Florida First District Court of Appeal: Difference between revisions
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Revision as of 16:45, 31 May 2021
The Florida First District Court of Appeal is one of five intermediate appellate courts in Florida. It is located in Tallahassee, although it periodically hears oral arguments in other counties. The court currently consists of 15 judges. The Florida Legislature created the First District Court in 1957, along with the Second and Third district courts.[1][2]
The First District encompasses six circuits: the First, Second, Third, Fourth, Eighth and Fourteenth circuits.[3]
| Florida First District Court of Appeal | |||
 | |||
| Court information | |||
| Judges: | 15 | ||
| Founded: | 1957 | ||
| Salary: | Associates: $223,318[4] | ||
| Judicial selection | |||
| Method: | Assisted appointment | ||
| Term: | 6 years | ||
Judges
| Judge | Tenure | Appointed By |
|---|---|---|
|
June 11, 2015 - Present |
Rick Scott |
|
|
December 23, 2014 - Present |
Rick Scott |
|
|
January 18, 2007 - Present |
Charlie Crist |
|
|
September 15, 2009 - Present |
Charlie Crist |
|
|
2011 - Present |
Rick Scott |
|
|
April 16, 2015 - Present |
Rick Scott |
|
|
May 20, 2013 - Present |
Rick Scott |
|
|
2001 - Present |
Jeb Bush |
|
|
2019 - Present |
Ron DeSantis |
|
|
June 30, 2020 - Present |
Ron DeSantis |
|
|
June 20, 2016 - Present |
Rick Scott |
|
|
June 17, 2025 - Present |
Ron DeSantis |
Judicial selection
Like Florida's supreme court justices, judges of the district courts of appeal are nominated by the state's judicial nominating commission and then appointed by the governor. They serve six-year terms and are re-elected through retention elections. Judges serve for at least one year before facing a retention election at the first general election following appointment. Terms begin on the first Tuesday (following the first Monday) in the January following a retention election.[3][5][6]
See also: Judicial selection in Florida
Qualifications
To be considered for appointment, a candidate must be:
- a qualified elector;
- a Florida resident;
- admitted to practice law in Florida for at least 10 years;
- no more than 70[7]
Salary
The annual salary for judges of the Florida District Courts of Appeal has been $154,140 since 2013.[8]
Elections
For details about Florida's judicial elections, visit the Florida judicial elections page.
2020
- Main article: Florida intermediate appellate court elections, 2020
Judges with expiring terms
- This is a list of the justices who had to stand for retention election in 2020 in order to remain on the bench. Justices could choose not to stand for election.
■ Joseph Lewis
■ Scott D. Makar
■ Rachel Nordby
■ Timothy D. Osterhaus
■ L. Clayton Roberts
■ Adam Tanenbaum
2016
- Main article: Florida judicial elections, 2016
Judges who faced retention
■ James Wolf
■ Ross L. Bilbrey
■ T. Kent Wetherell
■ Lori S. Rowe
■ Susan Kelsey
■ Thomas D. “Bo” Winokur
Election results
November 8 general election
James Wolf was retained in the Florida First District Court of Appeal, Wolf's Seat election with 62.52% of the vote.
| Florida First District Court of Appeal, Wolf's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
 James Wolf | 62.52% | |
| Source: Florida Division of Elections Official Results | ||
Ross L. Bilbrey was retained in the Florida First District Court of Appeal, Bilbrey's Seat election with 63.25% of the vote.
| Florida First District Court of Appeal, Bilbrey's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Ross L. Bilbrey | 63.25% | |
| Source: Florida Division of Elections Official Results | ||
T. Kent Wetherell was retained in the Florida First District Court of Appeal, Wetherell's Seat election with 62.23% of the vote.
| Florida First District Court of Appeal, Wetherell's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| T. Kent Wetherell | 62.23% | |
| Source: Florida Division of Elections Official Results | ||
Lori S. Rowe was retained in the Florida First District Court of Appeal, Rowe's Seat election with 63.53% of the vote.
