In late May, Gov. Ron DeSantis appointed two justices to the Florida Supreme Court. Renatha Francis was one of the two judges for Florida Supreme Court. She is a Palm Beach County circuit judge.
Her appointment was celebrated for bringing diversity to a court lacking it. She is a Jamaican immigrant and would be the first Black justice, as well as the only female.
However, as initial praise faded, whispers began to emerge in Florida’s legal community asking: “Why her?”
Francis was one 32 applicants to the vacancies at Florida’s highest court. Seven were Black. Some were retired judges who had served decades on the bench. Francis does not have the same experience but she was the only nonwhite nominee of the nine final candidates submitted to the governor.
Here’s the direct challenge: Geraldine Thompson (D-Windermere), argues in a lawsuit against Francis that he is not qualified to be a Supreme Court Justice. Francis is not a member for 10 years of the Florida Bar, which is one of the technical requirements to join the court. Francis will not meet this requirement until Sept. 24,
Although judges are impartial, they can be influenced by politics. DeSantis, as governor, has the power and authority to choose who he wants.
Thompson, who is Black says that the governor should choose someone else. She asks the Supreme Court for an order to make this happen.
All of the justices on the court have law degrees from top-name schools, including Yale, Florida State University, and University of Florida. Before being appointed, they had a combined experience of 20-30 years as judges and lawyers.
Francis, 42, received her law degree at the non-profit Florida Coastal School of Law. Her legal career consisted mainly of working as a clerk or staff attorney at the Tallahassee-based 1st District Court of Appeal. She was a clerk for Judge Peter Webster, and later for Judge Scott Makar. She drafted orders and legal memos for three-judge panels.
Francis joined Shutts and Bowen in 2017, a sprawling, statewide law firm. There she represented insurance companies in personal injuries protection cases. She was there for seven months. She has never tried a case.
Governor. Rick Scott named Francis to the Miami-Dade County Bench. She was not well-known. Rumours circulated about her political views.
Deborah Baker, a South Florida attorney who made friends with Francis and her family, said that she wasn’t well-received by many people in Miami. “But she kept her head up, smiled on her face and tried to build professional relationships,” said Baker.
Francis presided over civil cases. Nicolas Babinsky (an insurance lawyer) appeared before Francis in a bench trial for personal injury.
He said that although she wasn’t an expert in the law area I practice, she was able to take her time and learn the rules. “I found her an excellent and fair judge.”
Scott appointed Francis to the circuit court bench less than one year after she had been a county judge. She was the first appearance judge and set bail for new arrests. She had been there for a little over a year, and she was already running for office.
DeSantis then appointed her to the Palm Beach circuit Court.
Many lawyers found the move unusual. Judges are usually appointed to local courts, where they live and work. Francis didn’t live in Palm Beach County. She beat 39 other applicants to the job.
Francis declined to comment on this story and referred questions to the governor’s offices.
In a recent interview with the Supreme Court Judicial Nominating Commission she was asked about her decision. This panel is responsible for vetting applicants and submitting a final listing to the governor. She said that her husband had a job in Palm Beach County and she was inspired to search for vacancies there.
Phillip Fender is her husband. He is the founder of Transformation Media Group, a consultancy company. He is also the director of House of Protection in Pompano Beach, a faith-based charity whose mission it is to assist troubled families and youth.
Although First Lady Casey DeSantis was invited last year to speak at the House of Protection gala as the keynote speaker, the charity stated that she and the governor were unable to attend.
According to a Miami Community Newspapers news release, guests will include members of the judiciary and attorneys as well as elected officials. The release featured photos of Fender and the first lady as well as the governor. DeSantis.
Fender, 58 years old, claimed he had seen the governor at events, but denied any personal connections. Fender declined to answer any further questions. DeSantis recently appointed him to the Judicial Nominating Commission of Palm Beach County. However, Fender isn’t a lawyer. According to records, he and his wife are registered Republican voters.
In November, his wife was elected to the Palm Beach County bench. She applied for membership to the Florida Supreme Court a month later.
Francis was present before the nine members the Florida Supreme Court Judicial Nominating Commission, in January.
She stated that she was committed to preserving our constitutional government. She explained that the only way to achieve this is to adhere to the original meaning of the text. This approach “ensures judges don’t legislate from the bench,” which she described as “one of our greatest challenges to democracy.”
She stated that she believed in the literal meaning of the law as it was written. She described her judicial philosophy in terms of “textualism and originalism.”
These philosophies are often praised by conservative scholars and politicians. It is important to make judicial decisions based on the text of law and Constitution, instead of relying on prior court rulings or legislative histories.
This mode of thinking was popularized by the late U.S. Supreme Court Justice Antonin Scalia. These ideas are the hallmark of the Federalist Society. This legal organization is known for advocating a conservative, or libertarian, approach to the law.
