One is a seasoned trial judge, the other is an attorney who specializes in personal injury and civil matters. Both have about two and a half decades of legal experience.
Catherine L. Combee is running for re-election as a judge in Florida’s 10th Judicial Circuit, which serves, Polk, Highlands and Hardee counties, while Lakeland attorney Gregory P. Abaray is running to unseat her.
Catherine Combee
Combee, 71, who grew up in Winter Haven and now lives in Lake Wales, had a career before delving into law. She holds a Ph.D. in medical sciences from the University of South Florida and rose to vice president of a medical laboratory company. When it was bought out, she decided to head to law school at Stetson University’s St. Petersburg campus. She clerked for several judges, including Federal Judge Elizabeth Kovachevich, whom she named as a role model.
“When I walked into the courtroom, I said, ‘This is where I want to be.’ I like the energy. I like what happens here,” Combee said, adding that she worked as a prosecutor before opening a private practice. “And then one day, I decided to run for judge, and in 2012 I ran for judge. I wasn’t supposed to win, but they didn’t tell the voters that. So I was elected. I love my job. I love what I do.”
She is currently assigned to the Felony Division.
Greg Abaray
Abaray, 53, took a more traditional route into law, receiving a bachelor’s degree in legal studies from the University of Central Florida and a juris doctorate from Nova Southeastern University. He is board-certified in Civil Trial, a distinction held by less than 1% of Florida lawyers.
“I always felt myself as a fair and just person,” Abaray said. “I’m always able to look at both sides of everything, and able to give people an opportunity … giving people due process, allowing everybody to be heard, an opportunity to speak. I may not agree with what they have to say, but everybody should have their voice heard.”
Abaray said he wanted to run because he feels like politics is being driven into courtrooms now.
“The reason why we have separation of powers is so that we are able to have an impartial judiciary interpret the law and not sway things based on politics, and that’s what I’m talking about,” Abaray said. “I’ve seen it in the lower federal courts. I’ve seen it in state courts. I’ve seen it trickle down in the appellate courts, and it eventually is now hitting into the circuit courts, the trial court judges, which I’m running for, where it’s being more driven based on policies that the judges want to see, driven harder, and they’re able to manipulate that to some degree being a judge.”
Q & A with the candidates
LkldNow live-streamed a judicial forum at The Well on Tuesday hosted by the Lakeland Alumnae Chapter of the Delta Sigma Theta Sorority and the Lakeland Chapter of Kappa Alpha Psi Fraternity.
Combee was there, but Abaray was unable to attend.
LkldNow reached out to Abaray and asked him the same questions Combee received during Tuesday’s forum. Neither were given the questions in advance. We have edited some out for the sake of brevity.
Describe the job of a judge, day to day.
Combee said her job as a judge is to follow the law and pointed out that it is not as it appears to be on television legal dramas.
“It’s to be fair, it’s to listen to people. It’s to give ample opportunity for them to tell us, to tell me what their feelings are and what they want,” Combee said. “Sometimes it’s better that they don’t say anything, and that’s why they have a lawyer.”
She said she gets into her office at about 8 a.m. During trial days, she meets the jury and ensures they are qualified, that their questionnaires are filled out correctly. She ensures that the cases and trials stay on schedule and that both the state and the defendant have the opportunity to present a fair case.
“It’s my job to give them to law, and it’s their job to apply the facts to the law,” she said
She described behind-the-scenes issues that jurors cannot be made aware of, for instance, when a witness hasn’t shown up or is late. There are a number of staff people behind the scenes who help her when she needs to rule on a motion quickly. And she said, there has been an increasing number of defendants who want to represent themselves, which she said is “ill-advised”
Abaray said, “You’re there to hear cases and disputes along the way, up until a trial.”
He pointed out that not every case makes it to trial, that attorneys have to agree on motions to dismiss cases. In the personal injury cases he mainly deals with, judges have to determine whether a viable case exists.
