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An Afternoon with the Chief: Robert H. Pleus, Jr., of Florida's Fifth District Court of Appeal

by Shannon McLin Carlyle
The Record, Fall 2005

Judge Robert J. Pleus, Jr. has enjoyed a distinguished career as a lawyer and judge that spans some 40 years. He recently added yet another honor to a lifetime list of accomplishments that is too extensive to include in just one article - the honor of being selected Chief Judge of the Fifth District Court of Appeal. I recently had the chance to spend the afternoon with Chief Judge Pleus, and he spoke openly about his background, his time on the bench, and his goals as Chief Judge.

When speaking with Chief Judge Pleus, it does not take long to understand the dominant influences of his life: his family, his faith, and his career in law. Chief Judge Pleus was born and raised in Orlando, and attended parochial school from kindergarten through high school. Upon graduation, he continued his Catholic education at the University of Notre Dame where he earned his Bachelor of Arts in Political Science. He spent several years in the Navy before earning his law degree from the University of Florida College of Law in 1962.

After graduation, Chief Judge Pleus began practicing law in Orlando where he was a leading member of the bar for nearly 40 years. He was a member of the firm of Carlton Fields for 10 years, had his own general civil practice for 15 years, and prior to his appointment, was of counsel to Ackerman Senterfitt & Eidson. Although he is board certified in real estate, he practiced in a wide variety of areas, including litigation. He has been active in bar activities throughout his career, including an eight-year term on the Board of Governors of the Florida Bar. He also served as President of the Orange County Bar Association, as well as President of the Young Lawyer's Division of The Florida Bar. On the personal side, Chief Judge Pleus was Mayor of the City of Windermere from 1988 to 1994, and served as past President of the Windermere Rotary Club and the Orange County Historical Society. The proud father of six children and five grandchildren, Judge Pleus has been married to his wife, Terry, for 43 years. Also, in 1999, Chief Judge Pleus earned his Masters Degree in Pastoral Ministries from Loyola University in New Orleans. Chief Judge Pleus is an ordained permanent deacon in the Catholic church.

In March, 2000, Chief Judge Pleus was selected to serve on the Fifth District Court of Appeal. In assuming the role of appellate judge, he was following in his father's footsteps. He explained, "My father was one of the original three judges on the Second District Court of Appeal when there were only three DCAs - Miami, Tallahassee and Lakeland." His father's time on the bench was too short, however. He was appointed in 1957 by Governor Leroy Collins and died Thanksgiving day that same year, after serving on the bench for only five short months.

Chief Judge Pleus enjoys the variety of cases that come before the appellate court, and is especially intrigued by real property cases, and cases involving individual property rights. When asked what he missed about the private practice of law, he mentioned the socializing and just being around other lawyers on a day to day basis. As with most appellate judges, such socializing has become less frequent since he went on the bench.

When asked about what he believed lawyers could do to improve their performance in appellate courts, Chief Judge Pleus pointed to a lack of understanding among some lawyers concerning the applicable standard of review. He is often frustrated by appeals that focus exclusively on challenging a trial court's findings of fact. He believes the practitioner should be wary of bringing such appeals, noting that reversal in such cases is "very, very rare."

Chief Judge Pleus also commented on The Florida Bar's recognition of appellate practice as a specialty. He stated, "I think it's great - it's good for the profession and good for the clients. Having appellate specialists certainly enhances the performance of the lawyers."

When asked to recall some of his most notable opinions, Judge Pleus quickly cited his dissent in In Re Guardianship of J.D.S.1 In the case, the majority upheld a trial court's decision denying a guardian to the fetus of a mentally disabled rape victim. The majority noted that Florida's Legislature had not mentioned the term "fetus" in enacting the guardianship law, and therefore found that "[h]ad the Legislature decided that a fetus was entitled to the protection of the guardianship statutes, it would have so legislated . . ."2

Judge Pleus disagreed. In a 16-page dissenting opinion, Judge Pleus asserted that appointing a guardian for a fetus is "not an undue burden and is the only means to ensure that the State's compelling interest in the health, welfare and life of an unborn child is protected."3 Judge Pleus stated that the legislature's reference to a person by using the terms "fetus" and "embryo" was "confusing, outdated and meaningless" and he urged the legislature to overturn the decision and affirm "that an unborn child is a person."4 Judge Pleus declared that "[s]uch action would be a clear and unambiguous acknowledgement of human life."5

Judge Pleus then exposed a personal story rarely seen in appellate decisions. He wrote of his new grandson, Nicolas, whose crib bore his name and who had delighted his family members with sonogram pictures of a heartbeat and wiggling toes long before the day of his birth. Judge Pleus stated that he knew Nicolas was a human life from the moment of conception. By that same token, Judge Pleus asserted that J.D.S.'s daughter, who was born prior to the decision's release, is called Baby S. He wrote: "Ironically, within a short time after her birth, a guardian was appointed for Baby SÉ".6 Pleus continued, "It makes no sense to me that Baby S could have a guardian after the Caesarean [section] but not before."7 Judge Pleus therefore believed "the Legislature intended the reality that Baby S was a minor under the age of 18 both before and after the Caesarean operation on her mother. As a minor under the age of 18, prior to her birth, Baby S was eligible for a plenary guardian under the statute."8

When asked to what extent his parochial background influenced the opinion, Judge Pleus candidly asserted that while it certainly had some influence, his legal reasons stemmed from statutory interpretation, which he believes should be strictly construed.

Turning to his new duties and goals as Chief Judge, Judge Pleus noted that the duties of chief judge vary from DCA to DCA, and they have evolved in different ways that reflect the culture of each court. In the Fifth District, among other duties, the chief judge acts as the spokesperson for the court and as a liaison to other courts. He also sets the agendas and chairs the monthly judges meetings, reviews and approves the budget, and supervises the clerk and the marshall as well as the central staff attorneys and the motions clerk.

When asked what his goals were as Chief Judge, Judge Pleus stated that his "number one priority is to move the cases faster." He noted that when appeals languish at the courthouse, the entire system is weakened. In the opinion of Judge Pleus, "justice delayed is justice denied." Improving the efficiency of the court will be his overriding goal.

Judge Pleus focused on other goals as well, including promoting collegiality at the court and striving to maintain the highest quality in the opinions released by the court. He also intends to lobby the legislature on matters important to the Fifth District and the legal system as a whole, and he plans to keep the court current with technological advances. On this point, Chief Judge Pleus did not waste any time in taking action. During our conversation, we discussed the Fifth District's website; specifically, Chief Judge Pleus was interested in a lawyer's view of the "user-friendliness" of the docket information provided. He urged me to send him an e-mail with suggestions for improvement. Within a few days of my doing so, I received a copy of a letter the Chief Judge had penned to Chief Justice Pariente of the Supreme Court of Florida summarizing the suggestions and requesting their implementation.

Anyone who has spent time with Chief Judge Pleus is certain to come away with the impression that he is a very candid, professional judge with strong opinions that reflect his background. His tenure as Chief Judge of the Fifth District is yet another milestone in a remarkable career built on family, faith, and a love of the law.

Endnotes:

1. 864 So. 2d 534 (Fla. 5th DCA 2004).
2. Id. at 539.
3. Id. at 545-46 (Pleus, J. dissenting).
4. Id. 548. (Pleus, J., dissenting).
5. Id. at 548 (Pleus, J., dissenting).
6. Id. at 549 (Pleus, J., dissenting).
7. Id. (Pleus, J., dissenting).
8. Id. (Pleus, J., dissenting).