| Florida First District Court of Appeal, Rowe's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Lori S. Rowe | 63.53% | |
| Source: Florida Division of Elections Official Results | ||
Susan Kelsey was retained in the Florida First District Court of Appeal, Kelsey's Seat election with 64.94% of the vote.
| Florida First District Court of Appeal, Kelsey's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Susan Kelsey | 64.94% | |
| Source: Florida Division of Elections Official Results | ||
Thomas D. “Bo” Winokur was retained in the Florida First District Court of Appeal, Winokur's Seat election with 61.52% of the vote.
| Florida First District Court of Appeal, Winokur's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Thomas D. “Bo” Winokur | 61.52% | |
| Source: Florida Division of Elections Official Results | ||
2014
Retention
| Judge | Election Vote |
|---|---|
| L. Clayton Roberts | 64.2%  |
| Joseph Lewis | 64.4% |
| Robert Benton | 64.6% |
| Scott D. Makar | 63.8% |
| Timothy D. Osterhaus | 63.4% |
2012
| Judge | Incumbency | Retention vote | Retention Vote % |
|---|---|---|---|
| Bradford Thomas | Yes | 813,714 | 64.5% |
| Ronald V. Swanson | Yes | 821,139 | 64.9% |
| Simone Marstiller | Yes | 785,397 | 61.7% |
| Stephanie Williams Ray | Yes | 837,709 | 66.1% |
Ethics
The Code of Judicial Conduct for the State of Florida sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Florida. It consists of seven canons:
- Canon 1: "A Judge Shall Uphold the Integrity and Independence of the Judiciary"
- Canon 2: "A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge's Activities"
- Canon 3: "A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently"
- Canon 4: "A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice"
- Canon 5: "A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties"
- Canon 6: "Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc."
- Canon 7: "A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity"[9]
The full text of the Code of Judicial Conduct for the State of Florida can be found here.
Removal of judges
Judges in Florida may be removed in one of two ways:
- By a two-thirds vote of the senate after a two-thirds vote for impeachment by the house of representatives
- By the supreme court after a recommendation from the Florida Judicial Qualifications Commission[10]
Jurisdiction
There are six circuits and 32 counties in the First District.[2]
- First Circuit: Escambia, Santa Rosa, Okaloosa and Walton counties
- Second Circuit: Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties
- Third Circuit: Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor counties
- Fourth Circuit: Clay, Duval and Nassau counties
- Eighth Circuit: Alachua, Baker, Bradford, Gilchrist, Levy and Union counties
- Fourteenth Circuit: Bay, Calhoun, Gulf, Holmes, Jackson and Washington counties[3]
Noteworthy cases
Courtroom Weekly: Florida Showdown: College gun ban struck, December 19, 2013
Marissa Alexander freed on bail
Marissa Alexander, who was sentenced to prison on multiple counts of aggravated assault for firing a warning shot at her husband, was let out of prison on December 4, 2013. Her bond was set at $200,009. She served approximately three years of her 20-year sentence before being granted a retrial.[11]
During a heated argument with her husband, Rico Gray, in 2010, Alexander fired a warning shot in the house. Her husband had previously been convicted of domestic violence, and Alexander had a restraining order against him. No one was injured as a result of the incident.[11]
Alexander tried to claim self-defense under Florida’s “stand your ground” law. A concealed carry permit holder, she kept a weapon in her vehicle.[12] She retreated to her car to retrieve a gun, returned to the house and fired the shot near Gray's head after the dispute escalated. According to the state, the statute does not apply if retreat can and has been successfully initiated.[12] Alexander had never been in trouble with the law before.[13]
