Florida Supreme Court rules next governor will appoint three supreme court justices
The Florida Supreme Court ruled only the next governor, not incumbent Rick Scott (R), could appoint replacements for state Supreme Court Justices Barbara J. Pariente, R. Fred Lewis, and Peggy Quince, all of whom are retiring at the end of their terms January 7, 2019. Pariente and Lewis were appointed by Gov. Lawton Chiles (D) in 1997 and 1998, respectively. Quince's appointment was a joint decision between Chiles and incoming Gov. Jeb Bush (R) in December 1998.
The seven-member Florida Supreme Court is currently comprised of the three Chiles appointees, three appointees from Gov. Charlie Crist (who was elected as a Republican but later switched to the Democratic Party), and one appointee from Gov. Scott.
In Florida, a judicial nominating commission screens potential judicial candidates, submitting a list of three to six nominees to the governor. The governor must appoint a judge from this list. Florida is one of 24 states that uses this system of assisted appointment. Newly appointed judges serve for at least one year, after which they appear in a yes-no retention election held during the next general election. If retained, judges serve six-year terms.
Earlier this year, Scott asked the Judicial Nominating Commission (JNC) to submit nominations by November 10 to fill the vacancies. The court order said Scott exceeded his authority.
The order granted a writ of quo warranto requested by the League of Women Voters of Florida and Common Cause Florida in September. The groups argued Scott's term would expire before the terms of the justices and therefore the next governor should appoint replacements. Scott's attorneys argued his actions followed precedent set by previous governors.
Tallahassee Mayor Andrew Gillum (D), former U.S. Rep. Ron DeSantis (R), and five others are running in the general election on November 6, 2018, for Florida's governorship. Elections forecasters call this race a toss-up.
Gillum released the following statement after the decision, "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. 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."
A spokesman for DeSantis said, "If Andrew Gillum is elected, out-of-state, radical groups would pressure him to appoint activist judges who would legislate from the bench to fit their own ideology. The consequences of this would be felt for generations, and it would be dangerous for every person in our state."
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