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RETENTION VOTE FOR 5TH DISTRICT COURT OF APPEAL

Two judges on the 5th District Court of Appeal in Daytona Beach, Gilbert S. Goshorn Jr. and Charles M. Harris, are on the ballot Tuesday for merit retention. The merit retention system, in effect since 1976, requires state Supreme Court justices and appeals court judges to be approved by the public in the first general election after their appointment and every six years after that.

Harris has been on the appeals court since November 1989 and Goshorn since January 1989. There are no opposing candidates.

Under the rules of merit retention, unless there is active opposition, the judges cannot campaign actively for retention. Voters vote either "yes" or "no" to retain the judges.

In a poll by the Florida Bar of lawyers who were familiar with the work of Goshorn and Harris, 90 percent recommended Goshorn and 89 percent recommended Harris.

The two worked together in private practice in Titusville before becoming members of the judiciary.

Harris was a circuit judge in Titusville from 1984 to 1989. Goshorn was a circuit judge from 1980 to 1988 and was chief judge of the 18th Judicial Circuit for part of that time.

_ DAN DeWITT

THE JOB

The 5th District Court of Appeal is based in Daytona Beach and includes Citrus, Hernando, Lake, Marion, Sumter, Flagler, Putnam, St. Johns, Volusia, Orange, Osceola, Brevard and Seminole counties. The nine judges hear appeals of cases that cannot be appealed directly to the Supreme Court or to a circuit court. Each is paid $91,782 a year.

CANDIDATE

GILBERT S. GOSHORN JR., 55, was born in Chicago, moved to Florida in 1937 and earned his undergraduate and law degrees from the University of Florida. He began a private practice in Jacksonville in 1959, moved to Titusville in 1962 and opened his own practice there in 1968, specializing in real estate, corporate and banking law. He also was Brevard County attorney. Goshorn became a judge in the 18th Judicial Circuit in 1980 and took the bench on the 5th District Court of Appeal in January 1989. He is married and has three children. ASSETS: Home, mutual funds. LIABILITIES: Mortgage, home equity loan. INCOME: Judge's salary, interest from mutual funds.

CANDIDATE

CHARLES M. HARRIS, 55, was born in Arkansas and earned his undergraduate degree from College of the Ozarks and his law degree from the University of Florida. Harris has been a member of the Florida Bar and the Brevard County Bar since 1964. Before taking the bench on the Court of Appeal in November 1989, he had been a circuit judge in Titusville since 1984. He was on the board of directors of the Brevard County Bar twice in the 1970s and also has worked in private practice. He is married and has four children. ASSETS: Three houses, cars. LIABILITIES: Mortgages on two houses. INCOME: Judge's salary.

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