While he was at Harvard Law School, DeSantis was an active member of the Federalist Society. His “singular test”, which he uses to determine the eligibility of judicial nominees, is adherence to the group’s views, said his general counsel at a Federalist Society convention.
Francis’ Supreme Court application reveals that she is also a member of the Federalist Society and has attended many Federalist Society conventions.
She admitted that she doesn’t have any experience in death penalty cases. These cases make up a large portion of the Supreme Court docket. She said that she is familiar with the issues, having worked on similar cases at the appeals court.
She said, “I have read these opinions and I am familiar with some of them.” “I am certain that I have the skills and knowledge to quickly get involved in these issues.”
Francis addressed the court’s administrative function by citing her Jamaican experience in running businesses. She owned a trucking business and a bar.
In her application, she noted that she graduated from the University of West Indies with high honors. She stated that she was in the top three percent of her law school class. She spoke about her humble beginnings and how her diverse backgrounds could help strengthen the court.
She was asked by a reporter what her peers would think of her in 15 years. Is she still on the court?
She said, “Absolutely.” “My goal is to have a long, meaningful career in the judiciary. … I would say that I adhere to law, that my textualist is a textualist, and that I am an originalist. I also promised to keep those things.
DeSantis made the announcement at a news conference in Miami on May 26th. John Couriel, an ex-federal prosecutor and Harvard-trained lawyer with 16 years of experience in legal matters, was also announced by DeSantis.
Francis was accompanied by her husband and two children at the news conference.
She said, “From humble beginnings to standing here before you all today. I am truly the epitome American dream.”
Rep. Thompson’s lawsuit against Francis’ appointment highlights the importance of diversity at the Supreme Court. It is troubling that there are no Black or Female justices on the Supreme Court, according to the petition.
It describes the backgrounds of each applicant.
Daryl Trawick, a Miami Circuit judge with more than 20 years of experience as a judge, was a former federal prosecutor. He is also a military veteran. Elijah Smiley is a Panama City circuit judge with more than 20 years’ judicial experience. William Thomas, a former public defense attorney and Miami circuit judge from 2004, was also present. Two Black female judges were also present, Cymonie Rowe and Fabienne Fahnestock.
All of them had more than 20 years of legal experience. Along with many other applicants, a couple also advocated for a textualist approach in interpreting law.
According to the lawsuit, Francis was the only nominee that did not reach the 10-year mark.
The petition, in apparent reference to textualist philosophy notes the “clear language” of Florida’s law that requires Supreme Court appointees to be Florida Bar members for a period of 10 years. The petition also points out that the state Constitution mandates that the governor make an appointment within 60 calendar days after receiving a list from the Judicial Nominating Commission.
DeSantis missed the March deadline. He claimed he delayed his selections due to being overwhelmed by managing the state’s response against the coronavirus pandemic.
Thompson’s lawyers claim that DeSantis broke the Constitution by failing to make the appointments on time. The lawyers argue that DeSantis should submit a new list to the nominating committee and that the governor should choose someone else.
DeSantis’ lawyers and the commission counter that Thompson does not have the standing to contest the appointment. They claim that Thompson’s petition is not in compliance with the Constitution. The Constitution is silent on the date at which a justice should take office.
Francis, who is slated to assume office Sept. 24, is listed on the Florida Supreme Court website as “justice designate”.
Her appointment sparked mixed reactions.
Glenn Mitchell, a Palm Beach County criminal defense attorney, said that “nobody is saying she’s incapable as a lawyer and a judge.” “But if someone cannot meet these criteria, how can this have happened?” … “I don’t know how this meteoric rise happened.”
Janet Ferris is a former Tallahassee circuit judge who has spoken out against the appointment. Ferris has concerns beyond experience. She is also troubled by what her view as attempts to attach an ideology a fair and impartial system of justice.
Ferris stated, “You need intelligent people who are hard-working and who want to learn the law.” “Everytime I hear them saying ‘We’re going to get our judges on the court,’ I break out into a sweat. I don’t like the courts being characterized in that manner. This is not how it should work. It didn’t work that way in my experience.
Brian Tannebaum, a Miami attorney who practiced before Judge Francis, stated that he does not know Judge Francis but has followed her career and heard positive things.
He agreed that it was beneficial for justices to have a wealth experience. He said that this is especially true at the Supreme Court, where decisions are made regarding life and death, and the state law of Florida as it relates so many major issues.
Tannebaum stated, “When I get on an airplane, and I look through the cockpit window, I’m always comforted by the pilot, regardless of whether it’s male, or female, having a little bit gray on the sides.”
Don James, the chairman of The Jamaican American Bar Association, credits Francis’ rapid rise with a strong work ethic. He said that Francis worked hard and was very productive, just like many immigrants.
James stated, “However, this turns out Judge Francis has very bright future.” “I am certain she has a lot to offer Floridans and I know we will be benefiting from her services in the years ahead.”