When Andrea Ruth Gundersen ran for an open circuit judgeship in Broward in 2016, political odds-makers gave her little chance of winning. But the long-time family lawyer with a lengthy history of community involvement defeated both of her rivals.
It’s six years later, and Gundersen, 66, faces criticism of her record from a well-prepared lawyer with an equally impressive record of community work and the poise of someone much older.
The Sun Sentinel recommends that voters choose the 38-year-old challenger, divorce lawyer Lauren Melissa Alperstein of Cooper City.
Alperstein has been with the firm of Boies Schiller Flexner in Hollywood her entire 14-year career since she graduated from the University of Florida Levin College of Law. She is active on Florida Bar committees, the David Posnack Jewish Community Center and Jewish Federation of Broward County. She was honored as attorney of the year in 2021 by Legal Aid Services of Broward County for her volunteer legal work, and has served as a guardian ad litem as a legal representative of a child in abuse cases.
“I never went to law school to end up as a law partner at a big law firm,” Alperstein said in a Sun Sentinel editorial board interview. “I went to law school because I wanted to help people.”
The challenger claims many lawyers encouraged her to run against Gundersen, but she has declined to identify any of them. Alperstein has sought judicial appointments four times without success through the Judicial Nominating Commission, and veteran campaign consultant Barbara Miller is advising her on this campaign.
Gundersen, born into a working-class family in suburban Boston, graduated from Nova Southeastern University’s law school in 1992 and started a solo law practice. After serving as a family law judge, her docket now consists of non-jury foreclosure cases.
Two of Gundersen’s reversals by the Fourth District Court of Appeal are worthy of note.
In Benedict v. Benedict, the appellate court faulted Gundersen for denying the former husband “a meaningful opportunity to be heard” in a divorce case in which he acted as his own lawyer.
In a paternity case, Walters v. Petgrave, Gundersen was reversed for failure to allow a mother to fully present her case, citing time limitations. Both cases were remanded or returned to Gundersen’s Fort Lauderdale courtroom.
The judge has a reputation in legal circles for a brusque demeanor, which raises questions about judicial temperament. She said she has worked diligently to manage the “learning curve” on the bench and that some criticism of her style is from lawyers who have lost cases in her court.
“I’m sure that I was a little bit sterner and stricter when I started. But I learned,” Gundersen told the editorial board.
A sizeable part of the legal community appears to have made up its mind about this race.
Through July 1 Alperstein had raised $178,000 in campaign contributions, compared to Gundersen’s $26,000. The judge also has loaned her effort $70,000, and Alperstein loaned her race $15,000. It’s unusual for an incumbent to be on the short end of such a wide disparity in fund-raising.
All Broward voters are eligible to vote in this nonpartisan race on the Aug. 23 ballot.
Circuit judges serve six-year terms and are paid about $182,000 a year (Alperstein reported $220,000 in income last year at Boies Shiller Flexner).
This is a closer call than some other Broward judicial races.
Alperstein said she drew inspiration from her legal family (her father, Gary Marks, is a long-time personal injury lawyer; her grandfather, Marvin Marks, practiced law in Broward and Miami-Dade in a time of virulent anti-Semitism).
A tenacious candidate with a bright legal future, Alperstein provided more comprehensive responses to our questionnaire than her opponent, and her interview skills are sharper.
There is one issue she won’t discuss: Alperstein, two colleagues and her firm were sued by a former client in a divorce case, Sabrina Seureau, who made claims that included overbilling and inadequate legal representation. Both sides settled in February. Terms are confidential.
Gundersen has been a highly active member of the Broward community. She has the support of the local Police Benevolent Association and the Broward Teachers Union; Alperstein said that neither group interviewed her.
The judge’s reversals on appeal raise concerns about procedural and substantive due process. All litigants fully deserve their day in court.
For Broward Circuit Judge Group 9, the Sun Sentinel recommends Lauren Melissa Alperstein.
Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its staff members. The Editorial Board consists of Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney and Editor-in-Chief Julie Anderson.
