Florida Supreme Court justice vacancies (January 2019)
 |
|---|
| Lewis, Pariente, and Quince Vacancies Florida Supreme Court |
| Vacancy date |
| Vacancy status |
| Nomination date |
| (1) January 9, 2019 (2) January 14, 2019 (3) January 22, 2019 |
| Table of contents |
|
Appointee candidates Selection process Noteworthy events About Justices Lewis, Pariente, and Quince |
| See also |
| Recent news External links Footnotes |
Florida Supreme Court Justices Fred Lewis, Barbara Pariente, and Peggy Quince retired January 7, 2019. The justices were required to leave the court because they reached a mandatory retirement age.[1]
On January 9, 2019, Gov. Ron DeSantis (R) appointed Judge Barbara Lagoa to succeed Lewis. Lewis' seat was reserved for a resident of the state's Third Appellate District. Lagoa was DeSantis' first appointment to the seven-member court.[2][3]
DeSantis appointed Robert J. Luck to the state supreme court on January 14, 2019, effective immediately.[4] Luck was DeSantis' second appointment to the court.
DeSantis appointed Carlos G. Muñiz to the state supreme court on January 22, 2019, effective immediately.[5] Muñiz was DeSantis' third appointment to the court.
To read more about other state supreme court vacancies across the country that are filled by appointments, click here.
The appointees
Barbara Lagoa
- See also: Barbara Lagoa
At the time of her appointment to the Florida Supreme Court, Judge Barbara Lagoa was a judge on the Florida Third District Court of Appeal. Gov. Jeb Bush (R) appointed Lagoa to the appellate court in June 2006. She was retained in 2014.[6]
Lagoa previously practiced law in both civil and criminal areas. She worked as an assistant United States Attorney for the U.S. Attorney’s Office for the Southern District of Florida from 2003 to 2006.[2][6]
Lagoa graduated from Florida International University in 1989 and received her J.D. from Columbia University in 1992. During her legal studies, she served as an editor on the Columbia Law Review.[2]
Robert Luck
- See also: Robert J. Luck
At the time of his appointment to the Florida Supreme Court, Judge Robert J. Luck was a judge on the Florida Third District Court of Appeal. Gov. Rick Scott (R) appointed Luck to the appellate court in February 2017, to succeed retired Judge Frank Shepherd.[7]
Luck was previously a judge on the 11th Circuit Court of Florida from 2013 to 2017. He was appointed to the court by Gov. Scott on June 26, 2013.
Luck received his bachelor's degree in economics, with highest honors, from the University of Florida. He obtained his J.D., magna cum laude, from the University of Florida College of Law. During his legal studies, Luck served as editor-in-chief of the Florida Law Review.[6]
Carlos G. Muniz
- See also: Carlos Muñiz
At the time of his appointment to the Florida Supreme Court, Carlos G. Muñiz was general counsel to the U.S. Department of Education. President Donald Trump (R) appointed Muñiz to this position in 2018.[5]
Before serving as general counsel, Muñiz was deputy general counsel for former Florida Governor Jeb Bush (R) and chief of staff for former Florida Attorney General Pam Bondi (R).[5]
Muñiz also worked as a lawyer for GrayRobinson and McGuire Woods.[5]
Muñiz obtained a B.A. with high honors from the University of Virginia in 1991. He received a J.D. from Yale Law School in 1997. During his legal studies, Muñiz served as an editor of the Yale Law Journal.[8]
The selection process
- See also: Judicial selection in Florida
As of this appointment process, a judicial nominating commission screened potential judicial candidates for the Florida Supreme Court, submitting a list of three to six nominees to the governor. The governor would have to appoint a judge from this list.[9]
Newly appointed judges would serve for at least one year, after which they would appear in a yes-no retention election to be held during the next general election. If retained, judges would serve six-year terms.[9]
Appointee candidates and nominations
On November 27, 2018, the Florida Supreme Court Judicial Nominating Commission sent Governor Ron DeSantis (R) a list of 11 nominees to fill the vacancies of Peggy Quince, Barbara Pariente, and Fred Lewis. The nominees were selected from a group of 59 applicants.[10][11]
The list included seven appellate court judges, two trial court judges, and two lawyers. Nine of the nominees said in their applications that they were members of the Federalist Society, a group that described its mission as to challenge what the group considers to be "a form of orthodox liberal ideology which advocates a centralized and uniform society" in the legal profession.[10]
The nominees included:
- John D. Couriel, a partner in the law firm of Kobre & Kim in Miami, Florida.
- Judge Jonathan D. Gerber of the Florida Fourth District Court of Appeal. Gerber was appointed to this court by then-Republican Gov. Charlie Crist in 2009.
- Judge Jamie Rutland Grosshans of the Florida Fifth District Court of Appeal. Gov. Rick Scott (R) appointed Grosshans to this court in 2018.
