A state representative who’s trying to overturn the nomination of Judge Renatha Francis to the Florida Supreme Court lacks standing in her lawsuit and misreads clear constitutional wording, Gov. Ron DeSantis said in a Supreme Court filing.
Asked for a comment on the governor’s legal response to her complaint against Judge Francis, state Rep. Geraldine Thompson (D-Orlando) referred the Florida Record to her most recent filing late last week. Thompson did not immediately respond to a question about whether she was disappointed that the Florida Legislative Black Caucus seems to be standing behind the nomination of Francis, who would be the first Jamaican-American to serve on the high court.
The key issue brought up in Thompson’s challenge is that Francis did not meet the requirement for Supreme Court justices to have 10 years of membership on the Florida Bar at the time DeSantis selected her. In addition, the governor failed to name his choices for two court vacancies within 60 days of the Judicial Nominating Commission (JNC) providing him with a list of finalists, as provided in the state constitution, according to Thompson.
The delay was due to the governor needing to respond to pressing state issues related to the coronavirus pandemic, DeSantis said.
“Petitioner claims Judge Francis was ineligible to be nominated by the Supreme Court JNC and appointed by Governor DeSantis because she was not yet a member of the Florida Bar for ten years prior to her appointment,” DeSantis’ response states. “However, the plain language of the constitutional requirements, supported by this court’s precedent, require eligibility at the time of assuming office, not the date of appointment.”
Francis will have the 10 years of bar membership by Sept. 24, when the governor planned for her to take her seat on the high court.
DeSantis’ legal response is based on a 2001 state Supreme Court case, Miller v. Mendez. But Thompson’s latest court filing contends that the Mendez case does not apply because it dealt with an elected judicial officer’s qualifications, not a Supreme Court appointment.
The position on the Supreme Court that Francis would assume has been vacant for the better part of a year, Thompson’s legal filing says, and the governor’ justifications for keeping it vacant “border on bizarre.”
“The process for filling the vacancy in question was corrupted by the JNC including an ineligible candidate on the list certified to the governor,” the filing states. “Thereafter, the governor appointed an individual unqualified to take office.”
Francis was chosen to succeed former Justice Robert Luck. Luck and former Justice Barbara Lagoa were selected to serve on the 11th U.S. Circuit of Appeals last year.