Yesterday, the Florida Supreme Court rebuffed Gov. Rick Scott, who claimed that he had the power to pick replacements for three members of the court whose terms end on the same date that he must leave office.
Justices Barbara Pariente, R. Fred Lewis, and Peggy Quince must step down on January 8th because they will have met the state’s mandatory retirement age. Florida’s Constitution requires justices to retire at age 70 or shortly after, depending on where they are in their terms.
Scott asked the state’s Judicial Nominating Commission (JNC) in September to begin the process of accepting applications, interviewing candidates, and making nominations for appointment. But Common Cause Florida and the League of Women Voters of Florida challenged the governor’s action before the Florida Supreme Court.
The court ruled that “Governor Scott exceeded his authority by directing the Supreme Court Judicial Nominating Commission (“the JNC”) to submit its nominations to fill these vacancies by November 10, 2018.”
It also said that “The governor who is elected in the November 2018 general election has the sole authority to fill the vacancies that will be created by the mandatory retirement of Justices Barbara J. Pariente, R. Fred Lewis, and Peggy A. Quince, provided the justices do not leave prior to the expiration of their terms at midnight between January 7 and January 8, 2019, and provided that the governor takes office immediately upon the beginning of his term.”
John Mills, attorney for the League of Women Voters and Common Cause Florida, said that the voters of Florida have a big decision ahead.
“The people will have a very important say in this matter, especially because both candidates have staked out very different positions on the kinds of people they are looking to appoint to the court,” Mills. “Andrew Gillum has said he will ‘appoint diverse, qualified judges who represent the breadth and depth of people in this state.’ Ron DeSantis has said he will ‘appoint constitutional conservatives’ who will be very different from the retiring justices, who he characterizes as ‘liberal’ and accuses of ‘legislating from the bench for the past 20 years.’ Voters now have the opportunity to factor these positions into their choice for governor.”
Gillum said he agrees with the court ruling and looks forward to making the appointments.
“I am pleased the Florida Supreme Court has brought closure to this important issue finding, as we have consistently stated, that the next Governor of Florida will appoint the next three Supreme Court justices,” Gillum said. “It is a duty I take extremely seriously and, as Governor, one of my top priorities will be to restore integrity to the judicial nominating process.”
The effort by Scott to appoint the justices follows weeks of polling that shows Gillum leading his Republican opponent Ron DeSantis.