“After that, the judge is very limited in what they do once it gets to trial — and very few cases go to trial,” he said, adding that some of the judges he has known over the years oversee about 10 trials a year. “Say they try maybe about 10 cases a year, which isn’t a lot when you think about it. So 10 out of the 52 weeks out of the year they’re actually in trial.”
How would you conduct your courtroom?
Combee said the 10th Judicial Circuit has dealt with handling cases by having days on which the public defenders appear before judges for status updates, which can number in the dozens before a criminal case goes to trial, and a day for private attorneys.
She said she lets the attorney who is ready go first. And sometimes she allows the public defenders to go first or an assistant state attorney who does sex crimes and has to be in four or five different courtrooms in one day.
Abaray said one practice he does not like in the 10th Judicial Circuit is the scheduling of status hearings every 15 minutes. He said those usually take only five minutes and the process could be streamlined, adding that this is why there are a backlog of cases.
“I don’t think that’s a good use of judicial resources — I think you need to get as many cases heard in a day as possible,” Abaray said. “That’s premised on the fact that lawyers have a very quick, simple issue.”
How will you treat defendants? Victims?
Combee said she always greets every defendant and she always watches their body language to make sure they understand the proceedings.
“I try to be compassionate … a lot of times the attorneys won’t see the same reaction I will and I will stop,” Combee said. “I’ve stopped all kinds of cases to talk to the person to find out what is going on and whether they want to go forward, whether they understand. … It’s always a person, but it’s not just one person.”
Combee said families on both sides of some cases are devastated — both the defendant’s and the victim’s, something she didn’t realize until taking the bench.
“I watched some of the devastation that it does to both sides when these people are involved in DUI manslaughters and things like that, and it’s not just one person, it’s the whole family that’s involved,” Combee said. “I’ll be honest with you, there are times where I go home and it’s hard, it’s hard because you take it home with you, because there are 5-year-old kids … There’s a baby who’s no longer living because of someone’s actions and the impact that that has.”
Abaray said both the defendant and victims should be treated the same.
“Unfortunately, I know people will not be happy with that answer, but I do believe firmly in the innocent until proven guilty,” he said. “I practiced both as a prosecutor and as a defense attorney criminal, and I know there are liars on both sides, unfortunately, and I think everybody needs to be heard. Until all the evidence is laid out and all the testimony is heard, I can’t make the decision just based on a label ‘victim’ or based on a label ‘defendant.’ I have to hear all the evidence, just like a jury would have to hear that. So I would treat them equally.”
There has been a rise in violent juvenile crimes … what needs to change to prevent their crimes and recidivism?
Combee said the judicial and legal system can’t be the only answer to this deepening problem. By the time young people end up in her courtroom, there’s often not much she can do.
“It’s got to be community-based,” Combee said. “There has to be programs in place to educate people, to let them know that what’s going on in their community, to help women, to help the community, people, kids that they’re raising in bad environments.”
She said she sees single mothers come into her courtroom, desperately wanting to help their sons. But once they have committed a crime with a firearm, there are mandatory minimum sentences the state demands be imposed.
“Their boys are doing well, but then they commit these crimes with a firearm, and those put them in a very bad situation,” Combee said. “There’s not a whole lot of things that the court system can do for those kids. That’s why there needs to be programs that teach these kids, who give them encouragement, who give them opportunity. It needs to be from the home, and it needs to be from the courthouse. It needs to be from the church. It needs to be throughout the whole (community).”
Abaray said crime is getting out of control.
“I think kids realize that they will not be tried as an adult if they’re committing (crimes) young enough,” Abaray said. “Now we have a very good prosecutor, Brian Haas, that does decide to move forward and prosecute juveniles through an adult direct file, it’s called, where you can charge a 17- or 16-year-old who does a violent crime.”
Direct filings involve prosecutors reviewing a case and not waiting for a police agency to file charges — the state attorney’s office will file the charges.
He said the legislature could act to make it harder for 14-, 15- and 16-year-old kids to get away with violent crimes. Until then, prosecutors like Haas could use more direct filings.