Because of mandatory minimum statutes on firearms violence, Alexander was sentenced to 20 years in prison. Outcries of excessive punishment and racial bias arose immediately after the trial. Additionally, proximity to the George Zimmerman ruling, which highlighted racial tensions in Florida and also invoked self-defense laws successfully, added to the controversy of this case.[12] Judge James Daniel of the Florida 4th Circuit Court handed down the original sentence in July of 2013.[13]
The First District Court of Appeal determined in September 2013 that the burden of proof had been unfairly laden upon Alexander, and therefore she was not presumed innocent. The ruling resulted in a mistrial, requiring Alexander to be retried.[12][11][14][15]
Alexander was released from jail on January 27, 2015, after taking a plea deal. She pleaded guilty in exchange for credit for three years' time served and two years of electronic monitoring and house arrest.[16]
For the previous story on Marissa Alexander, see: Courtroom Weekly: "Woman convicted for firing warning shot at husband gets a new trial," October 3, 2013
State profile
| Demographic data for Florida | ||
|---|---|---|
| Florida | U.S. | |
| Total population: | 20,244,914 | 316,515,021 |
| Land area (sq mi): | 53,625 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 76% | 73.6% |
| Black/African American: | 16.1% | 12.6% |
| Asian: | 2.6% | 5.1% |
| Native American: | 0.3% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 2.4% | 3% |
| Hispanic/Latino: | 23.7% | 17.1% |
| Education | ||
| High school graduation rate: | 86.9% | 86.7% |
| College graduation rate: | 27.3% | 29.8% |
| Income | ||
| Median household income: | $47,507 | $53,889 |
| Persons below poverty level: | 19.8% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Florida. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Florida
Florida voted Republican in five out of the seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Florida, accounting for 1.94 percent of the total pivot counties.[17]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Florida had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respsectively.
More Florida coverage on Ballotpedia
- Elections in Florida
- United States congressional delegations from Florida
- Public policy in Florida
- Endorsers in Florida
- Florida fact checks
- More...
Recent news
The link below is to the most recent stories in a Google news search for the terms Florida First District Court Appeal. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Florida District Courts of Appeal
- Florida Second District Court of Appeal
- Florida Third District Court of Appeal
- Florida Fourth District Court of Appeal
- Florida Fifth District Court of Appeal
Footnotes
- ↑ Florida First District Court of Appeal
- ↑ 2.0 2.1 Florida First District Court of Appeal, "History of Florida's First District Court of Appeal," accessed August 29, 2015
- ↑ 3.0 3.1 3.2 Florida Courts, "District Courts of Appeal," accessed August 29, 2015 Cite error: Invalid
<ref>tag; name "courts" defined multiple times with different content - ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ Ballotpedia:Florida Constitution, Article V, Section 10 & 11
- ↑ Florida Division of Elections, "FAQ" Scroll to "Candidates: How are judges elected in Florida and what are their terms?"
- ↑ American Judicature Society, "Methods of Judicial Selection: Florida," accessed August 29, 2015
- ↑ National Center for State Courts, "Judicial Salary Tracker," accessed August 15, 2015
- ↑ Florida Supreme Court, "Code of Judicial Conduct for the State of Florida," accessed August 28, 2015
- ↑ American Judicature Society, "Methods of Judicial Selection: Florida, Removal of Judges," accessed August 28, 2015
- ↑ 11.0 11.1 11.2 MSNBC, "Marissa Alexander released from jail for Thanksgiving," November 28, 2013
- ↑ 12.0 12.1 12.2 12.3 Daily Mail, "Florida woman sentenced to 20 years for firing warning shot at husband is released as she awaits new trial," November 28, 2013
- ↑ 13.0 13.1 CBS News, "Florida mom gets 20 years for firing warning shots," July 15, 2013
- ↑ Jacksonville.com, "Marissa Alexander released from jail," November 28, 2013
- ↑ The Florida Times-Union, "Marissa Alexander trial date postponed to Dec. 1," June 10, 2014
- ↑ MSNBC, "Marissa Alexander released from jail," January 27, 2015
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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
