The Florida Supreme Court on Thursday ruled that Gov. Ron DeSantis
Ron DeSantis’s Political Divide over sending kids to school: poll The Hill’s Morning Report – Presented by Facebook – On day one, Trump’s convention seeks to stop the Florida judge’s base, forcing schools to reopen for personal lessons MORE (R) overruled his authority when he appointed a judge in the entire court, despite the fact that they did not meet the legal requirements, although the judge still follows a subsequent role to take a role in the court.
In a 5-0 decision, the state Supreme Court ruled that Renatha Francis, a former district court judge in Palm Beach County, was not eligible to be appointed to her position in May because she was short of 10 -year mandate for someone to be admitted to the Florida Bar before being eligible for a full court position.
Francis was admitted to the Florida Bar on September 24, 2010, and made her term at the bar several months short of the permit requirements for the Florida Supreme Court under state law.
“The governor has overruled his authority in making this appointment. In a nutshell, if a governor fills a vacant judicial office by appointment, the appointment must be constitutionally eligible for that office at the time of appointment, ‘the court ruled.
Francis is not in court and was therefore not part of Thursday’s ruling. She intends to formally join the bank on September 24 when she will officially fulfill her 10-year term. Justice John Couriel, who was appointed along with Francis in late May, also denied him the decision.
The state Supreme Court said Thursday that despite its finding there is no action to be taken and the appointment of Francis will still stand because the remedy sought by a state member cannot be done.
State Rep. Geraldine Thompson (D), who first brought the case against DeSantis, had asked the Florida Supreme Court to draw up a new list of possible nominees to fill a vacancy in the bank.
The court ruled that Thompson did not file her case in January, when Francis’ name was first pushed into a list of potential nominees, and that because she did not challenge her presence on the list, the first list of nominees must stand with.
“[T]he remedy Thompson seeks is legally unavailable under these circumstances. There is no legal justification for us to ask for a replacement appointment from a new candidate list, instead of the one already before the Governor. And the right solution (an appointment from the existing list of eligible nominees) would be contrary to Thompson’s stated goals in filing this case. That’s why we’re holding Thompson to the means she asked for and denying her petition, ‘the judges ruled.
DeSantis first selected Francis to fill the vacancy vacated by Justice Robert Luck. Their selection was a win for Black lawmakers who had pushed DeSantis to add an African-American to the bank. Thompson, who is also black, split from the state legislature’s Black Caucus to contest Francis’ nomination.
Thompson played Thursday against the decision, saying the ruling could allow DeSantis to disregard state law regarding suitability for future appointments.
“What they say is, ‘He surpassed his authority, but what then?'” Thompson said in an interview with The Orlando Sentinel. “It gives free governance to this governor and any other governor to exercise their authority, and there are no consequences for doing so.”
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