Florida First District Court of Appeal
The Florida First District Court of Appeal is one of five intermediate appellate courts in Florida. It is located in Tallahassee.[1]
Judges are appointed by the Governor and serve for at least one year before facing a retention election at the following general election. Once retained, they serve six-year terms, starting from the first Tuesday (after the first Monday) in the January following their retention election.[2][3]
- Published opinions of the Florida First District Court of Appeal can be found here.
| 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
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.[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.
2014
 | The staff at Judgepedia is currently working hard to develop our election pages and insure that we satisfy the needs of our interested readers. This page is still being developed and candidate lists are still being populated. If you would like to assist with elections, please contact: Matt Latourelle. |  |
2012
| Judge | Incumbency | Retention vote | Retention Vote % |
|---|---|---|---|
| Bradford Thomas | |||
| Simone Marstiller | |||
| Ronald V. Swanson | |||
| Stephanie Williams Ray |
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]
Notable 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 has served approximately three years of her 20-year sentence, but she was recently 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 Fourth Circuit Court handed down the original sentence in July of 2013.[13]
The Florida 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]Cite error: Closing </ref> missing for <ref> tag[14]
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.[15]
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.[16]
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
References
- ↑ Florida First District Court of Appeal
- ↑ 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?"
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ Florida First District Court of Appeal, "The Judges of the First District Court of Appeal"
- ↑ Florida Courts, "District Courts of Appeal," accessed April 24, 2014
- ↑ 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 MSNBC, "Marissa Alexander released from jail for Thanksgiving," by Morgan Whitaker, 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
- ↑ 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
