Florida Gov. Ron DeSantis is standing by his appointment of Palm Beach County Circuit Judge Renatha Francis to the state Supreme Court in the wake of a lawsuit filed by a state lawmaker that challenges Francis’ qualifications for the position.
State Rep. Geraldine Thompson (D-Orlando) filed the litigation with the Florida Supreme Court on July 13, arguing that DeSantis and the judicial nominating commission (JNC) that included Francis on its list of finalists earlier this year both exceeded their authority. The complaint points to language in the Florida Constitution and rules on legal procedures requiring Supreme Court nominees to have been members of the Florida Bar for at least 10 years.
Francis, who would be the high court’s first Caribbean-American member, will not meet the 10-year requirement until Sept. 24. The JNC was therefore precluded from nominating Francis as a candidate for a vacancy on the state Supreme Court, Thompson’s complaint argues.
“This court should issue a writ of quo warranto reaching that conclusion and a writ of mandamus compelling the JNC to immediately provide Governor Desantis with a new list of nominees that are constitutionally eligible to hold the office,” the complaint says.
In response to a query from the Florida Record, the Governor’s Office expressed assurance that Francis would take a seat on the high court.
“Judge Francis will make her ascension to the Florida Supreme Court as the first Jamaican-American justice upon her return from maternity leave in September,” the statement emailed to the Record said. “... The governor firmly believes Judge Francis is well-equipped to become a justice on the Florida Supreme Court.”
The Governor’s Office emphasized that Francis’ life story makes her well-qualified to serve on the state’s highest court.
“Judge Renatha Francis’ story demonstrates that anyone who comes to the United States has an opportunity to make the most of their God-given talents, and what she has accomplished is extraordinary,” the statement says. “Throughout her career, Judge Francis has demonstrated a strong commitment to the rule of law as well as to the judicial craft.”
Thompson’s lawsuit notes that nearly all of the seven African-American and Caribbean-American candidates who originally applied to the Supreme Court JNC met all of the constitutional qualifications to serve.
“Governor DeSantis has touted his attempt to appoint Judge Francis to the Supreme Court as an effort to achieve diversity,” the complaint states. “However, both diversity and experience can and must be achieved while complying with the Florida Constitution.”
This week Judge John Couriel, who DeSantis also appointed to the high court in May, recused himself from taking part in hearings in the case.