A strange story has emerged out of Florida’s 18th Judicial Circuit. The head of the Circuit Judicial Nominating Commission, attorney Alan Landman, resigned after a kerfuffle with Governor Ron DeSantis over the commission’s recommendations for an open judicial seat in Brevard County. Landman maintains that he had no choice but to resign after the Governor directly interfered with the independence of the nominating commission. The Governor’s representatives, by contrast, maintain that Landman was asked for his resignation after he inappropriately pushed his own preferred candidate.
Some are glorious temples to the administration of justice. Others are originally built as school buildings, retrofitted to house courtrooms and judges’ chambers, and must combat mold, crumbling walls, and occasional gunfire. The Tampa Bay Times offers an insightful report on the challenges faced by Florida’s 2d District Court of Appeal in their substandard building, and the resource allocation issues underlying their request for new quarters.
Last week I noted the lawsuit filed against Florida Governor Rick Scott by Jacksonville attorney David Trotti. Scott has moved to fill several seats on the state bench, which opened due to curiously timed judicial retirements. Trotti alleges that the retirements create a vacancy for such a short period that the seats should be filled by popular election.
The trial court ruled in favor of Trotti, which would have prevented the Governor from filling the seat. But the Scott Administration appealed, which automatically stayed the decision and once again enabled the Governor to appoint a new judge. Trotti convinced the trial court to vacate the stay, but Scott then convinced the appellate court to reinstate the stay.
Trotti has now appealed to the Florida Supreme Court, arguing that the stay (and a Scott appointment) will eliminate the rights of citizens to vote for the judicial candidate of their choice. In his petition, he noted that several judges have times their retirements to create just enough of vacancy to permit the Governor to claim the right to fill the seat through appointment. As I noted in my earlier post, I am no fan of judicial elections, but this certainly smells like people are gaming the system.
A curiously timed judicial retirement in Florida has spurred a lawsuit and a debate over whether the vacancy should be filled by the governor or the voters.
Robert Foster, a trial judge on the state’s Fourth Judicial Circuit, was expected to retire on January 7, 2019–the last day of his term. (Foster will have reached the state’s mandatory retirement age.) In April, however, Foster informed Governor Rick Scott that he will take retirement one week earlier, on December 31.
That one week makes a big difference. Normally when a Florida judge leaves on the final day of the term, his seat is filled by popular election. But the governor interpreted the December 31 retirement to be an “early” retirement, which would allow him to fill the seat by gubernatorial appointment. In early May, the Fourth Judicial Circuit’s Judicial Nominating Commission announced the vacancy and invited applications.
The Florida Supreme Court, a longtime leader in televised access to court hearings, has announced that it will broadcast all of its oral arguments on Facebook Live starting in February. The court has broadcast arguments through other providers since the late 1990s. Broadcasts will continue to be archived.
More information from the court is available at its Facebook page.
Palm Beach County judge Dana Santino, who last spring admitted to serious ethics violations during her election campaign last November, is now asking the Florida Supreme Court to reject a recommendation that she be removed from office.
Santino admitted making statements disparaging her opponent’s criminal defense work–statements which were found to impugn the integrity of her opponent and the entire legal profession. After an investigation, the state Judicial Qualifications Commissions recommended that Santino lose her judicial position.
The state supreme court has yet to make a decision, and could still schedule oral arguments on the Commission’s recommendation. Judge Santino remains on the county civil court bench pending resolution of the matter.
In March, I flagged a story about Palm Beach County Judge Dana Santino, who was elected last November after running a particularly ugly campaign against his opponent, Gregg Lerman. Judge Santino ran ads suggesting that Lerman, a defense attorney, represents “murders, rapists, child molesters, and other criminals.” She was subsequently investigated by the Florida Judicial Qualifications Commission, and admitted to violating two canons of judicial ethics. The Commission has yet to issue a recommendation to the Florida Supreme Court about Judge Santino’s punishment, if any.
In the meantime, there has been an interesting ripple effect. It turns out that before her own election, Judge Santino briefly served as a campaign manager to another Palm Beach County judge, Circuit Judge Cheryl Caracuzzo. In light of this fact, Gregg Lerman (Santino’s former opponent) asked Judge Caracuzzo to recuse herself from all cases in which he was representing a party. Judge Caracuzzo agreed.
Although requested by Lerman, the recusal now makes things more complicated for his practice. There are fewer judges available to his clients, which may lead to more delays in the administration of justice.
All involved insist that there are no hard feelings about the earlier campaign. But judicial elections have these sort of ancillary (and ultimately predictable) effects. At minimum, a lawyer in Mr. Lerman’s shoes might think twice before seeking a judicial position in the future.