Many defendants have addiction issues and/or mental health issues. How would you deal with that?
Combee pointed to several specialized courts within the 10th Judicial Circuit including Veterans Court, Drug Court and Behavioral Health Court.
She said the judicial system understands that defendants with untreated drug or mental health problems often end up returning to jail again and again. Offering first-time offenders a chance to complete drug rehabilitation or receive mental health treatment can prevent crime and cost taxpayers less.
“There’s a lot of issues with mental health,” Combee acknowledged. “A lot of the individuals who we see in our courtroom have those issues. The laws have recently changed. Instead of being reviewed every six months, they’re reviewed every 60 days to try to get try to get them resolution. We found that some of the people who were supposed to be committed to the state hospital weren’t being sent to the hospital for months, and that has changed.”
But, she said the courts are not a panacea, cure-all. “We do need community partners. We need people involved.”
Abaray said the legislature needs to do more to help those with mental illnesses.
“As a judge, you can take into consideration those mental health issues or drugs, and you can consider that in sentencing, you can deviate from guidelines, let’s say, and you can order them to in-house programs,” Abaray said.
He said when he began his career as a public defender in 1996, he noticed a high volume of defendants having drug or mental health issues m— or combinations.
“What I found was that was not being addressed,” Abaray said, adding that it is being better addressed now. “I do think the legislator should give more credence and sentencing departures for those types of things. But by the same token, if you are a mental health person, you’re committing violent crimes, you need to be locked up. There comes a point where you just have to be separated from society because you’re just a danger.”
But, he added, he doesn’t want to incarcerate everyone with a mental health issue who has committed a crime.
“Not at all — I want them to get help, but there needs to be a better effort from the courts and the (legislature) to make sure that these mental health issues are addressed before we just lock them up and throw away the key,” Abaray said.
Endorsements
Abaray has not been endorsed by any group or individual. He said he really hasn’t had time to campaign or solicit endorsements. He said his sister, who lives out of town and has received a cancer diagnosis, has had two major surgeries in recent months and his mother-in-law has been placed under hospice care in his home.
Combee has been endorsed by the Florida Association of State Troopers and Polk County Sheriff Grady Judd.
“She has been an excellent judge,” Judd said Thursday evening. “She’s brilliant, she’s fair and she needs to retain her seat. She’s the kind of judge we need in the 10th Judicial Circuit.”
History of lawsuits
Both candidates have been involved in lawsuits over the years — Abaray far more than Combee.
Combee had to sue a client for a $435 payment in 2009, which she was granted.
She and three appellate judges were sued in 2015 by a defendant, who was serving a life sentence for three counts of sexual battery upon a child less than 12 years old, two counts of lewd and lascivious molestation upon a child and one count of promoting a sexual performance of a child. The suit was dismissed.
Combee was issued three traffic tickets in a single incident in July 2022: improper passing on the right, failure to drive in a single lane, and failure to obey a traffic control device. She took a driver’s course and all charges were dismissed.
In June, she received a ticket for improper passing on the right. She opted to take a driving course and paid a $160 fine.
Abaray has been involved in multiple lawsuits in the last 23 years, both as the plaintiff and defendant.
- In 2001, a defendant Abaray had represented as an assistant public defender, Kevin Fulwood, sued him and the public defender for $15,000 for malpractice. The case was dismissed.
- In 2002, he and his then-wife sued Tyler Homes for defects they found in the home the company built for them. The amount was for between $5,000 and $15,000. Abaray agreed to dismiss the lawsuit.
- In 2008, his wife filed for divorce. Later that same year, John Bern, Custome Built Pools, sued the Abarays, alleging non-payment. They counter-sued alleging the pool work was not completed. The Abarays lost the suit and were ordered to pay $4,400. But then both parties dropped their lawsuits.
