P.A., Fort Lauderdale, 2021-2023
The Jacobs Law Group, Aventura, 2017-2021
Glazer & Associates, P.A., Fort Lauderdale, 2005-2016

As a lawyer, judge, or both, describe what types of cases you have typically handled.

I have been in private practice my entire career. I primarily handle commercial litigation cases in state court, representing community associations.

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?

I estimate between eight and 10 trials over the past five years. Only one trial went to a jury for a verdict.

Have you been a party to a lawsuit, including bankruptcy or foreclosure? If so, provide details, including case style, jurisdiction and details of disposition.

I was sued by a condominium unit owner who was a member of the association represented. He sued me for violating consumer protection laws during my attempt to collect a debt for the association. The case was in Broward and styled Butler v. Majestic View Condo. Regarding the outcome, all counts against me were dismissed, and then affirmed by the appellate court. I was awarded prevailing party attorney’s fees, too. Additionally, in a separate case I am currently suing my former client (the association) for unpaid bills.

Finally, I am a nominal defendant in a federal case regarding collections work done by a previous employer (The Jacobs Law Group).

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.

Lead Counsel Bailey v. Shelborne Hotel Condo. (Miami-Dade County): Represented over two dozen hotel-condominium unit owners against association.
The case directly caused the legislature to amend section 718.113(1), Florida Statutes regarding material alterations to condominium common elements. I was lead counsel for the first few years of the case, however after the passing of the main plaintiff (Bickford Huber) and the close of the material alterations issue, another firm took over as lead.

Flamingo v. Scialom (Miami-Dade County): Obtained a temporary injunction on behalf of a condominium association against a unit owner barring him from Miami Beach Condominium, where he owned a unit, due to violent behavior. The case was appealed on constitutional grounds to the Third DCA. Following oral argument (my first before the Third), the trial court’s injunction in the association’s favor was upheld.

Co-Counsel, Cohn v. Grand Condominium (Miami-Dade County): Lead counsel at trial and before the Florida Supreme Court: Eric M. Glazer; Appellate
counsel before the Third DCA: Bruce Rogow. Represented unit owners attempting to enforce an amendment made to section 718.404, Florida Statutes against a hotel-condominium developer in Miami. The Florida Supreme Court ultimately decided the legislature’s amendment to the law was an unconstitutional
impairment of contract under Florida’s Contracts Clause.

If you have provided any significant pro bono legal services in the past 10 years, please provide details.

Nothing significant.

List current and former memberships in civic, fraternal, legal or socialorganizations.

N/A

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.

N/A

PUBLIC OFFICE

Why are you running for this office?

I went to law school to ultimately become a judge.

If you have chosen to run for judicial office against an incumbent, specify why you have done so.

I am naïve to Broward politics and randomly selected an incumbent who did not have an opponent. I have no relationship with the incumbent and I have
never appeared before her Honor as an attorney.

If you have sought appointment as a judge through a Judicial Nominating Commission, provide details, including year(s) and results.

N/A

Why should voters elect you instead of your opponent(s)?

I believe I would make a fine judge based on the temperament, analytical skills, and legal curiosity I possess. However, I feel the most important reason I should be elected is that I am uniquely prepared to deal with a very real crisis which may evolve in Florida within the next two years. Following the tragedy in Surfside, the legislature amended the Condominium Act, mandating (among other things) that all condominiums begin fully funding their capital reserve accounts. As an attorney representing associations for nearly two decades, I know that most in South Florida have never fully funded their reserves before. Unless amended by
the legislature, fully funding reserves will become mandatory for all condominiums beginning in January. Many unit owners, who already pay high assessments due to (among other things) rising annual insurance premiums may see those assessments increase to double their current amount to fully fund reserves. Most likely, the inability to pay these higher assessments will lead to a rise in foreclosures. I was a young attorney during the foreclosure crisis of 2008 and saw things
that ashamed me as a lawyer. I saw judges (either through neglect or lack of familiarity with the subject) permit institutional lenders and creditors to trample on the rights of homeowners during the foreclosure process. Due process rights were violated in open court (especially before senior judges) and when I complained to Broward’s administrative judge of the time, he explained that he was disgusted by it too, but due to the sheer volume of the cases being litigated at the time (and lack of funding) there was little he could do to rectify the problems. I will never let this happen in my courtroom.

Another problem caused by the crisis saw owners, who were paying their obligations (mortgage or assessments), default because they could not cover the association’s debt, which was created by banks taking too long to obtain final judgments against owners who previously defaulted. Typically owners who default on their mortgage stop paying assessments to their associations. Many times the foreclosing lender will take as long as a year (or even two) to obtain a DEFAULT judgment against a defendant-owner. By statute, when the bank becomes the new unit owner, it only owes a fraction of the full amount of the previous owner’s assessment debt, resulting in more hardship for those owners who timely pay. I will not let anything like this happen in my courtroom either. While institutional lenders are entitled to the protection of their contractual and legal rights, no one is entitled to unreasonably delay court proceedings, especially when doing so has real world consequences against innocent parties. So, nothing like this will ever happen in a courtroom where I am the judge.

What in your life experience best qualifies you to serve as a judge?

I have approximately 18 years’ experience as a trial and appellate attorney in South Florida. I have also been a resident of Broward County for 43 of my 44 years on this planet (not counting college and law school). This is my home and I want to do my part to make sure it is a great place for anyone to make
their home.

What are three major challenges facing the justice system in Broward County, Florida or the U.S.?

Institutional racism.

Unequal access to courts due to high cost of legal services.

The appearance of corruption at highest levels of the judicial system (at least with respect to Article III courts).