- Judge Jeffrey T. Kuntz of the Florida Fourth District Court of Appeal. Scott appointed Kuntz to this court in 2016.
- Judge Bruce Kyle of the Florida 20th Circuit Court in Lee County. Kyle was elected to the court in 2006.
- Judge Barbara Lagoa of the Florida Third District Court of Appeal. Gov. Jeb Bush (R) appointed her to this court in 2006.
- Judge Robert J. Luck of the Florida Third District Court of Appeal. Scott appointed Luck to this court in 2017.
- Judge Timothy D. Osterhaus of the Florida First District Court of Appeal. Scott appointed Osterhaus to this court in 2013.
- Judge Samuel Salario of the Florida Second District Court of Appeal. Scott appointed Salario to this court in 2014.
- Judge Anuraag Singhal of the Florida 17th Circuit Court. Scott appointed Singhal to this court in 2011.[10]
Note: The positions listed above were accurate as of November 2018, when the individuals were included as potential nominees to the state supreme court.
Noteworthy events
State supreme court ruling on Gov. Scott's authority to appoint successors
Legal challenge
On September 11, 2018, Gov. Rick Scott (R) directed the state Supreme Court Judicial Nominating Commission (JNC) to submit nominees by November 10 to replace Florida Supreme Court Justices Peggy Quince, Barbara Pariente, and Fred Lewis. The three justices retired January 7, 2019, after reaching a mandatory retirement age.[1]
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. As of October 2018, there were seven members on the state Supreme Court, including 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.[12]
The JNC selects three to six nominees for each court vacancy and the governor decides which of the nominees to appoint. As of October 2018, five of the nine members on the commission were appointed by Gov. Scott and four were selected by Scott from a list provided by the Florida Bar Association.[13]
On September 20, the League of Women Voters of Florida and Common Cause Florida filed a lawsuit asking the supreme court to prohibit Scott from making the appointment. They argued Scott did not have the authority to appoint replacements because, they said, his term expired before the terms of the justices.[14] Click here to read the petition.
On September 26, Scott's attorneys filed a response brief arguing the governor should be allowed to continue the process for selecting successors.[15] The attorneys also argued Scott's actions followed precedents set by previous governors.[16]
In 2017, the League of Women Voters and Common Cause filed a similar legal challenge questioning Scott's authority to appoint the justices. The plaintiffs argued Scott should not be able to appoint new justices because he left office January 7, 2019. They believed Scott's successor, who was elected in the November 6, 2018, gubernatorial election, should appoint the new justices. The state supreme court dismissed the case in December 2017, saying it was too soon to decide on the issue.[1][17]
State supreme court ruling against Scott
On October 15, the Florida Supreme Court ruled only the next governor, not Gov. Scott, could appoint replacements to the retiring justices. The order said Scott exceeded his authority by directing the JNC to forward a list of nominees.[18]
The order said:
| “ | 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.[19] | ” |
Click here to read the full order.
The Florida Constitution states judges' terms expire at midnight between January 7 and January 8. The constitution also says the governor's term begins "on the first Tuesday after the first Monday in January," which in 2019 was January 8.[20]
Implications for gubernatorial election and court's ideological balance
Tallahassee Mayor Andrew Gillum (D), former U.S. Rep. Ron DeSantis (R), and five others ran in the general election on November 6, 2018, for Florida's governorship.
Elections forecasters called this race a toss-up. Incumbent Gov. Scott, who was term-limited, won the 2010 election by 1.2 percentage points and the 2014 election by 1 percentage point. Previous presidential elections were closely-contested as well. Donald Trump (R) won the 2016 presidential election by 1.2 percentage points, while Barack Obama (D) won the 2012 election by 0.9 percentage points and the 2008 election by 2.8 percentage points.
Responses to the ruling
- Gray Rohrer writing in the Sun-Sentinel: "If Republican Ron DeSantis wins the governor’s race, he’ll be able to move the court to a solid conservative majority. If Democrat Andrew Gillum wins, he could possibly preserve the liberal majority."[21]
- David Smiley of the Tribune News Service: "Republican Ron DeSantis or Democrat Andrew Gillum will control the tilt of the seven-member court, potentially swaying a generation of precedent-setting legal opinions on issues like labor, school vouchers, gun rights and healthcare."[12]
- A spokeswoman for EMILY's List: "November's election already held huge consequences for women and families across Florida. Now, the stakes couldn't be higher."