- In 2016, Nationwide Insurance Company of America sued Abaray and his law office, alleging that he had cashed a double payment from a lawsuit settlement in which Abaray had represented two clients. The checks were both for $25,000. Nationwide lost the lawsuit and Abrary kept the second payment.
- In 2017, Abaray sued McKibben Motor Sports for damaging his boat when they improperly installed an outboard motor. Abaray won and McKibben was ordered to pay Abaray $431, along with $130 in court costs and more than $200 in attorney’s fees.
- In 2020, Abaray sued a couple and their insurance company for $31,000 following a car accident. He stated that their car hit him, causing pain and suffering and bodily injury, diability, disfigurement, mental anguish and loss of capacity for the enjoyment of life, expenses of hospitalization, nursing care and treatment. They settled out of court before trial.
- In 2021, Abaray sued his home’s insurance company, Olympus Insurance Company, for $5,137. The case was settled out of court the next year. In 2023, he sued them again for $75,000-$100,000. A month later, Abaray and Olympus settled out of court for an undisclosed sum.
- In 2022, he sued Agape Lawns & Painting, doing business as Epoxy Paver Sealing Guy out of Lakeland for $1,750 after Abaray said the company failed to finish properly cleaning, sanding and sealing his driveway, sidewalks and patio. Abaray won in the amount of $1,980, which included court costs. When the company did not pay, Abaray filed a motion in court to find them in contempt and won that, too.
- In July 2023, he sued ALG Vacations Corporation, which was doing business as Southwest Vacation, for less than $8,000. None of the court filings stated why Abaray was suing. It was settled out of court within six weeks for an undisclosed sum.
- Also in 2023, Abaray sued Ticketmaster for a refund of $1,242 for concert tickets — first for Journey/The Pretenders, which was canceled because of COVID, and then for Alice in Chains, which was also canceled. Within three months, they settled out of court and Abaray dismissed his lawsuit.
- In January, Benjamin and Megan Speed sued Abaray for $50,000 for malpractice, saying he made errors during a court case in which they were suing their insurance company. They say Abaray failed to settle with this insurance company before trial for $120,000. They say he also failed to convey to them that the insurance company had offered to settle for $150,000 days before the trial began. The Speeds lost their case against the insurance company. Abaray has offered to settle with the couple, but the case is ongoing. Abaray is scheduled to be deposed in the case on Aug. 29.
Abaray, Greg v. Walt Disney Parks
The most recent lawsuit involving Abaray received statewide media coverage. In February, Abaray filed a lawsuit against Walt Disney Parks and Resorts and a Chuck Doe for more than $50,000 related to a December 2022 incident at Jellyroll Piano Bar.
Abaray and his wife paid $36 each to enter the bar, then ordered three drinks: an alcoholic drink for his wife, a Red Bull for Abaray and a cocktail called a “blowjob” for his daughter. A bartender brought the couple an opened Michelob Ultra and Abaray’s Red Bull, saying she would have to make his daughter’s cocktail. When she came back with the cocktail, he told her that they had not ordered the Michelob Ultra.
His wife paid for the three drinks they had ordered, but a manager got involved and when they refused to pay for the beer, they were ordered to leave. As Abaray was leaving, he saw that the manager, Chuck Doe, had backed up his petite wife against a pillar and was angrily yelling at her. Abaray went to help his wife and the couple was ordered again to leave. When Abaray went to retrieve his cell phone, which he had left on a table, Doe stopped him twice.
Abaray, who held annual passes, was permanently banned from all Disney properties, including parks, hotels and restaurants. When the ban wasn’t lifted after a year, Abaray sued. He claimed bodily injury resulting in pain and suffering, mental anguish, loss of a capacity for the enjoyment of life, expensive medical treatment, loss of the ability to earn money and aggravation of a pre-existing condition. He dropped that part of the lawsuit in April.
Abaray said Thursday evening that he and Disney settled the suit earlier that day for an undisclosed sum. He added that his ban is being lifted.
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I wish this article had been published before I had to send in my mail-in ballot. I would have changed my vote.