Six candidates are facing legal challenges as they try to be appointed by the governor. Ron DeSantis was transferred to two appellate courts by plaintiffs who sought to remove Justice Renatha France, Florida Supreme Court Justice, from the cases.
Original challenges were filed Nov. 17, at the Supreme Court. They claim that the candidates for the 5th District Court of Appeal or a newly formed 6th District Court of Appeal seats are ineligible due to their residence outside of the jurisdiction of these courts.
Justice Jamie Grosshans has already resigned from the cases, and Justices Charles Canady & John Couriel raised objections to their participation.
DeSantis appointed Francis to fill the Supreme Court vacancy in 2020. However, her appointment was hampered by a legal battle and political fight. The court was asked to block Francis’ appointment by Geraldine Thompson, a Windermere Democrat. Thompson had not met the 10-year Florida Bar membership requirements for justices at the time.
The Florida Supreme Court rejected Francis in a unanimous rejection of DeSantis and ordered that the governor nominate another candidate from the list. Grosshans was selected by DeSantis in 2020. Francis was appointed in August after the 10-year deadline had been met.
Friday’s motions were filed by plaintiffs. They argued that Francis’ tangled appointment history may have influenced her handling of current challenges.
According to the motions, Justice Francis was affected by the court’s decision in Thompson’s lawsuit because it “had a direct effect on her personal life” as it invalidated her appointment at the Florida Supreme Court.
Their lawyers stated that the plaintiffs had “an objectively reasonable fear” Justice Francis would not be able to impartially and fairly decide this case. “The appearance that Justice Francis would be involved in this case is not in our best interests as it would lead to an appearance of impropriety.”
After Grosshans resigned and objections to Couriel and Canady were filed, Supreme Court Chief Justice Carlos Muniz appointed Ivan Fernandez as chief judge of 3rd District Court of Appeal.
Five justices are required by the Supreme Court, which has seven members. Fernandez is a temporary associate justice who can be appointed if five justices are unavailable.
The Judicial Nominating Commissions reviewed the applications and sent DeSantis lists of potential candidates for consideration.
Grosshans resigned herself, as Josh Grosshans is a member of 6th District Court of Appeal Judicial Nominating Commission. According to a court filing last Wednesday.
The attorneys who challenged Canady, Couriel’s participation in the challenges filed objections because they agreed to refer to candidates.
Couriel was a reference to state Rep. Mike Beltran (a Lithia Republican who sought to be appointed to 6th District Court of Appeal). Canady was a reference to Danielle Brewer (a judge in 12th Judicial Circuit) and Michael T. McHugh (a judge of the 20th Judicial Circuit), both of whom are also seeking appointments at the 6th District Court of Appeal.
This year, the Legislature approved HB 7027 which added the 6th District Court of Appeal to the Constitution and revised the jurisdictions of both the 1st District Court of Appeal, 2nd District Court of Appeal (and 5th District Court of Appeal). These changes will take effect January 1, and DeSantis will appoint judges to fill the vacancies.
Attorneys for Thompson claim that four of the 18 candidates, Beltran and Brewer included, are not eligible to be appointed to the 6th District Court of Appeal as they don’t live in its jurisdiction. Thompson is also challenging the eligibility for Leon County Circuit Judge Stephen Everett, and Hillsborough County Circuit judge Jared Smith.
The 6th District Court of Appeal will hear appeals from the 9th,10th and 20th circuits. These circuits include Orange, Osceola and Hardee counties.
Whitney Boan’s attorneys filed another case claiming that only two of the 15 candidates for seats on Volusia County Circuit Judge Paige Kilbane Kilbane are eligible. These candidates include John MacIver (a Leon County resident) and Paige Kilbane, Palm Beach County Circuit Judge.
The 5th District Court of Appeal will hear appeals from the 4th, 5th and 7th judicial circuits. It will be located in Daytona Beach.
The Dec. 6 deadline is for responses to be filed by the judicial nominating committees of the appeals courts.