- A spokesman for the Florida GOP: "With a 4-3 majority currently, the liberals have owned the Florida Supreme Court for decades. Now, THREE of the liberal Justices are facing mandatory retirement and either Ron DeSantis or Andrew Gillum will replace them."[22]
- Gillum released the following statement: "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."[23]
- A spokesman for DeSantis: "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."[22]
About the justices
Justice Lewis
- See also: Fred Lewis
Lewis was an associate justice of the seven-member Florida Supreme Court from 1998 to 2019. Gov. Lawton Chiles (D) appointed Lewis to the court in 1998. Lewis was retained in 2006 and 2012. He served as chief justice of the court from 2006 until 2008.[6]
Prior to his judicial appointment, Lewis served in the U.S. Army. He was in the ROTC program at the University of Miami and attended the U.S. Army A.G. School. He also worked in private practice.[6]
Lewis earned his undergraduate degree, cum laude, from Florida Southern College in 1969 and his J.D. from the University of Miami School of Law in 1972.[6]
Justice Pariente
- See also: Barbara Pariente
Pariente was an associate justice of the seven-member Florida Supreme Court. Gov. Lawton Chiles (D) appointed her to the court in 1997. Pariente was retained in 2006 and 2012. She served as chief justice of the court from 2004 until 2006.[6]
Prior to her appointment to the state supreme court, Pariente was a judge for the Florida Fourth District Court of Appeal from 1993 to 1997. Her professional experience also included working as an attorney in private practice. She was a law clerk to the Hon. Norman Roettger of the United States District Court for the Southern District of Florida from 1973 to 1977.[6]
Pariente earned an undergraduate degree from Boston University. She obtained a J.D. from George Washington University Law School in 1973.[6]
Justice Quince
- See also: Peggy Quince
Quince was an associate justice of the seven-member Florida Supreme Court. She was appointed to the court in the state's assisted appointment method of judicial selection on December 8, 1998, by the late Gov. Lawton Chiles (D) and then Governor-elect Jeb Bush (R). Quince served as chief justice of the court from 2008 until 2010.[6]
Quince was the first African American woman to serve as chief justice of the supreme court. She was also the second African American and third female to serve on the court.[6]
Prior to joining the supreme court, Quince was a judge on the Florida Second District Court of Appeal from 1993-1998. Her professional experience also included working as an assistant attorney general and as an attorney in private practice.[6]
Quince earned an undergraduate degree in zoology in 1970 from Howard University. SHe obtained a J.D. from the Catholic University of America in 1975.[6]
Other state supreme court appointments in 2019
- See also: State supreme court vacancies, 2019
The following table lists vacancies to state supreme courts that opened in 2019. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2020.
| 2019 judicial vacancies filled by appointment | |||||
|---|---|---|---|---|---|
| Court | Date of Vacancy | Justice | Reason | Date Vacancy Filled | Successor |
| Florida Supreme Court | January 7, 2019 | Fred Lewis | Retirement | January 9, 2019 | Barbara Lagoa |
| Florida Supreme Court | January 7, 2019 | Barbara Pariente | Retirement | January 14, 2019 | Robert J. Luck |
| Florida Supreme Court | January 7, 2019 | Peggy Quince | Retirement | January 22, 2019 | Carlos Muñiz |
| Kentucky Supreme Court | January 31, 2019 | Bill Cunningham | Retirement | March 27, 2019 | David Buckingham |
| Mississippi Supreme Court | January 31, 2019 | William Waller | Retirement | December 19, 2018 | Kenny Griffis |
| North Carolina Supreme Court | February 28, 2019 | Mark Martin | Private sector[24] | March 1, 2019 | Cheri Beasley |
| North Carolina Supreme Court | March 1, 2019 | Cheri Beasley | Apppointed to new post[25] | March 11, 2019 | Mark Davis |
| Arizona Supreme Court | March 1, 2019 | John Pelander | Retirement | April 26, 2019 | James Beene |
| Oklahoma Supreme Court | April 10, 2019 | Patrick Wyrick | Elevation to a federal judgeship[26] | November 20, 2019 | Dustin Rowe |
| Oklahoma Supreme Court | April 30, 2019 | John Reif | Retirement | September 17, 2019 | M. John Kane IV |
| Arizona Supreme Court | July 3, 2019 | Scott Bales | Private sector[27] | September 4, 2019 | Bill Montgomery |
| Texas Supreme Court | July 31, 2019 | Jeff Brown | Elevation to a federal judgeship[28] | August 26, 2019 | Jane Bland |
| New Hampshire Supreme Court | August 23, 2019 | Robert Lynn | Retirement | January 7, 2021 | Gordon MacDonald |
| Virginia Supreme Court | September 1, 2019 | Elizabeth McClanahan | Retirement | February 15, 2019 | Teresa M. Chafin |
