Florida Supreme Court allows Gov. Rick Scott to name replacement for retiring judge

Make sure to let us know what you think... we now have comments turned ON below the article!

The Florida Supreme Court heard arguments in a case earlier this year which focused on whether a state judicial vacancy opened up by an early retirement should be filled by an appointment from the governor or if the replacement should be chosen by voters.

The high court issued a 4-3 decision on Monday dismissing that case and allowing a lower court ruling to stand, which recognized the authority of the Florida governor — in this case, outgoing Gov. Rick Scott — to appoint the replacement for a retiring judge.

WLRN reported that the court actually decided by a count of 4-3 to not even rule on the merits of the case at all, which meant a ruling in Scott’s favor from the state’s 1st District Court of Appeals would prevail.

That lower court ruling means that Scott will be allowed to nominate a replacement for 4th Judicial Circuit Judge Robert Foster, who is resigning his seat on the bench on Dec. 31, 2018, just four business days ahead of the Jan. 7, 2019 date he was originally expected to leave the bench due to his reaching the mandatory retirement age in Florida.

Appointment or vote?

Judge Foster had sent Scott a letter in April informing the governor of his decision to step down from the bench a few days prior to his mandatory retirement, which under Florida law appeared to allow Scott to name a replacement for Foster.

Had Foster waited until Jan. 7 to step down, his replacement would have been chosen in the election.

But an attorney in Jacksonville, David Trotti, had wanted to run in an election to win Foster’s seat, and filed a lawsuit challenging Scott’s authority to name a replacement.

That lawsuit eventually made its way to the Florida Supreme Court, and oral arguments were heard in October.

However, the majority of justices decided that the case never should have even been heard by the Supreme Court, and dismissed the case to allow the appeals court ruling in Scott’s favor to stand.

The three justices in the minority issued two separate but similar written dissents, one of which called the entire case a “travesty” and “sham” that manipulated state law by carefully manufacturing a vacancy to be filled by appointment rather than election, while the other dissent argued that voters should have been given a say in choosing the judicial replacement.

[show_poll poll_id=1082]

“Long-settled law”

Attorneys for Gov. Scott had argued that Foster’s resignation should be considered as having been accepted when Scott received the letter in April, which according to “long-settled law” would mean Scott could name a replacement, even if Foster wasn’t actually stepping down until days before he was slated to leave regardless.

Even as the legal battle raged in the courts, Scott had already announced that he intended to appoint Duval County Judge Lester Bass to replace Foster. That appointment was made official on Monday.

223 Responses

  1. What i don’t realize is actually how you are not really a lot more well-favored than you may be now. You’re very intelligent. You realize thus considerably in the case of this topic, produced me personally believe it from a lot of numerous angles. Its like women and men aren’t interested except its one thing to do with Lady gaga! Your individual stuffs nice. At all times take care of it up!

  2. Heya this is somewhat of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding knowledge so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!

  3. hey there and thank you for your info – I’ve certainly picked up something new from right here. I did however expertise a few technical issues using this site, as I experienced to reload the web site lots of times previous to I could get it to load correctly. I had been wondering if your web host is OK? Not that I’m complaining, but slow loading instances times will sometimes affect your placement in google and can damage your high quality score if ads and marketing with Adwords. Anyway I am adding this RSS to my email and can look out for much more of your respective intriguing content. Ensure that you update this again very soon.

  4. Have you ever thought about creating an ebook or guest authoring on other sites? I have a blog based upon on the same ideas you discuss and would love to have you share some stories/information. I know my audience would value your work. If you are even remotely interested, feel free to shoot me an e-mail.

  5. I do agree with all the concepts you have offered in your post. They’re really convincing and can definitely work. Nonetheless, the posts are too short for newbies. May just you please extend them a little from next time? Thanks for the post.

  6. My developer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using WordPress on several websites for about a year and am nervous about switching to another platform. I have heard fantastic things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any help would be greatly appreciated!

  7. Im impressed, I have to say. Really not often do I encounter a blog thats each educative and entertaining, and let me inform you, you might have hit the nail on the head. Your idea is excellent; the problem is something that not enough individuals are talking intelligently about. I’m very completely happy that I stumbled throughout this in my seek for something referring to this.

  8. You actually make it seem really easy with your presentation but I to find this topic to be actually one thing which I think I would by no means understand. It seems too complex and very vast for me. I’m looking ahead on your next put up, I will try to get the hang of it!

  9. I love your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to construct my own blog and would like to find out where u got this from. cheers

  10. I’ve been browsing online greater than three hours nowadays, yet I by no means found any attention-grabbing article like yours. Its pretty value sufficient for me. In my view, if all site owners and bloggers made excellent content material as you did, the internet will probably be much more useful than ever before.

  11. Hey! I just want to give an enormous thumbs up for the great information you could have right here on this post. I will probably be coming again to your blog for extra soon.

Leave a Reply

Your email address will not be published.

Popular