| Vermont Supreme Court | September 1, 2019 | Marilyn Skoglund | Retirement | December 5, 2019 | William Cohen |
| Kansas Supreme Court | September 8, 2019 | Lee Johnson | Retirement | December 16, 2019 | Evelyn Z. Wilson |
| Delaware Supreme Court | October 30, 2019 | Leo E. Strine Jr. | Retirement | November 7, 2019 | Collins Seitz Jr. |
| Iowa Supreme Court | November 15, 2019 | Mark Cady | Death | January 28, 2020 | Dana Oxley |
| Florida Supreme Court | November 19, 2019 | Robert J. Luck | Elevation to a federal judgeship[29] | September 14, 2020 | Jamie Rutland Grosshans |
| Florida Supreme Court | November 20, 2019 | Barbara Lagoa | Elevation to a federal judgeship[30] | May 26, 2020 | John D. Couriel |
| Kansas Supreme Court | December 17, 2019 | Lawton Nuss | Retirement | March 11, 2020 | Keynen Wall |
| Maine Supreme Court | December 2019 | Jeffrey Hjelm | Retirement | January 6, 2020 | Catherine Connors |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 WJCT, "Gov. Scott Starts Process To Replace 3 Fla. Supreme Court Justices," September 12, 2018
- ↑ 2.0 2.1 2.2 Ron DeSantis, 46th Governor of Florida, "Governor Ron DeSantis Appoints Barbara Lagoa to the Florida Supreme Court," January 9, 2019
- ↑ Florida Politics, "Ron DeSantis selects Miami’s Robert Luck as next Supreme Court justice," January 14, 2019
- ↑ Ron DeSantis, 46th Governor of Florida, "Governor Ron DeSantis Appoints Robert Luck to the Florida Supreme Court," January 14, 2019
- ↑ 5.0 5.1 5.2 5.3 Courthouse News Service, "Florida Governor Makes Final Pick for High Court," January 22, 2019
- ↑ 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 Third District Court of Appeal, "Judge Lagoa Bio" Cite error: Invalid
<ref>tag; name "bio" defined multiple times with different content Cite error: Invalid<ref>tag; name "bio" defined multiple times with different content Cite error: Invalid<ref>tag; name "bio" defined multiple times with different content - ↑ Governor Rick Scott, "Governor Scott Appoints Judge Robert J. Luck to Third District Court of Appeal," February 8, 2017
- ↑ Ron DeSantis, 46th Governor of Florida, "Governor Ron DeSantis Appoints Carlos Muñiz to the Florida Supreme Court," January 22, 2019
- ↑ 9.0 9.1 American Judicature Society, "Methods of Judicial selection: Florida," archived October 2, 2014
- ↑ 10.0 10.1 10.2 Daily Commercial, "Conservative court nominees teed up for DeSantis," November 27, 2018
- ↑ The Federalist Society, "About Us," accessed November 30, 2018
- ↑ 12.0 12.1 Governing, "Raising Stakes of Florida Governor's Race, Power to Replace 3 Supreme Court Justices Will Go to Winner," October 16, 2018
- ↑ Florida Times-Union, "Rick Scott has already influenced who will be selected for Florida Supreme Court," October 16, 2018
- ↑ Orlando Weekly, "Groups challenge Rick Scott's move to appoint Florida Supreme Court justices," September 21, 2018
- ↑ U.S. News & World Report, "Florida Governor: Throw Out Lawsuit Over New Justices," September 26, 2018
- ↑ Orlando Weekly, "Rick Scott reasserts right to appoint justices to Florida Supreme Court before leaving office," September 27, 2018
- ↑ Governing, "Process to Pick 3 New Florida Supreme Court Justices Begins," September 13, 2018
- ↑ News4Jax.com, "Florida Supreme Court: Next governor to appoint justices," October 15, 2018
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Slate, "The Florida Supreme Court Just Stopped Rick Scott From Packing It After His Term Ends," October 15, 2018
- ↑ Sun-Sentinel, "Next governor — not Rick Scott — to appoint new justices, court rules," October 16, 2018
- ↑ 22.0 22.1 Governing, "Raising Stakes of Florida Governor's Race, Power to Replace 3 Supreme Court Justices Will Go to Winner," October 16, 2018
- ↑ Andrew Gillum for Governor, "Mayor Andrew Gillum on Florida Supreme Court Decision," October 15, 2018
- ↑ Martin left the court to become the dean of Regent University Law School in Virginia Beach, Virginia.
- ↑ Beasley was appointed chief justice of the court.
- ↑ Wyrick was confirmed to a seat on the Western District of Oklahoma on April 9, 2019.
- ↑ Bales left the court to become executive director of the Institute for the Advancement of the American Legal System at the University of Denver.
- ↑ Brown was confirmed to a seat on the Southern District of Texas on July 31, 2019.
- ↑ Luck was confirmed to a seat on the United States Court of Appeals for the 11th Circuit on November 19, 2019.
- ↑ Lagoa was confirmed to a seat on the United States Court of Appeals for the 11th Circuit on November 20, 2019.
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Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida
State courts:
Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court
State resources:
Courts in Florida • Florida judicial elections • Judicial selection in Florida
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